Select Board Meeting ~ May 24, 2022

2022-05-24 · Select Board · 1:44:32 · watch on YouTube →

A Select Board meeting on 24 May 2022 with only three of the five members present, chaired by a member filling in for Kevin Nadeau. Because three members were seated, several matters were deliberately held for a full board, including a Comcast speed upgrade for the town office and the Historic District Commission's request to be converted from a decision-making commission into an advisory committee. The road commissioner reported that new Army Corps requirements had forced a redesign of the town's culvert project, so only one of the two crossings can be built and at $54,500 more than budgeted, leaving questions about whether the town meeting appropriation allows the two grants to be merged. The board signed off on the certified ratio declaration at 80 percent and appointed a Board of Appeals alternate to a regular seat, and heard that five applications had come in for town manager and three for the part-time deputy post. Public comment covered a stalled Union Church committee, how appeals of code officer decisions are routed, and an offer to survey residents on a fireworks ordinance before the Fourth of July.

What was discussed

1. 0:04
   Call to order with three members

   The meeting opened with the Pledge of Allegiance, chaired by a member filling in for the absent chairman. A quorum was confirmed with three of the five selectmen present.

2. 0:04
   Fire chief's report: flags, parade and training

   The flags were up on the poles, done by Keith Russell on his own initiative as a long-time member of the department. There would be no parade but the department was sending a pumper truck, and the chief had completed a three-day threat and hazard identification and risk assessment course through the county that also bears on local grant eligibility.

3. 0:04
   EMT of the Year

   Lieutenant Joe Lamont was named EMT of the Year by the American Legion, chosen across what the chief put at around 143 posts in the state. The chief would travel to Brewer on 11 June for the convention to represent the department.

4. 0:04
   Grant writing for a new radio system

   A member was sent to a two-day grant writing class and is preparing an application of roughly $250,000 to $300,000 for a full radio system. The federal AFG grant does not open until October and then runs about a six-month window, and each application takes about 40 hours of work.

5. 0:04
   House numbering programme

   After difficulty finding a house on an EMS call, the department started a house numbering programme using public education money. With permission it will put four-inch numbers at the front of a property.

6. 0:04
   Fire department fuel costs

   The department budgets $4,400 a year for fuel and spent about $4,000 last year with no contract, at rates between two and four dollars. In the first quarter of this year it had already spent $3,000, putting it on pace for $9,000 to $12,000, and the chief was looking at joining the road commissioner's fuel contract and keeping the larger trucks off the road except for calls.

7. 5:43
   Public works report

   The crew painted the dividers and urinals at the town property and built a salt shed door at the back of the building. Ditching on Sand Hill was finished that day, and the crew moved to Davis Road to pick up trees three or four feet across that CMP had left in the right of way.

8. 5:43
   Why the culverts were not installed last year

   New general permit and Army Corps requirements reclassified the stream crossings as significant salmon habitat, and the Corps became far more involved. The design had to be redone with elevation shots well upstream and downstream to establish whether the stream is where it should be or the product of badly installed culverts in the past, with a requirement for 20 percent extra capacity above the pipe for debris.

9. 5:43
   One crossing becomes a bridge

   The Swamp Road crossing comes in at 18.5 feet, just under the 20-foot threshold at which a structure is classified as a bridge, which would require state numbering and inspection every two years. The Quaker Meeting House Road crossing would exceed 20 feet, and making the work meet the Corps criteria meant changing from an arched metal plate to concrete abutments and slabs.

10. 5:43
    The cost of the redesign

    The change from metal arch plate to concrete adds $54,500. Against a bid amount of $165,025 and a remaining fund balance of $217,500, the total needed becomes $219,525, leaving a shortage of $2,025 that the road commissioner proposed to cover from his professional services line rather than seek a new appropriation.

11. 12:02
    Whether the town meeting money can be merged

    The board's difficulty was that the public would be getting one structure rather than two, and members were unsure whether town meeting had funded them as one article or two. The suggested course was to check the wording of the warrant article: if it combined both, the board can proceed, and if not, that has to be reported back.

12. 12:02
    The DEP grants and the construction window

    The two DEP grant applications were made and approved separately, and members were concerned the department would take back the funding for the second crossing, noting the town is already on its one round of extension. In-stream work can only be done between 15 July and 30 September.

13. 12:02
    Code officer transition and thanks

    The road commissioner reported he was transitioning code enforcement work over to the new code officer, who was in class, and that his phone was ringing considerably less. The board thanked him for keeping the town afloat while the code officer post was vacant and passed on compliments it had heard about the crew.

14. 17:22
    Certified ratio declaration

    Mitch Berkowitz (?) explained that the town must report its certified ratio declaration to Maine Revenue Services annually, returned by 1 June, and that it requires the board's signatures. The state certified 73 percent for 2022, which the town may adjust by 10, giving a declared ratio of 80 percent applied to all exemptions, personal property and tree growth values, and used for reimbursement of the homestead exemption.

15. 17:22
    The widening gap between market and assessed values

    Berkowitz (?) said market pricing is moving away from assessed values and that a mathematical adjustment will not hold indefinitely, with a full revaluation likely in the next few years. Communities across the state are waiting to see post-pandemic effects and are setting money aside for interior inspections rather than the windshield inspections Durham currently does.

16. 17:22
    What a three-member board means for votes

    After the vote, the chair noted for people watching at home that with only three members present a motion supported by two would not pass. All three had to agree for anything to carry.

17. 17:22
    Thirty-day tax lien notices

    The statutory 30-day taking notices will be dated to run from 1 June, giving delinquent owners notice before the sequence that can lead to a lien and eventual taking of the property. Berkowitz (?) noted a municipal tax lien outranks other statutory liens and that the town can choose not to take a property depending on what is on it.

18. 23:24
    Proposal not to notice amounts under $20

    The recommendation was that any balance under $20 no longer be noticed. This year there are 11 parcels owing under $20 for a total of $35.83, while a certified letter costs $7.38 plus staff time. Small balances typically arise from short payments and attached fees.

19. 23:24
    Objections to writing the balances off

    A member said he was not comfortable writing off amounts simply because people made a mistake, and asked what the unintended consequences and accounting treatment would be. Berkowitz (?) said it is standard municipal practice, that writing off anything under $100 would raise an auditor's eyebrows but $20 would not, and that between 85 and 110 people a year receive these notices.

20. 28:34
    Motion on the $20 threshold

    The question was put to set the minimum amount for collection of tax liens at $20 or greater for this year only, covering these 11 parcels. It was seconded and the board moved into discussion.

21. 33:38
    IT team and the website

    Berkowitz credited Devin and Kimberly, the town's IT team, for getting material onto the website faster and in a more informative form. He noted that people using the building's wi-fi to record and send video causes a degradation of service.

22. 33:38
    Proposed internet speed upgrade

    Comcast had already replaced the modem at no cost, and the proposal was to subscribe to higher upload and download speeds at $179.93 a month, put at about $1,260 for the remainder of the fiscal year. Devin (?) said the town's IT services company recommends at least 30 megabits per second upload for streaming, and that the first Comcast tier offering it also provides 300 down.

23. 33:38
    Connecting the Eureka Center

    New equipment is planned at the Eureka Center in September, with the link provided by air fiber, a line-of-sight dish beamed from the town office rather than a trench. A tree or two might have to come down.

24. 39:19
    What the upgrade would and would not fix

    Members established that the town website is hosted on Drupal's servers, so the upgrade affects local speed rather than public access to the website. A member argued that making the office run faster is the real benefit and that streaming should not be the driving factor, and another raised whether fog or weather would interfere with a line-of-sight link, which the IT company said should not be a problem over that distance.

25. 44:52
    Cost against the current bill

    Members noted the town currently pays around $60 covering cable with internet effectively included, and that $179.93 on top was a significant ongoing expense in a tight budget. It was also pointed out that the original question had been how to get service to the Eureka Center, not to upgrade the town office.

26. 50:03
    Going back to the internet service provider first

    Members agreed the right starting point is the provider rather than the consultant: find out what the town currently has, what it pays, what tiers are available and whether a package could cover one, two, three or four town buildings. Comcast would not need to attend a meeting, only supply a simple matrix of scalable options through the IT team.

27. 55:06
    GPCOG representation

    Durham had been invited to nominate someone to the GPCOG board. Members noted the town struggles to fill its own boards and that residents cannot volunteer for something whose time commitment and remit they do not understand; with Rob Pontau off, Kevin Nadeau is the town's only representative.

28. 55:06
    Energy costs

    Berkowitz (?) reported the town is at a standstill on energy and is not moving forward on any contractual basis. Prices were considered too volatile to commit.

29. 1:00:10
    Board of Appeals alternate vacancy

    One of the two Board of Appeals alternates had been moved up, leaving the board with a potential shortage of alternates. The two alternates were given as Paul First (?) and Ms Roy, with Paul the more senior, and the board had been told second hand that he would take the regular seat.

30. 1:00:10
    Historic District Commission given time

    The chair allowed the two Historic District Commission members present six minutes between them, treating it as public comment within the manager's report. They explained the commission has liability for the decisions it makes about people's property and that, after discussions with George, it wants to change that.

31. 1:05:31
    Request to become an advisory committee

    The commission asked to become a committee with an oversight role rather than a body making binding calls on private property alongside the code officer. Because the commission is defined in the land use ordinance, the change would require an ordinance amendment and a town vote.

32. 1:10:42
    Doing away with the district in favour of the listed properties

    One option discussed was abolishing the historic district and giving the commission oversight of the ten properties in town that are on or eligible for the National Register, since the district does not contain all of them. Members noted Durham is hard to compare with Topsham or Castine given its rural and agricultural character.

33. 1:10:42
    What section 5.14 currently protects

    The commission pointed to the bullets drawn from section 5.14 of the land use ordinance: stone walls, granite posts, abutments and markers over 100 years old cannot be torn down unless relocated, and cemeteries cannot be disturbed. A privately owned former school building in town was raised as a live example.

34. 1:10:42
    Board says this needs the full board and the proper channels

    The board said the request would take several meetings, input from other groups and ultimately a town vote, and should be scheduled when all five members are present. It said the proper route starts with George and may run through the planning board and codes before returning to the select board, and declined to be drawn on the specific property.

35. 1:16:43
    The suggested ordinance changes

    The three changes the commission was happy with were narrowing the district's focus to the properties the state has identified, revising section 5.14 so notification runs to abutting properties rather than 1,500 feet, and revising the charter to make the group advisory. The board asked that the liability question be set out clearly for the fuller discussion.

36. 1:16:43
    Meeting the affected property owners

    The commission said it had discussed holding a meeting with the owners of the ten properties, and possibly abutters, so they know what is proposed. The board said it would not stop them and encouraged a workshop, noting the change would ultimately be decided by the town rather than by the board.

37. 1:21:51
    Public comment: the Union Church committee

    A resident asked what had become of the committee for the Union Church that the board voted to form in December 2021. The board said it did not ring a bell given the turnover since and would have to get back to her.

38. 1:21:51
    Public comment: where an appeal goes

    She also asked who hears an appeal of a code officer's determination on a permit. The board said the Board of Appeals is the authority; she had submitted hers to the code officer, and Berkowitz was asked to research it and report back.

39. 1:21:51
    Public comment: streaming and data

    Heather Roy (?) said that when she streams the meetings she uses her own mobile data and not the town's wi-fi, and asked the board not to weigh that in the internet discussion.

40. 1:21:51
    Public comment: a fireworks ordinance survey

    Heather Roy (?) raised the fireworks question, noting a resident named Michelle had come in with concerns about livestock ahead of the Fourth of July. She offered to run a resident survey as she had before, which last time drew about 100 responses, but only if the board would actually use it.

41. 1:27:38
    Board's response on fireworks

    Members said the question had been brought twice and there had simply not been time, and that the previous draft was very restrictive and needed cleanup before anyone would push it to the town. They also noted enforcement is difficult without local officers on the ground, and welcomed a resident championing it and petitioning.

42. 1:27:38
    Suggestion of a joint internet package

    Heather Roy (?) suggested looking at whether Durham businesses could buy into a package alongside the town, on the model of the municipal solar buy-ins done elsewhere. She was not sure whether that is offered for internet service.

43. 1:33:00
    Auburn's comprehensive plan amendment

    The town received notice that Auburn has asked the Department of Agriculture, Conservation and Forestry to review its comprehensive plan amendment for consistency with Maine's Growth Management Act, and is taking comments. The board suggested the planning board might look at whether anything in it affects Durham, such as development or power lines near the town line.

44. 1:33:00
    Budget committee caucus

    The annual caucus for nominating budget committee members had come round again, with no takers as usual. The board agreed to post it publicly for volunteers.

45. 1:33:00
    Voting warrant articles by ballot

    A member raised the idea, from a conversation with a resident, of holding the town meeting discussion and then putting the warrant articles to a ballot vote, noting turnout at the polls during the pandemic compared favourably with attendance at the recent town meeting. Others noted the difficulties: the town's form of government, the resources a separate ballot needs, and that a ballot removes the ability to amend a question from the floor, though a secret ballot is less intimidating for some.

46. 1:38:27
    One-day liquor licence on the consent agenda

    The application was for a one-day outdoor event licence rather than a full liquor licence, of the kind used for AMVETS events and weddings in town. It was left on the consent agenda, with any member free to pull it out for separate treatment.

47. 1:38:27
    Town manager search

    Five applications had been received. A special select board, citizen and staff meeting was posted for Thursday, which would open and go immediately into executive session on personnel matters, with the group sorting applications into three categories. Berkowitz (?) noted a difficult market, with manager positions opening across the state and incumbents leaving to retire rather than move.

48. 1:38:27
    Part-time deputy post

    Three applications, all from Durham residents, came in for the part-time deputy position of 10 to 20 hours depending on need. The two front office staff and Berkowitz would interview them, and he said he would bring his recommendation to the board in executive session rather than use the manager's full hiring authority, since he is interim and the board owns the decision in the long run.

49. 1:38:27
    Consent agenda and town news

    The consent agenda was moved as written with the option for any member to remove an item. The town manager hiring committee was posted for 26 May 2022 at 6:30 p.m. at the town office.

50. 1:43:52
    Executive session

    The board moved to enter executive session for personnel matters. The recording ends during the motion.

What was decided

• 12:02
  Hold the culvert funding question over to the next meeting while the town checks the wording of the town meeting warrant article, to establish whether the two crossings were funded as one appropriation or two, and confirms the position with DEP on the second grant. Agreed in discussion as due diligence; no formal vote was taken.tabled
• 17:22
  Adopt and execute the certified ratio declaration, declaring a ratio of 80 percent, for return to Maine Revenue Services by 1 June. Moved and voted, with the chair counting three in favour.passed
• 28:34
  Set the minimum amount for collection of tax liens at $20 or greater for this year, so that the 11 parcels owing under $20, totalling $35.83, would NOT be sent 30-day notices. The motion was made and seconded and the board moved into discussion, but the recording does not state a result before the meeting moved on to the next item.outcome unclear
• 44:52
  Do NOT approve the Comcast speed upgrade at this meeting. Members were unwilling to commit $179.93 a month with only three of five present, and directed that information be obtained from the internet service provider on current service, current cost and package options covering one, two, three or four town buildings, for the full board to decide. Agreed in discussion; no formal vote was taken.tabled
• 55:06
  Rather than nominating anyone now, put a description of the GPCOG representative role on the town website and see whether a volunteer comes forward. Agreed in discussion; no formal vote was taken.passed
• 1:00:10
  Appoint Paul First (?) as a regular member of the Board of Appeals and authorize the town manager to accept applications for another alternate. Moved and seconded, with the chair counting three.passed
• 1:10:42
  Hold the Historic District Commission's request to become an advisory committee for a meeting at which the full board is present, on the basis that it will take several meetings, input from other town groups and ultimately a town vote. Agreed in discussion; no formal vote was taken.tabled
• 1:33:00
  Put the question of voting town meeting warrant articles by ballot on a future agenda when the chairman is present, rather than pursuing it with three members. Agreed in discussion; no formal vote was taken.passed
• 1:38:27
  Accept the consent agenda as written, including the one-day outdoor event liquor licence application, with any member free to request an item be removed. The chair stated the consent agenda was approved.passed
• 1:43:52
  Enter executive session for personnel matters pursuant to 1 M.R.S.A. section 405(6)(A). A motion and a second are audible, but the recording ends before any result is stated.outcome unclear

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

• 5:43
  New Army Corps requirements treating the crossings as significant salmon habitat forced a full redesign of the culvert project. Only one of the two crossings can now be built, the change from a metal arch to concrete adds $54,500, and in-stream work is confined to 15 July to 30 September.
• 0:04
  The fire department budgets $4,400 a year for fuel and had already spent $3,000 in the first quarter, putting it on pace for $9,000 to $12,000. Stopgap measures include keeping the larger trucks off the road except for calls.
• 17:22
  The state certified Durham's assessment ratio at 73 percent, adjusted to a declared 80 percent. The interim manager warned that the gap between market prices and assessed values is widening and that a full revaluation is likely within a few years.
• 1:05:31
  The Historic District Commission asked to stop making binding decisions on private property and become an advisory committee, saying members carry liability for the calls they make. The change would require amending the land use ordinance and a vote of the town.

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

Elsewhere

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