Select Board Meeting ~ November 26, 2024

2024-11-26 · Select Board · 2:54:18 · watch on YouTube →

Regular Select Board meeting on November 26, 2024, reordered at the start so that presenters were heard first. Dennis of MaineDOT (?) presented crash data for the Route 136 intersection at Rabbit Road and Quaker Meeting House Road and recommended converting it to an all-way stop; the board voted to send a letter of support. Jen (?) presented the 2023 financial audit, which carried a clean opinion, no material weaknesses and one significant deficiency over purchase card documentation. The board authorised the town manager to buy replacement doors for the Eureka Community Center using ARPA money that must be committed by the end of December, then went into executive session with the town attorney and came out with two motions on battery energy storage: a contract zoning ordinance drafted by the attorney and planner, and minimum standards drafted by the planning board. It also directed the town attorney to draft a rewrite of the historic district ordinance rather than wait further for the Durham Historic District Commission, and deferred a server replacement to the next meeting after a disagreement over whether spending items must appear on the agenda in advance.

No written minutes could be matched to this meeting. The transcript records that the speaker changed but never who was speaking, so any name attached to a statement below is inferred from context and is marked (?).

What was discussed

1. 1:07
   Call to order and agenda change

   The chair opened the meeting with a quorum and the pledge. Josh (?) proposed moving new business ahead of old business out of respect for the presenters' time, seconded by Heather. There was no public comment.

2. 1:07
   MaineDOT introduction

   Jerry (?) introduced Dennis of MaineDOT's Office of Safety and Mobility, a highway safety engineer he had worked with previously, to present on crashes at Rabbit Road and Quaker Meeting House Road where they meet Route 136.

3. 6:14
   Crash history at the intersection

   Dennis (?) said 72 percent of the crashes there are angle crashes, that TomTom data puts approach speeds at 56 and 57 miles per hour against a 50 mile per hour posted limit, and that there were 18 crashes between 2014 and 2023 plus five so far in 2024. Forty-four percent of the ten-year crashes involved an injury. Sight distance was measured at over 600 feet against the 555 feet required, so visibility is not the problem.

4. 6:14
   Traffic volumes

   Annual average daily traffic is about 3,600 on Route 136 and about 1,300 on the minor roads, roughly a three to one ratio from the main line to the side roads. Turning movement counts were collected over 12 hours.

5. 11:30
   Peak hours and injury severity

   The morning peak is 7:30 to 8:30 and the evening peak, which is heavier, is 4:45 to 5:45. Over the ten years the injury breakdown was three serious, four suspected minor and one complaint of injury as the worst injury in each crash, but the 18 crashes produced 23 injuries in total. Thirteen of the 18 were angle crashes, which Dennis (?) said is what concerns MaineDOT at those speeds.

6. 17:14
   Statewide ranking

   Dennis (?) said the intersection ranks 71st out of roughly 33,000 in the state for the potential for a fatal or serious injury crash over the next ten years, is tied tenth in the state for fatal and serious crashes over ten years, and tied 15th for right angle crashes where the speed limit is 50 or more. Going back to 2003 there have been 37 crashes, 86 percent of them angle crashes, with 44 injuries. It was a designated high crash location from about 2016 to 2020 and one more crash would make it one again.

7. 17:14
   Crash diagram

   The diagram showed most crashes involve a vehicle coming from Quaker Meeting House Road trying to cross to Rabbit Road and being struck by traffic on Route 136. Asked why the police record says failure to yield when there is a stop sign, Dennis (?) said drivers are stopping and then pulling out in front of oncoming traffic rather than running the sign.

8. 22:21
   Alternatives considered

   A traffic signal met none of the 11 warrants in the manual on uniform traffic control devices, while an all-way stop did meet a warrant. Dennis also looked at a roundabout at Calvin's request. Statewide before and after work on all-way stops shows a 53 percent reduction in total crashes, 74 percent in injury crashes and 92 percent in crash costs.

9. 22:21
   Results at the town's other four-way stop

   The other Route 136 intersection was converted in March 2018. Comparing three years before and three years after, crashes fell 72 percent from 3.3 to 0.92 a year, injuries and fatal or serious injuries fell 100 percent, and crash costs fell about 98 percent, from around $400,000 to $10,000. The board asked for electronic copies of those two slides to post on the town website.

10. 22:21
    Effect on delay

    Using the highway capacity manual for the evening peak, average delay is now about 13 seconds on Rabbit Road and 14 seconds on Quaker Meeting House Road, with a whole-intersection average of about 3.8 seconds because Route 136 does not stop. With an all-way stop the intersection average would be about 9.4 seconds, an increase of roughly five seconds, with queues of about two vehicles.

11. 27:28
    Benefit and cost

    Dennis put the safety benefit at about $3.5 million in present worth over 20 years at a 6 percent discount rate, against an installation cost of about $20,000 now that MaineDOT maintenance forces do the work rather than a contractor, giving a benefit-cost ratio of almost 108. An overhead beacon produces about a 5 percent crash reduction and a roundabout has a good safety benefit but a high cost; both come out below a ratio of one, which is the threshold for federal funding eligibility.

12. 27:28
    What the installation would look like

    A changeable message sign would go up two weeks before warning of a new traffic pattern, then afterwards warning of the stop ahead. The speed limit on Route 136 would be reduced to 35 miles per hour for about 800 feet on each approach, with flashing stop-ahead signs on both sides of each approach and pavement markings including a 35 stencil, stop-ahead markings, a stop stencil and stop bars.

13. 33:04
    Sign placement and past DOT work

    A member asked whether the flashing stop-ahead signs could be kept away from directly in front of a residence; Dennis (?) said the signs are solar and need particular distances and sun exposure, and the locations shown are close to final. A member noted MaineDOT installed the four-way stop at Lunt Road and Route 125 without asking the town's permission.

14. 33:04
    What the DOT needs from the board

    Dennis (?) said the work was prompted by the data and by an earlier look at the intersection with Calvin, and that MaineDOT would install it in spring 2025. He does not need the town's permission but asked for a letter of support. Board members asked about publicising the change; Dennis (?) said MaineDOT may also issue a press release and that the town is free to redistribute his slides.

15. 38:48
    Board questions on the crash pattern

    Members discussed whether the crashes come down to inattention or speed, with Dennis saying drivers are misjudging rather than running the sign. A member said the data does not capture near misses and that his concern is the 99th percentile speed rather than the 85th percentile figure of 57. Another (?) said he preferred Calvin's roundabout idea and would like to see figures for Route 9 and Rabbit Road and for the curve with five approaches that members called Dead Man's Curve.

16. 38:48
    Letter of support

    Josh (?) moved and Joe (?) seconded that the board issue a letter of support for the all-way stop conversion. Members said the data speaks for itself and that results from the same road nearby make the case locally.

17. 38:48
    2023 financial audit

    Jen (?) presented the audit results. Fieldwork was the week of March 25, 2024 with additional days needed afterwards, and the reports were dated September 9, 2024. The financial statements received an unmodified, that is clean, opinion.

18. 44:36
    Audit findings and comparison with prior years

    There were no material weaknesses and one significant deficiency, relating to purchase card disbursements. Jen (?) said this is an improvement on 2022, which had one material weakness on cash and two significant deficiencies, and that adjusting entries fell from around 13 or 14 in the two prior years to seven.

19. 44:36
    General fund balance

    This was the first year the town split reserves out of the general fund into special revenue, permanent and capital projects funds. The assigned balance budgeted for use next year is $668,000. Fund balance before transfers rose by about $335,000, but after the transfers out total general fund balance fell by $752,000 between 2022 and 2023.

20. 44:36
    Revenues against budget

    Taxes came in slightly over budget on higher vehicle excise, state revenue sharing was about $189,000 above a conservative budget, the homestead exemption came in under budget, and charges for services were up on unbudgeted cable franchise fees and higher rescue billing. Revenues were $322,000 over budget, about 3 percent.

21. 50:12
    Expenditures against budget

    General government was under budget because consulting services were budgeted for the full year but began in May and because of staffing changes; public works was under on paving and fuel; unclassified was under because the overlay was budgeted but only about $8,300 of abatements were made. Expenditures before transfers were $152,000 under budget, about 1 percent. Jen singled out public safety, underspent by $184 or 0.4 percent, and said 2 to 3 percent of headroom would be preferable.

22. 50:12
    Other funds and operating cash

    Special revenue funds fell from $254,000 to $206,000, mostly on planned use of telecommunication franchise fees, and capital projects funds fell from $854,000 to $397,000, driven by a fire rescue vehicle purchase and by the Swamp Road culvert project and a plow truck from the public works reserve. Operating cash fell from about $4.8 million to $4.4 million, leaving roughly four months of expenditures available between the end of the fiscal year and tax collection in August.

23. 56:02
    Purchase card finding

    Jen tested 29 purchase card transactions from three months of 2023 and found 10 missing a receipt or invoice, along with some missing signed cardholder agreements. The credit card statement and supporting documentation for February 2023 could not be located at all. She attributed part of this to staff turnover and inconsistent filing, and there were two further minor comments on missing documentation for accounts payable and payroll.

24. 56:02
    Board discussion of the audit

    A member asked Jerry whether the gaps have been closed; he said processes were reorganised last year though people still make mistakes. Members said the biggest takeaway was the 1 percent budget variance against the recommended 2 to 3 percent, and Jen (?) noted a 2022 finding where public safety was actually overspent.

25. 1:01:33
    Audit reports and recommendations

    Jen (?) said three reports were issued: the financial statements, a compliance report carrying the significant deficiency and other comments, and a letter to the board covering matters such as adjusting entries. Her only recommendation was that the town revisit its purchase card policy or enforce it more strictly, since employees do not appear to be following it.

26. 1:07:03
    Eureka Community Center doors

    Jerry (?) said $9,130 in ARPA funds is set aside toward the doors, with labour at $5,800 on top of materials for three doors and hardware. The total was garbled in the recording, given as both 14,032 and 19,832, with the balance from reserves put at about $10,700. ARPA money has to be committed under contract by the end of December or it is lost, and other federal grant funds cannot be combined with ARPA.

27. 1:07:03
    Whether the doors are the right first step

    Josh (?) questioned whether the doors should come before foundation work, the parking lot or handicap accessibility, and asked which reserve, the Eureka reserve or municipal buildings capital, made more sense. Jerry also raised adding a heat source, since the heat pumps struggle in cold weather and the building envelope is inefficient, and said ARPA money could be used for that instead if the board moved quickly.

28. 1:12:49
    Vote on the doors

    The chair said the doors fail in most weather conditions, were promised to residents at the special town meeting, and that a foundation replacement would be a separate capital line requiring its own town meeting process. The motion was to authorise Jerry to spend against the quote in hand using the ARPA funds and to fill the balance from the Eureka capital improvement funds.

29. 1:12:49
    Executive session

    At 7:40 the board moved into executive session under 1 MRSA 405(6) for consultation with legal counsel, taken ahead of the remaining old business so the attorney would not have to wait.

30. 2:00:32
    Contract zoning ordinance

    Coming out of executive session, the board moved to direct the town attorney to develop a contract zoning ordinance in conjunction with the town planner. The chair explained this concerns battery energy storage systems and would let the select board negotiate siting terms with final approval given by voters at town meeting, rather than approval resting with the code enforcement officer or planning board.

31. 2:00:32
    Minimum standards for battery energy storage

    The board also moved to direct the planning board to develop a draft of minimum construction standards for battery energy storage systems that mandates contract zoning. The chair tied this to feedback from the special town meeting.

32. 2:05:33
    Historic district ordinance: where things stand

    The board took up land use Article 12 and Section 5.4 covering the Durham historic district, with recommendations from the town planner, a memo from the town attorney and a marked-up draft from the Durham Historic District Commission in hand. The commission had emailed asking the board not to move forward until it could review the attorney's input. A member said the section needs a complete rewrite rather than additions, and that the commission needs a charter separate from the ordinance.

33. 2:05:33
    Case for drafting now

    The chair said frustration with the ordinance among residents and staff means something has to change, and proposed asking the town attorney to draft an ordinance from her letter so the board has a document to work from while the commission continues its review. He said the board had asked all three parties for recommendations from the outset and now has to combine them.

34. 2:10:54
    Heather's research and the Parker Schoolhouse

    Heather (?) said she had spent six hours on the ordinance and attended the commission's last meeting. She said the commission fears being made advisory, that the ordinance covers subdivision and site plan review but leaves out conditional use review, and that nothing requires the planning board to seek the commission's recommendations. She cited the Parker Schoolhouse, where the demolition permit proceeded on a letter from Maine Historic Preservation and the commission only got to save the doorway because the developer allowed it.

35. 2:10:54
    Joint workshop proposed

    Kristen, the town attorney, suggested a joint workshop going through a draft ordinance with select board and commission members present. A member said the commission should absorb the attorney's comments and the planner's input and put a single document in front of the board, rather than the board reconciling three opinions itself.

36. 2:15:57
    Concerns about the commission

    A member said the commission's chair has said she is finished in April and that nobody stepped up the last time she tried to leave, and raised whether the commission has the specific expertise its membership is supposed to include. Members also said the process has run for a couple of years, that the commission's own recommendations were submitted and then effectively withdrawn, and that the board has to produce warrant language.

37. 2:21:34
    The architectural survey

    A member noted the comprehensive plan and land use ordinance treat an architectural survey as the starting point for changes, which would mean the order is reversed. Others said the existing process does not meet legal requirements and should be fixed first, and that if survey funding is approved in April the survey would run through 2025 and changes would not come until 2026.

38. 2:21:34
    Direction to the town attorney

    The board moved to direct the town attorney to draft an ordinance relating to Article 12 and Section 5.14, with the draft going to the commission and the board at the same time ahead of a joint workshop.

39. 2:26:51
    Timeline for the ordinance

    A public hearing must be held no sooner than seven days and no later than 30 days before the April town meeting, so members looked at February or March. Kristen (?) said she could get a draft out in December; the board agreed to take it up in the new year after the budget is handed to the budget committee in February.

40. 2:26:51
    Manager report: IT services and server

    Jerry (?) said the new IT provider goes live December 1 and that the process has gone smoothly. The provider's audit found the town's server dates from September 2017 and recommends replacement at a cost of about $14,000.

41. 2:32:41
    How to pay for the server

    Jerry (?) recommended using the remaining ARPA funds plus the telecommunications reserve line. The remaining ARPA figure and the telecom balance were both garbled in the recording, the telecom line given as both $88,000 and $888,000. Jerry also said the Barracuda email filter was where the audit report got held up and where GPCOG invitations have been going.

42. 2:32:41
    Disagreement over agenda process

    A member said expenditures should appear on the agenda in advance so the public can see and comment, noting the quote arrived on November 20 and could have made the Thursday agenda. Another member asked where the line falls, since the town does not agenda routine spending such as fuel, and said the concern was the appearance of approving expenditures at every meeting. The exchange became sharp, with one member calling a remark disrespectful.

43. 2:37:52
    Server deferred

    The mover withdrew the motion and the item was put on the agenda for the next meeting, December 10. Jerry (?) said the timing still works provided he can sign or be authorised to sign before December 31, and the installation itself could happen in February or March.

44. 2:37:52
    Motions to extend the meeting

    The board voted to extend the meeting by 10 minutes, and later by a further five minutes.

45. 2:43:01
    GPCOG northern region meeting

    Jerry (?) reported on a GPCOG meeting in Gray attended with Gray and New Gloucester, where towns described the same staffing and training problems. GPCOG will help the town produce a video explaining the fiscal year change, and Jerry plans to contact a former colleague to put it together.

46. 2:48:48
    Chair report and budget committee invitation

    The chair said GPCOG offers one free workshop a year and can facilitate meetings, which could suit a future board workshop. He also said he would email the budget committee inviting them to attend the board's first budget discussion with Jerry on December 10 as observers, so they see where budget direction comes from earlier in the process.

47. 2:48:48
    Board member reports

    Josh (?) said he had spoken with the sheriff and deputy sheriff about the vote and that they are available if the town wants the conversation again. John (?) raised the solid waste committee's charter and the absence of a standard format for committee charters, and asked whether the agriculture committee members had been notified and whether a select board liaison was assigned. Heather (?) asked that all town committee and board meetings be recorded or livestreamed and posted, to be weighed in the budget priorities discussion, and asked that the board's task tracker be kept up to date.

48. 2:48:48
    Consent agenda and adjournment

    The consent agenda was approved on a motion by Josh (?) seconded by Joe. The meeting adjourned at 9:19.

What was decided

• 1:07
  Move new business ahead of old business on the agendapassed
• 38:48
  Issue a letter of support to MaineDOT for converting the Route 136 intersection at Rabbit Road and Quaker Meeting House Road to an all-way stoppassed
• 1:12:49
  Authorise the town manager to spend against the quote for three replacement doors at the Eureka Community Center, using the ARPA funds and filling the balance from the Eureka capital improvement fundspassed
• 1:12:49
  Move into executive session at 7:40 under 1 MRSA 405(6) for consultation with legal counselpassed
• 2:00:32
  Direct the town attorney to develop a contract zoning ordinance in conjunction with the town plannerpassed
• 2:00:32
  Direct the planning board to develop a draft of minimum standards for battery energy storage systems that mandates contract zoningpassed
• 2:21:34
  Direct the town attorney to draft an ordinance relating to land use Article 12 and Section 5.14, the Durham historic districtpassed
• 2:37:52
  Server replacement funding; the motion was withdrawn and the item moved to the December 10 agendatabled
• 2:37:52
  Extend the meeting by 10 minutes, and later by a further five minutespassed
• 2:48:48
  Approve the consent agendapassed

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.

Worth knowing

• 6:14
  Dennis of MaineDOT (?) said the Route 136 junction with Rabbit Road and Quaker Meeting House Road had 18 crashes between 2014 and 2023 plus five more in 2024, ranks 71st out of about 33,000 intersections in the state for the potential for a fatal or serious crash, and carries 85th percentile approach speeds of 56 and 57 miles per hour in a 50 mile per hour zone.
• 22:21
  At the town's other Route 136 four-way stop, converted in March 2018, crashes fell from 3.3 to 0.92 a year and crash costs fell from about $400,000 to about $10,000 over the three years either side.
• 56:02
  The audit's one significant deficiency was on purchase cards: 10 of 29 tested transactions had no receipt or invoice, some cardholder agreements were missing, and the whole February 2023 statement and its documentation could not be located. The auditor recommended revisiting or enforcing the purchase card policy.
• 1:07:03
  The town's remaining ARPA money must be committed under contract by the end of December or it is lost, which drove the decision to buy the Eureka Community Center doors now rather than address the foundation or parking lot first. $9,130 of ARPA money goes toward the doors with about $10,700 coming from reserves.

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: 9 passages of motion language, against 10 decisions summarised.

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