According to a legal opinion, the Alna special town meeting vote instructing the board of selectmen to contract with Hanley Construction for Alna’s snow removal may be void.
The Aug. 25 special town meeting was needed to raise an additional $20,000 to cover the additional cost of the new snowplowing contract offered by Hagar Enterprises, who was the only company that bid for the job.
During the meeting Alna voters amended the article twice. The first amendment reduced the dollar amount to $0 and the second directed the selectmen to contract with Hanley Construction, who had been doing the town’s snowplowing for the last five years, but didn’t submit a bid for the 2014-2015 year.
In an Aug. 27 email to Alna Town Clerk Amy Warner, Maine Municipal Association attorney Susanne Pilgrim explained, that in her opinion, the first amendment reducing Article 2 from $20,000 to $0 would have been appropriate. The second amendment to the article directing the selectmen to use a specific contractor and specifying the amounts to be paid for the next three years was void.
“In my opinion, the second amendment was far outside the scope of the article on the warrant, and was void,” Pilgrim writes
Because the voters approved the article with a void amendment they actually took no action on the article, Pilgrim said.
“Thus in my opinion the town is left with the status quo prior to the special meeting. I understand that was an appropriation of funds for snowplowing and sand/salt at your annual town meeting. I think that original appropriation remains.” Pilgrim wrote.
The Alna Board of Selectmen will discuss the issue Wednesday, Sept. 3 at its next regular meeting, which begins at 7 p.m at the Alna Town Office.
