April 3, 2013
Present: Brian Thompson, Jeanna Bonin, Brett Armstrong,
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.
opened at 7:00pm.
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.
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
reported missing road signs are in.
Scott will see what ones have to be done.
reminded shimming has to be done to get water flowing off the road surfaces.
reported $60,000.00 for roads passed at the Annual Town meeting Also,
$80,000.00 from URIP Account.
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.
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.
questioned if Road Committee is meeting as recommended at the last Selectmen's
meeting, quarterly. Brian will follow up.
recommended that work on run off problems should be done as soon as possible.
questioned if some gravel could be used to temporarily help.
asked if the Budget Committee will meet to discuss long range plans on road
repairs, also meet with the Selectmen concerning this.
also suggested the Budget Committee meet with the Selectmen to discuss and plan
action to be taken.
reported Universal Waste has to be done every year. He will take care of it.
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.
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.
questioned is it from the operating expenses of the Transfer Station?
will contact Linda on cutting the growth at the leach field.
volunteered to help Brett cut the large pine tree at the Transfer Station.
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
reported the 2012 reports should be done soon. He and Jeanna will work on
summer road maintenance bids ran in the local paper to be submitted at the
April 17 meeting.
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.
quarterly payments are included in the amount.
reviewed the Annual Town Meeting minutes. There were seconds to the warrants
Withdrawal: Brett requested a meeting be
held in Swanville to have the town understand what will actually take place.
questioned if the Selectmen contacted Terry about burning at the Transfer
Station. It will be taken care of.
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.
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.
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.
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.
made a motion to rescind City rental Ordinance and the Animal Control
Ordinance. Brett seconded. All in
question on the legality of rescind it unless its brought before a meeting for
will check to see if it has to be at a Special Town Meeting.
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.
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.
made a motion to revisit the Animal Control and Rental Ordinances. Brett seconded. All in favor.
made a motion to adjourn at 9:00pm.
Brett seconded. All in favor.
Anne McCrea, Recording Secretary
some research on State laws concerning home rules. The first objections are
technicalities but they seem to make the meeting invalid.
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.
procedure and wording was not followed.
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.
moderator took part in the discussions. That is not permissible.
(Section VI – Performance Standards A through H)
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.
30-A Par.4161 Standards; Installation:
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.
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
(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
forwarding mortgage information etc. during permitting is none of the towns
(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.)
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?
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.
appeal process is not clear. It mentions Selectmen, the CEO and at the end the
planning board. Who is the ultimate decider?
(Section IX – Emergency calls)
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
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. .
next meeting either to vote the ordinance out, amend the ordinance to address
the above outlined issues or establish a new ordinance.
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.
insurance - no permit. No inspections by the CEO needed.
tenants have any problems with the dwelling they can follow the tenants rights
laws which are anchored in state statues.
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
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
480 North Searsport Rd,
Swanville ME 04915