Skip to content

This site is in beta and not (really) for public release. The data is real but the design and copy is subject to significant change.

Select Board Meeting ~ July 9, 2024

2024-07-09 · Select Board · 3:16:58 · watch on YouTube →

Select board meeting of July 9, 2024, dominated by two items. The first was filling the vacant RSU 5 school board seat, which by state statute falls to the select board: after two residents spoke, the board held a public question and answer session with the four applicants and then appointed Candace Dekus (?), the recently retired board member, to serve until the April 2025 election, on the reasoning that the seat needs someone who can start immediately for six or seven meetings and that she alone had not committed to running in April. The board also appointed seven members and two alternates to the municipal center visioning steering committee from nine letters of interest. The second half of the meeting was the fee schedule, moved out of a workshop and into the regular meeting so fees could actually be voted on, and the board worked through it section by section, twice extending the meeting. It set road-associated fees, replaced a proposed flat $50 application administrative fee with $35 plus $10 for each additional application filed at the same time, raised commercial construction from 15 to 30 cents a square foot to $1 with a $100 minimum, raised the board of appeals fee from $70 to $200, added a $300 charge for each extra planning board meeting caused by an applicant failing to bring required material, and raised the gravel pit registration from $50 to $165. Fireworks, blasting and the remaining administrative and copying fees were left to the next meeting.

Who was there. The town's written minutes record these people present: Joe Roy, Josh Klein-Golden, Joe Tomm, Heather Roy, Deb Oliver. Names in this summary are checked against that list.

What was discussed

  1. 2:59
    Call to order

    The meeting opened with a quorum and the pledge of allegiance. Viewers were warned that several power bumps had occurred and that if the town went onto a generator the live stream would stop, though the recording would continue and be uploaded promptly.

  2. 2:59
    Public comment: Mary Pennington

    The chair explained that public comment gives each speaker three minutes and that the board does not respond. Mary Pennington of Shiloh Road, a 28-year resident whose two children went through RSU 5, urged the board to appoint any of the three candidates other than Michael Osgood (?), citing his statement that school boards ceased to be stewards of education in the early 20th century and his failure to answer her emailed questions on reading and literacy, supporting students with a range of needs, discipline, class sizes and technology.

  3. 8:06
    Public comment: Michelle Richardson

    Michelle Richardson of Patriot Way, speaking as a resident rather than as chair of the RSU 5 board, said board members owe a duty to all students across the three towns, that school finance is complex and that contracts covering nearly 400 employees must be negotiated. Given the appointment runs only about seven months to the April 2025 election and the learning curve is steep, she urged the board to appoint Candace Dekus (?), who stepped down in April after 13 years and most recently represented the board at the Region 10 career technical school.

  4. 8:06
    Nine applications for the visioning steering committee

    Nine letters of interest came in for the municipal center visioning steering committee, more than expected, so the board discussed how large to make it. The solid waste committee was set at five members and two alternates and the union church committee at seven and two, and members noted that larger committees take longer to get through business.

  5. 13:45
    How the committee will get its mission

    The board decided to appoint members that night and have them work with the town planner and the Greater Portland Council of Governments representative on a mission statement, rather than write one first. Heather Roy warned that the solid waste committee had come back repeatedly asking what it was meant to do; others said this one differs because there is a defined deliverable, money available and professional support, and that a select board liaison should be added.

  6. 19:22
    Committee composition settled

    The board agreed on seven members and two alternates to keep an odd number, favouring six names new to town committees plus one of the three budget committee members who had applied, so that budget questions could be answered inside the committee. It confirmed that alternates are named in advance rather than chosen by the committee itself.

  7. 19:22
    Appointments made

    The board appointed Phyllis Brandon, Steve Duim (?), Katherine Curtis, Patrick Bole (?), Devin Garno, Julie Jabot (?) and Julia Johnson as members, with Donna Church (?) and Neil Berry as alternates. Josh Klein-Golden seconded and there was no opposition.

  8. 19:22
    How the school board seat is being filled

    The chair explained that under state statute it is the select board's job to appoint someone to a school board vacancy, and that this board had chosen to go further by inviting applications, gathering public feedback and holding a public question and answer session before voting the same night. Candidates were asked to answer the board's questions rather than debate each other.

  9. 24:48
    Recess and candidate introductions

    The meeting took a three-minute recess when a member had to deal with something at his house. Michael Osgood (?) of Davis Road (?) introduced himself as retiring in 2020 after 42 years in healthcare, with oversight of service contracts at 113 hospitals in five states, more than 100 staff under his supervision and annual capital budgets over $200 million.

  10. 30:15
    The other three candidates

    Rebecca (?) of Meadow Road, from a public relations background with a son going into eighth grade at Durham Community School, said she put her name in so there would be a variety of candidates after Stacy left. Candace Dekus (?) of Royalsborough Road (?) described a career in education, teaching fifth and sixth grade and special education, serving as special education director and on the board when Durham was with Lisbon, and more recently on communications, policy and negotiations and as a Region 10 representative. A fourth candidate of Newbrook Road, whose name the recording does not render clearly, said she is a CPA and a clinical social worker with two nieces at the school, bringing both financial and wellbeing perspectives and no predetermined agenda.

  11. 35:48
    Experience questions

    The board asked each candidate the same three questions: previous school board experience, experience working within school systems including PTA, contract or coaching capacities, and direct experience with RSU 5. Answers ranged from 13 years on the board and starting Durham's special education programme in 1978, through PTA and committee work and liaison with school social workers, to no school experience beyond coaching wrestling.

  12. 40:58
    What qualifies them

    Michael Osgood (?) repeated his budget and contract experience and said the drift from traditional education did not happen overnight and will not be turned around overnight, and that he is under no illusion one person can force change. Rebecca (?) pointed to a communications gap, citing the social media argument about why the select board rather than voters is choosing. Candace Dekus (?) said she is usually chosen to chair the committees she sits on and had years ago suggested the school board meet each town's select board on the budget. The fourth candidate said the role means supporting the rights of all students, collaborating with other members and supporting staff.

  13. 40:58
    Whether they would run in April

    Asked whether they intend to stand at the April election regardless of tonight's outcome, three said yes. Candace Dekus (?) said it was up in the air because she is looking to downsize and may not still be in Durham.

  14. 46:41
    One area to focus on

    Michael Osgood (?) said that from three or four dozen homes he visited gathering petition signatures the number one issue was restoring education to reading, writing, maths, history, geography, grammar, moral instruction and civic virtues. The others named curriculum and strategic planning, the budget together with curriculum and social and emotional support, and preparing students for a rapidly changing working world while attending to the tension that creates with taxpayers.

  15. 46:41
    Deb Oliver on the feedback received

    Deb Oliver said the board solicited residents' views and was surprised by the volume of response. Some argued that a close election result meant the runner-up should simply step in; a similar number wrote to say anyone but Michael Osgood (?), citing examples of people who reached out and got no response or were unhappy with the tone. She said the ability to communicate, collaborate and seek to understand others' positions is a key point for the role.

  16. 52:28
    Board discussion

    Josh Klein-Golden said the answers had not made the decision easier and that he did not think there was a bad choice. Another member said the underlying feeling from residents is that this should go to a vote, and encouraged all four to pull papers in January and get on the April ballot, while saying he leaned towards the outgoing member.

  17. 57:29
    Heather Roy on the process

    Heather Roy said many of the emails argued the voters' opinion should count, and that one went so far as to call the select board's approach a disenfranchisement of voter rights. She wanted it clearly on the record that this is a state statute requirement rather than a process the board chose, and that the board had in fact enhanced it with public participation.

  18. 57:29
    The chair's reasoning and the vote

    The chair said the seat runs only six or seven meetings and needs someone who can hit the ground running, and that three candidates had said they would stand in April while one had not, so appointing that one avoids handing anybody the advantage of running as an incumbent. A motion to appoint Candace Dekus (?) was made and seconded and carried with no opposition.

  19. 1:02:49
    Manager's report: town hall grounds

    Public works has finished grubbing out the rotted stumps in front of the town hall. Landscaping is to follow, with the idea of getting several design options and possibly letting residents vote on which they prefer, though members noted how exposed the building now looks.

  20. 1:02:49
    New town website

    The new town website was due to go live the following day, with the manager crediting Kimberly Garno for the work and the vendor for being responsive. He asked for patience with any teething problems, saying it is much easier to operate from the administrative side.

  21. 1:08:05
    Push notifications

    The manager wants to add push notifications and will probably do it as an administrative matter if he can find the budget. Examples given were collection days such as trash being picked up on July 4, road closures and reopenings during storms, warming and cooling stations, and meeting notices. Members supported it as a way to put direct, concise information out without the comment sections, and noted it would feed the website news blast at the same time.

  22. 1:08:05
    Half-year budget review

    With the year half over, Mark will come in to take the board through the budget and point out lines running over and why, as part of keeping the board updated on the town's financial position, something the manager said had not been done much recently while the budget was being straightened out.

  23. 1:13:39
    Contracts and a meeting with the attorneys

    The revaluation, legal services and solid waste contracts are all signed. Kristen Collins (?) asked whether the board wanted a meet and greet on services and expectations, which the manager recommended, saying ordinances should be reviewed by the attorney before town meeting and that it would help to get their view on executive sessions, on the division of responsibilities between board, manager and committees, and on internal policies.

  24. 1:13:39
    Codification of the land use ordinance

    The codification company has the whole land use book and is reorganising it, for instance moving the definitions from the back to the front, working with George. There is no completion date because the scope was unknown until they had the book, and the manager said it is usually a couple of years, with Mechanic Falls taking three. Nothing will be ready in time for warrant language this year.

  25. 1:19:03
    Doing it all at once

    Heather Roy said she wanted it done the way North Yarmouth did, with packets red-lined and posted for residents as they went and the whole thing reset at a single town meeting, rather than a section every couple of years. The manager's guess was the 2026 town meeting rather than 2025. Members also raised ordinance provisions that still refer to the select board doing things that now fall to the town manager.

  26. 1:24:25
    Closing loops on the board's goals

    Heather Roy said the board had set out to agree its own goals and had discussed moving to a fiscal year, and neither loop had been closed, and she did not want a repeat of last year where items were kicked along until they did not happen. The board agreed to summarise the flip chart notes from the earlier goal-setting session and bring the written list back.

  27. 1:24:25
    Agendas planned out

    July 23 was set for the goals discussion, the fiscal year question with Donna and the law enforcement proposal, on the reasoning that Donna's view that the fiscal year change should happen sooner would shape the goal priorities. August 13 is for the Durham historic district commission on articles 12 and 5.14, and Mark's six-month budget review moves to the last meeting in August so he has time for the reconciliation.

  28. 1:24:25
    Law enforcement proposal options

    The chair set out the choices on the law enforcement proposal: drop it for now, budget for it, or put a question to voters at the November election, where turnout is expected to be high, and then take it through the budget cycle between November and year end if voters say yes. No outside feedback was thought necessary; the board will pick a route on July 23.

  29. 1:24:25
    Consent agenda

    The consent agenda was approved without discussion, with thanks to those who caught edits needed in the minutes being approved.

  30. 1:29:48
    Workshop (?) moved into the meeting

    Before adjourning into the advertised fee schedule workshop, the board realised it would have to reconvene as a meeting to change any fee. It amended the agenda to move the workshop into the regular meeting under old business so fees could be voted on that night.

  31. 1:29:48
    Why the fee schedule is being reviewed

    The town can now update fees periodically rather than only annually. The discussion had started a couple of meetings earlier and been held over when it got further into the detail than time allowed, with groundwork done in advance for this meeting. The stated aim is to bring Durham's fees into line with surrounding communities and with what serves the town.

  32. 1:29:48
    The complaint that fees drive development away

    Josh Klein-Golden relayed a comment he had heard from more than one person, that talk of raising fees was driving development away from the town and that the fees were not being tied to the town's costs. He asked whether driving development away was the goal, saying that if it was it should be stated, and if not, the board should be able to say what each fee relates to in cost.

  33. 1:35:22
    The board's rationale

    Heather Roy said applications and subdivisions should not be subsidised on the backs of taxpayers and that the person benefiting from a permit should pay for the town service, adding that even 50 cents a square foot for a building permit is below surrounding towns. The chair said everyone pays for and receives trash collection, but not everyone benefits from a road entrance permit, and that the town planner estimated about 25 percent of his time serves individual applicants while the fees recover less than that share of his compensation.

  34. 1:40:59
    Where a fee would not be justified

    Heather Roy gave an example of changing her own mind: she had assumed the fire department staffs up for mass gatherings and for the fourth of July, and the chief told her staffing does not change. On that basis a mass gathering permit fee would not reflect any additional cost to the town and would not be appropriate, even though other towns charge one.

  35. 1:46:33
    Work being done for nothing

    Allan (?) described correcting non-compliant 911 addressing, persuading owners to change a number or a road name so an ambulance can find them, as work that takes a great deal of time. On private road signs the town had been charging $126, which covered the sign alone and not the pole, the placement or the labour, and one sign is repeatedly stolen and replaced.

  36. 1:46:33
    Road-associated fees approved

    The board approved three new road-associated fees as written: a town road entrance permit at $125, issued by the road commissioner, assigning an emergency 911 address at $125, and a private road sign fee of $245. Deb Oliver seconded and there was no opposition.

  37. 1:52:20
    The application administrative fee

    A $50 administrative fee on any application was proposed, charged on top of the specific permit fee as Allan does in Wales and as many towns do, with state plumbing permits excluded because those rates are set by the state. A 2022 comparison showed Gray, New Gloucester, North Yarmouth, Pownal and Sabattus charging between $20 and $25.

  38. 1:57:29
    Objections to a separate line

    A member said he did not object to charging for administration but wanted it built into each fee rather than shown as a separate charge, so people are billed once. Others pointed out that is awkward where a fee varies by square footage, per lot or per fixture, since the administrative effort is the same whether the house is 1,000 or 2,000 square feet.

  39. 2:03:06
    Rewarding applicants who come prepared

    Josh Klein-Golden asked whether someone filing several applications at once would pay the fee for each, arguing that someone who has their paperwork in order should benefit. The $50 was based on an estimate of two hours of staff time from the front desk and calls to four other towns; the analogy drawn was the state's charge of $15 for a first certificate and $6 for each additional one obtained at the same time.

  40. 2:08:21
    Administrative fee set at $35 plus $10

    The board settled on $35 for the initial application plus $10 for each additional application submitted at the same time, with the clock starting over if the applicant comes back later. Three permits taken together would cost $55 rather than $150, and a new house needing building, electrical, plumbing, driveway and septic permits about $75 rather than $250 or $300.

  41. 2:08:21
    Commercial construction fee

    The tiered commercial rate of 15, 20 or 30 cents a square foot by size was replaced. A first motion set it at 50 cents to match residential, then was withdrawn after members said a commercial developer should not pay the same as a resident and that Allan has to review architects' and engineers' stamped plans. The board set $1 per square foot of floor area with a $100 minimum, striking the rest of the section.

  42. 2:14:05
    Miscellaneous construction

    The satellite dish permit was dropped as obsolete. The flood zone permit was kept despite the 100-year flood plain being resource protection, because building above elevation is possible, there is at least one approved location, and it is easier to adjust an existing fee than to put one back on the list later.

  43. 2:19:17
    Outdoor pools

    The board narrowed the pool permit so it does not catch an inexpensive soft-sided pool, settling on outdoor pools with a depth of 48 inches or more with a filtration system, which is the depth at which fencing is required. Allan (?) explained that he inspects an in-ground pool twice, once for the electrical bonding and once when the fence is up, and an above-ground pool once, which members accepted as justifying $100.

  44. 2:24:28
    Motion withdrawn over the flood zone fee

    A motion to approve the whole miscellaneous construction section was withdrawn when it emerged that a flood zone permit can take five or six hours, working with a surveyor on elevations, the building and flood vents, yet was priced below the pool permit. Members said the fact that something happens rarely is not a reason to charge less than it costs.

  45. 2:29:47
    Extending rather than tabling

    At about 8:54 the board weighed tabling the rest against carrying on, one member asking what it costs to bring Allan back for a third meeting when the exercise is about charging for staff time. A motion to table was withdrawn and the meeting was extended by 30 minutes.

  46. 2:29:47
    Miscellaneous construction approved

    The flood zone permit was raised to $150 and the section approved as amended, with outdoor pools of 48 inches depth or greater with a filtration system at $100, the flood zone permit at $150 and demolition of structures at $50, a standard demolition permit being estimated at about two hours of work.

  47. 2:35:30
    Planning board fees

    The town planner considers Durham's planning board fees very low. Members supported the schedule as commensurate with the time of the planner, the code officer and town staff, and with what applicants working across town lines already pay in Pownal, Lisbon, Sabattus, Auburn and Freeport. The subdivision escrow per lot was raised because the ordinance provides no way to replenish an escrow account once the initial sum is spent.

  48. 2:35:30
    A charge for unprepared applicants

    A new line adds a fee of at least $300 for each additional meeting caused when an applicant fails to bring required material, covering the per-meeting pay of the board members plus staff time. Members refined the wording away from not prepared, on the basis that applicants are given a checklist and discrete measurable deliverables in advance and the town planner tells the board what was not supplied. Pownal was cited as charging $1,200 for a conditional use permit against Durham's (?) proposed $500.

  49. 2:46:03
    How the extra meeting fee gets collected

    Josh Klein-Golden pressed on documentation and collection. The answer was that the fee would be handled like the others, entered in the town's system, with the town planner not scheduling the next meeting until it is paid, in the same way Allan will not carry out an occupancy inspection until the fee is in. The planning board section was then approved with the added line.

  50. 2:46:03
    Board of appeals fee

    The board of appeals fee rose from $70 to $200 plus abutter notification costs. It covers the legal advertisement, which must run 14 days ahead at roughly $35 to $40, the copies both printed and electronic, and the staff time to gather the material, which applicants tend to submit piecemeal, and to schedule the board around summer holidays. Board of appeals members are unpaid, but town staff attending are not.

  51. 2:51:31
    Why a gravel pit costs less than a conditional use

    Josh Klein-Golden asked why establishing a new gravel pit would cost less than a conditional use permit. The answer was that gravel pits have their own ordinance section and pay the site plan review fee on top. Members observed that the gravel pit ordinance is far less demanding than the process for putting up a pool with a fence, and that a pit process amounts to little discussion of whether the road can take heavy traffic.

  52. 2:56:43
    Site plan review wording corrected

    Josh Klein-Golden spotted that the site plan review lines did not make clear the two charges are cumulative. The board amended them to read $500 for the first 2,500 square feet of building or development plus $100 per 1,000 square feet over 2,500, and replaced the word parking with development in the preceding line.

  53. 2:56:43
    Meeting extended again

    With five minutes left on the earlier extension, the board voted to extend a further 15 minutes to 9:45 to finish the schedule.

  54. 3:02:14
    What heavy trucks do to local roads

    The manager, from a road background, said local roads were often built on poor bases and cannot take heavy axle loading, that a road can handle a thousand cars a day more easily than 20 heavy trucks, and that a town can put weight limits on roads by ordinance. Members asked whether a pit on a local road means that stretch gets repaved repeatedly while other roads wait, against a replacement schedule of about two and a half miles a year across roughly 40 miles of paved road.

  55. 3:02:14
    What a gravel pit contributes

    Heather Roy said gravel pits are assessed as unbuildable lots so the property tax they pay is insignificant while the cost to the town is heavy, and doubted that excise tax offsets it since many of the vehicles using a pit are registered elsewhere. She wanted more information before settling the fee, and members agreed the wider question is bigger than the fee schedule.

  56. 3:07:24
    A fee that has not been collected

    It emerged that the $50 annual gravel pit registration has probably gone uncollected for years. Allan (?) described getting the mobile home park owner to pay, and having Jessica send a letter when the fee was not paid by January 1, after which he paid the next day. The gravel pit ordinance allows the pit to be closed if the annual fee is not paid within 30 days, and members said an ordinance that is not enforced is a separate problem from what the fee should be.

  57. 3:07:24
    Gravel pit fees approved

    The board approved the section, replacing the $50 annual registration with $165 for existing excavation initial registration and $165 for renewal, applying the site plan review fees to new and expanded excavations, and adding $55 plus notification costs where the select board requests a public hearing on an existing excavation. Members noted the fee can be revisited now that the schedule can be adjusted periodically.

  58. 3:07:24
    Liquor licence processing

    The separate town fee for processing liquor licences was replaced by the town minimum administrative fee, since the state charges its own fee directly and the town's role is to approve the application before it goes to the state. The permit covers businesses and events, including anyone renting the Eureka Center who wants to serve beer.

  59. 3:13:30
    Mass gathering, fireworks and blasting

    Mass gathering was struck from the fee structure. Fireworks and blasting permit fees were left for a later meeting: the town has no fireworks ordinance, members wanted the fire chief's input, and there was no agreement on whether a permit would apply to a household setting off fireworks or only to something larger.

  60. 3:13:30
    What is left for next time

    The remaining page of current administrative fees, largely copying, scanning, faxing and notary services, was left to the next meeting, along with adding the Eureka Center, folding everything into one document and reformatting it. Allan will not be needed for that session, and an updated version is to be circulated before the next board meeting. The meeting then adjourned.

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 sbm_7-9-2024approved.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: 17 passages of motion language, against 21 decisions summarised.

Show the 17 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 sbm_7-9-2024approved.txt.
Data as of 25 August 2026 (the date of the newest recorded meeting in the index); retrieved 2 September 2026.