Select Board Meeting ~ March 8, 2016

2016-03-08 · Select Board · 1:00:24 · watch on YouTube →

A select board meeting in the run-up to town meeting and the RSU 5 withdrawal referendum. The board took up whether to stay with Lisbon for emergency dispatch or move to Lewiston-Auburn 911, and concluded that while the service question is worth pursuing there is no money in this year's budget to switch. It then worked through the town meeting warrant, amending the capital improvement article so voters can see what the money is for and inserting a new article to raise $50,000 for the withdrawal committee, and planned the public hearing on the withdrawal referendum. Department reports followed: the fire chief on volunteer numbers and recruitment, the code enforcement officer on the Runaround Pond privy, E911 addressing, a sharp rise in new home permits and a personal question about Maine PERS, and the road commissioner on patching, culvert inventory and bulky waste day. The meeting ended with a motion into executive session on a personnel matter concerning the fire chief.

What was discussed

1. 0:01
   Quorum and amendments to the agenda

   All five selectmen were present. Items (?) added to the consent agenda were the February 23rd and March 1st minutes, an attorney communication, a communication from the Tri-Town track and field project committee after they were told they would not be on the warrant, a pro forma standalone Durham school budget with estimated tax impact, and an apology letter discussed the previous week. An executive session and a discussion of the coming public hearing were also added.

2. 0:01
   The standalone pro forma budget

   The pro forma budget for Durham as a standalone school unit, with an estimated tax impact, was put together by Kevin Nadeau after sitting down with the RSU's finance director. Members stressed it is an educated guess and may or may not prove accurate, and put it on the consent agenda so everyone could look at it.

3. 0:01
   Dispatch: where things stand with Lisbon

   The fire chief said he had nothing new since the last meeting beyond having met with Lisbon and wanting to make it work. A presentation from Lisbon was scheduled for March 14th at 7 p.m. at the station, open to selectmen, the budget committee, department officers and anyone else who wants to attend.

4. 5:09
   The Lewiston-Auburn 911 option

   The chief passed on an email from Phyllis Kamash, the LA911 director, asking where Durham stands, and said Sabattus appears to have approached her as well. Known costs are a recurring IT line charge of roughly $150 to $180 a month and a setup cost of almost $8,000; the per-capita charge is not known because LA911 would have to hire one or two new positions to take on the towns.

5. 5:09
   Asking for a number

   Members said they could not say yes or no without a price and asked the chief to go back and see whether LA911 would put a ballpark figure forward. One noted there must be a reason Sabattus wants to leave Lisbon.

6. 10:15
   Service rather than cost

   Asked which he would pick if the prices were equal, the fire chief said LA911, because there would be no transfer of the 911 call, they run box alarms, and their system is essentially paperless and electronic. He argued that as volunteer numbers dry up the town has to squeeze response times, and said that in his experience of places where the answering point and dispatch are separate people consistently raise concerns about the delay.

7. 10:15
   Not this budget year

   Members agreed there is not enough in this year's budget to make a switch, that a move would take at least three months and probably twelve, and that it is worth researching for the next budget year. The chief was to tell both LA911 and Androscoggin that Durham is interested in numbers but is not ready to jump ship.

8. 10:15
   The Lisbon contract term

   The choice was between asking Lisbon to write a contract running only to December 31st or signing the contract sent in December, which runs from January 1st 2016 to the end of 2018 with a clause allowing either party to terminate for convenience on six months' written notice and no penalty. Members were satisfied six months is enough warning given how long a move takes.

9. 15:51
   The warrant: alternative warrant committee articles

   On the attorney's advice the articles about the alternative warrant committee were put back roughly as they had been, because in the absence of a charter a vote cannot bind future boards, so the question has to be put every year.

10. 15:51
    Article 18: capital improvement

    Mike (?) asked that the capital improvement article, shown as a single figure of $66,400, be broken out so voters can see the three projects and what each costs rather than a vague number. Members agreed the detail should go in the body of the article after the recommendation.

11. 15:51
    A new article to raise the withdrawal committee money

    A member had noticed that article 3 authorises expending up to $50,000 and issuing notes for the RSU 5 withdrawal committee but never provides for raising the money. A new article six was proposed to raise and appropriate $50,000, needed only if article 3 passes, so the town would not have to borrow.

12. 20:57
    What happens if the money article fails

    A member pointed out that the withdrawal vote is by secret ballot on the Friday and town meeting is the next morning, so the town could commit to withdrawal and then decline to raise the money. The answer was that the town would borrow it and come back to raise it the following year, and that this should be explained at the meeting.

13. 20:57
    Grants article and public hearing struck

    The grants article, authorising the selectmen to seek, accept and disburse grant funds from private, state or federal agencies for the purposes designated in each grant, previously called for a public hearing. That was struck because state law does not require one and it had only ever been there by habit.

14. 20:57
    Planning the withdrawal public hearing

    The board planned to obtain the presentation Freeport used the previous year setting out each step of the withdrawal process rather than reinvent it. The pro forma budget would be made available with a clear warning that it is an estimate, and the petitioners who circulated the withdrawal petition would be welcome to bring handouts or make a presentation.

15. 20:57
    Time limits and format

    Freeport allowed each side 15 minutes and three minutes per question. Members were hesitant to cut off questions on an issue this large, and noted there does not appear to be an organised group on either side. Anyone wanting to use a PowerPoint should notify the town a couple of days ahead, and the hearing would be publicised on the town channel and website.

16. 26:04
    Who moderates

    Members discussed whether to bring in an independent moderator. The view taken was that the board has not adopted a position either way, so there is no conflict in the board running the hearing it called. One member disclosed that as a candidate he had been asked whether he personally supports withdrawal and had answered, and that his answer would probably be in the next day's paper.

17. 26:04
    Getting the warrant online early

    A member asked whether the warrant could be posted on the internet ahead of town meeting rather than waiting for the printed town report, so that people who cannot get to the meeting can see what is on it. Members agreed it could go up as soon as the warrant is settled.

18. 26:04
    Concessions at town meeting

    The fire chief asked permission to keep the department's concession stand in the entryway at town meeting as it has been every year; he still needs clearance from the school. Members noted no other fundraising group had asked, though there is a Girl Scout effort and a quilt raffle going on.

19. 31:14
    Volunteer numbers

    Asked whether there are enough people to crew every apparatus, the fire chief said yes if everyone turns out, but that daytime coverage is the struggle. There are 46 or 47 on the list and roughly 40 active, not all of them firefighters; some are EMS providers. State law requires two in and two out, so four firefighter-1 certified members must be on scene before any interior attack; six to eight can manage an average residence and a structural call often draws 15 to 20.

20. 31:14
    Recruitment and retention

    The chief called the one recruitment event held a total wash and a waste of several nights. His approach instead is to make the organisation somewhere people are glad to be, on the reasoning that members are the best advertisement. The department has moved EMS duty coverage from company nights to individuals choosing nights and weekends, which has been well received, and he expects a stipend question to come up eventually.

21. 36:41
    Why volunteers are hard to find here

    The chief said Durham house prices mean few first-time buyers, and rentals are few and rarely affordable for the people who tend to volunteer, so the town lacks the base a volunteer service draws on. He added that Maine's population is ageing with it: the department's average age has gone from the 30s when he started to the mid-40s now.

22. 36:41
    Runaround Pond privy

    The code enforcement officer had issued the plumbing permit for the pit privy, which replaces an existing privy in the same location and about the same footprint, so in his view it need not come before the select board. He will still take it to the next planning board meeting in case anyone there sees an issue. The project goes out to bid soon and should be finished before the season is over.

23. 36:41
    Recreation at Runaround Pond

    The Royal River Land Trust has become involved in property nearby, and L.L. Bean uses the site regularly as a principal location for its canoe programme rather than a backup. The code enforcement officer had begun conversations with Paige Crowley about the yurt programme on the lake and wanted to open a public and private dialogue about developing recreation there, calling it an underutilised resource.

24. 41:50
    E911 addressing

    The code enforcement officer is working through the E911 database starting with subdivisions, where addressing was either poorly done or not done at all; Beaverwoods Drive and Hunter Hill are among three now entered. On the Snow Road extension off Bowie Hill, letters are ready and the road sign is ordered, and with three existing structures he is sequencing the change carefully so residents know from the day it takes effect what address to give emergency services.

25. 41:50
    New home permits

    Seven of the last ten permits issued since about mid-December have been for new homes, with three more ready to submit, and the code enforcement officer reported a lot of inquiries from builders and developers looking at buying subdivision lots. He expected a significant impact through the spring building season.

26. 41:50
    Addressing at the start of the permit process

    If the new ordinance passes it will require an entrance permit from public works for driveways onto town roads, and the code enforcement officer intends to attach the address to that rather than waiting until the house is handed over. The fire chief's point was that carpenters get hurt on site and emergency services need somewhere to go; there would be no cost to builders.

27. 41:50
    Babcock permit appeal on hold

    The appeal to superior court from the Durham Board of Appeals decision on the Babcock permits is on hold at the request of both parties while they try to resolve it.

28. 41:50
    Multi-tiered permitting and the law court

    The code enforcement officer flagged recent law court decisions on how appeals within municipal ordinances are handled. In a Camden case an application needing a variance before it could go to the planning board produced a multi-year suit because every step allowed a separate challenge; the law court held that with a multi-tiered permitting process all challenges must wait until the permit is issued. He wants Durham's ordinance dissected and reorganised through that lens.

29. 47:33
    Maine PERS or social security

    The code enforcement officer raised, if the town moves him to full time, whether he could stay in social security rather than join Maine PERS. He turns 60 this year, PERS takes five years to vest and pays according to time in service, and joining would take about a 30 per cent cut from his social security benefit; the cost to the town, he said, is the same either way. Members said it was worth finding out what is allowed, noting the same question has come up in hiring interviews.

30. 47:33
    Administrator's report

    The annual report is complete and goes to the printers the following morning after one last look, and should be available on March 21st.

31. 47:33
    Public works: Runaround Pond and tree cutting

    The road commissioner reported staking out Runaround Pond for layout, with tree cutting in the ditches and roadside due to start the following week. He has been cutting overtime sharply by sending crews home early after overnight or early call-ins; that morning they came in at 3 a.m.

32. 53:14
    Patching and frost heaves

    Road patching is going into full swing, with members and the road commissioner saying they had never seen this many heaves, including in places that never had them. A new supplier delivers cold patch for less than the town used to pay collecting it, and last summer's patches are still intact where earlier ones failed within months.

33. 53:14
    Culvert inventory and DOT grants

    The town has no inventory of its cross culverts, so the road commissioner is mapping and recording them. He needs that before applying for the DOT stream crossing matching grants, which are open until April 5th; he described the application packet as thick and had heard roughly one in sixty is approved.

34. 53:14
    Training

    The road commissioner and Ron attended a practical math class for construction techniques in Portland, and he was due to attend a class on personnel matters and discipline on the Thursday.

35. 53:14
    Bulky waste day

    Bulky waste day is normally the third Saturday of May, and the consensus was to keep it on the 21st with the contractor coming out to walk the site beforehand. The one problem noted from last year was compactor trucks parked close to the building, which made the swing tight for anyone towing a trailer.

36. 58:33
    Upcoming meetings and key dates

    Regular select board meetings are Tuesday March 22nd and Tuesday April 5th at 6:30 p.m., with a candidates' forum of about five minutes each at the start of the March 22nd meeting. The public hearing on the RSU 5 withdrawal referendum is at the Durham Community School on March 15th at 7 p.m., and Lisbon's dispatch presentation is the following Monday at 7 p.m. at the fire station. The election of town officials and the withdrawal referendum are on Friday April 1st from 8 to 8 at the Durham Community School, with annual town meeting there on Saturday April 2nd at 9 a.m.

37. 58:33
    Executive session

    The board moved into executive session under 1 M.R.S.A. section 405(6)(A) on a personnel matter concerning the fire chief.

What was decided

• 0:01
  Accept the consent agenda as amended, adding the February 23rd and March 1st minutes, an attorney communication, the Tri-Town track and field committee's communication, the standalone pro forma school budget, and the apology letter. Moved, seconded, and the chair announced the motion carried.passed
• 15:51
  Amend warrant article 18 so that the three capital improvement projects and the amount for each appear in the body of the article, rather than the single figure of $66,400. Moved, seconded, and the chair announced the motion carried.passed
• 15:51
  On the Lisbon dispatch contract, no vote was taken. Members reached a consensus to bring the original three-year contract (January 1st 2016 to the end of 2018, terminable by either party for convenience on six months' written notice without penalty) to the next meeting for adoption.tabled
• 20:57
  Insert a new warrant article at article six to raise and appropriate $50,000 for the RSU 5 withdrawal committee, which would only be needed if the withdrawal article passes. Moved and the chair announced the motion carried.passed
• 26:04
  Allow the fire department to keep its concession stand in the entryway at town meeting, as it has in previous years, subject to the department also getting clearance from the school. Moved, seconded, and the chair announced the motion carried.passed
• 53:14
  Keep bulky waste day on May 21st, the usual third Saturday. Stated by the chair as the consensus of the board; no motion was made.passed
• 58:33
  Go into executive session under 1 M.R.S.A. section 405(6)(A) on a personnel matter concerning the fire chief. Moved, seconded, and the chair announced the motion carried.passed

An outcome reads "unclear" where the recording does not state it plainly. The recogniser drops short words, and "the motion does not carry" is one missing word from its opposite.

Motions the minutes record

The town's own written account of what was decided, taken from select_board_minutes_3-8-20161.txt. It owes nothing to the recording or to a model: the clerk typed it, with the vote. Where the summary above claims a decision this list does not carry, the summary is the part to doubt.

• Approve the Consent Agenda as Amendedcarried 5-0

  Moved by Joshua Libby, seconded by Sarah Hall

• add Article #6 as follows: To see if the Town will vote to raise and/or appropriate $50,000.00 for the RSU#5 Withdrawal Committeecarried 5-0

  Moved by Jeffrey Wakeman, seconded by Sarah Hall

• include an itemization to the Fire Department's request for Capital Improvements be included in Article #18carried 5-0

  Moved by Michael Stewart, seconded by Mark Blake

• Allow the Fire Department hold a food concession during the April 2nd 2016 Annual Town Meetingcarried 5-0

  Moved by Joshua Libby, seconded by Michael Stewart

• the Board into Executive Session Pursuant to Title #1, M.R.S.A., ss. 405(6)(A) – Personnel – Fire Chief preceded by a brief recess at 7:30 p.mcarried 5-0

  Moved by Jeffrey Wakeman, seconded by Joshua Libby

• restore Chief St. Michel's accrued sick time to 520 hours which will not accrue until the accrual falls below 480 hours and restore accrued vacation time as agreed upon between the Administrative Assistant and Chief St. …carried 5-0

  Moved by Jeffrey Wakeman, seconded by Michael Stewart

• Adjourn at 8:40 p.mcarried 5-0

  Moved by Joshua Libby, seconded by Mark Blake

Worth knowing

• 5:09
  The known costs of moving emergency dispatch to Lewiston-Auburn 911 are a recurring IT line charge of roughly $150 to $180 a month plus a setup cost of almost $8,000, with the per-capita charge still unknown because LA911 would have to hire one or two new positions to take Durham and Sabattus. Members agreed there is not enough in this year's budget to switch and treated it as research for the next budget year.
• 20:57
  The RSU 5 withdrawal referendum is decided by secret ballot on Friday April 1st, and town meeting is the next morning. A member pointed out that voters could approve withdrawal on the Friday and then decline the $50,000 appropriation for the withdrawal committee on the Saturday, in which case the town would have to borrow the money and come back to raise it the following year.
• 31:14
  The fire department has 46 or 47 people on its list and about 40 active, not all of them firefighters. Four firefighter-1 certified members must be on scene before any interior attack. The chief said the one recruitment event held was a total wash, that Durham house prices and the scarcity of rentals leave few people to recruit from, and that the department's average age has risen from the 30s to the mid-40s.
• 41:50
  Seven of the last ten building permits issued since mid-December have been for new homes, with three more ready to submit and steady inquiries from builders and developers looking at buying subdivision lots.

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