The Alna Select Board will speak with legal counsel in executive session at its next regular meeting to review the town’s rights to restrict its public participation policy as a result of continued conflict between the board and residents.
Board Chair Ed Pentaleri announced the executive session for legal advice “on rights and obligations under statutes relative to administration of town affairs” at the end of the board’s working meeting on Wednesday, Aug. 30. At working meetings, board members discuss municipal business without taking formal action or permitting public comment.
Members discussed comments made by Pentaleri at the previous regular board meeting about resident Jeff Spinney, expectations for select board member behavior, and future public participation policies.
When the board met Aug. 24, Pentaleri outlined reasons for Code Enforcement Officer Greg Lumbert’s resignation, detailing contact from a resident he did not name who caused Lumbert to depart.
After the Aug. 24 meeting, Spinney confirmed the statement was about him. Spinney was described openly by all board members at the Aug. 30 working meeting as the subject of Pentaleri’s remarks.
When residents in the audience began to speak over each other on Aug. 24, Pentaleri said the meeting would not continue while Spinney was present and declared a recess. The board then unanimously voted to extend its meeting to Aug. 30.
Spinney and the town are in litigation over a boat ramp Spinney built on his Golden Ridge Road property in December 2020.
Spinney filed complaints with Lumbert over action by the town’s road committee that resulted in gravel being added to the boat launch area on Pinkham Pond. Spinney confirmed sending 77 emails, plus texts and phone calls, to Lumbert on 32 days in a 77-day period.
Select board members Pentaleri and Coreysha Stone are members of the roads committee.
During the Aug. 30 meeting, Stone said Pentaleri’s statement “forced” the board to extend the meeting and was “more heated” than necessary.
“Details were accurate, but inflammatory,” she said.
Stone said select board members have a responsibility to contain their frustration and reward what they see as good behavior rather than engaging negatively with residents.
Pentaleri said not talking about negative behavior was “a failed strategy” that enabled misbehavior, and that the board was suffering as a result of “the tyranny of low expectations.”
“We have not been rewarded for trying to be adults,” he said.
Stone said she and fellow board member Steven Graham could not stop Pentaleri from speaking, only ask that he be on his best behavior. She noted the town had been private about the details of other personal issues, such as with contractors, and had not done the same for Spinney.
Pentaleri and Graham both described Spinney’s behaviors as abusive. Graham said the board might seek legal counsel for a restraining order or other options.
Graham eventually asked that the conversation end as Spinney, comwho was in the audience, could not comment due to the no-participation rule of working meetings.
“Right now, we’re effectively putting Jeff on trial without giving him a chance to respond,” he said. “I’m not comfortable with that.”
Pentaleri agreed and announced the executive session for legal counsel.
He said he believes the town has the most liberal public comment policy in the county, and no statute gives residents the right to participate.
“These are our meetings,” he said to his fellow board members.
In response to a follow-up email after the meeting, Pentaleri cited the Maine Municipal Association’s manual for municipal officers. The manual states the public has full access to public proceedings but not an “unconditional right” of participation.
“Although there are no citations to statute, they make clear that the only meetings where members of the public have a right to speak are town meetings and hearings,” he said.
According to Alna’s public meeting participation policy, adopted in February 2022, the board “as a general rule will allow a high degree of public comment from Alna residents and taxpayers, as well as others who desire to come before the board.”
The policy continues that commenters who disrupt or do not follow participation rules can be asked to leave the meeting or that authorities be called to remove them.
Stone and Graham said the limits to comment policies, such as three minutes for each speaker, have not been consistently enforced.
In other municipal updates, Pentaleri reported a Federal Emergency Management Agency grant has funded the installation of a propane tank and generator for the town office.
Signage at Head Tide Dam and the town sand and salt shed will be installed this week, and the town seeks volunteers for its Climate Resiliency Partnership Initiative. Board of appeals members, whose terms all expire Sept. 1, will be reappointed by the select board.
The Alna Select Board’s next regular meeting begins at 6 p.m. on Thursday, Sept. 7 in the town office and by Zoom.
