Select Board Meeting ~ April 11, 2023

2023-04-11 · Select Board · 1:27:28 · watch on YouTube →

The Select Board met on April 11, 2023, the first meeting after town meeting, with Heather Roy attending as a newly elected member and the other new member, Joseph Roy, excused. The board elected Joe Tomm as chair, 3-0-1, after Richard George said he did not want to continue in the role and after a discussion about whether the vote should wait for a full board and whether a member may nominate himself. It then adopted the first changes to the town's permit fees in many years, raising residential construction to 40 cents a square foot, conditional use permits to $225, adding a $25 demolition fee and moving electrical permits to 8 cents a square foot with a $120 minimum, all effective the next morning. The board tabled a proposed ordinance review committee to April 25 so the Planning Board chair and town planner could attend, agreed to write to Senator Brakey and the town's state representative supporting a delay to the state affordable housing law, and sat as the Board of Assessors to accept tree growth withdrawal penalties on two lots from the estate of Roger Bertrand. The town manager also announced new town office hours from May 1: 35 hours of window time, closed Fridays.

What was discussed

1. 0:06
   Opening, welcome and agenda

   Richard George opened the meeting as vice-chair and welcomed Heather Roy, newly elected, noting that the other newly elected member, Joseph Roy, was excused. The agenda was amended to move the tree growth item below item eight, because the board has to convene as the Board of Assessors to deal with it.

2. 0:06
   Public comment

   Phyllis Brannon of Brookside Drive welcomed Heather Roy to the board, thanked the residents who came out and voted at town meeting, and said that as a member of the budget committee she looks forward to working with the board when budget season comes round again.

3. 0:06
   Electing a new chair

   Richard George opened nominations and said he did not want the role: he is undecided about running again, does not mind filling in, and thinks it better for someone who wants to take it on. Heather Roy said she would rather wait until Joseph Roy could take part, given the board would not be at full strength for three meetings, and Richard George noted the town needs a chair in place for administrative purposes.

4. 5:34
   Nomination and discussion

   Joe Tomm nominated himself. Heather Roy said she was not sure a self-nomination was appropriate and that she would have preferred a full board, but seconded so the matter could be discussed, and said residents had told her they preferred the way meetings ran under Richard George and she hoped whoever takes the chair would bear that in mind. Richard George said the chair runs the meeting and carries an administrative burden but holds no more power than any other member and has one vote.

5. 11:25
   Robert's Rules and the vote

   Alan Plummer, the code enforcement officer, said from the floor that if the board uses Robert's Rules, chapter 12 allows a person to nominate himself. The motion was then seconded and voted, and Joe Tomm became chair. The board agreed there was no need to re-elect a vice-chair.

6. 11:25
   Proposed fee schedule

   Alan Plummer (?) presented a revised fee schedule, crediting George Thebarge with the research comparing Gray, New Gloucester, North Yarmouth, Pownal and Sabattus. He explained that at the previous meeting the board had been uncomfortable changing fees that might be tied to the ordinance, so those questions are still with MMA and the town attorney, and that tonight's list covers only fees that already exist and simply change in amount.

7. 16:56
   What the fees would change to

   Residential construction would rise from 25 cents to 40 cents per square foot against an area average of 41 cents; the conditional use permit from $50 to $225 against an average of $293; demolition from nothing to $25 against an average of $55; and the electrical permit from a $75 flat fee to 8 cents per square foot for new construction. Alan Plummer (?) said the conditional use fee does not reflect the work the Planning Board does, and that the point of a demolition fee is to make people come in for a permit so he can hand them the state form requiring them to disclose hazardous materials in the building.

8. 16:56
   Whether fees should be used to limit growth

   Josh Klein-Golden asked what effect the changes would have on growth and whether raising fees is an appropriate way to limit it, saying it is a discussion residents want the board to have. Alan Plummer (?) said contractors in town are happy with Durham's fees. Members noted the ordinance directs the board to look at comparisons with area towns and actual cost, and said the purpose here is to cover the cost of the work rather than to make money or discourage building.

9. 22:48
   Whether the board gets only one chance a year

   Heather Roy raised the concern that if this is the board's single opportunity for the year, it should not vote before the outstanding legal questions are answered. The warrant article was read out: it allows the Select Board to periodically set fees for permits and applications based on analysis of actual cost and comparison with similar towns, so further changes are possible. Alan Plummer (?) said he would like to bring more, including the swimming pool fee, which is $25 in Durham against $100 in every one of five towns he checked, but that it depends on the legal advice about fees for activities the ordinance does not cover, such as solar arrays.

10. 28:05
    The electrical fee and a minimum charge

    Alan Plummer (?) noted a $120 minimum in the notes, and said it is a holdover that is not in the town's electrical ordinance. Members discussed it anyway, on the grounds that 8 cents a square foot on a 400 square foot tiny house would produce a $32 permit fee that does not cover the trip. He said he would eventually prefer a per-opening structure, which the electricians he has spoken to favour, and that the current electrical fees bring in something of the order of $8,000 to $9,000 a year, though the recording garbles the figure.

11. 28:05
    Adopting the fee schedule

    A motion was made to adopt the proposed fees, with residential construction at 40 cents per square foot, the conditional use permit at $225, demolition at $25 and the electrical permit at 8 cents per square foot, amended to include the $120 minimum for electrical permits. The changes take effect the following morning.

12. 33:26
    Manager's report: training and the ball field lease

    Jerry Douglass told Heather Roy about an elected officials workshop on April 26, held over Zoom. He reported that the ball field lease has been updated and reviewed by the town attorney and is now with the other party's lawyer; if they are satisfied it will be signed.

13. 38:39
    Proposed ordinance review committee

    Jerry Douglass put forward the proposal in section five of George Thebarge's report: a committee drawn from the leadership of the Planning Board, Board of Appeals, Historic District Commission, Conservation Commission and the Select Board to review the town's ordinances against changes coming from the legislature. Heather Roy said she supports the idea but wants at least one seat for a resident, citing a resident whose recommendations on ordinance language have been taken up, and said the proposed structure would leave out the agricultural sector, which is a large part of Durham.

14. 44:30
    Whether the Planning Board already has this job

    Members questioned whether a new committee is needed. It was argued that reviewing ordinances is already the Planning Board's mandate and that the town hired a planner for exactly this work, and that the board should not be top-heavy or place a Select Board member on every committee. Others said the Planning Board cannot address more than one ordinance issue in a three or four hour meeting alongside the applications in front of it, and that the town's ordinances have gone years without regular updating.

15. 55:05
    Tabling the ordinance committee

    Members said they could not see clearly how the committee would work or whether it would report to the Planning Board or to the Select Board, and that George Thebarge and the Planning Board chair should be present for the discussion. The board tabled it to the April 25 meeting, when the Planning Board chair is expected.

16. 55:05
    New town office hours

    Jerry Douglass said the office is moving from 28 to 35 hours of window time from May 1: open 8 to 5 Monday, Tuesday and Wednesday, 10 to 6 Thursday, and closed Friday. He said half days are inefficient and that people had been driving in on Wednesdays and finding the door locked. Heather Roy asked whether the hours will now stay put, saying a complaint she hears often is that the office hours have changed so many times that people do not know when it is open; Jerry Douglass said these are the hours, barring unforeseen circumstances, and that they fit the budgeted 36 hours.

17. 1:00:17
    Letter on the affordable housing law

    John Talbot, chair of the Planning Board, had asked the board to support a letter to Senator Brakey's office backing a delay of the state affordable housing law to July, since rulemaking is still under way and towns do not know where it will land. A public hearing on LD 214, which would exempt towns under 10,000 population, had been held that day. Heather Roy asked why the letter was not also going to the town's state representative, who lives in Durham; the board agreed to send two letters on town letterhead, signed by the chair and by John Talbot.

18. 1:05:26
    Board of Assessors: tree growth withdrawal

    The board moved into an assessors' session to consider a request from the personal representative of the estate of Roger Bertrand to remove two lots from the tree growth programme. Donna Hayes prepared the supplemental tax warrant; the penalty runs between 20% and 30% of the difference between the full tree growth value and fair market value depending on how long the land has been enrolled, and comes to $9,886.20 on one lot and $8,549.00 on the other. Members noted the tax collector's name on the form still showed the previous holder and had to be changed to Jerry Douglass, and confirmed the money is collected by the town.

19. 1:10:37
    Questions on the tree growth item and coming out of session

    Heather Roy asked why an owner would withdraw land from tree growth and was told the reasons vary, including harvesting or selling. Members discussed whether the withdrawal has to be recorded at the registry of deeds and concluded it does not, since it is a town supplemental tax rather than a deed change, and noted it is rare, one member saying he could not recall another in six years. The board then moved out of the assessors' session.

20. 1:10:37
    Consent agenda split in two

    Heather Roy said she would abstain from the March 28 minutes because she was not at that meeting, so the board split the consent agenda and voted on the minutes separately from the warrants. It then took the March 31 and April 7 warrants for payables and payroll as a separate motion.

21. 1:15:42
    How the warrant works and how items reach the agenda

    Heather Roy asked how items get onto the warrant; Jerry Douglass explained the deputy treasurer creates it from bills received and signing it authorises payment. Asked how to raise something for a meeting, he said to email him and copy the rest of the board. Heather Roy also asked whether any policy exists on how meetings are run or a code of conduct; Jerry Douglass offered a copy of Robert's Rules and said he may start separating old and new business on the agenda so members can see what has been discussed before.

22. 1:21:09
    Staff and committee reappointments

    The board accepted the annual town staff and committee reappointments as presented by the town clerk, without naming each one, on the basis that these are reappointments made every year after town meeting. Heather Roy said that as a Select Board member she should probably resign from the Board of Appeals, since the Select Board sits above it, and that she wanted to speak to Milt about whether she should also step off the budget committee; members agreed that neither would be appropriate alongside a seat on this board.

23. 1:26:24
    Upcoming meetings and adjournment

    Upcoming Select Board meetings were listed for April 25 and May 9, both at 6:30 at the town office. No executive session was needed and the board adjourned.

What was decided

• 5:34
  Joe Tomm be considered as the new chairman, moved by Joe Tomm and seconded by Josh Klein-Golden, carried 3-0-1passed
• 28:05
  Adopt the proposed fee schedule: residential construction at 40 cents per square foot, conditional use permit at $225, demolition permit at $25, and electrical permit at 8 cents per square foot with a $120 minimum. Moved by Richard George, carried 4-0passed
• 55:05
  Table the ordinance review committee discussion until the next Select Board meeting on Tuesday, April 25, so the Planning Board chair and town planner can attend. Moved by Josh Klein-Goldentabled
• 1:00:17
  Send letters on town letterhead, signed by the chair and by John Talbot, to Senator Brakey and to the town's state representative supporting a delay to the state affordable housing law and an exemption for towns under 10,000. Agreed without a recorded votepassed
• 1:05:26
  Move into Assessor's Session at 7:40 p.m., moved by Joe Tomm and seconded by Richard George, carried 4-0passed
• 1:05:26
  Accept the tree growth penalty supplemental tax warrant for two lots of the estate of Roger Bertrand, $9,886.20 on one and $8,549.00 on the other. Moved by Heather Roy, seconded by Richard George, carried 4-0passed
• 1:10:37
  Move out of Assessor's Session at 7:46 p.m., moved by Joe Tomm and seconded by Heather Roy, carried 4-0passed
• 1:10:37
  Accept the meeting minutes for the March 28 Select Board meeting, moved by Josh Klein-Golden and seconded by Richard George, carried 3-0-1, with Heather Roy abstaining because she was not presentpassed
• 1:15:42
  Accept the March 31 and April 7 warrants, both payables and payroll, moved by Josh Klein-Golden and seconded by Richard George, carried 4-0passed
• 1:21:09
  Accept the town staff and committee reappointments as presented by the town clerk, moved by Josh Klein-Golden and seconded by Heather Roy, carried 4-0passed
• 1:26:24
  Adjourn at 8:05 p.m., moved by Josh Klein-Golden and seconded by Richard George, carried 4-0passed

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 sbmeetingminutes_04_11_23_0.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.

• be considered as the new chairmancarried 3-0-1

  Moved by Joe Tomm, seconded by Josh Klein-Golden

• adopt the fee schedules that have been proposed to the Board, residential construction at .40 per square foot, conditional use permit at $225, demolition permit at $25 and electrical permit at .08 per square foot. Josh K…carried 4-0

  Moved by Richard George, seconded by Richard George

• table this discussion until the next Select Board Meeting on Tuesday, April 25th. • New Town Office Hours – Window hours will increase from 28 hours to 35 hours o Monday, Tuesday and Wednesday – 8am to 5pm o Thursday – 1…

  Moved by Josh Klein-Golden, no seconder recorded; no outcome recorded

• move into Assessor’s Session at 7:40pmcarried 4-0

  Moved by Joe Tomm, seconded by Richard George

• accept the Tree Growth Penaltycarried 4-0

  Moved by Heather Roy, seconded by Richard George

• move out of Assessor’s Session at 7:46pmcarried 4-0

  Moved by Joe Tomm, seconded by Heather Roy

• accept the meeting minutes for the March 28th SB Meetingcarried 3-0-1

  Moved by Josh Klein-Golden, seconded by Richard George

• accept the warrant(s) both Payables and Payrollcarried 4-0

  Moved by Josh Klein-Golden, seconded by Richard George

• accept the Town Staff and Committee reappointments as presented by the Town Clerkcarried 4-0

  Moved by Josh Klein-Golden, seconded by Heather Roy

• adjourn the meeting at 8:05pmcarried 4-0

  Moved by Josh Klein-Golden, seconded by Richard George

Worth knowing

• 16:56
  The permit fee changes take effect the morning after the vote: residential construction rises from 25 to 40 cents per square foot against an area average of 41 cents, the conditional use permit from $50 to $225 against an average of $293, a $25 demolition fee is created where the town charged nothing, and the electrical permit moves from a $75 flat fee to 8 cents per square foot with a $120 minimum.
• 16:56
  The code enforcement officer said the point of a demolition fee is that without one people do not come in for a permit, so he cannot give them the state form requiring them to disclose hazardous materials in the building being torn down.
• 5:34
  Heather Roy objected to electing a chair while a newly elected member was absent and questioned whether a member may nominate himself. The code enforcement officer told the meeting from the floor that Robert's Rules permits self-nomination. Joe Tomm was elected 3-0-1.
• 1:05:26
  Withdrawing two lots of the Roger Bertrand estate from the tree growth programme carries penalties of $9,886.20 and $8,549.00, collected by the town. The penalty is 20% to 30% of the difference between the tree growth value and fair market value, depending on how long the land was enrolled.

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 11 decisions summarised.

Elsewhere

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