November 24, 2020 ~ Select Board Meeting

2020-11-24 · Select Board · 53:04 · watch on YouTube →

The Select Board met remotely on November 24, 2020 with four of five members present; Todd Beaulieu had said in advance he could not attend. The code enforcement officer explained that the appeals board had overturned the town's denial of a junkyard permit on the ground that he had cited the operator but not the landowner, and set out how he intends to proceed. The board held off on two items so they could get further review: a draft earned paid leave policy, which goes to Jack before a vote, and the Union Church Committee charter, put on the second December meeting. A written COVID operations matrix drew a long disagreement and was not adopted; members instead agreed the town administrator would check with the chair when something needed to change. The board approved the Giving Tree policy, decided the fire department RFP should not go out yet, granted a $417.15 abatement in assessor's section, approved the consent agenda and adjourned.

What was discussed

1. 0:30
   Call to order and roll call

   Kevin Nadeau called the meeting to order and took a roll call, with Rob Pontau, Richard George and Marc Farrin answering. He thanked Rob Pontau for chairing the previous meeting in his absence and said he wanted to keep Pontau's practice of turning your camera on when you speak.

2. 0:30
   Public comment

   Nadeau said the participant list held only staff and people there on business. Nobody came forward for public comment.

3. 0:30
   Code enforcement: the junkyard permit appeal

   Bob, the code enforcement officer, reported that the board's denial of a junkyard permit to Ken (?) had been appealed and the appeals board sustained the appeal because the notice cited the operator and not the landowner. Checking the Androscoggin registry of deeds, he found the property is owned outright by Priscilla (?), with no record of the 300-by-300-foot plot the operator says he leases, and the junkyard has spread past that area. He had sent a letter on September 29 citing screening for the whole property, and now intends to cite the landowner for an illegal junkyard and require a fresh application afterwards.

4. 0:30
   Whether a junkyard permit can sit on leased land

   Nadeau asked whether state law allows a junkyard permit on leased land. Bob (?) read the application requirements, which ask for the property owner and separately for the operator, and took that to mean the operator need not be the owner. Richard George was doubtful, saying those clauses usually cover operating under a business entity rather than operating on someone else's land.

5. 5:59
   Lease not recorded; more research asked for

   Bob (?) said the operator describes leasing the land from his mother for a dollar a year, that no lease has been furnished to him and none is recorded, and that the operator's own house sits inside the claimed 300-by-300 parcel because there is no separate lot for it. Richard George explained that a tenant may record a lease to protect itself but a property owner typically would not. The board asked Bob to dig further, including with Jack, on who the permit is issued to and who is ultimately responsible for screening.

6. 5:59
   Earned paid leave: what the law requires

   Ruth (?) reported on the new earned paid leave law using the Department of Labor FAQ and Maine Municipal Association material, and confirmed it applies to Durham. She had gone back to 2019, filtered out the people who were part-time then, and worked out a rough figure for what it would have cost. Her draft policy gives one hour of earned paid leave for every 40 hours worked, does not allow partial hours, and lets the town require leave be taken in whole hours.

7. 5:59
   How the leave may be used

   Asked whether this is different from ordinary paid time off, Ruth (?) said it can be used for anything. An employer may ask for up to four weeks' notice if it is being used for a vacation; for an emergency the employee need only tell the employer as soon as possible. A town that already offers a paid time off benefit meeting the law does not have to add this on top.

8. 11:23
   Per diem versus part-time classification

   Richard George questioned whether per diem people, who set their own schedules, are employees at all, drawing on hospital practice. Ruth (?) said the law names per diem people specifically, and that the town pays FICA and workers' compensation on them and they are not independent contractors, so they meet the definition of an employee. Members noted the practical oddity that a per diem person who cannot be scheduled would effectively just take an extra hour of pay.

9. 11:23
   Earned paid leave policy held for legal review

   Nadeau suggested letting the policy sit a meeting so questions could surface. Rob Pontau said the policy read well but that anything with lasting effect ought to go to Jack, and the board agreed to send it along with a note that it had a lot of questions about per diem versus part-time.

10. 11:23
    Union Church Committee charter

    Not everyone had read the rewrite. The significant change was that the town manager, rather than the committee, would act as project manager, which made sense now that a town manager was about to start.

11. 16:34
    COVID operations matrix

    Ruth (?) presented a one-page document tying town office operations to county case ratings, saying case numbers would keep rising through the holidays and that employees and residents both needed to know in advance what would happen. She had taken it from South Portland's version, which she found more complex than she could follow in places, and pared it down. It used both Androscoggin and Cumberland counties because the school is in Cumberland County and many residents work there.

12. 16:34
    Where the town office already stands

    Androscoggin County was yellow and Cumberland green at the time. Members noted the office already limits how many people are in the building, staff work from home where practical, and the office has never stopped operating as though it were at the yellow level. Nadeau said he would not want the office to shift to appointment only merely because a neighbouring county changed colour when nothing had changed in Durham.

13. 22:17
    Masks and consistency

    The exchange turned pointed, with one participant saying the risk had risen sharply and that the town looks like a hypocrite if it makes rules it does not follow, and another answering that they do wear a mask when away from the desk. Members agreed the guidelines already in place matter less than enforcing them consistently.

14. 22:17
    What appointment only would actually change

    Members observed that with a lobby limit already in place, appointment only mainly affects whether people wait outside, and that in practice someone knocking on a locked door still gets served. Staff already go out to people's cars when a resident is uncomfortable coming inside. It was suggested the wording should perhaps be building closed to the public rather than appointment only.

15. 27:38
    Who decides between meetings

    Rob Pontau wanted the town administrator able to act quickly, given the board meets only every two weeks and an exposure at the office could force a same-day closure, with the board following up at its next meeting. Richard George said he would be comfortable keying decisions to Androscoggin County alone but not to Cumberland, most of whose cases he attributed to Portland. Others noted a county line is arbitrary.

16. 32:44
    Resolution: check with the chair

    Nadeau proposed that if the town administrator thinks something needs to change she check in with him as chair, and that a board meeting be called if they disagree or the issue is larger, with a county going red treated as a simple call. He said he was not comfortable leaving it to a matrix and wanted more flexibility in the process. The board moved on without adopting the document.

17. 32:44
    Giving Tree

    Durham is running its own Giving Tree this year after confusion about how the outside programme worked; Ruth (?) said only one Durham application had come in through it. Applications had been posted at the school and a local store, and local churches asked to mention it at Sunday services. Several people had taken tags and many had called about donating.

18. 32:44
    What happens to Giving Tree money

    Ruth wanted a written policy so donors know where their money goes, since the amounts are sometimes substantial. Under the policy, cash first buys gifts for any tags not taken, then grocery gift cards of up to $25 per family member for a holiday meal, with anything left over going to the Durham Home Heating Fund.

19. 37:47
    Fire department RFP

    The fire chief was absent but had submitted a written report saying he hoped to send the RFP out the next day. Nadeau had circulated feedback from a resident with a municipal administration background who thought the RFP too narrowly focused on equipment and the facility, without asking for an evaluation of overall town fire and EMS needs, and suggested benchmarking against other towns that have done similar projects. Nadeau said more work was needed first; a member replied that they should wait and make sure they get the right report.

20. 37:47
    Road commissioner's report

    Calvin (?) reported ditching on Beaverwoods Road, winter sand hauling put off a week because rain would have meant hauling liquid sand, driveway aprons paved and paving finished that day. The asphalt plant could close any day without notice, shoulder work on two roads was still outstanding and waiting on the contractor, and ditching would continue until frost or snow stops it. Winter hours start Friday, about a week later than usual.

21. 37:47
    New plow truck delayed at the border

    Calvin drove over for a straight answer on the Wheeler and was told the bodies come from Canada and the country is closed, so the dealer has no answers. Another town whose truck arrived before Durham's, and has been there a month, was just told end of January. Durham will have to make repairs to its existing truck to get through the winter.

22. 37:47
    Stream crossing applications

    Both stream crossing applications were submitted, with answers expected around mid-February based on last year. Calvin recalled the amounts having risen to 125,000 from 95,000, which he read as recognition that the earlier allotment was not enough to get the crossings done.

23. 37:47
    Rapid COVID testing for plow drivers

    Calvin had been trying to line up rapid testing so a quarantine would not take his whole crew off the road at once. Concentra never answered; Walgreens (?) said to book online, usually same day, with results within an hour, and he would ask whether drivers could be sent over without an appointment. Freeport (?) told him rapid testing was probably the only answer for a town Durham's size, since Freeport splits its crew but Durham has no transfer station, sewer or water department to draw extra drivers from.

24. 43:40
    Distancing at the public works building

    Members raised the upstairs bunk space and the crew gathering on breaks. Calvin (?) said tables had already been moved out into the big garage and spread apart since last spring, and more tables were needed for more drivers. He agreed to stagger when trucks go out and come back so the whole crew is not in the same room at once.

25. 43:40
    Town administrator's report

    Ruth (?) said things had slowed since the election and the office was catching up on work the election had pushed aside, along with budget work. She would be on vacation Thursday and Friday, December 3 and 4, and the following Monday, December 7, returning in time for the December 8 meeting.

26. 48:51
    Assessor's section: abatement on Map 1 Lot 69

    The board went into assessor's section for a single item. The square footage of a home had been overstated, and the recommendation was an abatement of $417.15.

27. 48:51
    Consent agenda and upcoming meetings

    The board came out of assessor's section and took up a consent agenda of three items. Regular meetings were noted for Tuesday, December 8 and Tuesday, December 22, both at 6:30 p.m.

What was decided

• 11:23
  Do NOT vote on the earned paid leave policy at this meeting. The board agreed to hold it, send it to Jack for review, and pass along its questions about per diem versus part-time classification. No motion was made.tabled
• 11:23
  Put the Union Church Committee charter rewrite on the second December meeting for a vote, since not all members had read it. Agreed in discussion; no motion was made.tabled
• 32:44
  The written COVID operations matrix was NOT adopted. No motion was made on it. Members instead expressed agreement that the town administrator would check with the chair when town office operations need to change, with a board meeting called if they disagree or the matter is larger, and a county going red treated as a straightforward closure decision. The recording contains no vote and no plain statement of what became of the document.outcome unclear
• 32:44
  Approve the Durham Giving Tree policy as presented, under which donated cash first buys gifts for tags not taken, then grocery gift cards of up to $25 per family member, with the remainder going to the Durham Home Heating Fund. Moved by Kevin Nadeau, seconded by Rob Pontau. The roll call recorded four yes votes.passed
• 37:47
  Do NOT send the fire department RFP out as the chief had planned to do the next day. The board agreed more work was needed so the RFP asks for an evaluation of overall town fire and EMS needs rather than mainly equipment and the facility. Agreed in discussion; no motion was made.tabled
• 48:51
  Go into the assessor's section. Moved by Kevin Nadeau, seconded by Rob Pontau per the town's minutes. The roll call recorded four votes in favour.passed
• 48:51
  Grant an abatement of $417.15 on the property at Map 1 Lot 69, the square footage of the home having been overstated. Moved by Kevin Nadeau, seconded by Rob Pontau per the town's minutes. The roll call recorded four votes in favour.passed
• 48:51
  Come out of the assessor's section. Moved by Kevin Nadeau, seconded by Rob Pontau per the town's minutes. The roll call recorded four votes in favour.passed
• 48:51
  Approve the consent agenda as presented. Moved by Kevin Nadeau, seconded by Rob Pontau. The roll call recorded four votes in favour.passed
• 48:51
  Adjourn. Moved by Kevin Nadeau, seconded by Richard George. The roll call recorded four votes in favour and the chair declared the meeting adjourned.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 select_board_minutes_11-24-20.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 Giving Tree policy for 2021 as presentedcarried 4-0

  Moved by Kevin Nadeau, seconded by Rob Pontau

• the Select Board go into the Assessor’s Sectioncarried 4-0

  Moved by Kevin Nadeau, seconded by Rob Pontau

• grant an abatement of $417.15 for the property at Map 1 Lot 69carried 4-0

  Moved by Kevin Nadeau, seconded by Rob Pontau

• the Select Board come out of the Assessor’s Sectioncarried 4-0

  Moved by Kevin Nadeau, seconded by Rob Pontau

• Approve the Consent Agenda as presentedcarried 4-0

  Moved by Kevin Nadeau, seconded by Rob Pontau

• Adjourn at 7:23 p.mcarried 4-0

  Moved by Kevin Nadeau, seconded by Richard George

Worth knowing

• 0:30
  The town lost the junkyard appeal on a procedural point rather than on the merits: the code enforcement officer had cited the operator but not the landowner. He told the board the property is owned outright by the operator's mother, that the 300-by-300-foot plot the operator says he leases for a dollar a year appears nowhere in the registry and no lease has been produced, and that the junkyard has grown past that area. He plans to cite the landowner for an illegal junkyard and require a fresh application once it is cleaned up.
• 22:17
  The COVID operations document produced the sharpest disagreement of the night. One participant said cases and deaths had risen enough to warrant taking it seriously and that the town looks like a hypocrite making rules it does not follow, including on masks; others said a county colour rating is an arbitrary line and refused to hand the decision to a one-page matrix. Nothing was adopted.
• 32:44
  Durham is running its own Giving Tree this year, and as of this meeting only one application from a family in need had come in. Applications were posted at the school and a local store and announced through local churches. Donated money goes first to gifts for tags nobody took, then to grocery gift cards of up to $25 per family member, and anything remaining to the Durham Home Heating Fund.
• 37:47
  The town's new plow truck is stuck because the bodies are built in Canada and the border is closed. Another town, whose truck went in before Durham's and has sat for a month, was told end of January. Durham will repair its existing truck for the winter, and the road commissioner is separately trying to arrange rapid testing so a quarantine does not take the whole plow crew off the road at once.

Elsewhere

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