November 10, 2020 ~ Select Board Meeting

2020-11-10 · Select Board · 56:33 · watch on YouTube →

A regular select board meeting held over Zoom with four members present and run by Rob Pontau as assistant chair in Kevin's absence. The board approved the annual PSAP dispatch contract with the sheriff's office, a one-year winter sand contract with Dugas, two grant applications by the fire department, and applications for state culvert grant money on Swamp Road and Quaker Meeting House Road. Ruth, the town administrator, laid out the 2021 budget schedule built around another budget referendum, with a ballot that has to be ready to print by February 1. The board reviewed the municipal election results, in which the marijuana ordinances failed and the town manager question passed, and set December 8 as the meeting where the MMA consultant will join them to begin the town manager search. Longer discussions covered what to do with an expected fire department budget surplus and a new state paid leave law taking effect January 1.

What was discussed

1. 0:27
   Opening and quorum

   Rob Pontau opened the meeting, noting that Kevin would not be joining and that he would run it as assistant chair. Four members were present, which gave a quorum. He asked board members and department heads to turn cameras on at least while speaking or voting so the video record is usable. There were no amendments to the agenda and no public comment.

2. 0:27
   PSAP dispatch contract

   Chief Joseph Moore (?) described the annual contract with the sheriff's office for fire and EMS dispatching, which the town has had since January 1, 2019. It is about a 5% increase over last year's agreement, which was expected because the PSAP and per-call fees had not been adjusted in about ten years: 33 cents more on the PSAP fee per call and 28 cents more per call on the fire and EMS side. He said it is still cheaper than what the town paid for dispatch when he arrived, less than the increase that had been predicted, and that no language had changed.

3. 0:27
   2021 budget schedule

   Ruth (?) presented a schedule built on the assumption of another budget referendum, working back from the Friday before town meeting to a ballot that must be ready to print February 1. Letters go to committees and department heads at the end of the week, with committee budgets due December 5 and department head budgets around December 18, combined presentations to the board and budget committee early in January, and select board and budget committee recommendations concluded by the end of January.

4. 6:18
   CIP committee timing

   The capital improvement programme committee held its first meeting the night before, going over the spreadsheets and what is being asked for this year, and will start on the individual applications next. Ruth (?) said the committee expects to finish by Christmas, so its work will be in hand before the board's initial budget presentations.

5. 6:18
   Referendum date

   Rob Pontau put the chance of a referendum at about 95% and asked whether anything fixed the date. Ruth (?) said town meeting is always the first Saturday in April with the election for select board and budget committee the Friday before, and that this is generally set in stone. The board agreed to keep to the schedule and adjust if the situation changes.

6. 6:18
   Municipal election results

   All of the marijuana ordinance questions failed. All the other questions passed, including the town manager question, the changes to the historic district commission, and the ordinance changes that bring the town into line with the state.

7. 6:18
   Land use ordinance awaiting state approval

   Ruth (?) said George had told her the old land use ordinance stays in effect until the state approves the shoreland zoning changes. The changes have already gone to the state and the town is waiting to hear back; once approved, the new ordinance goes on the website.

8. 6:18
   Whether the marijuana ordinances need follow-up

   Todd Beaulieu asked whether the town's ordinances have to state that marijuana businesses are not allowed. The answer was that no such language is needed: the state law is an opt-in, the town did not vote to opt in, and without an opt-in vote it is not permitted in Durham. Rob Pontau described the vote as decisive, with a good-size margin on heavy turnout.

9. 11:47
   Voter turnout

   Becky, the town clerk, reported 2,822 voters between absentee and the polls, of which 1,801 were absentee and just over a thousand came on polling day. That was close to 80% of the registered voter list.

10. 11:47
    Town manager transition

    The town manager question passed by what Rob Pontau recalled as a couple of hundred votes. The plan is to spend the next few months on a candidate search and on deciding what the town wants in a manager, with the person starting after town meeting in the first week of April. David Barrett of MMA, the consultant who has advised the town through the process, will join the December 8 meeting, where the board will also settle what kind of screening committee to use; board members were asked to bring questions for him.

11. 11:47
    Road commissioner's report

    Calvin Beaumier (?) reported ditching finished on Evergreen Lane and equipment moved to Beaver Woods Road, where the property pins turned out to sit in the middle of the ditch line, apparently set after the road was ditched. Crews will work from mid-ditch toward the road and put replacement culverts in the right of way for future maintenance. Voting equipment was set up and taken down, leaf and acorn cleanup is essentially finished, and paving in the Deervale area completed the season's maintenance paving.

12. 11:47
    Winter sand bids

    Two bids came in: Scott Dugas Excavation at $8 and Country Fair Excavation of Bowdoinham at $10. Calvin Beaumier (?) said the Dugas figure matched what he had been told to expect earlier in the summer, which was why the town went back out to bid.

13. 17:10
    Whether to seek a multi-year sand price

    Rob Pontau asked whether Dugas would lock in a price for a second year to offset expected material increases, and whether changing the terms after bidding was allowed. The advice given was that negotiating terms after a contract is awarded is normal and legally fine, as the town does with Casella, though another bidder could in theory object. It was also noted that the town's order of about a thousand yards is small next to towns buying five or six thousand, which limits interest in the bid.

14. 17:10
    New Wheeler truck

    Calvin Beaumier (?) reported the truck went to Viking and was then returned to Freightliner because the air tanks and some switches were not in the right places. It is back at Freightliner and expected in the town's hands by mid-December.

15. 17:10
    Fire department grant requests

    Chief Joseph Moore (?) said COVID-19 cases appear to be ticking up again and the department is taking what precautions it can. He asked for approval to pursue two grants, and confirmed in answer to a question that being awarded a grant does not oblige the town to accept it if the matching funds are not there.

16. 22:16
    Terms of the two grants

    The Forestry Service grant is 50/50 matching on a $1,500 request, so the town would put up $1,500 for a $3,000 total. The FEMA grant is for pandemic PPE at 5% matching on an $8,000 request, about $400 to the town, and covers PPE the department has already bought. The chief said the department has gone significantly over its EMS budget this year on PPE and the grant would recoup that and stock it for the next two years.

17. 22:16
    Training and equipment

    New members are coming on board. The Tri-County Fire Training Program, which the chief said originated between Durham and Lisbon, was left short by the COVID-19 response; he helped get this year's classes completed and two Durham members will graduate shortly. He is working on an agreement to host the class in Durham next year, which would make attendance easier for members and earn the town a free spot worth $850. Truck 24 will be out of service for a couple of days to repair the door damaged last month.

18. 27:19
    Fire department surplus and air pack replacement

    The chief expects a surplus of $15,000 to $20,000 this year because of four months without training or meetings and limits on which calls members attend, and asked the board to think about spending it on breathing apparatus rather than raising taxes or drawing on capital next year. EMS supplies were budgeted at $8,000 and have just crested $10,000, a 25% overage. The cylinders were all replaced over the last two years at their DOT expiration, so only the packs and masks need buying; he would like up to five packs but did not expect the surplus to stretch that far. He said no decision was needed yet, and Rob Pontau said the money should stay in the department either way, since unspent operating money rolls into the capital fund and can be spent next year.

19. 32:42
    New state paid leave requirement

    The chief said a state paid leave law takes effect January 1 and appears to reach part-time and possibly per diem and call employees, which he had only heard about that week and was still trying to understand. Richard George said from his own business experience that it will affect part-time staff but was unsure about stipended people. The board suggested Ruth start researching it because it affects the whole town, not just the fire department, and noted that part of the cost comes from employee contributions.

20. 32:42
    Updated fire department RFP

    Board members who had read the revised RFP had no concerns, but because Kevin had raised questions at the previous meeting the discussion was held over to the next one. Rob Pontau asked that language be added stating the town may reject any and all responses so it is not committed if the numbers come back high. The chief will work with Ruth and send the final draft with his next report. The project had gone to the CIP committee last year and was not ranked a high priority.

21. 37:47
    Station backyard work

    Richard George asked whether the outstanding issues in the backyard at the station had been resolved. The chief said public works had handled the entire project and it was taken care of. Rob Pontau thanked staff, saying his phone had not rung in about two months.

22. 37:47
    Stream crossing grants for Swamp Road and Quaker Meeting House Road

    Calvin Beaumier (?) raised a grant he had not put in his report, with a deadline the coming Monday: $95,000 per crossing with no town match required, the same programme used for the Auburn Pownal Road crossings. Swamp Road floods at every flood event and had to be closed last December because the culverts are undersized and perched about a foot above the water, blocking fish passage; the pipes on Quaker Meeting House Road sit a foot or two above the water. He said DEP is expected eventually to require towns to fix such crossings at their own cost.

23. 43:02
    What applying commits the town to

    On the earlier Auburn Pownal Road crossings the town appropriated $100,000 but spent closer to $50,000, with $95,000 received for each culvert. Calvin Beaumier (?) said an award can be turned down, in which case it passes to the next town on the list, and undertook to confirm that. The board noted it would take a couple of thousand dollars in consulting to ballpark the cost before deciding.

24. 48:03
    Fill for the youth baseball property on Swamp Road

    The organisation had asked for fill and Calvin Beaumier (?) offered material coming out of the Beaver Woods Road ditching next week, which would be convenient to dump nearby on town land. Rob Pontau objected that the town has no executed lease for the property, no clear understanding of what is planned there, and that the planning board has identified wetland areas, and worried that fill dropped there could be spread by someone else. He said he would not authorise fill for that property, then added that the rest of the board could take a different view and that it did not matter to him either way; no motion was made.

25. 48:03
    Town administrator's report on the election

    Ruth (?) said her time had gone to the election and commended Becky and everyone who helped. About a thousand people voted in person and the day was quieter than the town had prepared for, with a significant line only between roughly 6:30 and 8:30 in the morning. The main constraint was the 50-person limit in the gym counting workers, which held down the number of booths.

26. 48:03
    Proposal for a selectmen's requests item

    Ruth (?) suggested adding a standing agenda line for selectmen's requests, so board members can name items they want researched or placed on the next agenda. Rob Pontau agreed, noting board members can also email her at any time with the rest of the board copied.

27. 53:21
    Consent agenda and upcoming meetings

    The consent agenda held the October 27 minutes, circulated earlier in the week by Kathy, and the warrants. The next meeting is Tuesday, November 24, 2020 at 6:30 p.m. by Zoom, which Rob Pontau expected to remain the format for the foreseeable future, followed by Tuesday, December 8, 2020 at 6:30 p.m. with David from MMA on the town manager. Thanks were given to Becky and to Tammy for handling the recording.

What was decided

• 0:27
  Approve the PSAP dispatch contract as presented and authorise Chief Joseph Moore to sign it. Moved by Rob Pontau, seconded by Todd Beaulieu; roll call carried 4-0.passed
• 17:10
  Approve a one-year winter sand contract with Dugas and authorise the road commissioner to sign it, with Calvin Beaumier to ask separately whether Dugas would hold the price for a further year. Moved by Rob Pontau, seconded by Todd Beaulieu; roll call carried 4-0.passed
• 22:16
  Authorise Chief Joseph Moore to apply for the Forestry Service grant and the FEMA PPE grant. Moved by Richard George, seconded by Todd Beaulieu; roll call carried 4-0.passed
• 43:02
  Authorise Road Commissioner Calvin Beaumier to apply for DEP culvert grant funds for both Swamp Road and Quaker Meeting House Road, ahead of the Monday deadline. Moved by Rob Pontau, seconded by Marc Farrin; roll call carried 4-0.passed
• 48:03
  Whether public works may dump fill from the Beaver Woods Road ditching on the town-owned youth baseball property on Swamp Road. No motion was made and the discussion ended without a clear direction: Rob Pontau said he would take issue with it and then said the choice was the road commissioner's and did not matter to him either way, with the only firm condition being that the fill stay out of the wetlands and that no stumps be run over.outcome unclear
• 53:21
  Approve the consent agenda as presented, comprising the October 27 minutes and the warrants. Moved by Rob Pontau, seconded by Richard George; roll call carried 4-0.passed
• 53:21
  Adjourn. Moved by Richard George, seconded by Todd Beaulieu; carried unanimously on a show of hands.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_11-10-20_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.

• approve the PSAP Dispatch as presented, and to approve Chief Joseph Moore to sign the contractcarried 4-0

  Moved by Rob Pontau, seconded by Todd Beaulieu

• approve a one (1)-year contract for Dugas and to authorize the Road Commissioner to sign the contractcarried 4-0

  Moved by Rob Pontau, seconded by Todd Beaulieu

• authorize Road Commissioner Calvin Beaumier to apply for DEP culvert grant funds for both Swamp Road and Quaker Meetinghouse Roadcarried 4-0

  Moved by Rob Pontau, seconded by Marc Farrin

• authorize Chief Joseph Moore to apply for the Forestry Service and FEMA grantscarried 4-0

  Moved by Richard George, seconded by Todd Beaulieu

• approve the Consent Agenda as presentedcarried 4-0

  Moved by Rob Pontau, seconded by Richard George

• Adjourn at approximately 7:28 p.mcarried 4-0

  Moved by Richard George, seconded by Todd Beaulieu

Worth knowing

• 11:47
  2,822 Durham voters cast ballots, 1,801 of them absentee, close to 80% of the registered voter list. All the marijuana ordinance questions failed and the town manager question passed by what the board recalled as a couple of hundred votes.
• 11:47
  The town expects to hire a town manager to start the first week of April, after town meeting. David Barrett of MMA joins the board on December 8 to begin the search and to settle how applicants will be screened.
• 27:19
  The fire department expects a $15,000 to $20,000 operating surplus this year from four months without training or meetings, and the chief wants to spend it on breathing apparatus rather than raise it in taxes next year. EMS supplies budgeted at $8,000 have already passed $10,000, a 25% overage, because of pandemic PPE.
• 37:47
  Swamp Road floods and has to be closed at every flood event because the culverts are undersized and sit about a foot above the water, blocking fish passage. The state grant the town applied for covers $95,000 per crossing with no match, and the road commissioner said DEP is expected eventually to require towns to fix crossings like this at their own expense.

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 7 decisions summarised.

Elsewhere

← 2020-10-27 Select Board2020-11-24 Select Board →All meetings