Select Board Meeting ~ May 10, 2022

2022-05-10 · Select Board · 1:22:41 · watch on YouTube →

A Select Board meeting on May 10, 2022, dominated by what fuel prices are going to do to the town's budget. The newly elected Planning Board chair opened with a report on a 13-lot cluster subdivision proposed across Route 9 from Patriots Way and on where resource protection now stands. The interim town manager, Mitch, introduced Alan Plummer as the new code enforcement officer and then laid out the arithmetic: public works fuel was budgeted at $3.64 for heating fuel, $2.59 for diesel and $2.37 for gasoline, and on the day of the meeting the best prices available were $5.33, $5.56 and $3.92, leaving a shortfall of about $30,000 in that department alone through December 31. Because town meeting has already raised and appropriated, any further money must come from the undesignated fund balance at a special town meeting, and the board decided not to rush that, keeping fuel as a standing agenda item while moving ahead separately on HVAC for the town office and fire station. The other substantial item was a sudden tightening of trash collection enforcement that had residents calling members directly. The board approved the oaths of office 5-0 and set May 26 for the first town manager screening meeting.

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. 0:04
   Call to order

   The chair opened the meeting of the Durham Board of Selectmen on May 10, 2022 and led the pledge of allegiance. The fire chief was asked whether he had a report and later said he was all set.

2. 0:04
   Planning Board report, a new practice

   The Planning Board's newly elected chair proposed coming to the select board's first meeting of each month, following the planning board's own regular meeting, to give two minutes on what is before the board. He said he had been elected chair at the last meeting, replacing Ann Torgosa, and thanked her publicly for her work carrying the town through a number of ordinances and projects.

3. 0:04
   Thanks to new staff

   He credited George, the town planner, with keeping the planning board on track over recent meetings, and praised the new IT hires for getting him onto the town email, getting meetings recorded and getting material posted. He said he looked forward to working with Alan Plummer.

4. 0:04
   The 13-lot cluster subdivision

   One application is pending: a 13-lot cluster subdivision proposed just past the school, across Route 9 from Patriots Way, with a narrow entrance opening up inside. A cluster allows a roughly one-for-one trade, an acre of lot size given up for an acre of open space, or 15,000 square feet for 15,000. A sketch plan meeting was held at the start of the month and the applicant made the clarifications the board asked for.

5. 0:04
   Next steps on the subdivision

   The planning board, the developer and the public were to meet Thursday at 5 p.m. to review the revised plan and walk the site, with the select board invited. After that comes a preliminary plan, much more detailed, then a final plan, all at the developer's pace.

6. 5:04
   Comprehensive plan workshop

   The planning board's next regular meeting is June 8, to be followed by a workshop going through items in the comprehensive plan that never made it into the ordinance, such as a 100-foot buffer off a road, with the good ones to be written into the subdivision control ordinance.

7. 5:04
   Pressure to slow development

   The chair said there are residents who want a discussion about slowing or stopping new development, with ideas ranging as far as creating new zoning districts. He did not expect the planning board to take formal action in the near term but wanted to open the opportunity for people to present ideas.

8. 5:04
   Resource protection handed to the Conservation Commission

   After the resource protection article failed, the Conservation Commission offered to take on putting a plan together, working with the town planner to sort out phase one and phase two. The planning board chair noted the commission has no quasi-judicial authority, so a heavy consult is reasonable but the planning board must own what goes to public hearing. A member raised the concern that the commission comes at it from a point of view and the process needs to stay balanced between those wanting more protection and those negatively affected.

9. 5:04
   Aquifer and wellhead questions on the subdivision

   Asked whether the subdivision sits in the aquifer area, the chair said it is right on the edge of both the school's wellhead protection area and the aquifer area, that the applicant has been told to show this on the plan, and that they know they must notify the school. He did not think the whole parcel is affected but some part may be.

10. 5:04
    No waivers sought

    Asked whether the cluster is covered by the current ordinances, the chair said the applicant has asked for no waivers and must meet the normal subdivision and cluster rules, including creating open space to offset the reduced lot sizes, and road frontage.

11. 10:49
    New code enforcement officer introduced

    Mitch, the interim town manager, introduced Alan Plummer, who has accepted the position of code enforcement officer. He said Plummer is in transition, has spent time with Calvin and has met the town planner, and that the team is rebuilding.

12. 10:49
    Recruiting

    The town has advertised in six local weekly papers for a part-time deputy clerk and is accepting applications for town manager, both through the town website. Jessica and Janet are continuing their learning curve in their positions, counter service remains busy, and the office stays closed Wednesdays to catch up. The audit is mostly complete but no final draft has come back for review.

13. 10:49
    Propane rate negotiated down

    The manager singled out Janet, the deputy treasurer, who took it on herself to telephone the town's propane vendor about a bill and by the end of the call had the rate cut to $2.699 a gallon with a one-year contract offered at that price, which she accepted.

14. 10:49
    Project vision and the website

    With the new code officer arriving, staff are assembling cost estimates for pushing more information to the town website and for holding select board and planning board meetings at the Eureka Center. Kimberly and Devin Garno (?) are working on website updates and will report on the hardware and software needed. The manager said he has made a practice of posting draft agendas.

15. 10:49
    Insurance renewal

    The property, casualty and liability renewal has been submitted to the Maine Municipal Insurance Trust. The manager said it should have been started months earlier but for the transitions in town staff, and thanked the trust for its patience. The technology coverage, which covers everything IT related, is taking longer and will follow.

16. 10:49
    ARPA funds and a special town meeting

    To use the first tranche of ARPA money for specific projects, a special town meeting has to be called and the projects put on the warrant. The manager named the vision project, the IT link between this room and the adjacent one, and the possibility of extending it to the Eureka House, which would open that building to departments such as code enforcement or planning and push the space question out twenty years rather than two or three.

17. 10:49
    MMA and Spirit of America nominations

    The MMA legislative policy committee and Spirit of America recommendations need the board's input and possible citizen nominees, with deadlines of June 22 and June 30. The manager also flagged vacancies on town committees and boards.

18. 16:06
    What the MMA legislative committee involves

    Asked about the work and time commitment, the manager said he would call MMA for details, and that as he recalled the committee begins meeting in the fall, becomes intense from September to December, and is ready when the first session of the biennium opens in January. It reviews laws and ordinances that would benefit municipalities and recommends opposition where appropriate.

19. 16:06
    GPCOG appointment

    The town also has a committee appointment to make to GPCOG, which has invited Durham to put forward two candidates. The manager described it as general planning and policy making rather than legislative, and noted Durham is served by AVCOG at county level but works with GPCOG as well.

20. 16:06
    Comstar security breach

    Comstar, which does the town's EMS billing, was hacked and is notifying its customers. The manager said he had spoken briefly with the fire chief; Comstar handles the whole process, and the town's own computers do not hold that information, receiving only the receipts of billing and collection.

21. 16:06
    Energy costs: the setup

    The manager turned to fuel, taking public works as the largest consumer on the theory that it shows the biggest impact, with fire using the same fuel types in much smaller quantities. Calvin's spreadsheet for the current budget planned 2,200 gallons of heating fuel, 12,200 gallons of diesel and 1,750 gallons of gasoline to carry through December 31, 2022.

22. 21:07
    Budgeted prices against today's prices

    The budget was built on heating fuel at $3.64 a gallon, diesel at $2.59 and gasoline at $2.37, which the manager said were on target when prepared. As of May 10 the best prices available that minute were $5.33 for heating fuel, $5.56 for diesel and $3.92 for gasoline, drawn from comparative quotes from Rinaldi and Dead River rather than an offer to sign.

23. 21:07
    The size of the gap

    Taking what had been used from January 1 to April 30 and projecting the rest of the year at current prices, the shortfall comes to approximately $30,000 for public works alone. A figure of $42,000 was mentioned and corrected.

24. 21:07
    Raise versus appropriate

    The manager explained the constraint: town meeting has already raised and appropriated on the information then available, and the power to raise taxes for it can only be used once. A special town meeting can authorise further expenditure, but the source has to be the undesignated fund balance. Before going that way the board would need the audited balance and confirmation from the auditor that the town would still comply with generally accepted accounting principles, put at 8.33 percent of monthly operating expenses excluding school and county.

25. 21:07
    Recommendation not to lock in a contract

    The bottom line of the manager's sheet was a recommendation not to lock in until June. Two dealers have already said they will not give contracts because they do not know what is happening, and the predicted saving is about a dollar a gallon, which he said is not enough to be sure what the town would be committing to. He also proposed setting Janet up as the town's negotiator.

26. 26:42
    Deficit warning beyond public works

    The manager said the figures run only to December 31 and warned of a potential deficit not just in public works but in similar line items in fire and in the town offices and Eureka Center, unless something changes drastically.

27. 26:42
    How much has been spent

    Asked how much of the budget had gone, the manager said the original projection for public works fuel was $86,000 for twelve months and $44,000 has been spent, leaving roughly a $30,000 gap for May 1 to December 31.

28. 26:42
    The overexpenditure statute

    The manager mentioned a little known statute allowing public works to overexpend by 15 percent in winter as one way to deal with it, but said he hated to think that was the answer, and a member said he had not been suggesting it. It was noted that overspending the winter article draws on the undesignated fund balance anyway, so the difference is largely whether the public is asked first; that route would not, however, cover the town office, the Eureka Center or the fire station.

29. 26:42
    Timing of a special town meeting

    The manager's advice on timing was not to wait until September and not to hold it immediately before the June election, leaving a window between the election and about July, with priority items resolved first and others held to the fall.

30. 31:43
    Questioning the budgeted diesel price

    A member queried the $2.59 diesel figure as low. Last year's actual prices were given as diesel $2.22, gasoline $1.87 and heating fuel $2.37, and the budget figures came from what suppliers recommended, before the war in Ukraine. The member said rack price had reached around $3.10 by last November and asked to see 2021 actual gallons used.

31. 31:43
    Consumption since January

    Converting dollars spent since January 1, the manager gave 3,091 gallons of diesel and 809 gallons of heating oil, which he said looked on target, and about 1,500 gallons of gasoline, a figure he flagged as not reconciling with the billing and undertook to check.

32. 31:43
    What is lost by waiting

    Asked directly what the downside would be of waiting until September, the manager said everything continues to function with one exception: if rack prices dropped sharply the town could seek bids but would have no authority to sign a contract exceeding the appropriation. It was noted the risk cuts both ways, since the town could refuse the money in June just as easily as in September and the fuel still has to be bought.

33. 31:43
    Whether public works can absorb it

    With a public works budget of about $1.2 million against a $30,000 shortfall, Calvin was asked whether he had combed for deferrals. He said the budget had already been trimmed hard and that he had not had a chance to go through it, having been covering the code enforcement work and only now coming up for air. He agreed to do the best he could.

34. 31:43
    The board's inclination

    Members said they were leaning toward keeping fuel as a standing agenda item to be reported at every meeting rather than presenting it to the town in June with the other issues.

35. 37:42
    Tracking rather than rushing

    A member said he would rather track the numbers and come back in August or September able to say the board had been working on it for three or four months and had looked at all the options, instead of rushing. The manager accepted that as the board's call, using the phrase death by a thousand cuts.

36. 37:42
    What else hits public works

    Asked what else besides fuel would land on the department, the answer was paving and materials, all oil based. The $30,000 gap was put at about two and a half percent of the public works budget.

37. 37:42
    Heating and cooling at the town office and fire station

    The manager set out the other calls on ARPA money. Half of the town office building has no heating and cooling; both units were installed at the same time and the survivor has been running high to compensate, so its life is a matter of speculation. The fire chief has raised heat pumps for parts of his building. If those projects do not happen, full-time code enforcement gets squeezed into an already small room.

38. 37:42
    Electricity too

    A member raised the price of electricity as a further exposure, particularly if the town installs more heat pumps.

39. 37:42
    HVAC as the only mission-critical item

    Of the candidates for a special town meeting, members identified the HVAC work as the only thing that has to be done sooner rather than later, with an early special town meeting for that and a second in September for items such as the IT connection to Eureka.

40. 43:04
    Public input on ARPA money

    Members said they did not want to lose sight of the clear public sentiment that residents want input on how the ARPA money is spent. The case to make is that a robust public process will cover the great majority of the funds, but the town office needs an HVAC system now and there is an opportunity to pay for it with these funds.

41. 43:04
    No warrant article on May 24

    The manager had proposed approving a warrant article at the next meeting. There are no actual bids or quotes yet, and two members said they would not be there on the 24th, putting a quorum in doubt, so the article did not go forward.

42. 43:04
    Discussing other business at a special town meeting

    It was noted that a special town meeting can only discuss what is on the warrant, so if the board wants residents to talk about the other ARPA ideas at the first meeting an article has to be added for it. Attaching a public hearing to the warrant was suggested and welcomed.

43. 43:04
    Looking for things to defer

    A member suggested identifying items already voted that could be moved to the right to offset funding, while being clear about limits: not taking a plow truck off the road and not failing to respond to a call. The point was made that public works has no separate winter fuel budget, and that every department head should project their exposure and have a contingency plan in case no more money comes.

44. 48:17
    Undesignated funds are still the town's money

    A member observed that using the undesignated fund balance is not a tax assessment but is still spending the town's money, and it has to be replenished.

45. 48:17
    When to hold the special town meeting

    For the HVAC meeting the board looked at one of the two middle weekends of June, on the reasoning that once July 4 comes round attendance collapses and fifteen or twenty people end up deciding for a town of 4,100.

46. 48:17
    Getting bids

    Members agreed the next step is actual proposals and bids for the HVAC work, as soon as possible. A member asked how long proposals stay open in the current market; the manager said none had come in yet but expected a disclaimer.

47. 48:17
    The fire station's heating and cooling

    Asked whether the firehouse is also a must, the answer was that it is the only heating and cooling facility in town and serves as the school's shelter, and that it is currently running on one window unit and a fan.

48. 48:17
    The municipal capital account as a backstop

    A member pointed out there is likely enough in the municipal capital account to cover the HVAC work, and that spending it takes only a board vote rather than a town vote. That means a contract could be signed within a deadline knowing the money exists, while the board still asks voters for permission to use ARPA funds instead. A question was raised about whether ARPA can properly replace money that would otherwise be raised by taxes through warrant articles; it was treated as a timing matter, with ARPA approval preferred before drawing on the capital account.

49. 53:40
    HVAC contractors and supply chain

    A list of companies is to be assembled; Kathy had already done some work on it. Members stressed moving now because heat pumps and furnaces are subject to supply chain delays, one contractor is said to carry a brand with fairly constant supply, and the cooling season is starting, so ordering late means a waiting list. Specs are to be prepared and delivered to bidders.

50. 53:40
    Generator replacement grant

    The fire chief had emailed about a grant opportunity for generator replacement. ARPA and other federal funds cannot be used as matching funds, but the board believed the town has a matching account, probably holding more than $10,000 from occasional warrant articles. Staff are to check the account before the application moves forward.

51. 53:40
    Spirit of America criteria

    A member asked for an input sheet setting out the criteria for Spirit of America nominations and who should be considered, recalling that the last presentation involved the AmVets around 2019. Nomination material is to go out within a few weeks, by the end of May.

52. 53:40
    Memorial Day

    There will be no Durham Memorial Day parade for lack of volunteers. Lisbon and Freeport are both holding parades, and the Durham Fire Department has been invited to provide an engine and crew in Freeport, so residents who want the town represented can go there. It was to go in the newsletter.

53. 53:40
    Meeting House Road

    Asked whether anything had been done on Meeting House Road, the answer was that engineering is working on it.

54. 59:25
    Public comment

    No members of the public were present to speak.

55. 59:25
    Trash collection enforcement

    Members raised complaints from residents about a sudden change in trash pickup. A standard barrel that used to be taken whole is now being limited to two or three bags depending on weight, with the rest left behind under a green note, and untagged trash left where it stands.

56. 59:25
    It is the town's policy, not the hauler's

    It was clarified that this is not Casella's policy but the town's, and that what has changed is enforcement, probably a new crew following the policy book correctly. A member put it that the town's policy, residents' expectations and years of practice are not aligned, not even close.

57. 59:25
    How the tag system works

    Tags cover up to 25 pounds and can go on a single bag or on a barrel holding three or four kitchen bags; it is not a tag per bag. Every household in Durham is eligible for 26 tags a year and can buy more at the town office for $3 each, on the pay-as-you-throw principle. Members noted they cannot simply tell the hauler to stop enforcing, because the town voted for the system.

58. 1:04:46
    The contract and recycling

    Members compared the current scaled contract, with a cap and a higher rate above it, to the flat price the town used to pay, and could not see why enforcement would tighten now when tonnage above the cap earns the hauler more. It was noted that recycling now costs the town more per ton than regular trash.

59. 1:04:46
    The objection is the lack of warning

    Members said they had no problem with enforcement or the weight limits, only with a hard line drawn in a single week with no warning, leaving trash across the town uncollected. The remedy discussed was a public reminder of the policy the voters approved and the direction being given to the hauler, so residents know they may need more tags.

60. 1:04:46
    The manager asks for a clear intent

    The manager pressed the board to state its intent plainly: no container over 25 pounds, on workers compensation injury grounds, and every container or bag tagged regardless of how many are put out. He said that if he were given a grey area the matter would be back before them in a few weeks.

61. 1:04:46
    What the website says

    The published rule is a maximum of 25 pounds per trash bag or trash can, with the note that a standard 32-gallon can usually holds three typical 13-gallon kitchen bags, offered as the benchmark for residents. Trash is to be out by 7 a.m., though a member noted pickup on his road now comes at 6:30 or 6:45.

62. 1:09:49
    Recycling used as overflow

    Recycling is unlimited, which has led to people putting trash in with it. A member described three bags of about 13 pounds treated as 39 pounds, with two taken and one left.

63. 1:09:49
    Direction the board wanted to give

    Members said that going into summer they do not want trash left behind, because that creates more problems than chasing a habitual offender, and floated one warning before enforcement. Changing the tag system itself would take a town meeting. The manager said he would speak to the hauler's first-line supervisor and report back, and members advised taking a soft line with a new crew.

64. 1:09:49
    How the complaints reached the board

    Members noted these complaints came by telephone rather than only on Facebook, with three or four people approaching one member in his own neighbourhood in a week. The manager said the contact he spoke to had not heard of any problem, and members suggested directing residents to call the hauler directly so the company hears it first hand.

65. 1:15:33
    Town manager applications

    Three applications have come in. The manager said he would normally want six to nine in hand to make a screening meeting worthwhile. Members answered that in the current market the town may never get six or nine and should not risk losing a strong candidate by waiting, while accepting they need not hire from the three. He asked that resumes not be copied and circulated outside the building.

66. 1:15:33
    Hiring market

    The manager reported that ZipRecruiter was being explored, that Lisbon is still unable to find a town manager, and that the difficulty runs statewide and below the manager level, with town clerks and finance staff at a premium and the private sector offering perks and pay the town cannot match. He also confirmed everyone offered an appointment had accepted and had received a letter.

67. 1:15:33
    Setting the screening meeting

    The initial screen would normally be three citizen members plus the manager, but with only three applications the board expanded it to include the three select board members, on the reasoning that more fingerprints in the room is better. Thursday May 26 at 6:30 p.m. was chosen, two weeks out, leaving time for more applications.

68. 1:20:39
    Consent agenda

    The chair entertained a motion on the consent agenda. The recording carries the motion and the call for those in favour but does not record the result before moving to the next item.

69. 1:20:39
    Upcoming meetings and town news

    The first town manager hiring meeting was confirmed for May 26 at 6:30 p.m. at the town office, for an initial review of whatever applications are in hand.

70. 1:20:39
    Oaths of office

    The third wave of oaths came before the board: Janet Bowie as interim tax collector, the new code enforcement officer, and the fire chief for the roles he also fills, animal control and the Eureka Center. The recording ends shortly afterwards as the chair begins to read a motion citing a statute, presumably to go into executive session; the wording cuts off.

What was decided

• 31:43
  Do not take a fuel funding request to a special town meeting in June. The board chose instead to keep fuel as a standing agenda item reported at every meeting, track the numbers through the summer, and revisit the question in August or September when the exposure is clearer. Agreed in discussion; no motion was made.tabled
• 37:42
  Treat the HVAC work at the town office, together with the fire station, as the one mission-critical item and aim for an early special town meeting on it funded from ARPA, with the remaining projects held for a second meeting in September. Agreed in discussion; no motion was made.passed
• 43:04
  The interim town manager's proposal to approve a warrant article at the May 24 meeting was not taken up, because no bids or quotes are in hand and two members said they would be absent, leaving a quorum in doubt.tabled
• 48:17
  Obtain actual proposals and bids for the HVAC work as the immediate next step, with specs to be prepared and sent out, so a contract could be signed within a bidder's deadline against the municipal capital account if necessary while voters are asked to fund it from ARPA instead.passed
• 53:40
  Check whether the town's matching-funds account still holds money, believed to be over $10,000, before proceeding with the grant application for generator replacement, since ARPA and other federal funds cannot be used as the match.passed
• 1:09:49
  On trash enforcement, the manager sought and pressed for a clear statement of the board's intent, namely that the written policy stands, no container over 25 pounds and every container tagged, while members said they wanted warnings rather than trash left behind. The exchange does not resolve into a single instruction on the record; it ends with the manager saying he would speak to the hauler's supervisor and report back.outcome unclear
• 1:15:33
  Hold the first town manager screening meeting on Thursday May 26 at 6:30 p.m. at the town office, reviewing whatever applications are in hand rather than waiting for a larger pool, and expand the initial screen from the three citizen members and the manager to include the three select board members.passed
• 1:20:39
  Approve the consent agenda. The motion is made and the chair calls for those in favour, but the recording does not carry any statement of the result.outcome unclear
• 1:20:39
  Approve the oaths of office as presented, for Janet Bowie as interim tax collector, the new code enforcement officer, and the fire chief in his animal control and Eureka Center roles. Moved by Josh and seconded; the chair recorded the vote as five to zero.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.

Worth knowing

• 21:07
  Public works fuel was budgeted at $3.64 a gallon for heating fuel, $2.59 for diesel and $2.37 for gasoline. On the day of the meeting the best prices available were $5.33, $5.56 and $3.92. Of an $86,000 twelve-month fuel budget, $44,000 was already spent by April 30, leaving a projected shortfall of about $30,000 through December 31 in that department alone, with fire, the town office and the Eureka Center facing the same pressure.
• 21:07
  The town cannot raise taxes again this year: town meeting has already raised and appropriated, and that power is used once. Any further spending must be authorised at a special town meeting and drawn from the undesignated fund balance. Before doing so the board asked for the audited balance and for confirmation that the town would still meet the accounting standard of 8.33 percent of monthly operating expenses excluding school and county.
• 59:25
  Nothing changed in the town's trash policy, but enforcement of it did, apparently because a new crew is following the policy book. The written rule is 25 pounds per bag or can with a tag on each, 26 free tags per household per year and $3 for extras. Residents telephoned board members directly during the week; one member said the policy, residents' expectations and years of practice are not aligned, not even close.
• 16:06
  Comstar, the company that handles the town's EMS billing, was hacked and is notifying its customers, of which Durham is one. The interim town manager said the town's own computers do not hold that information, since Durham receives only the receipts of the billing and collection process.

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: 1 passage of motion language, against 9 decisions summarised.

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