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Select Board Meeting ~ June 13, 2017

2017-06-13 · Select Board · 1:40:29 · watch on YouTube →

The Select Board met on June 13, 2017 with four members present. Most of the first half hour went to a resident, Michelle Harrison, who told the board that a building permit already issued for 7 New Gloucester Road had been thrown into doubt when the acting code officer left her a voicemail suggesting the land division might be an illegal subdivision; she had stopped work, was losing money daily, and had not had an answer in two and a half weeks. Going through the deeds with her, members said they could not see where the lots fail to conform and promised her an answer by the end of the week, the officer being in hospital. The board then approved the consent agenda, revised and advertised the public information technology job description, set CEO interviews for June 20, accepted the Pine Tree Waste contract with the town attorney's changes, authorised signing the county PSAP contract and going ahead with BEK for IT services, and set a special town meeting for July 17. Fire Chief William St. Michel gave a long report covering apparatus planning, per diem staffing, NIMS compliance and the state's shutdown of the Warden's Report burn permit website, after which the board went into executive session.

Who was there. The town's written minutes record these people present: Mark Blake (Vice Chairman), Richard George (Selectman), Kevin Nadeau (Selectmen), Todd Beaulieu (Selectman), Ruth Glaeser (AA/TA), Jill Toher (Meetings Secretary), William St. Michel (Fire Chief/EMA Director). Names in this summary are checked against that list.

What was discussed

  1. 0:04
    Call to order

    Four selectmen were present and the board rose for the Pledge of Allegiance. Public comment was taken first.

  2. 0:04
    Public comment: a permit thrown into doubt

    Michelle Harrison, whom the town's minutes record as Todd Harrison, said she holds a building permit issued by Paul, the previous code officer, on a lot now known as 7 New Gloucester Road. On May 26 Calvin, acting in the codes role, left her a voicemail saying he was concerned the land division was an illegal subdivision. She has a couple of hundred thousand dollars in the property, has stopped the project at a daily cost, and had no substantive response two and a half weeks later.

  3. 0:04
    Other delays she reported

    Harrison set out a timeline: she asked for a septic inspection on April 18, followed up on April 20, and it was not done until May 26, with an excavator sitting on site the whole time. She said the officer has never been rude and she was not there to beat up on him, but that she was starting to feel there was a personal vendetta and had become concerned about the direction of the town.

  4. 5:11
    Finding or question?

    A member asked whether the officer had actually determined the division was illegal, which she would then be contesting, or had merely raised the question and not followed up. Harrison said it was the second. She holds a permit for one lot and has not applied for the second because the house design is not settled.

  5. 5:11
    Why the delay matters

    The house being built is a spec house that is already sold. Harrison said that if the division were found not to have been lawful and the lots reverted to one, the price to her buyers would rise beyond what they can afford. Members observed that with two lots and not three it should not fall within the town's subdivision rules at all, being a land division.

  6. 10:24
    The chain of title

    The original parcel of about eleven acres carried a farmhouse, sold off in 2001. On June 16, 2011 the 4.2 acre piece was created as a separate lot. The five year rule ran out in June 2016, after which the sellers, who had held it with that in mind, had the 4.2 acres split into two 2.1 acre lots at their own cost before selling, so Harrison bought two deeds in August 2016.

  7. 10:24
    Whether the lots conform

    The survey defining the two lots was done back in 2011 and shows each lot's road frontage. Both meet the town's two acre minimum and the 300 foot road frontage requirement, helped by its being a corner lot. Cumberland Title did the deed work, Harrison's lawyer reviewed it and both lots carry title insurance.

  8. 15:34
    Where the confusion came from

    Harrison said the officer had fixed on a deed dated September 7, 2012, which if it were the creating deed would put the five year mark at September 2017. She said that deed only removed one person's name after a couple separated and has nothing to do with the land, and that he had also become hung up on the word portion, which appears in every deed carved from a larger parcel. Members asked to see the deed and worked through the dates with her.

  9. 15:34
    The electrical permit

    Harrison said the officer inspected framing, electrical and plumbing on June 6 and all passed, but nothing was written up. As of 12:12 that day, June 13, he had still not called CMP with the work order so a meter could be set, despite her emailing him the work order number the previous afternoon within five minutes of his asking, which she said cost her another week. The call was understood to have been made that day.

  10. 20:48
    The board cannot ask him

    Members said they could not resolve it that night because the officer was in hospital and they would not see him until Thursday. Todd Beaulieu, asked directly whether the documents conform, said he could not see where they do not, that the officer clearly does not understand the 2012 deed, and that he should have called the town lawyer or someone. Members discussed forwarding the deeds to Jack for an opinion and confirmed the officer already has copies of the book and page references.

  11. 20:48
    What the board promised

    The board committed to getting Harrison an answer by Thursday, or Friday at the latest. Members noted that if the officer did formally deny the permit the matter would go to the board of appeals, but thought it would not come to that.

  12. 26:11
    What Harrison asked for

    Asked what remedy she wanted, Harrison said simply that the officer understand the deeds and send a letter acknowledging that he had reviewed them and could see how the split was done, and that future inspections be carried out in a timely way. She said she would not put her subcontractors back on until she heard, and that she should not have to wait five weeks for a septic inspection or a week for someone to call CMP.

  13. 26:11
    Consent agenda

    A member asked for items B and C to be pulled for discussion, and item A was approved on its own.

  14. 31:31
    Minutes correction: full-time road commissioner

    The minutes of the previous meeting did not record that the board had made Calvin the full-time road commissioner effective July 1. The motion had been made between the meeting's two executive sessions, in open session but after the recording secretary had gone home, so nothing was captured. Members reconstructed who moved and seconded it so the minutes could be amended, and noted for anyone watching that the change is funded by not hiring the secondary position, and that it is intended as a working commissioner role with more time in the field.

  15. 31:31
    Animal control reports

    A member noted the animal control officer's report described an incident in which someone was bitten and another in which neighbours' animals were fighting, both of which might rise to the level of law enforcement involvement. He asked that the new officer note in his reports whether he has referred a matter on, so the board knows the loop has been closed, particularly where someone has been bitten.

  16. 31:31
    Runaround Pond celebration

    A member suggested putting the flyer for the Runaround Pond celebration on the town's new website. The event runs 10 to 2 on the Thursday with a dedication at 11. One member volunteered to attend and another agreed to go along, with the remarks to be largely about the town's appreciation of its partnership with the Royal River Conservation Association; it is a member's birthday that day.

  17. 31:31
    Public information technology position

    Ruth Glaeser reported that Shannon Brown, who holds the public information technology position and has built most of the town's new website, is working her way out of it because she is far too busy. She will stay until a replacement is hired and trained, with an end date sought for late July. Reviewing the job description, members removed the requirement that the person supply their own computer, since a laptop goes with the position and leaves the building.

  18. 36:48
    Code enforcement officer interviews

    Four applications came in for the CEO position and Glaeser regarded all four candidates as qualified, so the board planned to interview all of them. Members agreed the whole board should sit through every interview rather than splitting them, and that Ann and Mindy from the planning board, Mindy being its chair, should be invited because they will have to work with whoever is appointed.

  19. 36:48
    Setting the interview date

    The board settled on June 20, the date already pencilled in for setting the tax commitment, starting at 5:30 p.m. with about half an hour between candidates. Members agreed to go ahead with the interviews that evening even if the commitment cannot be done, and to deal with the commitment in the first few minutes if the numbers arrive.

  20. 41:55
    Insert for the tax bill

    Glaeser raised putting an information insert in the tax bill at a cost of about $270, using an example from Gardiner, where she previously worked. Members liked that it spells out the percentages of the bill going to each purpose, since residents who ask at the window where their taxes go have often looked at the bill without noticing. Members did not want it to blame state government, preferring a plain breakdown of the town increase, the school increase and where the money goes.

  21. 41:55
    The tax commitment is stuck

    Glaeser explained the town cannot get its numbers until the legislature passes what it has to pass, which is due by the 21st or there will be a state government shutdown. Because Durham commits taxes so late each year it is running on fumes: there was enough for this month, but paying the school bill next month will be a problem without tax revenue. The RSU budget must also pass, since the town cannot commit without it.

  22. 47:10
    Borrowing and the tax club idea

    Asked whether the town would take a tax anticipation note, Glaeser said she thought Durham could probably get one if it really had to but would prefer not to. Members admired the tax club another town runs, in which residents pay in nine instalments, but agreed it would be very hard to do without moving to a fiscal year, noting people can and do pay whatever they want whenever they want as long as the whole bill is eventually paid.

  23. 47:10
    Pine Tree Waste contract

    The contract looked much like previous ones. Jack, the town attorney, added an indemnity clause and what Glaeser called an out clause, allowing the town to leave the contract at the end of the fiscal year if it does not appropriate the money. She had considered changing the June 30 date because Durham is not on a fiscal year, but since the contract itself runs on one it was left alone. Members noted Pine Tree Waste has not seen the amendment but will probably have met similar clauses before.

  24. 52:11
    PSAP contract and an unannounced increase

    The fire chief explained a PSAP is the public safety answering point that actually answers 911 calls before dispatch. He saw no issue with the contract and no realistic option not to sign, noting the town is already halfway through the contract period because the county times it so revenue lands in its next budget year. The rate went up 10 cents per capita, which comes to $384.80 for Durham, with no notification, and he had not budgeted for it.

  25. 52:11
    Asking the county for notice

    The chief asked that the signed contract go back with a letter explaining that Durham runs on a calendar budget year and needs notice of any increase by about November. He said 10 cents can be absorbed but 50 cents adds up quickly on a per capita basis. He noted Androscoggin's price is reasonable, that the town's dispatch and PSAP research last year pointed to Lisbon and the sheriff's department as the best deals, and that the rate had not risen in the three or four years since billing began.

  26. 52:11
    IT bids

    Glaeser opened the IT RFP and got two bids. CMC Technology (?) proposed an initial assessment plus a recurring charge of $1,200 a month, which she called not unreasonable but not what she was looking for. BEK (?) proposed $2,160 up front to go through all three sites, map the system, photograph and list the equipment and recommend a direction, plus hourly rates of $215 for emergency work at any hour and $135 for ordinary work.

  27. 57:36
    What the IT budget covers

    Glaeser said the present budget would leave roughly 20 hours of work for the rest of the year after the assessment, which she thought doable. Money is already budgeted for a new server on earlier advice, but nothing beyond that for acting on the assessment's recommendations, so implementation would be a matter for next year. Asked which fitted the town best, she said BEK, partly because it is closer, at the old station in Bath, and most firms charge mileage.

  28. 57:36
    Special town meeting warrant

    Glaeser had written a warrant for a special town meeting on the public works culvert project, which the recording renders as the Durham Auburn tunnel road culverts. She proposed Monday, July 17, giving a month to advertise, while noting she would not be there and Shannon would technically run it. Members said they could manage without her.

  29. 1:02:46
    Urgency and moderator

    Asked how urgent it is, Glaeser said the work cannot go out to bid until the money is appropriated and some of it would want doing this fall, so early August would be the outside limit. Joshua Klein-Golden, who is due to moderate next year's town meeting, was to be invited to moderate; members noted moderators can charge but that for a single question they would rather handle it in house. No public hearing was thought necessary since the article does not raise money, with a link on the town's new website used to explain it instead.

  30. 1:02:46
    Tax sale redeemed

    Glaeser reported that the property the town had advertised for tax sale has been redeemed by its previous owners, who had been foreclosed upon, so the tax sale is cancelled.

  31. 1:02:46
    Apparatus committee

    The apparatus committee met the previous night, having asked members to go away and think for a month, and revisited the engine. They had looked at a smaller engine ordered by another department, which cost more despite being smaller. The conclusion was that the engine is not the piece to look at for consolidation now, though it may come later, and that the department will sooner or later have to discuss a second rescue and where it would fit in the bays.

  32. 1:07:48
    Vendors to be invited

    The committee will invite an engine manufacturer's representative to its July 10 meeting and a rescue vendor to July 24, both at 7:00. Two salesmen from different companies live in Durham, so the chief expected proportionally biased views; the one he intends to invite has given the department information for years without ever selling it a truck.

  33. 1:07:48
    Rescue replacement and the diesel problem

    The rescue is slated for replacement in 2019 and build times are nearly as long as for fire apparatus. Most communities are moving to gasoline, which matters to Durham because everything it runs is diesel and it has on-site diesel storage. As the chief understands it, keeping diesel means either a retrofit on a commercial chassis, which he expects would leak and twist, or going to a much larger vehicle, which is part of why a vendor is being brought in.

  34. 1:13:07
    Job description and per diem staffing

    The department job description came back from the attorney with nothing needing changing, and now has to be merged into the department handbook before going on the website. Two people from outside the department had already applied by word of mouth, which the chief thought a useful filter since residents recommend people they think would be an asset. He would still put out a public notice so the opportunity is visible.

  35. 1:13:07
    How the stipend model is working

    The chief said the stipend system suits younger people who have just bought a house, whereas established people would rather have the sleep. One newly licensed person has been added with several more in the wings, and as they come on the gaps are closing: he counted at most two or three shifts with nobody signed up at all. One flaw in the system involving an individual was found and dealt with, where coverage existed but not from whoever had signed up for it.

  36. 1:13:07
    Training results

    Seven members passed basic fire officer and one completed fire officer I and II, which takes two weekends plus nine days living at the academy. One member passed firefighter I and II, one completed basic EMT with two or three more testing this time of year, and seven are enrolled in a basic pumps class on the 23rd to 25th. An aerial operators class specific to Durham's own aerial apparatus has been arranged in house through the Maine Fire Service Institute, replacing the previous practice of being trained by people from New Jersey. EMS week with grades five through eight went well.

  37. 1:18:18
    NIMS compliance explained

    The chief set out the four parts of the federal NIMS requirement. The first, adopting it locally, was done at town meeting long before he became EMA director, moved through by Debbie. The second is an emergency operations plan, prepared by the EMA director and his assistant, covering weather and other emergencies, held and updated by county EMA with a copy at the station.

  38. 1:18:18
    The meeting room as emergency operations centre

    The emergency operations plan designates the meeting room the town's emergency operations centre, which is why it has the projector, whiteboard, flip charts, a stored radio and a roof antenna. Generators at the school, part of which can be split off as a shelter under an easement placed on the deed, and at the community centre warming and cooling shelter came through homeland security funds under NIMS compliance.

  39. 1:18:18
    Credentialing of officials

    The third part is credentialing of personnel. Selectmen fall in the first line of the chart, senior local and county appointed and elected officials, requiring a two hour course. The chief had found the instructor notes and PowerPoint on FEMA's website and thought he might be able to deliver it himself rather than bringing county EMA in. The alternative, which he does not recommend, is a waiver on file saying the official will listen during an emergency but take no part in decision-making. The fourth part is credentialing of resources, reported annually to the county, which keeps a database typed to FEMA's definitions.

  40. 1:23:28
    What to put on the website about emergencies

    A member asked whether emergency information should go on the town website. The chief cautioned that a shelter is no use unless it is staffed and opened: the warming shelter was opened once during a day-long power outage and drew about three people, and he did not think more than six or eight families used the hall during the ice storm. He said Mainers in rural areas tend to be self-sufficient, and that the more useful content is how to prepare rather than where to go, with links to Homeland Security material as the old website had.

  41. 1:23:28
    Dam risk

    The chief said the dams on the Androscoggin are getting older and that flood inundation maps exist, with copies that should be at the town office. A dam failure would give the town about 30 minutes to react, unlike a flood which builds over days. Changes to Route 136 have substantially reduced the population at risk.

  42. 1:28:33
    The state shuts down Warden's Report

    The chief reported that the Warden's Report burn permit website had been shut down by the state. The operator emailed him on the Saturday and the state's letter arrived the same day, postmarked the Thursday before, which he took as disregard for the towns and residents using the system. He said the letter read as though the town had been engaged in criminal activity and that he was not pleased with it.

  43. 1:28:33
    What the site was worth to Durham

    Before Warden's Report the town paid for two hours of staffing at the station on Saturdays and Sundays, roughly $2,100 a year, to issue free paper permits. The town paid $75 a year for Warden's Report and issued 699 permits through it in 2016, which on the state's site at $7 each would have cost residents almost $4,700. The chief argued the service was as safe as the state's and affordable, and noted the site had served close to 400,000 people statewide over four or five years.

  44. 1:33:33
    The legal argument and the differences between the systems

    The chief said the state's letter asserts that delegation of authority occurs with paper permits, but that he had read the statute and found nothing specifying paper, so a town authorising Warden's Report is issuing the permits itself. He has written to both state representatives and understands others have written to the Maine fire chiefs so a consolidated effort can be made. The practical differences he noted are that the state permit is a two-day permit allowing burning only from 5:00 p.m. to 9:00 a.m., requires rechecking the class day on the second day, and that he can shut the state site down when he is short of personnel but could not do so on Warden's Report.

  45. 1:33:33
    Campfire permits

    Asked about small cooking fires, the chief said Durham has never required a permit for a campfire, following the previous ranger's practice: the exclusion turns on recreational use, so the fire cannot be a way of burning newspapers or scrap boards while the owner is indoors. He noted state law is vague on the size line between a campfire and a bonfire, the previous ranger's rule of thumb being what you would have at a rented campsite, and that he would check again with the current ranger.

  46. 1:38:39
    Whether to restore weekend station staffing

    The chief recommended waiting rather than immediately putting staff back at the station on Saturdays and Sundays to issue paper permits. He wanted to see whether Warden's Report returns and how per diem staffing develops, weekends being the hardest shifts to fill, and thought that in time a stipend-covered member might cover a two hour window. Members agreed, noting that when the state site was the only option the town did not issue anything like 700 permits, so the draw was that permits at the station are free rather than the convenience of the internet.

  47. 1:38:39
    Upcoming meetings and executive session

    Regular meetings were noted for Tuesday, June 27 at 6:00 p.m. and July 11 at 6:30 p.m. The board then moved into executive session and the recording ends.

What was decided

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_min_6.13.17.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.

Worth knowing

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: 7 passages of motion language, against 15 decisions summarised.

Show the 7 passages

Elsewhere

Source & method

Town of Durham meeting recordings, YouTube auto-captions, and the town's written minutes
Captions cleaned into timestamped transcripts; topics and motions found by pattern matching; summaries written by a language model and required to cite the second each item begins. Every name attached to speech is checked against the attendance list in the minutes, and marked (?) where no record confirms it
https://www.youtube.com/@durhammaine/videos
Summary written by claude-opus-5. Attendance from select_min_6.13.17.txt.
Data as of 25 August 2026 (the date of the newest recorded meeting in the index); retrieved 2 September 2026.