Select Board Meeting ~ August 9, 2022

2022-08-09 · Select Board · 57:39 · watch on YouTube →

A short Select Board meeting; the board noted at the end that it had finished in under an hour. Planning Board chair John Talbot gave an update on two applications before his board and on four ordinance changes being prepared for the April town meeting. Devin Garneau gave the first of what became a running IT report, covering the work needed before Comcast can install new phones and internet at the town office, fire station and public works, and recommending a three-year replacement cycle for town computers. Two liquor-related applications took up most of the discussion: a BYOB permit for a Maplewood Lane wedding, on which Todd Beaulieu recused himself, and a catering permit for a Bowie Hill Road property that also has a non-conforming use application pending before the Planning Board. The board then sat as the board of assessors to take up three abatements, and closed with announcements about the special town meeting on August 16 and the state's new property tax stabilization programme.

What was discussed

1. 0:30
   Call to order and agenda amendment

   The chair called the meeting to order on August 9, 2022 and the board took the pledge of allegiance. The agenda was amended to add an IT report from Devin Garneau under reports; the fire chief and road commissioner were not present.

2. 0:30
   Planning Board update: Deer Creek Crossing

   John Talbot reported that the Deer Creek Crossing application, a 13-lot cluster subdivision on Route 9 past the school, is still in the preliminary plan phase with the public hearing held. He expected the paperwork to be complete for a decision at the next meeting; a no ends the project, a yes lets the applicant move to final plans.

3. 0:30
   Planning Board update: Celebration Farms

   Celebration Farms, a Christmas tree farm on Bowie Hill Road, has applied for a non-conforming use to hold educational classes and arts and crafts, to rent a bus on the property for camping, and to use the barn for weddings and special events. The applicants presented and were asked to come back in September, then asked to be continued to the first Wednesday in October instead.

4. 0:30
   Public hearing on Celebration Farms not required but voted

   Talbot said a public hearing is not required by the Planning Board's rules for this application, but the board voted to hold one in the interest of transparency and to let people who are not affiliated with the project have their say.

5. 0:30
   Four ordinance changes in preparation

   The historical commission is working on an ordinance about its own future and organisation, and the conservation commission on the resource protection maps, with public input planned before the Planning Board holds the formal hearing. The Planning Board itself has taken on two: the state's new law allowing additional dwelling units by right, and how the town accepts a private road as a public road.

6. 6:25
   Additional dwelling units by right

   The town planner, whose name the recording renders several different ways, is working with MMA and the town attorney on how much the state law requires the town to allow. Talbot said the reading is that an empty lot would carry a by-right entitlement to a duplex, with the health and safety requirements (perc test, well) still applying, and that the marked-up ordinance will be gone over in September.

7. 6:25
   Accepting a private road as a public road

   At the Select Board's request, the Planning Board's intent is to recommend that only a town meeting can accept a private road as a public road, with neither the Planning Board nor the Select Board holding that authority.

8. 6:25
   Timetable for the four ordinances

   The plan is public input workshops in the autumn, public hearings in late January or early February, and finished wording to the Select Board by the end of February. Talbot noted the 60-day deadline applies only to secret ballot referendum questions, and that for an open town meeting roughly 30 days should be enough, but that he wants time for residents' points raised at hearings to be worked in.

9. 6:25
   Question on the Celebration Farm catering permit

   A board member asked Talbot whether the catering permit on that night's agenda for a September event at the same property raised any red flags. Talbot said it did a little, since one of the things the applicants have asked for is permission to use the barn, and that the permit is for a bar trailer behind the main barn for a wedding with 110 people attending.

10. 12:19
    Talbot's clarification on the trailer

    Talbot said the application does not say the event is in the barn, only that the trailer is parked behind it, and that a tent would be a grey area. He said the permit is about the liquor licence for the trailer to be on the property and serve alcohol, on which the town has no voice.

11. 12:19
    IT report: work needed before Comcast can install

    Devin Garneau listed the upgrades needed at the town office, the fire station and public works before Comcast can install new phones and internet. He has a quote for the town office building only; other contractors have not responded because they are busy with other clients.

12. 12:19
    Network equipment needed

    The town office needs a new power-over-ethernet switch so phones can run on a single cable and computers can plug through the phone, and a five-port switch for the front desk because there are more devices than ports. The fire station needs a considerable amount of new line run; public works is a straight swap of old for new.

13. 12:19
    Town email accounts

    Garneau is still moving town staff and board and committee members onto town email, and sent a message the previous week to see who is actually checking it. He removed a couple of mailboxes that are no longer needed, saving eight dollars a month, and plans to run a session at the town office to teach people how to use the system.

14. 12:19
    Workstation replacement recommended

    Garneau said several town employees have told him they are frustrated by how slow their computers run, on top of slow internet. He recommended a regular three-year replacement cycle for security and reliability, on machines that are on all day and used for mission-critical work.

15. 18:00
    Age of the town's computers

    The oldest machines are five years old, with a couple three years old; a few were replaced around the time of the email hack. Members suggested computers be added to the capital improvement plan list even though they may fall below the $10,000 lower limit, and that replacements be staggered so the town does not face replacing everything at once again.

16. 18:00
    Direction to package the IT proposal for the new manager

    The chair asked Garneau to keep collecting data and quotes and then frame up a document setting out the problems, the proposal and the cost so the incoming town manager can pick it up. How many machines to buy was described as a decision for the manager and staff level.

17. 18:00
    Leasing computers

    A member asked whether leasing was an option, noting L.L. Bean runs a three-year leased cycle. Garneau said buying at least leaves the town with spare machines, and that leases usually carry a response time commitment; he said he would look into it.

18. 18:00
    Town manager's report: MMA dividend and insurance return

    In Mitch Berkowitz's absence the chair gave the report. The town received its Maine Municipal Association workers' compensation dividend, described as one of the lower ones in recent years because of claims (the figure itself is garbled in the recording) and an insurance return for fire truck repairs of about fourteen thousand dollars after a thousand dollar deductible.

19. 23:20
    Auditor's report for fiscal 21

    The auditor's report for fiscal 2021 was before the board, with no significant red flags.

20. 23:20
    Town manager transition

    Mitch Berkowitz was away on family matters in New York and will be back at the next meeting, at which the new town manager, referred to as Jerry, is officially on board. Berkowitz has agreed to help with the transition, with getting the new manager ready for budget season named as the priority.

21. 23:20
    Special town meeting arrangements

    The special town meeting is set for the Eureka Center with Bill Schneider as moderator. The town clerk and Garneau bought a new camera and were testing it the following day; the stated priority is a recording that can be posted on the website, with a live YouTube broadcast a bonus.

22. 23:20
    Budget Committee action on the warrant articles

    The Budget Committee unanimously approved all four warrant article questions after what was described as lively discussion. One member relayed that part of that discussion was about how many computers the town would end up buying, and that someone had argued five-year-old computers are not old; the figures quoted here are garbled in the recording.

23. 28:33
    BYOB application, 58 Maplewood Lane

    The board took up a BYOB application for an October 15 wedding at 58 Maplewood Lane. Todd Beaulieu, whose business is involved, recused himself; a member asked whether the business had been through the Planning Board and was told the conditional use permits are already in place.

24. 28:33
    Catering permit, 125 Bowie Hill Road

    The board then took up a catering permit for a September 17 event at 125 Bowie Hill Road, where the caterer supplies the liquor and parks a bar trailer on the premises. Members worked through the difference between this and a BYOB permit, settling on the description that the applicants have hired a bartender, which carries a liability consideration.

25. 28:33
    Is the Bowie Hill Road event private or commercial

    Members asked whether the event is a family occasion or the property being rented out for a fee, and whether renting it out would trigger the need for a conditional use permit and Planning Board review. Nobody present could answer, and the property owners were not at the meeting.

26. 33:50
    Whether to hold the permit over

    Members discussed calling the number on the application, but it is the caterer's number rather than the owner's. Holding the application to the August 23 meeting would still leave three weeks before the event, which was thought enough time to get the state licence, but one member would be absent and the option of withdrawing or denying the motion was raised.

27. 39:15
    Code enforcement as the first gatekeeper

    Members agreed the code enforcement officer is the first point at which a commercial use gets identified and handed off to the Planning Board for a conditional use permit. The point was made that a single private function has the same neighbour impact as one at any other address, and that it is repeated events that the conditional use process exists for.

28. 39:15
    What the application actually covers

    Reading the diagram on the back of the form, members established that the application places the liquor trailer behind the barn, with a stanchioned or fenced outdoor area where alcohol will be allowed that includes the barn. Parking at the property was raised as a concern.

29. 39:15
    A local form to go with the state application

    Members said they would like a town form to accompany the state application, carrying the property address, the property owner's contact details and whether the use has been through the Planning Board, so the same questions do not have to be asked from scratch each time.

30. 44:24
    Asking applicants to attend

    Members asked that the town clerk encourage applicants to appear when their application is on the agenda so questions can be answered, noting that none of the recent applicants have attended.

31. 44:24
    Board sits as assessors

    The chair explained that selectmen are also elected as the board of assessors and as overseers of the poor, and that abatements require a separate assessors' session. Abatements typically arise from a mistake or oversight in the recording of property or the assessment of taxes, often found when an owner questions an assessment.

32. 44:24
    Abatement: Goulet tiny home

    An abatement was requested for Yvonne and Brenda Goulet for the value of a tiny home assessed as personal property, where the property is owned by and was assessed to Annette Sainz (?) but the bill went out under Goulet in error. Members established it was a record-keeping error rather than a sale.

33. 44:24
    Abatement: Wonder homestead exemption

    An abatement of $414 was requested for Arthur and Elizabeth Wonder for a homestead exemption that was not applied to their property record this year in error.

34. 49:40
    Abatement and supplement: Turcotte and Staples

    The assessing agent Donna (?) asked for an abatement to Jason and Jessica Turcotte of $2,552.31 for the value of a new home and improvements that should have been assessed with land split this year, an abatement to Christopher Staples of $972.90, and a supplemental assessment to Staples of $3,504.51. Members worked the arithmetic and found the figures about $20 apart, which they attributed to a possible rounding difference in how the assessed values were derived.

35. 49:40
    Consent agenda

    The consent agenda contained the minutes and the warrant.

36. 49:40
    Upcoming meetings

    The special town meeting is August 16 at the Eureka Center, and the next regular Select Board meeting is August 23 at the town office at 6:30. The start time of the special town meeting was later corrected on the record to 6 p.m.

37. 49:40
    Absentee ballot applications

    The town clerk asked that residents be told applications for absentee ballots for the November election (the applications, not the ballots) are now available at the town office and electronically through the state election website rather than the Durham site.

38. 49:40
    Property tax stabilization programme

    The town is accepting applications for Maine's new property tax stabilization programme, open to those 65 and over who meet requirements similar to the homestead exemption. It fixes the property tax at the prior year's amount for as long as the owner keeps qualifying, with the state reimbursing the town, and the application has to be filed every year.

39. 55:03
    Time limits at town meeting

    Members discussed whether to impose a three-minute limit at the microphone at town meeting, noting the town has never done so. One member said the last town meeting made the case for it, with the same people coming back to the microphone repeatedly.

40. 55:03
    Closing out of assessors' session and adjournment

    The board realised it had approved the consent agenda while still in assessors' session, moved back into regular session, and then added the assessors' session to the consent agenda by unanimous consent before adjourning.

What was decided

• 18:00
  Devin Garneau is to keep gathering quotes and data and package the IT needs (problems, proposal and cost) for the incoming town manager to take forward. Agreed in discussion; no vote was taken.outcome unclear
• 28:33
  Approve the BYOB application for 58 Maplewood Lane for an event on October 15, moved by Joe Tomm and seconded by Josh Klein-Golden. Todd Beaulieu recused himself; the town's minutes record the motion carried 4-0-1, which matches the chair's statement on the recording that Todd was recused and it was four in favour.passed
• 28:33
  Approve the catering application for 125 Bowie Hill Road for an event on September 17. A motion was made and seconded and there was long discussion, but the recording does not capture the vote or any statement of the result, and the town's minutes do not record this motion.outcome unclear
• 39:15
  The town will follow up with the Bowie Hill Road property owners, through the code enforcement officer, to make clear that renting the property out for events requires the conditional use permit process before any further application. Agreed in discussion; no vote was taken.outcome unclear
• 39:15
  A local form is to be developed to accompany state liquor and catering applications, carrying the property address, the owner's contact details and whether the use has been through the Planning Board. Raised and agreed in discussion; no vote was taken.outcome unclear
• 44:24
  Move that the board go into assessors' session. The chair moved it and immediately afterwards announced that the board was now sitting as the board of assessors.passed
• 44:24
  Grant the abatement to Yvonne and Brenda Goulet for the value of a tiny home assessed as personal property, the property having been owned by and assessed to another owner with the bill issued under Goulet in error. The chair stated the vote as 5-0.passed
• 44:24
  Grant an abatement of $414 to Arthur and Elizabeth Wonder for a homestead exemption not applied to their property record in error, moved by Richard George and seconded by Joe Tomm. The chair stated the vote as 5-0.passed
• 49:40
  Approve the abatements and supplement in the Turcotte and Staples matter (an abatement of $2,552.31 to Jason and Jessica Turcotte, an abatement of $972.90 to Christopher Staples and a supplemental assessment of $3,504.51 to Staples) moved by Richard George and seconded by Josh Klein-Golden. The recording does not carry the result; the town's minutes record it carried 5-0.passed
• 49:40
  Approve the consent agenda, containing the minutes and the warrant, as presented, moved by Josh Klein-Golden and seconded by Todd Beaulieu. The chair called for the vote but the recording does not carry a result, and the town's minutes do not record this motion.outcome unclear
• 55:03
  Move out of assessors' session and back into regular Select Board session, and add the fact of the assessors' session to the consent agenda by unanimous consent. The chair asked for objections and none was raised; no result was stated for the motion itself.outcome unclear
• 55:03
  Adjourn, moved by Richard George and seconded by Joe Tomm. The chair declared the meeting adjourned; the town's minutes record it 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 sbminutes080922.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.

• Motion not recorded in wordscarried 4-0-1

  Moved by Joe Tomm, seconded by Josh Klein-Golden

• Motion not recorded in wordscarried 5-0

  Moved by Richard George, seconded by Joe Tomm

• approve the abatements and supplementscarried 5-0

  Moved by Richard George, seconded by Josh Klein-Golden

• adjourncarried 5-0

  Moved by Richard George, seconded by Joe Tomm

Worth knowing

• 6:25
  The catering permit before the board that night was for a bar trailer behind the barn at a Bowie Hill Road property for a wedding of 110 people. The same property has an application pending before the Planning Board for non-conforming use of the barn for weddings and special events, which is what made members hesitate.
• 18:00
  The town's computers are five years old at the oldest, and the IT contractor recommended moving to a three-year replacement cycle. A week before the special town meeting on the IT article, the board could not say how many machines the money would buy.
• 49:40
  The Turcotte and Staples abatement figures did not tie out: the two abatements and the supplemental assessment were about $20 apart, which the board attributed to a possible rounding difference in the assessed values rather than resolving it.
• 49:40
  Applications are open for Maine's new property tax stabilization programme, for residents 65 and over who meet requirements similar to the homestead exemption. It holds the tax at the prior year's amount, the state reimburses the town, and the application has to be renewed every year.

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 12 decisions summarised.

Elsewhere

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