Select Board Meeting ~ August 12, 2025

2025-08-12 · Select Board · 2:25:27 · watch on YouTube →

The select board met on 12 August 2025, sitting briefly as the board of assessors to make the annual tax commitment and then spending most of the evening reviewing a rewritten employee handbook with the town's human resources consultant. The assessing agent reported the town is assessed at 53 percent of market value ahead of a full revaluation in April 2027, and the board adopted a mill rate of 33.58 with an overlay of $20,324. The handbook was walked through section by section, with the board flagging several items for follow-up rather than adopting anything: the holiday schedule, a wage scale and lateral transfer, the clothing allowance, retirement plan options, the health insurance buyout, the drug policy wording, the political activity clause and an artificial intelligence policy. The board also approved signing the special town meeting notice putting the select board vacancy on the November ballot, and heard the town manager's report on a fibre contract switch, solid waste figures and difficulty filling public works posts. A workshop or workshops will be scheduled to take the handbook items forward, separating those with a fiscal note from those without.

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. 0:50
   Minutes and special town meeting notice

   The board approved the previous meeting's minutes, then approved and signed the special town meeting and notice of election. The select board vacancy will be filled by ballot as part of the November election rather than by an open special town meeting, on advice from the town's lawyer and in the hope of a higher turnout; nomination papers are already available and the successful candidate serves until the next regular election.

2. 0:50
   Tax commitment

   Donna, the assessing agent, said Durham is at 53 percent of market value, so the homestead exemption is applied at $13,250 rather than $25,000 and the veterans exemption at $3,180 rather than $6,000, and that this percentage has fallen a little each year. She reported picking up $7 million in new value, which would be $14 million at full valuation. She laid out three commitment options about three cents apart: 33.55 with an $8,300 overlay, 33.58 with a $20,324 overlay and 33.60 with a $28,000 overlay, and recommended the middle one; last year's overlay was $19,750, of which perhaps $5,000 was used.

3. 6:24
   Preparing residents for the 2027 revaluation

   The board and the assessing agent discussed how to explain the revaluation, noting that roughly a third of valuations rise, a third fall and a third stay the same, and that a doubling of valuations with an unchanged budget would roughly halve the mill rate. Ideas (?) raised were an insert in the town report, an insert with tax bills, a recorded video question and answer session, and a public meeting early enough for residents to apply for current use and tree growth programmes before the 1 April deadline. The agent said the current cost tables were built when a $350,000 house was large here.

4. 16:47
   Board of assessors and commitment vote

   The board moved into session as the board of assessors, adopted commitment option two at a rate of 33.58 with an overlay of $20,324, and then returned to select board session. Members said a larger overlay is prudent because higher bills draw more abatement requests, and noted the rate looks large because it covers 18 months.

5. 22:09
   Employee handbook: introduction and hiring sections

   Betsy Olton (?), the human resources consultant engaged earlier in the year, presented a rewritten employee handbook, which the town's labour attorney Kristen Collins had also reviewed. The at-will employment statement was removed because Maine public employees are not at-will and are owed due process; a mission statement, an ADA accommodation process, immigration law compliance and an anti-fraternisation policy were added or updated; and the probationary period was changed to the statutory six months.

6. 27:38
   Recruitment, retention and lateral transfer

   The consultant said towns now recruit from each other and that pay and health insurance drive moves; the town manager said Brunswick is currently trying to hire two Durham staff. New provisions cover onboarding, and a lateral transfer rule so an experienced hire from another municipality starts partway up a wage scale rather than at step one, which was tied to the town's intention to build an actual wage plan for transparency and equal pay compliance.

7. 32:48
   Personnel files, physicals and end of employment

   Pre-employment physicals were added for safety-sensitive posts including CDL holders and full-time fire staff. A personnel files section was added, making clear that discipline records are aged out of use rather than physically removed. An end of employment section sets out payout of accrued vacation for those leaving in good standing, which public employers are not required to do but most do.

8. 38:28
   Office hours and the work week

   Prompted by a discussion on the All Things Durham community page, the consultant set out that the town office is open Monday to Wednesday 8 to 5 and Thursday 10 to 6, and that with a paid half-hour lunch office staff work a 37.5 hour week while public works works 40. Time is now built in before opening and after closing so staff are paid for setting up and cashing out rather than working unrecorded. She noted Maine law requires an uninterrupted 30 minute break after six hours, which office staff cannot always take, hence the paid lunch.

9. 43:52
   Comp time, PTO and paid family and medical leave

   Comp time was removed because banked time creates problems covering winter operations, and two personal days were added in its place; overtime will simply be paid. The consultant also advised against switching to a single paid time off bank, given the new state paid family and medical leave benefit whose payments begin 1 May 2026 and provide up to 12 weeks, with a weekly maximum tied to the state average weekly wage, currently around $1,144. A pregnant worker provision and a workplace lactation policy were added.

10. 49:26
    Vacation and sick leave payout

    Accrued unused vacation is paid out on leaving; the sick leave buyout threshold moved from 10 years to 15, with rising fractions of accrued unused sick days at longer service bands and a maximum accrual. The exact bands as read out are garbled in the recording. The consultant explained the state will decide eligibility for paid family and medical leave, that employees must be allowed to keep accruing time while out and cannot be forced to use accruals, but can top up to their base rate.

11. 54:52
    Undue hardship clause and the birthday holiday

    The consultant said Maine is the only state with paid family and medical leave to include an undue hardship clause for employers, but that because the decision rests with the employee's doctor neither she nor the programme's commissioner expects it to have much effect. A day off on the employee's birthday was added as a recruitment measure, taken only when the birthday falls on a scheduled work day rather than as a floating day; the town manager said it was his idea because Durham cannot compete on wages with Lisbon and Freeport.

12. 1:00:04
    Outside employment

    A new policy requires full-time employees to notify the town manager of a second job, so that changes to town hours can be flagged and performance problems addressed. A board member said the language read as strong and questioned whether the town needs to know about, for example, weekend roofing work; the consultant said the point is notification and liability rather than approval.

13. 1:05:15
    Political activity and expected conduct

    A board member questioned a clause, added by the attorney the previous day, barring employees from referencing their town position in political activity, asking whether a town clerk or code officer could say what they do for work when commenting on a policy; the consultant agreed to take it back to the attorney. The anti-bullying provisions were renamed expected conduct on legal advice, and a member asked whether staff can require a member of the public who is shouting or swearing at the counter to leave; the answer was that the handbook binds employees but the town manager should not tolerate such behaviour.

14. 1:10:24
    Holiday schedule

    Juneteenth and Patriots' Day were written into the handbook, with a rule that a Sunday holiday is observed the following Monday and a Saturday holiday the preceding Thursday or Friday depending on the schedule. The unresolved question is what to do with a holiday falling on Friday when the office is already closed that day, because moving it to Thursday closes the one late evening residents rely on. The board agreed to look at the year ahead and post the closures in advance rather than settle it that night.

15. 1:15:49
    Vacation accrual and leave provisions

    New employees may now request vacation in their first year, in line with the earned paid leave law, and the ability to borrow time ahead was removed. Victims of violence leave and a non-medical leave of absence provision were added, the latter unpaid and with no accrual and the employee paying the full health premium. Call-out language was standardised to call-back and mandatory work on bulky waste day, paid at time and a half, was written in at the road commissioner's request after problems this year.

16. 1:21:10
    Clothing allowance and insurance buyout

    Public works clothing allowance is split $200 for boots and $200 for pants; a board member asked that it be combined into a single sum so employees can spend it as they need. On health insurance, the consultant said the current $1,200 buyout for an employee who declines coverage is low and recommended 50 percent of the single plan premium, which she gave as $15,477 a year against $34,000 for family coverage. One employee is currently eligible, and the change would have to be budgeted.

17. 1:26:12
    Retirement plan options

    The consultant explained the difference between the MainePERS PLD plan A, with no cost of living adjustment, and the AC plan with one, which costs both sides roughly one and a half percent more. She recommended letting employees choose either MainePERS or a MissionSquare defined contribution plan with a town contribution of around 6 percent, at a set-up cost she put at $200 to $400, on the grounds that mandatory MainePERS is a deterrent for younger hires and for people coming to municipal work later in a career. Questions about Social Security and the repeal of the windfall provision were left to be confirmed.

18. 1:32:09
    Performance reviews

    The lengthy performance appraisal process was cut back, with the consultant recommending six-monthly check-in conversations rather than formal appraisals, since municipal reviews are usually not tied to pay. She also recommended documented check-ins at two and four months during the six-month probationary period rather than a decision at five months and three weeks.

19. 1:37:10
    Safety, fitness for duty and the drug policy

    A safety policy earns an insurance credit and a fitness for duty provision was added so an employer can require assessment where someone appears unable to do the job. Josh, who said he is a former drug prosecutor, objected that the policy cites the federal Controlled Substances Act, which covers marijuana, and does not define being under the influence, when marijuana stays in the system for days. The consultant said the practical safeguard is MMA reasonable suspicion training for one or two staff and agreed to look at the wording again.

20. 1:42:20
    Tobacco and nicotine

    The tobacco policy covers vaping and bars tobacco use in town buildings and vehicles and within 20 feet of a door or window under state law. A board member asked whether nicotine pouches that are not tobacco products fall within it; the answer was that they probably do not as drafted. The consultant said towns whose staff use chewing tobacco often leave it out rather than have a policy they will not enforce.

21. 1:47:22
    Technology, social media and artificial intelligence

    The social media policy was rewritten to reflect public employees' free speech position. A board member noted there is nothing on artificial intelligence and described a six-month moratorium and disclosure rules in his own workplace; an AI policy will be added as an appendix once it has been through the attorneys. The credit card, vehicle use and CDL substance abuse appendices were also covered.

22. 1:57:55
    Next steps on the handbook

    The board asked for compliance checklists showing where records live and how each section is actually followed, and agreed to hold one or more workshops. The follow-up list was the holiday schedule, the wage table and lateral transfer, the clothing allowance amount, retirement options, the insurance buyout, folding the birthday into holiday leave, reasonable suspicion training and the political activity and drug policy wording, with items carrying a fiscal note handled separately.

23. 2:03:00
    GPCOG grant for agriculture and energy planning

    The town manager reported that the town planner had been offered the chance to apply for a $75,000 grant through GPCOG with no local match, to act as seed money for a plan to develop agriculture and alternative energy in the local economy. Board members credited the town manager with building the council's confidence in Durham's ability to deliver.

24. 2:03:00
    Town manager report: surplus boat and solid waste

    The town boat was put out to bid and sold for $3,888 on the only bid received. The biennial municipal solid waste report to the DEP puts Durham at about 32 percent diversion against a state goal of 50 percent, which does not capture home composting; the clothing bin took in six tons over three quarters, about eight tons a year.

25. 2:08:03
    Phone and internet contract, and other business

    The Comcast contract is up and the town will switch to Consolidated for fibre, saving just under $300 a month or about $15,000 over five years, with better streaming; the Eureka Center still needs a working electrical box upstairs. The town manager and the town planner will attend a GPCOG public forum on LD 1829 on housing. A board member asked the town manager to keep a running list of cost savings; he said he is already stretched.

26. 2:13:27
    Public works vacancies and pay comparison

    The town manager presented a comparison of Durham public works wages against advertised starting wages in nearby towns taken from the MMA site, averaging about $24 an hour, which is above what Durham employees with six and nine years of service earn. One position may be about to be filled and one remains open; a recent hire showed up for two days and did not return. Board members noted the insurance buyout change could form part of a total compensation answer.

27. 2:13:27
    Brush fire and mutual aid

    A board member recognised the fire department for the response to an overnight brush fire, described as the largest the chief has seen since arriving, with the Forest Service attending and around nine departments from surrounding towns sending staff.

28. 2:18:58
    Text alerts for road closures

    Josh (?) raised that a road closure at Rabbit Road and Route 9 did not go out on the town text alert. Members said the fire chief is hesitant to broadcast closures because it draws onlookers and because recent incidents have involved minors and fatalities where next of kin had not been notified, and that some reported closures are only traffic control. The board left it to the chief's discretion for now and noted a policy may be worth developing.

29. 2:18:58
    Consent agenda and upcoming meetings

    The consent agenda was approved. Upcoming dates given were the select board on 26 August at the fire station at 6.30, town offices closed Monday 1 September for Labor Day, the planning board on 3 September and the agriculture committee on 3 September at the Eureka Center at 7.00. The 26 August agenda will finalise goals and objectives and take the town manager's annual review and contract renewal. No executive session was needed.

What was decided

• 0:50
  Approve the minutes of the previous meetingpassed
• 0:50
  Approve and sign the special town meeting and notice of election putting the select board vacancy on the November ballotpassed
• 16:47
  Move into session as the board of assessorspassed
• 16:47
  Adopt tax commitment option two, a rate of 33.58 with an overlay of $20,324passed
• 16:47
  Leave the board of assessors and resume as the select boardpassed
• 1:57:55
  Hold a workshop or workshops to take forward the handbook items, separating those with a fiscal note from those without, rather than adopting the handbook at this meetingpassed
• 2:03:00
  Apply for the $75,000 GPCOG grant for agriculture and alternative energy economic planning; the vote is only partly audibleoutcome unclear
• 2:18:58
  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

• 0:50
  Durham is assessed at 53 percent of market value, so the homestead exemption is worth $13,250 rather than $25,000 and the veterans exemption $3,180 rather than $6,000. That share falls a little each year until the full revaluation, which is set for April 2027, which is why bills rise even when the rate does not.
• 43:52
  The state paid family and medical leave benefit starts paying on 1 May 2026, giving up to 12 weeks with a weekly cap tied to the state average weekly wage, given as about $1,144. Partly because of it, comp time was removed from the handbook and two personal days added.
• 2:13:27
  Advertised starting wages for public works jobs in nearby towns average about $24 an hour, more than Durham pays employees with six and nine years of service. One post is vacant, and a recent hire worked two days and did not return.
• 2:18:58
  Residents are not always alerted to road closures by text. The board heard the fire chief avoids broadcasting them because it draws onlookers and because recent incidents involved minors and fatalities; there is no policy, and the board left it to his discretion.

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 8 decisions summarised.

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