2023 Town Warrant

2023 DURHAM TOWN WARRANT

To: Kimberly Garneau, a resident of the Town of Durham, Androscoggin County, State of Maine

Greetings:

In the name of the State of Maine, you are hereby required to notify and warn the Inhabitants of the Town of Durham in said county and state, qualified by law to vote in Town affairs, to assemble at The Durham Eureka Community Center, 606 Hallowell Road, Durham, Maine on Friday, March 31, 2023 at 7:45 a.m., then and there to act upon Article 1 and by secret ballot on Articles 2 as set out below. Polls will be open from 8:00 a.m. to 8:00 p.m. Further, to notify and warn said inhabitants to assemble at Durham Community School on Saturday, April 1, 2023, at 9:00 a.m., then and there to act upon Articles 3 through 43 as set out to wit:

Article 1      To choose a moderator to preside at said meeting.

Article 2      To elect all municipal officers, school committee members, and budget committee
               members as are required to be elected.

Article 3      To see if the town will allow non-residents, who have information pertaining to any
               following articles, to speak when recognized.

Article 4      To see if the Town of Durham will vote to raise and appropriate an amount not to exceed
               the 2023 Durham Municipal Budget for any budget articles not approved in this warrant.

CAPITAL IMPROVEMENT ARTICLES

Article 5 To see if the Town will vote to appropriate and transfer $50,000 from the Public Works Capital Reserves Fund for stream crossing/culvert replacements. Select Board and Budget Committee recommend yes

Article 6 To see if the Town will vote to appropriate $105,000 from Coronavirus Local Fiscal Recovery Funds (aka American Rescue Plan or ARPA Funds) received by the Town from the federal government for the following project: “One-Ton Plow Truck for Public Works.” Select Board and Budget Committee recommend yes

Article 7 To see if the Town will vote to appropriate $50,000 from Coronavirus Local Fiscal Recovery Funds (aka American Rescue Plan or ARPA Funds) received by the Town from the federal government for the following project: “Exhaust removal equipment at the Fire Station." Select Board and Budget Committee recommend yes

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2023 DURHAM TOWN WARRANT

Article 8 To see if the Town will vote to raise and appropriate $60,000 for future Assessing/Market Revaluation Reserves. Select Board and Budget Committee recommend yes

Article 9 To see if the Town will vote to appropriate and transfer $60,000 from the Fire Department Capital Reserves Fund for the Rapid Response Vehicle. Select Board and Budget Committee recommend yes

Article 10 To see if the Town will vote to appropriate and transfer $32,800 from the Fire Department Capital Reserves Fund for the purchase of a Generator. Select Board and Budget Committee recommend yes

Article 11 To see if the Town will vote to appropriate $125,000 from Coronavirus Local Fiscal Recovery Funds (aka American Rescue Plan or ARPA Funds) received by the Town from the federal government for the following project: “Quint Fire Truck Refurbishing.” Select Board and Budget Committee recommend yes

Article 12    To see what sum the Town will vote to raise and appropriate for Public Works Reserves.

  Select Board Recommendation                  Budget Committee Recommendation
Raise and Appropriate   $100,000               Raise and Appropriate  $50,000

ORDINANCE WARRANT ARTICLES

Article 13 To see if the Town will vote to enact amendments to the Land Use Ordinance and Zoning Map as set forth in the document "Town of Durham, Land Use Ordinance as Adopted at Town Meeting, April 2, 2022, Proposed Revisions for Town Meeting, April 1, 2023,

PART 1 – DRAFT AMENDMENTS TO APPLY RESOURCE PROTECTION

CRITERIA PER 2018 COMPREHENSIVE PLAN RECOMMENDATIONS (Article 2 and the Official Zoning Map) to revise the Resource Protection District criteria and boundary to follow recommendations of the 2018 Comprehensive Plan for protection of natural resources and to correct mapping based on inaccurate floodplain data. Copies are available at the Town Office or online at www.durhamme.com

o Yes

o No

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2023 DURHAM TOWN WARRANT

Article 14 To see if the Town will vote to enact amendments to the Land Use Ordinance as set forth in the document "Town of Durham, Land Use Ordinance as Adopted at Town Meeting, April 2, 2022, Proposed Revisions for Town Meeting, April 1, 2023, PART 2 – DRAFT AMENDMENTS TO CLARIFY THE PROCESS FOR ACCEPTANCE OF ROADS FOR TOWN MAINTENANCE (Article 5)” to clarify that acceptance of any road for public maintenance requires Town Meeting approval. Copies are available at the Town Office or online at www.durhamme.com

o Yes

o No

BUDGET ARTICLES

Article 15 To see if the Town will vote to appropriate all General and Intergovernmental revenues received that are not dedicated or otherwise appropriated for other expenses, to reduce the tax commitment.

              Auto Excise Tax        $1,034,097
LRAP (Local Roads Assistance)           $54,724
             Building Permits           $28,154
            Electrical Permits           $9,975
            Plumbing Permits            $11,435
     Vehicle Registration Fees          $21,288
       Delinquent Tax Interest          $20,955
Tax Exemption Reimbursement             $23,853
             Town Clerk Fees             $4,995
              Misc. Revenues            $45,648
         Solid Waste Revenue            $33,381
              Ambulance Fees            $67,522
         Animal Control Fees               $949
           Cemetery Lot Sales                $0
    Eureka Community Center              $1,420
                Planning Fees            $3,416
                         Total        1,361,812

Intergovernmental Revenue
      State Revenue Sharing         $551,052
  Homestead Reimbursement           $322,683
      BETE Reimbursement              $1,027
                      Total         $874,762

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2023 DURHAM TOWN WARRANT

Article 16 To see what sum the Town will vote to transfer from Undesignated Fund Balance to be used toward the 2023 budget appropriation, thereby decreasing the amount to be raised from property taxes.

   Select Board Recommendation                 Budget Committee Recommendation
Total Appropriation      $230,000             Total Appropriation       $230,000

Article 17    To see what sum the Town will vote to raise and appropriate for the Fire and Rescue
              Department Budget.

  Select Board Recommendation                  Budget Committee Recommendation
Raise and Appropriate   $522,470               Raise and Appropriate  $522,470

Article 18    To see what sum the Town will vote to raise and appropriate for the Public Works
              Operating Budget:

   Select Board Recommendation                  Budget Committee Recommendation
Raise and Appropriate  $1,338,920            Raise and Appropriate      $1,338,920

Article 19    To see what sum the Town will vote to raise and appropriate for the Administration
              Budget:

   Select Board Recommendation                 Budget Committee Recommendation
Raise and Appropriate    $535,924            Raise and Appropriate      $535,924

Article 20    To see if the Town will vote to raise and appropriate $372,540 for Solid Waste.
              Select Board and Budget Committee recommend yes

Article 21    To see if the Town will vote to raise and appropriate $12,000 for Bulky Waste Day.
              Select Board and Budget Committee recommend yes

Article 22 To see if the Town will vote to raise and appropriate $958,394 for the Town of Durham’s annual debt service. Select Board and Budget Committee recommend yes

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2023 DURHAM TOWN WARRANT

Article 23    To see what sum the Town will vote to raise and appropriate for: Animal Control

   Select Board Recommendation                 Budget Committee Recommendation
Animal Control         $18,600                Animal Control          $18,600

Article 24    To see what sum the Town will vote to raise and appropriate for: Assessing
                  Select Board Recommendation                  Budget Committee Recommendation
               Assessing            $21,000                  Assessing               $21,000

Article 25    To see what sum the Town will vote to raise and appropriate for: Cemeteries
                  Select Board Recommendation                  Budget Committee Recommendation
               Cemeteries                 $450               Cemeteries                  $450

Article 26    To see what sum the Town will vote to raise and appropriate for: Conservation, Parks &
              Recreation

    Select Board Recommendation                 Budget Committee Recommendation
Transfer from Conservation, $9,380            Transfer from Conservation, $9,380
Parks and Recreation                          Parks and Recreation
Raise                         $0              Raise                         $0
Total Appropriation         $9,380            Total Appropriation         $9,380

Article 27    To see what sum the Town will vote to raise and appropriate for: Eureka Community
              Center

    Select Board Recommendation                 Budget Committee Recommendation
Eureka Center           $6,535                Eureka Center              $6,535

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2023 DURHAM TOWN WARRANT

Article 28    To see what sum the Town will vote to raise and appropriate for: General Assistance
                 Select Board Recommendation                   Budget Committee Recommendation
              General Assistance      $600                   General Assistance         $600

Article 29    To see what sum the Town will vote to raise and appropriate for the Telecommunication
              Budget:
                  Select Board Recommendation                   Budget Committee Recommendation
              Transfer from Franchise Fees $52,000             Transfer from Franchise Fees $52,000
              Raise                             $0             Raise                             $0
              Total Appropriation          $52,000             Total Appropriation          $52,000

Article 30    To see what sum the Town will vote to raise and appropriate for the Planning
              Board/Appeals Board/Historic District Commission Budget:

    Select Board Recommendation                  Budget Committee Recommendation
Raise and Appropriate      $46,420              Raise and Appropriate     $46,420

PROPERTY TAX LEVY LIMIT

Article 31 To see if the Town will vote to increase the maximum property tax levy limit established by State Law, in the event that the municipal budget approved by this referendum results in a tax commitment in excess of the maximum property tax levy limit otherwise allowable. The levy limit is: $1,872.790.00

Note: The municipal tax assessment is expected to be well under the Levy Limit in 2023, making a vote on this article unnecessary. However, it appears on the warrant in the event the budget is amended at Town Meeting to an amount that would exceed the Levy Limit.

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2023 DURHAM TOWN WARRANT

BUSINESS ARTICLES

Article 32 To see if the Town will vote to reduce the number of seats on the Budget Committee from 9 to 7, electing 2 members instead of 3 in 2024 and 2025; the process would be that if a seat is vacated by a member prior to the end of their term, that seat shall not be filled by Select Board appointment or Special Election unless filling the seat is necessary to maintain a minimum of 7 Budget Committee members.

Article 33 To see if the town will vote to appropriate an amount not to exceed 5% of the total 2023 Net Assessment for Commitment to pay tax abatements and applicable interest granted during the 2023 fiscal year.

Article 34 To see if the Town will vote to authorize the Select Board to seek, accept and disburse grant funds from private, state or federal agencies, for the purpose so designated in each specific grant.

Article 35 To see what action the Town will take in regard to fixing interest on delinquent taxes and establishing a date for interest to start. Interest shall begin to accrue on all unpaid taxes forty- five days after the date taxes are committed. The interest rate on delinquent taxes shall be the maximum allowable by State Law.

Article 36    To see if the Town will vote to leave the appointment of standing committee members and
              officials in the hands of the Select Board.

Article 37 To see if the Town will vote to authorize the Select Board to dispose of town owned property which they determine is no longer needed or usable by the town, on such terms as they deem advisable.

Article 38 To see if the Town will vote to authorize the Select Board, on behalf of the Town, to sell and/or dispose of any property acquired by tax liens and allow the Selectmen to authorize the Treasurer to waive automatic lien foreclosures when it is in the best interest of the Town.

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Article 39    To see if the Town will vote to set the interest rate to be paid by the Town on overpayment
              of abated taxes at 2% pursuant to 36 MRSA § 506-A.

Article 40 To see if the Town will vote to authorize the Tax Collector or Treasurer to accept prepayments of taxes not yet due or assessed, and to pay interest thereon at an interest rate of 0% pursuant to 36 MRSA § 506.

Article 41 To see if the Town will authorize the Select Board to resolve any disputes with parties having an interest adverse to that of the Town which do not involve the expenditure of public funds or where there are sufficient funds in budgeted accounts to allow payment of any claim which is to be settled.

Article 42 To see if the Town will vote to authorize the Select Board to spend an amount not to exceed one third (1/3) of the budget amount in each category of the Town of Durham 2023 annual budget during the period from January 1, 2024 to the close of the 2024 annual town meeting.

Article 43 To see if the Town will vote to authorize the Treasurer to borrow money on notes approved by at least three members of the Select Board and countersigned by the Select Board Chair, to pay for the operating costs of the Town.

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2023 DURHAM TOWN WARRANT

Given under our hands this 21st day of March, 2023 by the Durham Select Board:

_____________________________________ Kevin Nadeau, Chair

_____________________________________ Richard George, Vice Chair

_____________________________________ Joseph Tomm

_____________________________________ Josh Klein-Golden

_____________________________________ Todd Beaulieu

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