Selectmen's Meeting Notes, August 17, 2016

August 17 at 10:31pm ·

It was an interesting Selectmen's Meeting tonight..........
The meeting was scheduled to start at 6 pm, however, I walked into the Selectmen's Meeting Room at 5...:42 pm and the meeting was already in full conversation.

Paula Mills Busby, Dana Coull and Ben Thompson joined me, all before 6 pm, but they missed more than half of Laura Bragg's discussion.............
So here is what was happening at the Lebanon Board of Selectmen's Meeting tonight..........
Laura Bragg has offered to collect donated school supplies this year......... Selectman Chrstine Torno said, "Sure!!".......so there will be boxes for donated school supplies at the Town Office this year, but it will be Laura Bragg as the contact person for pick up and distribution of the donations.
Ms. Bragg also has offered to do all the Turkey Baskets this year.....traditionally done by the Town Office staff, Ms. Bragg asked if she could collect the donations and do the Turkey Baskets this year......Once again, Selectman Torno said "Sure!!"..... allowing Ms. Bragg to take control of the town's Turkey Baskets for Thanksgiving, leaving donation boxes in the Town Office, and then retrieving them and putting together the baskets. How will they be distributed? That was not discussed. But apparently it won't be a privacy issue for someone other than Town Office personnel to know who is getting them.
There was no vote by the Board of Selectmen to allow Ms. Bragg to take over the donations and distribution of the Town's Turkey Baskets, however Selectman Torno made the decision that it was okay.
Ms. Wilson asked if it were the Little League, Girl Scouts, or some other group that would be taking over the Turkey Basket donations, and was told, No.
Ms Wilson asked who would be seeing to the Turkey Basket donations, typically overseen by the Secretary to the Overseers of the Poor and the General Assistance personnel at the Town Office, and Ms. Bragg stated it would be her and a number of her friends.
Ms. Bragg then asked about Prospect Hill Cemetery. She stated that she had seen questions about it on Social Media, and that she remembers that the Budget Committee had raised the money to see to it that Prospect Hill Cemetery would come back under Lebanon direction, so she wanted to know how that was coming along.
Selectman Heath, asked Ms. Bragg, "The Budget Committee raised the money?"
To which Ms. Bragg answered affirmatively, but then stated that she had misspoke but that the Budget Committee had worked hard in helping to work on those Budget numbers.
Selectman Torno said that she did not understand what the issue was with the Prospect Hill Cemetery, and Selectman Nadeau tried to explain the situation quickly, but was incorrect in his explanation.
Ms. Wilson spoke to Selectman Torno stating that the money had been sent to the Town of Milton for the first part of Lebanon's half of legal expenses, but that the TOWN had raised and appropriated the money to continue on with the legal issues plaguing the cemetery, in order for the final acceptance of responsibility by the Town of Lebanon in caring for the cemetery located within our town's borders.
Ms. Bragg then stated she had seen on Social Media that the Selectmen had fired Bernstein Shur as the Town's Attorney..... This was stated by The Lebanon Voice after that rag's editor had attended a Milton Selectmen's Meeting. Selectman Torno stated that SHE had not fired Bernstein Shur, and that she had seen the Social Media report but that it was not the truth.
The meeting continued with Ms. Bragg stating she thought that the Board needed to hire a live body to answer telephone calls at the Town Office. She related her aggravation in trying to call to speak to someone and getting the voice mail time after time, and never getting a call back. Selectman Torno stated that she agreed that there needed to be someone to answer the phones and that they were working on that issue.
Paula Busby asked to be heard on that issue, asking Selectman Torno if anything had been done with regards to the message links on the Town Website.
2 weeks ago, Busby and Wilson had brought the issue to the Selectmen's attention that messages being sent to the Board or Town Office via the Town Website were going unseen and unanswered.
At the time, Selectmen's Assistant Sue Collins admitted that she had known about the situation, but that she had no idea where messages or e mails sent to through the Town Website were ending up, but that she had not contacted anyone to find out the answers. Selectman Torno had stated that they would look into it.
During tonight's meeting, when Ms. Busby asked about the messages and for an update on whether anyone had called Virtual Town Hall to find out how to retrieve resident messages, Selectman Torno stated she thought Ms. Collins had called Virtual Town Hall, but she wasn't sure.
Ms. Bragg then questioned the Select Board regarding the MSAD#60 vote, and the changing of the date of the Lebanon Town Vote in order to coincide. She stated that having 2 separate dates for mailing in of absentee ballots was confusing and that many had mailed them in too early, and the absentee ballots were thrown out if they arrived before the valid date.
Selectman Heath asked who the Town Representatives were to the School Board, and Ms. Bragg stated that Nancy Neubert and Ms. Potter were the Lebanon Reps to the School Board, and that there was a third, but she was unsure of who the third one was. None of the Selectmen knew either.
Selectman Heath stated that he thought that Ms. Bragg ought to make the School Board Reps aware of this concern, and that he thought the Board, and the Town, had done more than enough to help coincide the Town Vote with the School Budget Vote, and that maybe the School Board ought to be willing to bend a bit and tweak their rules too.
Selectman Torno stated that perhaps the Lebanon Reps were not aware that the problem had existed, but agreed with Heath that the School Board Reps ought to be contacted on this concern.
Ms. Bragg's next question for the Board was regarding the old Lebanon Forestry truck. She wanted to know if the Lebanon Fire and EMS would be putting that vehicle up for sale.
Selectman Heath answered that selling the truck was in the works.
Resident Deborah Wilson stated that she had just seen conversation on Social Media that Chief Meehan was working on that and that the sale would be announced shortly.
Selectman Torno stated that the Chief had said he was going to list the truck for sale in the Smart Shopper, on the Town Website, and in one other publication, but could not remember what that publication was.
Ms. Bragg concluded her questions to the Board.
The Board were making preparations to close the meeting.
Deborah Wilson asked if there would be time allotted for "Other Business" and Selectman Torno stated that there was no other business on the agenda.
Ms. Bragg instructed Selectman Torno that at the end of each Selectmen's meeting there is always time set aside for "Other Business" or Public Participation or concerns.
Selectman Torno decided to allow for the Other Business. It was noted by all in attendance that although Ms. Bragg's part in the meeting were finished, she remained at the Board Table. We wondered why she was allowed to stay as Selectman Nadeau has often been sure to ask people to leave the table when their part in the meeting was complete.
Ms. Wilson asked what time the evening Selectmen's meeting had begun. Selectman Torno stated that the meeting had started 2 or 3 minutes before 6 pm. Ms. Wilson stated that she had arrived about about a quarter before 6 and the meeting was already well in session. Selectman Torno stated that was her fault, that she had started the meeting early.
Wilson stated that there was so much confusion in the meeting times lately, and that this particular meeting had been changed several times over the last few days.
Again Torno stated that it had been her decision to start the meeting early.
Ms. Wilson stated that she had seen two openings in Town Office advertised. One for Town Clerk, and the other for Deputy Collector (Part Time). Ms. Wilson wondered if there were another employee leaving Town Office. Selectman Torno stated that the Part Time employee Kathleen was consistently working 30 hour weeks, and that she felt that another part time person was needed so that the hours could be divided between two people.
Ben Thompson spoke regarding numbers of employees and the need for the Town Selectmen to remember that it is numbers of employees that are counted when determining if the Town would have to cover employees through the Affordable Care Act. Thompson stated that when he had left office in May, the Town had been on the border of having to pay for health insurance through the Affordable Care Act. Since he had left office, the Selectmen had hired three new hires at the Transfer Station and there was now two in the Treasurer's Office, new hires at the Fire and EMS station and now they were talking about hiring another person in Town Office.
Thompson cautioned the Board they may already be over the number of employees that would require participation in the Affordable Care Act.
Thompson stated that with the Transfer Station now closed on Mondays to save the town money, he wondered why there were three new hires at the Transfer Station.
Selectman Nadeau stated that they were working the same amount of man hours, but that they were spreading the hours around to more people.
Thompson stated that the hours worked had nothing to do with participation requirements of the Affordable Care Act, and that it had to do with the numbers of employees. He added that when he left office, the town was already over the number of employees that demanded compliance with the FMLA (Family Leave), so that they were required to give former Town Clerk Mandy Grenier maternity leave.
Selectman Nadeau once again stated that the new hires at the Transfer Station were all together working the same amount of hours, but Thompson reminded him once again that the Affordable Care Act (ObamaCare) and the FMLA were based on the number of employees, and not on the number of hours being worked.
Selectman Torno stated she would look into it.
Ms. Wilson asked the Board to explain how it came to pass that the original figure of $7,000 for a forestry truck for the Lebanon Fire and EMS Department had ballooned to $29,000.00. Ms. Wilson stated that she had seen the new truck and that she was pleased with what the Department had managed to do with $29,000.00, but she wanted to know why the original $7,000.00 had not been wire transferred to the auction house to purchase the original vehicle from Natick, MA.
Selectman Torno stated that the Chief was happy with his new forestry truck.
Once again Wilson stated that she had seen the truck, and that it was a GREAT tuck, but she wondered how the Board had decided not to send a $7,000.00 wire transfer to the auction house for the Natick truck.
Selectman Torno stated that she would take responsibility for that decision as she was not comfortable with the wire transfer.
Wilson asked if this had been her decision, of if it had been a Board decision. She asked if there had been a vote of the Board of Selectmen not to wire transfer the money to the auction house, and, instead, to authorize $29,000.00 from the CIP account for the Scarborough truck.
Again, Torno stated that she had not been comfortable with the wire transfer.
Ms. Wilson asked her why.
Selectman Torno stated that she was worried that somewhere along the way, the account numbers might have been hacked and put the Town's finances in jeopardy.
Ms. Wilson asked the Selectman if she knew anything about wire transfers, and she stated she did not.
Ms. Wilson asked her if she had taken the time to research what a wire transfer actually was, and any risks associated with them, or if she had bothered to call the bank with her concerns.
Selectman Torno stated she worked full time and did not have the time to research wire transfers before making her decision.
Ms. Wilson asked Selectman Heath if he had voted not to send the wire transfer.
Selectman Heath stated he could not recall how he had voted.
Ms. Wilson asked the Senior Selectman if he even knew what a wire transfer was......... to which he answered that he did not know.
Ms. Wilson outlined what happens during a wire transfer.
Selectman Heath stated that he wished he had that information prior to being asked to send a wire transfer, he might have thought more about it.
Ms. Wilson told him that any questions he had, SHOULD have been answered by a competent Town Treasurer, and right now, the Town of Lebanon has TWO people working in our Treasurer's Office, and if competent, one of them should have known about wire transfers and how easy and safe they were.
Selectman Torno said, "We're not going to go there about the Town Treasurer".....
Ms. Wilson continued to address Selectman Heath, stating it had taken her only several minutes to call the Better Business Bureau in Nevada regarding the reputation of the auction house, which was excellent, and to speak to her own bank to find out the safety and security of wire transfers. She asked Selectman Heath if he had bothered to make a phone call, or whether they had asked the Town Treasurer to make a few phone calls to that regard.
He admitted he had not.
Again, Selectman Torno stated that she worked full time and didn't have the time to make those calls.
Ms. Wilson stated that she had read the Terms of Sale on the auction house website and that the Board had 5 days to make that decision, asking if in 5 days one of the Selectmen or one of the two Treasurers couldn't have managed to make a 10 minute telephone call.
Selectman Torno said it was too little time to make the calls and make the decision.
Ms. Wilson addressed Selectman Torno, stating that this was not her decision alone, nor her responsibility.
Ms. Wilson asked the Selectman why every answer she made was "I" or "ME" when she was part of a 3 member board.
Selectman Torno stated it was a habit.
Once again, Wilson asked if there had been a vote not to wire transfer the money, or if Selectman Torno had made the decision herself.
Ms. Wilson asked Selectman Nadeau if he had voted not to wire transfer the money and got no answer.
And then it happened. The Lie.
Selectman Heath spoke up and said that he now recalled that he had voted not to send the wire transfer.
Ms. Wilson stated that she knew there had been no vote.
Several times during the conversation, Selectman Torno reminded the onlookers that the Chief was happy with his purchase, and several times the public in attendance agreed that the new truck was amazing, and that we were all happy Chief had been able to purchase it. However the agreed upon issue from the public sector was not the nice truck the department was able to purchase, but the competency of the two people who were acting as fiduciaries of Town finances, and their inability to exact such an easy transaction comfortably. This seemed to be lost on the Board, as they continued to speak highly of the new forestry truck.
Wilson asked if any of them had seen the truck yet, and they admitted that they had not.
Wilson told them the truck was pretty amazing, and that they should stop and have a look.
Deborah Wilson told the Board that if they were stuck on an answer, or did not know enough about an issue or procedure to make a competent decision, that they could contact her. Free of charge, she would do the research necessary and provide them with details, sources, phone numbers and names, so that they would have the ability to contact the same people to double check Wison's information.
Selectman Heath and Selectman Torno thanked Ms. Wilson, stating that might be helpful in the future.
Lebanon taxpayer Dana Coull, asked Selectman Torno if she planned on researching wire transfers at any time in the future, so that should the opportunity represent itself in the future, when everyday town business called for the use of a wire transfer, she would be more prepared to make a better decision, and Selectman Torno answered that she would look into it.
Resident Paula Busby stated that millions of dollars a day were transferred by businesses in this country by wire. She stated that she was bothered most by the fact that we had two people in the Treasurer's office who did not know the ease or safety of a simple wire transfer.
Once again, Selectman Torno stated that this was her decision and not that of either of the two Treasurers, and that she felt she had not had adequate time to research wire transfers or the auction company so she had not felt comfortable with authorizing the wire transfer.
Ms. Wilson asked the Board if they had any applicants for Town Clerk at this time. Selectman Heath stated that they had several applications.
There were no other orders of business.
The meeting was adjourned at 6:27 pm.
Selectman Torno stated that she would be staying at the Town Office for a while as she had some reading to do.
Selectman Nadeau and Selectman Heath both left the building at 6:35 pm, locking the door behind them.
Wilson asked Selectman Heath why he was locking the door, leaving a resident and a Selectman locked in Town Office.
He stated that he had been instructed to do so.
Selectman Torno and Laura Bragg remained in the Selectmen's meeting room, with the Town Office doors locked, until 7:40 pm when they emerged together, leaving for the evening.
Wilson, Busby, Coull and Thompson were witnesses to the time.

Lebanon Maine Board of Selectmen's Meeting Notes, August 22, 2016

Selecmen's Meeting Notes, Monday, 8/22/16
It is noted that these notes are of a private resident attending the Lebanon Maine Board of Selectmen's Meeting. These are not the official minutes of the Board of Selectmen, nor does this resident represent any town board or committee in the taking of these notes.
The meeting was scheduled to begin at 3 pm.
In attendance, Selectmen Heath, Torno and Nadeau.
Selectmen's Assistant Sue Collins.
Residents Ben Thompson and Deborah Wilson and Taxpayer Dana Coull.
LMTS was a few minutes late, arriving at 3:09 pm.
Selectmen's Assistant Sue Collins was in a discussion with the Board of Selectmen regarding questions on the bridge replacement of the bridge on New Bridge Road between Milton, NH and Lebanon ME.
There was discussion regarding financial needs for Lebanon's portion of the bridge replacement, with Selectman Heath promoting placing the dollar amount on the ballot in small amounts, Selectman Nadeau discussing borrowing the money to pay Lebanon's portion, and Sue Collins stating that in order to have the bridge work placed on the schedule for 2019 (with no promises) the dollar amount would have to be guaranteed to the State by the Town.
At 3:10 pm, the Board stated they were entering into Executive Session, citing "Confidential Records" as the reason for the session. Everyone was asked to leave the office. Former Selectman Thompson said that he would prefer to wait to leave until a motion was made to enter the session. Motion was made by Selectman Torno and seconded by Selectman Nadeau with all in favor. Ms. Collins remained in the office with the Board during this session.
The Board came out of Executive Session at 3:38 pm and when asked if any decisions had been reached, stated that the only decision reached by the Board during Executive was that Ms. Collins was going to write a letter asking for more information regarding the issue.
Town Office Employee Dale Fisk entered the meeting to discuss permitting for electric and telephone poles.
Selectmen Heath and Torno both stated that they did not want to sign the pole permits until the application was signed off by Road Commissioner Tom Torno to be sure that the pole placement was in agreement with him.
Heath stated that there were problems with poles being too close to the roadway and being hit by snowplows, on Chick Road and Shapliegh Road and a few other places in town, and they wanted to be sure that Road Commissioner Torno approved the placement and initialed the application before their final approval.
Ms. Fisk stated that she will be applying for the opening as Town Clerk.
Selectman Torno instructed her to give the application to Selectmen's Assistant Collins.
Selectman Heath asked if the resumes were in sealed envelopes.
Collins stated that they were not sealed, but that they were in her possession and she was the only one that sees them.
Selectman Nadeau asked why that would be a big deal, as the selection process was not a bid, and he felt that the resumes did not need to be sealed.
There was discussion that the last day for applications for the 2 open positions at the Town Office (Town Clerk and Deputy Collector) would be this coming Friday, August 26, 2016.
At that time, Ms. Fisk stated that she would like to see a third computer station be added to the front counter of the Town Office, adding that it was in the interest of Customer Service and that there were often times long waits for residents coming in to do town business.
Taxpayer Dana Coull confirmed Ms. Fisk's discussion, stating that he had come into the Town Office and needed to speak to an employee not on the front desk, and had to wait for many other residents paying taxes or registering vehicles in order to ask to speak with someone. He suggested perhaps a number system where residents could come in and take numbers for BMV, tax payments, or to speak with town employees.
Selectman Torno said that residents should not have to wait in order to just come in and speak with someone.
Ben Thompson took the floor at 3:45 pm as scheduled, to discuss his status with assessing the town's waterfront properties.
Thompson is hoping to have all assessments completed by Friday, 8/26/16.
Thompson shared his Excel Spreadsheets with the Selectmen, which were very detailed in offering changes in land values and building values, measurements and price per square foot. He stated that many building values went down, while the land values had gone up.
There were questions regarding the method used by assessment and Thompson took the time to explain to the Board how he had figured the final assessments on properties using State Guidelines and that his formula was proprietary in nature, and that he would offer the formula for sale to the town, but that they were not going to be handed over for free. Thompson also asked that if the Excel spreadsheets (which are now public record) were shared with the public, that they clearly be marked as "PRELIMINARY" as his final assessments were not yet complete and there were several properties listed which still required another visit. Selectmen agreed that any documents shared at this time would be marked "PRELIMINARY".
There was discussion regarding last year's assessment of mobile homes and that this year's assessment process was for waterfront properties.
Selectmen's Assistant Sue Collins asked if she could begin to input the information Thompson was providing into the TRIO system, and Thompson stated that it was entirely a Board decision. Collins asked the Board for a motion allowing her to begin inputting, and Selectman Torno made that motion, with Selectman Nadeau seconding the motion.
Discussion was held that Mr. Thompson was already over his allotted 20 hours on assessing duties this week, he stated that he could stop and wait for next week, but that he felt that doing so would make tax bills late. Selectman Torno stated that she would rather see the tax bills come out on time, and motioned to allow Thompson to work over the allotted 20 hours in order to complete the waterfront assessment, stating that the town had grown too big and had not had adequate reassessing in far too long. The motion was seconded by Selectman Heath. All in favor.
More discussion was held on the pros and cons of assessing commercial properties in town, assessing barns and outbuildings, and factoring in depreciation on buildings and outbuildings. Additional discussion was held on the need to visit the medical marijuana growing facility on Upper Guinea Road, and how the Board wanted that building to be assessed, with Thompson suggesting that the building, due to its business nature, be evaluated as a "Rental Property" the same as any apartment building or storage unit facility. According to Thompson, it doesn't matter what they are renting the space for, only that they will be renting space within the building.
Thompson asked to be placed on the agenda for Monday, August 29, to give his completed assessment report. Selectmen's Assistant Collins scheduled him for 5 pm.
Discussion was held, led by Selectman Torno, regarding having Mr. Thompson available for taxpayer questions, one or two days a week for 4 hour periods.
Thompson stated that Selectmen's Assistant Collins should be able to deal with those questions, or if he was needed, she should be able to utilize text or e mail to obtain the answers.
Torno stated that she thought it would be more important for Thompson to be available for discussion and explanations for a few weeks after tax bills went out to the public but at this time no motion or vote would be needed as it was only a thought.
There was discussion between Thompson and Collins regarding the past assessment of mobile homes, and that residents had not exhibited a lot of anger once she had taken the time to explain to them how the new assessments were calculated.
Selectman Heath had discussion on how mobile homes on the waterfront were assessed, and Thompson stated that the mobile home units were reassessed last year, and while the trailer itself would maintain the same assessment, the land on the waterfront is being reassessed this year. Some will change, some will not. But there aren't many mobile homes on the waterfront at this time.
At this time, the Board took a few minutes to read over the past meeting minutes (X6) being presented for publication by Assistant Collins. There was no discussion on any needed changes. All minutes were accepted as presented.
Resident Deborah Wilson asked if she could view the meeting minutes in which the vote was taken to deny the $7,000.00 wire transfer to the auction house that was originally to purchase a used forestry truck for the Lebanon Fire and EMS Department.
Selectman Torno stated that there were no such minutes and that a formal vote was never taken. According to Torno, Debbie Rix had stated that the wire transfer was not a good idea, and while there had been discussion to not proceed, no formal vote was ever taken to deny the wire transfer for the purchase.
Wilson asked that her question, along with Selectman Torno's answer, be included in the evening's meeting minutes.
Selectman Torno opened the meeting for "Other Business".
Resident Deborah Wilson asked the Chair if she recalled conversation at last Thursday's (8/18/16) Department Head meeting at the Lebanon Fire Dept Station 1, regarding CEO Mike Beaulieu's suggestion that the town take a look at the need for permitting Daycare facilities in the town due to lack of regulations of (provider vs child) or (space vs child) requirements. Torno stated that she did recall the conversation. Wilson told the Board that she had been contacted by a resident when she reported that the conversation had taken place. The resident had called the CEO, offering to help with suggestions and ideas on the need for permitting, and on specific concerns by the CEO. The resident claimed that CEO Beaulieu had told her the conversation had never taken place and that he had no concerns. Selectman Torno asked if this was a complaint against Beaulieu, who was not present, and Wilson stated that it was not a complaint, but that she only wanted it recorded in the Selectmen's meeting minutes that Torno had recalled the conversation.
Wilson then related to the Board that she had personally stepped outside of her "box" to attend the Medical Marijuana Festival, held at Wind Shadow Farm on Center Road by resident Terry Porier. Wilson stated that although she had been nervous about attending due to public perception of the event, she had gone, enjoyed herself, and found the festival to be very professionally run and overseen. Wilson added that she felt that festival goers were well policed and that those who were there that did not have a medical marijuana card were respected in their choices, that the mood was respectful and orderly to all on the property.
Selectman Torno thanked Wilson for her report, stating that she could personally hear the music from her own property, but that she had no complaints.
Wilson stated that the music was actually very good, and that it was an outdoor festival, so just by that general nature, music would be heard, but that she found the festival to not be as feared by many residents but instead, educational, informative and respectful in nature.
Selectmen's Assistant Sue Collins made a comment during the meeting, asking Wilson a question on a personal issue that Wilson had thought was long ago put to rest. A discussion began, but was stopped by Selectman Torno. The Board Chair stated that she did not want to continue this discussion in public, but that she would schedule a Executive Session regarding this issue. Wilson argued that the questions were asked in a public Selectmen's meeting thus opening the door by the employee for public discussion, and that there was no discussion from the Board with the employee regarding the need for Executive Session. Maine State Law states that it is the employees option to proceed in public or to move to Executive Session, yet the employee (Collins) was not given that option. Selectman Torno insisted the issue be discussed in Executive Session and Assistant Collins scheduled that session for 2:30 pm on Monday, August 29, 2016. Wilson was not given a choice of date or time. Wilson stated that she would be filing a formal complaint on this issue and that she wanted to be sure that Collins' statements were included in the official meeting minutes for the evening. Selectman Torno noted Wilson's request.
Select Chair Christine Torno motioned to adjourn the meeting at 4:45 pm, which was seconded by Selectman Heath.

Lebanon Maine Board of Selectmen's Meeting Notes. Monday August 29, 2016

Published by Deborah Dorey Wilson · 10 hrs ·

Selectmen's Meeting Notes....
Monday, August 29, 2016
These are the notes of one Lebanon resident sitting in observance of the Lebanon Maine Board of Selectmen's meetings.
LMTS does not represent the Lebanon Board of Selectmen or any Board or Committee within the Town of Lebanon.
Meeting was opened at 2:30 pm.
In attendance, Chair Christine Torno, Selectmen Royce Heath, Selectman Paul Nadeau.
Selectmen's Assistant: Sue Collins
Residents: Mary Lane, Deborah Wilson, Teresa Brooks.
Taxpayer: Dana Coull.
Guest: Norman Turgeon (sp?) resident of Milton, NH.
The Board entered into Executive Session with Deborah Dorey Wilson and Selectmen's Assistant Sue Collins at 2:30 pm.
Exited at 2:45 pm
No action taken at this time.
The Board entered into Executive Session at 2:47 pm regarding Poverty Property Abatements.
Exited at 2:55 pm.
No decisions made at this time.
Electric pole permit applications presented by Selectmen's Assistant Sue Collins for 2 poles to be placed on Lower Cross Road. Permits have been submitted and reviewed by Road Commissioner Tom Torno. Permit applications have been signed off by the Road Commissioner.
Selectman Heath notes that the permit application is addressed to a person who served quite a while ago as Town Clerk.
Selectman Torno states that this does not matter.
Selectman Heath asks Assistant Sue Collins to update CMP that the person the letter is addressed to is no longer an employee of the Town of Lebanon.
All 3 Selectmen satisfied and permit applications were signed.
Ms. Collins states that she has been in discussions with Vitrual Town Hall, (the company that provides the Town of Lebanon website). Collins states that former Town Clerk Mandy Grenier and former Selectman Ben Thompson have now been removed as site administrators, and that Collins and Dale Fisk have been added in their place.
Selectman Heath questioned his position as Website Administrator.
Collins states that Mr. Heath is not included as Website Administrator.
Heath states that he was set up as an Administrator to the Town Website, but Collins states that he is not. Collins states she can ask to have Heath added.
Selectman Heath to be added as Town Website Administrator.
Selectman Heath questions how many hours Debbie Rix is still coming into the Town Office to work with Treasurer Jordan Miles.
Selectman Torno says that she and Rix agreed on once a month.
Selectman Heath states that Rix is on the payroll and being paid for hours last week and yet is in the office again today.
Selectman Torno says that she will find out and let Selectman Heath know.
Discussion is held between the Selectmen that there is a broken pole on the fence in front of the Town Office that needs to be fixed.
Selectman Nadeau wants the fence fixed, noting that the entire fence is old and rotted and should be replaced.
Selectman Torno states that she will call "Stoney" to find out how much it would cost to have the fence repaired.
Selectman Heath thinks that the job ought to be put out to bid.
Selectman Torno thinks that it would be too much money to advertise such a small job out for bid to the newspapers, but after some discussion, agrees to put the job for bid on the Town Website and by hanging a notice on the Town Office front doors. No paid advertisements will be placed for this bid.
Motion is made by Chairman Christine Torno to put the replacement of the Town Office fence out to bid on the Town of Lebanon website and on bid notices on the Town Office door, seconded by Selectman Heath.
Deborah Dorey Wilson asks if she can share the bid on LMTS when it comes out on the Town of Lebanon website.
Selectman Torno says that it is public information and can be shared.
3:00 pm. PUBLIC HEARING on adoption of General Assistance Appendices.
Public Hearing opened by Selectman Torno at 3 pm.
General Assistance Administrator Sue Collins presents the new GA paperwork to the Board with Mary Lane and Deborah Dorey Wilson asking for copies. Copies were provided.
According to Collins almost all of the qualifications have remained the same as last year, although the overall maximums have changed.
The Board opened the discussion for Public Participation.
LMTS Wilson asked the Board who was privy to the names of General Assistance recipients within the Town of Lebanon.
Selectman Torno stated that only the Board of Selectmen and the Selectmen's Assistant, Sue Collins, were made aware of the names of GA recipients.
Wilson asked the Board about the upcoming Turkey Basket donation collection. Since the Board had told resident Laura Bragg that she could see to the Turkey Baskets this year, instead of GA Administrator Sue Collins, Wilson wondered how that would work, since Ms. Bragg should not be given names of people who are calling the Town Office requesting assistance.
Selectman Torno stated that people call the Town Office and request a Turkey Basket, and then come and pick them up, not as part of General Assistance, but as something the Town has always done for their residents.
Wilson asked if that list of people requesting help would be available to any resident, and Torno stated it would not.
Wilson argued that the a year ago, the Board of Selectmen had voted not to mix the town and private donations together, and that she herself, in trying to provide the Town Office with a new sign, had to be appointed by the Board of Selectmen as a "Committee" in order to take donations for the new Town Office sign, and that even as a required town committee, she was not allowed to post fliers at the Town Office regarding her need for donations.
Wilson wondered how it would work for a private resident to be allowed to take donations at the Town Office, for something the Town had always done, so residents expected that their information would be private and confidential, and yet, this information was going to be given to Ms. Bragg and unnamed friends for delivery of the Turkey Baskets.
Wilson stated that she, and others, had spoken up when this was brought up last year, and that she believes that the GA Administrator, Sue Collins should continue to handle the Turkey Baskets for the Town of Lebanon, and that she should be paid for her time in putting the baskets together. If they are a gift from the Town, provided through donations at Town Office, the information should be kept within the Town Office, and not shared with people outside of the Town's employment.
Wilson asked Selectmen Heath and Nadeau if they recalled the vote that they had taken last year on this issue, and both stated that they did remember.
Selectman Torno stated that she would look into it.
Selectman Torno asked if there were any other questions with regards to General Assistance.
There were none.
Selectman Heath motioned to adopt the General Assistance Appendices as presented by Ms. Collins.
Seconded by Selectman Torno.
Selectman Torno closed the PUBLIC HEARING at 3:18 pm.
Resident Mary Lane asked the Board of Selectmen when the missing 7 weeks of Board of Selectmen's minutes would be posted to the Town Website.
LMTS Wilson stated that the minutes were not on the Town Website, and that she had checked only moments prior to leaving for the Selectmen's Meeting that evening.
Assistant Sue Collins stated that she had posted the missing minutes to the meetings on Friday, August 26, 2016.
Resident Mary Lane questioned the Board of Selectmen on the Town of Lebanon Ethics Policy.
Lane wanted to know the status of the policy since it was voted into place earlier in the year. Had everyone seen it?? Had everyone signed it??
Selectman Nadeau stated "We don't do nothing wrong"
Lane answered that it wasn't about doing anything wrong now, but protecting the Town in the future. Again she questioned if all Town Employees had signed the Ethics Policy.
Selectman Nadeau stated "We put them out there."
Again Lane questioned if everyone had signed them. Nadeau stated that the Ethics Policy was only signed by Employees, not by Board or Committee members.
Lane asked if all employees had signed the Town of Lebanon Ethics Policy. Everyone who got paid?
Selectman Nadeau again stated "We put them out there. They signed."
Lane moved on to a discussion about the work being done by various agencies on Northeast Pond with the Naiad, (invasive plant species which has been identified in Northeast Pond and Salmon Falls River).
Present for this portion of the meeting was Norman Turgeon (sp?)
Lane wondered why a No-Spray ordinance within the Town of Lebanon would effect the chemical offered by State of Maine biologists from being utilized to combat the Naiad in Northeast Pond.
Lane stated that she felt something needed to be done to combat the invasive plant, stating that the Naiad itself would kill fish populations.
Selectman Heath asked if the State Biologists would be willing to put in writing that there would be no harm done to fish, or to people, several years down the line if the herbicide was used.
Mr. Turgeon stated that there were never any guarantees, but that it was his understanding that the chemical would not kill fish.
LMTS Wilson recalled to the Board that when she spoke to State Biologists, they had admitted that fish would be killed by the chemical, but only fish who came into direct contact with the chemical, and that once it was diluted in the water, it would be of no further danger to fish. Wilson also stated that Biologists had stated that there would be no danger to mammals or birds eating the dead fish as the chemical passed through the mouth of the fish and out of the gills, however was not stored in the fatty body tissues of the effected fish.
Discussion was quiet for a few moments.
Ms. Lane stated that she and her husband had some discussions with LMTS Wilson at their home and that the three together had some conversations after Wilson had called and spoken to State Biologists and to a Rep from one of the companies that creates Diquat dibromide. She believes that the discussions helped to educate them all.
Mary said that she felt something had to be done, and added that she spoke to many property owners who seemed to know nothing about the Naiad, and that she had spoken to two men with the Conservation Commission, and with State Rep. Karen Gerrish at the Lebanon Festival and she was upset that none of them seemed to be aware of the problem.
Ms. Lane also stated that she had spoken to a woman with the Conservation Commission who was aware and provided her e mail address, however, to date, Mary has not received any answers to her e mailed questions.
Selectman Torno told Ms. Lane and Mr. Turgeon that the Board was expecting someone from the State to be in to speak with Selectmen on September 12th regarding the Naiad.
Mr. Turgeon, a resident of Milton, NH stated that Lebanon may need to challenge the wording of the No-Spray ordinance as the Diquat is not actually sprayed, it is poured into the water. He told that there are currently people in the waters of Northeast Pond who are using a vacuum system to suck up the Naiad, and that many volunteers had been recruited to pick up the resulting plant debris from the shoreline. He mentioned that while most of the volunteers were from Milton, there were some from Lebanon as well.
According to Mr. Turgeon, New Hampshire seems to be okay with the use of the herbicide Diquat dibromide in Northeast Pond, however, the State of Maine seems okay with the chemical, but seems very reluctant to grant a permit for its use.
In order to get the permit for use of the herbicide, the towns of Berwick and Somersworth had to be consulted as Northeast Pond is used as a reservoir to those two towns. Turgeon stated that Maine's DEP had agreed that Diquat did not impose a risk to drinking water, and Turgeon states that both Berwick and Somersworth were okay with its use, however, when DEP discovered Lebanon's No-Spray Ordinance, they had stopped the permitting process.
Turgeon states that the area of Naiad in Northeast Pond has grown to over 41 acres. He added that the State of Maine is paying for the vacuum removal of the plants this year, but that they won't pay for that won't always be paid for by the State.
Selectman Torno asked what the plans were for next year?
Turgeon stated he did not know, but that the use of herbicide may be the best way to continue.
LMTS Wilson stated that if the group wanted the Board to bypass the No-Spray Ordinance, which is passed by the Lebanon voters each year, the only way to do that was to ask the voters for permission to use the Diquat dibromide in Northeast Pond as a specific ballot question.
Mary Lane and Norman Turgeon agreed there was not time to wait for a May vote on the subject.
Wilson stated that there was no need to wait for May when there was an election coming up in November and that if they worked quickly, there was still plenty of time to place a Citizen's Petition on the November ballot.
Selectman Torno stated that the question would have to wait for the May ballot, but Wilson argued stating that any resident who presented a Citizen's Petition, signed by 214 certified Lebanon voter signatures could have the question placed on the November ballot.
Selectman Torno stated that it would cost the Town big bucks to print a ballot for the November election, and that since it was a Presidential election, they would be in need of more ballots due to the amount of people expected at the polling booths.
Wilson stated that this did not matter. If everyone were worried about timing of skirting around the Town's No-Spray Ordinance, the only way to allow the chemical would be for the placing of a Citizen's Petition on the November ballot. Wilson asked Selectman Torno if she was advising Ms. Lane that she did not have the right to use a Citizen's Petition, and Torno stated she was not, and that residents have that right.
Wilson stated she thought the deadline for turning in the petition would be somewhere around the 18th of September, and Selectman Torno corrected Wilson stating that the deadline would be 45 days prior to the election, or September 26th, but that it would have to be turned in before then so the signatures could be certified.
Wilson stated that if the 26th was the date, that the petition could be turned in any time up to, and including, that date.
Mr. Turgeon stated that he thought the easiest way to get around the No-Spray Ordinance would be to have the Town of Lebanon Attorney's take a look at the wording of the ordinance and see if they thought that the wording of that ordinance could be challenged due to the difference between the word "SPRAYING" and the actual act of "POURING" the chemical into the waters of Northeast Pond.
Selectman Heath asked if there would be any guarantees that the people of Berwick and Somersworth wouldn't get sick 20 years down the road and sue the Town of Lebanon for going against their own ordinance and allowing for the use of chemical herbicide in waters that were used as reservoirs. Heath, Nadeau and Wilson had discussion about Erin Brokovitch, 3 Mile Island, DDT, etc.... and how people believed for many years that chemicals were safe to humans, until they found out that they were not.
Mr. Turgeon stated that there would be no guarantees.
Selectman Heath stated that he remembered the previous discussions regarding Naiad, specifically recalling that the plant can not get enough light to grow in deeper water, (No one could remember the exact depth, but all seemed to recall water depths of 7-8 feet would prevent the Naiad from growing). Heath asked if low water tables this year could have resulted in a larger growth of the plant, that might not happen in years to come when the water levels were higher.
No one knew that answer.
Discussion was tabled for a later date as people are scheduled to speak on Naiad on September 12th Board of Selectmen's meeting and as the Board's next appointment had arrived.
4:00 PM Selectman Torno motioned to enter into Executive Session citing Confidential Records. Seconded by Selectman Heath.
Board exited Executive Session at 4:28 pm.
Selectman Torno advised the following decisions had been made during Executive Session.
1. Selectman Torno motioned that the parties involved would pay 3 years back taxes on today's date, 8/29/16, and that then they would pay 2016 taxes when due in October 2016, and April 2017. A new tax bill will have to be generated for the upcoming year.
Seconded by Selectman Heath, All in favor.
2. Selectman Torno motioned on item 2 that all 3 years back taxes would be paid on or before September 12, 2016 by cash or bank check, and that they would pay 2016 taxes when due in October 2016 and April 2017. A new tax bill will have to be generated.
Seconded by Royce Heath, All in favor.
LMTS Wilson asked the Board if these motions were regarding properties that had been taken by the Town for back taxes, and Selectman Torno answered that this was in regards to tax claimed properties. Torno also added that a Quit Claim Deed would be generated by Selectmen's Assistant Sue Collins and provided for the residents, and that the property now belonged to them again.
4:30 pm Lebanon Historical Society member Nancy Wyman asked the Board the procedure for requesting $1,500. for the Lebanon Historical Society to celebrate the 250th Lebanon birthday in 2017. Wyman stated that the Society wanted the same amount of money as requested by the Lebanon Festival Committee and that the Historical Society wanted to have a 3 day long celebration, including lectures, games, square dances, and the like....
Selectman Torno stated that there was plenty of time before the group would have to worry about putting the question on a May ballot, but Wyman said that she had come too late for the 2016 ballot, so she wanted to be sure to come in plenty of time.
Selectman Heath questioned whether the Historical Society was a Committee of the Town of Lebanon, and Selectman Torno stated that they were.
Selectman Heath stated that as a Town Committee, the Selectmen could opt to place their question on the ballot without the required amount of signatures.
Selectman Torno agreed that the Historical Society would not have to gather signatures, however, she would like the Historical Society to write the request for the $1,500. to be placed on the May 2017 ballot, stating that the question would need to be presented to the Board of Selectmen 45 days prior to the May election date.
Mrs. Wyman stated she would come before the Board again in January 2017.
The Board and Mrs. Wyman had a short discussion on the upcoming West Lebanon Academy Founders Day Celebration taking place on September 10, 2016.
Mary Lane reentered the meeting with discussion of the need for a Naiad Steering Committee in Lebanon.
Selectman Torno asked Mrs. Lane if she was willing to be appointed to that committee and Mrs. Lane stated she would like that.
Selectman Torno motioned to appoint Mary Lane to the Naiad Steering Committee for the Town of Lebanon.
Selectman Heath seconded the motion. All in favor.
Selectman Torno stated that she would have the Acting Town Clerk draw up the appointment papers and contact Mrs. Lane.
Mrs. Lane asked if it would be Ms. Dale Fisk who contacted her, and was told that it would be. Mary stated that she thought Ms. Fisk was a great asset to the town, always polite, nice to everyone and always smiling.
Assistant Sue Collins stated that she had contacted Stone Hill Labs about water assessment for a private well on a property adjacent to the old Lebanon Town Dump.
Selectman Torno explained to all, that the State of Maine DEP had mandated ongoing water testing for this single private well, by the Town of Lebanon.
LMTS asked if this well had been tested before, and it was learned that is has been. Wilson asked who did the testing in prior times, noting that they would have records of past testing and whether or not the water quality had changed for better or worse.
Selectman Torno stated that she did not have time to look up who did the testing before, and Wilson added that the information should be easily accessed in the Town's files, and that the Selectmen's Assistant should be able to easily put her hands on the reports.
Selectman Heath recommended checking with Katahdin Labs out of Limerick, Maine.
Assistant Collins stated that she had already called Stone Hill Labs but that she would contact others.
Selectmen discussed that there would be no meeting on Labor Day, Monday, September 5, 2016.
The next meeting of the Lebanon Board of Selectmen is scheduled for Thursday, September 8, 2016 beginning at 6 pm.
Several residents thanked the Board for making the meeting later in the evening, stating they did not like 3 pm meeting times.
LMTS Wilson stated that she had checked the Town Website during the break in meeting for Executive Session and that the missing 7 weeks of minutes were still missing.
Assistant Collins left the room, returning moments later stating that the missing minutes would be put onto the website on Tuesday morning.
Wilson asked why she had been told that the minutes were on the Website since Friday the 26th.
Collins answered it was a mistake.
At 5 pm, Assessing Agent for the Board of Selectmen, Ben Thompson, came to address the meeting.
Thompson stated that he was almost done with his work, more than 3/4 of the way, however, he had not yet finished. Thompson is hoping to complete things by noon on Tuesday, August 30, 2016.
Discussion was held regarding 12-15 lots in town where Thompson thought it might benefit the residents to combine side by side lots for tax purposes.
Thompson discussed the sketches made of each property by himself or with the help of Selectman Royce Heath.
Selectman Torno asked Thompson if he liked working with the "Sketch" program, and Thompson stated he liked it just fine. Torno stated that the Waterboro assessors don't like it, but Thompson again stated he had no problem with it.
Thompson stated he had been careful to keep a list of properties that need to be submitted to O'Donnells as the current maps are incorrect in accordance with the deeds. Thompson stated that he had asked for copies of the deeds so that O'Donnells could work off the deed rather than other information.
Lengthy discussion was had regarding base lot prices for Spaulding, Northeast and Spencer Ponds, and methods used to assess different property types.
Thompson stated that Lebanon has 280 waterfront properties at this time.
Discussion was had regarding several properties that Thompson found which had been assessed incorrectly in the past, (or possibly typographical entry mistakes) stating that he thought the owners would be due an abatement.
Selectman Torno discussed how the Board would send a letter offering the abatement to the properties that Ben Thompson identifies to the Board as having been over assessed.
LMTS Wilson asked where the money would come from to give abatements to properties for three years.
Thompson explained to Wilson the money comes from the overlay money that is built into the town's MIL rate each year.
Discussion was had with Ben Thompson and LMTS Wilson regarding how the overlay money.
Discussion was had on how much money had been left over from previous years, and where that money goes if it is never given back in abatements.
Thompson stated that it would go into the Town's General Fund and could only be used with voter approval.
Wilson asked how much money was in that account at this time, and Thompson added that he was unsure as the town's accounts had been badly depleted with the $208,000 Rescue Department fiasco a few years back.
Selectman Torno stated that it would be interesting to see how the Assessor's question would turn out on the May 2017 ballot.
LMTS, asked Selectman Torno if it were planned to request that the town hire an Assessor, and she answered affirmatively.
Wilson asked when that decision had been made to put that question on the May 2017 ballot.
Selectman Torno stated that there had been no decision made by the Board to place a question on the May 2017 ballot. She stated that no discussion had taken place regarding this, and that the Board had not made any decisions on that as of yet, rephrasing that it was her opinion that the town needs to hire a separate and qualified Assessor, and that it should be placed on the May 2017 ballot.
The Board opened the discussion for Other Business.
LMTS asked if Selectman Torno had given any thought to their earlier discussion regarding private residents taking donations for Town programs, and if the Board would be voting to overturn the previous Board's vote that private residents could use the Town Office for taking donations for things that would be of benefit to the Town.
Selectman Torno stated that she would look up the minutes of that meeting and review the Board's decision at that time and talk to the Board on how they would proceed regarding the issue.
No Other Business stated.
Selectman Torno motioned to adjourn the meeting at 5:20 pm
Seconded by Selectman Heath.
Meeting adjourned.

Lebanon Selectmen's Meeting Notes 5/9/16

 

The Lebanon Maine Truth Seekers is not an official representative of the Lebanon Maine Board of Selectmen. The notes below are not an official record of the Town of Lebanon or any of their boards or committees, they are only the notes of LMTS resident sitting in on Board meetings. For the official minutes of these meetings, please see the Town of Lebanon Maine Official Town Website.

In light of statements made by individuals at the Lebanon Maine Board of Selectmen's Meeting, it is also important for us to write that we do not represent any one person, board or committee within the Town of Lebanon, Maine and that these are only our notes on the events, happenings and statements during that meeting.

The final Lebanon Maine Selectmen's meeting prior to the May 10th Town Elections was held at the Town Office on Monday evening, May 9th.

While the meeting was scheduled for a 4 pm start with Tom Torno on the agenda, Torno, for the 16th consecutive meeting, was a no-show.

Selectmen Heath and Nadeau were late arrivals, due to being at the Lebanon Elementary School helping Town Clerk Mandy Grenier set up voting booths and get ready for the upcoming election.

The pair of Selectmen arrived shortly after 4:20 pm and the meeting got underway with Selectmen's Assistant Sue Collins addressing the three member Board.

Collins first questioned the Board regarding a resident's question, asking for the status of Upper Middle Road. The resident asked whether Upper Middle Road was a town approved and accepted roadway, or if it were privately owned. Selectman Thompson told Ms. Collins that there was no way for the Board to answer that question without the presence of Torno, and suggested that she try to phone him on Tuesday morning regarding the question.

The next question was regarding a mobile home trailer that needed to be removed from a property. The address was not disclosed publicly. Collins stated that she had called "The Dump Guy", who had quoted her a price of $3,800 for the removal, however, Selectman Heath said that he wanted to make a few telephone calls on the matter, thinking that he could possibly have the trailer removed for free by someone interested in the scrap metal.

Selectmen Heath and Nadeau were reminded that there was an assessing job that needed to be done on Moose Lane. Selectman Thompson suggested that the pair head right out in the morning.

The town's Certified Ratio certificate was presented by Ms. Collins. Thompson later explained that the Certified Ratio was the State certification of the job done by the Assessors of the town, and measures the difference between what properties are assessed at versus what they sell for. The Town of Lebanon is Certified at 98%.

Sue Collins stated that she had received a phone call from Abby Rider, a representative of Ranked Choice Voting. Ms. Rider was asking to come and give a presentation to the Board regarding ranked choice voting. Collins asked if there were any interest in having Ms. Rider attend a Board meeting. Only one Selectman, Mr. Nadeau, had any response, asking Ms. Collins to tell Ms. Rider, "No, we're very busy".

There was a long discussion regarding a residence on Spencer Lane and the proper way to assess the property following State of Maine guidelines, due to the fact that the property was split by a roadway.

At 4:50 pm, Interim Town Treasurer, Ms. Rix, entered the meeting to discuss a few billings that had been presented for payment.

Ms. Rix stated that she had been hired only short term for approximately 25 hours per week, however, she has worked 34 hours one week, and 39 the second. She told the Board that she could stay on for a longer length of time than originally planned if they needed her to, however, she could not work a 40 hour work week.

Discussion was held on the fact that State Law requires that a Town Secretary publish hours per week that the Treasurer would be available to the townspeople. Ms. Rix noted that has not been done in Lebanon, but that she wanted to comply with State Law and make posted office hours on Tuesdays or Thursdays, however the Board decided. The Board stated that they would let Ms. Rix know the best day for her to hold office hours with town residents.

Ms. Rix also stated that she had remained busy by writing out instructions on the many functions that the Town Treasurer performed. Selectmen were thankful for Rix's time in writing detailed instructions.

Deborah Dorey Wilson spoke to the Board regarding the newly formed Cemetery Committee. The Committee has identified 5 small cemeteries they want to visit as the first on their list, 2 on Rt. 202, 1 on River Road, and 2 on Smith Lane. Wilson stated that the committee had identified the owers of those properties and would like to send a post card alerting them to the fact that the cemetery would be visited by representatives of the town and the date of the planned visit.
All 3 Selectmen agreed that the postcard prior to the visit would be a good idea.

Wilson also stated that the committee would like to send a letter to J&S Masonry, the company that won the 2016 bid for cemetery mowing. The Cemetery Committee would like to identify themselves to the owner, and offer help in finding some of the smaller cemeteries on the list, and also ask Ms. Antolin's help in identifying problems that need fixing as she comes across them.
All 3 Selectmen approved Wilson writing the letter to J&S Masonry from the Cemetery Committee, and Selectman Heath provided Wilson with J&S Masonry's e mail address, stating that it might be easier and more effective to e mail than to send the letter via USPS.

Wilson stated that she planned to have a booth at the Lebanon Festival on August 20, 2016 and that she would like to have a photography contest, offering the winning photos in a printed calendar for sale, using some of the money to purchase a handheld GPS unit for the Cemetery Committee's use. Selectman Nadeau asked Wilson if there would be any conditions placed on the donation, and Wilson stated that there would not be any conditions, the GPS unit would become the property of the Cemetery Committee. There was discussion regarding the price of a GPS unit, and Selectman Thompson stated that he had seen some good ones for sale at around the $100 price range.
Selectman Nadeau stated that he wanted the Cemetery Committee to create a binder with photos of each grave in the cemeteries they visit, noting the oldest grave in each cemetery, along with GPS coordinates and that the binder be kept at the Town Office.  Wilson stated that was a long term plan and that the Committee needed the GPS in order to provide some of the requested information. Wilson said that she also wanted to note the approved right of way (to be identified by the property owner) for people to access the cemetery as provided by Maine State Law, and coordinate interesting facts and stories regarding the people buried in the town's cemeteries. Wilson did caution Selectman Nadeau that categorizing every Cemetery in town was a very big, long term goal and would not take place in a Summer. Selectman Thompson stated that there were apps available on cell phones for calculating GPS coordinates, and discussion was held that cell phone apps are not as accurate as a dedicated GPS unit, as cell phones calculate coordinates via pinging from cell phone towers and then calculating via triangulation methods, and if you were out of cell phone service range, you could not utilize the cell phone app.
All three Selectmen agreed that they would approve of Wilson donating a GPS unit to the Cemetery Committee from the planned calendar which would be a result of a photography contest held at the Lebanon Festival on August 20, 2016.

Selectman Thompson noted that there was now a mailbox at the Town Office for the Cemetery Committee, taking a moment to show the box to Wilson and Cemetery Committee member Dana Coull. He added that Town Office staff would soon be adding a page to the Lebanon town website as well. Thompson reminded Wilson to create an e mail address for the Cemetery Committee and be sure to provide it to Town Clerk Mandy Grenier to be included on the website.

Wilson took a moment to speak to the Board on her appreciation of Selectman Heath's help at the Lebanon Clean Up Day.
Discussion was held that Road Commissioner Tom Torno had kept Heath and Wilson along with Firefighter Sanborn and resident Dana Coull, waiting at the Town Office for over 1 1/2 hours, saying via phone communication with Selectman Heath, that he would be there shortly for members of the Road Crew to have lunch, but never showing up at the office. Wilson did state, however that Torno's crew had done a fantastic job of picking up bagged trash and large debris that had been left by residents who had cleaned up the roadways. Discussion was held that Torno's original time to bring the crews to lunch was 12 noon, however in a phone discussion with Selectman Heath, it was noted that Candidate for Road Commissioner, Chris Gilpatrick, had headed out with his own vehicle, picking up the trash and debris and Torno wanted to be sure that folks saw the current Road Commissioner taking part with his crew. Wilson asked the Board to thank Road Commissioner Torno for doing a great job.

Selectman Thompson stated that the Board needed to go into Executive Session, citing personnel issues, and the public vacated the meeting room at 6:55 pm.
The Board returned from Executive Session at 7:08 pm and Selectman Thompson made the following motions regarding their Executive Session discussion.

1. Thompson motioned to transfer the amount of $25,000. from the town's contingency fund (Currently in the amount of $65,390.27) to cover the town's legal fees. Thompson stated this was necessary as the $35,000.00 budgeted for legal fees in the June 2015 vote, had been expended and that there was currently $1,100.00 in the Legal Fees account. Thompson added that the additional $25,000.00 should be enough to see the 2016-17 Board through to the end of the year.
Selectman Nadeau seconded the motion and all three Selectmen were in favor.

2. Selectman Thompson motioned to transfer the amount of $750.00 from the town's contingency fund into the Code Enforcement budget to cover wages and mileage. Thompson stated that due to the amount of training required of the Lebanon Code Enforcement Officer, the additional money was to cover training hours and mileage expenses. The motion was seconded by Selectman Nadeau, all three Selectmen were in favor.

Selectman Paul Nadeau made a motion to adjourn the meeting, seconded by Selectman Ben Thompson. The meeting was adjourned at 7:15 pm.

Lebanon Building Code Ordinance: A Discussion with Selectman Ben Thompson and the Lebanon Town Attorneys.

LMTS has shared with the voters of Lebanon, several pieces of information on the proposed Building Code Ordinance that will be appearing for your vote on the May 10, 2016 Lebanon Town Ballot.
Tonight we hear from Selectman Ben Thompson, and from the Attorneys for the Town of Lebanon with regards to changes, additions and necessity of voting on this ordinance.
Thank you to Selectman Thompson for sharing with us all.


Ben Thompson ::::So in an effort to be fair to the voters, I share the following email directly from our Town attorney:
Thank you, Ben Thompson.

Ben –

I spoke with Mike and understand the difference between the current and proposed ordinance in regard to the building permit fees. So to respond to Chip’s comments:

Sections B and C of the current ordinance are conflicting – Section B calculates fees for applications for additions and alterations according to the construction cost and Section C calculates costs for additions and new construction according to the square footage. According to Mike, in practice the Town only applies section C. The purpose of the amendment is to eliminate Section B in its entirety, leaving only that section which has been applied by the town historically. So yes, a building permit fee for an 800 sq. ft. addition is $320 under the proposed amendment, but it is the same under section C of the current ordinance.

With regard to the comment about a kitchen renovation, note that the following activities do not need a permit under MUBEC: Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work. So a basic kitchen remodel would not require a permit.

Finally, with regard to the third party inspector, the current ordinance is silent with regard to third-party inspectors and only mentions the CEO. The proposed ordinance clearly states multiple times that the CEO will inspect construction that falls under the IRC and third party inspectors will be used to inspect projects under the IBC. I did not see any conflicting working in the proposed ordinance.

Let me know if you have any questions.

Thank you

Mary

Mary E. Costigan
Shareholder

207 774-1200 main

BERNSTEIN SHUR
CELEBRATING 1OO YEARS | Portland, ME | Augusta, ME | Manchester, NH
Confidentiality notice: This message is intended only for the person to whom addressed in the text above and may contain privileged or confidential information. If you are not that person, any use of this message is prohibited. We request that you notify us by reply to this message, and then delete all copies of this message including any contained in your reply. Thank you.

 

 

Lebanon Maine Truth Seekers Thank you for sharing that e mail, Ben Thompson..........may I copy and paste it with your name on it to the page website and include it in the discussion regarding the Building Code Ordinance???

 

 

 

Ben Thompson Yes please. Also to put the third party inspector question to rest as well.....please share and read,

"14. Who enforces the Maine Uniform Building Codes and Energy Code?

The Code Enforcement Officer (CEO)/Building Official enforces the codes in towns with populations of more than 4,000 persons. Inspections by the CEO are required to obtain a Certificate of Occupancy. If towns under 4,000 elect after 9/28/11, to adopt and enforce building and/or energy codes: the CEO/BO would enforce the code. If a town under 4,000 elects to have no code, no enforcement is necessary. However it would be beneficial if builders/contractors/property owners still built to code as financial institutions, insurance agencies and real estate owners may be requiring inspection reports.

15. Who enforces the Maine Uniform Building and Energy Code if there is no local Code Enforcement Officer or if there is one, that person is not trained in the building codes or energy codes?
The town may have a CEO, but their job description may be limited to working with land use issues, shoreland zoning or plumbing regulations. Municipalities have the following options:

A. Building officials/Code enforcement officers: Inspections performed by building officials certified pursuant to 30-A M.R.S. §4451.

B. Inspections by virtue of inter-local agreements: Inspections performed by virtue of inter-local agreements with other municipalities, that share the use of building officials, certified in building standards pursuant to 30-A M.R.S. §4451.

C. Contractual agreements: Inspections performed by virtue of contractual agreements with one or more municipalities, or county or regional authorities, that share the use of building officials certified in building standards pursuant to 10 M.R.S. §9723.

D. Third party inspection by report: Inspections performed and verified by reports from a TPI, certified pursuant to 10 M.R.S. §9723.

FOLLOW THIS LINK
AND SEE FAQ ON THE SIDEBAR.... http://www.maine.gov/dps/bbcs/

 

 

 

Ben Thompson So under the state mandated MUBEC code, the CEO is the default inspector in municipalities over 4,000 residents. At the 2010 census, we were over 6,000. The proposed ordinance asks the citizens' to allow the Code Enforcement Officer to not have to inspect commercial properties, but allow third party inspectors. The citizens have to vote to allow this change.

Lebanon Fire and EMS Posts April 2016 Call Log

Lebanon Fire and EMS Call Report

April 2016

 

from Chief Daniel Meehan

EMS Calls:

Chest Pain (Non-Traumatic) 1
Convulsions / Seizures 3
Diabetic Problems 2
Falls 1
Headache 1
Hemorrhage / Lacerations 1
Overdose / Poisoning (Ingestion) 2
Psychiatric / Abnormal Behavior / Suicide Attempt 8
Sick Person 5
Traffic / Transportation Incident 12
Unconscious / Fainting (Near) 2
Unknown Problem (Man Down) 1
Assault / Sexual Assault 4
Back Pain (Non-Traumatic/Non-Recent Trauma) 1
Breathing Problems 4
Burns (Scalds) / Explosions (Blast) 1
Other 3
Stand By (Fire, Law, etc) 1
Total 53

Fire Calls:

Motor Vehicle 5
Accidents Mutual Aid 5
Public Assist 1
Unpermitted Burn 5
Brush fire 1
Propane Leak 1
Investigation 2
Total 20

  

Lebanon Resident Speaks With Regards to Proposed Building Code Ordinance.

LMTS received an interesting e mail from Lebanon resident Chip Harlow this morning.

In reaching out to Chip, he has agreed to allow me to use his e mail toward better understanding in the very complicated world of Building Code Ordinance discussion.

 

Many of us here in Lebanon do not understand Building Code Ordinances. We arrive at the poles like virgins arriving at the top of a mountain. Whether we are thrown from a cliff and sacrificed all depends on how much we take the time to educate ourselves prior to making that final check mark on the ballot.

 

Chip has spelled out his personal objections to the passing of the proposed Lebanon Building Code Ordinance, which will be presented on the May 10, 2016 Lebanon Town Ballot.

 

***Please note that this e mail was shared with permission of it's creator, the information expressed are the comments and beliefs of the resident submitting it for your review. They are the statement of the individual and not of LMTS, regardless of whether we agree or do not......ALL page friends are welcome to submit information, objections, or comments via the Facebook comments section, or via e mail for publication and consideration. No comments or e mails will be shared without the author's name attached for validity and accountability of statement.***

 

Thank You. ~~Deborah Dorey Wilson, Lebanon Maine Truth Seekers.

 

Below, please find the statement by Mr. Harlow, addressing Lebanon residents........

 

 

 

So, comparing the current CEO ordinance with the proposed, there is actually a huge difference in permit fees! If you look at current ordinance, including the addendum approved on June 8, 2010, additions and alterations  for single family is $4.00 per thousand of estimated cost. So if cost is $10k, then permit would be $40. For example, let's build a 800sqft garage for say $20k. Current ordinance would charge $80, proposed ordinance would charge $320.  Big difference!!!!!!!  Proposed ordinance is 40 cents a square foot. Upon careful review of the two ordinances, it was noticed that there may actually be a transcribing/typo error. It looks like the attempt was to use the addendum from 2010 for the fees in the proposed ordinance but they combined two lines by accident and left out some wording. 

Current Ordinance

A. Minimum Building fees for single family residential: $40.00 Commercial: $50.00

B. Additions & Alterations: $4.00 per thousand for single family residential & $8.00 per thousand commercial (my note: per thousand is referring to estimated cost)

C. Include additions with new construction & increase square foot cost of construction .40 cents for single family residential & .75 cents commercial.

D. Include fees for starting construction without a permit, to be double the permit fees or $100.00 whichever is greater

E. Assess re-inspection fees $25.00 to be paid prior to the next scheduling of an appointment

Proposed Ordinance

 

A. Exactly the same as above.

B. Additions and alterations: include additions with new construction and increase square foot cost of construction .40 cents per square foot for single family residential & .75 cents per square foot commercial

C. Fees for starting construction without a permit shall be double the permit fee or $100.00, whichever is greater.

D. Re-inspection fees of $25.00 shall be paid prior to the scheduling of an inspection appointment

As you can see, in the new ordinance, lines B and C of current ordinance have been combined into just B of the proposed, and consequently has a totally different meaning and will potentially cost the resident a lot more money.

New construction would be the same. No difference btw current and proposed.

Also, current ordinance only requires permits for alterations that would change the overall height or footprint of the home. So, if I were to remodel my kitchen, no permit is required, but under the proposed ordinance, one would be. I don't necessarily disagree, but this has not been fully explained to the people, and since a permit would now be needed, and extra cost to the resident is incurred. 

These are just my initial thoughts. Also, the current ordinance allows third party inspectors. There is conflicting wording in the proposed ordinance about the use of third party inspectors for residential.

Chip Harlow