Creating right to appeal locally?

By Wayne E. Rivet

Staff Writer

Everybody can have their day in court, but Bridgton Selectman Bear Zaidman would like to give a fired employee another chance to appeal the decision before pursuing their last resort.

Zaidman Tuesday night proposed to add a clause to the town’s Personnel Policy that would allow an employee to bring their grievance to selectmen before taking the fight to court. At the moment, once the matter goes through the department head and town manager, “it’s done unless the employee wants to fight it and go to court,” Zaidman said.

Town employees represented by a union have a grievance process. Zaidman handed fellow selectmen a prepared, written “insert” to the existing Personnel Policy that would give nonunion workers a new level of appeal. The verbiage Zaidman proposed is used in neighboring Naples.

Selectman Carmen Lone agreed with the idea of offering mediation, but questioned the qualifications of selectmen to act in this role. She suggested that the town hire an outside mediator to handle the grievance.

Town Manager Bob Peabody, who was late arriving to Tuesday’s meeting due to traffic congestion in Windham, questioned the timing of Zaidman’s attempt to alter the existing Personnel Policy. He noted that the proposal was not an agenda item (it was brought up under “Selectmen’s Concerns”), and he was not given ample time to prepare a response. Peabody suggested that the proposal be reviewed by town counsel and selectmen consider “unattended consequences” that could arise if they head in this direction.

“I’ve been charged to work on the Personnel Policy and to bring it to the board in September,” he noted. “Why are you cherry-picking this…what is the urgency?”

Zaidman pointed out that he raised the question three years ago, and to date, there has been no action. He believes selectmen, as elected representatives of the townspeople, should have a final say before a grievance goes to court.

Again, Lone chimed in saying, “The Board of Selectmen are not qualified to handle personnel.”

Zaidman rescinded his motion to revise the existing Personnel Policy Tuesday, and instead have the matter discussed at the board’s July 23 meeting.

In other board notes:

No deal, but idea still alive. To develop a fast-charging station for electric vehicles in Bridgton, Chris Nihan will need to continue his search for a good site.

While selectmen shot down the idea of developing the charging station near the current one adjacent to the Bridgton Community Center, another option has surfaced. Selectman Fred Packard was approached by the owner of the former knitting mill facility about his interest in locating the charging station there. The location would appear to meet ChargePoint’s criteria — high-visibility, adequate space (since the charging station would require space for the equipment, as well as four dedicated parking spaces) and access to three-phase power. Nihan plans to contact the property owner immediately since ChargePoint would like to get the Bridgton station up and running by fall. ChargePoint is looking to establish seven fast-charging sites across Maine. The new technology reduces charging time for electric vehicles to a half hour. The town currently has a Level 2 charging unit near the Community Center

A couple of factors nixed the idea of expanding the current charging site. Board Chairman Lee Eastman had trouble with the idea of allowing a private company to eventually make money without paying a fee while using town property. He felt allowing such an arrangement would set a dangerous precedent.

Nihan explained that the high upfront cost of equipment and installation would result in ChargePoint not seeing a profit over the first 10 years (which was the term of the licensing agreement between the company and town).

Selectman Bear Zaidman had issues with the idea of either running more wires across Depot Street or “trenching” through the municipal parking lot to place wires underground. “Unless you’re willing to repave the entire parking lot,” Zaidman added.

Selectman Bob Murphy voiced concerns regarding safety (whether the transformer area needed to be fenced off to prevent children from accessing the equipment) and snow plowing. Nihan said the equipment is monitored remotely, but if the area needed to be cleared due to snowfall, the hope would be that the town would plow that area.

“Sounds like a ‘no,’” Nihan said regarding the apparent position of the board.

But, it could be a “yes,” if an agreement can be struck with the private property owner.

Safety concern. While a Main Street property owner plans to wait until fall to address issues associated with the vacant building, Selectman Carmen Lone sees the situation as a major safety concern that should be rectified immediately.

In question is a façade at the top of the 271 Main Street property (owned by Macdonald Properties), which sits near the directional lights in Pondicherry Square. Selectmen had asked that a structural engineer evaluate the façade, which is being held in place by boarding.

Lone pointed out that she has no issue with the building, but would like to see the façade removed to insure the safety of people using the sidewalk, as well as vehicle traffic. She noted that “pieces” had fallen, and the structure is “unstable…posing a danger to residents.”

“I’d like to see that trim work removed as soon as possible, not in September,” she said.

Selectman Bear Zaidman agreed, adding “it’s not too much to ask for that part of the building to be secure.”

Code Enforcement Officer Rob Baker will be asked to contact the owner about addressing the problem immediately or selectmen could start action under the town’s Dangerous Building ordinance.

Permit approved. When Tarry A- hile owners Dan and Roseana Richards sought a special amusement permit a year ago, there were concerns voiced by a neighbor regarding noise created by special functions. The permit was approved. Tuesday, it was renewal time and selectmen wondered if there were any noise issues. The answer, no. Officials were told there was one instance when the resort’s owners were called at 9:45 p.m., and they responded by “quieting it down.” Hearing no complaints during the public hearing, selectmen approved the new amusement permit.

Brake noise. Town officials will check with the Maine Department of Transportation regarding installation of signage in regards to “braking” on Route 117 near Bridgton Academy after a resident filed a noise complaint. The resident also asked for police to check speeds in that area, feeling many motorists are exceeding the posted limit.

Board leadership. Lee Eastman was re-elected as chairman of the Bridgton Board of Selectmen. Glenn “Bear” Zaidman was elected vice chairman. Selectmen will keep their current liaison assignments — Community Development Committee, Carmen Lone; Wastewater Committee, Bear Zaidman; Pondicherry Park Committee, Bob Murphy; Land Use Zoning, Fred Packard; Ordinance Review, Lee Eastman; Events, Bob Murphy; Eastern Slope Airport, Fred Packard; Investment Committee, Lee Eastman.

Selectmen also approved a few appointments: Kevin Raday as an Appeals Board member, moving up from the alternate spot; Dick Danis as an alternate to the Appeals Board; Samantha Zawistowski as an Ordinance Review Committee member; Beth Cossey as a Community Development Committee member.

Meeting schedule. Selectmen will continue to meet on the second and fourth Tuesdays of each month at 5 p.m.

Job openings. Bridgton has three job openings — full-time police officer (application deadline is Aug. 1); Salmon Point Campground seasonal full-time maintenance position (immediate start until October 2019, right candidate will have the opportunity to be manager for 2020 season and beyond, applications accepted until the position is filled); full-time position with the town’s Public Work’s Department working in parks, cemeteries and Transfer Station, applications accepted until position filled). Information regarding the positions can be found on the town’s website, www.bridgtonmaine.org

Fresh look. Pro Point Restoration was scheduled to begin work yesterday on the granite base portion of the Main Hill monument. Completion is expected by Friday, weather permitting. Anthony Tafuri will begin restoration work on the statue portion in the middle of July. Scaffolding will be erected around the statue, but work should not interfere with traffic flow, according to Public Works Director Jim Kidder.

Transfer Station closed on Thursday, July 4, for the holiday, and again on Thursday, July 25, for routine maintenance. Regular hours of operation are Tuesday, Thursday, Saturday and Sunday, from 7 a.m. to 5 p.m.