Select Board Meeting ~ October 25, 2022

2022-10-25 · Select Board · 1:52:04 · watch on YouTube →

A regular Select Board meeting given over largely to department head reports and capital requests. Fire Chief Rob Tripp reported roadside arson fires, a new unfunded state requirement for a medical control director contract before the ambulance licence renews at the end of November, and rising mutual aid EMS calls caused by a private ambulance company falling short in neighbouring towns. Road commissioner Calvin Beaumier and the chief both reported on the Newell Brook Road failure on Route 9, which adds three to four minutes to response times on that side of town. Planning board chair John Talbot updated the board on the Deer Creek subdivision, roads ordinance changes and the affordable housing work required by new state law, with a public hearing planned for late January or early February. Code enforcement officer Alan Plummer asked for a large format scanner to get the town's records out of paper; the board discussed authorising it from the municipal capital account but asked for a full proposal at the next meeting. The board authorised the town manager to sign BYOB permits, approved the consent agenda, and after executive session made four committee appointments before adjourning.

What was discussed

1. 0:13
   Agenda amendments

   The chair added planning board chair John Talbot to the department reports, moved the discussion of committee appointment applications into executive session as a personnel matter, and kept the CIP applications on the agenda while deferring review of the replacement schedules and five-year summary plan to the next meeting, because the records the town manager inherited need more work. There was no public comment.

2. 0:13
   Roadside arson fires

   Rob Tripp reported five or six roadside fires on Saturday between Royalsborough and Old Brunswick roads, apparently set, with no one caught; passers-by with dogs and water helped put them out. He noted a man had that day admitted to more than 20 roadside arson fires across several counties, and said the pattern looked different. Burn permits are high as people clean up after the storm.

3. 0:13
   Station updates

   The air conditioning is sorted and a new side door has been ordered through Portland Glass, replacing one more than 20 years old, for station security.

4. 0:13
   Newell Brook Road closure

   The fire department and EMA were notified within an hour of the Route 9 road failure, and the matter reached state EMA, which wanted a cost analysis for FEMA. The closure adds three to four minutes to response times on that side of town, and residents have to approach from the other direction to reach addresses beyond the break. The chief spent time on the contractor's safety plan, offering the Quint as a high-point technical rescue resource if a worker were injured in the excavation, and notified dispatch and mutual aid partners.

5. 6:11
   Open house, training and call volume

   The October 15 open house drew over 100 residents and donations. A live burn is set for November 20 at the Yarmouth training building, where the town pays $1,000 a year for membership. Call volume is on pace to pass 500 responses; during the storm the department ran a dozen calls from 1am, including a basement pump-out that saved a heating system.

6. 6:11
   County technical rescue team

   There is no team in the county for trench rescue, confined space or building collapse. A county team is being built through EMA with four or five members from each town, funded by grant and with equipment shared and stored across the county, so individual towns do not have to train and equip 20 to 40 people each.

7. 6:11
   Public education and a safety grant

   Grades one through eight came out for fire education on October 11, which the chief credited to Captain Dimmick. Captain Dimmick also secured a $3,000 grant from the Maine Municipal workers compensation safety fund, already spent on five high-visibility jackets and new signs for traffic and flagging. Being struck on the roadway is now a leading cause of firefighter injury and the town has had someone struck directing traffic in the past.

8. 6:11
   Rising mutual aid EMS calls

   Durham has been transporting to Sabattus, Lewiston, Auburn and Lisbon more often. The chief attributed this to a private ambulance company holding contracts in Lewiston and Sabattus falling short, so its shortfall backs up through the mutual aid chain. Transport costs are recouped and no Durham call has yet been affected, but he is tracking it and the town signed a letter about the company's effect on neighbouring services.

9. 12:03
   Unfunded EMS mandate: medical control director

   To renew the town's ambulance licence at the end of November, the service now needs a signed contract with a medical control director, replacing the regional medical control doctors who previously covered a county at no cost. Durham's is a flat rate or around $2 and change per call; larger towns such as Brunswick could pay up to $10,000. The chief will absorb it from this year's budget and has a figure for next year's.

10. 12:03
    Public works winter readiness and storm work

    Calvin Beaumier reported trucks and winter equipment ready, plows painted, hoses and belts checked and trial runs done. Storms and heavy rain washed out gravel roads, and the crew worked alongside the fire department and CMP to reopen roads before spending days on cleanup.

11. 12:03
    Newell Brook Road and the warning lights

    MDOT's regional director was looking to bring in a crane on Thursday, with hope of getting one lane open the following week. The advance warning lights at the intersection were not finished in time for the failure; the posts were in but electrician delays push the connection to the first week of November.

12. 12:03
    Paving progress and the drug and alcohol policy

    Patriots Way was paved on Friday and the crew expects to finish the remaining half of Bowie Hill through to Stackpole in the next couple of weeks. Beaumier attended supervisory training on new federal drug and alcohol regulations: a federal Clearinghouse database now records every positive test, and hiring a CDL driver without checking it carries a substantial fine. The town's policy will be amended for the manager and board to review.

13. 17:59
    Shoulders after paving

    Asked who rebuilds shoulders after new asphalt, Beaumier said the contractor is concentrating on paving before switching to shoulder work, and will not get to Swamp Road this year, where there is a ten-inch drop-off on a corner that keeps washing. The town crew will have to do it.

14. 17:59
    Planning board: projects in hand

    John Talbot said the board meets Wednesday on two projects: a non-conforming use application for what he described as agritourism activities such as seminars, and the Deer Creek 13-lot subdivision across from Patriots Way on Route 9, back for final plan approval. A completeness check comes first, then substantive review, likely finishing in December.

15. 17:59
    Roads ordinance changes

    The planning board is still working through changes to the roads ordinance, keeping the provision that acceptance of a private road is at the town's approval. It proposes to take the planning board out of approving road maintenance agreements and hand that to the code enforcement officer and fire chief, as a check that the agreement meets the town standard.

16. 17:59
    Affordable housing ordinance

    A public meeting on complying with the new state affordable housing law drew 12 to 14 people with good comment but no consensus. The town planner prepared several options, and the board has since put together a short illustrated survey to gather feedback, to go online with help from the town's IT support and possibly on paper at the election.

17. 23:29
    Public hearings and who holds them

    The affordable housing article is to go to a formal public hearing in late January or early February, with the historic and conservation commissions also bringing article changes. A member cautioned that the planning board cannot leave the resource protection hearing to the conservation commission, which is not a quasi-judicial body, and that doing so had caused problems before. Talbot confirmed the planning board will hold all the formal hearings while the commissions lead on outreach.

18. 23:29
    One option or a choice for voters

    Asked whether the affordable housing question would go to town meeting as one recommendation or a multiple choice, Talbot said the board would like to land on a single option. He said part of the planning board's job is to take the public input and make a recommendation, and that the aim is for it not to be a surprise to anyone who has been paying attention.

19. 28:44
    Town manager's report

    Jerry Douglass is reconciling what has been spent against the ARPA projects approved at the special town meeting; Comcast folded some of the installation into its regular bill, so the treasurer is separating it out. He noted DOT (?) confirmed the town had its Route 9 notice up before the state did, and that the front office has been very busy with voting.

20. 28:44
    An ice rink proposed by seventh graders

    The manager passed on an email from a class of seventh graders proposing an ice rink, and said more letters were likely since the teacher had asked for his email address. Members discussed Runaround Pond, where a group has cleared and maintained ice informally in the past, against the Eureka Center; the students argued nobody lives near the pond and the Eureka Center is walkable or reachable by bicycle after school.

21. 34:20
    What a rink would actually involve

    Members raised parking, whether public works would have another lot to plow, extra winter traffic and speeding near children, and the liability question. One member argued the town spends heavily on the school system but plans little for children outside it, and that the students were asking how they could get involved. School grounds and an approach to the RSU were floated. The first step agreed was to check the liability position.

22. 39:39
    Swamp Road property

    The property came up as a possible site. Members said the board will need to look at its long-term future after the first of the year, and that an attempted lease with Durham baseball was never signed, so the town should formally notify them there is no lease. Possible uses raised were athletic fields, a park, trails or a pump track for mountain bikes.

23. 39:39
    Building permit figures

    Alan Plummer explained his monthly report: the total estimated cost of building permits for the month was $435,866, which he said is about two houses, since applicants state the estimated value of their project. September had 24 permits and the running total is 28.

24. 45:03
    The 45-permit trigger

    There is no cap on permits. The comprehensive plan recommends that if the town passes 45 permits in a year or 100 lots approved, it consider a moratorium and review. Durham holds a waiver on a growth ordinance given the town's size, and going down the moratorium route would mean designating a growth area and taking on the requirements that come with it.

25. 45:03
    Trek Across Maine

    The American Lung Association asked to use the Eureka Center again for tents and portable toilets, as in 2019 and last year, taking care of trash and cleanup at no cost to the town. No objection was raised. The fire chief noted a real cost: with roughly 400 cyclists coming through and a rest stop with on-site medical staff, the department has to add ambulance staffing because on-site medical triggers transports.

26. 50:19
    Federal security review

    Inspectors visited and were impressed with the arrangements, spending most of their time at the school on voting; a report will follow. The concerns raised locally were exterior lighting at the town office, possibly fundable through the Efficiency Maine grant, and the lack of any barrier at the asphalt curb, where a vehicle mistaking the accelerator for the brake could come through the window.

27. 50:19
    How ARPA fits into the CIP process

    The board confirmed its understanding that department heads submit every capital request to the CIP process regardless of whether they think it should be ARPA-funded, that the committee ranks them, and that how each is funded is a separate decision. Members noted ARPA could significantly change how far down the ranked list the town can go.

28. 56:11
    The Quint upgrade request

    The chief's application asked for $100,000, combined with a previous year's reserve of $59,000, against a total estimated cost of $125,000. The board told him the amount requested must be the full cost, because reserves are not dedicated to a specific project: the fire department reserve could be spent on any apparatus, and only the Old Town Hall has a reserve tied to a specific purpose.

29. 1:01:42
    A separate capital reserve request

    The board suggested the chief also submit a capital reserve contribution request, since ARPA money cannot be put into reserves. If ARPA covers tangible capital purchases, that could free room to raise more for reserves than usual without additional cost to taxpayers.

30. 1:01:42
    Generators

    The town office generator did not start during the storm; the sensor had failed. It arrived on a FEMA grant around 20 years ago and there has been no preventive maintenance programme. A quote is being sought for two units, and members asked that grant options be explored first since EMA grants are typically matching rather than full funding.

31. 1:07:08
    Is the town office generator the right size

    Members thought the unit was sized for when this building was the emergency operations centre and possibly a warming shelter, and that an 8 or 10 kilowatt machine would now run the building; the Eureka Center is the designated shelter and the school has its own set. The fire station's 2001 generator is also failing and the maintenance contractor suggested saving toward replacement. These belong on a municipal buildings capital schedule.

32. 1:07:08
    Schedules, inventories and the CIP policy

    The board discussed its role as a filter on the replacement schedules, using the ladder truck as the example: if the town has no intention of buying a $1.2 million replacement, that should come off the schedule and be replaced with a refurbishment entry. Members were reminded the CIP policy sets out the format and horizon for inventories and schedules, and that the pavement plan, while not ranked, must be furnished to the committee.

33. 1:12:33
    Document retention

    Alan Plummer said the state archivist recommends microfiche, but confirmed in writing that scanning and requiring electronic submission satisfies the town's obligation. The town office is out of room, the paper is deteriorating, there is no catalogue and the records cannot be searched; some rolls have to be opened one by one to find out what they are.

34. 1:17:57
    Large format scanner request

    Plummer asked for a large format scanner so plans can be taken electronically, with a charge for scanning paper submissions. Public access would be through a workstation set up to open PDFs, and files can be emailed to realtors and others. Everything coming into his office has been scanned since May 5 into property folders indexed by map and lot, though the town planner had found he did not have access to the folder.

35. 1:17:57
    Paper copies for the planning board

    The planning board still wants printed sets as working documents; the ordinance already requires electronic submission alongside paper, and applicants bring ten copies. The scanner would not print.

36. 1:23:46
    Cost and how to fund the scanner

    The application says $6,500 but the figure should be $6,825, plus $395 a year for maintenance. It was suggested the board could authorise the purchase from the municipal capital account rather than wait for April, since ARPA spending needs a town vote and capital account spending does not; the account was thought to hold around $70,000 to $80,000. Members asked where it would go, and were told the unit measures 43 by 16.

37. 1:29:13
    Lease figures for the scanner

    Lease quotes were 36 months at $238.19 a month, $8,574 in total; 48 months at $184.96, $8,878; and 60 months at $155.61, $9,336. Members noted the lease payments came out higher than expected against outright purchase, and that the machine would see heavy use at first and less later.

38. 1:29:13
    BYOB permits

    Two applications were in hand, one for a surprise birthday, both already reviewed by the code officer and the fire chief. Rather than bring each to the board, the manager offered to review them himself after checking with codes and fire. It was noted a local establishment is expected to upgrade its licence, which should reduce the number of these permits.

39. 1:34:43
    Consent agenda and upcoming meetings

    The consent agenda covered the minutes of October 11, the warrants and approval of election workers. Meetings were announced for November 8 and November 22 at 6:30 at the town hall.

40. 1:50:52
    Committee appointments

    After executive session the board appointed Tyler Hutchison (?) as a regular voting member of the planning board, Mark Blake and Rod Stimson (?) as interim members of the budget committee filling unexpired terms, and Peter Jabot (?) to the capital improvement planning committee. Members thanked those who had expressed interest and stepped up.

What was decided

• 0:13
  Amend the agenda to add the planning board chair to the department reports, move the committee appointment applications to executive session as a personnel matter, and hold review of the capital replacement schedules and five-year summary plan over to the next meeting.passed
• 34:20
  The town manager will check the town's liability exposure before the board considers options for an outdoor skating area, and more generally for town-provided parks, trails and recreation sites.passed
• 45:03
  Allow the American Lung Association to use the Eureka Center again for tents and portable toilets during the Trek Across Maine. No objection was raised, and the fire chief noted the department will need extra ambulance staffing on the day.passed
• 56:11
  The fire chief will revise the Quint upgrade application so the amount requested is the full estimated cost of about $125,000 rather than $100,000 net of the existing $59,000 reserve, since reserves are not dedicated to specific projects.passed
• 1:23:46
  A motion to fast-track the purchase of the large format scanner was made and seconded, but the discussion moved to maintenance costs and no vote is recorded. The board instead asked for a full proposal with the machine, service agreement, annual cost and footprint at the next meeting, and confirmation that the municipal capital account holds the money.outcome unclear
• 1:29:13
  Authorize the town manager to sign BYOB permits, assuring that applicants have met all requirements and that applications have been reviewed with the code enforcement officer and fire chief, and public works if necessary. Moved by Kevin Nadeau, seconded by Joe Tomm; carried 5-0.passed
• 1:34:43
  Approve the consent agenda as presented, covering the minutes of October 11, the warrants and approval of election workers. Moved by Josh Klein-Golden, seconded by Joe Tomm; carried 5-0 per the minutes.passed
• 1:34:43
  Enter executive session for discussion of personnel matters under M.R.S.A. section 405(6)(A). Moved by Kevin Nadeau, seconded by Josh Klein-Golden; carried 5-0.passed
• 1:50:52
  Appoint Tyler Hutchison (?) as a regular voting member of the planning board, Mark Blake and Rod Stimson (?) as interim members of the budget committee to fill unexpired terms, and Peter Jabot (?) to the capital improvement planning committee. Moved by Todd Beaulieu, seconded by Josh Klein-Golden; carried 5-0.passed
• 1:50:52
  Adjourn. Moved by Josh Klein-Golden, seconded by Joe Tomm; carried 5-0.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 bosminutes102522.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.

• authorize the Town Manager to sign BYOB permits assuring that the applicants have met all requirements and that the applications have been reviewed with the Code Enforcement Officer, Fire Chief and Public Works, if neces…carried 5-0

  Moved by Kevin Nadeau, seconded by Joe Tomm

• Motion not recorded in wordscarried 5-0

  Moved by Josh Klein-Golden, seconded by Joe Tomm

• enter Executive Session for discussion of personnel matters under M.R.S.A.§405(6)(A)carried 5-0

  Moved by Kevin Nadeau, seconded by Josh Klein-Golden

• Motion not recorded in wordscarried 5-0

  Moved by Todd Beaulieu, seconded by Josh Klein-Golden

• adjourncarried 5-0

  Moved by Josh Klein-Golden, seconded by Joe Tomm

Worth knowing

• 12:03
  The state now requires a signed contract with a medical control director before the town's ambulance licence can be renewed at the end of November, replacing the regional medical control doctors who cost nothing. Durham's rate is flat or about $2 a call; the chief said larger towns such as Brunswick could face up to $10,000. He will absorb it from this year's fire budget.
• 0:13
  The Newell Brook Road failure on Route 9 adds three to four minutes to fire and ambulance response times for that side of town. MDOT expected to bring in a crane on Thursday, with one lane possibly open a week later, and the fire chief provided the Quint as a high-point rescue resource for the contractor's safety plan.
• 39:39
  Building permits issued during the month carried a total estimated project value of $435,866, which the code officer said represents about two houses. There is no cap on permits, but the comprehensive plan recommends the town consider a moratorium if it passes 45 permits in a year or 100 lots approved.
• 1:01:42
  The town office generator failed to start during the storm because of a dead sensor. It came on a FEMA grant around 20 years ago when this building was the emergency operations centre, and members believe it is far larger than the building now needs. The fire station's 2001 generator is also failing, and neither has been on a preventive maintenance programme.

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.

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