Select Board Meeting ~ November 28, 2017

2017-11-28 · Select Board · 1:50:01 · watch on YouTube →

A working Select Board meeting with no single large item. The Durham Historical Society came in with a plan for restoring the Union Church and got approval to buy ground barrier sheeting and to have the brush and trees around the building cleared. The board set December meeting dates around the school band concert and the holiday closure, and voted to move its regular meetings to the second and fourth Tuesdays from January. It released the town's interest in a schoolhouse parcel to the Durham Leisure Campground by quitclaim deed, settled the membership of the committee that will search for a new fire chief, authorised an RFP for contract planner services, and appointed Robert Forest as E911 addressing officer and licensed plumbing inspector. The rest of the evening went to employee evaluations, tax foreclosures, and a disagreement over how much new furniture the town office renovation should include.

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. 0:03
   Call to order, agenda and public comment

   The chair called the meeting to order and led the pledge of allegiance. No amendments to the agenda were offered and no one came forward for public comment. The chair noted the Giving Tree is up at the town hall with about 45 cards for people to take.

2. 0:03
   Consent agenda

   A member moved to accept the consent agenda as presented and it was seconded. The chair called for those in favour and moved straight on to the next item.

3. 0:03
   Union Church restoration priorities

   Linda Lynchfield (?), co-chair of the Durham Historical Society, said money given for the Union Church has sat unused for a long time and that she had worked through the priority list Chris Claus prepared and begun getting quotes. Two panes of glass at the front had already been repaired by a tradesman who did the work in a morning and refused payment. She had ordered 10 mil sheeting to go under the church as a moisture barrier, one roll at $150, before knowing whether she could.

4. 0:03
   How capital reserve money can be spent

   The chair explained what the board has since learned: it used to be thought that spending from a capital reserve account required a town meeting vote, and that is not the case. As long as the money is spent for the purpose the reserve was created for, the select board can approve it, but it still needs that approval.

5. 5:25
   Tree and brush clearing bid

   The brush and trees around the church need clearing. Although it is the town's responsibility, public works has not been able to make it a priority, so Linda Lynchfield (?) sought a bid and got $400 from a Durham resident who works as an arborist for the city of Auburn; his name is not intelligible in the recording. The work would follow what Chris Claus specified.

6. 5:25
   Masonry and drainage

   A stonemason taken from Chris Claus's list visited the church but could not get under the building and will come back. He said he could lay the barrier and reroute the drainage around the church rather than down the middle of it. Chris Claus was checking on the mason's credentials and said he would guide the society through the project at no cost, which the board treated as the project management the job needs.

7. 10:38
   Barrier cost, reserve balance and a multi-year plan

   The barrier came to $279 plus $50 shipping, and the reserve fund holds over $50,000. Board members asked whether the society would be requesting further money in the 2018 budget and encouraged it to put together a three or five year plan with rough costs, on the view that the town is far more likely to support the work if it can see a plan with an end date.

8. 15:53
   Masonry detail and vote on the barrier and clearing

   Members discussed the granite foundation, the cement blocks at the back that are coming apart, and whether the mason meant tuck pointing when resetting the granite, noting the original granite is on the bank below and could be reused. The motion to approve the purchase of the barrier and the tree work as proposed was restated and seconded.

9. 15:53
   December meeting schedule

   The next scheduled meeting, December 12, clashes with the school holiday band concert that several members' children play in. Rather than pushing the start back to 7:30, the board settled on meeting at 4:30 with a deliberately light agenda, hard-capped so members could get to the concert.

10. 20:53
    Budget committee and the December 26 meeting

    The board decided to wait until January to bring the budget committee in, since the books will be closed by then and the answers will be more precise. Because the town office is closed on Tuesday December 26 and the board needs one more meeting before year end to sign, that meeting was moved to Thursday December 28.

11. 20:53
    Moving to second and fourth Tuesdays

    A member proposed dropping the every-other-week cadence for the second and fourth Tuesdays of each month, which removes about two meetings a year while still allowing payments to be processed roughly fortnightly. The argument made for it was that when an extra meeting has to be added in budget season there is still a week's gap, rather than three meetings in three consecutive weeks. Second and fourth was preferred over first and third because the planning board and another board meet early in the month.

12. 26:09
    Fire chief's reporting and surgery

    The chief goes in for surgery on Friday and expects to be limited for a couple of weeks. He said moving his report to the December 28 meeting gives him more time to come back with a recommendation on the apparatus, and the board put him or a representative on the agenda for that date.

13. 26:09
    Durham Leisure Campground quitclaim deed

    Ruth (?) said the quitclaim deed for the schoolhouse land has been through the lawyer and the campground has reimbursed the town's legal fees, and that all she needed was a motion so the board could sign. The effect is that the town releases its interest in the land.

14. 26:09
    Fire chief search committee: department members

    The chief said rather than picking two members himself he put it to the department to vote and make recommendations, with members barred from recommending themselves. The department put forward Keith Russell and Kenny Scrier (?), both willing to serve.

15. 31:18
    An outside fire chief for the committee

    The board had wanted a fire chief from another town on the committee and two members had had no luck recruiting one. The chief had spoken to Greg Pace (?) of North Yarmouth, previously chief in West Bath and a Brunswick firefighter, who indicated he would be interested. The board asked the chief to reach out to him formally.

16. 31:18
    Select board members on the committee

    Two board members were needed. One declined because of basketball five nights a week through February and another cited the comprehensive plan committee, but after some back and forth Todd and Rich agreed to serve, giving a committee of five pending Greg Pace's (?) answer.

17. 37:10
    How the committee will screen candidates

    The chief described the process used in Topsham: committee members were each given paper copies of the applications with a score sheet built on categories from the job posting, scored them independently, then met to discuss and set a threshold for who would be invited to a first round of interviews conducted by the committee. He said he wanted Keith, Ken and himself to meet candidates before the board does.

18. 37:10
    Where the final decision sits

    The board established that the committee screens and conducts first interviews, then brings back two to four finalists, and the select board conducts the final interviews and makes the hiring decision, since the selectmen have the say in hiring and firing. The chief said he had no expectation of being involved in that final step. The board also agreed the committee could indicate a preference if there was a clear front runner.

19. 42:30
    Next steps on the search

    The chief is to confirm Greg Pace (?), Ruth is to arrange the first committee meeting and circulate a roster, and one of the select board members will chair. The chief agreed to draft a score sheet from the job posting rather than have the committee build one from scratch at its first meeting, and to make six copies of the binder he had assembled with a divider for each candidate plus the job description, the candidate list and the posting.

20. 47:36
    Whether the posting is a hard requirement

    Members agreed the job posting should not be treated as black and white, and that exceptional leadership qualities should not be disqualified by a missing certification, because it is the overall package that matters. The general view was to hire the person and train the skill, within the limits of a specialised field, and that the scoring will make the weak applications obvious quickly.

21. 47:36
    Employee classification and benefits triggering

    Ruth and the chief brought back a one-page revision to the personnel policy on employee classification, aimed at letting some of the chief's per diem staff also work part-time without triggering benefits. It had been reviewed by the town attorney, Jack, who found no conflict with state labour rules. The chief said his immediate problem had passed because the extra hours while he is out of action are temporary and not a regular schedule, which is what the rule turns on.

22. 52:47
    RFP for contract planner services

    The chair asked for approval to start the process of issuing an RFP for contract planner services for 2018, stressing the town would be under no obligation to sign anything. His view was that a contract planner rather than an employee fits fluctuating needs, covering planning board meetings, site plan reviews of developments, and above all helping the comprehensive plan committee build the future land use plan, which is outside what GPCOG provides.

23. 52:47
    Comprehensive plan compliance

    Updating the plan is a state requirement and Durham's existing plan was not found in compliance. Without a compliant comprehensive plan the town cannot adopt an ordinance that assesses an impact fee or imposes any kind of growth cap, which came up the previous night at a planning board workshop on possible marijuana ordinances.

24. 58:40
    Capital improvement planning

    The chair did not want the capital improvement work started by Paul First (?) to wither. He asked whether the board agreed it was a priority to pull the fire and public works replacement schedules, and items like the Union Church and this building, into one consistent town format showing the next three years, and to bring a capital improvement plan policy to town meeting in April so a proper CIP process can start in 2018.

25. 58:40
    Why a single plan matters

    The argument made was that without one plan, capital requests compete by whoever reaches the warrant first, so a fire truck wins and a dump truck loses. Members linked it directly to the road bond, since residents will ask what else is coming, and agreed the town finds a longer-range plan easier to support than a random annual request for capital reserve money.

26. 1:03:45
    Planning board vacancies

    Mindy Werder (?), the chairman of the planning board, resigned effective immediately. The board normally has five voting members and two alternates; it had already been down to five and no alternates, so it now stands at four and none. Ann agreed to serve as interim chair but not permanently; she is an attorney for the City of Portland working on municipal issues and had just returned from a conference on marijuana regulation.

27. 1:03:45
    Recruiting planning board members

    The town needs one member and two alternates, all appointed rather than elected, and alternates attend but only vote when called in. Members suggested advertising on the website and approaching Paul First (?), who had already agreed to help get the CIP work off the ground.

28. 1:03:45
    Road rebuild scenarios

    With no road commissioner report, the chair asked that Calvin be told to show progress on prioritising road rebuilds. What is wanted is which roads would be done in which year under a two, three and four year programme, with cost estimates, to support the bond discussion. Members noted the list will shift with each winter and that people tend to pick the middle option.

29. 1:08:47
    Oaths for Robert Forest

    Ruth (?) asked for motions on two oaths of office for Robert Forest, as E911 addressing officer and as licensed plumbing inspector. The state granted a waiver giving him time to complete the licensing training while serving in the role, and a state representative had come to the office and spoken with him.

30. 1:08:47
    Tax foreclosures

    The foreclosure date had passed the previous day with three foreclosures this year, two of them land only and one a property with an occupied trailer on it. Ruth will write to the owners telling them they have lost the right to redeem; the practice has been to let them pay everything in full within a set time and quitclaim the property back, with sales considered around March if nothing is heard.

31. 1:13:50
    The small foreclosed parcel

    Members asked where one of the parcels is. It was described as a pie-shaped lot of about 0.8 acres with 167 feet of frontage running back some 450 feet, on a road the recording does not render clearly, with nothing built on it. Ruth (?) said she would research the properties further after the letters go out and bring it back; nothing was required of the board.

32. 1:13:50
    Employee evaluation process

    Ruth (?) asked whether to keep the existing process for this year. Under it she reviews her own staff and the code enforcement officer, and the board reviews her and the road commissioner. The board decided it wants to read the write-ups before they go to the employees, not to rewrite them but to understand how it is done and to be briefed on any relevant history.

33. 1:18:57
    Scheduling the evaluations

    Counting Ruth's staff, the road commissioner's five or six and the chief's two, there are around a dozen reviews, which members said cannot be done in a quick executive session. Hard copies will be put together as a packet for members to collect a week beforehand and read in advance, rather than emailed, and the evaluations were set for the December 28 meeting.

34. 1:24:19
    Raise timing and retroactive pay

    Members objected to appraisals being done in November for raises that go into the budget and do not reach paychecks until April, then get paid retroactively to January. The constraint discussed is that before town meeting the town can only spend what it spent in the same months the previous year. The view taken was that raises should follow shortly after an appraisal and that the wage pool approved at town meeting should be what is worked with, but that fixing it is next year's problem.

35. 1:29:21
    Town office painting

    Ruth (?) reported paint bids, with one she preferred coming in under $5,000 from a local painter. The board confirmed she already had authority to proceed at that level.

36. 1:29:21
    Furniture quote and the chairs

    The furniture package came to $12,166.68 for a table and chairs in the meeting room, two desks and associated items in the back office, and a bookcase. A member objected to roughly $3,000 to $3,500 of that being chairs, arguing the existing plastic chairs are not falling apart and only need cleaning, and that residents will ask why the town is buying chairs when the 80/20 health insurance split is unresolved.

37. 1:34:32
    Chairs resolved

    Members split the difference: the wheeled cloth-seat chairs used regularly are scratched and worn and would be replaced, while the 14 plastic chairs in the meeting room would be kept and cleaned. One member said he still thought all of them should be replaced.

38. 1:34:32
    Health insurance benchmarking

    The board returned to the 80/20 insurance question it had promised to look at, noting earlier benchmarking put Durham in the middle of comparable municipalities, more generous on one side of the package and less on another. Members wanted it presented in a format residents can see for themselves, observed that a vocal contingent objects to offering family coverage at all, and noted premiums are up about 3% this year.

39. 1:40:04
    Moving furniture for the flooring

    The flooring contractors were reluctant to move furniture and said it would raise the price. Ruth had looked at pods and moving companies. A member objected to the habit of assuming public works has spare time for this kind of job and to the resentment it causes, and another pointed out the cost of a public works employee hurting their back moving a desk. The board took the view that $500 to $1,000 for the whole building is not worth arguing about.

40. 1:40:04
    Sequencing paint and flooring, and trail work

    Painting should be done before the flooring, with the office painted on a Wednesday when nobody is in and the rest picked away at during the week. Ruth (?) confirmed that John Simino had responded to the appeal for help with trail work and done chainsawing.

41. 1:45:09
    Evaluation forms and who writes them

    There are separate supervisory and non-supervisory forms; the supervisory form applies to Ruth and the road commissioner. Following a model one member described from a board of trustees, each select board member will write a short evaluation and one member will consolidate them into a single document. Rob agreed to do the consolidating, with members' write-ups due to him in sealed envelopes by around the 21st.

42. 1:45:09
    Robert Forest's probationary check-in

    Robert Forest started in October on a six-month probationary period, so a formal review would be early, but the board wants him on the agenda after the first of the year for an informal how is it going. Members said they had told him repeatedly to raise problems early rather than let them fester. The chief's own evaluation was dropped in favour of an exit interview, since he has resigned.

43. 1:45:09
    Next meetings, executive session and adjournment

    The next regular meeting is December 12 at 4:30 pm, followed by Thursday December 28 at 6:30 pm. The executive session listed on the agenda had been carried over from last time and the board agreed it was not needed.

What was decided

• 0:03
  Accept the consent agenda as presented. Moved and seconded; the chair called for those in favour but the recording does not capture a result and the meeting moved straight to the next item.outcome unclear
• 15:53
  Approve the purchase of the ground barrier sheeting for the Union Church and the clearing of the brush and trees around it as proposed, at $279 plus $50 shipping for the sheeting and a $400 bid for the tree work, paid from the Union Church reserve. Moved and seconded, and the chair thanked the applicant and told her to keep getting quotes.passed
• 20:53
  Hold the December 12 meeting at 4:30 pm rather than 6:30 because of the school holiday band concert, keep its agenda light, and move the December 26 meeting to Thursday December 28 because the town office is closed. Wait until January to bring in the budget committee.passed
• 20:53
  Change the regular meeting schedule from every other week to the second and fourth Tuesdays of each month, starting January 9. Moved and seconded, and the rest of the meeting was scheduled on that basis.passed
• 26:09
  Release the town's claim on the schoolhouse land by signing the quitclaim deed to the Durham Leisure Campground, the campground having paid the town's legal fees. Moved and seconded with no discussion, and Ruth went to print the deed for signature.passed
• 31:18
  Constitute the fire chief search committee as Keith Russell and Kenny Scrier (?) from the fire department, Todd and Rich from the select board, and an outside fire chief, with the chief to approach Greg Pace (?) of North Yarmouth; one of the select board members to chair. The committee will screen, conduct first interviews and return two to four finalists, with the select board conducting final interviews and making the hiring decision.passed
• 47:36
  Hold the revised employee classification section of the personnel policy over to the next meeting so members can read it first.tabled
• 52:47
  Permit and ask Ruth to issue RFPs for contract planner services for 2018, with no obligation on the town to enter a contract. Moved and seconded.passed
• 1:08:47
  Appoint Robert Forest and administer the oath of office for licensed plumbing inspector and E911 addressing officer. Moved and seconded; the chair confirmed afterwards that it was done.passed
• 1:34:32
  A motion to move forward with the whole town office furniture order except for the chairs. No second was offered and the chair stated the motion fails.failed
• 1:34:32
  Buy the rest of the furniture and replace the cloth-seat wheeled chairs, but keep the existing plastic meeting-room chairs and have them cleaned. Moved and seconded; the chair recorded the vote as four to one.passed
• 1:40:04
  Have the flooring contractor move the town office furniture rather than asking public works to do it, accepting the additional $500 to $1,000 for the whole building.passed
• 1:45:09
  Each board member will write an evaluation of the town administrator and the road commissioner on the supervisory form and deliver it to Rob in a sealed envelope by around the 21st; Rob will consolidate them into one document to be circulated before the December 28 meeting, when the evaluations will be taken up. No evaluation will be done for the fire chief, who has resigned; an exit interview will serve instead.passed
• 1:45:09
  Adjourn. Moved and seconded; the recording ends at this point.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

• 10:38
  The Union Church reserve holds over $50,000, and the board clarified that money in a capital reserve can be spent for the purpose the reserve was created for on a select board vote alone, without going to town meeting, contrary to what had previously been assumed.
• 52:47
  Durham's comprehensive plan has not been found in compliance by the state. Until it is, the town cannot adopt any ordinance imposing an impact fee or a growth cap, which came up directly in the planning board's workshop on possible marijuana ordinances.
• 1:03:45
  The chairman of the planning board resigned effective immediately, leaving it with four voting members and no alternates against a normal complement of five and two. The town needs to appoint one member and two alternates.
• 1:08:47
  Three properties were foreclosed on this year, two land only and one with an occupied trailer on it. Owners will be written to and, as in past years, can still get the property back by paying their taxes in full within a set period; the town would not consider selling until around March.

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: 5 passages of motion language, against 14 decisions summarised.

Elsewhere

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