News

Selectmen's Meeting minutes April 3, 2013

posted by Swanville Selectmen

Swanville, Maine

 

Selectmen's Meeting April 3, 2013

 

Present:  Brian Thompson, Jeanna Bonin, Brett Armstrong,

 

Mary Anne McCrea, Scott Ellis, Deb Collins, Rick Collins, Glen Vaughan, Rob Newcomb Deb Newcomb, Sara Knowlton, Roland Knowlton,Sr; Tenley Mossing, Chris Knowlton, Carol Knowlton, Linwood Knowlton, JoAn Petersen, Peter Petersen.

 

Meeting opened at 7:00pm.

Minutes from March 20 read. Correction on page 4:  The DOT was contacted previously. Brian made the motion to accept minutes as corrected.  Brett seconded.  All in favor.

 

ROADS:

Brian requested Scott and Rick to do patching on holes with cold patch.  They will probably need additional material. Jeanna questioned if it would be done this week. Scott and Rick will if weather permits. 

Brian reported missing road signs are in.  Scott will see what ones have to be done.

 

Brett reminded shimming has to be done to get water flowing off the road surfaces.

 

Brian reported $60,000.00 for roads passed at the Annual Town meeting Also, $80,000.00 from URIP Account.

 

Deb contacted Phil for DOT to set up a time to work with Swanville on what and how the roads should be done. He will work with the town.

 

Jeanna reminded that the town at the Annual Meeting raised $30,000.00 for patching for the year.  $1,500.00 has been spent already. A discussion followed.

 

Craig questioned if Road Committee is meeting as recommended at the last Selectmen's meeting, quarterly. Brian will follow up.

 

Brett recommended that work on run off problems should be done as soon as possible.

 

Glen questioned if some gravel could be used to temporarily help.

 

Deb asked if the Budget Committee will meet to discuss long range plans on road repairs, also meet with the Selectmen concerning this.

 

Craig also suggested the Budget Committee meet with the Selectmen to discuss and plan action to be taken.

 

TRANSFER STATION:

Brett reported Universal Waste has to be done every year. He will take care of it.

 

Brian contacted two sign companies to replace the Transfer Station signs. $625.00 for aluminum sign with hours and days listed.  Glen questioned if installation is included. Brian will check.

 

Brett suggested Terry's son-in-law be contacted. He has made signs for  State Sand and Gravel at a reasonable price. Brett will follow through on it.

 

Glen questioned is it from the operating expenses of the Transfer Station?

 

Brett will contact Linda on cutting the growth at the leach field.

 

Craig volunteered to help Brett cut the large pine tree at the Transfer Station.

 

GENERAL ASSISTANCE:

Jeanna reported two applicants last week were approved. One will work at the Transfer Station when needed. The second one is five months pregnant and has a disabled husband.

 

OTHER:

Brett reported the 2012 reports should be done soon. He and Jeanna will work on completing it.

 

The summer road maintenance bids ran in the local paper to be submitted at the April 17 meeting.

 

The ad for one tax acquired property ran. Glen questioned if the property will pass a soil test. Since it is part of a subdivision, it usually is required.

 

Warrant 14   $35,800.36

Warrant 14P   $10,644.62

The quarterly payments are included in the amount.

 

Selectmen reviewed the Annual Town Meeting minutes. There were seconds to the warrants omitted.

 

RSU 20 Withdrawal:  Brett requested a meeting be held in Swanville to have the town understand what will actually take place.

 

Glen questioned if the Selectmen contacted Terry about burning at the Transfer Station. It will be taken care of.

 

Glen questioned research on using credit cards at the town office.  Brian did and found the state law was changed. The town can offer the service to town residents. The machine will cost the town a one- time $85.00 fee.  A charge of $1.00 for up to a $40.00 charge, thereafter it is a 2.5% fee paid by the user.  It appears on the charge with the option of accepting it or declining. 

 

Brett questioned the legality of the Animal Ordinance.  Lane Hughes from the Animal Welfare from Maine was not a legal ordinance causing the town Selectmen fines.  Brian reported he was the person contacted to e sure of its legality.  Craig recommended the Selectmen contact MMA as well as Animal Welfare.

 

A question brought up if the ordinances are in effect after the Special Meeting or not until minutes are approved. Brian replied as soon as they were voted on.

 

Attached copy of letter from JoAn and Peter Petersen on Rental Ordinance.  After a lengthy discussion from all the attending persons at this meeting, Brett made a motion to revisit all except the PACE one and set up a date for the Animal Control Ordinance. No Second.

Brian made a motion to rescind City rental Ordinance and the Animal Control Ordinance. Brett seconded.  All in favor. 

A question on the legality of rescind it unless its brought before a meeting for a vote.

Brett will check to see if it has to be at a Special Town Meeting.

 

Rob will add to his electronic sign across from the store Selectmen's Meetings dates as well as any other pertinent meetings held at the Town Hall.  The information must reach him by Thursday of the week.  It will run for the week.  Brian will contact him.  On behalf of the Selectmen, Rob was thanked for his volunteering the use of his sign.

 

Questions were brought up concerning Building Permits.  A fine was imposed on a resident for not completing a questionnaire for the permit.  He should not have been fined because of his inability to meet with the CEO.  Brian will clear up the misunderstanding as well as his paying a fine.

 

Brian made a motion to revisit the Animal Control and Rental Ordinances.  Brett seconded. All in favor.

 

Brian made a motion to adjourn at 9:00pm.  Brett seconded.  All in favor.

 

Respectfully submitted,

Mary Anne McCrea, Recording Secretary
 
 
Attachment
 

Swanville Rental Ordinance.

 

We did some research on State laws concerning home rules. The first objections are technicalities but they seem to make the meeting invalid.

 

1. The ordinance can only be voted on if it is introduced and reduced to this question: " Shall an ordinance ' ---- ' be enacted". Title 30-A Chapter 141 Para.2

This procedure and wording was not followed.

 

2. The special town meeting to approve this ordinance should have used secret. paper balloting to elect a moderator and to vote on the ordinance. It did not. Title 30-A  Para. 2524.

 

3. The moderator took part in the discussions. That is not permissible.

 

4. (Section VI – Performance Standards A through H)

The authority given to the CEO to be able to call an in "outside specialist" for any inspection and repair at the owners expense is extremely burdensome and does not conform to state statues.

 

Title 30-A Par.4161 Standards; Installation:

states clearly that the installation must conform to State laws  and codes and be in conformity with the Nat. El. Code and has to be approved by the local inspector if it meets such standards. The same is true for plumbing and other inspections.

The CEO stated at the meeting that he has the authority under state law to call in any outside expert. This statement appears to be in conflict with state statues. 

 

5. (Section III & V – Scope & Application Process A & B) The permitting and inspection process is way to intrusive and again allows the CEO to bring in an "expert" at the owners expense for any reason at all. 

Also forwarding mortgage information etc. during permitting is none of the towns business.

 (Mortgages are being sold to many entities and bundled into securities that are sold throughout the world. It is impossible for the property owner to trace and report all the entities that have acquired an interest in the property. Bank of America and most other banks have had tremendous problems with this issue.)

 

Why should several permits & inspections be required if a multiple bedroom family house is rented out with a limitation of 4 occupants and the renter(s) decide to rent out some rooms with the permission of the landlord?

 

6. ( Section VII – Duration) The re-inspection fee should be part of the CEO's job. That's why he gets paid a salary by the town. The 3 year re-inspection cycle with another permit fee is burdensome, intrusive and if left standing should be part of the CEO scope of work and not require a new fee.

 

7. The appeal process is not clear. It mentions Selectmen, the CEO and at the end the planning board. Who is the ultimate decider?

 

8. (Section IX – Emergency calls)

Emergency calls are not defined. Why should the owner of a rental property be billed for an emergency call that does not involve the conditions or operations of his property. If an emergency call from someone at the property – lessee, his guest, invitee or some one performing work or service at  the property - is either a medical emergency or is deemed non material to the physical conditions at the site  or in error or a prank the caller should be responsible for the costs

 

 

 

Since the meeting approving this ordinance was not run according to state statues and has errors, omissions and other deficiencies we’d like to suggest that this ordinance be suspended for the time being pending another town meeting or added as an article to the warrant of next years meeting.   .

 

The next meeting either to vote the ordinance out, amend the ordinance to address the above outlined issues or establish a new ordinance.

 

If we were to have an ordinance our suggestion would be that the landlord when applying for an occupancy permit would have to produce a valid insurance certificate for the premises. This would be proof that the premises are to code since the insurance inspection which is free would insists on it in order to write the policy.

No insurance -  no permit. No inspections by the CEO needed.

 

If tenants have any problems with the dwelling they can follow the tenants rights laws which are anchored in state statues.

We would even support adding to the ordinance the right by inspection of the local CEO if the landlord does not respond to a valid tenant issue in a responsible manner. Such inspections should be part of his job and should not carry any fee.

 

 

There should be no exception for rentals of > 120 days duration. All rentals should fall under an ordinance there should be no discrimination towards long term rentals.

 

Joan & Peter Petersen

Principals

Mainely.org LLC

peter@mainely.org

207-338-2705

480 North Searsport Rd,

Swanville ME 04915

 

 

 

 

 

 

 

 

 

Selectmen's Meeting minutes March 20, 2013

posted by Swanville Selectmen

Swanville, Maine

 

Selectmen's Meeting March 20, 2013

 

Present: Brian Thompson, Brett Armstrong, Jeanna Bonin,

 

            Mary Anne McCrea, Craig Riley, Betty Bowen, Deb Collins, Cindy Boguen, Glen Vaughan,

            Norm Colby, Beaulah Colby, Bruce Bonin

 

Meeting opened at 7:00pm.

Minutes from March 6, 2013 read

Corrections:  page 4, strike out approach to driveway. Add potholes in road.

Page 4, delete cemetery  change to charitable.

Page 6, should read Rita Stone not Rita Clements.

Brian made a motion to accept the minutes as corrected. Jenna seconded. All in favor.

 

ROADS:

Brian  Webster Road smoothed out for more even surface on Thursday. Potholes in roads cannot be filled due to inclement weather, major snowfall. Brian will place the ad requesting bids for summer maintenance for one year time period. It is not a requirement to be a Swanville resident. Discussion on need for liability insurance from contractor. Bruce and Deb recommended it necessary. Road signs will be installed as soon as weather permits. Sesame St. and Jedi Lane will now be land owners expense. Brian will notify them.

 

TRANSFER STATION:

Brian made a motion to change the hours to winter hours, Wednesdays 4-7pm, Sundays 8am 4 pm. Summer hours: Mondays and Wednesdays 4-7pm, Sundays 8am-4pm. Brett seconded. All in favor. The hours will be reviewed in September.

New hours will be posted at the Town Hall, the transfer station, and on the town's web page.

A suggestion to contact Terry Sawyer, Swanville Fire Marshall, about the possibility of burning of the grass at the transfer station.

A suggestion to use a chipper on the small saplings that are present on the leach field, which could cause root systems to make the leach field ineffective.

Jeanna reported the 75 foot buffer zone at the transfer station is valid. Brett inquired on the reports of 2009,2010,2011 and 2012 required by the state. Jeanna has been working to get them complete. She volunteered to work on their completion. She will work with Brett to have them complete and sent into the state.

Betty suggested a checklist on all required reports be done by all the selectmen. The selectmen agreed.

 

 

Craig received complaints from some residents using the transfer station. Checks were not accepted as payments there. This misinformation will be corrected by notifying the employees at the transfer station. Checks are acceptable as payments.

 

GENERAL ASSISTANCE:

Jeanna received one applicant. The applicant did not qualify and was denied.

Glen questioned if a GA applicant would be able to work at the transfer station in the future. There are when work is available.

 

OTHER:

Brett nominated Brian for Head Selectman. Jeanna was nominated by Brian for the GA position.

Brett nominated Brian as Road Commissioner. Brian nominated Brett for Transfer Station. Jeanna volunteered to help Brett on requirements necessary to submit to state. Brian appointed Mary Anne as Recording Secretary for the Selectmen's meetings.

Annual Town Minutes reviewed. Brett recommended corrections in three warrants.

 

Brian made a motion to approve minutes as corrected. Jeanna seconded. All in favor.

 

Brian received a request from a resident to have a moderator at the Special Town Meeting on town ordinanaces. Nominations for a moderator will be presented there.

The list of Swanville appointed Officials is attached. All were appointed, seconded by the Selectmen and all were in favor. Glen suggested Jeanna attend the Road Committee's meetings.

 

Revenue sharing received $2,242.22. Revenue 2 reeived $257.87.

Letter from CMP on Tree Care Program.

Letter from CEO: Town of Knox was in favor of moving their sand pile.

 

Glen suggested Swanville should start the process of where the sand pile in Swanville be located.

Brian reported the DOT is contacted for permission for entrance of road.

 

Glen suggested that right of way off Swanville Ave. be maintained.

 

Jeanna commented on Swanville website. Suggested improvements be made, such as cleaning out old years. It had been done free of charge as a project by a college student.

 

Cindy volunteered to work on cleaning the website.

 

Warrant 12     $97,101.18

Warrant 12P   $953.55

 

Brett made a motion to put an ad in the local paper for bids for the Beaver Pond Road location. Brian seconded. All in favor.

 

Brian suggested the Budget Committee study using $80,000.00 fro the undesignated funds for roads. A discussion followed.

 

Brett recommended one of our Selectmen should attend the Waldo County's Municipal Association meetings. He asked Jeanna to contact him on any info she has received pertaining to it.

 

A dscussion on what plans should be decided on regarding Swanville's road repairs and rebuilding.

 

Glen requested investigation concerning credit card machine use for Swanville. Brian will do so.

 

Deb suggested a public meeting in town on tax abatement rulings for clarification. It was agreed upon.

 

Brian made a motion to adjourn at 9:30 pm. Jeanna seconded. All in favor.

 

Repectfully submitted, Mary Anne McCrea, Recording Secretary

Town Volunteers needed

posted May 2, 2013, 11:11 AM by Swanville Selectmen

The Town of Swanville is looking for volunteers to serve on the Road Committee and volunteers to help install a new sign at the transfer station

May 15th Selectmen's meeting to be informational meeting on animal control ordinance and Rental ordinance

posted May 2, 2013, 11:05 AM by Swanville Selectmen

The may 15th meeting of the Selectmen will also be an informational meeting to discuss the animal control ordinance and the Swanville rental Ordinance.

Road Committee Meeting with the Selectmen May 8th at 6 pm

posted May 2, 2013, 11:02 AM by Swanville Selectmen   [ updated May 2, 2013, 11:03 AM ]

The road committee will meet with the selectmen on May 8th at 6pm at the town office to discuss options on town roads, public is invited to attend.
The town is looking for volunteers to be on the road committee also.

Town Office Closing

posted Apr 25, 2013, 2:48 AM by Swanville Selectmen

The Town Office will be closed:
May 25 through May 27, 2013,
for the Memorial Day weekend.
We will open with regular hours on
Tuesday, May 28, 2013 at 8am.

Selectmen's Minute from 3-6-2013

posted Apr 5, 2013, 3:39 AM by Swanville Selectmen

Swanville Selectman's Meeting

March 6, 2013

 

Present:  Brian Thompson,Jeanna Bonin, Bob Bernosky,MaryAnne McCrea, Glen Vaughan,Brett Armstrong,Scott Ellis, David Bowen, Betty Bowen Cindy Boguen, Terry Sawyer, bill Doucett, Helen Christensen, Laurie Johnson, Charlie Miklovich

 

Called to order at 7:00 P.M.

Minutes from Feb 20th read-correction: Page 2, 3rd paragraph Jeanna questions recyclables not Craig

Page3- 3rd paragraph Annual Town Warrant not report.

Page 3- We accepted $200.00 check for G.A.

Page 5-3rd paragraph 2 ¼ not 2 ½

Motion made to approve minutes as corrected.  All in favor

Check for $7,914.00 from Urup for 3rd quarter of 2012

 

Brian reported a couple of pot holes on Oak Hill Road were filled till Weather permitted any more.

 

Transfer Station:   Bob reported an employee at the location was hit in the knee when the door swung open due to very windy conditions.  No injury sustained.  Bob contacted the crew across from the Transfer Station.  They  will remove the felled pine tree.

 

G.A. - Jeanna has not received any request.  Bob confirmed the G.A. Recipient has completed his forty hours of volunteering at the Transfer station.

 

Brian reported Lenfest Junk yard has paid every past year and also current year for a permit.  The 3 selectman signed the renewal.

 

Candidate Night:

     Brett who is running for Selectman position expressed concern with the Swanville Selectman representing Swanville at the Waldo Count Municipal Association meetings.  Brian reported they are Wednesday evenings the same day as the Selectman's Meetings.  Brett suggested one Selectman can attend leaving two selectmen for the Swanville meetings. Brian has been filling out necessary paper work received from the municipal Association RE how it effects Swanville

     Charles expressed concern on road conditions, as a member of the Budget Committee their suggestion was to draw out the money designated for the Salt She and use it to do road account for Work is desperately needed.  The State originally stated they would fiance 75%, however the State finances now could not possibly fulfill this promise.

     Jeanna question how the position of Road Commissioner is selected.  The state recommends someone who is not a selectman.  They do not suggest how a Town would be able to pay for such a position

Brett stated years past the Road Commissioner at that time was not knowledgeable on roads, there fore work needed was not taken care of subsequently taking out a million dollar loan.

    Cindy asked Bob concerning 2009,2010,2011 Reports to the State that was not received.  Through Jeanna's research Jeanna was able to locate records up to 2008 A matter of the left hand didn't know what the right hand did.  The records were put in another division on the sate.  Bob Thought 2009 had been sent in.  he took the position over in 2010.  However Cindy reported he was responsible for 2009, the year before.  Bob is working on completing the 2011 and 2012 reports.

     Charlie asked if the first new meeting after the election is when the Selectmen decide on which are they are responsible.

    All the selectman in office are responsible for all departments.

    A discussion on the ruling of spending more than $200.00.  It had to go out to bid, which was the case of work at the Transfer Station.  Monies to do the work was available at that time. The Selectman was pressured by the State to do the necessary work there.  It was suggested the Selectman would have been better to contact the State requesting an extension on the work necessary at the Transfer Station.

A discussion on changing some of the allocation of monies and finances .  They are recommendations of the Budget committee. 

    Charlie asked what views do the Selectman and Candidates have for a five year plan.

    Bob suggested a weekly report on the affairs of the Town. Terry suggested it takes volunteers.

    Laurie was called on since she is running for Treasure’s position.  She reported the Town Auditor acknowledged her books were correct and complete.

    Charlie asked about the computer system that is used.  Laurie reported Trio works fine and the software is up to date

    Helen was called on since she is running for Town clerk and Treasure.  The problem with the Town submitting for unemployment was corrected.  Cindy reported the State returned it as incorrect, Helen was not at fault, she was able to correct the problem.

    A suggestion to have the Budget Committee meet four times a year.  They will follow through with the suggestion.

    Brian thanked the Budget Committee.  Cindy appreciated Jeanna attending several meetings of the Budget Committee.

    Jeanna reported the State rules Selectmen can not make decisions concerning Town Business outside of Regular Meetings.  Discussions but no actions.

    Cindy suggested an Agenda for Selectman meetings be available at the meetings. A suggestion to post the Selectman's meeting on line.  Brian agreed, however they would be be the corrected minutes from the previous meetings.  Cindy volunteered to do it.

    Warrant 13  24,825.15

                  13 p- 2,002.83

Selectman received a letter from the Coastal Mountain Land Trust.

   Dave questioned whether an update of the Town Charter was done-Cindy did it.

   Jeanna requested a meeting to go over the present Charter to go over changes needed and items not necessary.

    Glen questioned the charitable account that has over $8,000.00 . Possibly Ms. Clement donating money.  It was suggested Rita be contacted

    Rob Newcomb from ShurFine is donating the coffee for the town Meeting.  The Girl Scouts will sell their cookies.  The money received for the coffee will go to their troop.

    Brian received an offer to sell Gift Certificates for $10 to be used to purchase Lillies at Bills Lilly farm.  The proceeds from the sale of the G.C. Up to ten thousand dollars will be donated to Swanville.

There is still some monies left to purchase new flags that are needed.

    Dave questioned when Swanville looked into changing the current recycling operation to Maine Stream.  It was last year.

    Discussion investigating a new dumpster that would enable all recyclables be processed.

   Brian made a motion to adjourn at 8:30 P.M. Bob seconded.  All in favor.

 

Respectfully submitted,

MaryAnn McCrea

Recording Secretary

 

Typed by Cindy Boguen

Town Office Closing

posted Mar 25, 2013, 5:53 AM by Swanville Selectmen

The Town Office will be CLOSED

Monday, April 15, 2013

to observe

Patriot’s Day.

 

We will reopen with regular hours on

Tuesday, April 16, 2013, at 8am.

NOTICE OF TAX SALE Town of Swanville

posted Mar 23, 2013, 6:02 AM by Swanville Selectmen

 

The Board of Selectmen of the Town of Swanville is accepting bids for the purchase of the municipality’s interest in 1 tax-acquired property. Each bid must be in writing and in a sealed envelope marked "Tax sale bid" on the outside. Each bid may be for one property only. All bids must be received by the Board of Selectmen no later than 7 o’clock p.m. on April 17, 2013.  Late bids will not be opened or considered. Each bid must also include the bidder’s name, mailing address and phone number and must be accompanied by a deposit in the form of a certified check or money order, in an amount equal to or greater than 20 % of the bid price. Each successful bidder’s deposit will be credited to the total purchase price for that parcel. Deposits will be returned to the unsuccessful bidders. Any bid which does not contain the proper deposit will be rejected.

 

Bids will be opened, reviewed and awarded by the Selectmen at the Town Office on April 17, 2013 at 7o’clock p.m. The Board of Selectmen reserves the right to reject any and all bids. Each successful bidder shall have 10 days from the date of the bid acceptance in which to complete the purchase. Each property will be conveyed by a quitclaim deed without covenants. In the event that a successful bidder fails, for any reason, to complete the purchase in the time stated, the bid acceptance is void and the bidder’s deposit shall be forfeited to the Town. The Board of Selectmen may thereafter negotiate a sale of the property with any or all unsuccessful bidders.

 

The property for sale is described on the Town’s Tax Maps as: Map 10, Lot 15-10;   The tax maps and other public information concerning the properties may be reviewed at the Town Office during its normal business hours, please call 338-4489 for appointment.

 

By:

 

Brian Thompson

Chairman, Board of Selectmen

Summer Road Maintenance Bids

posted Mar 20, 2013, 7:23 PM by Swanville Selectmen

Town of Swanville

Summer Road Maintenance

 

The town of Swanville is soliciting bids for road maintenance of town roads.  Work is to be bid per the Swanville Maintenance Contract.  A Proposal form and proposed contract may be obtained from the Swanville Town Office during office hours or requested by phoning the Town Office at 207-338-5834.  Bids are to be submitted at the Town Office by 7 PM April 17, 2013.  The Town reserves the right to accept or reject any or all bids, without prejudice.

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