Wednesday, December 27, 2017

YOU BE THE JUDGE!!!!!


On December 19, 2017, our loved Town Council performed yet another illegal Executive Session. This is exactly the same way it was when Councilor LaRochelle was on the Town Council the last time. At least they waited until the second meeting to start again. I believe that before you can be a Councilor you must know how to read. Since the oath of office they take requires you to obey the laws of the State of Maine; each Councilor should know the law pertaining to Executive Sessions. Maine Statue 405, Executive Sessions is only three pages long and outlines what can and cannot be discussed behind closed doors.

Paragraph 6, Permitted deliberation, states “Deliberations on ONLY the following matters may be conducted during an executive session:” It goes on to outline 8 sub-paragraphs for which an Executive Session is authorized. Sub-paragraph C. reads “Discussion or consideration of the condition, acquisition or the use of real or personal property permanently attached to real property or interests therein or disposition of publicly held property or economic development ONLY IF PREMATURE DISCLOSURES OF THE INFORMATION WOULD PREJUDICE THE COMPETITIVES OR BARGAINING POSITION OF THE BODY OR AGENCY.” The last portion of this provision is the most critical because it outlines when this sub-paragraph can be used for an Executive Session.

On December 19, 2017, the Town Council when into Executive Session under the above-cited sub-paragraph and when they came out Councilor Kolbe read a prepared motion that read: “Move to loan $146,940.00 with a 10-year term at an interest rate of 5% to Jason LaVerdiere and Tyson LaVerdiere doing business as Flux Restaurant as followers: $100,000.00 from the IRP fund and $46,940.00 from the Commercial Loan Fund.” This was the only application for the Revolving Loan Fund program so where is the competition. How is approval of the only application going to change the bargaining position or going to be changed if this information was released? The loan application does NOT meet the criteria for Executive Session under the provisions of Maine Statue 405. I support the approval of the loan application BUT not in the manner it was done.

This Town Council meeting is only Councilor LaRochelle’s second meeting. It would appear that the community is in for three more years of back-door dealings and illegal Executive Sessions.

Call your Councilors and tell them to stop these illegal Executive Session and start complying with the law by discussing them in Public.
Larry Fillmore