TranscriptSelect Board Meeting ~ March 1, 2016

Thank you. Uh we'll call this meeting to order. Um we do have a quorum. All five selectmen are here. Uh first up on our agenda is the consent agenda. Just it's a uh bottle club registration for the ambassets. presented. Second. Any discussion? All in favor?

Motion carries. Next up, act on the draft of the town warrant. Um article by article to make sure everything is uh correct. Um, and separately or do we want to kind of make changes and vote on everything at the end? I would go with the second option.

Yeah, I was kind of thinking make it make it simpler. Yeah, I agree. Okay. Article one to choose a moderator to presside at said meeting. I believe that's pretty straightforward. Do we have one? Yes, we do actually. Okay. Um, article two, to elect all uh I believe it's going to be Gary.

Okay. Gary's gonna do it. Okay. Really? Yeah. Article two, to elect all municipal officers, school committee members, and budget committee members as are required to be elected. Um, same. And it's actually mentioned up in the greetings that article uh one is by secret ballot. Oh, no. secret ballot on article two and three which would be uh the the the ballot election

Friday night. Yeah. Or Friday all day. Yeah. Right. Article three to vote on the following referendum question. The wording of this comes directly from the state and it was suggested by our attorney that we include the financial statement in this because it does mention or otherwise pledge the credit of the town of Durham in an amount not to exceed 50,000 for this purpose. Although we probably will not be bonding because we can just do it on a commitment but it because of the wording um it was suggested that we have the financial statement on this

vote to adopt the main moderator's manual rule of procedure sixth edition as the rules for the order of this meeting. Another procedural um article five to see if the town will vote that all warrant articles over 40,000 be voted on by written ballot. This shall not include items such as contracts and bonds into which the town has previously entered into good faith. Um this was a question that was requested by the committee that um looked at uh

the alternative warrant committee. Yep. The alternative warrant committee. uh they uh requested that we put this article on here for this year. Um article six to see if the town will vote to appropriate 195,587 from undesated funds to correct a clerical error for the budget year 2015. And there's a note there that explains it.

the town will vote to to raise and appropriate and/or appropriate for administration expenses and the numbers are down there. Um I don't have a calculator to check them but um you said you have I've been checking them and checking them once and checking them twice but

you want to change or discuss let me know. Article eight to see what sum of money the town will vote to raise and or appropriate for animal control and the numbers there. Article nine to see what sum of t money the town will vote to raise and or appropriate for assessing.

town will vote to raise and or appropriate for cemeteries. town will vote to raise and or appropriate for conservation. town will vote to raise and or appropriate for social and community service agencies. that we recommended, right? That's the only one I have a question. Yeah. Okay. to see what sum of money the town will vote to raise and or appropriate for the Eureka Community Center.

town will vote to raise andor appropriate from the Eureka Community Center fundraising fund to reimburse the emergency fund which was utilized to repair the sinkhole at the Eureka Center. town will vote to raise and or appropriate for term fire and rescue operating budget.

town will vote to raise andor appropriate for the for fire and rescue capital improvement account. town will vote to raise and or appropriate for the fire and rescue capital improvement projects. want the numbers? Yeah. Okay.

It was just printed out a little bit ago. Yeah. This one. Okay. Article 18. town will vote to raise and or appropriate for the annual loan payment for the fire station payment five of five refinance and article 19 to see what someone in the town will vote to raise and or appropriate for the annual bond payment for the Quint ladder fire truck payment 306.

Is it 306 or two? This one is three because we paid the first we paid like 40,000 the first year. Okay. And then and then we paid last year the 3043. Article 20 and to see if the town of Durham will vote one to approve the purchase of a fire truck the project with a total anticipated cost of up to 474,000 and two appropriate an amount $474,000 for the project and to fund the appropriation authorized the treasurer and chairman of the board of selectmen to issue general obligation bonds of the town of Durham. including temporary notes in anticipation of the sale thereof in an aggregate principal amount not to exceed $474,000. And four, to delegate the treasurer and chairman of the board of selectmen the discretion to fix the dates, maturities, interest rates, denominations, places of payment, form and other said other detail of said general obligation bonds, including execution and delivery of said

general obligation bonds, and to provide for the sale thereof, as well as the negotiation and execution of any loan agreement necessary with any party. and our financial statement um uh pre uh follows. Um on this one, this

is the only one with any difference between the selectman and the budget committee. Selectment put forth no recommendation. Budget committee recommended. Um I will ask specifically is there any dis is there any thought from the board to change or to to look to change what we have here? Um, for me

with some of the added information that we got the other night at one of the at the last meeting when we was talking about the budget and um the savings that we'd have if we do it now as opposed to pushing it out another whole year which could amount to extra 20,000 or more. Um, and since the payment wouldn't be due till after the payment of for the fire station is finished and it could be possibly 17 maybe 18 depending on how the finance is done. Bill that the first payment of this would be due.

Yeah, it the safe thing is to figure that it' be 17 depending on how the everything's structured. It could be 18 but would rather off market right. I mean, it could it would it wouldn't be till after that's paid for. So, it's not going to be an added to what we're already paying thing. So, and with with some of that information and more discussion about it, I guess at this point, I I wouldn't have any problems recommending my 1/5 recommended that we recommend that this go forward.

I stay the same. No, no recommendation. Do you um do you want to make a motion that Yes. I'm sorry. That is a motion. I make a motion that we recommend that it goes forward. Is there a second? I'll second discussion. And you've already

pretty much that's you know that was my thought process. I I kind of compared that to that information to the information we got we was using with our town trucks and when we first originally paid for them, bought them and then two years later the difference for the identical uh truck basically but two

years newer how much more the cost is. So that's kind of what I based it on. Any other discussion on this? All in favor of uh recommending the uh purchase of of the fire truck. Opposed. Motion does carry. the town will vote to raise and or appropriate for general assistance. And

um yes, excuse me, chair. Um do I simply put Selectmen recommend or second selectman vote three to two in favor or how do you want that to read? Yeah, Jeeoff, how do you want that to read? I I would probably put it in there that selectman recommend three to two vote. That's how I

it would as far as for the uh what would go on the uh on the warrant. It would basically go to selectman and budget committee recommend. Okay. Um, as far as for your minutes, you you would put you put three to two three to two, but nowhere else do we say what the what the vote was.

Okay. Thank you. That can be discussed at that meeting. Oh, I'm sure it will. that was article 21, right? Uh, we did article 21. Yes, I read that. Article 22 to see what sum of money the town will vote to raise and or appropriate for parks and recreation.

town will vote to raise and or appropriate for planning board appeals and historic district commission. vote town will vote to raise and or appropriate for public works. town will vote to approp why this one was didn't have the raise. Okay, to see what sum of money the town will vote to appropriate for the public works capital reserve fund. Um, and these were the monies that were received from FEMA. Article 26 to see what sum of money the town will vote to raise and or appropriate for the public works bond annual bond payment two of 10.

town will vote to raise and or appropriate for the public. Sorry, can we back up? Yes. Because on article 24 the segment and budget committee recommend 1,555,439 from designated and raising 5324. Those numbers don't add up.

and 5324 does not equal 1,55,000. uh it looks like the the raise amount wasn't changed to reflect um the two bond payments that were originally on. Um so I can go grab my uh book if if we need to to make sure we calculate it correctly. Unless you have

05. That should be Sorry to slow down this. No, no, no. No, no. I We want I I want you. Yeah, absolutely. That's why we're 77. to subtract the two um bond payments out and see if I come up. It is or it's going to be really close.

Yeah, it's two uh comes up to six. What was that again? 267680. It should be raised. Okay. Yeah. 287. So yes, it does. Yeah. If I subtract those out, it does equal the ones uh 1,ion55439. So let's only raise it once. Yes. So that's 267.

Thank you, sir. Yep. 68 680. 680. Yep. 2 Say again. 267 680. 267 680. I make a motion that we uh change the raise amount to 267 680. Second. All in favor? Motion carries. Thank you for catching that. works building bond payment 2 of 10.

Two of 15. Two of 15. Yes, it is. That's what I was just noticing. Yeah. I move that we uh change the that to payment of two of 15 on 27 on article 27. Okay. Yeah. All right. I had a question mark there. So that's we're in.

Okay. Who's going to second that? Second. Second. All in favor? Motion carries. see what sum of money the town will vote to raise and or appropriate for the purchase of a new truck and snowplow package. to one approve a road construction and paving project include including all engineering and associated costs therewith the project with a total anticipated costs of up to one,000

and to appropriate an amount of $1,100,000 for the project and to fund the appropriation authorize the treasurer and the chairman of the board of selectment to issue general obligation bonds of the town of Durham, including temporary notes in anticipation of the sale thereof in an aggregate principal amount not to exceed $1,100,000 and to for and for to delegate to the treasurer and the chairman of the board of selectmen the discretion to fix the dates, maturities, interest rates, denominations, places of payment, form, and other detail of said general obligation bonds, including execution and delivery of said general obligation bond. bonds and to provide for the sale thereof as well as the negotiation and execution of any loan agreement necessary with any party also following the financial statement.

town will vote to raise and or appropriate for solid waste. the town will vote to raise and or appropriate for telecommunications. to increase the maximum property tax levy limit established by state law in the event the admission municipal budget approved at this town meeting results in a tax commitment in excess of the maximum property tax levy otherwise allowable. This requires a written ballot and it mentions the levy limit as well.

the town of Durham ordinances to one repeal the 2005 land use ordinance amended by town meetings 20067894. by town meeting in 2007 and 2008, the backlot development ordinance enacted in um June of two of 1988 and amend by town

meeting in 2000 amended by town meeting in 2014 the groundwater protection ordinance enacted in March of 1988 and to Two, adopt the land use ordinance which incorporates provisions for subdivision backlock development and groundwater protection as proposed.

And this is proposed by the planning board of the town of Durham. And there was a public hearing on this as well. Yes, there were two public hearings. That's what I thought. So, and the true true copy of the text will be available. Article 34. Shall an ordinance to amend the town of Durham ordinances to one repeal the historic district ordinance enacted by town meeting 2005 and two adopt the historic district ordinance as proposed. And this is proposed by the historic district commission.

the uh hearings as well? Okay. Article 35 to see if the town will vote to recommend holding a secret ballot referendum election in accordance with title 30A and title 21A to be held after town meeting 2017 to approve all warrant articles in excess of $50,000. This referendum shall not include any items such as contracts and bonds into which the town has previously entered into good faith. Nor shall it include any initial votes to approve bonds.

Is that supposed to be 40,000? I believe that was I believe the amount was 50, wasn't it? And 40 it was 40 for it was 40 for the other article. It was 40 for this year for this year. town meeting, but I think it was 50 for

I thought it was 40 all the time. That's the way I don't know. Terry Terry didn't have Terry didn't have an issue with the uh cuz Terry came to us after one of our meetings and Okay. I I remember talking about it. That's why I was just want to be sure.

Um note this is an advisory vote and is not binding on the selectman because we don't have a charter. Also note that the next three three articles are dependent upon this. Doesn't article five kind of supersede that? I mean,

well, that's for this year. That's only this year. That's that's for this town meeting, right? Because they wanted something in place for this town meeting. The other one kind of is for the question that I had on the on the language of 35 and

36 is it appears to only deal with 2017. Are they contemplating this as the the new process moving forward? This seems to only authorize it for one year. This is only authorizing it for one year. So if if it was to continue, we'd have to redo it next year. I don't know if the purpose

think that's what it was or and next year we'd come back with a more permanent vote or or whether this would be something that would pop up every year. I don't know what the intention I think it's more something would pop up every year.

Was that the intention of the comm warrant committee? I mean, I don't know. We we had the option to make changes to what they recommended, but um I don't know if that was right. I just was trying to get a sense of of what the intent was because clearly it's just

I was thinking it was they wanted to see how this goes. They had information from other towns, but being that demographics is different than Durham, it may there may be some changes. I guess unfortunately we actually won't know at the town meeting next

no next year how it went because we're going to be in the middle of the process. So town meeting this year they can explain this and or they choose to change it. They can change it and make the motion on the floor, can't they? Um I'm not sure how you if you can amend the wording of articles like that. You can amend amounts if you say if you say to see what sum but when you put the wording on an article um I'm not sure you can actually change the wording of that article. I

new so article proposed. You could Yeah. Well, I don't even know that you could I don't even know you could propose a new article. The the only things I can think of that you could put into this that would make it so you you could um make it amendable is

um say to see what to to see if the town will vote to hold a a secret ballot referendum. uh blahy blah blah to be held after town meeting after town meeting of which and and of what years or something like that. So, so you give a chance to that somebody can say say I suggest 2017 and 18 or all years following and then

so you think the only thing that's amendable on town floor is the timing is the number of years but and that's only if we if we uh change the wording of this article because the way the article is written it's hard the number that and the 50,000 are hard written into this. I would I I would change that and to to if anybody wants to speak up they can and if not then

so those are the only two things I could see in excess of um so you want to just cross out the 2017 well um tell me no I'm trying to make it so it's amendable but I got to to see if the town will vote to recommend but I'm trying to think of because on the other ones to make it so you can amend it and and change things. It says to see what sum of money. Um,

to approve all warrant articles in excess of what sum of money and then then you would then you would include that in your motion that so you want to leave that blank the the in excess of and then just leave that as a blank number.

Yes. And down below, I would say the uh something like the warrant uh the alternative warrant committee recommends $50,000 and um and maybe do a blank under the 2017 as well. Um I would check with MMA on how to do this to make sure we do it right.

Yeah, they might say 2017 through and leave that blank. I don't know. Yeah. So um and then that's the only way that you can actually manipulate the wording of a Yep. article to um make the year and the amount uh the warrant article amount um be

can. and that way uh you can communicate with whoever to make sure we get the wording right. I'll second that. Any discussion? All in favor? to see if the town will vote to move town meeting to the third Saturday in March 2017 to accommodate the referendum vote. And I think I would uh do the same

on this. I'll make a motion that we do the same on this R. Right. Second. All in favor? Motion carries. Do I need to stop for you to catch up for you also? Um so so you want to get rid of March 2017 basically? uh third s third third Saturday in March and blank for whatever whatever we can do to make that so it basically so it would match what we do in article 35

right about it right y okay article 37 to see if the town will vote to authorize the board of selectmen to spend an amount not to exceed an average of the past three accepted annual budget amounts for those budgets to be voted on by referendum referendum accepting public works until a budget is passed.

If I understand that that 35 is advisory and the actual structuring of that that the board of selectman has some discretion are 37 and 38 also advisory or are they binding? um they would be the way they're written they would be binding but they don't they don't say we have to spend that amount benefit

they don't but my concern is that if if we're going into if in planning a budget any department head planning a budget knowing that that there's going to be this this ballot and you're only you're going to be limited to the average of your previous two budgets which is generally in most instances budgets go up at least a little bit every year. So, if it's the average of your previous two years, it's going to be probably a little bit less than you had this year. It it does create some I wouldn't say incentive, but a reason to make sure you've got a little bit of extra in your budget so that the average number comes out enough to to cut to cover. I I just think it it creates an opportunity to or not even an opportunity but a people may end up having to sort of manipulate their budgets around to make sure that their expenses are covered because

so this is after the fact and they're having to deal with with the previous basically the previous year's budget number for six months of the year. It just it's a it's a funny well I mean I guess what it's doing is it's allowing us to basically continue the operation.

Um if if if they because we're only allowed to put a one number on the ballot and yes or no. So if it gets voted down their budget amount for that year will be last year's budget and it won't be last year's budget. it will be the average the previous two years. So, it's going to be even less than last year's. But, it's also creates an incentive to boost your budget a little bit so that you can cover until a budget is passed.

Yeah. I mean, so we we could go back, we could put it back out to referendum again. Um, right. But, but again, you're then you're 6 months into the year working with numbers that are less than your previous year's budget. And and I think that

$1,000 every time we vote on creates problems for department heads to try to figure out, you know, I spent X last year, now I can spend even less than that. And the cost of everything has gone up and but I see a lot of good intentions here.

If they I'm kind of guessing what I'm hearing is you're concerned that they take whatever they spent last year, what they need this year, but they're going to boost a little bit just to cover their butts. The the thing is

I mean there is certainly that potential or or they get caught you know in June and we don't have a budget yet and and they're right but if they cut short and that's a really hard thing to to have to try to to get through the remaining six months of the year when you're already

average of the past three years and even if you've had a 3% increase every 3 years you're still looking at a average of those. So you you've got to account for those smaller years. You're you're actually going to be working with if you got the actual numbers of what they spent those three years and then they come up with a budget compared to last year that looks out there more than it should. That's where us comes in and said I think we can cut that back. Yeah. So, so,

but I'm saying they may need to do that a little bit in order to but as far as doing that that we still have they still have to go through the budget process and for both from both the selectman and the budget committee uh looking at uh look looking at what they're asking for and for next year it's it's going to be on budgets that have already been created. So, absolutely. So I there's there's no I I don't think

I think that potentially ties the hands a little bit of of our department heads. I I do think I do agree that it ties the tie juggle figuring out how to make that that work. I guess that would give us incentive to try to get get things uh get something that can be passed. But um I I think that's what we've always tried to do. But we try to be pretty fair both ways. you kind of you can't be you can't be bare bones but you can't be they say in a savings account so you can't have too much extra in there I mean we try to stay pretty tight and I think the last two or three years three or four years that I've been there to the town meetings and and on this side it appears as though both entities the budget committee and the selectman have really tried to get that down where it's it makes sense and there isn't going to be a lot of why have you got an extra 30,000 in when you really don't need it

type of thing all right I just think because of the nature of our because we don't commit taxes till halfway through our budget year. I think that this could has the potential to to create a tough financial situation for the town if if we're working on an assumption of of less than the previous year's budget while we wait for the next budget to

get passed. That is the case though. I think that that could be something that can be brought up on these on town floor too. I mean, these are these are what basically was recommended to us by the by the committee and we've tried to we've tried to work with as much as we can to make these workable sending them to the lawyer and things like that, but this is this is what their recommendation was.

Absolutely. I just was trying to sort of get my brain on how the lawyer doesn't recommend any of this. just I realize that but but we he recommended some wording to make sure that um our bonds and things like that would would would would be uh valid,

right? somewhere in here I don't remember which article is it talks about being able to spend 412ths. Um that's that's for a regular Yes. Okay. So that you you couldn't do that. You couldn't use that into this pot. No, this is this is the total

right the total amount that they could spend. So if this goes past April, right, and so on, right? Really the only way to solve or one the the way to solve that is to change our our fiscal year and so that we are committing taxes for the upcoming so that they're on

right our fiscal year and have our town meeting occur before the fiscal year starts right okay so so I read 37 38 is very similar to see if The town will vote to authorize the board of select them to spend an amount not to exceed an average of the past two accepted public works budget amounts until a budget is passed and that's because we've only had two years worth. Article 39 to see if the town will vote to authorize the selectment after public hearing to seek, accept, and distribute grant funds from private, state, and federal agencies for the purpose so designated in each specific grant. Um, I'd like a opinion on this one at some point because do we actually have to hold a true public with it with the wording of this? Do we actually have to hold a true public hearing to accept these grants? Cuz uh we haven't

that would the language certainly suggest that we have a public. So we may need to look into that uh in the future how we how we accept grants that we actually hold a public hearing. to see what action the town will take in regard to fixing interest on delinquent taxes and establishing a date for interest to start. Taxes are to be due when committed. Interest shall start on all unpaid taxes 30 days from the date of commitment. The interest rate on delinquent taxes shall be 7% perom.

but I wasn't really sure how to change it because our commitment bills. We generally commit about two weeks before we send the tax bills. And the due date is actually 30 days from the date that we send the tax bills, not the date of the commitment. Interest shall start on all unpaid taxes 30 days from the date of um billing

mailing or bill invoicing from from the date of um or make it the print date of printing or make it 45 days from the date of commitment since to to we could do it that way catch those two weeks. Okay. 45. So I make was that a motion to do that? I would move that we change the interest to to start acrewing 45 days

from the date of commitment to accommodate the two weeks between commitment and mailing. Second, could you just um give me the last part of the sentence that to accommodate the two weeks between commitment and mailing of tax bills?

Okay. Thanks. Um it's been moved and seconded. Any discussion? All in favor? Motion carries. Article 41 to see if the town will vote to leave the appointments of standing committee members and minor officials in the hands of the board of selectmen. Article 42. to see if the town will vote to authorize a board of selectment to dispose of any town owned property which they deem is no longer needed or usable by the town or on such terms as they deem advisable. Um okay uh check the spelling on the word usable. I'm not sure that there's an e in there.

There is no in usable. I don't think so. There's the way I spell it. Well, at the end, but there's none in the middle. Uh, article 43 to see if the town will vote to authorize the board of selectmen on behalf of the town to sell and dispose of any real estate acquired by the town for non-payment of real estate taxes thereon. On such terms as they deem advisable, and to execute quit quit claim deeds thereon.

to set the interest rate to be paid by the town on abaded taxes at 3% pursuant to 36 MRSA. Paragraph 506, to authorize the tax collector or treasurer to accept prepayments of taxes not yet committed pursuant to 36 MRSA. Paragraph 506,

authorize the board of selectment to resolve any disputes with parties having an interest adverse to that of the town which do not involve the expenditure of public funds or where there are sufficient funds budgeted in budgeted accounts to allow payment of any claim which is to be settled.

to authorize the board of selectmen to spend an amount not to exceed 412ths of the budget amount in each category of the town of Durham annual budget during the period from January 1st, 2017 to the close of the annual town meeting and article 48 to see if the town will vote to authorize the treasurer and administrative assistant to borrow money on notes countersigned by at least three selectmen. to pay for the t operating costs of the town.

Yes. Basication. Um ask a question. I'm just curious on the turnaround time public hearing. I don't remember that saying public hearing before and I'm just curious what the um I believe it needs at least seven days notice. So

basically it have to come before your meeting you'd have to authorize a public hearing. So could it be like maybe yeah a month at the most I would I would think. I was only asking because some of the grants if they had a quick turnaround time they

I mean if you to even put in for them in the first if you know that they have a quick turnaround um most of them a month you you could always call and I think I can can the can the chair of the board of select call for a public for a public hearing within 10 days or does it have to be called by the whole board?

Can we take out the language of public hearing? Is that required? That's a good question, too, whether it's actually required. I don't recall that we had that that had been in the warrant in previous years. I don't recall it being that way. That's why I went out to see if I could find

statute to hold a public hearing on grants, then then that's the case. Let me look at that. Um if not be an issue. Most grants give you at least a month to accept or refuse. um, can we find out if that's required? And I will make a motion. If it is not required, I move that we remove the words after public hearing from article 39.

I'll second. Any discussion? All in favor? Motion carries. If it is required, then uh obviously we can't, but this part would be? I know we got to have the schools and stuff. Do we know what the percentage would be on this at this point? Um the it was like a we dropped it to around 15 right around reg around 15% I think or something like but I I we'd have to

yeah I'd have to take another look. I don't I don't think we we should have numbers by you finish printing your name bed then we don't need to sign only we only got three lines. that I'll move that we accept the the warrant as we've amended tonight.

Second. Any discussion? All in favor? Motion carries. All right. Next on the agenda, um, we missed a meeting last night. I'm sorry. I completely forgot about it and I would have reminded everybody last week at the meeting if I remembered there was a meeting with the uh selectman of Poundwell the selectman of Freeport and the RSU last night uh the RSU board and I completely forgot about it and

yeah it never made it onto my calendar. I've missed it. And so, um, I've I've asked, uh, Ruth to compose an apology letter to to the other boards for us missing it because it it did it did reflect poorly on us. I know. I thought it was like the one night in ages, one first Monday night I've been home.

I I I thought I thought when she mentioned it tonight, I thought that was the meeting you went to a couple weeks ago. It was well that was the uh that was the heads of the boards basically and then then we were calling this one to discuss it as full boards. Ah

right and I thought it was just the heads again and yeah I I completely forgot about it and uh and the uh there was a reminder that was not sent on to us. So, um, so I I I just wanted to put that out there and, uh, um, if you're if everyone's okay with it, I'd like to send an apology letter.

Y, that's fine. All right. Anything else tonight? I move to adjourn. Second. All in favor? Motion carries. Have a good evening. I know I saw Michelle's email, you totally missed that one. I thought it was that one you guys went to. It's not that we're on