May 12, 2020 ~ Select Board Meeting

2020-05-12 · Select Board · 1:15:07 · watch on YouTube →

The select board met by Zoom to settle the 2020 town meeting warrant and how it would be voted on. With no announcement yet from the governor on gathering limits, and the ballot due at the state by Friday for printing, the board worked through the warrant article by article with Town Administrator Ruth Glaeser, made edits on screen, then voted 5-0 to accept the warrant document she had circulated as "2020 Final Corona" and 5-0 to send every article to a secret ballot referendum rather than an open town meeting. It also authorized a tax anticipation note of just over $1 million from Androscoggin Bank, approved the town office reopening plan for that Thursday, let the porch roof work at the old town hall proceed, and authorized the fire chief to spend up to $10,000 of department capital funds on turnout gear. A proposal from Rob Pontau to put a raise pool article on the warrant, with both the board and budget committee recommending against it, was discussed but never made into a motion, so no such article was added. The public hearing required for a secret ballot vote was set for June 9 and the board adjourned at 7:48 p.m.

What was discussed

1. 0:05
   Budget referendum: where things stood

   Ruth Glaeser (?) said an announcement from the governor was said to be imminent but had not come, and that the budget committee had met the night before and voted to go with the select board's recommendations on everything. She said the ballot had to be ready and sent to the state by Friday for printing and coding, so if the board did not decide tonight it would need another meeting within days.

2. 0:05
   Machine count rather than hand count

   Ruth Glaeser had originally assumed the town would miss the deadline to have the ballot coded, but said the Friday deadline could be met. Members preferred a machine count and the chair recorded no objection.

3. 0:05
   Bundling smaller budgets into one article

   Ruth Glaeser had kept the large budgets separate but combined a number of smaller ones into article 13 to cut down the number of warrant articles. A member was concerned about how residents would react to bundling when the town had never done it before, and about one disliked item sinking the whole question; splitting out the planning and telecommunications items was offered as an alternative.

4. 5:38
   Bundling left as drafted

   Members agreed these articles do not usually generate much discussion at town meeting and settled on leaving the combined article as written.

5. 5:38
   No LD1 article this year

   Ruth Glaeser (?) noted the warrant does not need an LD1 article this year because the town is not exceeding the LD1 limit.

6. 5:38
   Whether budget articles should show last year's figures

   A member asked whether each budget article should carry the previous year's figure and the percentage change. Ruth Glaeser (?) said she had kept the articles simple and was relying on the information sheet, which voters could have in front of them at home or take into the booth.

7. 5:38
   Article 8 and the RSU5 assessment error

   Article 8 asks voters to take $77,410 from undesignated funds, money collected because of an error in last year's RSU5 tax assessment discovered after taxes had been committed. A member argued the wording was too bare and would leave residents filling in the blanks themselves, and suggested plainer language explaining that last year's overcharge is being applied to this year.

8. 11:01
   Article 8 reworded on screen

   Options discussed included dropping the explanation and applying the money to one of the municipal budgets instead, but members wanted it kept as a separate question so voters could see where the money came from. Ruth Glaeser shared her screen and added wording that the funds are being used to offset a portion of this year's tax impact, which the board accepted.

9. 11:01
   Fund transfer articles

   A member asked whether the fund warrant articles covering money moved between accounts should also go on. Ruth Glaeser (?) said they would be confusing without an explanation and singled out the recreation account as one that would generate heat; the exchange was cross-cut and did not end in a clear instruction.

10. 16:08
    Recommendations printed in the town report

    A member noted that recommendations printed with the draft warrant in the town report had since changed, in some cases completely, so anyone reading the town report now would see the wrong figure. He suggested that for future years the draft warrant go in without recommendations.

11. 16:08
    Article 14 typo and business article headings

    Todd Beaulieu read out article 14 and found a fiscal year typo Ruth Glaeser (?) said she had already fixed. Members asked for the usual headings grouping the routine business articles to be added back, which Ruth Glaeser agreed to do.

12. 16:08
    Delinquent tax interest rate

    Asked where the 9 percent charge in article 16 comes from, Ruth Glaeser (?) said it is a state figure and the highest the town is allowed to charge, though it could charge less.

13. 16:08
    Wage freeze and the raise pool

    A resident had emailed after the budget committee meeting asking the board to reconsider the wage freeze and the zero-dollar raise pool. Kevin Nadeau said the budget committee had discussed it even though it was not on the warrant, and had agreed with having no raise pool, so he had nothing to bring back to the board.

14. 21:40
    Whether to put the raise pool to voters anyway

    Kevin Nadeau put the budget committee vote at 8 to 1. Rob Pontau argued the article should go on the warrant even with both bodies recommending no, on the grounds that residents support town employees and next year will be harder; others said the board's own 4 to 1 vote had settled it and asked what it would accomplish. Invited by the chair to make it a motion, Rob Pontau declined.

15. 21:40
    Vote on the warrant

    Richard George moved and Todd Beaulieu seconded acceptance of the warrant document named "2020 Final Corona" as presented and with the edits made during the meeting. The chair restated the motion and took a roll call.

16. 26:45
    Vote to hold a secret ballot referendum

    Ruth Glaeser pointed out the board had approved the warrant but had not yet voted to hold the referendum. Members discussed what they would do if the governor relaxed the gathering limit and an in-person town meeting became possible after July 1: several said turnout could be lower than usual, that the simplified warrant needed less explanation, and that a secret ballot was worth trying since residents had asked for it. Ruth Glaeser (?) said she would email the board if an announcement came so they could meet briefly and reconsider.

17. 26:45
    Voter information sheet

    The board discussed sending an information sheet explaining each article. Ruth Glaeser (?) said she would look into the price of a printed piece and begin drafting one, sending it to the board around the end of the following week.

18. 31:57
    Format of the information sheet

    There was confusion over whether the piece would appear in a newspaper; Ruth Glaeser (?) clarified it would be produced and mailed on its own in a newspaper-style format, as another town does it. She said the information sheet is not a legal requirement but the public hearing is, and that guidance on secret ballot town meetings stresses extra effort to explain articles because there is no floor discussion. Members agreed direct mail to every household was what they wanted, with copies online and extras for the town office and any polling place.

19. 37:04
    Public hearing requirements and date

    Ruth Glaeser (?) said a secret ballot vote requires a public hearing no more than 30 days and at least 10 days before the vote, noticed at least seven days in advance. The board set it for Tuesday June 9, its regular June meeting, by Zoom, before absentee ballots go out.

20. 37:04
    Zoom capacity for the hearing

    Asked whether the town's Zoom account could take more than a hundred participants, Ruth Glaeser (?) said the subscription could be increased for a month; figures of about $40 a month and about $15 for 300 participants were both quoted and not reconciled. Webinar format would cost more, though the town might be able to use GPCOG's subscription.

21. 37:04
    Timing against the state of emergency

    Ruth Glaeser (?) said a further reason for the June 9 date is that Zoom meetings remain permitted for 30 days after the emergency is lifted. If the emergency ends that Friday and is not extended, the town would have to find another arrangement after June 15.

22. 42:15
    Tax anticipation note

    Rob Pontau read out the full authorising language supplied by bond counsel for a tax anticipation note of just over $1 million, structured as a draw-down so the town takes only what it needs. The note would be dated on or about June 1 and mature December 31, 2020, and would be sold and awarded to Androscoggin Bank; asked about cost, Ruth Glaeser put the interest rate at about 3 to 3.5 percent, not yet quoted, plus about $2,000 in bond counsel fees.

23. 42:15
    Town office reopening plan

    Ruth Glaeser had gone back to office staff after the previous week's discussion and brought a plan to reopen that Thursday. Public hours would be 1 to 4 every day except Thursday, when they would be 3 to 6, with mornings by appointment.

24. 47:38
    Authority to adjust the reopening

    Ruth Glaeser (?) asked to be able to make adjustments on the fly with Marc Farrin as her liaison. Members agreed, saying she should make the calls in her own department but that closing the office should go through the liaison to the chair, and that the board should be informed of any change as soon as possible. Members also noted that an exposure in the office would close it.

25. 47:38
    Old town hall porch roof

    Todd Beaulieu said the porch roof needs stripping, new flashing and boards before the porch is painted, and that the contractor, Jan (?), had asked whether the town still wanted it done in light of everything that had happened. The money is already in a specific capital account for it.

26. 52:46
    Road commissioner report

    Calvin (?) reported clearing fallen trees from town office trails and work at the fire station and Eureka ball field, and an ongoing programme of driveway culvert replacements, some failed over the winter. On paving, areas of end-of-load segregation in last year's 19 millimetre binder will be milled and filled, with Grant Road worse than most; Leighton Road may start the following week and Day Road is about a month out, once the crew on Route 9 finishes shoulders.

27. 52:46
    Crew hours, on-call and the new truck

    The crew has gone back to summer hours of four 10-hour days, Monday to Thursday. Asked how the other three days are covered, Calvin (?) said county and state police dispatch hold a priority call list with him first and Ron (?) second. The chassis dealer, away that week, is to confirm the bid extension in writing early the following week after checking the body builder would hold its part, otherwise the truck would have to go back out to bid before the town vote.

28. 58:47
    Potholes on Route 9 and 136

    Calvin (?) said repeated calls had finally brought someone out, who put a token patch in the middle of a hole the town had reported as two feet wide, and that he would call them back.

29. 58:47
    Closed signs at the public works building

    Calvin (?) asked whether he could take down the signs saying the building was closed now the town office was reopening. Members said to take the same precautions the town office is taking on distancing and hygiene and do what was needed to function.

30. 58:47
    Fire and EMS report

    The fire chief reported call volumes still down with no missed calls, and call times up because of the additional PPE. He was meeting chief officers that night about reopening the station and resuming trainings and meetings, had annual hose testing underway and had started the well and septic projects. The one capital item not yet discussed was turnout gear, some of it aged, and he proposed cutting this year's request and deferring the rest.

31. 1:04:02
    Fire capital reconciliation

    The board and the chief worked through the fire capital position on screen, deducting the SCBA bill at just under $25,000, the well at just over $5,000 and the septic at just under $13,000, along with a bond payment of $4,120. Several figures were read off different versions of the spreadsheet and restated during the exchange.

32. 1:09:05
    Turnout gear authorization

    The chair moved to permit the fire chief to spend up to $10,000 in capital funds on turnout gear for the remainder of the budget year, explaining that capital expenditure needs board authorization and that the usual fire capital budget article is not going on this year's warrant. The only capital article on the warrant is the plow charge.

33. 1:09:05
    No consent agenda

    The only consent item was the May 5 minutes, and the corrected version had gone only to Rob Pontau rather than to the whole board. Approval was put off.

34. 1:09:05
    Next meetings and adjournment

    The next regular meeting was set for Tuesday May 26, expected to be on Zoom, and June 9 for the public hearing, with the start time moved to 6 o'clock and the rest of that agenda to be kept light. The board then moved and voted to adjourn.

What was decided

• 0:05
  Agreed the ballot would be coded and counted by machine rather than by hand; the chair recorded no objection.passed
• 5:38
  Agreed to leave article 13 as drafted, with the smaller budgets combined, rather than splitting out the planning and telecommunications items.passed
• 11:01
  Agreed to reword article 8 so that it says the $77,410 lapsed into undesignated funds because of an error in the RSU5 tax assessment and is being used to offset a portion of this year's tax impact. Ruth Glaeser made the edit on screen during the meeting.passed
• 11:01
  Whether to add the fund transfer articles, including the one on the recreation account, was raised and discussed but the exchange did not end in a clear instruction either way.outcome unclear
• 16:08
  Ruth Glaeser to add the business article headings back into the warrant.passed
• 21:40
  Rob Pontau proposed adding a raise pool article to the warrant carrying a recommendation of no from both the board and the budget committee. Invited by the chair to put it in the form of a motion so it could be acted on, he declined, and no raise pool article was added to the warrant.tabled
• 21:40
  Motion to accept the warrant document named by Town Administrator Ruth Glaeser "2020 Final Corona" as presented and with the edits made during the meeting, moved by Richard George and seconded by Todd Beaulieu. Roll call: Rob, Rich, Todd, Mark and the chair all yes.passed
• 26:45
  Motion to send all warrant articles to a vote by secret ballot referendum this year, moved by Kevin Nadeau and seconded by Rob Pontau. Roll call: Rob, Rich, Todd, Mark and the chair all yes.passed
• 26:45
  Ruth Glaeser to price a printed voter information sheet and circulate a draft to the board around the end of the following week.passed
• 31:57
  Agreed the information sheet should be mailed to every household, with copies posted online and extras held for the town office and any polling place, with Ruth Glaeser to come back on format and price.passed
• 37:04
  Public hearing on the secret ballot town meeting set for Tuesday June 9 by Zoom, at the board's regular June meeting.passed
• 42:15
  Motion, under and pursuant to Title 30-A, section 5771 of the Maine Revised Statutes, authorizing issuance of a tax anticipation note of just over $1 million in anticipation of 2020 taxes, sold and awarded to Androscoggin Bank; moved by Rob Pontau and seconded. Roll call: Rob, Rich, Mark and the chair all yes; Todd's name was not called on the recording. The chair afterwards asked Ruth Glaeser when to come in and sign the note.passed
• 47:38
  Agreed the town office would reopen that Thursday on the proposed hours, and that Ruth Glaeser could adjust them as needed with Marc Farrin as liaison, informing the board as soon as possible; a decision to close the office would go through the liaison to the chair.passed
• 52:46
  Agreed the porch roof work at the old town hall should go ahead as already approved, paid from the capital account set aside for it, and that the contractor should be told to finish the job.passed
• 1:09:05
  Motion to authorize the fire chief to spend up to $10,000 in fire department capital funds on turnout gear for the remainder of the budget year, moved by the chair and seconded. Roll call: Rob, Rich, Todd, Mark and the chair all yes.passed
• 1:09:05
  Approval of the May 5 minutes put off, the corrected version having gone only to Rob Pontau; no consent agenda was taken.tabled
• 1:09:05
  Agreed to start the June 9 meeting at 6 o'clock rather than 6:30, beginning with the public hearing on the secret ballot town meeting, with no objection recorded.passed
• 1:09:05
  Motion to adjourn, moved by Kevin Nadeau and seconded by Rob Pontau. Roll call: Rob, Rich, Todd, Mark and the chair all yes; the minutes record adjournment at 7:48 p.m.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_5-12-20_final.txt. It owes nothing to the recording or to a model: the clerk typed it, with the vote. Where the summary above claims a decision this list does not carry, the summary is the part to doubt.

• accept the Warrant document (named by Town Administrator Ruth Glaeser “2020 Final Corona”) as presented and with edits Ruth has made during tonight’s meetingcarried 5-0

  Moved by Richard George, seconded by Todd Beaulieu

• send all Warrant Articles to vote by secret ballot referendum this yearcarried 5-0

  Moved by Kevin Nadeau, seconded by Rob Pontau

• under and pursuant to Title 30-A, Section 5771 of the Maine Revised Statutes, as amended and supplemented, there be and hereby is authorized the issuance of a $1,050,000 principal amount Tax Anticipation Note of the Town…

  Moved by Rob Pontau, no seconder recorded; no outcome recorded

• Adjourn at 7:48 p.mcarried 5-0

  Moved by Kevin Nadeau, seconded by Rob Pontau

Worth knowing

• 5:38
  An error in last year's RSU5 tax assessment, found after the town had committed taxes, left Durham holding $77,410 in excess tax revenue. Article 8 asks voters to apply it against this year's tax impact, and the board rewrote the wording so residents would understand the money is an overcharge being returned rather than undesignated funds being spent.
• 21:40
  Both the select board, by 4 to 1, and the budget committee, by 8 to 1, backed a wage freeze with no money in the raise pool. Rob Pontau argued residents should get to vote on it anyway, but declined to make it a motion when invited, so no raise pool article went on the warrant.
• 26:45
  Every warrant article goes to a secret ballot referendum this year instead of an open town meeting, a first for the town. The ballot had to be at the state by that Friday for printing, and the required public hearing was set for June 9.
• 42:15
  The board authorized a tax anticipation note of just over $1 million from Androscoggin Bank, drawn down only as needed, at an expected 3 to 3.5 percent interest plus roughly $2,000 in bond counsel fees.

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: 2 passages of motion language, against 18 decisions summarised.

Elsewhere

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