CEO says he OK'd wall during yet another rancorous BOS meeting

Milton Selectmen Chair Andy Rawson tries to restore order during a meeting Monday concerning a wall behind a town business. (Inset, Courtesy You Tube video; background photo, The Lebanon Voice)

2017© MILTON - Milton's Code Enforcement Officer confirmed on Monday that he agreed to the building of the wall behind Three Ponds Automotive, a potentially damaging revelation to the town, whose liability for the cost of any modifications deemed necessary could now be borne by taxpayers.

During yet another rancorous selectmen's meeting held at the Emma Ramsey Center, CEO Brian Boyers clashed repeatedly with Selectman Ryan Thibeault, accusing him of a "conflict of interest" as an abutter to Three Ponds Automotive who has long been calling the wall a liability to the town, first as a private citizen and now as the board's freshman member just three months after he was elected.

Selectman Mike Beaulieu was not in attendance at the meeting due to illness, while Selectman Andy Rawson was serving as selectmen chair for the first time after Beaulieu resigned under pressure two weeks ago.

Boyers, from the very start of his conversation with selectmen on the circumstances surrounding his OK'ing of the 20-foot wall, expressed his uneasiness with Thibeault's objectivity in the matter.

"I'm not comfortable not having a full board, for one, and I'm not comfortable with Mr. Thibeault over there, either," Boyers said, adding, "He has a vested interest in this as an abutter."

Thibeault moved into the house just north of Three Ponds Automotive a couple of years ago and has a long history as a private citizen of clamoring for the wall to be taken down.

"We're not making any decisions tonight, we're just getting your side of the story," Thibeault replied.

"But you shouldn't have any involvement in it," said Boyers, who for the rest of the meeting declined to answer any questions put forth by Thibeault.

The 22-year town CEO then questioned why the wall was being called a retaining wall when it was a "landscape wall."

"Who changed it to retaining wall, who made that decision" he asked. "Everybody's referring to it as a retaining wall. Who did it? Why are we discussing it as a retaining wall when it was a landscape wall, which is what we all agreed on when it was being built."

Boyers also explained that the only place in town that you see retaining walls are on the lake, and that is all regulated by the state.

He added that while watching the wall's construction some five years ago he was impressed with the quality of the work and wasn't concerned about its construction.

At one point, a frustrated Thibeault told the board he had several questions he wanted to ask.

"I'm not going to answer it," Boyers retorted.

Moments later Thibeault attempted to question Boyers again.

"Have we adopted the 2009 IBC code?" he asked.

"Yes," Boyers said.

Thibeault then slapped his fists together and tried to ask a followup question, but was cut short.

"I'm not speaking to you, Mr. Thibeault," Boyers said.

"Well, I'm speaking to you, and if you choose not to speak..."

"You're too close to this and you know it," Boyers fired back interrupting Thibeault.

"You need to back off, you're the only one who had something to gain from this," said an unidentified audience member to Thibeault. "Step down."

Much of the discussion turned to what was the legal definitions of a "retaining wall" and whether it was covered in state statute, because there is none at the local level, Boyers said.

Boyers also recounted that Thibeault had met with him several times last year when he was a private citizen to complain about the wall.

"You started all this back last year after the conversation with the owner. You came to me and you wanted to know if they had a permit for a retaining wall. I told you it wasn't a retaining wall," Boyers said. "Then you came back and said your attorney said it was a retaining wall so I said why don't you have your attorney contact the town attorney.

"And then bingo, we now have the town attorney involved," Boyers added.

"Nothing's changed since I came on the board ... it's just one of those things that fell through the cracks," Thibeault replied.

One audience member said the town should check with the town attorney to find out if Thibeault's participation in the issue is a conflict of interest.

At one point during the chaos - which saw even audience members calling for order - Eric Knapp of the Milton Economic Development Committee chastised the board over its preoccupation with the wall.

"We've spent more time on this issue than almost anything else I've witnessed in this town," he said. "Can we please move on and get on to town business."

With no full board and Town Administrator Heather Thibodeau on vacation, the issue will likely be revisited at the board's next regularly scheduled meeting on July 24.

To see a video of Monday's meeting click here. The wall discussion begins around the 9:40 mark.