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

http://www.maine.gov/dps/bbcs/documents/FAQ3.doc

 

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.

Lebanon Maine Selectmen's Video from Thursday, 10/15/15 in 6 parts.......

 

LEBANON MAINE

SELECTMEN'S MEETING 10/15/15

(in 6 parts for your ease in viewing)

 

In the first section of Selectmen's Meeting video from Thursday, October 15, 2015, Selectmen's Assistant Sue Collins speaks to the Board regarding several requests for tax abatements. Ms. Collins also states that she has had calls questioning the paving of Upper Cross Road, when there are so many other roads in far worse shape.

Selectman Thompson answers that Upper Cross Road was done a few years back with only one coat of asphalt, and that the second coat needed to be done.

LMTS Deborah Dorey Wilson asks Selectmen's Assistant Collins for a copy of the meeting's agenda, mentioning that the new Town of Lebanon website still is not showing the agendas and although LMTS has signed up again to receive them, as instructed by the Town Clerk, the public notice e mailings are still not getting out.

Lebanon resident Everett Murphy addresses the Board regarding the paving being done on Upper Cross Road, where he resides. Murphy states that they are doing a really good job on that road and that he is pleased.

Murphy also speaks regarding the fact that he has called the Town Office several times and gets only a voice mail, and that despite the fact that he has left messages, no one has called him back.

Selectman Ben Thompson speaks to the need for voice mail. At this time there are only two ladies working in the front of the Town Office and they have been "slammed". However, Thompson also states that he will address this with the Town Office staff, saying that they should make sure and not leave for the day without returning people's telephone calls.

 

***LMTS note*** With tax bills coming out late, people rushing to pay taxes, register dogs (Due October 15), register to vote, secure absentee ballots, and register vehicles, LMTS drove by the Town Office twice on Friday and the lines were out the door. We'd personally like to ask people to have a little patience during this busy time of year and know that your questions will be addressed. We also question how phone messages should be answered by the Town Clerk and single Deputy Clerk prior to leaving for the evening when the Town Office is open until moments prior to them leaving and the Town has STRICT rules forbidding overtime.

 

Town Treasurer Jeanette Lemay, also the Town's Freedom of Access Act agent, enters with several sets of Right to Know requests, all from one individual, requesting paperwork on Lebanon Fire and EMS response times, Money expended by the Town's "Needy Fund" (which is ALWAYS confidential) and time sheets for Selectmen Ben Thompson. The Board signs a few of them, but denies the information on the "Needy Fund" expenditures, and denies one of the Lebanon Fire and EMS requests due to lack of detail regarding exactly what the petitioner is asking for, (ie. specific dates or calls).  Lemay questions the Board regarding the fact that the petitioner has a past due balance on Right to Know information. The Board states that past due balances must be paid prior to receiving any of the newly requested information.

 

SEE PART 1 OF THE LEBANON MAINE BOARD OF SELECTMEN'S MEETING OF THURSDAY 10/15/15 HERE:

https://www.youtube.com/watch?v=ijQRFLxJphY

 

Part 2 of the Lebanon Maine Selectmen's Meeting shows Lebanon Animal Control Officer, Mary Kinney, as she speaks to the Board with regards to her anticipated 2016-17 Department Budget.

Mention is made during this segment of Selectman Nadeau's nephew, the electrician, and service on the town's emergency backup generators. Thompson states that he feels the Board has done their due diligence in putting the generator service and electrical work out to bid on 2 separate occasions and since they have not received any bids on the work, it's time to give Nadeau's nephew a call.

 

SEE PART 2 OF THE LEBANON MAINE BOARD OF SELECTMEN'S MEETING OF THURSDAY 10/15/15 HERE:

https://www.youtube.com/watch?v=sGFuS9e-CqI

 

The Board begins discussion on proposed 2016-17 budget needs, with Thompson and Heath both working from their "Budget Books", but Selectman Nadeau, a long time Budget Committee Member, forgot his budget book at home. Thompson asks if Nadeau would like copies of the blank work sheets so that he can follow along and transfer the numbers into his "Budget Book" later on, but Nadeau declines, instead saying he will get the numbers from Heath later.

Selectman Thompson states that although the agenda calls for examination of a budget for Cemetery work, that he anticipates "quite a discussion" on that budget, and states that they will talk about the Cemetery Maintenance costs later in the meeting. ***The Cemetery budget was never revisited***

There is discussion with Treasurer Jeanette Lemay regarding a payment due to CMP, but what the payment is for is never specified. Lemay states the difficulty in making said payment, but that she will try to figure it out and get it paid.

 

SEE PART 3 OF THE LEBANON MAINE BOARD OF SELECTMEN'S MEETING OF THURSDAY 10/15/15 HERE:

https://www.youtube.com/watch?v=NmK77N1wBnY

 

The fourth part of the 10/15/15 Selectmen's Meeting video begins with the Board discussing more budget concerns.

One budget item that is discussed is for the Town's Legal Services, which the Board agrees should stay at about $35,000.00.

Following questions from many residents in town as to the current status of the actions against the town's former Assistant Rescue Chief / Selectman in the misappropriation of over $200,000.00, LMTS asks the status of the "pending investigation", the statement used to silence townspeople with regard to this matter for years.

Selectman Thompson and Wilson have a conversation with regards to the status, or rather lack thereof, of the criminal investigation, and the lack of interest by the Town in pursuing a civil suit with regards to this case. Thompson still refuses to discuss the particulars of the case, citing "personnel issues", but agrees with Wilson that people in Lebanon should just let it go and forget about it.

LMTS Sandy Adams questions the Board with regards to the Town Office sign and Thompson states that Selectmen's Secretary Collins has called and spoken with the person that created the sign, now damaged from sun and weather and looking very shabby. Thompson states that he is not sure where things stand with regards to the sign. Wilson states that the Board said that they would revisit this issue on 10/15/15 and Adams is told that the Board will discuss the matter later in the meeting, maybe 7 or 8 pm. ***Discussion on the replacement or repair of the Town Office sign was never discussed again***

Adams continues by discussing the paving being done on Upper Cross Road, and asks how much the project is costing the town. Selectman Thompson states that he believes the price tag is somewhere around $135,000.  Selectman Thompson explains that Upper Cross Road was done a few years ago, however only one coat of asphalt had been applied, stating that this project happening now was the second coat of asphalt. Adams continues, by asking the possibility of having Shapleigh Road fixed, and Thompson states he does not believe that Shapleigh Road will happen during FY 2015-16. Discussion is had on the benefits of having a separate Capital Improvement Fund specifically set aside for paving work. ***The Upper Cross Road project cost in the area of $135,000 and the voters approved a CIP fund for only $150,000 in Referendum 17 of the June 9th, 2015 ballot. Therefore there can not be more than about $15,000 left in that CIP fund account, and the last known estimate for the repaving of Shapleigh Road from 5 corners West Lebanon to the Ronal Patch home was over $175,000.***

 

SEE PART 4 OF THE LEBANON MAINE BOARD OF SELECTMEN'S MEETING OF THURSDAY 10/15/15 HERE:

https://www.youtube.com/watch?v=s6ZAhFxIuSE

 

In Part 5 of the Lebanon Selectmen's Meeting videos, Members of the Lebanon Maine Planning Board, Chairman Gary Getchell, Richard Batchelder, and Lynn Park enter the meeting to discuss the proposed budget for the Planning Board.

Discussions were held regarding the need for the Planning Board to have some kind of desk space for their work, and it is decided that there will be a desk made available for their records keeper to work and store files at one of the desks behind the counter at the Town Office.

The largest concern with the Planning Board budget was with regards to the advertising of legal notices and postage for mailing hearing notices to all property abutters, because FEMA is looking at changing flood plain maps this year. By Maine State Law, all people effected by these types of Land Use changes or Zoning issues MUST be notified via certified mail.

***LMTS has found the requirements by Maine State Law and they are available HERE:

https://www.blogger.com/blogger.g?blogID=2918125013649016357#editor/target=post;postID=3687894336205077735;onPublishedMenu=allposts;onClosedMenu=allposts;postNum=0;src=postname ***

 

SEE PART 5 OF THE LEBANON MAINE SELECTMEN'S MEETING OF 10/15/15 HERE:

https://www.youtube.com/watch?v=hn4KRwn3wRw

 

In the sixth, and final portion of the Thursday evening video from 10/15/15 Board of Selectmen's meeting for Lebanon, Maine, Town Clerk, Mandy Grenier addresses the Board in the need to update her budget proposal. According to Grenier, the numbers that she used were for an average election year, however 2016-17 will include a Presidential election, so the totals of her proposed budget were amended.

The Board prepares to enter into Executive Session with Union Representative (and Lebanon resident) Traci Place

LMTS Wilson states that she has a few questions and requests time at the end of the meeting in order to discuss the residents' questions and concerns. Selectman Thompson says there will be time after the Executive Session.

This Executive Session was with regards to the hiring of new personnel for the Town Office, so pay rates, job description and benefits all need to be discussed and worked out prior to placing an ad seeking qualified applicants.

LMTS waited for the Board to return for almost an hour. During this time, it was impossible to wait in the Lobby due to the need for the space for Town Clerk Grenier, to be in negotiations with the Union Representative, as she traveled between the Select Board and the Town Clerk.

When the Board completed almost a full hour of Executive Session, they came back into session without alerting LMTS and adjourned the meeting before Wilson could rejoin them, even though Wilson had asked to be alerted and to be present prior to the adjournment of the meeting.

LMTS found out the meeting had been adjourned when Selectman Nadeau exited the building at 9:20 pm. (5 hours and 20 minutes total meeting time).

 

SEE PART 6 (FINAL) OF THE LEBANON MAINE BOARD OF SELECTMEN'S MEETING OF THURSDAY 10/10/15 HERE:  https://www.youtube.com/watch?v=tSNX952J5g8

 

 

 

 

 

 

 

 

 

 

 

 

Maine State Law Requirements for Posting Notifications of Public Meetings

The General Rule

1 MRSA § 406 requires public notice for a "meeting of a body or agency consisting of 3 or more persons." The statute does not require a particular form or medium of notice, but sets a general standard: "This notice shall be given in ample time to allow public attendance and shall be disseminated in a manner reasonably calculated to notify the general public in the jurisdiction sewed by the body or agency concerned. In the event of an emergency meeting, local representatives of the media shall be notified of the meeting, whenever practical, the notification to include time and location, by the same or faster means used to notify the members of the agency conducting the public proceeding" (emphasis added).The body responsible for calling the meeting can determine what manner of notice is best. Circumstances to consider include: cost and availability of radio, television or print media, amount of time available, and past notification practices. However, the municipal officers or the voters may prefer to establish a uniform method for giving notice.
In some municipalities, the best method might be to simply post a notice at the town hall, town dump, local coffee shop, and any other place where members of the public are likely to see it. In other municipalities, the daily paper or local radio station might be the best way to reach the public.
The foregoing general rule is exactly that; a rule to use when there is no statute or local ordinance or regulation which sets more specific notice requirements. Any local rule must meet the requirement of 1 MRSA § 406 that the notice be reasonably calculated to notify the public.
Specific Requirements
  
The following list is a compilation of state laws which require particular time frames or forms of notice for public proceedings. This list is not all-inclusive, but does cite some commonly encountered laws. The laws are listed alphabetically by subject matter, with a brief description of the notice requirement. This is not intended to be used as a substitute for reading the full text of the statute. All time periods stated (e.g., "7 days") are minimums.
Charter Commission. 30-A MRSA §2103(2): 7 days' notice of organizational meeting. 30-A MRSA § 2103(5): 10 days' notice of public meeting, newspaper publication required. 30-A MRSA § 2104(5): amendments to charter require 7 days' notice, newspaper publication.
Comprehensive Plan. 30-A MRSA §4324(8): public hearing for proposed plan requires 30 days' notice, newspaper publication.
Ordinances. 30-A MRSA § 3002 requires 7 days' notice by posting for enactment or revision by the legislative body of a municipality.
Ordinances. For ordinances that can be enacted by Municipal Officers (i.e., Selectmen or Council): 30-A MRSA § 3008 (cable T.V.) requires 7 days' posted notice of meeting. 30-A MRSA § 3009 (traffic regulation) requires 7 days' posted notice of meeting. Although not specifically required by statute, a 7-day notice should also be given before adopting General Assistance Ordinances.
Referendum Question. For towns which have adopted a referendum, 30-A MRSA § 2528, 30-A MRSA § 2528(5) requires at least 7 days' notice of public hearing on the subject of the referendum. The hearing must be at least 10 days before the vote.
Subdivision Regulations. Where no local subdivision ordinance has been adopted, 30-A MRSA § 4403(2) requires 7 days' notice of hearing to adopt, amend or repeal regulations. 30-A MRSA § 4403(4) requires 7 days' notice by newspaper publication of any public hearing to approve subdivision application.
Town Meetings. For annual and special town meetings, 30-A MRSA § 2523 requires at least 7 days' notice by posting warrant in one or more conspicuous, public places in town.
Zoning. For a rezoning by either conditional or contract zoning, 30-A MRSA § 4352(8) requires public hearing, two notices by newspaper publication (the first of which must appear at least 7 days before the hearing), and posting of notice in the municipal office at least 14 days before the hearing. Notice to abutters is also required.
In addition to the foregoing, public hearings or meetings are required for such municipal activities as the issuance of licenses and permits. These include automobile graveyard permits, victualer's licenses, special amusement licenses, and the like. For further information on the specific requirements of these activities, see the MMA Licensing/Permitting Manual (1989).
In conclusion, a three-step process is recommended when you are unsure of the type or method of notice required for a public proceeding. First, read your local ordinance or charter for guidance; second, check the state statutes for particular requirements; finally (if you find nothing specific to guide you), follow the general rule outlined in 1 MRSA § 406. Bear in mind, however, that no local provision can undercut or relax the Maine Right to Know Law's requirements that notice be given of every meeting of a municipal body which consists of three or more members, and that "3 or more" refers to the total number of members of the body, not just the number expected to appear at any particular meeting. (By J.J.W./E.P.C.)

State Officials Advise Consumers of New Maine File Freeze Law

 

 

 

10/16/2015 01:45 PM EDT

Effective October 15, 2015 Maine consumers have the right to place a file freeze on their credit report with each of the three major reporting agencies - Equifax, Experian and TransUnion - at no cost.

A file freeze is a means to restrict access to credit reports in order to safeguard the information. It does not affect one's credit score, nor prevent the individual from obtaining a free annual credit report (www.annualcreditreport.com).

A freeze also doesn't prevent the individual from opening new credit accounts or taking other actions, such as applying for a job, that may require a credit check. However, the freeze may need to be lifted temporarily or for a particular individual or company, in order for the report to be reviewed.

"In light of recent large-scale data breaches, Maine consumers should be aware of this new law," said David Leach, principal examiner with the Maine Bureau of Consumer Credit Protection. "Unlike previous data breaches in which only credit card information was stolen, recent incidents involved loss of personal information - including Social Security numbers, dates of birth and street addresses - that could easily permit identity thieves to apply for credit, government benefits or housing in our names. Credit cards can easily be canceled and replaced, but much of our personal information remains unchanged for our entire lives."

To activate a file freeze, Maine consumers can contact the three major national credit reporting agencies by phone, on-line or by mail. All three credit reporting agencies have been contacted by the Maine Bureau of Consumer Credit Protection and are aware of Maine's new file freeze law. Contact information is as follows:

Equifax: 1-800-349-9960 www.freeze.equifax.com Equifax PO Box 105069 Atlanta, GA 30348

Experian: 1-888-397-3742 www.experian.com/freeze/center.html Experian PO Box 4500 Allen, TX 75013

TransUnion: 1-888-909-8872 www.transunion.com/securityfreeze Trans Union PO Box 2000 Chester, PA 19022

Leach indicated that for most consumers the easiest way to place a security freeze is likely by telephone. It may take less than 15 minutes to place freezes with all three credit reporting agencies. The calls are received by automated centers, and consumers use touch-tone pads to provide their Social Security number, date of birth, zip code, and partial address.

Within two weeks, consumers should receive a file freeze confirmation letter complete with a personal identification number, or PIN, for their use to unlock their credit file when they are applying for credit.

Parents wishing to apply a freeze in the case of children under the age of 16 who do not already have a credit file, may be required to pay $10 per freeze. Equifax, however, has told state regulators it is waiving that fee.

More information is available by contacting the Bureau of Consumer Credit Protection at 1-800-332-8529.

Maine Department of Labor Issues Reminder about Laws that Go into Effect Oct. 15

Changes to domestic violence leave, new social media labor law, and new options for purchasing businesses AUGUSTA—Most bills passed by the Maine legislature in 2015 become law effective Oct. 15, 2015. Of note are two labor laws carrying potential fines for employers, as well as laws updating safety and health requirements for public sector employers, a new option for unemployment tax rates when purchasing an existing business, and expanded access via court orders to wage information of debtors. “Maine businesses and employees should be aware of several new laws that affect them,” said Commissioner of Labor Jeanne Paquette. “Learning about the law now will ensure better compliance down the road.” Employers or workers with questions about these or other employment laws can start with the department's Frequently Asked Questions page on the website or call the department's customer service line at 623-7900. Two distinct changes to Wage and Hour laws are combined in An Act To Strengthen the Right of a Victim of Sexual Assault or Domestic Violence To Take Necessary Leave from Employment and To Promote Employee Social Media Privacy (LD 921, PL 2015 Ch. 343). In the first section of this law, victims of domestic violence, sexual assault, or stalking (or the child, spouse, or parent of such individuals) may take reasonable and necessary leave from employment excepting certain conditions. If leave is denied and reported to the Department of Labor within six months of the occurrence and the employer is found to have denied the leave not in accordance with the law, a fine payable to the state of up to $1,000 for each violation may be assessed against the employer. In addition, the employer is liable for liquidated damages in an amount equal to three times the amount of total assessed fines (equating to $3,000 per violation) provided to the employee. If the employee is terminated, the employee may elect either the liquidated damages or reemployment with the employer with back wages. In the second part of this law, employers in Maine are now restricted in their ability to access the personal social media or email accounts (non-public information) of employees and applicants. Employers may not terminate, discipline or otherwise take adverse action against an employee or applicant, due to the employee’s or applicant’s refusal to cooperate with any prohibited request or demand. Some exceptions apply, including when disclosure of personal social media account information is reasonably believed to be relevant to an investigation of alleged employee misconduct or a workplace-related violation of applicable laws, rules or regulations. The law provides that fines will be not less than $100 for the first violation, not less than $250 for the second violation and not less than $500 for each subsequent violation.  The statutory title affected is 26 MRSA §§ 850 and 615–619.  An optional labor law poster for each of these statutes is available at no charge for downloading or printing at http://www.maine.gov/labor/posters/index.html . Individuals interested in purchasing an existing business should review An Act To Modify Unemployment Insurance Successor Law (LD 701, PL 2015 Ch. 107), which changes the treatment of unemployment contribution (tax) rate assignment in successor transactions. In cases when the successor is a newly established employer, and when no substantial common ownership, management or control exists between the purchaser and the predecessor, the successor may opt to retain the predecessor’s rate or be assigned the average contribution rate, whichever is lower. In such cases when the successor is an established employer with an existing contribution experience rate, the successor may choose to retain this rate or inherit the experience rate of the purchased business blended with the successor’s existing rate to form a new experience rate, whichever is more favorable. The statutory title affected is 26 MRSA §1221.  Individuals who have been ordered by a court to repay a debt should be aware of An Act To Improve Disclosure Procedures (LD 451, PL 2015 Ch. 275), which allows the judgment creditor to obtain Department of Labor wage information when the judgment debtor has not conformed to the requirements of an installment payment order. It also clarifies that the amendments made by Public Law 2013, chapter 150 apply to small claims court disclosure proceedings.  The statutory title affected is 14 MRSA §3126-A, §3134, and §3135.  Public-sector employers should note changes to workplace health and safety recordkeeping and reporting in An Act To Update Maine Law To Conform to New Federal Occupational Safety and Health Administration Regulations (LD 699, PL 2015 Ch. 138). Under the prior law, a person in charge of a workplace is required to report in writing or by telephone to the director of the Bureau of Labor Standards the death of any person in the workplace or a serious physical injury requiring hospitalization sustained by a person in the workplace. This bill replaced the requirement to report in writing or by telephone with a requirement to report by telephone or electronically and provides that the report may be made to the director or the director's designee. It amends the definition of "serious physical injury." It also authorizes the director and any authorized agent of the bureau to enter a public sector workplace for the purpose of examining the safety and health of employees.  The statutory title affected is 26 MRSA §2 and §44.  A portion of the state training tax will now be used to provide scholarships for students enrolled in the Bridge Year through An Act To Amend the Competitive Skills Scholarship Program To Allow for Participation in Early College and Career and Technical Education Programs (LD 856, PL 2015 Ch. 257). This law expands the Competitive Skills Scholarship Program to include participants who are under 18 years of age if they are full-time secondary students at a public secondary school and enrolled in a career and technical education program at a career and technical education center or a career and technical education region, called the “Bridge Year.” The students must meet the following requirements: they do not have a marketable postsecondary degree, they have income less than 200 percent of the federal poverty level, and they are applying for education or training for a job in an approved industry.  The statutory title affected is 26 MRSA §2033. The department has posted proposed rules changes to update the rules in compliance with the new statute. Employers who have questions about constitutional carry and their rights to regulate weapon possession on their property can look to existing state statute. Title 26 MRSA § 600 states that, “An employer or an agent of an employer may not prohibit an employee who has a valid permit to carry a concealed firearm under Title 25, chapter 252 from keeping a firearm in the employee's vehicle as long as the vehicle is locked and the firearm is not visible.” This provision was not affected by the changes to the concealed weapons permitting law passed in 2015. A list of the recent changes that fall under whole or partial jurisdiction of the Maine Department of Labor is available at http://www.maine.gov/labor/labor_laws/index.html .

Maine Dept of Inland Fisheries and Wildlife Announces Changes in Maine Hunting and Permitting Laws.

If you hunt in Maine, you should keep yourself up on the latest laws regarding wild game, endangered species, hunting seasons and permitting procedures.
Today we received this e mail from the Maine Department of Inland Fisheries and Wildlife regarding changes to the hunting laws in Maine.
Please take a moment or two to review it.
We found some pleasant surprises there!!!

Hello-
We are writing to share with you a brief summary of changes to fish and wildlife laws that were enacted in the 2015 Legislative Session.  Please note that this is a summary ONLY of the major changes.
Laws that were not enacted as "emergency" take effect October 15, 2015, unless there is a different effective date specified in the law.  Laws that were enacted as emergency legislation have already gone into effect.

CLICK HERE to review the summary of changes.
If you have any further questions, you can contact our information center Monday-Friday from 8am-5pm at (207) 287-8000 or contact us through our website at www.mefishwildlife.com or Facebook Page.
We hope you have a safe and enjoyable autumn in Maine!

A Telephone Interview With Lebanon Transfer Station Manager Ronal Patch.

Photo from Google Images

 

For those of us who care to know how two seated Selectmen are continually found together at the Lebanon Transfer Station, or for those of us who get angered by the mixing around of town employees that seem to suit one group of people's desires, the mystery is finally unearthed.

I gave a call to Transfer Station Manager Ronal Patch this morning.

Since I could not seem to get any answers from the elected by the people Select Duo of Nadeau and Heath, I took a moment to call Mr. Patch and get the TRUTH of the situation right from the horse's mouth.

Patch, who along with wife Lorraine and brother Robert all work at the Transfer Station had been out of state on Saturday 8/8/15 when the questioned events took place, but he provided more answers than the two seated Selectmen have given. I appreciate his honesty, and although the answers still need to be addressed, Patch was honest and forthcoming with the answers, and anyone can appreciate that.

Apparently, it had been discussed, outside of the Board of Selectmen, with Mr. Nadeau that the Patch family would be out of state on Saturday 8/8/15, enjoying some family time. In hopes that the Transfer Station, with its 2 newly hired personnel, would be able to stay up and running smoothly, Selectman Nadeau had told Mr. Patch he would "stop by and check on things" during the day to ensure that residents needs were being met. Patch stated that he heard that the Transfer Station was running smoothly all day on Saturday, and he is happy with the work ethic of new employee Roger Nault, and Patch's Grandson Jordan. When I asked Mr. Patch why Selectman Nadeau had stayed there 4 1/2 hours if things were running smoothly, he had no answer except for to state that it had not been planned, and that Selectman Nadeau received no payment for being there, saying that the Selectman was there for the day for at no charge to the town. He didn't seem to see a problem with that.

I explained to Mr. Patch that the problem came when no one had come to the Board to work this all out in advance, and that BOTH Selectman Nadeau AND Selectman Heath had put in hours TOGETHER at the Transfer Station that day. Mr. Patch stated that the two had not been there together that day, that they had come at different times, each being there about 4 1/2 hours of the 9 hour day of the Transfer Station operations. However, when I told Mr. Patch that Selectman Heath had indeed had been there during the time that Selectman Nadeau had been there and had been seen by several residents who reported this, Mr. Patch was surprised, but added that he didn't understand why the two friends being together at the Transfer Station would be such a big concern.

I had a long talk with Mr. Patch, discussing the different ways that this could have been handled and why what Selectmen Nadeau and Heath were doing was ILLEGAL and therefore WAS a concern. I gave an example of how a single phone call to Select Board Chairman Ben Thompson stating that the Transfer Station was without management on a Saturday and relating that Nadeau and Heath had offered to come in for the day, would have given Thompson notice, and it could have been discussed further. I related to Mr. Patch that the secrecy of the pair and then their failure even to disclose they had been there together during Monday 8/10's meeting, and their subsequent failure to explain why they were there, or somehow explain how the situation had occurred, despite residents questions, had left uneasy feelings as to the honesty and good intentions of the duo. A simple phone call to the Board Chairman, or prior mention during a Selectmen's Meeting, could have alleviated the situation and not led to three meeting's worth of "no comment" and non-answers. I also reminded Mr. Patch that had anyone been injured during the day, there would have been a lot of questions as to how a non-Transfer Station employee had been injured while WORKING off the clock. Or how a Road Crew member had been injured while working on his clock. Mr. Patch stated that he had assumed they would be covered as Selectmen and town employee, by the town's insurance had they been injured. He also added that he believed the two Selectmen were there under "good intentions", which struck a chord with me as those were exactly the words used by Selectman Heath when the indiscretion was first revealed.

The second question on residents' minds, was regarding the hours given to Road Crew Employee Mike Foisey on Saturday, August 8th. Mr. Patch told that his Grandson, Jordan, who is a per diem employee of the Transfer Station, also works per diem hours with the town's brand new hire, (Foisey), under Road Commissioner, Tom Torno. Jordan had been asked to come in to the Transfer Station for the day, and suggested to his Grandfather that his friend, Road Crew Member, Mike Foisey, be called to see if he could help out as well. Additional new Transfer Station hire, and long time family friend Jen Griffin could not work that Saturday, according to Mr. Patch, as her children are active in sports.

According to the Transfer Station Manager, who is also a former Town of Lebanon Selectman, he saw no problem with asking Foisey to come in for the day because Foisey is already on the town's payroll. This method of filling in needed employees, according to both Patch and Nadeau has been acceptable in the past.

I asked Ronnie if he had checked with the Road Commissioner to okay the use of a Road Crew employee and to check on the amount of hours he had already accrued that week, and he admitted that he hadn't. He just called Mr. Foisey and asked if he would like to come in and work for the day, knowing he was already a town employee and just assuming that it would be okay as it had always been in the past. When I related to the Transfer Station Manager that Mr. Foisey had already worked 30 hours for the Road Commissioner that week, and the additional hours would have placed him at 39 hours on a town payroll that requires employees work less than 35 hours per week, he admitted that he thought the hours for separate departments were counted separately, but that he had not checked with anyone to confirm that fact prior to calling Mr. Foisey.

In short, the "sinister" aspect of this entire Saturday at the Lebanon Transfer Station, has been revealed in TRUTH to have the possibility of being not quite so sinister on Mr. Patch's side of things, however, what the two Selectmen did, needs to be addressed time and time again as it IS ILLEGAL for the two of them to be together, especially if it is questionable as to whether or not they are trustworthy to not be discussing and deciding on actions that will concern the town's policies and finances.

Due to the "surprise" rapid fire motions, seconds and votes that have altered several larger town business transactions in the past 2 months since Selectman Nadeau's election, it is easily questionable as to whether the two, together in any venue, constitute a quorum of the Board of Lebanon Selectmen.

Under Title 1, General Provisions, Chapter 13 Public Records and Proceedings, Subchapter 1 Freedom of Access, whenever a quorum of the Board (meetings of two in the case of Lebanon's Board of three Selectmen) takes place, the public must be notified, the meeting must be open for examination and recording, and the third member of the Board must also be notified. It is then up to the public and the third Board Member whether or not they would like to attend said meeting.

It is not up to Mr. Patch to police this action as the Manager of the town's Transfer Station, but it is up to the pair of Selectmen to operate under Maine State Law and curb their actions and stop trying so hard to hide their get togethers.

Maine State law provides that any citizen can initiate a legal action in civil court if such clandestine meetings are taking place in their town. For every willful violation of this subchapter, the state government agency or local government entity whose officer or employee committed the violation shall be liable for a civil violation for which a forfeiture of not more than $500 may be adjudged.

I would think that catching the pair repeatedly and warning them of this $500 fine to the Town for each and every infraction, would curb their activity, however, the pair were heard on the video tape of the 8/17/15 meeting, just prior to Nadeau's leaving the building, discussing that they were meeting this morning, Tuesday, August 18th. When Select Board Chairman Ben Thompson questioned the pair as to whether or not they would be out doing some assessing work during their Tuesday time together, the only answer he was given was, "No, this is something else."

Perhaps Thursday's Select Board Meeting will result in yet another surprise out of pocket motion resulting from the "something else" happening with our two Board Members today.........

Stay tuned!!

 

Selectman Paul Nadeau (photo from Google Images)

 

Selectman Royce Heath (photo from Google Images)

 

 

 

 

State of Maine Encourages Transportation Network Drivers to be SURE Proper Insurance is in Place Before They Take Rides For Hire.

 

 

Insurance Superintendent Highlights New Law to Protect Transportation Network Company Drivers, Passengers and Others Using Roadways in Maine

08/11/2015 03:28 PM EDT

TNC Drivers Encouraged to Learn about and Comply with Law to Protect Themselves Legally and Financially

Insurance Superintendent Eric Cioppa is highlighting a new Maine law, the Transportation Network Company Insurance Act, and emphasizing that it will help to protect passengers, pedestrians and other motorists from losses in accidents involving Transportation Network Company (TNC) drivers. The legislation (LD 1379) became law June 30th, as part of Public Law 2015 Chapter 279. One TNC, Uber, began operating in southern Maine last year.

"Carrying passengers for a fee is commercial activity, and most personal automobile insurance policies do not cover commercial activities," Superintendent Cioppa said. "The new law addresses this gap and specifies the coverage requirements from the time a TNC driver logs into the company's digital network and while a passenger is in the vehicle."

The new law requires:

$1,000,000 minimum in bodily injury, death, and property damage coverage while "engaged in a prearranged ride."

a minimum of $50,000 per person and $100,000 per incident for bodily injury and death, and $25,000 for property damage while a driver is logged into the TNC's digital network but there is no passenger in the car.

at least $2,000 medical payments coverage at all times.

TNC drivers should keep in mind that these coverages are liability coverages. They do not cover damage to a driver's vehicle or the driver's personal injury or death.

TNC drivers and those thinking of becoming TNC drivers should also consider these points:

These mandatory coverages can be provided by the TNC, the driver, or a combination. Drivers need to read their TNC contract carefully to determine who is providing the required coverage.

Insurance companies providing personal auto insurance in Maine may exclude coverage for losses incurred when a driver uses his or her vehicle for income-related purposes. The new law reiterates this right. TNC drivers will have to know if this coverage is available through the TNC or their own personal automobile policy. If not, drivers should ask their personal auto insurer if TNC coverage is available by endorsement. Otherwise, drivers need to purchase their own commercial auto insurance in order to comply with the law.

Most vehicle loan agreements do not allow borrowers to transport passengers or goods for hire. Violations may lead to default under a vehicle loan even if the loan payments are up-to-date.

"A driver for a TNC who does not have the proper coverage is at considerable personal risk," Cioppa stated. "Anyone driving for Uber or a similar company in Maine, or considering doing so, should contact his or her insurance agent or company to understand what is required to comply with Maine's financial responsibility law."

Individuals are welcome to call the Property and Casualty Division of the Maine Bureau of Insurance at 800-300-5000 with questions about the new law and their existing policies. Individuals with questions about obtaining a permit to drive for a TNC should contact the Secretary of State's Office at 207-626-8400.

Attorney General Janet Mills Issues Statement Regarding Opinion of the Justices on Governor's Veto Actions

Maine Attorney General Janet Mills (from Google Images)

 

(AUGUSTA) The Maine Supreme Judicial Court today answered questions posed by the Governor regarding adjournments of the Legislature and his veto powers. Attorney General Janet T. Mills has issued the following comment regarding the Court's Opinion (OJ-15-2). http://www.courts.maine.gov/opinions_orders/supreme/lawcourt/2015/15me107oj.pdf

*"The Office of the Attorney General is pleased with the full and complete responses to the Governor's questions elucidated in the unanimous 47 page opinion today. The Opinion of the Justices is on all fours with all the research conducted by our Office and with the Opinion of the Attorney General of July 10, 2015. We are also pleased that the Court ruled expeditiously so as to avoid any further unnecessary debate and confusion. The answers to the Governor's questions are clear, unambiguous and completely consistent with his own past practice and with that of every other Governor in recent memory. Except when the Legislature has adjourned sine die, the Chief Executive has ten days (excluding Sundays) within which to return any bills with his objections. By his failure to do so, he has forfeited the right to veto any of the bills at issue."*

Attorney General Mills expressed her thanks to Deputy Attorney General Susan Herman and Assistant Attorney General Phyllis Gardiner for their efforts in this matter.

RESIDENTS QUESTION: What Happens to a Patient Revived with NARCAN After a Heroin Overdose?

Questions asked by a Lebanon resident today led to a fact finding mission and some very serious questions regarding heroin use in our area.
Now that NARCAN is on the market and available to reverse the effects of heroin overdose, just what does happen to the person who has overdosed once they are revived?
Are they transported to the hospital?
Are they arrested and tried for heroin use?
What is the next step after revival?
The answers may be interesting, scary, or hopefully of use to people who would like to have a voice or speak to their Representatives, Senators or United States Legislators.
My first phone call was to Frisbie Hospital's EMS Director Gary Brock. Since it was after 5 pm on a Wednesday evening, he was not available, but I left my name and phone number on his voice mail and hopefully he will call me back and I can update the information.
I then called Southern Maine Medical Center in Sanford (the former Goodall Hospital). The emergency room staff said they could try and answer my question, but when I asked them just what happens to patients treated with NARCAN, they said they were getting busy and advised me to call Biddeford on Thursday and speak to hospital administration.
I then called York Hospital and posed the same question to Sean in Customer Relations. His answer? "We can not answer that question Ma'am, have a nice day. I suggest you call your local EMS Department." and he hung up the phone.

Now wait just a minute!!
I was not rude. I gave each of these people my name and told them why I was calling.
But okay.
I called Lebanon Fire and EMS Department Chief Daniel Meehan. According to Chief Meehan, he has attended one overdose and revived with NARCAN in Lebanon since his arrival as Chief at the beginning of the year. He had me on speaker phone and was sitting with two other responders, one of whom (and I won't use their name without permission) said that he had attended three in Lebanon so far this year.
I asked the Chief my question about what happens to the patient after they are revived, and I was a little surprised at the answer. According to the Chief, the NARCAN is administered, the person wakes up from their stupor after 20-40 minutes, and at that point, the EMS personnel on duty TRY to talk them into going to the hospital to be monitored.
When I say TRY, it's because there is no way to force anyone to take an ambulance ride to the hospital for a heroin overdose.
According to Meehan, State Police also respond to calls for heroin overdoses in Lebanon, and once the person is revived and stable, if they refuse to go to the hospital, they are asked to sign off, and EMS leaves them in the hands of Law Enforcement.
"NARCAN isn't a permanent thing," said Meehan, "It's a quick fix, and the person can relapse. But it's completely a law enforcement issue once they're conscious and alert."
The next step in my quest for answers seemed logical enough. Call the State Police and find out what THEY do with the heroin users once they have been brought back with NARCAN and have refused the ambulance ride to the hospital for treatment.
I called the Alfred State Police Barracks who would cover Lebanon for such a case and asked to speak with Sgt. Shapiro, who is the officer in charge of overseeing crime in Lebanon. It was 5:53 pm and the young man who answered told me that Sgt. Shapiro was unavailable at the time. Thinking he might help me, I told him who I was and why I would like to know the answers.
According to the man on the other end of the phone, Maine has no set policy on how to deal with a heroin overdosed patient who is refusing hospital treatment. "It depends on who the officer is that's handling the case and what the circumstances are," he said.
I asked if it were still against the law to use heroin and he asked again who I was and why I was asking. And I answered.
The young man stated that Maine State Law gives no set policy that tells what is supposed to happen, or any set procedure on what a Trooper is supposed to do once a patient is revived with a heroin overdose.
I thanked him for his time and asked him for his name, at which time he said, "Why do you want to know?"
I told him that I was giving this information out to people in the town of Lebanon, Maine and I wanted to be able to state who had given me the information.
He answered, "I don't need to give you my name, have a nice day," and for the second time in less than an hour, I was hung up on.

I did do a little bit of internet investigation, and I haven't found anything in Maine Law that speaks specifically to a heroin overdose. While it is a crime to possess the drug, it's questionable to the policy or procedure of what to do with a patient who has possessed the drug, but who no longer has the drug, after ingesting or taking it intravenously.
I did find a reporter with WLTW in Cincinatti, Ohio who was doing research on this very issue and after over 1,000 hours of investigation and research, was no closer to the answer that I am after a couple of hours.
Perhaps the laws defining the use of heroin or other substances needs to be a bit more clear.
Many of the people suffering from heroin overdoses do not have insurance, or adequate insurance to cover an ambulance ride to the local ER, or to pay for the ER visit at the local hospital. So who winds up paying the bill for the EMS crew, and the administration of NARCAN? I'm assuming it's us, the taxpayer. Although I can't seem to get a definitive answer on that yet.
Many of the people treated with NARCAN have overdosed several times and their addresses are known to EMS officials and law enforcement departments. However, there seems to be either a limit on what law enforcement can do, or the need for some type of new policy, procedure or law defining what happens to the overdose victim.
Please rest assured that I will continue my search for answers to this question on Thursday, hopefully following up with Mr. Brock at Frisbie Hospital EMS, and perhaps getting a telephone call back from Sgt. Shapiro with the Maine State Police.
Stay tuned!!!

Governor LePage to Convene Experts to Address Maine’s Drug Crisis

 

AUGUSTA – Governor Paul R. LePage will convene in August a group of top officials from state, local and federal law enforcement agencies, addiction treatment and recovery advocates and other experts and professionals to address the deadly drug epidemic facing Maine. The call to action by Governor LePage came immediately after learning about 14 heroin overdoses in Portland, all of which occurred in a 24-hour period of time.
Governor LePage will hold a summit later this month with a variety of experts from state, local, and federal law enforcement agencies, substance abuse treatment centers, the medical community and others to focus on ways to make an impact in the fight against heroin trafficking and addiction in Maine.
In a letter sent Wednesday to Legislative leadership, Governor LePage urges lawmakers to reconsider allocating funding for much needed resources to combat the State’s drug problem. “The national and state media is finally paying attention to Maine’s drug crisis, and we are hearing stories on a daily basis about overdoses from heroin and other opiates. You must take action now to stop the flow of this deadly poison into our state,” he wrote.
The original biennial budget submitted by Governor LePage included funding for 4 new District Court Judges within the Judicial Branch, 7 Investigative Agents in the Department of Public Safety and 4 Assistant Attorney General positions within the Office of the Attorney General. The Legislature provided only half of those resources.
“How many more Mainers must die before you commit the resources we need to fight this drug epidemic? Deaths from heroin quadrupled from seven in 2011 to 28 in 2012, then went up to 34 in 2013 and surged to 57 last year. Even more alarming is the rising number of overdose deaths involving fentanyl, which is 40 times stronger than heroin and is often combined with heroin without the user’s knowledge. Fentanyl-related deaths have increased dramatically from 9 to 43 from 2011 to 2014,” stated Governor LePage in the letter.
Funding for these critical positions is needed to combat the increased threat to health and public safety of Mainers. Adequate resources within law enforcement and the judicial branch, combined with treatment and recovery, will help prevent and treat the devastating effects deadly drugs, especially heroin, has on thousands of families and individuals in Maine.

Maine Secretary of State Opens Public Comments for Clean Elections November Ballot Question‏

Maine Secretary of State Matthew Dunlap

(photo from Google)

 

AUGUSTA - Public comment is now being accepted for the citizen's initiative that will appear on the ballot this November, Secretary of State Matthew Dunlap announced Thursday.

The proposed citizen's initiative ballot question, which will be Question 1, is entitled "An Act to Strengthen the Maine Clean Election Act, Improve Disclosure and Make Other Changes to the Campaign Finance Laws." It is currently proposed to go before Maine voters at the Nov. 3, 2015 referendum election, worded thusly:

"Do you want to change Maine law to allow publicly financed political candidates to qualify for additional funds under certain circumstances, to improve the disclosure of who pays for political ads, and to increase penalties for violations of campaign finance law?"

Per state law, Secretary Dunlap is charged with presenting the question "concisely and intelligibly." He will be accepting public comments regarding the question's form and content for a 30-day period, until 5 p.m. on Friday, Aug. 28.

Written comments may be submitted via email, mail or in person:

• Send email to and use "public comment" in the subject line
  
  
• Mail comments to the Secretary of State, Attn: Public Comment, 148 State House Station, Augusta, ME 04333-0148
  
  
• Drop off written comments to the office of the secretary of state at the Nash School Building, 103 Sewall St., 2nd floor, Augusta, Maine.

The full language of this citizen's initiative, which is on file as Legislative Document 806, can be viewed online at http://www.mainelegislature.org/legis/bills/bills_127th/billtexts/IB000101.asp .

Governor Signs Critical Transportation Bond Bill to Improve Infrastructure and Create Jobs

Governor Signs Critical Transportation Bond Bill to Improve Infrastructure and Create Jobs

07/06/2015 11:24 AM EDT

AUGUSTA - Governor Paul R. LePage signed into law LD 1415, An Act To Authorize Two General Fund Bond Issues To Improve Highways, Bridges and Multimodal Facilities, which authorizes an $85 million bond package for transportation projects that will improve infrastructure, promote economic development and create jobs in the State of Maine.

The Governor signed the bond bill on Wednesday, July 1, and voters will consider approving the measure in November.

"This critical investment of $85 million into Maine's transportation system will assure thousands of contractors and construction workers with long-term job security and continuing paychecks, and in turn will strengthen Maine's infrastructure and economy," said Governor LePage.

The bond ensures safe travel for residents and tourists alike. Investments include $17 million to construct, reconstruct or rehabilitate high-priority highways; $46 million for bridge replacements and rehabilitation; and $17 million for ports, harbors, marine transportation, aviation, transit and freight and passenger rail.

"This bond is critical for the State to deliver on its current Work Plan commitments, which keep our transportation system strong," said Governor LePage. Furthermore, this bond package strengthens improvements to the International Marine Terminal in Portland to support the new transatlantic shipping line (Eimskip) recently established in Maine's largest city. This international connection benefits core Maine industries like fishing, agriculture, and forest products.

"The citizens of Maine have always recognized the importance of a solid, well-built well maintained transportation infrastructure," said Maine Department of Transportation Commissioner David Bernhardt.

"I am confident when asked in November, the voters will continue to allow us to strengthen Maine's economy and build a transportation system that will benefit generations to come," concluded Commissioner Bernhardt

 

 

Maine Forest Service Set to Enforce State Firewood Ban For July 4th Weekend.

Maine Forest Service to enforce

State firewood ban this holiday weekend

 

 

Department Forest Rangers will inspect vehicles registered from outside Maine for firewood to help protect forests from destructive insects

AUGUSTA — The Maine Department of Agriculture, Conservation and Forestry’s Maine Forest Service will be present at several key visitor locations this Thursday and Friday, July 2-3. “Maine’s Rangers are working this holiday weekend in order to promote understanding and enforcement of Maine’s ban on imported firewood,” said Commissioner Walt Whitcomb. “The ban addresses the significant risk posed by movement of untreated firewood that may contain destructive insects.” 

The ban on imported firewood is part of a broader initiative within the Department to protect Maine’s forests and farms from new and exotic pest threats. The Forest Health & Monitoring program and the Bureau of Agriculture’s Animal and Plant Health program actively survey for known and potential pest threats, conducts trainings and public outreach to recognize and report potential pest threats. 

WHERE: Several key visitor locations (Contact Jeff Currier for exact locations)

WHEN: Thursday and Friday, July 2-3

WHO: Maine Forest Service Rangers

Maine Forest Service Rangers will inspect visible loads of firewood being carried by vehicles registered outside of Maine. They will talk to visitors about exotic pest threats, provide information to visitors, answer questions and hand out brochures. Illegally imported firewood will be confiscated. They will also have an increased presence at prominent private and public campgrounds over the holiday weekend.