Select Board Meeting ~ December 17, 2024

2024-12-17 · Select Board · 1:23:51 · watch on YouTube →

A Select Board meeting with the full board present, held at 5:30 so the board could open its 2025 budget discussion with the budget committee invited to watch. The board renewed the town's two junkyard permits retroactive to October 1, 2024, and heard from the code enforcement officer that several other properties in Durham meet the state definition of a junkyard without a licence, along with a proposed ordinance that would let him issue fines rather than only notices of violation. The bulk of the meeting was direction to the town manager for a first draft budget: the board moved to have him explore restoring administrative staffing to 2020 levels of four people behind the counter, and to build in a compensation adjustment tracking the cost of living. Members debated at length whether department heads should submit a baseline budget or their full requests, with the chair pressing for as close to baseline as possible because the town is moving to an 18-month budget and a fiscal year and faces a revaluation. The town manager also walked the board through the reserve accounts, the condition of the gazebo, and unused town buildings, and the board set a timeline of a draft in early January, a finalised budget by the second January meeting, and hand-off to the budget committee in the first week of February.

No written minutes could be matched to this meeting. The transcript records that the speaker changed but never who was speaking, so any name attached to a statement below is inferred from context and is marked (?).

What was discussed

1. 4:41
   Call to order and junkyard permit process

   The chair opened the meeting at 5:30 with a quorum; there were no agenda amendments, no public comment and no old business. Allan (?), the code enforcement officer, explained that he has no authority to approve junkyard licences himself, only mobile home parks, and that under state law the select board issues the permit. He has written a revised application requiring submission before the code officer's inspection and no later than September 1, since licences expire October 1, and said a public hearing is optional for renewals.

2. 4:41
   Inspection findings on the two applications

   The code enforcement officer said he inspected both properties against the application and the law and both comply. One has a front fence getting dilapidated that will need to be kept intact; the other had material encroaching on the road and pulled it back before the inspection. He noted the town office filing system makes historic records hard to find.

3. 10:11
   Vote on the two junkyard permits

   The board confirmed these are the only two licensed junkyards in Durham, that abutters were notified and that no complaints were received. A motion was made to approve the two junkyard permits retroactive to October 1, 2024 for a one-year period.

4. 10:11
   Unlicensed junkyards and a proposed violation ordinance

   The code enforcement officer said several properties meet the state definition of a junkyard and are not licensed, and that at present all he can issue is a notice of violation, leaving further action to the select board. He circulated proposed language, previously reviewed by an attorney named as Kristen (?), that would let the code enforcement officer issue violations with a $300 fine and $100 a day thereafter, though he said he would normally give a week's warning first. He said his time is the constraint: he is paid for 34 hours a week, works at least 40, and junkyards and gravel pits sit outside his regular work.

5. 15:47
   Opening the 2025 budget discussion

   The chair explained that the budget prepared by the town manager should reflect what the select board wants, so the board needs to give direction before the first draft. He named two priorities: increasing administrative capacity back to 2020 levels of four people behind the counter, and a compensation adjustment aligned with the cost of living and commensurate with roles and responsibilities. Beyond those two, his view was that nothing new should be added because the town is switching to an 18-month budget and a fiscal year.

6. 15:47
   Whether to hear from department heads first

   A board member said she was not ready to agree without first hearing from the fire chief, the town manager and the road commissioner in case something is outstanding that the board does not know about. The chair drew a distinction between equipment or operating needs, which come up through the normal budget, and new initiatives such as funding a transfer station or a new service, which he said should come from the board.

7. 21:40
   Case for the additional administrative position

   The chair argued the extra capacity could pay for itself through work not currently being done, such as collecting back taxes, and would free the town manager for town manager work. Members discussed that staff currently have to break off tasks to serve the counter, that there is no cover when someone is sick or at training, and that a full-time post is 37.5 hours. The board also discussed whether the office should open a fifth day.

8. 27:10
   Motion on administrative capacity, and the contractor alternative

   A board member suggested that some of the work might instead be done under a three or six month contract, as had worked well with Mark on accounting services, though Mark's role is separately budgeted. The chair put the motion to direct the town manager to explore increasing administrative capacity to 2020 levels with four people behind the counter, stressing the vote only asks the town manager to budget for it so the board can see the fiscal implication.

9. 27:10
   Motion on a cost of living compensation adjustment

   The chair moved that the town manager build into his budget a compensation adjustment reflecting the cost of living and commensurate with roles and responsibilities. The transcript records the motion as made by Joe and seconded by a different Joe.

10. 32:36
    Debate over alternative percentages and an overall cap

    Josh (?) asked to see what different percentages would cost, noting school and county budgets have gone up and the town lacks the commercial base other communities have. The 2025 cost of living adjustment was cited as 2.5 percent from Social Security, with MMA guidance and the Northeast consumer price index also raised. Jerry (?) said he would use the Northeast cost of living figure and did not want to prepare two or three separate budget workbooks, and a board member suggested setting an aggregate upper limit instead.

11. 37:52
    Baseline budget versus department requests

    Members went back and forth over whether telling departments "nothing new" would stop them asking for what they need to do their jobs. Paving was used as the example: the road commissioner currently paves about 2.5 miles a year against roughly 40 miles of town road, which the town manager pointed out is a 20-year rotation the roads will not survive.

12. 42:54
    Contingency and the tightness of the current budget

    A board member asked for a contingency in the budget for the 18-month period. Jerry advised against a contingency line in the operating budget because it raises the amount to be raised, and suggested instead a warrant article authorising use of fund balance if needed. Members described the current budget as extremely tight, with less than one percentage point of margin.

13. 48:17
    Role of the board in setting the budget

    Jerry (?) said departments budget on what they need rather than what they want, and that in most municipalities the council or select board sets the cost of living adjustment and does goal setting before handing direction to the manager. The chair restated his position: a budget covering the cost of doing business as the town provides it now, with the two exceptions already voted on.

14. 48:17
    Reserve accounts

    Jerry took the board through the reserve schedule, noting the 2025 figures are 18-month equivalents, that adding six would bring the grants reserve to the agreed $30,000 for grant matching, and that the public works reserve is a set $205,000 a year over ten years rather than a percentage. He asked the board to decide whether contributions to Durham youth baseball and the snowmobile club should be drawn from the recreation reserve rather than raised again, and raised the scholarship fund and general assistance.

15. 53:24
    Comprehensive plan, gazebo and unused buildings

    Jerry (?) said the town will need a comprehensive plan in the next couple of years, which he was told by George Thebarge (?) would cost around $100,000 with a consultant. He flagged the gazebo, the modular behind the fire station and the building at River Park as assets sitting unused, noting the buildings reserve holds $70,000. Board members said they would rather see the baseline budget first and then decide, and suggested restarting the visits to town buildings that were begun a year or two ago.

16. 59:10
    Paying for the gazebo

    Josh (?) noted the gazebo is in the historic district and that part of the commission's charge is to help find ways to raise money for work, so the board should ask them to do that. Another member said her preference would be to put the cost to the voters as a warrant article, as was done with the additional reserves for the Union Church. Contractor estimates were reported: about $20,000 before any work starts, against roughly $15,000 for a prefabricated replacement, with only the roof possibly containing original material.

17. 1:04:31
    Fire department and budget timeline

    The fire chief said the department is aiming for level service across the 18 months, which is difficult with call volume up more than 10 percent this year. The chair set out the timeline: a draft from the town manager for the first meeting in January, comments then, the budget finalised at the second January meeting and handed to the budget committee in the first week of February. He said he had already put this to the chair of the budget committee by email.

18. 1:04:31
    Board member reports: ad hoc committee email accounts

    The chair reported that committee members are getting their town email accounts logged on, that at least two have confirmed, and that he expects activity to pick up in January.

19. 1:09:47
    Resident correspondence, historic district workshop and bylaws

    A board member (?) raised five items. A protocol now sends an acknowledgement when correspondence is received; an automated reply was considered but would reply to everyone outside the organisation. The workshop the attorney is to facilitate between the select board and the historic district commission needs a confirmed date communicated to the commission. MMA has clarified that committees and commissions make and vote on their own bylaws and the board signs them, which the board noted was Josh's original reading.

20. 1:09:47
    Board tracking sheet and scheduling the violation policy

    Deb (?) and the chair described a colour-coded tracking sheet they are building to record the board's open items and close the loop on them, and said they would explore whether it could live in a public space. The board asked that the violation policy the code enforcement officer proposed be put on an agenda, and settled on February, since January is taken up with the budget.

21. 1:15:06
    Whether the violation policy needs an ordinance change

    Members asked whether empowering the code enforcement officer to issue fines can be done by select board policy or requires an ordinance change voted at town meeting, and agreed that answer needs to be part of the agenda item. It was noted the proposed language would need review by the town's own attorney rather than relying on a version written for another town, and that it would have implications for revenue and for the code officer's hours.

22. 1:15:06
    Cemetery costs and the architectural survey

    One item concerned a cemetery, where Calvin (?) is to determine the mowing and maintenance cost before the town votes on accepting it at town meeting. On the historic district, GPCOG came back saying it is light on the expertise needed for an architectural survey and would have to build capacity, while the assessing company already collects most of the required information, so the recommendation was to wait and take the data from the 350 properties rather than spend money in 2026 on something available in 2027.

23. 1:20:47
    Consent agenda, upcoming meetings and executive session

    A motion was made to approve the consent agenda. The town office will be closed December 24 and 25; the planning board's regular meeting and battery energy storage system workshop is January 8, 2025 at the fire station at 6:30, and the next select board meeting is January 14, 2025 at the same place and time. The board then moved into executive session under 405(6)(A) on a personnel matter.

What was decided

• 10:11
  Motion to approve the two junkyard permits retroactive to October 1, 2024 for a one-year period. The chair stated it passed unanimouslypassed
• 27:10
  Motion to direct the town manager to explore increasing administrative capacity to 2020 levels, four people behind the counter. The chair stated it passed unanimouslypassed
• 32:36
  Motion to ask the town manager to build into the budget a compensation adjustment reflecting the cost of living and commensurate with roles and responsibilities. The chair called for opposition and none was recorded, but no result is statedoutcome unclear
• 1:09:47
  Agreement to put the code enforcement officer's proposed violation policy on a February agenda, with the question of whether it needs an ordinance change to be answered as part of that itemoutcome unclear
• 1:20:47
  Motion to approve the consent agenda. The chair called for opposition and recorded none, but no result is statedoutcome unclear
• 1:20:47
  Motion to go into executive session under 405(6)(A) on a personnel matter, moved by Joe. The chair then stated the board was moving into executive sessionpassed

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.

Worth knowing

• 10:11
  Durham has only two licensed junkyards. The code enforcement officer said several other properties meet the state definition and are unlicensed, and that all he can currently issue is a notice of violation. The proposed ordinance would let him issue a $300 fine followed by $100 a day.
• 10:11
  The code enforcement officer said he is paid for 34 hours a week, works at least 40, and still cannot get everything done, with junkyards and gravel pits falling outside his regular work.
• 59:10
  Contractors have put repair of the gazebo at about $20,000 before any work begins, against roughly $15,000 for a prefabricated replacement, and said only the roof may still be original. The buildings reserve holds $70,000. A separate estimate of about $100,000 was given for a consultant-led comprehensive plan the town will need in the next few years.
• 1:04:31
  The budget timeline is a draft from the town manager for the first January meeting, a finalised budget at the second January meeting, and hand-off to the budget committee in the first week of February. The fire chief said call volume is up more than 10 percent this year while the department is aiming for level service across the 18-month budget.

Motion language found in the transcript

Located by pattern matching, with no model involved: "I move that", "I'll second", "all those in favour". This is an independent check on the summary above: 4 passages of motion language, against 6 decisions summarised.

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