I may not be perfect, but at least I'm not fake.

I may not be perfect, but at least I'm not fake.
This page is copyrighted by Deborah Dorey Wilson, The Lebanon Truth Seekers. All rights reserved.

Wednesday, October 21, 2015

Lebanon Maine Board of Selectmen's Meeting Monday 10/19/15 in 6 (six) Parts.

 
LEBANON MAINE BOARD OF SELECTMEN'S MEETING
MONDAY 10/19/15
 
I walked into the Lebanon Board of Selectmen's Meeting on Monday evening at 3:50 pm. Usually a safe bet to be 10 minutes early, but instead, I found the 4:00 pm meeting already in order with Treasurer Jeanette Lemay addressing the Board.
If I had actually been on time for the meeting, I would have missed the fact that Mrs. Lemay was speaking to the Board regarding 13 separate Right to Know requests that had come in via fax machine from one Jason Cole requesting information and time sheets on ambulance runs in Lebanon.
We were also in plenty of time to hear about "something that happened on Friday" comments that left Sandy and I gawking at one another and wondering just WHAT happened on Friday?? (See Part 6 for the Answer to that question.)
Ms. Lemay left the meeting but returned a few moments later with a Purchase Order for the Lebanon Recreation Department for Candy for the upcoming Trunk or Treat event (this Friday, October 23 at the Lebanon Elementary School).
Selectmen's Assistant, Sue Collins discusses openings in the agenda for the swearing in of the new Cemetery Care Committee. All interested people who wish to sit on this Committee should be at the Town Office on Monday, October 26th, 2015 to be sworn in as part of the Committee. If you have questions, please message Deborah Dorey Wilson. Thank you.
Selectmen's Assistant Collins addresses the Board with some requests for tax abatements.
At 4:00 pm, the scheduled time for the start of the meeting, Road Commissioner Tom Torno arrives to address the Board regarding a call from a Duell Lane resident (off Center Road) regarding a big dead tree in the middle of a small cemetery on their property. Torno states that he has been in discussion with Abbott Tree regarding the removal of the dead tree, but Abbott Tree states that they will need a crane to properly remove the tree at a rate of $3,400 for a day. Torno states that he's talked to Abbott Tree about possibly combining with another small job in the area, but that Abbott didn't seem interested in doing that. According to Torno, the cemetery in question is a small one, only 10X10, but he can't recall if there were any veteran's markers. The dead tree is in the center of the cemetery and is easily 3x3.
Select Board Chairman Thompson asks Torno to respond to last week's requests from several Godding Road residents with regards to some attention to their road.
Discussion is had regarding Bog Road and some gravel being left at the end of the road. Torno states it is already taken care of and that A Grade Above, the Town's new road grading contractor, has finished with their first scheduled grading of the dirt roads in town as identified in their contract.
LMTS Sandy Adams speaks to Torno regarding the drainage that is ditched from Dixon Road and still running into her Carriage House doors, thus into her home. Torno says he will speak to her with regards to this.
Adams also speaks to Torno on the paving of Upper Cross Road when Torno's father had promised the residents of Shapleigh Road that they would be having some paving work done to their road. Torno answers that Shapleigh Road is on his agenda for the Spring of 2016, and that he will not be removing the corner that had been part of the previous plan thus saving over $45,000 from the original estimate and he thinks that the project will cost the Roads Budget about $130,000.
There is discussion on seeing paving crews resting on their laurels, but Torno assures her that they are paving contractor employees and that the paving company is paid by the ton, not by the hour, so if they're wasting time, it's not on his dime.
Torno exits and Selectmen's Assistant Collins continues on with discussions on assessments and abatements.
Sue Collins addresses the Board regarding Thanksgiving Baskets given to some residents of the town at holiday time, containing turkeys and other donated food goods.  Selectman Thompson has a few issues with the collections and distribution of the baskets by the Selectmen's Assistant, but Collins says that she will come in and do the work preparing the baskets on her own time. Thompson continues, worrying about "who's getting what" and pointing to the fact that there's a food pantry right up the road. (Center Road at the Congregational Church). Selectman Heath interrupts to say that he has a question on an unrelated subject, but Collins is undaunted. She continues on saying that the town has "always done it" for as long as she has been here, but Thompson counters with "because it's always been done, doesn't mean it's the right thing to do".
LMTS Sandy Adams says "Where there's a will, there's a way," and offers to come in and help Collins with the basket preparations, volunteering her time. There's some banter back and forth, with Thompson ending conversation with Adams saying "I'm not going to sit here and argue with you!" Thompson states claims by Town Office workers that they don't have enough time to get all their work done, and states "It's nice to help the community, but we have to focus on business FIRST." at which time Collins states that she is volunteering her own personal time to come into the office and put the baskets together. Thompson leaves it up to Heath and Nadeau, who say, "Do it".......but they want to revisit the issue again next year, stating that they are allowing it this year as it is too late in the season to make other plans.
***LMTS note: IF the Selectmen are also designated as the Overseers of the Poor in Lebanon, it does seem only fitting that the Selectmen's Assistant be able to give holiday baskets to some of the neediest families in town, in our humble opinion.***
LMTS Sandy Adams speaks to Sue Collins with regards to getting in touch with the original man that created the Town Office sign. Collins states that the man had been in to the office, had spoken with her, had looked at the sign, and had stated he would get back to her with a quote. She has heard nothing back since that date. Adams questions Thompson what his intentions are, and asks if LMTS can form a committee to take donations at the Town Office, similar to the way we did for the flag pole at the Blaisdell Corner Fire and EMS Station. Thompson makes a motion to allow the "Town Office Sign Committee", seconded by Selectman Heath and all 3 men in favor.
LMTS question with regards to Purchase Order for more candy for the Rec Department's Trunk or Treat event. How much is the amount of candy needed for one event?? Another Purchase Order was quickly passed through by Lemay on Rec Dept Chair Georgie Allen's behalf only last week, stating the need to act quickly to save on shipping. LMTS would like to know the total dollar amount spent on candy. Thompson says, whatever it is, that the Rec Department Budget is approved by voters each year, but Wilson wonders if they realize they're not funding sporting events, but candy for Halloween. Neither Select Chair nor Treasurer have any idea as to the amount of money that has been approved for candy, but Thompson, asks the Treasurer to get the amount, treating it as a verbal RTK request. Wilson goes on to state that the amount is important as Board members have categorically denied $35 pizza bills to feed the Firefighters after a long fire event, so spending many hundreds of dollars on candy for Trick or Treat event is a problem, in her opinion.
Thompson questions a PO for a new lawnmower for the FD, but after some information exchange, the lawnmower PO is signed.
 
SEE PART 1 of the 10/19/15 LEBANON MAINE SELECTMEN"S VIDEO BY CLICKING HERE:
 
Paperwork being done opens the 2nd part of the Selectmen's Meeting video from 10/19/15.
LMTS Sandy Adams asks the Board a resident's question regarding when the Deputy Town Clerks position will be advertised, Selectman Thompson states that it should have gone out that morning, however, no one has received it yet (we DID get it in an e mail on 10/20/15 and posted it immediately).
LMTS Wilson asks Selectman Thompson for a copy of the current cemeteries included on the Town's contract with J&S Masonry for care. It is agreed to give Wilson the information, but it is never received.
The Board get's ready to begin work on the General Government budget proposal for 2016-17.
 
LEBANON MAINE SELECTMEN'S MEETING VIDEO PART 2: CLICK HERE:
 
Part 3 of the Lebanon Maine Board of Selectmen's Video shows the Board as they begin to work out a budget proposal for the 2016-17 Fiscal Year Town Office expenses.
Select Board Chair Thompson comes up with all the numbers, but makes an addition mistake that Selectman Nadeau catches. LMTS Sandy Adams and Deborah Wilson have some good hearted banter with Nadeau on a job well done, but Selectman Heath takes the opportunity to chastise Adams for "picking" on them all the time. Sandy is stunned, to which Heath states she has a "guilty conscience".  Wilson reminds Heath to get over himself, Sandy has "better things to do".
Budget talks go along and a savings has been found in the Town's electricity bill, which has been under budget for 2 years, last year by about $900. Selectman Nadeau suggests RAISING that budget item to $4,000 for 2016-17 and when Wilson asks "WHY, if you are under budget consistently, WHY would you raise the budgeted amount?" to which Nadeau answers, "Just in case."
There is discussion on Building Maintenance, Heat (propane) which the Board bumped up even though gasoline and oil prices have been halved since last year.
There was a lot of talk about technology. The town has been putting off the purchase of some much needed new computers, including a new dedicated server. The Town Office computers are still operating on Windows 97 which does not even have the capability of being supported by most online programs. (MAYBE that's why our town website doesn't work correctly??) There is discussion of the need to place any server in a fire protected vault (like the one the town has at Lebanon Elementary School) however, Selectman Thompson has questions as to whether or not that vault is actually even fire protected.
 
SEE PART 3 of the LEBANON MAINE BOARD OF SELECTMEN'S MEETING  10/19/15 VIDEO
BY CLICKING HERE: 
 
As we watch part 4 of the 10/19/15 Board of Selectmen's meeting, more work is done on the FY 2016-17 Town Office proposed budget with regards to Janitorial Services, Office Equipment, Payroll Fees, Bank Fees and a discussion on preparing liens and the cost associated with that.
The Board now has to total the budget to come up with a total for the 2016-17 Town Office Budget. Thompson is going FAST on the calculator. Selectman Heath is using his calculator. Selectman Nadeau who ran on the fact that he had many years on the Lebanon Budget Committee is watching Thompson.......just watching........ After how many years on the Budget Committee?? Wilson asks Nadeau where his calculator is to which he replies, "I can't think of everything!".
 
WATCH THE LEBANON MAINE BOARD of SELECTMEN MEETING from 10/19/15 HERE:
 
Part 5 of the Lebanon Maine Board of Selectmen's meeting opens as Selectman Thompson checks his addition 5 separate times, and finally after waiting for a few minutes, says the total is $355,539.00.
Heath says that's "pretty much" what his "first answer came out to be", and decides to accept Selectman Thompson's numbers, even though neither Heath or Nadeau checked the totals.
 
SEE PART 5 OF THE 10/19/15 LEBANON MAINE BOARD OF SELECTMEN'S MEETING VIDEO BY CLICKING HERE: 

Lebanon Festival Committee Chairperson Rebekah Thompson addresses the Board with her projected FY 2016-17 Festival Budget in Part 6, the final part of the 10/19/15 Selectmen's Meeting.  Selectman Thompson tried to recuse himself from asking questions of his wife, but Selectman Heath says he has no questions, and Selectman Nadeau asks Thompson if she wants to "Bump up" the amount of money she needs for the Festival. Thompson states that she does NOT want to bump up the dollar amount on the 2016 May vote referendum question, as she would rather continue to rely mostly on donations and vendor fees.
Mrs. Thompson explains her budget, line by line, and then Selectman Nadeau asks Thompson, "Why are we doing this?"
Rebekah has to explain to Selectman Nadeau that it is a FESTIVAL, a place for the community to come together  in a fun way and celebrate together.
There was discussion regarding Selectman Nadeau not attending the 2015 Festival, and when Selectman Heath stated he had gone, he said, "I saw a lot of smiles on a lot of people's faces, and that's all that matters to me."
There was a long discussion on the 2015 Festival, including the Bounce House that Lebanon Rec Department rented and then didn't man it or keep it supplied with gas so the Bounce House wound up deflating without the generator power to keep it up and running.
Discussion winds around to the white elephant in the room, the 13 unsigned Jason Cole Right to Know requests still sitting unsigned on the Selectmen's desk. When you send in Right to Know Requests, you are charged 25 cents a page for printed material, plus an hourly rate for any time expended researching your request past the 1 hour of free time allowed. All 13 of Cole's requests plus the ones that were signed at last Thursday evening's meeting are directed toward Chief Daniel Meehan and/or the Lebanon Fire and EMS Department.
The issue with filling the Right to Know requests is that they are bordering on excessive and the Board has to consider the employees of the town, bogged down in researching Right to Know requests for hours at a time.
Selectman Heath asks if they are required to allow them, and Thompson says "Yes, they are public information," but cautions that they must all be gone over several times to be sure no personal or personnel information is being disclosed. Selectmen Nadeau and Heath both look a little frustrated with the situation.
The second discussion was with regards to the "something that happened on Friday" statement that Treasurer Lemay had eluded to in the first part of the 10/19/15 video. According to Selectman Thompson, Jason Cole had entered the Town Office looking for his Thursday evening approved Right to Know requests. As agreed by the Selectmen, the Town Clerk, Mandy Grenier told him that the reports were ready, but that he had to pay an outstanding balance of $1 in order to access them. According to Selectman Thompson, Cole then erupted into a tirade, becoming argumentative with the Town Clerk over the $1 (YES< ONE DOLLAR) charge for two Right to Know Request that were ordered by Lebanon Maine Community News back in May, but never picked up.
More discussion is had regarding the fact that Cole wants to access the Right to Know information by having the requests broken up into a lot of smaller requests, and then rather than coming in and purchasing the copies of material he has requested, he comes in with his cell phone and takes a photograph of the material.
The Board decides that Cole must pay any past due balances, (Selectman Thompson thinks it may easily be as high as $15 or $16 total), prior to accessing additional Right to Know requests.
Wilson wonders aloud if the videos of the Lebanon Maine Board of Selectmen's Meetings belonged to LMTS as personal property, and Selectman Thompson says "Yes", they belong to the videographer. Interesting.
The meeting is adjourned and Selectman Nadeau heads out the door while LMTS Wilson is still waiting for a report of the dollar amount for candy spent by the Lebanon Recreation Department. Thompson adds the numbers and says that it is $465.00 from July to October for candy.
Selectman Heath gets ready to leave for the evening. Wilson reminds him of the Public Hearing on Tuesday evening at 6 pm, and Selectman Heath mumbles something under his breath regarding Wilson calling him names, and he didn't appreciate it. Wilson answers that she only calls him "Royce, No Comment, Heath" and he said that he didn't like it. As Heath turns to leave, he stops in the door and says to Wilson, "Now it's legal to go to these meetings armed."
Interesting statement to end a Selectmen's Meeting with don't you think??
 
SEE THE FINAL PART (part 6) OF THE LEBANON MAINE BOARD OF SELECTMEN'S MEETING VIDEO BY CLICKING HERE:
https://www.youtube.com/watch?v=T8cx-sm0VsM

OOPSIE. Hope he wasn't packing at the meeting. Even though there's no law against carrying concealed in a Public Meeting, OURS is held in a school, and that is definitely a BIG no-no!!!

The law does not otherwise change where a person may carry or who may

possess a firearm. It will still be illegal to possess a firearm in the following

places, with some very limited exceptions:
 
· Courthouses (17-A M.R.S. § 1058)

· State Parks (12 M.R.S. § 1803(6), (7) and Bureau of Parks and Lands


Rules Chapter 1)
 
· Acadia National Park (12 M.R.S. § 756)

· Schools (20-A M.R.S. § 6552)

· Federal buildings (18 U.S.C. § 930)

· State Capitol area (25 M.R.S. § 2904 & DPS Rule Chapter 41)

· Private property when prohibited by the property owner

· Establishments licensed for on-premises consumption of liquor, if the


premises are posted. Note that even if there is no posted

prohibition, it is illegal to carry on these premises while under the

influence of intoxicating liquor or drugs. (17-A M.R.S. §1057)
 
1

Resident's Question Brings Up Concerns Regarding Referendum 11 for November 3, 2015 Lebanon Ballot.



During last evening's Town of Lebanon Public Hearing, our Code Enforcement Officer, Mike Beaulieu spoke on behalf of the need for changing some of the building codes and electrical permitting in our town.
According to Mr. Beaulieu, the town had the option of changing the code of building interior non load bearing walls to require the studs be set at 16 inches on center rather than the 24 inches on center that is currently accepted in the Lebanon Building Code.
Budget Committee member Chip Harlow was adamant that this code was NOT legal for the residents of Lebanon to even vote on, as the State of Maine mandates our town to follow the MUBEC (Maine Uniform Building and Energy Code).
Beaulieu, new to Lebanon's Code Enforcement Officer position, spoke up just as fiercely in defense of his proposed "IBC" permitting process. (which is only PART of the Maine Building Code and Standard.
This afternoon, while trying to complete the uploading of meeting video, I was messaged by Mr. Harlow, once again in regards to the ordinance that CEO Beaulieu has placed on the November 3, 2015 Lebanon Ballot.
I have to admit that I was a little put out by revisiting this in the middle of trying to upload several hours of video footage, BUT, because I've been wrong before a time or two, and because Mr. Harlow usually has a valid point if he's THAT sure of himself, I went to the Maine Bureau of Building Codes and Standards and looked up the Maine State Law that governs these things, and here is what I found.............

PLEASE LOOK ON THIS PAGE UNDER THE HEADING:
CODE ADOPTION HISTORY
 
If I'm reading this correctly, Mr. Harlow may once again prove that he has done his homework with regards to pending ordinance changes.

Here are a few points to support Chip Harlow's statements......

A.) The 2010 United States Census shows the town of Lebanon, Maine to have a counted population was 6,031 people.

B.) The State of Maine law states under the Code Adoption portion of the Bureau of Building Codes and Standards, states that As of September, 2011,  (original date was December 2010) Towns of 4,000 people or more, (2010 mandate was for towns over 2,000 people), MUST adopt MUBEC (Maine Uniform Building and Energy Code), IF they had a building code in place by August of 2008. (so in other words, if there were a Building Code in place, with necessary Code Enforcement, they would have to UPGRADE to the new code by September, 2011).

If there were NO Building code in place, a Town of over 4,000 people would be able to put off that mandatory date until July 1, 2012, giving the Town an additional 10 months time to hold elections and appoint Code Enforcement to oversee the Building Code and Permitting requirements.

Therefore, IF there were more than 4,000 people in town by July 1, 2012, which according to the US Census, there were, then Lebanon would have been required to adopt the State of Maine Building and Energy Codes, MUBEC. No Vote, No Questions, just BAM.....You had better comply or else!!

Did we have a Building Code in place prior to August 2008??  I believe we did.

Therefore, Mr. Harlow has a point. There is no need for the Residents of Lebanon to vote on any changes to a building code that is mandated by the state. We are REQUIRED BY LAW to have one.
No two ways about it.

Can we vote to amend the MUBEC to include more stringent requirements?? Can we vote to alter the MUBEC to ease up on a requirement or two??
The answer is NO.........
7. What about local modifications to the Maine Uniform Building Codes and Energy Code?



· The Maine Uniform Building Code and Energy Code replace all local building codes.
· Cities and towns may not amend any MUBEC provisions. They can however put things like requirements for a sprinkler system in new construction under Life Safety type ordinances. The municipalities just cannot amend the adopted MUBEC code.
 




Read it and weep, there is no way to get around this.
Stricter code enforcement is coming to Lebanon and buildings WILL conform to state code.

I tried to reach out to Mr. Beaulieu this evening, however he was in a class and unable to discuss the matter with me any further at this moment.

I wanted to present what Mr. Harlow was saying and what he's seeing that makes him so sure that this is a REQUIREMENT under State Law, and that Lebanon has been in violation of this law for at least the past 3 years if not 4, and Mr. Harlow is saying 5.

According to Mr. Harlow, the State of Maine Bureau of Building Codes and Standards said that they would be reaching out to Select Board Chairman Ben Thompson today (October 21, 2015) and informing him of the violation.





Maine Fall Foliage Report, October 21, 2015

Maine Fall Foliage Report
October 21, 2015

Fall Colors Still Present in Maine
 
 
Augusta, MAINE (October 21, 2015) - Peak and past-peak conditions are taking place throughout the state with moderate to high leaf drop (50 percent to 70 percent), according to the final fall foliage report from the Maine Department of Agriculture, Conservation and Forestry.
“The oak trees are just starting to reveal their oranges and golds, amid the still-vibrant reds, yellows and purples, making for a picture perfect backdrop, along with sunny skies in the tracking zones 1 and 2 covering the immediate coastline,” according to Gale Ross, fall foliage coordinator.
Take in peak colors at the Annual OgunquitFest happening this weekend, October 23-25. This weekend-long festival includes a scarecrow contest, pumpkin decorating, scavenger hunt, plenty of ghost stories, a marketplace and much more.
Or, jump aboard the Ghost Train at the Boothbay Railway Village in Boothbay. Just once a year, the ghouls and goblins come out to greet passengers as they journey through enchanted cemeteries. This is appropriate for children four and older, so bundle up the family and visit on Friday or Saturday, October 23 and 24 from 5:30 p.m. to 8 p.m.
Share your end-of-fall-foliage-season snaps with us at www.mainefoliage.com.
For more information about fall activities and events in Maine, go to www.visitmaine.com.