Select Board Meeting ~ September 24, 2024

2024-09-24 · Select Board · 2:15:49 · watch on YouTube →

The Select Board met on September 24, 2024 with three members present; two were excused, including the chair, and the recording gives their names as Joe Roy and Joe Tomm. The meeting opened with recognition of Roxy Dobson, who had recently died and whom the acting chair described as an important member of the fire department family. The board settled the wording of an advisory question for the November ballot on law enforcement coverage, worked through a list of outstanding items covering the fiscal year change, committee liaisons, the town website and the fee schedule, and then created an Agricultural Commission of nine members and two alternates with an application period running October 1 to 22 and appointments on October 29. The town manager reported on absentee voting, the new financial software, a free clothing donation bin and the investment of $5 million of town funds, and explained recent staff title changes. Several votes in this recording are cut off before any result is stated, so their outcomes are recorded here as unclear.

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. 2:22
   Opening and recognition of Roxy Dobson

   The acting chair opened the meeting with a quorum, noting two members excused. He recognised Roxy Dobson, who had died recently and whom he described as an important member of the fire department family, and said the fire chief and the department had already held a moment of silence. There were no amendments to the agenda and no public comment.

2. 2:22
   Follow-up on law enforcement questions

   The acting chair reported back on questions raised at the law enforcement workshop. Officers from other communities passing through Durham will not patrol or stop here because of insurance and other regulations; one neighbouring police department estimated about $440 an hour to patrol Durham, excluding travel time, a figure given in the recording as both $440 and $444, against the $100 an hour with a four-hour minimum quoted by the Androscoggin County Sheriff. Chief McGee (?) indicated Lisbon was not a good option and would cost more, and the principal at the Durham Community School said the school resource officer meets with him before the year starts and he did not press for additional time, though he would take it if offered.

3. 8:08
   Wording of the November advisory question

   The town's attorney had suggested asking whether the Select Board should negotiate an agreement with the Androscoggin County Sheriff's Department to provide police service, to be presented to a later town meeting. Debbie (?) said she did not think the town was ready for a question that specific, and that the original issue was whether to spend more time evaluating options. Heather (?) also proposed compiling the recurring questions and comments from the workshop into a frequently asked questions document ahead of the November election, to be sent to Joe and Jerry for the October 8 agenda, with agenda items due the Monday before.

4. 13:16
   The COPS grant and the scope of the question

   The acting chair argued the question should be tied to the federal COPS grant, under which the first year would be largely paid for and the town's share would rise through 25%, 50% and 75% to 100%. Others said tying the question to the grant would close off the option of pursuing coverage without it, and a two-part question was considered and dropped. The board also noted the town has now made its final equipment bond payment, about $174,000, which comes off the next budget.

5. 13:16
   Approaching the county about sheriff coverage

   The acting chair said he had spoken with the county manager, a former sheriff's department employee, without finding a quick answer, and proposed raising with the county commission whether Durham gets the coverage its county taxes pay for. He said the answer he had been given was that deputies go where the calls are and most calls come from other towns, which he said reflects the fact that they are not in Durham often. The board agreed he should speak with the county manager and with Brian Ames, Durham's representative on the commission, with the outcome put in writing so it can be brought back to a meeting.

6. 19:05
   Vote on the advisory question and start of the loose ends list

   The board settled on the wording: should the Select Board continue to pursue additional law enforcement coverage to service the Town of Durham, to be presented at a later town meeting for approval. The acting chair noted this leaves room for contracting with the sheriff or simply advocating for coverage, and that no final decision is made by the vote. The board then began working through a list of outstanding items prepared by Debbie, agreeing the finance software project would be reported through the town manager's report as information comes in.

7. 24:44
   Fiscal year change and the budget timeline

   The fiscal year change discussion was set for October 8 when all five members are expected. Debbie (?) asked for a written timeline or graphic showing how the current budget process works and how it would change, saying she cannot follow it from discussion alone, and offered to write it up if given the information. Jerry (?) said departments should have their budgets to him by the end of November or the start of December, that an 18-month budget would take the figure presented to town meeting from about $10 million to about $15 million, that town meeting would move to June but not until 2026, and that changing to a fiscal year does not require a town vote.

8. 30:39
   Committee liaisons and reporting

   The board agreed that where a Select Board member serves as liaison to a committee, updates come through that member's board report rather than the committee chair attending. A committee chair would come to a meeting when the committee needs a vote or support from the board, or has something to bring to its attention, and would get on the agenda by emailing the town manager, who would clear it with the chair of the board.

9. 35:58
   Town manager evaluation and rescheduled land use items

   The town manager's evaluation, already delayed, was moved to the October 29 meeting, with the acting chair and the chair to prepare something beforehand. Three items removed from this agenda because the chair was absent, on resource protection, the historic district commission articles and battery storage, were moved to October 8 when all five members are expected. The historic district commission's separate list of questions was put on the October 29 agenda.

10. 41:45
    Website search and finding information online

    The board discussed adding a search box to the town website. Jerry (?) said the option the town's provider offers is a Google search of the internet rather than the town site, so it can return outdated pages and superseded forms, and warned that if someone used a wrong form the town would end up honouring the lower fee. Members said they and residents have had difficulty finding material, one giving the example of being unable to find the record of an earlier straw poll, and asked Jerry to work with Kimberly on alternatives such as a link to ask a question with a 24-hour response and a frequently asked questions list, or to find out what a search that actually indexes the site would cost.

11. 52:47
    Posted policies and the fee schedule

    A member asked that the fee schedule posted on the website be checked for an approval date, and that posted policies carry a common header with approval dates. The board also noted its frustration with generic agenda items that arrive without material to prepare from.

12. 57:58
    After-the-fact permit fees

    Heather (?) raised a project carried out in town over the previous two weeks without permits, which she said also damaged a road the town had recently paved. The permit fee was $125 and the only remedy in the fee schedule is a doubled fee, so a further $125, which she said is nothing compared with the work done. She argued the penalty should depend on which section of the ordinance was breached, suggesting something in the order of $10,000 for building a road without a permit, and distinguished that from an accidental case such as enclosing a porch. Jerry (?) said the doubled fee is the town's only current recourse and the fee schedule is the board's own policy to change.

13. 1:03:24
    Next steps on permit penalties

    Heather agreed to put together a proposal, to speak with Jerry and to ask the attorney what remedies other towns use, for the November 12 meeting when the attorney will be present. The board decided to group that discussion with the outstanding Eureka Center fee structure rather than make separate changes at separate meetings.

14. 1:08:59
    Agriculture group and its draft charter

    Members of an agriculture group introduced themselves: Gary Good, owner of the farm and store; Jenny Montgomery, who works in the store and owns property in Durham; Jonah (?), co-owner of Celebration Tree Farm Wellness Center at 125 Bowie Hill Road; and Dave Coulson, who has farm property on the Davis Road and chairs the board of Maine Farmland Trust. They said about 20 farmers, advocates and gardeners met two or three times in the spring with support from Maine Farmland Trust and drafted a charter based on the Conservation Commission's charter and on agricultural commission charters from other Maine towns. They noted the 2018 comprehensive plan calls for an agricultural and forestry committee and that they had focused on agriculture, and that one question the group wants to take up is what counts as a farm today.

15. 1:20:10
    Comments on the charter and the appointment process

    Heather (?) said the draft is vague on officers, terms and record-keeping compared with the town's other committees, and that the town's appointment application process has to be followed before members can be seated, which the group accepted. The acting chair said the board sets the roles, the number of members and the terms and then appoints, while the committee adopts its own procedures. Members linked the point to the unresolved question of the historic district commission's authority, saying they do not want to create another body whose role in relation to the code enforcement officer and Planning Board is undefined.

16. 1:36:43
    Creating the Agricultural Commission

    A motion was made to create a Select Board appointed Agricultural Commission of nine voting members with two alternates, on staggered terms of four three-year, four two-year and three one-year appointments. Members preferred a commission to a committee on the grounds that a committee suggests short-term work. The motion was seconded and the vote called, but the recording does not state the result.

17. 1:42:08
    Roles, responsibilities and the application window

    A second motion set the commission's role: to advise and make recommendations to the Select Board, Planning Board, Conservation Commission, other municipal committees and town staff on agriculture; to work on strategies and actions in the comprehensive plan; to review the plan and land use ordinances for provisions affecting agriculture and identify barriers and opportunities; to propose amendments while protecting health, safety and welfare; to facilitate public participation in changes affecting agriculture; to research what other communities do; and to sponsor events such as community suppers, farm forums, workshops, a harvest festival and Open Farm Day. The board then set applications open from October 1 to October 22 with appointments on October 29, using the standard committee appointment application on the town website, publicised through the newsletter and Facebook page.

18. 1:47:22
    Manager's report: voting, financial software and a clothing bin

    Jerry (?) confirmed in-person absentee voting starts October 7 at the town office and will include the advisory question. The chart of accounts and vendor list have been imported into the new financial software, Farmington has also signed on with the same company, and Mark is working closely with them. Jerry also reported the offer of a free clothing donation bin for old clothes, shoes and bags at no cost to the town, with the supplier holding one for Durham.

19. 1:52:43
    Siting the bin, investments and staff changes

    After discussion of the Eureka Center and public works, the board settled on siting the clothing bin at the town office near the trash cans at the front, on the understanding it can be moved; no vote was taken. Jerry (?) reported placing $5 million: $1.5 million in a three-month CD, $1.5 million in a six-month CD and $2 million in an insured cash sweep, with $2 million left in the town's bank account, locked in before the Federal Reserve lowered rates, and estimated interest just short of $100,000 against about $30,000 previously. He explained recent title changes: Jessica has moved to Deputy Treasurer and Deputy Tax Collector, Devon is now town clerk rather than deputy clerk, and Kimberly has moved from part-time to full-time, with two part-time staff promoted to full-time after a resignation but without pay increases because there is no money in the budget for them.

20. 1:58:05
    Election day tables and information

    Heather (?) asked what election day will look like in terms of tables and what information the board wants available, such as how to sign up for the town's text service and a flyer for the clothing bin, and whether other boards and committees may have tables. Jerry and the acting chair said this is an administrative matter for the town clerk, that about three weeks' notice would be needed to make room, and that anyone providing information must do so in a non-political way. Devon (?) said it is his first election and he will follow the guidance of the state Division of Elections; the board asked him to find out how many tables are permitted and where they may be placed, and to circulate the answer by email.

21. 2:08:45
    Solid Waste Committee report

    Debbie (?) reported on her first Solid Waste Committee meeting, the committee's third. Some members had not come because they did not know a meeting was happening, and there was confusion over start-up procedures. The committee will mark up its charter with changes from Heather's email, will meet monthly, and meets next on the third Wednesday of the following month at the Eureka Center before moving to the second Monday of each month.

22. 2:14:11
    Consent agenda, upcoming meetings and adjournment

    A motion to accept the consent agenda as presented was made and seconded; the recording cuts off before any result. Upcoming meetings listed were the Planning Board on October 2 at the fire station at 6:30, Select Board meetings on October 8 and October 29, and the Solid Waste Committee on Monday October 21 at the Eureka Center. No executive session was needed and the board moved to adjourn.

What was decided

• 13:16
  Agreed the acting chair would speak with the county manager and with Brian Ames, Durham's representative on the county commission, about additional sheriff coverage, with the outcome recorded in writingpassed
• 19:05
  Approve the wording of the November advisory question: should the Select Board continue to pursue additional law enforcement coverage to service the Town of Durham, to be presented at a later town meeting for approvaloutcome unclear
• 35:58
  Hold the town manager's evaluation at the October 29 meetingpassed
• 35:58
  Move the resource protection, historic district commission and battery storage land use items to the October 8 meeting, when all five members are expectedpassed
• 1:03:24
  Ask the town manager and the town attorney what remedies other towns use for work done without a permit, for discussion on November 12 alongside the Eureka Center fee structurepassed
• 1:36:43
  Create a Select Board appointed Agricultural Commission of nine voting members and two alternates, with staggered terms of four three-year, four two-year and three one-year appointmentsoutcome unclear
• 1:42:08
  Adopt the roles and responsibilities of the Agricultural Commission as readoutcome unclear
• 1:42:08
  Open applications for the Agricultural Commission from October 1 to October 22, with appointments on October 29passed
• 1:52:43
  Accept the offer of a free clothing donation bin and site it at the town office; the town manager said no vote was neededpassed
• 2:14:11
  Accept the consent agenda as presentedoutcome unclear
• 2:14:11
  Adjournoutcome unclear

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

• 2:22
  A neighbouring police department estimated about $440 an hour to patrol Durham, not counting travel time; the figure is given in the recording as both $440 and $444. The Androscoggin County Sheriff's figure quoted at the earlier workshop was $100 an hour with a four-hour minimum.
• 57:58
  Work was done in town without permits over the previous fortnight, which Heather (?) said also damaged a recently paved town road. The permit fee was $125 and the only penalty in the fee schedule is a doubled fee, so a further $125; she asked for penalties that vary with the section of the ordinance breached.
• 1:52:43
  The town placed $5 million in investments: $1.5 million each in three-month and six-month CDs and $2 million in an insured cash sweep, locked in before the Federal Reserve lowered rates. Expected interest is just short of $100,000, against about $30,000 previously.
• 13:16
  The town has made its final equipment bond payment, about $174,000, so that amount comes off the next budget.

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 11 decisions summarised.

Elsewhere

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