May 11, 2021 ~ Select Board Meeting

2021-05-11 · Select Board · 1:08:46 · watch on YouTube →

A regular Select Board meeting held on Zoom, and the first with the new town manager, Kathy (?), present on her second day. The board settled the tax collection with Ruth Glaeser and recommitted it to the new manager at $15,223.60, and approved an oath letting Ruth Glaeser continue as deputy treasurer through the overlap. The longest item was a redrafted road posting ordinance, worked up by road commissioner Calvin with Pete Coughlin (?) of Maine DOT from the Maine Municipal Association model; after a disagreement about singling out Rabbit Road, the board voted 4-1 to take Rabbit Road off the list of restricted roads and then 4-1 to send the ordinance to a public hearing two weeks later. It also approved a mailer to every household about the 22 May special town meeting, the warrants for that meeting and for the 8 June RSU 5 budget validation referendum, and a three-year paving contract with Crooker Construction (?) at $917,025. The town's written minutes list four members present, but five members vote by name in every roll call on the recording.

What was discussed

1. 0:10
   Call to order on Zoom

   The meeting was held in Zoom format, so the chair called each member by name and asked them to speak so anyone watching could confirm they were audible; all five members were present. Marc Farrin was attending two meetings at once and was asked either to be present for a whole discussion or not to vote on it.

2. 0:10
   Amendments to the agenda

   Two items were added. Item 4D, approval of the warrant so it can be posted for the special town meeting on 22 May, and item 4E, an oath for Ruth Glaeser as deputy treasurer so she can keep working the counter and handling money during the transition.

3. 0:10
   Public comment: committee oaths

   Heather Roy (?) asked whether she should have been on the list of committee appointments approved at the previous meeting. She was told that list covered yearly oaths that had expired, and that her budget committee oath, taken after the election, runs three years, so she is set.

4. 0:10
   Public comment: the record of the road ordinance hearing

   Heather Roy (?) asked whether posted minutes mean the board has approved them, and was told yes, usually with a lag of two weeks or more. She then pointed out that the 13 April minutes show "none" under public comment even though there was extensive input that night. The board explained the public hearing is a separate agenda item from the public comment period, and that what was said during the hearing is documented only by the video with no written record.

5. 0:10
   Public comment: who votes on the road ordinance

   Heather Roy (?) said two people had asked her about this, because the public hearing was told the select board would vote while at the last meeting it was said twice that the town would vote. The chair confirmed the road ordinance is one of a very small number of matters decided by the select board rather than by a townwide vote.

6. 5:22
   Public comment: a baseline count for Swamp Road

   Heather Roy (?) said that if restricting Rabbit Road could push traffic onto Swamp Road, there is no concrete number to compare against. She asked for a traffic count to be done on Swamp Road now, before anything changes on Rabbit Road, so there is a point of comparison later.

7. 5:22
   Tax settlement and recommitment

   The chair noted the new town manager's first official day had been the day before, so he put the questions to Ruth Glaeser. She explained that changing tax collectors requires a settlement absolving the outgoing collector and a recommitment of the taxes to the incoming one, and that the amount is only around $15,000 because the lien was done the previous week and the collector's responsibility ends once a property is liened.

8. 10:41
   Working out the wording

   The board worked out on the fly how to word the motion, settling on naming both people, covering the years listed in the document rather than reading each one out, and attaching the document to the minutes. Both the settlement and the recommitment are for the same amount.

9. 10:41
   Road posting ordinance taken out of order

   Pete Coughlin (?) of the Maine Department of Transportation had joined the call to answer questions, so the board moved to item 4C rather than keep him waiting.

10. 10:41
    How the ordinance was redrafted

    Calvin (?) explained that he and Pete Coughlin (?) backed the ordinance up to the Maine Municipal Association model, which is where the town's existing ordinance started before it drifted and picked up references that should not have been in it. The redraft separates permanent year-round restrictions from the seasonal restrictions that protect the town's investment during spring thaw, and adds the Maine DOT 2019 definition of a solidly frozen road.

11. 15:51
    What the board is deciding tonight

    The chair set out that the decision was which version of the ordinance to take forward, with a public hearing at the next meeting towards the end of May followed by a possible board vote. Members thanked Pete Coughlin (?), who is neither a Durham resident nor a town employee, for the time he had put in.

12. 15:51
    The well drilling exemption

    A member asked why well drilling equipment is called out only when an emergency drought has been declared, which reads as though that is the only circumstance in which it can travel. Coughlin (?) said the passage is lifted word for word from statute. The clarification was that well drillers can travel any time; the exemption only bites during seasonal postings, and it was added after drillers found themselves barred from posted roads during a drought about ten years ago.

13. 15:51
    The frozen road exemption

    A member asked whether a road on the year-round list is still open when frozen solid. The answer was yes, under the exemption on the front page beneath the list of six roads, though the exemption does not apply during the late winter season when the orange signs are out. Members found the formatting made it unclear which exemptions attach to the year-round list and which to the seasonal restrictions, and noted a typo.

14. 21:06
    Formatting the two sets of restrictions

    It was agreed the year-round and seasonal headings should be bolded and bulleted, or made separate sections, so the exemptions are plainly attached to the right set. Coughlin (?) said he helped write the MMA model years ago and it is deliberately broad, but its language about orange signs seemed to imply it also covered the black-on-white no-through-truck signs, which did not line up, so the redraft addresses each separately.

15. 21:06
    What the ordinance would mean in practice

    A member confirmed that a truck registered over 23,000 pounds gross could use a year-round posted road when it is frozen solid. The compromise he described from the public hearing was that local businesses could run those roads empty, but loaded trips during restrictions would have to detour by Route 9 and around the Eureka Center.

16. 21:06
    Whether to post roads at all, or all of them

    Richard George questioned singling out Rabbit Road, a main thoroughfare, when other roads are just as busy. Calvin's answer was that trucks leaving the gravel pit are funnelled straight onto Rabbit Road, whereas from Route 9 they disperse, and that he would rather keep them on state roads which are built to a better standard and repaired at state expense.

17. 26:37
    Disagreement over Quaker Meeting House Road

    Asked whether he would post Runaround Pond Road and Quaker Meeting House Road, Calvin (?) said he does not see the trucks going that way. Richard George, who lives on and drives Quaker Meeting House Road often, said that was not accurate and that more research was needed.

18. 26:37
    The chair's position and the argument about businesses

    Kevin Nadeau said he would be content to post all town-owned roads, since the town is used as a cut-through by others while Durham pays, and that if Rabbit Road came off he would rather post none of them. Richard George said businesses and livelihoods are at stake and he could not in good conscience close a major thoroughfare with a business on it; the counter was that a posting applies equally to every company, though it might shift custom from one pit to another.

19. 26:37
    The detour arithmetic

    Rabbit Road is about a mile, and the alternative loop by Route 9 and the Eureka Center is 4.2 miles, so the detour adds about 2.2 miles to each trip. The chair's point was that every operator pays it equally and the cost passes on to those buying gravel and building houses and roads, largely in other towns.

20. 31:41
    Which roads belong on the list

    A member said he would add Davis Road and Runaround Pond Road before singling out Rabbit Road, and that Quaker Meeting House Road is in far worse condition than Rabbit Road yet is not proposed for restriction. Marc Farrin said the sensible options were to post everything or make no changes.

21. 31:41
    Whether to strip the list further

    One member argued that without Rabbit Road there is little point posting the others and the ordinance should become a seasonal or frozen roads posting only. The chair disagreed, saying roads such as Old Brunswick and Shiloh are posted for reasons beyond traffic volume, being tight and winding with poor sight lines, and that trucks should be using Quaker Meeting House Road, which is wider with better sight lines.

22. 31:41
    Why amendments must be made before the hearing

    The chair explained that because this is an ordinance, whatever is published for the public hearing must be voted straight up or down afterwards and cannot be amended at that meeting. Any changes therefore have to be made before it is published, which is why the board was debating the road list now.

23. 37:14
    Votes on the ordinance

    The amendment removing Rabbit Road was taken first, then the motion as amended. Pete Coughlin (?) was thanked and released before the rest of the meeting.

24. 37:14
    Special town meeting mailer

    The board's practice, though never written down, has been to mail notices to every household when there is a town meeting, special town meeting or major public hearing. The draft is a two-sided sheet, folded in half, sealed along the bottom, with the address at the top and a multiple mail permit.

25. 37:14
    Presentation of the mailer

    Suggestions were to rearrange the layout so the heading, Town of Durham Special Town Meeting Informational Sheet, is the first thing visible above the seal, and to print it on bright coloured paper such as neon yellow or hot pink. Ruth Glaeser (?) said the coloured paper would cost a little more but probably not much.

26. 42:46
    Whether a mailer is needed at all

    Richard George asked how many direct email contacts the town has and was told about 630 to 700 on the newsletter list, some of whom are not residents. He estimated 30 to 40 percent of mailers end up in the bin or as kindling, but agreed the cost is reasonable and it is worth trying, since there is no guarantee anyone reads anything short of certified mail.

27. 48:42
    Special town meeting warrant

    The warrant for the 22 May special town meeting has a first article to elect a moderator and a second carrying the language the board approved at its previous meeting.

28. 48:42
    RSU 5 budget validation warrant

    The board had deferred this from the previous meeting. Because of the pandemic there is no three-town meeting, so it goes to a secret ballot referendum on 8 June in the same format as last year: a moderator article, the general school budget article, adult education, capital reserve articles and the Region 10 career and technical education budget.

29. 53:52
    Why the board approves the school warrant

    Richard George asked why the town cannot attach a recommendation as it would on a town warrant, and questioned the point of approving something it has no say in. The explanation was that state law lays out the RSU budgeting process and there is no budget committee equivalent in a multi-town RSU; Durham has three members on the school board, the RSU holds many public input opportunities, and the board's approval is procedural because in a town meeting form of government anything going to a vote must appear on a warrant the board approves.

30. 53:52
    Size of the school budget increase

    Todd Beaulieu asked how much higher the budget is than last year. The answer was a low single-digit percentage, around 2 percent, with summary and detailed documents available under the budget heading on the RSU website.

31. 53:52
    Deputy treasurer oath

    With the overlap between the outgoing town administrator and the incoming town manager, an oath was needed for Ruth Glaeser as deputy treasurer so she can legally continue doing transactions at the window and handling money.

32. 53:52
    Bulky waste alternatives

    The chair asked for this on the next agenda. Casella has agreed the town can have access to its transfer station on two consecutive Saturdays rather than one, as a make-good on bulky waste day. The board will have to choose between that and holding something closer to a traditional bulky waste day later in September.

33. 53:52
    Road commissioner: the paving contract

    Calvin had forwarded the signed bid tab pages from Crooker Construction (?) and asked for authorisation to sign the contract. The chair noted that anything the board is being asked to vote on should be put on the agenda under action and discussion items rather than raised in a report.

34. 59:14
    Army Corps permits

    There has been no answer on the Army Corps of Engineers permits; the Corps wanted more upstream and downstream elevations and the engineer petitioned DEP to allow the work out to bid before that is finalised. It is getting late in the year, so this is likely a next-year project, though the board could still put it out to bid and reject all bids if prices come in high.

35. 59:14
    Meadow Road at Route 125

    DOT had agreed a point at which its work would join the town's Crooker contract, but the DOT contact retired and his successor wanted to stop at DOT's own plan limit, leaving a gap covered only by a shim and overlay. After the town's engineer confirmed that would not hold, DOT agreed to box cut the pavement back to the town's point and lay an average of 12 inches of new gravel, made to fit its budget by taking three inches off elsewhere.

36. 59:14
    Gravel roads, town office and crack sealing

    The spring work on gravel roads, adding material, repairing potholes and shaping, is largely wrapped up. The crew started on the town office that day to have it presentable for town meeting and expected to be back the next day. Crack sealing follows next week, done in house: the town gets the machine free for two weeks in return for buying a certain quantity of blocks, and starts with the fire station and town office before moving to the roads.

37. 1:05:00
    Fire chief's report

    Chief Moore (?) reported annual hydrant testing under way, so residents will see trucks parked on roadsides and crews directing traffic for safety. Annual hose testing is this week, done by an outside company under contract as it has been for several years. There is still no news on when the air packs will arrive, and work continues on the transition to a new EMS billing system. He was asked to join the first part of the executive session to discuss a transition plan.

38. 1:05:00
    Town manager's report

    On her second day, Kathy (?) reported that Ruth Glaeser had taken her round all the town properties, and that she had met Calvin to discuss streamlining processes around subdivisions and roads and improving tracking and communication between departments. She plans to meet the town planner the following week and the board members individually, and spent the day on the financial transition, technology, emails and banking.

39. 1:05:00
    Upcoming meetings

    The special town meeting is on Saturday at 9 a.m. in the town office parking lot, to vote on the single budget article reconciling what the town can raise against what people wanted to spend. Regular board meetings follow on Tuesday 25 May and Tuesday 8 June.

What was decided

• 10:41
  Approve the tax settlement of $15,223.60, relieving Ruth Glaeser as the current town administrator and treasurer of responsibility for collecting it, and recommit the same $15,223.60 to the incoming town manager as tax collector. The town's minutes record it as moved by Kevin Nadeau, carried 5-0.passed
• 37:14
  Amend the proposed road posting ordinance to take Rabbit Road OFF the list of roads carrying restrictions. Stated longhand: the effect of the amendment is that Rabbit Road would not be posted at all. Moved by Kevin Nadeau as an amendment to his own motion, seconded by Richard George; carried 4-1, with Rob Pontau (?) voting no.passed
• 37:14
  Post the proposed road posting ordinance, as amended to exclude Rabbit Road and with the year-round and seasonal sections reformatted for clarity, on the town website and the other legally required channels, and hold a public hearing at the regular meeting two weeks later, with a board vote to follow. Carried 4-1, with Rob Pontau (?) voting no.passed
• 42:46
  Send the presented draft mailer to all households in Durham as soon as possible, incorporating the suggested changes: bright coloured paper and a layout that puts the special town meeting heading where it is visible from the outside. The town's minutes record it as moved by Kevin Nadeau, seconded by Richard George, carried 4-0; Marc Farrin abstained.passed
• 48:42
  Approve the warrant for the special town meeting on 22 May as presented. The town's minutes record it as moved by Kevin Nadeau, seconded by Todd Beaulieu, carried 5-0.passed
• 53:52
  Approve the RSU 5 warrant for the 8 June 2021 budget validation referendum as presented. The town's minutes record it as moved by Kevin Nadeau, seconded by Marc Farrin, carried 4-1; Todd Beaulieu voted no on the roll call.passed
• 53:52
  Approve the oath for Ruth Glaeser to continue as deputy treasurer for the town of Durham until the end of her employment. The town's minutes record it as moved by Kevin Nadeau, seconded by Marc Farrin, carried 5-0.passed
• 53:52
  The choice between taking Casella's offer of two consecutive Saturdays at its transfer station and holding a traditional bulky waste day later in September was put over to the next meeting's agenda.tabled
• 59:14
  Authorise signing the three-year paving contract with Crooker Construction (?) at a total of $917,025, the first year being $282,900. Four members were called and all voted yes; Marc Farrin was not called on this roll.passed
• 1:05:00
  Approve the consent agenda as presented, nothing having been pulled for discussion. The town's minutes record it as moved by Kevin Nadeau, seconded by Richard George, carried 5-0.passed
• 1:05:00
  Go into executive session pursuant to 1 M.R.S.A. section 405(6)(A) for discussion of personnel matters. The town's minutes record it as moved by Kevin Nadeau, seconded by Richard George, carried 5-0.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 sb_minutes_5-11-21_final.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.

• approve the Tax Settlement amount of $15,223.60, relieving the current Town Administrator/Treasurer of that responsibility, and re- committing the same amount to the new Durham Town Manager and Tax Collectorcarried 5-0

  Moved by Kevin Nadeau, no seconder recorded

• post the proposed Road Posting Ordinance on the Town of Durham website and other channels in preparation for a public hearing on the ordinance on May 25, 2021, then a Select Board vote on the ordinance as presented, with…

  Moved by Kevin Nadeau, no seconder recorded; no outcome recorded

• send the presented draft mailer to all households in Durham as soon as possible, and incorporating the suggestions of using bright yellow paper and editing the formatting of the headlinecarried 4-0

  Moved by Kevin Nadeau, seconded by Richard George

• approve the Special Town Meeting warrant as presentedcarried 5-0

  Moved by Kevin Nadeau, seconded by Todd Beaulieu

• approve the RSU5 warrant for the June 8, 2021 Budget Validation, as presentedcarried 4-1

  Moved by Kevin Nadeau, seconded by Marc Farrin

• approve the oath for Ruth Glaeser to continue as Deputy Treasurer for the Town of Durham, until the end of her employment with the towncarried 5-0

  Moved by Kevin Nadeau, seconded by Marc Farrin

• approve the Consent Agenda as presentedcarried 5-0

  Moved by Kevin Nadeau, seconded by Richard George

• go into Executive Sessioncarried 5-0

  Moved by Kevin Nadeau, seconded by Richard George

Worth knowing

• 0:10
  Heather Roy pointed out that the 13 April minutes record "none" under public comment even though there had been extensive public input at the road ordinance hearing that night. The board confirmed the hearing is a separate agenda item from the public comment period, and that what was said at the hearing exists only on the video with no written record.
• 26:37
  The detour the ordinance would impose is a 4.2 mile loop by Route 9 and the Eureka Center in place of a one mile run on Rabbit Road, adding about 2.2 miles to each trip. The chair's argument was that every operator pays it equally and passes the cost on to those buying gravel and building, mostly in other towns.
• 37:14
  The board voted 4-1 to take Rabbit Road out of the ordinance before it goes to public hearing, so as it stands Rabbit Road would not be posted. Rob Pontau (?) voted against both the amendment and the ordinance, having argued that the town should either post all its roads or leave things as they are.
• 59:14
  The three-year paving contract with Crooker Construction (?) was authorised at $917,025, with the first year quoted at $282,900.

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 11 decisions summarised.

Elsewhere

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