Select Board Meeting ~ December 13, 2022

2022-12-13 · Select Board · 36:15 · watch on YouTube →

A short Select Board meeting on December 13, 2022, chaired by Kevin Nadeau, with Town Manager Jerry Douglass reporting. The board re-executed a quit claim deed it had been unable to complete at its previous meeting, sat as assessors to grant a homestead-exemption abatement to the Riley Family Trust, and reviewed the budget season schedule leading to town meeting. Douglass used the budget discussion to propose that Durham move from a calendar-year to a July 1 to June 30 fiscal year and collect property taxes twice a year; no decision was taken, and he said he would look at how other towns managed the transition. His report covered a workers' compensation audit that ended in a refund to the town, the state of the town's bank and reserve accounts, and an auditor's visit set for the December 27 meeting. The board approved the consent agenda and adjourned.

What was discussed

1. 0:15
   Call to order, pledge, and amendment to the agenda

   Kevin Nadeau called the meeting to order on December 13, 2022 and led the Pledge of Allegiance. Agenda item four was struck because a person referred to only as John was no longer able to attend.

2. 0:15
   Conservation Commission thanks the chair

   Joe Roy of Pinkham Brook Road (?) spoke on behalf of the Conservation Commission to thank Kevin Nadeau for attending its meeting the previous week. Nadeau replied that the commission had put a lot of work into a complicated matter and encouraged it to keep the conversation going.

3. 0:15
   Quit claim deed re-presented for execution

   The deed had been on the previous meeting's agenda but could not be completed because no notary was present and a date on the document was wrong; both were corrected. The board had already discussed the substance of the deed at that earlier meeting.

4. 0:15
   Deed still cannot be signed

   After the vote the chair noted that there was again no notary present, the staff member having left for the evening. Execution of the deed was carried over to the next meeting.

5. 0:15
   Board convenes as assessors on abatements

   The board was asked to put on its assessors' hat to take up abatements, of which there was one.

6. 0:15
   Riley Family Trust homestead exemption abatement

   A memorandum from assessors' agent Donna Hayes advised that an abatement should be granted to the Riley Family Trust because she had removed its homestead exemption in error when the property transferred from Dana and Emily Riley to the trust. A board member asked whether the exemption had to be re-applied for once the property moved into a separate entity, and was told an attorney's letter on file gave a legal opinion that the exemption still applied.

7. 5:52
   Budget season schedule

   Jerry Douglass asked the board to confirm the budget calendar it had forwarded to him. The public information officer needs town report material by February 15 so it can reach the printer by March 1 and voters by the middle of March, two weeks before town meeting.

8. 5:52
   Capital Improvement Plan rankings

   The chair asked whether the CIP rankings would be available at the December 27 meeting, since the committee had fallen behind at the start. Douglass said the CIP committee meets on the 20th and expected rankings to be circulated a couple of days before the 27th, putting the schedule back on track.

9. 5:52
   Schedule is tight; closing the books

   Douglass said meeting the dates would be a challenge, that he was arranging a meet-and-greet with the budget committee the following Monday to learn what material they need, and that he would do his best to have a packet together by the fifth. He warned that although the books would be closed and 2022 actuals available, some invoices would still be outstanding, so the figures would not be exact to the penny.

10. 5:52
    Whether to bind the warrant into the annual report

    The chair said that although the town report deadline is mid-February, the warrant does not have to be finalised by then. The warrant articles can be issued as a supplement or handout rather than bound into the annual report, which had been done the last couple of years and may cost more than it needs to.

11. 11:22
    Tax impact spreadsheet

    Kevin Nadeau explained the spreadsheet he has built in past years and has now rebuilt and simplified to accommodate the approach Douglass wants to take. Proposed or recommended budget figures are entered and it calculates an estimated tax impact, which stays an estimate because the final valuation, school number, county number and overlay are not all known.

12. 11:22
    Levy limit

    The levy limit for the tax year has already been calculated and is up slightly on last year. It is derived from average statewide wage growth over five years combined with growth in the town's total taxable property valuation, applied to the previous year's limit.

13. 11:22
    State revenue sharing running above budget

    State revenue sharing was estimated at about $540,000 when last year's budget was built, and year to date through November it was over $700,000. It was described as a function of economic activity in the state and likely to fall back in a downturn.

14. 11:22
    Town manager proposes a July to June fiscal year

    Douglass, drawing on a municipality he had worked for with a July 1 to June 30 year, encouraged Durham to make the change, saying it lines up better with schools, the state and some vendors and reduces the forecasting involved. He said auditors had told him very few Maine towns remain on the calendar year.

15. 17:19
    What a fiscal year change would involve

    Town meeting would probably move to May or June, and the change would be paired with collecting taxes twice a year rather than once, which helps cash flow and eases the transition. Getting onto a July start requires either a six-month or an eighteen-month transition budget, and Douglass said the eighteen-month route avoids running the whole budget process twice in quick succession.

16. 17:19
    No decision on the fiscal year tonight

    The chair noted the change does not require a town meeting vote and is up to the board, but said it is a big change that needs careful management, communication and public input beforehand. Douglass said he only wanted to plant the seed and would talk to other towns about the hurdles they faced.

17. 17:19
    Town manager report: school children decorated the town hall tree

    Pre-K and kindergarten children from the school walked over and decorated the tree ten at a time. Office staff member Jessica contacted the school after the ornaments could not be found, and the idea grew into an ornament parade that Douglass suggested making a tradition.

18. 17:19
    Giving Tree tags and donations

    All the Christmas tree tags have been taken, though only a couple of families filled out applications. Residents have also made donations to the Giving Tree fund and to fuel assistance, which will be used to buy unwrapped presents.

19. 22:44
    Gift delivery on December 22

    Gifts collected for children in need are to be taken on Friday the 22nd to an outside organisation working with the school, whose name is garbled in the recording.

20. 22:44
    Workers' compensation audit and refund

    The town had been billed about $16,000 after the insurer added 20 percent to its wage figures because payroll data was never supplied. Once Douglass provided the data the insurer sent the town a check, which he gave as $31,075, and he said the insurer was not obliged to reimburse the town but recognised that Durham had been going through changes.

21. 22:44
    Experience modification rate

    Douglass said the town's mod rate is very high and is what drives the premium. Claims stay on the record for three years, so reductions should follow as older claims drop off and the town improves at returning employees to work.

22. 22:44
    Town manager's notary commission

    Douglass said he had taken the notary test so the board would not be held up by items like the deed, but the state has not yet completed the process and he does not hold the commission.

23. 22:44
    Staff Christmas gathering and open meeting caution

    A gathering is set for the fire station on the 21st starting at one o'clock, with food and a gift swap, and board members were invited. The chair cautioned that with three or more members present no town business could be discussed, as that would require a noticed meeting.

24. 22:44
    Work on the town's accounts

    The chair said he had been coming in regularly and credited Douglass with working through the reserve and bank accounts, eight or ten of which were not labelled anywhere as to their purpose, alongside the town's banking representative. Auditors are being brought in both to identify what went wrong and to teach best practice.

25. 28:39
    Auditor at the December 27 meeting and its venue

    Douglass is bringing the auditors to the December 27 meeting and intends to invite the budget committee so they can see the state of the town's finances. The board discussed moving that meeting to the Eureka Center, also known as Granger, or to the fire station, and Douglass said he would check with the fire chief about the equipment there.

26. 28:39
    Copier lease expiring

    The copier lease is up and is a market-value buyback the town does not want to exercise. Douglass has quotes for a refurbished machine at about $5,500 outright, against the roughly $357 a month now being paid, which he said would fall to about $50 a month for the service contract alone if the town owned the machine.

27. 28:39
    Purchasing policy threshold

    Douglass asked whether purchases of $10,000 and under should keep going to the select board as the policy provides, or be delegated to the town manager. The chair said the existing policy must be followed until amended, and that amending it would take two or three meetings because a proposal would be discussed at one meeting and voted at the next.

28. 33:58
    Consent agenda

    The consent agenda was moved and approved as presented.

29. 33:58
    Upcoming meetings

    Regular select board meetings were listed for December 27 and January 10 at the town hall. A budget presentation was pencilled in for January 10 at the Eureka Center at about 6:30 following a short meeting at the town hall to handle the warrant, a pre-planning meeting with the budget committee was set for December 19, and the CIP meeting was set for the 20th at six o'clock, the agenda's 6:30 being a typo.

30. 33:58
    No executive session; adjournment

    The chair confirmed no executive session was needed and entertained a motion to adjourn.

What was decided

• 0:15
  Execute the quit claim deed for a parcel whose number was read out digit by digit as 0-0-5-0-5-6-0-1-5, recorded in the Androscoggin County registry of deeds at book 10729 page 174 and book 11152 page 201, together with a third reference at page 238 whose book number is garbled in the recording. Moved by Josh Klein-Golden and seconded; the chair said the vote was unanimous. Signing was nonetheless deferred to the next meeting because no notary was present.passed
• 0:15
  Go into assessors session to take up abatements. The chair called for a motion and the board proceeded, but no vote or result is audible in the recording.outcome unclear
• 5:52
  Grant the abatement to the Riley Family Trust as requested, restoring the homestead exemption removed in error when the property was transferred into the trust. The chair recorded the vote as five to nothing.passed
• 17:19
  Take no decision on moving Durham from a calendar year to a July 1 to June 30 fiscal year. The chair said the board was not deciding anything that night, and the town manager was to speak with other towns that have made the change about the hurdles involved before it comes back.tabled
• 28:39
  Keep following the existing purchasing policy, under which purchases of $10,000 and under come to the select board, rather than delegating that authority to the town manager. This was the chair's direction and was accepted without objection; no motion was made and no vote was taken.outcome unclear
• 28:39
  Defer any decision on replacing the leased copier. The town manager was asked to bring back a one-page comparison setting out the current cost, what he proposes, and the cost difference, as part of a future board packet.tabled
• 33:58
  Approve the consent agenda as presented. The town's minutes record the motion as moved by Richard George, seconded by Joe Tomm, and carried five to nothing.passed
• 33:58
  Hold off announcing the budget presentation dates until they have been confirmed with the budget committee at the December 19 meeting, since they may change. Agreed by the board in discussion; no motion was made and no vote was taken.outcome unclear
• 33:58
  Adjourn. The town's minutes record the motion as moved by Josh Klein-Golden, seconded by Joe Tomm, and carried five to nothing.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 bosminutes_12_13_22.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.

• Motion not recorded in wordscarried 5-0

  Moved by Josh Klein-Golden, seconded by Joe Tomm

• Motion not recorded in wordscarried 5-0

  Moved by Richard George, seconded by Joe Tomm

• Motion not recorded in wordscarried 5-0

  Moved by Todd Beaulieu, seconded by Josh Klein-Golden

• consent the agenda as presentedcarried 5-0

  Moved by Richard George, seconded by Joe Tomm

• adjourncarried 5-0

  Moved by Josh Klein-Golden, seconded by Joe Tomm

Worth knowing

• 22:44
  A workers' compensation audit that first appeared to leave the town owing about $16,000 ended with a refund. The insurer had added 20 percent to Durham's wage figures because payroll data was never supplied; once the town manager provided it, the insurer sent a check he gave as $31,075. His later recap of the same episode in the recording uses different figures.
• 11:22
  State revenue sharing was budgeted at about $540,000 for last year and had already exceeded $700,000 year to date through November.
• 17:19
  The town manager is pressing for Durham to switch to a July 1 to June 30 fiscal year and to collect property taxes twice a year. That would move town meeting to May or June and require either a six-month or an eighteen-month transition budget, and the board was told it can make the change itself without a town meeting vote.
• 22:44
  Eight or ten of the town's bank accounts had no record anywhere of what they were for, and the town manager has been working with the town's banking representative to identify them. Auditors are coming to the December 27 meeting, to which the budget committee is being invited.

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 9 decisions summarised.

Elsewhere

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