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BOS Minutes 05-23-07

BOARD OF SELECTMEN
SPECIAL MEETING MINUTES
MAY 23, 2007




Open the Meeting:

Chairwoman Veronica Beaulieu opened the meeting at 4:35 p.m.  Also present were Selectpersons Duncan Albert, Steven Ouellette, Robert Rebello and Gary Mauk and Town Administrator Michael Coughlin.  Also, in attendance was Town Counsel David Jenkins.

The following are the actions and discussions made by the Board during this meeting.


Executive Session:

Selectpersons Veronica Beaulieu, Steven Ouellette, Duncan Albert, Robert Rebello and Gary Mauk on a unanimous roll call vote, voted to enter into executive session at 4:36 p.m. under Chapter 39, Section 23B to discuss the physical condition of two individuals in the Police Department and potential litigation.


Open Session:

On a roll call vote, Selectman Rebello made a motion to return to open session at 6:55 p.m.  The motion, which was seconded by Selectman Ouellette, was unanimously approved.


Conservation Commission Issue:

There was some discussion regarding the Board of Selectmen’s vote on 5/21/07 to dismiss the entire Conservation Commission.  Selectman Ouellette questioned David Jenkins as to whether it was an ethics issue that Selectman Mauk’s son dealt with Conservation.  Selectman Mauk stated to Town Counsel that his son, Glenn, frequently appears before the Conservation Commission in a professional capacity.  He noted that Glenn Mauk lives in a separate residence and is a registered engineer and land surveyor and also practices law.  Town Counsel responded to Selectman Mauk that it was not a conflict of interest and to be on the safe side, if he felt it was necessary, should file a disclosure statement with the Town Clerk that his son appears before the Conservation Commission.  Chairwoman Beaulieu stated that it had been brought to the Board’s attention that they were premature in their actions and that it would be appropriate to rescind the motions made at the 5/21/07 Selectmen’s meeting.  Selectman Rebello made a motion to rescind the motion to dissolve the Conservation Commission, as it currently exists.  The motion to rescind the motion was seconded by Selectman Albert and was approved with Selectpersons Beaulieu, Albert, Rebello and Mauk voting yes and Selectman Ouellette abstaining.  Selectman Rebello then made a motion to rescind the motion that the Board of Selectmen reconstitute a new five (5) member Conservation Commission, that interested parties submit a letter of intent to the Board of Selectmen’s office by 5/28/07 for consideration to the new Conservation Commission and that a new five member Commission will be appointed at the next regular Selectmen’s meeting scheduled for 6/4/07.  Selectman Albert seconded the motion to rescind the motion, which was approved with Selectpersons Beaulieu, Albert, Rebello and Mauk voting yes and Selectman Ouellette abstaining.  Selectman Mauk made a motion to rescind the motion to have the Board of Selectmen acting as the Conservation Commission and Selectman Albert acting as the Board’s agent.  The motion to rescind the motion was seconded by Selectman Rebello and was passed with Selectpersons Beaulieu, Rebello and Mauk voting yes and Selectmen Ouellette and Albert abstaining.  On a motion by Selectman Albert, which was seconded by Selectman Mauk, the Board unanimously voted to release to the public Town Counsel’s opinion letter dated 5/21/07 regarding the Conservation Commission’s Open Meeting Law violation and other issues.  Selectman Albert then made a motion to invite the individual members of the Conservation Commission in to an executive session on 5/30/07 at 5:00 p.m. to address the issues outlined in Town Counsel David Jenkins’ letter of 5/21/07 and also discuss complaints regarding job performance.  The motion, which was seconded by Selectman Mauk, was voted unanimously.


Adjournment:

On a motion by Selectman Ouellette, which was seconded by Selectman Albert, the Board unanimously voted to adjourn the meeting at 7:08 p.m.

Respectfully submitted,




Denise Bouchard, Secretary
to the Board of Selectmen




APPROVED:    Gary E. Mauk, Clerk

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