Effort stalls to force special town meeting in Paris

But recall ordinance on the way

PARIS — The latest skirmish in the battle over Paris’ subdivision rules took an unexpected turn Monday, when resident Rick Jackson announced he had enough signatures to force a special town meeting, but then declined to submit them.

“The group that I represent has decided to hold off on that at this time,” he said.  “We are interested in working with the town in any way possible.”

Jackson said his group, anonymous but for himself, but said to include a “core group” of 17 local landowners, was “more than happy to adopt every single one” of the suggestions made John Maloney, a senior planner with the Androscoggin Valley Council of Governments (AVCOG).

On November 27, Paris attorney Dana Hanley submitted a 57-page ordinance on behalf of Jackson’s group, meant to supersede Paris’ existing ordinance, under fire by those in Jackson’s camp since its adoption in June, 2007.  Hanley then submitted 221 valid signatures December 22, along with a petition asking selectmen to call a special town meeting “within 60 days.”

Instead, citing the prerogative given them under state law, selectmen chose to take the new ordinance to the ballot booth, June 9.  The reasoning, they said, in a 3-1-1 vote, is that special town meetings draw notoriously low turnouts — rarely more than 100.  However, more than 950 citizens voted on the current ordinance in a June, 2007, referendum, they said, and at least as many should have the opportunity to weigh in on its proposed replacement. 

Selectmen also pointed to an unwritten policy of recent years, under which all ordinances bypass town meeting floor and go straight to referendum.

In preparation for a series of four public hearings scheduled for the Hanley/Jackson ordinance, Paris officials reportedly spent 20 hours comparing it line-by-line to current regulations.  That document was then appended January 13 with a series of 35 questions, objections and suggestions made by Maloney.

Jackson said that, in order to “fast track” adoption of the new ordinance “in time for the spring building season,” his group would be willing to incorporate all of Maloney’s ideas.

However, while Jackson maintained that the ordinance proposal could be amended so long as none of the original petitioners voiced written objection, selectboard Chairman Ray Glover said the town would require a written affidavit from all 221 signatories in order to swap out a new version.

Glover also said Jackson’s second round of petitioning was for naught.  A notary public could use those signatures to call a special town meeting over the objection of selectmen, he said, only if the board “unreasonably refused” to put the matter to a vote.  Although selectmen chose to take that vote to referendum rather than a special town meeting, the board did not disregard the Hanley/Jackson ordinance out of hand.

“Any further effort with a notary petition is pretty much fruitless, in my opinion,” said Selectmen Skip Herrick.  “We’ve acted responsibly and accordingly within the statutes.  It says ‘unreasonable’ and I do not see that as the case in the matter that we voted on.”

“You’re always welcome to try it in court,” said Glover, “but I think that you will fail.”

Noting that neither he nor any on Paris selectboard are attorneys-at-law, Jackson said his group “is prepared” to turn the argument over to those who are. 

“I feel very strongly that we can proceed in court and prevail, because we have worded our petitions very, very carefully,” he said.

However, Jackson stressed that his group would prefer to settle the matter amicably.

“At the end of the day, we’ve all got to work together,” he said.  “We don’t want to have a big fight in court.  We don’t need to.  We all live next to each other.  We’re friends, we’re family, and we have been for a long time.  We’d like to work with you folks.

“With that said, as we’ve extended our hand, I just hope it doesn’t get bit,” said Jackson.

For several minutes, Ron Fitts — who kicked off the great ordinance controversy in January, 2008, when he submitted to selectmen a list of nine objections to the current rules — urged Glover to check with town attorney’s, to see if the Hanley/Jackson proposal can be amended before the scheduled vote.

“That way, you can work with the petitioners hand-in-hand to get this town back on track,” he argued.  “If you legally can, wouldn’t it be worth it for the selectmen and maybe the planning board to work with all these petitioners?”

However, Glover maintained that the ordinance proposal, as submitted, and signed off on by petitioners, will have to stand on its own merits.

“What you are saying sounds reasonable,” he said, “but in my mind, legally, I don’t accept.  I honestly do not believe that it can be done.”

Still, Glover did say he would “check into” Maloney’s availability for upcoming hearings on the ordinance.  Jackson said someone from his group will act as spokesman for the proposal at those hearings.

Meanwhile, former selectmen Barbara Payne spoke up to defend the board’s decision to take the proposal to referendum.  Many people, from young workers to the elderly, are unable to attend a special town meeting, she said, making it possible that a minority interest could push though changes.

“I don’t understand what the objection is to having a secret ballot at referendum, when these very people are hiding behind a shield of anonymity themselves,” she said.  “It just looks a little unusual.”

Hearings on the ordinance proposal will be held on the first Tuesday of each month, through May — with the first set for 7 p.m. on Tuesday, February 3, at the town office.

“One public hearing wouldn’t be enough,” said Glover, “or it would be a very long public hearing, I’m afraid.”

On Tuesday, Jackson said his group will wait until after February 3 hearing before deciding how to proceed with their call for a special town meeting. 

"With all this fuss about public participation, we want to wait and see what kind of turnout there is," he said.  "If it's only four or five people, we may proceed."

However, Jackson's group will no wait to follow through on one other promise.  A special selectboard meeting has been called for 6:30 p.m. tonight, January 29, at the town office, to complete an annual review of the town manager. 

Although that business will take place in executive session, Jackson said his group will be there to deliver a proposal for another ordinance — one to remove selectmen from office.