Select Board Meeting ~ February 7, 2017

2017-02-07 · Select Board · 47:18 · watch on YouTube →

The Select Board met on February 7, 2017 with four selectmen present, and spent most of the evening on the final budget workshop before the budget committee began meeting. Gene Villacci asked for a letter of no action over a setback problem at 257 Pinkham Road that had gone unnoticed for close to forty years, and the board granted it while he continues pursuing a variance from the board of appeals. The board opened five bids on town-acquired property at Map 8 Lot 22A and accepted the high bid of $50,200 from Steve Rand. The board went through every department's figures, discussed a possible road bond, the Pine Tree solid waste option and a county tax increase of 7.64 percent, accepted the resignation of the planning board chairman after twelve years, and voted to send Lisbon a letter of intent to stay with its dispatch service and to be included if Lisbon puts the service out to proposal. The recording ends with a motion to go into executive session on personnel.

What was discussed

1. 0:01
   Call to order and Pledge of Allegiance

   The chair, Jeffrey Wakeman (?), called the meeting to order, said there was a quorum with four selectmen present, and led the Pledge of Allegiance.

2. 0:01
   Amendments to the agenda

   The chair asked, if there was no objection, to table item 11 until the next meeting and to move item 6C2 to position 7D. He noted that the people for one item would not be attending that evening.

3. 0:01
   Consent agenda

   A motion to accept the consent agenda was made and seconded, and the chair called for all in favour. The minutes record it as accepted as amended.

4. 0:01
   Request for a letter of no action, 257 Pinkham Road

   Gene Villacci said his corporation, VEI, was asking for a letter of no action over a possible setback infraction between the house at 257 Pinkham Road and the neighbouring property to the north. He said the mortgage boundary survey done when the company bought the property out of foreclosure showed no setback issue, but that Paul had since found the land was subdivided in the 1970s and a house built without the problem being picked up. The setback is 20 feet and the two buildings are under 40 feet apart.

5. 0:01
   How much a no-action letter is worth

   A board member said a no-action letter is only as good as the board that issues it, since a later board can rescind it, and asked Ruth Glaeser whether such a letter is filed with the registry of deeds; she said she did not know. Villacci said his buyer was willing to accept a no-action letter and that he would keep pursuing a variance to make the situation permanent.

6. 5:06
   Fees, the variance and the abutter

   A selectman said that if the letter costs the town a filing fee of $15 or so, he wanted that covered in the motion. Villacci said he had paid the fee to go before the board of appeals, that a survey put the house about 10 feet from the true property line, and that Paul would have to notify abutters for the variance. He said the situation had begun with one house becoming three about 39 years ago, and described a strained relationship with the neighbour that had included being told to remove trees he had planted and a resulting $7,000 driveway.

7. 5:06
   Sale of town property at Map 8 Lot 22A

   Five bids were read on property the town had acquired and put out for sale: Robert Ponto Jr. at $22,111, an LLC at a figure the recording garbles, Joseph E. Fisher Jr. at $40,100, Steve Rand at $50,200 and James Papy at $42,000. A speaker said the reserve had been about $23,000 and had been met.

8. 10:52
   Budget workshop: final pass on all departments

   Ruth Glaeser (?) had distributed revised sheets for the departments changed at the previous session. One department still could not be finalised and was held for the executive session later in the meeting. A board member asked to go through the numbers department by department so everyone was on the same page.

9. 10:52
   Administration through fire and rescue

   Administration stood at $354,648, subject to change depending on the executive session item, with capital projects at $50,000 and assessing at $20,150. Cemeteries were unchanged at $4,200; $50 was taken out of conservation as money never spent; Eureka stayed at $4,903, down mostly because of propane, with $540 for rentals. Animal control had new sheets, and fire and rescue came in at $321,680, which the fire chief confirmed matched what he had been sent.

10. 16:19
    Historical Society and the church building

    The board discussed a letter from the Durham Historical Society and its long-standing failure to bring a specific written request for money, which the board said it needs before it can authorize spending. The building in question has a leak and, a member recalled, a broken window. A member said the $10,000 given for several years was appropriated specifically for that building, and that if more is needed the town may have to raise it by taxation.

11. 16:19
    Parks and recreation and planning board

    Parks and recreation gained $300 for seed and loam for the Hunter house project, from appropriated rather than raised funds. The planning board was unchanged at $17,697, of which $1,280 is appropriated and $16,417 must be raised.

12. 16:19
    Public works budget and the proposed new position

    The only change to public works was the health insurance line, which had to carry seven months of insurance for a proposed new position after the board decided the salary line could absorb the rest. The department total was $1,441,108. The washbay curtain line was still waiting on a quote.

13. 16:19
    Auto excise revenue

    A member said the auto excise figure looked high. It was explained that the town took in $80,000 more than the year before, attributed to residents buying newer and more expensive cars.

14. 16:19
    Possible road bond article

    Calvin Beaumier had raised putting a road bond in the warrant, suggesting a figure of a million dollars for doing the roads at the higher rate with a contractor. Board members said they could not decide without knowing what he was planning, and one said they had previously talked about putting the crew to work paving instead. It was suggested his intent was to give townspeople the option at town meeting.

15. 21:45
    Solid waste options

    Two versions of the solid waste budget were prepared, one of them assuming the town goes with Pine Tree, and the figures were carried out to future years for comparison. Members checked the totals against each other after one figure read aloud did not match the total below it.

16. 21:45
    Telecommunications budget

    Two lines were raised: hardware, to be sure there was enough for a server when the town goes ahead with one, and IT support, described as something that needs to get going this year. Both come out of the franchise fees.

17. 21:45
    County tax increase

    The county tax had come in at a 7.64 percent increase for Durham, which was said to be a 0.09 mil increase and larger than anticipated against a usual 3 to 3.5 percent. Members said Durham's share is set by state valuation and that the town's valuation relative to other towns has been rising.

18. 21:45
    County legal costs and jail funding

    Members discussed a newspaper report that the county is trying to rein in legal costs by funnelling contact with its lawyers through a single commissioner, rather than any commissioner emailing them and being billed for the reading time. They said the county's legal spending covered employee disputes as well as the dispute with the towns, and that commissioners remain concerned about a shortfall as jail funding changes.

19. 27:10
    Washbay curtain alternative

    A member said he had priced an alternative himself and thought the same result could be reached for under $2,500 rather than close to $10,000, using heavy-duty tarps at about $100 each rather than a fabricated curtain and stainless cable. He said he wanted someone to physically inspect the site before a quote was accepted, rather than have a contractor price it by phone and double it on arrival.

20. 27:10
    Budget committee and select board

    A member said that if the budget committee and the selectmen can agree closely on the numbers, both have done their job, and that some people wrongly treat it as a competition. He said neither body wins prizes for it.

21. 27:10
    Resignation of the planning board chairman

    A letter of resignation was read from the chairman of the planning board, who said he had served twelve years, wanted to do something different, and thought the energized current members would have no trouble replacing him. The recording does not give his name clearly.

22. 27:10
    Lisbon dispatch workshop

    Fire Chief William St. Michel reported on attending Lisbon's workshop on dispatch. He said he did not think Lisbon was ready to move, that the townspeople there seemed to want to keep it and would pay a little extra, and recommended Durham send a letter stating its intent to stay as long as Lisbon provides quality service at an affordable price, and asking to be included if Lisbon puts the service out to proposal.

23. 32:28
    Dispatch timeline and unbudgeted costs

    The chief said Lisbon had concluded there was not time to act within the current budget cycle and that any change would probably be a year or more out. He questioned whether Lisbon's financial breakdown included dedicated landlines, which when Durham looked at the sheriff's department were estimated at at least $250 a month, unless everything could be done by radio link. He also noted Lisbon had already obtained an IMC estimate for data migration, so the idea was not put together in the past few weeks.

24. 32:28
    Hazard mitigation plan

    The chief described a hazard mitigation planning meeting on Thursday the 16th and said the road commissioner or public works director should attend, since almost everything in Durham's section of the plan is roads apart from the Runaround dam. He said projects listed in the plan are eligible for federal money, that this would be his third time through the plan and the town has never applied, and that the culvert Calvin recently got a grant for was already on the old plan, which helps establish history.

25. 37:38
    Letter to Lisbon on dispatch

    The board took up the chief's recommendation. It was agreed the letter should come from the board rather than the chief personally, with the chief helping Ruth Glaeser draft it and keeping the highlights from his written recommendation, and adding that the commitment holds as long as Lisbon continues to provide quality affordable service so the town is not committing forever.

26. 37:38
    Fire officer class

    The chief reported the department will host a basic fire officer class at the station, about nine weeks, one evening a week, put on by the Maine Fire Service Institute. Eight Durham members have signed up. He noted the course carries a chapter of reading and a two- or three-page written report each week.

27. 42:40
    Road conditions and a request for scrub pines

    Members remarked the roads had been unusually greasy that day. Ruth Glaeser reported a resident had asked to take a couple of small scrub pines, a foot or two tall, from the right of way on Route 136 between the Eureka and the ball field once the snow melts, promising to take the roots and leave no holes. The board wanted to check first whether the trees form a buffer.

28. 42:40
    Town channel slides

    A member said the town channel's slides appear to be ordered alphabetically, so related notices are scattered, and asked that they be grouped by subject. It was suggested this be passed to Alden.

29. 42:40
    Upcoming meetings and nomination papers

    Selectmen's meetings were announced for Tuesday February 21 and Tuesday March 7 at 6:30 p.m., a budget committee meeting for Monday February 13 at 6:30 p.m., and the town office closed Monday February 20 for Presidents Day. Nomination papers are available for two three-year selectman terms, a one-year selectman term, three-year budget committee terms and one three-year school board term, due at the town office by close of business, 4:30, on Tuesday February 14.

30. 42:40
    Executive session

    A motion was made to go into executive session, which the minutes record as being under Title 1 M.R.S.A. § 405(6)(A) on personnel. The recording ends at the motion.

What was decided

• 0:01
  Table agenda item 11 until the next meeting and move item 6C2 to position 7D. The chair proposed both changes if there was no objection from the board, and none was voiced.passed
• 0:01
  Motion to accept the consent agenda; moved by Sarah Hall, seconded by Mark Blake. The chair called for all in favour; the minutes record it accepted as amended, carried 4-0.passed
• 5:06
  Motion to grant Gene Villacci a letter of no action over the setback at 257 Pinkham Road, with wording about who covers any fees; moved by Jeffrey Wakeman, seconded by Mark Blake. The minutes record the motion as granting the letter and that any fees shall be incurred by the town, carried 4-0. The chair asked that it be written up with Paul for signature.passed
• 5:06
  Motion to accept the offer from Steve Rand for the purchase of the property at Map 8 Lot 22A in the amount of $50,200; the chair called for discussion and for all in favour, and declared the motion carried. The minutes record it carried 4-0.passed
• 27:10
  Motion to accept the planning board chairman's resignation with regret; moved by Jeffrey Wakeman, seconded by Michael Stewart. The chair called for discussion and for all in favour, and declared the motion carried.passed
• 37:38
  Motion that the town send a letter to Lisbon stating Durham plans to stay with Lisbon as long as Lisbon has dispatch, and asking that Durham be included if Lisbon puts the service out for proposals; moved by Mark Blake, seconded by Michael Stewart. The chair called for discussion and for all in favour, and declared the motion carried.passed
• 42:40
  No decision was made on the resident's request to dig up small pines in the Route 136 right of way. The board asked that he tie an orange ribbon on the ones he wants so that the board and Calvin Beaumier can look at them first and decide whether they serve as a buffer.tabled
• 42:40
  Motion to go into executive session; the recording ends at the motion without the vote. The minutes record the session as being under Title 1 M.R.S.A. § 405(6)(A) on personnel, moved by Jeffrey Wakeman, seconded by Mark Blake, carried 4-0.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_2-7-171.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.

• Accept the Consent Agenda as Amendedcarried 4-0

  Moved by Sarah Hall, seconded by Mark Blake

• Grant a Letter of No Action and if there are any fees, they shall be incurred by the Towncarried 4-0

  Moved by Jeffrey Wakeman, seconded by Mark Blake

• the Board accept the offer for the purchase of the property from Steve Rand in the amount of $50,200.00carried 4-0

  Moved by Sarah Hall, seconded by Mark Blake

• accept his resignation with regretcarried 4-0

  Moved by Jeffrey Wakeman, seconded by Michael Stewart

• the Town send a letter of intent to stay with Lisbon as long as they have dispatch and if they put out RFP's they include Durhamcarried 4-0

  Moved by Mark Blake, seconded by Michael Stewart

• the Board into Executive Session pursuant to Title #1, M.R.S.A., ss 405(6)(A) — Personnelcarried 4-0

  Moved by Jeffrey Wakeman, seconded by Mark Blake

• Adjourn at 7:55 p.mcarried 4-0

  Moved by Michael Stewart, seconded by Mark Blake

Worth knowing

• 5:06
  Five bids came in on the town-acquired property at Map 8 Lot 22A, ranging from $22,111 to $50,200 against a reserve said to be about $23,000. The board accepted Steve Rand's high bid of $50,200, roughly double the reserve.
• 21:45
  Durham's county tax rose 7.64 percent, described as a 0.09 mil increase and larger than anticipated against a usual 3 to 3.5 percent. Members attributed it partly to Durham's rising state valuation relative to other towns and partly to a county budget carrying heavy legal costs.
• 32:28
  Fire Chief William St. Michel said this would be his third time through the hazard mitigation plan and the town has never applied for the federal money that listing a project in the plan makes it eligible for. He said he would like to see the town at least apply so it could get turned down.
• 42:40
  Nomination papers were due at the town office by 4:30 on Tuesday February 14, a week after this meeting, for two three-year selectman terms, a one-year selectman term, budget committee terms and a school board seat. A member noted only one person had taken papers for the three budget committee positions.

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: 3 passages of motion language, against 8 decisions summarised.

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