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

Some Lebanon Building Code Information.... The Facts, Ma'am, Only the Facts.

Not ever having to deal with following building codes, LMTS has been trying to dive into this debate and figure it out for myself.
Since I'm figuring things out for myself, I thought I would share my findings on the page and hopefully answer some of the questions out there about the Town of Lebanon Building Code, the MUBEC Building Code, when MUBEC should have been enacted, who should have known and didn't, and maybe stop some of the finger pointing and arguing over which building code should be being enforced within the town of Lebanon.

First let's reference the old Building Code for the Town of Lebanon Maine as provided by Lebanon Town Clerk Mandy Grenier.

This document follows, along with its consecutive amendments...........



BUILDING CODE ORDINANCE
TOWN OF LEBANON, MAINE

Sec. 1. Administration
   The Selectmen, assisted by the Code Enforcement Officer shall be the administrative officers of this ordinance. The CEO shall receive applications for permits allowing the erection, alterations, or change of use of buildings, as provided in this ordinance; shall keep complete records of all applications and the action taken on the applications, promptly survey and inspect ail buildings, alterations or use proposed, and may issue permits for erection, alterations or change of use of ail buildings, if in their opinion the proposal complies with the law of the State, this ordinance and bylaws.

Sec. 2. Permit Required
   No building construction shall be started; no alterations of existing buildings that will increase floor or height measurements, and no building shall be put to any different use than on the day of enactment of this ordinance, until a permit thereof has been issued under the terms of this ordinance. Any building that is moved from one location to another shall comply or be altered to comply with this ordinance within one (1) year after relocation.

Sec. 3. Permit Application Procedure; Fees
   No application for a permit required by this ordinance shall receive action by the Code Enforcement Officer unless made in writing. All applications for a permit to build, construct, or alter any building, shall be accompanied by a sketch or plan of the proposed
building or alteration.
A building permit shall become void upon completion of work for which the permit was issued or two (2) years from date of issue. Work incomplete upon the expiration of the permit shall he considered a violation of the Building Code, and shall be subject to the provisions of Section 8, Enforcement (unless covered by a renewal permit). Extension of each permit or each renewal permit shall not be valid for a period of more than one (I) year.
A building permit shall become void unless operations are commenced within six (6) months from the date of approval. An extension permit may be granted.
NO permit shall be transferable from any applicant to any other person or corporation.

....Effective March 20, 1989 —The new rates for construction permits are as follows:
20C per square foot of Dwelling or commercial floor space. IOC per Square foot of utility floor space.
A. All other construction requiring permits, including chimneys at a rate of $2.00 per Thousand of Estimated cost with a minimum fee of $20.00"
B. Additions & Altergtions: $4.00 per thousgn4 @rSingle familv residential & S8.OO per thousand
commercial.
C. Include additions with new construction & increase square foot cost of,constructien .40 cents for sinqle family. residential & .75 cents commercial.
D. include fees for startinq construction without a permit, to be double the permit fees or SIOO.pq
whichever is greater.
E. Assess re-inspection fees $25.00 to be paid prior to the next scheduling of an appointment.

Sec. 4. Consideration of Application
Upon receiving such application the Code Enforcement Officer (CEO) shall promptly take such action as may be indicated in the way of investigation or public hearings, to acquaint himself with the merits of the application. If the CEO finds the proposed building, alteration, or use of building, to conform with the law and this ordinance, the CEO may at once issue the permit in writing. If the CEO finds the proposal in any conflict with the law or this ordinance he shall fix whatever restrictions or conditions on the proposed construction or use, as may be in the best judgment, right and proper, or for reasonable cause refuse the permit.
If no action is taken by the CEO within thirty (30) days from the date of the applications the permit shall be considered refused. Any oversight or neglect of duty on the part of the CEO, Code Enforcement Officer, shall not legalize the construction, alteration, or change of use of any building which is regulated by this ordinance.

Sec. 5. Building Standards
No building or structure shall be erected, altered, rebuilt, or relocated unless in compliance with the following:
a,Garages. No public garage having any service or repair enterprise shall be erected or enlarged unless the new construction be of noncombustible material.
b. Trailer Additions. All additions must comply with this building ordinance. Any mobile home or trailer cannot be used as an addition to a dwelling house or mobile home that is used as a dwelling.
c. Roofs. No roof of any building shall be covered or recovered in whole or in part save with noncombustible or fire resistant roofing materials.
d. Chimney Construction. No chimney shall be built, erected, or altered below the roof unless containing a tile lining and with an iron clean-out door at or near its base, and shall extend at least two (2) feet above the roof. No chimney shall be built erected, or altered below the roof having wood or other combustible materials within two (2) inches of the chimney. All chimneys must be constructed of masonry from the ground up on a solid masonry base.
e, Foundation, All structures shall be set on solid foundations of cement, brick, stone, or other acceptable masonry, except that in special cases where the buildings are to be used for accessory or seasonal use, the CEO may waiver the requirements of this section and permit the use of wood, metal or masonry piers, provided that the crawl spaces on seasonal dwellings are enclosed by latticework.
f. Minimum Building Area, Every dwelling unit to be used by a single family shall have a minimum ground floor area equivalent to twenty by twenty-five feet (20' x 25') in dimensions.
g. Outside Walls. Outside walls shall be constructed of material commonly used for outside construction, and materials customarily painted shall be painted. Tarred or roofing paper shall be permitted only as a temporary covering. Permanent siding shall be applied before expiration of the permit.
h. Sewerage. All newly constructed dwellings, commercial, public or industrial buildings, and all mobile homes and trailers used
as dwellings, shall be connected to or provided with a septic tank type sewerage disposal system.
i. Change of use. The use of any building may be changed provided it complies with all the regulations of this ordinance, and does not detract from local property, or cause a nuisance or menace.
j. Exceptions. The construction of small accessory buildings not used for dwelling purposes, together with minor alterations, repairs and general upkeep of existing buildings; shall be exempt from the provisions of this ordinance, provided in the opinion
of the Selectmen, this construction, minor alterations, repairs, and upkeep, does not cause an unsightly appearance or nuisance.
k. Bearing or Exterior walls shall be at least two (2) by four (4) inch studs sixteen (16) inches on center. Outside corner post shall be the equivalent of not less than three (3) pieces of two (2) by four (4) inch studs, braced by not less than one (I) piece of one (I) by four (4) inch continuous diagonal brace from shoe to plate let into studs. Bracing may be omitted when plywood sheets four (4) by eight (8) feet panels are used.
Non Bearing partitions. Studs in nonbearing partitions shall not be spaced more than twenty-four (24) inches on center. This applies to interior walls only.
Framing Over Openings - All openings in exterior and interior walls, windows, doors and fireplaces shall have headers made up
of:
30 inch opening or less.
30 to 48 inch.
48 inches to eight feet.
8 feet to 12 feet.
12 feet to 16 feet,
At least two (2), two (2) by four (4) inches nailed together.
At least two (2), two (2) by six (6) inch nailed together.
At least two (2), two (2) by eight (8) inch nailed together.
At least two (2), two (2) by ten (10) inch nailed together.
At least two (2), two (2) by twelve (12) inch nailed together.
Floor Joist shall be spaced not more than sixteen (16) inches oncenter and shall be at least two (2) by eight (8) inch stock.
Roof Rafters shall be spaced not more than sixteen (16) inches on center and shall be at least two (2) by six (6) inch stock.
Exception: Roof trusses prefabricated may be two (2) by four (4) inch properly nailed with gussets sixteen (16) on Center.
Mobile homes and trailers shall be exempt from the foundations provisions of this ordinance. Mobile homes and
Trailers may be exempted from the minimum ground floor area regulation, if in the opinion of the CEO. the area is adequate for the number of residents involved.
The area of enclosed porches on lake-shore seasoned dwellings shall be considered as part of the ground floor area.

** AMENDMENT TO BUILDING CODE ORDINANCE
ARTICLE 5, SECTION F
MINIMUM BUILDING AREA
Every Dwelling unit to be used by a single family shall have a minimum living area of 720 square feet. ( The temporary accommodation of an additional family member e.g. mother-in-law in a studio apartment, so-called), shall not be considered a separate dwelling unit.
** Amendment adopted by Town Meeting vote on March 14, 1987.

*** AMENDMENT TO BUILDING CODE ORDINANCE
ARTICLE 5, SECTION F
MINIMUM BUILDING AREA
Definition of in-law/studio apartment: A small apartment consisting of one main living space, a small kitchen and a bath.
An in-law/studio apartment is created by converting part of an existing single-family dwelling into a separate dwelling unit with only one bedroom, which is accessory to the single-family use. The accessory apartment shall conform to all of the following standards:
A. The accessory apartment shall not have a separate, identifiable front entrance.
B. The accessory apartment shall not alter the single-family character of the structure. The principal unit in the structure shall be occupied by the owner, and the owner shall file a declaration with the CEO indicating that the in-law shall not be used as a rental unit. Continiued occupancy of the accessory apartment upon sale or transfer of the property shall be conditioned upon the new owner agreeing to the owner occupancy requirement.
*** Amendment adopted by Town Meeting vote on June 9, 2009.

AMENDMENT TO BUILDING CODE ORDINANCE
SECTION 3
PERMIT APPLICATION PROCEDURE (FEES)

Minimum Building Fees for single family residential: $40.00 Commercial: $50.00
Additions and alterations: $4.00 per thousand for single family residential and $8.00 per thousand commercial.
Include additions with new construction and increase square foot cost of construction .40 cents for single family residential and .75 cents commercial.
Include fees for starting construction without a permit, to be double the permit fees or $100.00, whichever is greater.
Assess re-inspection fees of $25.00 to be paid prior to the next scheduling of an appointment.
**** Amendment adopted by Town Meeting vote on June 8, 2010.



Okay, so we can clearly see that the original Lebanon Building Code was enacted in the late 1980's with the last amendment added on June 8, 2010..........

So now the Maine State Law that references the use of MUBEC as universal building code for Maine towns.........

 

Intro/Brief: 

After the legislative establishment of the Maine Uniform Building and Energy Code (MUBEC) in April 2008 by LD 2257 (enacted as P.L. 699), the Bureau of Building Codes and Standards (within the Department of Public Safety) has issued regulations setting the 2009 IECC and ASHRAE 90.1-2007 as the mandatory energy standards for residential, commercial, and public buildings statewide.

The MUBEC is effective June 1, 2010. There will a six-month transition period during which towns may still enforce their previous codes. Among the new rules:

• Towns with a population of 2,000 that had a building code on August 1, 2008 will be required to begin enforcing the code December 1, 2010.
• Towns with a population of 2,000 that did not have a building code on August 1, 2008 will be required to begin enforcing the code December 1, 2012.
• Towns with a population under 2,000 are not required to enforce the code.
• The MUBEC replaces all local municipal building codes. Cities and towns may not amend any MUBEC provisions, even to make it more stringent.
• Enforcement is the responsibility of local jurisdictions. Municipalities without a CEO certified by the State Planning Office may authorize a Third-party Inspector to conduct compliance inspections and prepare a report to be given to the municipal CEO as an application for the Certificate of Occupancy.

As we can clearly see, included in the "intro" section, MUBEC was effective on June 1, 2010, and the Maine State Law calls for it to have been in place in towns with over 2,000 residents (The Town of Lebanon) on or before December 1, 2010 as the town had an active Building Code in place since at least the 1980s.

With all the hoopla about $800 Building Permits, let's go back to the original Lebanon Building Ordinance. The cost of $4.00 per square foot was enacted in an amendment (Referenced above as Section 3) on June 8, 2010. So in reality, all New Construction Building Permits should have been being charged this way for the last 6 years.

So now the question becomes whether or not current Code Enforcement Officer, Mike Beaulieu is correct in penning the proposed new Building Ordinance, calling for the town voters to move to fall into compliance (legally, as in, actually in writing), and follow MUBEC Building Code, like we should have been since December of 2010, or we continue on with nothing in writing to document that change, but also nothing in writing to show that we have legally moved to fall into enforcement of Maine State Law.

This decision is completely up to the Voters of the Town of Lebanon.

If we choose to do nothing, the old Building Code remains on the town books and is not overturned and we comply to Maine State Law silently, as mandated.
If we vote to enact, the fees will remain the same as they have been since 2010, and the Town of Lebanon has a legal Ordinance on the books showing our compliance with MUBEC, and merging with the same fee schedule voted in back in 2010. 

As we make this decision, it is important that as many people as possible look at and review the proposed NEW Lebanon Building Code, in the same place as the old one. So below, please read and review the proposed Lebanon Building Code.



Maine Uniform Building and Energy Code Administrative Ordinance -
Town of Lebanon, Maine

I. Title.
This ordinance shall be known and may be cited as the "Maine Uniform Building and Energy Code Administrative Ordinance" of the Town of Lebanon, Maine.

2. Purpose and Authority
The purpose of this Ordinance is to establish administrative and enforcement provisions in relation to the Maine Uniform Building and Energy Code (MUBEC). The Town has authority to enact building code provisions relating to local enforcement, per MRSA Title 10 9724(5).

3. Code Administration
In accordance with MRSA 25 2373, the MUBEC must be enforced in the Town of Lebanon beginning July 1, 2012. The Town is required to enforce the MUBEC through inspections that comply with the code. A copy of MUBEC is and shall remain on file with the Town Clerk and is available for public use, inspection and examination. Enforcement of the MUBEC will occur through inspections by the Code Enforcement Officer for structures covered under the International Residential Code and through third-party inspectors for structures covered under the International Building Code. The MUBEC shall be administered within the Town of Lebanon by the Code Enforcement Officer.

4. Duties of Code Enforcement Officer
The Code Enforcement Officer's duties shall be as outlined in the MUBEC, and shall include but are not limited to:
a. Receive permit applications, examine construction documents and issue permits for the erection and alterations of buildings and structures.
b. For structures covered by the International Residential Code, the Code Enforcement Officer shall inspect premises for which permits are issued, make all required inspections, or accept reports of inspection by approved agencies.
c. For structures covered by the International Building Code, the Code Enforcement
Officer shall receive certified reports from Third - Party Inspectors as outlined below.
d. Enforce compliance with the provisions of the code and issue notices or orders to ensure compliance, including suspending or revoking permits.
e. Render interpretations of the MUBEC and policies and procedures to clarify the application of its provisions.
f. Keep official records, applications received, permits and certificates issued, .fees collected, reports of inspections by the Code Enforcement Officer and Third - Party
Inspectors, as well as notices and orders issued.
g. Impose any applicable fees and ensure proper payments have been made before or upon issuance of any permits
h. Refer permits requiring subdivision, shoreland zoning or floodplain review to the Planning Board as required.
i. Investigate complaints and act on violations as outlined herein.
j. Issue Certificates of Occupancy as per 25 MRSA 2357-A and the MUBEC.

5. Building Permits Required
The construction, alteration, repair, removal, demolition, occupancy and maintenance of all buildings and structures shall comply with the MUBEC. Building permits are required as per the
MUBEC and shall become void upon completion of work for which the permit was issued or one
(I) year from date of issue. An extension of the permit may be granted by the Code Enforcement Officer upon written request to the Code Enforcement Officer made prior to the expiration.

6. Building Permit Application
Application for a building permit shall include the following:
a. Identify and describe the work to be covered by the permit for which application is made.
b.Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work.
c. Indicate the use and occupancy for which the proposed work is intended. Be accompanied by construction documents and other information as required by MUBEC.
d. State the estimated valuation of the proposed work.
e. Be signed by the applicant or the applicant's authorized agent.
f. Give such other data and information as required by the building official.
g. For structures covered by the International Building Code — Include certification of a contractual arrangement between a Third-Party Inspector and the building owner A copy of all required State of Maine Fire Marshal's building permits.
h. Be accompanied by the required fee as set forth below.

7. Permit Approval.
The Code Enforcement Officer shall examine applications and shall within seven (7) days either issue the requested permit or provide a written notice of refusal to the applicant stating the reasons therefore. All additional permits required for the proposed projects shall be obtained
prior to issuance of the building permit.

8. Fees.
Upon submission of an application, the applicant shall pay a non-refundable application fee. No building permit shall be issued until all fees due have been paid. All fees required by this
Ordinance are outlined as follows...
A. Minimum Building Fees for single family residential: $40.00 Commercial: $50.00
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 and .75 cents per square foot commercial.
C. Fees for starting construction without a permit shall be double the permit fees or $100.00, whichever is greater.
D. Re-inspection fees of $25.00 shall be paid prior to the scheduling of an inspection appointment.

9. Inspections.
In accordance with the MUBEC, for structures covered by the International Residential Code, upon notification the Code Enforcement Officer shall make the required inspections and shall either indicate the portion of the construction that is satisfactory as completed, or shall notify the permit holder wherein the same fails to comply. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the Code Enforcement Officer. Work shall not be done beyond the point indicated in each inspection without first obtaining the approval of the Code Enforcement Officer.

10. Third-Party Inspectors (as defined in MRSA 25 2371).
For structures covered by the International Building Code, certified reports from third-party inspectors, as outlined in 25 MRSA 2373(4), shall be submitted to the Code Enforcement Officer prior to obtaining a certificate of occupancy as required in 25 MRSA 2357-A. Such third-party inspections shall be obtained pursuant to independent contractual arrangements between the building owner and a third-party inspector.

11. Permit Modifications.
After issuance, any modifications to a permit shall require a revised permit application and a revised permit prior to beginning work.

12. Certificate of Occupancy.
No Building or structure that is the subject of a building permit or change of use of permit shall be used or occupied until the Code Enforcement Officer issues a Certificate of Occupancy per 25
MRSA 2357-A and in accordance with the MUBEC. For structures covered by the International Building Code, the Code Enforcement Officer shall issue a Certificate of Occupancy based on receipt of a satisfactory inspection report by a certified third-party inspector.

13. Enforcement.
Enforcement and penalties shall be consistent with 30-A MRSA 4452. It shall be unlawful to erect, construct, alter, extend, repair, move, remove, demolish or occupy any building, structure or equipment regulated by the MUBEC without a building permit, or cause the same to be done, in conflict with or in violation of any of the provisions of the MUBEC. If the Code Enforcement
Officer finds that any of the provisions of this Ordinance are being violated, the Code
Enforcement Officer shall serve a notice of violation on the person responsible for the violation. Such notice shall direct the discontinuance of the illegal action or condition and the abatement of the violation. The Code Enforcement Officer shall be responsible for initial efforts to enforce the provisions of this Ordinance as set forth in 30-A MRSA 4452.

14. Penalties.
Any person, firm or corporation owning or having control of any building or premises or part thereof who violates any of the provisions of this Ordinance commits a civil violation and is subject to civil penalties under 30-A MRSA 4452. Each day such violation or failure to comply is permitted to exist, after notification by the Code Enforcement Officer, shall constitute a separate violation. All fines shall be paid to the Town of Lebanon.

15. Appeals.
In accordance with MRSA 25 2356 and MRSA 30-A 4103(5) and the Board of Appeals
Ordinance, an appeal may be taken in writing from any order or decision of the Code Enforcement Officer to the Board of Appeals. Fees for appeals shall be established by the Appeals Board Ordinance.

16. Savings Clause.
If any provision of this Ordinance is found by a court of competent jurisdiction to be invalid, this finding shall not affect the remainder of this Ordinance. All inconsistent ordinances previously adopted are hereby repealed.


The choice is still up to the Voters of the Town of Lebanon and your voice will be heard in your vote on May 10, 2016 when you mark your ballot at the Lebanon Town Vote.
Thank you for giving a moment of your time in order to read the information and educate yourselves to the changes proposed for your town's Building Code Ordinance.

Lebanon Board of Selectmen Enact New Town of Lebanon Ethics Policy at Monday Evening Meeting

TOWN OF LEBANON, MAINE
Ethics Policy
Established May 2016
Ethics Policy
The Maine State Legislature through Title 30-A, Chapter 141, Section 3001 grants the Lebanon Board of Selectmen the authority to develop and administer an ethics policy that is binding upon every officer, official, employee, any person who represents or acts on behalf of the Town, any appointed or elected individuals of the Town of Lebanon as well as those who serve in the public trust of the Town of Lebanon. This Ethics Policy Handbook shall be in supplement to the Town Personnel Policy handbook, and shall include four parts written, maintained, and named as follows: Ethics Policy, Ethics Procedure, Ethics Disclosure Conflict of Interest, Ethics Disclosure Acknowledgement of Policy.
Statement of Purpose.
Public office is a public trust. The trust of the public is essential for
government to function effectively. Public policy developed and administered by municipal officials and employees affects every citizen of the Town of Lebanon, and it must be based on fiscal responsibility, transparency, honesty, integrity and fairness in deliberations and decisions. This process must be free from favoritism, threats, undue influence and all forms of impropriety, including the appearance of any of
these, so that the confidence of the public is maintained at all times. By enacting this policy and program, the Town of Lebanon seeks to avoid any loss of trust and to maintain and increase the confidence of its citizens in
the integrity and fairness of their government.
Application.
This policy and program is applicable to and binding upon every officer, official, employee, any person who represents or acts on behalf of the Town of Lebanon, and every member of any boqrd, commission and those who serve in the public trust of the Town of Lebanon.
Expectations.
It is expected that all Town of Lebanon officials, whether elected or appointed, and all Town employees, whether full, part-time, on-call, or
volunteers in all departments, and any consultants or contractors providing service to the Town shall conduct themselves at all times with the highest degree of personal and professional integrity. Examples of these expectations include but are not limited to the following:
1. No person(s) bound by this policy shall solicit or accept any gift, service or favor from any person who, to his or her knowledge, is interested in any pending matter within such official or employee's official responsibilities.
2. No person(s) bound by this policy shall take any official action upon any matter in which he or she or any family member has an interest that is in conflict with the proper discharge of his or her duties or employment in
the public interest, or of his or her responsibilities as prescribed by the laws of this state. No person(s) bound by this policy shall participate in any matter where there exists an actual, potential, or perceived conflict of interest. For additional information please reference MRSA TITLE 30-A
Section 2605 and the Town of Lebanon's policy regarding conflicts of interest as it applies to any Town official or employee.
3. Any person in public service who:
a) has a direct or indirect financial interest in any matter regarding
which such person has or may have any official duties or
b) for whom any family member has an interest that is in conflict with
his/her duties or employment in the public interest,
Shall disclose that information to the Board of Selectmen, who shall record such information in their official minutes.
4. No person(s) bound by this policy or board or commission member shall influence or attempt to influence the outcome of any matter before a town board or commission independent of that board or commission's established procedures or practices. Such undue influence includes but is not limited to: discussions with a petitioner or applicant to a town board or commission outside of board or commission meetings or allowed procedures, or with other groups or individuals attempting to influence the outcome of an issue.
5. No person bound by this policy shall disclose confidential information concerning Town affairs, nor shall he or she use such information to advance his or her own personal or financial interests or those of other persons.
6. The Town of Lebanon is committed to maintaining an atmosphere free from personal animosity that impairs impartial judgment. Intimidation;
retaliation, or discrimination in all its public or private dealings involving employees, officials (elected or appointed), contractors, consultants, residents and members of the public may result in disciplinary action, termination, or recall as applicable.
7. All person(s) bound by this policy shall strictly adhere to the expectations of this policy in all social media activity whether it be starting an original thread or post or commenting on threads or postings previously established. (Refer to Maine Townsman July 2013, p. 35 as needed)
This policy is not intended to infringe on the rights of municipal employees or officials otherwise permitted by law.
A procedure (see Lebanon Ethics Procedure) is in place for the reporting of any situation that does not meet the above expectations or is otherwise in conflict with the Lebanon Ethics Policy Statement of Purpose.
Compliance.
The Ethics Policy and Program of the Town of Lebanon, as well as_the personal and professional conduct of all Town officials: employeesl contractors and consultants. shall comply at all times with applicable state law, the policies and ordinances for the Town of Lebanon, and any other
applicable regulations. Where there is a conflict between this Policy and any portion of any collective bargaining agreement with any union local representing Town of Lebanon employees, the language of that agreement shall prevail.
Severability.
If any portion of this Policy is determined to be inappropriate or unenforceable, the remainder of the Policy shall not be affected.
Policy Administration:
Responsibilities of the Board of Selectmen:
The Board of Selectmen of the Town of Lebanon are designated the officers in charge of administration and interpretation of the Lebanon Ethics Policy.
They will:
l. Provide new Town officials, employees, and those who serve in the
public trust of the Town of Lebanon a written copy of The Lebanon Ethics
Policy and The Lebanon Ethics Procedure, Acknowledgement of Policy and Disclosure of Conflicts of Interest.
2. Review The Lebanon Ethics Policy and The Lebanon Ethics Procedure with new Town officials, employees, and those who serve in the public trust of the Town of Lebanon.
3. Secure the signature of Town Officials, employees, and those who serve in the public trust of the Town of Lebanon on the Acknowledgement of Policy and Disclosure of Conflicts of Interest upon initial assumption of their respective positions and annually thereafter in June.
all—forms returned undet the control of the
4. Main an cöPiéS—df
Selectmen and a record regarding information from all respondents for the current year (including a record of those who declined to sign).
5. Receive, research, and act upon any concerns or complaints with respect to compliance with this policy in a timely manner.
6. Implement the process outlined in the Lebanon Ethics Procedure to ensure a response to any ethics issues raised within ten (10) working days. The Chair of the Board of Selectmen or Designated Alternate may use his/her discretion in obtaining additional resources or assistance as needed.
TOWN OF LEBANON, MAINE
ETHICS DISCLOSURE
May 2016
Conflicts of Interest
I understand that I have a continuing obligation to report promptly to my supervisor or the Chair of the Board of Selectmen all situations in which an actual or potential conflict of interest exists, or any situation that might have the appearance of being or creating a conflict of interest. I have described below any current or potential conflicts of interest as discussed in the Ethics Policy of the Town of Lebanon.
I do not have any actual or potential Conflicts of Interest to disclose.
OR
I do, or may have, an actual or potential Conflict of Interest described below:
Nature of the conflict(s):
List any actions that have been taken to mitigate or resolve the conflict(s).
Signature
Print Name
Position Date
TOWN OF LEBANON, MAINE
ETHICS DISCLOSURE
May 2016
Acknowledgement of Policy
I hereby acknowledge that I have received a copy and understand the importance of the Ethics Policy, Procedures, and Disclosures of the Town of Lebanon, Maine.
I agree to abide by these Policies.
I understand that I have a responsibility to ask for policy clarification, as/if needed, and that violations of the Town of Lebanon's Ethics Policy may lead to disciplinary action up to and including termination, as permitted by law.
Signature
Name
Position Date
TOWN OF LEBANON, MAINE
Ethics Procedure
May 2016

1. Any person may file a written ethics concern.
   A. In the event that the ethics concern relates to the conduct of the Chair of the Board of Selectmen, the Board of Selectmen will designate an alternate ("Designated Alternate").
If the Board can not agree as to a Designated Alternate, the Town Clerk shall break the tie.

2. An ethics concern may be submitted in writing or communicated verbally (if appropriate) to any of the following persons:
   A. The Chair of the Board of Selectmen or Designated Alternate
   B. Any Board Chair, department head or supervisor who shall report the concern to the Chair of the Board of Selectmen or Designated Alternate.
   C. Any member of the Board of Selectman or Designated Alternate if a complaint or concern involves the Chair of the Board of Selectmen personally.

3. All matters associated with an ethics concern in regard to an employee or appointed personnel shall be processed confidentially in executive session unless specified by this procedure.

4. Upon receipt of a complaint, the Chair of the Board of Selectmen or
Designated Alternate shall present the complaint to the Board of Selectmen who will evaluate the issue raised and determine if the issue raised is subject to the Lebanon Ethics policy.
   A  If the Board determines that the issue raised in the complaint is not subject to this policy, the Chair of the Board of Selectmen or Designated Alternate shall notify the complainant and the Board of Selectman in writing. A record of this complaint will be maintained in the Town Office.
   B. If the Board determines that the issue raised in the complaint is subject to this policy, the Chair of the Board of Selectmen or Designated Alternate shall:
      1. Notify the respondent (subject of the complaint) of the nature of the issue and the right to submit evidence related to the issue.
      2. Notify the complainant and the Board of Selectmen in writing that an investigation has been initiated.
      3. Initiate an investigation relating to the issue raised by the complainant.
         a. Care must be exercised to maintain the confidentiality of
the investigation.
         b. Investigative resources will be determined by the Chair of the Board of Selectmen, Designated Alternate or the Board of Selectman.

5. At the next regular meeting of the Board of Selectman, the Chair of the Board of Selectmen, or the Designated Alternate shall advise the Board in executive session of the nature of the alleged ethics concern and the status of any investigation.

6. If, as a result of the investigation, the Chair of the Board of Selectmen or Designated Alternate determines that there is fact adequate evidence
that an ethics violation has occurred:
   a. All parties shall be so advised confidentially by certified mail of the reasons therefore, and
   b. The Board of Selectmen shall be so advised in executive session at their next regular meeting.

7. If the Chair of the Board of Selectmen or Designated Alternate determines that adequate evidence exists that an ethics violation may have occurred, the Board of Selectmen shall be so advised in executive session, stating the relevant information determined by the investigation. The employee or appointee concerned shall be permitted to be present in order to provide additional input according to Maine State Freedom of Access Act.

8. The Board of Selectmen shall review the information presented during executive session, and shall determine whether additional action should be taken.
   a. If a majority of votes of the full Board of Selectmen does agree with the findings of the First Selectman or Designated Alternate, the Board shall direct the Chair of the Board of Selectmen or Designated Alternate to so notify the parties concerned, and the information discussed in executive session shall remain confidential, and a decision which may include submission to the State Ethics Board and/or enforcement of disciplinary action. will be made out of executive session in accordance with the Maine State Freedom of Access Act.
   b. If a majority of votes of the full Board of Selectmen does not concur in the findings of the First Selectman or Designated Alternate, the Board shall direct the Chair of the Board of Selectmen or Designated Alternate to so notify the parties concerned, and the information discussed in executive session shall remain confidential, and a decision of no action will be made out of executive session in accordance with the Maine State Freedom of Access Act.

Put into policy for the Town of Lebanon this day, May 2, 2016.

Selectman Benjamin L. Thompson
Selectman Royce R. Heath
Selectman Paul A. Nadeau

Lebanon Maine "Meet the Candidates Night" focuses on Road Commissioner and Selectmen Candidates.

Lebanon Maine "Meet the Candidates Night" 5/2/16

Hosted by The Lebanon Voice, Harrison Thorp

 

Thanks to Ms. Jeanette Lemay for video taping the proceedings of the evening

and for making them available to the residents of the Town of Lebanon, Maine.

***It is noted in the midst of negativity that LMTS did not video tape this meeting. It was video taped by a private party, working unpaid and on their own time with their own equipment, who made decisions when to stop and start the video tape to create evenly timed "breaks" for uploading and viewing ease. If a word or a comment or a sneeze was not captured, LMTS is not responsible. LMTS has reviewed this video and found that it is 43 minutes of a 55 minute meeting. The opening statements of the Selectmens Candidates was not captured. However, we are sharing what Ms. Lemay was able to capture as we continue to try and provide information to those who did not attend with the best available record of the proceedings. Thank You for that acknowledgement***

 

Part 1

https://www.youtube.com/my_videos?o=U

 

Part 2

https://www.youtube.com/watch?v=xjm4JROT7cE

 

 

Town of Lebanon, Maine......Public Hearing Video.........April 30, 2016......2 pm to 6:12 pm...

Video from the Lebanon Maine Public Hearing,

The meeting came to order at the Lebanon Elementary School on Saturday, April 30, 2016 at 2 pm.
The meeting was adjourned at 6:12 pm

 

Thanks to Ms. Jeanette Lemay for video taping the proceedings of the evening

and for making them available to the residents of the Town of Lebanon, Maine.

***It is noted in the midst of negativity that LMTS did not video tape this meeting. It was video taped by a private party, working unpaid and on their own time with their own equipment, who made decisions when to stop and start the video tape to create evenly timed "breaks" for uploading and viewing ease. If a word or a comment or a sneeze was not captured, LMTS is not responsible. LMTS has not reviewed this video as I sat in the meeting and then uploaded for over 6 hour making a total of 10 hours spent on providing those who did not attend with the best available record of the proceedings. Thank You for that acknowledgement***

This meeting is presented in 5 parts.

Part 1............

https://www.youtube.com/watch?v=amIym9KfDyg

Part 2............



https://www.youtube.com/watch?v=aalVUvt8V_I

Part 3............

 

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

Part 4.........

 

https://www.youtube.com/watch?v=H9qDxkQAbzQ

Part 5.........

 

https://www.youtube.com/watch?v=yH400oDLjWU

Industrial Hemp Growing License Applications Available NOW from the Maine Dept of Agriculture.

Industrial Hemp Rules Adopted, License Applications Now Available

The Maine Department of Agriculture, Conservation and Forestry adopted rules that establish the requirements for becoming licensed to grow industrial hemp (Chapter 274: Rules for Growing Industrial Hemp (PDF)). The rules became effective on April 4, 2016 and outline the application and licensing process, the fees involved and the procedures for monitoring the growth of industrial hemp.

Please Note: The final rule includes an extension of the application deadline to July 1 for 2016 only.  The Department is currently accepting license applications (PDF).

Also Note:  The Department is in the process of moving and our offices will be closed April 15 and re-open at our new location in the Marquardt Building in Augusta on April 19.  Our mailing address will remain the same: 28 State House Station, Augusta, ME 04333

Should you have questions, you may contact Gary Fish at 207-287-7545 or email gary.fish@maine.gov .

Industrial hemp license applications and the information below are available on the [www.maine.gov/dacf/php/hemp]Industrial Hemp Website

---

Industrial Hemp Licensing Facts

What is the process for becoming licensed to grow industrial hemp in Maine?

1. Apply for a license
2. Departmental review and approval of application
3. Sign licensing agreement
4. Testing of crop prior to harvest

How do I apply for a license to grow industrial hemp?
Complete the license application and submit the $100.00 application fee.
Cover letter and application to grow industrial hemp (PDF)

Explanation of fees
Maine law requires that the Department cover the costs of operating the industrial hemp program by charging an application fee, license fee and a per acre fee.  These fees are as follows:

• $100 application fee – this fee must be submitted with the application.
• $500 license fee – this fee is due after approval of the application and must be submitted with the signed licensing agreement.
• $50/acre fee – this fee is due after approval of the application and must be submitted with the signed licensing agreement.

 Fees collected will cover Departmental costs including, but not limited to:

• Inspector travel costs including time to and from the growing area to take crop samples for THC content analysis;
• Costs of transporting crop samples to a lab for THC content analysis;
• Laboratory fees for testing crop samples;
• Costs of equipment and supplies used in sampling;
• Departmental time reviewing applications, preparing licensing agreements and issuing licenses;
• Other administrative costs. 

Please note that the fees charged will only cover THC testing for one composite sample taken to represent the entire licensed crop.  Licensees that wish to have individual growing areas or varieties tested separately will be responsible for paying any additional laboratory costs.

DEA permitting and obtaining seed
Availability of hemp seed is a major challenge to potential growers of industrial hemp.  While Maine law may allow for the planting of industrial hemp, federal law does not differentiate between industrial hemp and marijuana making industrial hemp subject to the Controlled Substances Act of 1970 (CSA, 21 U.S.C. §801) and therefore hemp seed can only be legally imported by obtaining a Drug Enforcement Administration (DEA) registration and import permit. 

Section 7606 of the 2014 Farm Bill, provided a mechanism for DEA to issue permits to state departments of agriculture and institutions of higher learning, provided the imported industrial hemp seed is for research purposes.  Maine’s industrial hemp law, as written, allows for planting of industrial hemp for any purpose, including both research and commercial purposes.  

At this time, The Maine Department of Agriculture, Conservation and Forestry does not intend to apply for a DEA permit. Currently, the Department is not planning any research projects involving industrial hemp, nor do we have the capacity to do this research.  We are not aware of any institutions of higher learning in the state intending to conduct such research, and if they were planning hemp research they could apply for their own DEA permit.  Unfortunately, Section 7606 of the Farm Bill does not provide for the DEA to issue permits to individual farmers to import hemp seed or to the Department to import hemp seed to be distributed and grown for commercial purposes.

What is a Certified Seed Source?
Maine law requires that industrial hemp be planted using a certified seed source. The industrial hemp rule (Chapter 274) defines a certified seed source as one that is certified according to AOSCA (Association of Seed Certifying Agencies) or other approved standards and comes from plants that were tested during the active growing season and found to produce industrial hemp with 0.3% THC content or less.

The Department understands the very limited availability of industrial hemp seed and the certified seed source requirements are difficult or nearly impossible to meet.  While the Department is required to verify and collect documents which indicate the industrial hemp seed planted comes from a certified seed source, at least for 2016 we can be somewhat flexible on the form this certification may take.  Acceptable forms of certification could include a letter, form or other written verification or combination of these documents that at a minimum includes:

• Third party (someone other than the applicant and the grower of the seed) THC content testing results for the industrial hemp.  The third party should be identified on the testing results;
• THC content test results must be for the variety or varieties included on the application and preferably for the specific lot of seed to be planted;
• Results of THC content testing and the date tests were conducted;
• The name of the seed supplier and origin of the seed.

As industrial hemp seed certified by AOSCA, or other official seed certification programs becomes more available, the Department will review and revise our policies and issue stricter guidelines for acceptable documentation of seed certification.

Sampling and Testing
The licensee will allow the inspection and sampling of the industrial hemp crop at any and all times that the Department deems necessary.  The licensee will be notified prior to inspection and sampling.  During the inspection and sampling the licensee or authorized representative will allow complete and unrestricted access to all industrial hemp plants within the licensed growing area(s).

If the industrial hemp crop has not been inspected and sampled 15 days prior to the anticipated harvest date, the licensee will notify the Department of intent to harvest.

All industrial hemp plants from all varieties and licensed growing areas will be tested for THC content as one composite sample.  Licensees that request to have growing areas or varieties tested separately are responsible for paying laboratory analysis costs for any additional testing.

Crops testing above the allowable THC limit (0.3% THC on a dry weight basis) will be destroyed in a manner approved by the Department.  The licensee is responsible for paying all costs associated with crop destruction.

I have a medical marijuana license.  Can I grow hemp?
Yes, but industrial hemp and medical marijuana plants cannot be co-mingled. The rule states: No industrial hemp plants shall be included in other licensed marijuana production programs.  No growing area may contain Cannabis plants which the licensee knows or has reason to know are of a variety that will produce a plant that when tested will contain more than 0.3% THC on a dry weight basis.   

What is a growing area?  
A "Growing Area" is defined as the land (the current rules only allow growth of industrial hemp "outdoors") on which a licensee cultivates or plans to cultivate industrial hemp.

A "Non-Contiguous Growing Area" is defined as a growing area on which a licensee grows or plans to grow industrial hemp that is separated from other growing areas by more than 50 miles.

Can I include multiple growing areas on one license?  
Growing areas that are within 50 miles of each other can be included on one license application.

When is a separate license required?
Growing areas that are "non-contiguous" must be included on a separate application. Each separate application requires submission of the full $100.00 application fee.

A Written Interview With Lebanon Fire and EMS Chief Daniel Meehan, in His Own Words.

LTMS was present at the most recent set of Budget Committee meetings regarding the desire of the Lebanon Fire and EMS Department to replace an ailing and out of service Engine 1 with a 2017 model year Fire Truck.
The comments made during the meeting, and after, were concerning to us, and we asked Chief Daniel Meehan for an interview.
Chief Meehan, asked us to provide the interview in writing for him to complete, and we think that is a lovely idea!!! It's always better to provide an interview in someone's own written word.
Many thanks to Chief Daniel Meehan of the Lebanon Fire and EMS Department for providing the answers to our questions in writing........
The Chief provided his answers to LMTS on Wednesday, April 6, 2016.




Sent from Lebanon Maine Truth Seekers March 17, 2016

Good Morning Chief Meehan, and Happy St. Patrick’s Day,

I attended last evening’s (March 16, 2016) Lebanon Budget Committee Meeting at the Town Office. I was alerted to this meeting less than an hour prior to its beginning, and there was no Town Website notification. As a resident of Lebanon, but not part of the current Budget Committee, I am not allowed to participate or ask a question during that meeting, however, during the meeting, and after the meeting, statements were made by members of the Budget Committee that concerned me greatly. I hope that you will consider sharing a few answers with me today so that I can properly inform the residents of the Town of Lebanon to truthful answers, Right from the horse’s mouth, so to speak.

LMTS: During Wednesday evening’s impromptu question and answer meeting, many questions were asked of you regarding the Lebanon Fire and EMS Department’s need for a new fire truck, exact specifications, equipment capabilities and specifications, and yet you seemed unprepared to deliver a presentation to the Budget Committee.
Could I begin by asking you when you were alerted to this meeting, and why you were not prepared?
Chief Meehan: “I found out about 15 minutes before the meeting. I was still gathering information about the truck and had no time to get it together before the meeting.”

LMTS: One of the questions presented to you during the meeting was with regards to your late submission of a referendum question to the Budget Committee for inclusion on a May 10th, 2016 Town Ballot. Why didn’t you present your request when you presented your regular department budget to the Committee?
Chief Meehan: “Eng 1 was inspected in January and failed half way though, Hartford’s said there was no need to proceed with what they already found, so we started looking at a Fire Truck, it takes time to get meetings set up, bids in and then prices, usually it is a six month to a year process, we did it in about three months.”

LMTS: I was personally present at the Monday, March 14, 2016 Lebanon Board of Selectmen’s meeting, when you contacted Selectman Royce Heath regarding specifications and pricing of a 2017 fire engine pumper tanker truck that you are hoping to obtain for the Lebanon Fire and EMS department. How long prior to that phone call did you receive those final proposal prices?
Chief Meehan: “Pricing and loan payment came in just a few hours before the selectmen’s meeting and as a matter of fact the specifications on the truck came in via email while I was in the selectmen’s meeting.”

LMTS: Prior to receiving pricing, how long had you, or your department members, been speaking to fire truck companies with regards to pricing and specifications of a new fire engine, pumper tanker truck?
Chief Meehan: “We had asked 3 companies to put in a bid with the specifications we wanted just months prior. It takes time for them to put a bid together, then for us to meet to go over it. Then to pick one and start talking about what if anything we want to cut from the truck or add. This process usually talks 5 months or more. We got it done in 3 months.”

LMTS: On the morning of Wednesday, March 16, 2016, I was personally present at the Blaisdell Corner, Station 2, as the Maine State Police conducted a complementary truck inspection of Lebanon Engine 1. What was it that prompted you to have the Maine State Police conduct this truck inspection?
Chief Meehan: “We had it inspected by a very knowledgeable mechanic but to make sure bases were covered and to show the citizens that Engine 1 really has out lived its service to the town.”

LMTS: During the Budget Committee meeting of Wednesday, March 16th, you stated that Hartford Truck of Lebanon had also conducted a partial inspection of Engine 1, but that they did not complete the inspection as the list of problems with that vehicle was too extensive to repair without the repair costs going over the value of the vehicle. Could you tell us what the problems were that Hartford Truck identified with Engine 1?
Chief Meehan: “Tank Supports rotted, tank might of shifted, right side tie rod needs replacing, exhaust needs replacing, excessive rust. Also once again the fire pump needs repair, after reviewing past records this has been an ongoing problem, since 2000 costing thousands."

LMTS: Former Fire Department Chief Blaine “Skip” Wood, questioned you on the number of gallons of water that Engine 1 could hold, your answer was 750 gallons of water. Mr. Wood corrected you and stated that Engine 1 could hold 900 gallons of water. The Budget Committee seemed to be concerned with this discrepancy. In the greater scheme of what you are trying to achieve, does the tank capability of Engine 1, matter, since it is out of service, and probably permanently so?
Chief Meehan: "The discrepancy was with Engine 2 our first engine out the door, this engine carries only 795 gallons of water, this apparatus would be good if there was plenty of hydrants in town, but in a town like Lebanon no Engine should be ordered with less than 1000 gallons."

LMTS: Budget Committee Member, Corinna Cole had asked the 7 members of the Board who voted not to recommend the Lebanon Fire and EMS budget to the voters of Lebanon, 7 to 0 with 2 abstentions, their reasons in not recommending. Three members stated that they felt the budget was “too high” but would give no specifics as to what it was they were objecting to. I had been present during the meeting in February when you presented your budget to the Committee, and in reviewing my notes, the only suggestions to changes in your budget seemed to concern the purchase of t-shirts for your department, (the only uniform provided to members other than a single set of fire turnout gear) and many questions regarding the Depot Road Fire Station (Station 1) and its upkeep and repair, which were continually addressed by Selectman Thompson as being questions for the Lebanon Fire Department Inc., a separate entity not within your control. In your recollection, were there any suggestions by the Lebanon Budget Committee with regards to items in your budget that could save the Town of Lebanon large amounts of money?
Chief Meehan: “There were no suggestions by the committee, I answered their questions and when done had asked if they had any other questions. I remember hearing "good job".
I am asking for the budget to stay the same as this year.
T-shirts and hooded sweatshirts were bought and given to members to show pride in their department and to be more uniformed for the EMS crew answering calls. I have personally bought pink shirts and sweatshirts for members out of my own pocket, to show support.
I did give back over $4,200 to the town from the EMA department."

LMTS: During the Budget Committee Meeting of March 16th, the upkeep and maintenance of Station 1 was once again discussed, with a member stating that over the years, the Town of Lebanon and the Lebanon Fire Department had “milked that free station dry”, insinuating that the Town and it’s fire department had put little to no money into the upkeep or maintenance of Depot Road, Station 1. Could you tell us the issues that plague Station 1 when you took over as Chief, and which issues are present at this time? How have you personally addressed each current maintenance item? In your time as Chief, you have spent any of your department’s budget on making repairs or conducting maintenance of Station 1?
Chief Meehan: “I do not understand how the town or department “milked the station dry” The building is owned by the cooperation. But all maintenance has come out of my budget. I pay for heat, electricity, cable, propane, internet, phone, salt for water and alarm service. I have had the furnace repaired, repaired all three bay doors, bought lights, bought a new electric heater for office, had water system maintained. Currently I am looking at an antiquated internet system, a leaking hot water tank and the back meeting room floor has some sort of sink hole.”

LMTS: During a recent Selectmen’s meeting, there was discussion on the department’s purchase of a pickup truck with a utility body, a skid unit with the possibility of a plow on the front. At Wednesday evening’s Budget Committee meeting, members seemed to have a difficult time understanding why the Fire and EMS Department would consider a need for this type of vehicle, and they seemed angry that you would ask for two new vehicles in the same year. Could you explain what a “skid unit” is, why this would be important, what the benefit would be to the taxpayers of Lebanon if this vehicle should be obtained, and why the fire department feels the need to obtain a pickup truck and a fire engine within the same year, and how that vehicle would be paid for?
Chief Meehan: “We need a new forestry vehicle, the current one is from 1978 and has served the town well, but needs to be retired. In this topic a skid unit is used for brush fires, it is the pump and water tank on a removable skid. All this is for a forestry unit; the money would come out of the CIP. I have explained to the selectmen about some ideas, to buy a pickup with a utility body and put a skid unit in it, to just buy a forestry truck and if a plow would benefit because sometimes the ambulance cannot make it into a drive way when there is too much snow.”

LMTS: Budget Committee Member Nancy Neubert discussed the fact that voters of Lebanon had turned down the replacement of Engine 1 on several occasions between 2009, and 2014, and there was a long recitation by Committee Member Chris Gilpatrick, Sr. regarding department members continually blaming the former Fire Department Administration for the poor condition of the department’s apparatus when you took your office back in January of 2015. Why do you believe it is important for 2016 Lebanon voters to approve a fire truck purchase for your department?
Chief Meehan: “ The safety of the citizens of the town, the safety of the firefighters and to protect property. The town is growing, more developments are going in, more people are moving in. Having the right tools to do the job safely and efficiently."

LMTS: Chief, if given the money to purchase a 2017 fire truck for the Town of Lebanon, there were concerns voiced by members of the Budget Committee that you are planning to purchase other new vehicles next year. It has been my personal experience in business and my limited knowledge of other Budget Committees and Town Governments that it is typical to have a 5 and 10 year plan with regards to Capital Improvements. Do you have a plan in place for continuing replacement of older Emergency Services equipment over the next 5 or 10 years?
Chief Meehan: “There should have been a plan already to replace vehicles on a rotating cycle, but it takes the vote of the Selectmen, the budget committee and the citizens to be able to replace vehicles on schedule. It is the plan to look at replacing a vehicle in 5 years because of their age.”

LMTS: Members of the Budget Committee questioned you on your proposed plan to pay for the 2017 fire truck over a period of 10 years at a cost of $54,572.00 per year. Members voiced the opinion that dividing the cost over a 10 year period would cost the town a total of $90,000.00 in interest payments over the term of the lease, about $9,000.00 per year. The Members who seemed interested in the actual budgeting for the fire truck rather than your need for one, questioned whether the payments would be best paid for over a shorter time period. Chief, could you tell the residents and voters if the suggested 10 year time frame was your recommendation, and if not, who chose the 10 year payment timeline, and what payment timeline you would personally recommend to the Town?
Chief Meehan: “I suggested a 7-10-year plan because of the yearly payment being lower, the selectmen agreed and went with the 10-year payment, this was only because of the yearly payment being less than a 5-year payment. But it makes sense to go five years paying a higher lease payment but saving money over all.”
***It is noted that members of the Budget Committee recommended that the Selectmen change the original 10 year planned payment time frame to a 5 year planned payment time frame, the Selectmen agreed, and it will be a 5 year payment plan that will appear on the referendum question regarding the  new fire truck***

LMTS: After the Budget Committee Meeting, five members of that Committee continued their discussion of your fire truck request in the Lebanon Town Office parking lot. I was personally in the parking lot obtaining signatures for a petition when I overheard the things being discussed by these five members. Since the five members would constitute a quorum of the Board, who were meeting without notice or invitation of the other members or the public, I feel it is my right to question you on the discussion they were having. When I confronted them as to the conversation I was overhearing, I was told that I was attributing the statements made to the incorrect members, and that may be so as it was dark. The statements I was hearing were so incorrect that it upset me greatly. To that end, the following questions will not mention who was speaking, but will answer questions that may come up in private conversations with Town of Lebanon Budget Committee Members, or at the Lebanon Public Hearing, scheduled for Saturday, April 30, 2016. It is my hope that voters of the Town of Lebanon will print this interview and come to the Public Hearing armed with questions and comments with regards to these statements. Again, I relate to you that these statements were not part of the formal Budget Committee meeting, but were so disturbing to me, that I re-entered the Lebanon Town Office and requested that Budget Committee member Corinna Cole accompany me out into the parking lot to hear the statements being made.

LMTS: Chief, one of the statements made Wednesday evening was that the Lebanon Fire and EMS Department is predominantly made up of EMTs and that you currently have only “a couple” of certified Firefighters on your department. Is this true?
Chief Meehan: “That is not true, we have a good number of certified firefighters. Some of our certified Firefighters are also medical and some medical members are in a Firefighter 1 & 2 class to be certified. Also some of our firefighters are testing out on their EMT, we care cross training. The old ways of fire being on top is in the past, medical is equally important if not more as they handle the bulk of the calls. Last year the Ambulance did about 450 calls and fire did 220 calls.  Our dedicated certified members do also hold a full time job, sometimes it depends on when a call comes in that will depend how many will respond.”

LMTS: It was also stated in that parking lot meeting, that Lebanon Fire and EMS only has an average of 2 firefighters responding to active fire scenes within the Town of Lebanon, and that our Fire and EMS Department are relying on outside towns to come and put out Lebanon’s Fires. The two members certifying this to the others stated that they listen to the scanners and only hear two people responding. When I told those two members that only one or two members respond to dispatch via the radio, and the rest respond via the “IamRepsonding” app, it was told to me that these two Budget Committee members have the “IamResponding” app which would show them the firefighters responding to any incident. I have related to you that evening at the Lebanon Town Office, the names of the two Budget Committee members stating that they have “IamResponding” apps. Could you explain “IamResponding” to our residents, and answer to your best knowledge, whether these Budget Committee members have, or have any right to have, “IamResponding” apps related to the Town of Lebanon Fire and EMS?
Chief Meehan: “I am Responding is a phone/computer app that active members have, this app allows our current members the ability to get notified of Lebanon calls, it is like carrying a pager in their phone. The only way a budget committee member could have access to the account is if they, a family member or friend gave them their log in information.”

LMTS: One of our Budget Committee members present at the parking lot meeting is related to a firefighter in a nearby town. If that member had “IamResponding” for that neighboring town, would they have the ability to see which Lebanon responders were responding to an incident within the Town of Lebanon?
Chief Meehan: “NO, but if they had a family member was a member of the Lebanon Department they could if they had their family member’s log in information.”

LMTS: In a second question with regards to the above statement, could you explain to the voters of Lebanon the agreements you have made for Mutual Aid with other area Fire Departments?
Chief Meehan: “With Milton we have an automatic mutual aid simply because they can reach parts of Lebanon before we can, it is about patient care and safety. We have also remade our run cards, these run cards splits the town into 4 quarters and helps dispatch with who we need when we call in how bad the fire is, but these new run cards also call in bordering departments automatically if we go out on some certain calls such as smoke in the building, chimney fires etc. It gets trucks on the road saving much needed time, if we get on scene and we can down grade, we can cancel them. But if we get on scene and it is worse they are already responding and we can call in more if needed.”

LMTS: Mutual Aid, Chief, in my limited understanding, means that the Lebanon Fire Department also responds, upon request, to fires in other area towns. Could you tell the residents and voters of Lebanon, have members of the Lebanon Fire and EMS Department responded to fires outside of the Town of Lebanon, and if so, how many responders are typically sent, and how our own station and town are covered in the event of a fire in Lebanon?
Chief Meehan: “Last year we covered 31 mutual calls, anywhere from 2-5 members have gone mutual aid. With our run cards we have an outside department that will come in to cover the town, if we send two trucks out of town mutual, we will call in a mutual aid station to cover our station incase calls come in.”

LMTS: It was mentioned on Wednesday evening that other local towns do not call Lebanon to participate in Mutual Aid events. Within each area town, there was a certain “order” in which other area departments are called to Mutual Aid from other towns based on their ability to furnish manpower and apparatus, Could you tell us the “order” that Lebanon Fire Department was called for Mutual Aid when you took over as Chief, versus the “order” that Lebanon is now called to furnish Mutual Aid to other area towns?
Chief Meehan: “You cannot blame towns not calling you in if you cannot get them help, over the year I have seen us get called sooner, like I have said we provided 31 mutual aid calls to outer towns. This does not include mutual aid calls the ambulance has done to Sanford and other area towns. Our dedicated certified members do also hold a full time job, sometimes it depends on when a call comes in that will depend how many will respond.”

LMTS: Has the Lebanon Fire and EMS received any mention or award from local area town fire departments for their accomplishments and progress in responding to Mutual Aid incidents?

Chief Meehan: “We always receive many thanks and recently received a certificate of thanks from Alfred for helping fight their structure fire.”

 

LMTS: During the formal Budget Committee meeting, it was stated that the truck you are hoping to purchase for your department was a medium sized cab, capable of seating four responders. later it was said  that there was no need for a four seat piece of equipment. I have also received, via e mail, questions regarding that decision. The question seems to be whether or not the fire truck would sit at the station waiting for four responders to arrive, rather than getting out of the station in a more timely fashion with two responders and having others meet them on scene. What is the reasoning behind obtaining a four seat fire engine vs a two seat fire engine, is there a difference in the cost to the taxpayer, and would you advise your firefighters to wait for a crew of four prior to responding to a fire in the Town of Lebanon?

Chief Meehan: “The engine is not being built for just today but for the future, plus currently if we go mutual aid and more than 2 people show up we have to also send my car or the squad taking up road space when parking. The truck will not be held up if a fire is in town, but members use "I am responding" to sign on to the station, as members come into the station they can see if anyone is almost at the station and can quickly load the truck if needed. Members are not allowed go mutual aid in their own vehicle.”

 

LMTS: In the dark of the parking lot, it was stated that the Lebanon Fire and EMS Department had “enough power” with the town’s two tank trucks and single remaining fire engine (Engine 2) to put out any fire in Lebanon, and that an additional engine was an unnecessary expense to the taxpayers. Could you respond to this statement?

Chief Meehan: “In the past the fire chief and members have tried to keep the 4 apparatus they have to serve the town of 55.8 sq. miles and some 7000 citizens. Engine 2 carries under 800 gallons of water and 40 gallons of foam, it really should have at least 1000 gallons being the first apparatus out of the station, this type of Engine is good in areas with hydrants. So the new apparatus will have 1500 gallons being more appropriate and replacing an engine which was 1000 gallons. At least twice the retired Chief and members tried to replace Engine 1, they knew it was old, it cost more to repair and was unsafe because the 4 extra members it could carry was not in an enclosed cab which is now a National requirement.”

 

***LMTS hopes that this interview with the Chief has been helpful to you in forming questions of your own for the Chief and the Board of Selectmen with regards to the Lebanon Fire and EMS budget and their quest for a new fire truck to replace the now out of service, Engine 1.

 

We would like to thank Chief Meehan for responding in writing to our questions. By quoting the Chief directly, you should have no question as to whether or not his quote is shortened or misquoted. LMTS retains the original written documentation of this online interview.***

 

Thank you for reading this interview and we hope to see you at the Lebanon Public Hearing on Saturday April 30, 2016, at the Lebanon Elementary School, beginning at 2 pm.