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October 13, 2020 ~ Select Board Meeting

2020-10-13 · Select Board · 1:10:35 · watch on YouTube →

A Select Board meeting held over Zoom three weeks before the 2020 election, with four of five members present. The board held the annual general assistance public hearing and adopted the ordinance and 2021 appendices, then held over two junkyard documents after finding that the consent agreement never defines what 'cleaned up' means and that a proposed release would have the town hold a former junkyard owner harmless for any contamination. Most of the meeting was the capital improvement plan review, in which the fire chief said replacing apparatus in the next two or three years is not achievable and asked for a paid evaluation of what the town actually needs; the quint and the modular building were both pushed out to 2026. Department reports covered call volume, the end of the bond paving programme, the new ballot drop box outside the town office and the mechanics of running the election. The board adjourned by roll call after approving the consent agenda.

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. 1:06
    Call to order and roll call

    Kevin Neto called the meeting to order on 13 October 2020 and took the roll in the Zoom format: Rich George, Todd Bolier, Mark Farren and himself present, Rob Panto excused. Three are needed for a quorum and four were present; no amendments to the agenda were offered.

  2. 1:06
    Public comment

    The chair opened the floor to public comment on any town matter. Nobody (?) spoke.

  3. 1:06
    Public hearing on the general assistance ordinance

    The chair explained the board has to adopt the general assistance ordinance and its annual appendices each year, which set the maximum amounts the town will provide for categories such as food, rent and heating oil, with the state reimbursing 70% of the recommended amount. He said the item had been overlooked at the previous meeting, and that the town has had very little call on this funding for as long as anyone can remember. Nobody (?) spoke at the hearing.

  4. 1:06
    Emerson junkyard consent agreement

    The code enforcement officer said that when he went to do inspections the owner told him he no longer wants to run the junkyard and only needs time to close, so a consent agreement was proposed with a 1 May deadline rather than letting it stretch into the summer. He asked in what order the parties should sign. The chair pointed out the agreement says the junkyard will be 'cleaned up' by 1 May but nowhere defines what that means.

  5. 6:47
    What counts as cleaned up, and environmental liability

    The code enforcement officer said his test would be that nothing remains that would cause the property to be classified as a junkyard, and that the agreement could be amended to list cars, drums, tires and junk. Rich George (?) asked whether a closing junkyard has to deal with ground contamination; the officer said he has read nothing requiring soil testing and that the statute addresses junkyards but not cleanup, though the owner of a previously closed junkyard must disclose the history on sale and, he believed, still carries pollution insurance.

  6. 6:47
    Consent agreement held over

    The board agreed there was no rush and that the questions should go to the town attorney: what liability the owner retains for soil or groundwater contamination, the order in which the parties sign, and whether that should be written down as a standard process. Rich George (?) added that the town should confirm the people signing actually hold the deed, since the property belongs to two siblings and both consents are needed.

  7. 11:52
    The proposed release for a former junkyard owner

    Nobody on the board was sure why the town was being asked to sign a release, and the code enforcement officer said he had not seen it, which the chair said meant it should not have been on the agenda. The document would have the inhabitants of the Town of Durham release, acquit, forever discharge and hold harmless John Pila (?) from all liability for injuries or damages arising out of a zoning enforcement action by the town.

  8. 11:52
    Board declines to sign the release

    Rich George (?) said the document reads as though the property owner's attorney drafted it and the town attorney merely forwarded it, and that the town is not in a position to absolve the owner of whatever may have happened on the site. The chair agreed, noting there is no enforcement action pending and that he did not want to sign away the town's position on possible ground contamination that is not apparent now.

  9. 11:52
    Documenting inspections

    Asked whether he had written to the owner confirming the visible cleanup was satisfactory, the code enforcement officer said the owner walked the property with him and he gave a verbal assurance but had not documented it beyond the date of the visit. The board said anything of that kind should be documented, and suggested a plain letter would serve better than a release.

  10. 11:52
    A committee for the Union Church

    Ruth (?) said Candi has been in several times about an earlier idea for a committee of stakeholders to oversee renovation or upkeep of the Union Church, and asked whether this was a good time to start it. Rich George (?) said 'renovation' needs defining, since it could mean anything from routine upkeep to a full rebuild, and that this is for the town to settle rather than only the board.

  11. 17:27
    Scope of the Union Church committee

    The board agreed Ruth should draft a charter setting out the committee's role: overseeing everyday maintenance of the sort Todd Bolier has raised, such as steps and windows, and also developing a plan for a larger preservation effort including how it would be funded. Members noted the town voted to make the historical society the building's tenant, so any change of purpose would have to go back to voters. Ruth was asked to bring a draft to the next meeting.

  12. 17:27
    LRAP certification

    Ruth (?) explained the town must certify to the state each year that the road funds were spent in the manner required, which it does, but the board has to approve the certification. The chair asked Calvin to confirm on the record that the money was used as intended, and he did.

  13. 17:27
    Capital improvement plan review begins

    The chair described the board's role as reviewing Ruth's materials and amending the schedules before handing them to the CIP committee for detailed work, ranking and a recommendation. The fire chief said that, given where he expects town finances to be, replacing anything in the next two to three years is not realistic, and returned to his request for an evaluation of the department and its apparatus, which the CIP committee had not ranked well the previous year.

  14. 23:19
    Cost of the fire department evaluation

    The chief put the evaluation at $13,000 and compared it to the $8,000 the town spent on the town manager process, arguing that without an in-depth review the town is guessing with its money and his own as a resident. The board recalled a consensus last year that some review should be done but not necessarily with the vendor originally proposed, so the chair asked for an RFP; the chief said he would have it ready for the next meeting.

  15. 23:19
    The quint on the capital schedule

    The chair proposed taking the quint off the schedule entirely, noting the plan was to buy another used one at $530,000 while a new one of quality would run 1.1 to 1.2 million. He said the apparatus is a touchy subject and there is little enthusiasm outside parts of the fire department for replacing it; the chief asked to move it to 2025 until the evaluation shows what the town actually needs.

  16. 28:21
    Quint (?) moved out to 2026

    The board and the chief settled on 2026 rather than 2025, so that the five-year horizon the CIP committee works to is clear while the item stays on the docket.

  17. 28:21
    The modular building

    The chair said he was surprised to see the modular on the fire department schedule, that the board has been clear it is not interested in renovating it for overnight fire department accommodation, and that it is a municipal building which belongs on the municipal schedule. He raised the possibility of moving it to the town office property as an expansion, given the office's space constraints, and the board agreed to move the item out to 2026 as well.

  18. 28:21
    The chief's plans for the modular

    The chief said his documentation from 2010 shows the building was obtained from the boosters club for the fire department with a view to overnight staffing, which remains a real problem for him at night, and that he was developing a recommendation to move the code enforcement officer over. He also described new carpet, cleaning it up for office and storage space, and asking the sheriff's office whether deputies would use it to write reports. The chair said he was free to recommend, but that moving a town employee out of the town office should be discussed with the board before any planning, and that he did not think money should be invested in the building beyond maintaining it for its current purpose.

  19. 28:21
    A workshop on the fire department's future

    The chair recalled that just before the pandemic the board had been planning a workshop with the fire department about its future direction, and said the assessment might be followed by public hearings on the level of service the town wants, particularly for EMS, and what residents are willing to pay for.

  20. 33:59
    The radio repeater

    Asked why the repeater at the top of the tower at the station is listed as a facility rather than equipment, Ruth (?) said it was insured under facilities but agreed it did not really belong there, and the board moved it to the fire station's schedule. The chief said it was put in primarily for the town's channel but is used county-wide, that his understanding is the county covers the cost and any future replacement while the town only provides the structure, and that he would check the agreement rather than say so with certainty.

  21. 33:59
    Air packs and the public works truck

    The chief said air packs are not on the schedule and will have to be added because the grant was not awarded, and that he would work on the figure that week. Calvin (?) confirmed the one-and-a-half ton dump truck he wants to buy this year will go through the CIP process.

  22. 33:59
    Underspent operating funds taken off the schedule

    The chair asked that the public works line relying on underspent operating funds be zeroed out, because the town will be asked to stop the practice of moving unspent operating money into reserve accounts and let voters decide instead. The fire department has already taken it out; he suggested that if Calvin needs the $50,000, the amount to be raised should go from 100 to 150 rather than counting on money that may not be there.

  23. 33:59
    Vehicle replacement intervals

    Asked why large dump trucks are given a twelve-year life and smaller pickups only ten, Calvin (?) said the big ones had been pushed out to twelve and that ten is right for the smaller trucks because they are being overtaxed by the amount of plowing they do.

  24. 39:33
    Eureka Center flooring

    Rich George (?) questioned replacing the existing VCT flooring with wood; Ruth (?) said wood would look prettier but vinyl would be fine. He said the tiles are popping because the adhesive was not done properly, that cracked tiles are common and can be reheated and replaced individually, and that wood is a bad idea over an unlevel, uninsulated floor on a building without a traditional foundation. He put a buff, wax and a few replacement tiles at a couple of thousand dollars.

  25. 39:33
    Connecting the space questions

    The chair said he was surprised there were no capital expenditures for equipping the Eureka Center to host public meetings, and argued the questions are all connected: overnight space at the fire station, the town office's space constraints, where the modular should sit, and using the Eureka Center for meetings. He suggested a comprehensive look at what the town's needs are over about five years, possibly by hiring someone to work from a written set of requirements.

  26. 44:53
    Where the flooring figure came from

    A member said the board should have a solid ballpark for costs like the Eureka Center flooring and did not know where the number came from. Ruth (?) said it was derived from square footage extrapolated against square foot costs for wood flooring, though she could not recall the square footage; Rich George agreed a more in-depth look was needed.

  27. 44:53
    Reserve funding and lost interest income

    The chair argued for making the case for reserve funds in the municipal capital account rather than targeting specific expenditures before the homework is done. Ruth (?) said the $10,000 figure is roughly the revenue the town will lose this year from lower interest rates: bank account interest brought in about $20,000 last year and will be about half that this year.

  28. 44:53
    When to hold the facilities discussion

    Asked when the wider conversation should happen, the chair said the pandemic complicates it, that board and department heads could sit six feet apart at the fire station but it would have to be a public meeting and broadcast. Rich George (?) said a clearer picture of the direction and actual need for each building is required first, driven by what the town's growth over the last four or five years will demand, or the budget figures are hypothetical.

  29. 50:33
    Waiting on the town manager question

    Members suggested taking a short-term approach and seeing what happens with the town manager question at the election, on the basis that a manager should be able to lead the assessment even if they do not arrive with the answers. The chair proposed revisiting it at the later November meeting once the election results are known.

  30. 50:33
    Explaining the CIP process to the public

    Rich George passed on a question from someone watching about where the monetary requests go. The chair explained capital requests for 2021 go to the capital improvement committee, which reviews them, often meets the department heads, and ranks them in priority order; the select board and the budget committee then each recommend how far down that list the town can go in a given year.

  31. 50:33
    Next steps on the schedules

    Calvin was to take the $50,000 unspent money line off, the chief to make his adjustments, and Ruth to update the spreadsheet, fix some calculation errors of her own and resend it. Ruth (?) said the CIP committee usually starts meeting in mid-November; the chair said they need not wait for the facilities discussion, since none of it affects 2021 apart from the $10,000 reserve request.

  32. 55:45
    Fire department report

    Chief Moore (?) said call volume is still 50 calls ahead of last year and that he is starting the 2021 budget work, foreseeing a small surplus again after four months with no trainings or meetings and the initial dip in calls before they exploded. The department had its SHAPE award renewed by the Department of Labor and got into the school for a couple of days for a modified fire prevention week presentation.

  33. 55:45
    Road commissioner's report on paving

    Calvin (?) said ditching, box cutting, under drains, culvert replacements and other construction work are wrapped up on Deervale and Rangdale, and the crew is prepping ahead of Crooker for paving. Crooker finished Brown Road and Grant Road, which effectively completes the bond surface paving except for Day Road, held until next year, leaving transition paving and shouldering.

  34. 55:45
    The ballot box pad

    Calvin (?) reported pouring a reinforced concrete slab for the ballot box outside the town office, with rebar and anchor bolts drilled in to secure it. A board member said he thought the board had said no to the ballot box; Ruth (?) said the last conversation was that she could go ahead as long as it cost the town nothing, with 80% paid by the state and the remainder, including Calvin's work, covered by grants Becky obtained.

  35. 55:45
    Winter sand and the new plow truck

    The crew is hauling crushed stone for the winter gravel road sand mix, and the winter sand goes out to bid in the coming week after the price rose a dollar a yard. The new tandem axle plow truck has arrived at Freightliner of Maine and goes to Viking (?) this week for the plow package, which they say should be done in December.

  36. 1:01:16
    Town administrator's report on the election

    Ruth (?) said almost all her time has gone on the election: a large number of ballots processed as of the previous Thursday, all applications received before the ballots arrived now mailed out, and in-person voting running at the office with a steady stream of people coming in either to vote or to request a ballot in person.

  37. 1:01:16
    Putting the state and federal ballots online

    A member said someone had asked whether the state and national sample ballots are on the town website alongside the municipal one. Becky (?) said she received them on the 2nd to proofread the ballots and could send them on, and the board agreed they could also simply link to the state's own copies so residents can see all the ballots in one place.

  38. 1:01:16
    Locking the ballot drop box

    Rich George (?) asked whether someone has to be at the box when the polls close. He was told the box locks and someone must go to the town office at 8:00 p.m. to lock it, as happened in July when a staff member stayed until 8:00 and then phoned in that there were no more ballots. Members discussed whether people queuing at the box at 8:00 should still be allowed to deposit, and whether the box should be at the polling place at all in such an unusual year.

  39. 1:06:37
    Ballot handling rules

    Becky (?) said the box can be locked on election morning, which was not possible in July because the mail slot beside the door had no outside locking mechanism, so staff had to retrieve ballots from it periodically despite a sign directing people elsewhere. Only the town clerk and the deputies she appoints, including Pam and Ruth, hold a key; the state asks that two people unload the box and recommends a log, so they record the count, initials, date and time each time.

  40. 1:06:37
    Consent agenda

    No board member asked for anything to be pulled out for separate discussion, and the consent agenda was approved by roll call.

  41. 1:06:37
    Upcoming meetings and adjournment

    Meetings were announced for Tuesday 27 October and Tuesday 10 November 2020 at 6:30 p.m., with the chair noting election day is 3 November but that absentee and in-person voting are already available at the town office. The board adjourned by roll call, and members were asked to come in Thursday or Friday to sign the documents arising from the meeting.

What was decided

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

Elsewhere

← 2020-09-22 Select Board2020-10-27 Select Board →All meetings

Source & method

Town of Durham meeting recordings, YouTube auto-captions, and the town's written minutes
Captions cleaned into timestamped transcripts; topics and motions found by pattern matching; summaries written by a language model and required to cite the second each item begins. Every name attached to speech is checked against the attendance list in the minutes, and marked (?) where no record confirms it
https://www.youtube.com/@durhammaine/videos
Summary written by claude-opus-5. No minutes matched.
Data as of 25 August 2026 (the date of the newest recorded meeting in the index); retrieved 2 September 2026.