Select Board Meeting ~ April 25, 2023

2023-04-25 · Select Board · 1:31:20 · watch on YouTube →

The Select Board met on April 25, 2023 with Richard George in the chair in place of Joe Tomm, who was excused, and with Joseph Roy attending for the first time after being elected. The board heard reports from the fire chief, the road commissioner and town manager Jerry Douglass, covering grant applications, the award of the stream crossing contract, and a problem with the town's ARPA reporting to the US Treasury. The main item was a discussion with town planner George and planning board chair John Talbot about how ordinance priorities should be set for the coming year, and about the affordable housing law taking effect July 1; the board's position was that the planning board should set its own priorities and keep the select board informed. The board reappointed Mary Fallon and Linda Litchfield to the Historic District Commission, approved the warrants, and approved the April 11 minutes with a correction to how a vote was recorded. Appointment of delegates to the Greater Portland Council of Governments was held over for more information.

What was discussed

1. 0:06
   Opening and public comment

   Richard George opened the meeting, said he was filling in for Joe Tomm, who was excused, and welcomed Joseph Roy as a newly elected member. There was no public comment.

2. 0:06
   Fire chief's report

   The fire chief reported a county grant application to MEMA for about $21,000 for radios, which he said had gone to the top of the list, and an application to Firehouse Subs for a new boat to replace one more than 20 years old obtained from the Stephen King foundation. He also reported annual hose testing, three members attending the National Fire Academy in Emmitsburg, RFPs out under the capital improvement plan with bids opening Friday at 9 for the utility vehicle and the Quint, a new fire Explorer cadet programme for ages 14 to 18, and about $36,000 in ambulance receipts unpaid over the last year and a half through Comstar billing.

3. 0:06
   Structure fire and mutual aid

   The chief reported a structure fire around midnight to 1 am the previous Friday at an occupied dwelling, on a road he gave as Old Mill Road or Mill Pond Road. Tankers and crews came from Brunswick, Lisbon and Freeport; there were no injuries, the occupants lost almost everything and the Red Cross was contacted. He said the cause was undetermined but probably disposal of smoking materials, and that the smoke detectors did not alert the occupants but a dog did.

4. 5:24
   Questions to the fire chief

   Heather Roy asked about the CPR course advertised on the department's Facebook page. The chief said it is grant funded through a college partnership with Lieutenant Joe Lamont, free of charge over two eight-hour days, and not held in Durham, and that he would make that clearer. He noted the radio line item is $2,500, so the radio grant is nine or ten times the annual budget for it.

5. 5:24
   Road commissioner's report and stream crossing bid

   The road commissioner, Calvin, reported spring cleanup of town properties, equipment readied for mowing, and gravel added to dirt roads to keep them passable in mud season, with grading next month. He and Jerry Douglass attended the bid opening for the stream crossing grant project, where Saint Laurent (?) was the only bidder and was awarded the project at $276,450, against about $300,000 available. He also reported bid specs being prepared for a 1.5-ton truck, spring weight restrictions lifted, receipt of the MDOT Roads Scholar award, and a burst water heater pressure relief valve at the Eureka Center that lifted some floor tiles.

6. 10:48
   Swamp Road stream crossing timeline and closure

   The road commissioner said in-stream work can only be done between July 15 and September 30, with decking and other work in early October and completion by about November 1. Swamp Road would be fully closed while the abutments go in, with traffic detoured, and a plan would be published as was done for another road; work on Route 125 is running with alternating traffic. Members asked to have the grant and capital amounts confirmed; the figures given were $150,000 in grant and $150,000 in capital, made up of about $101,000 approved in 2022 and $49,000 or $50,000 in 2023.

7. 10:48
   Town manager: financial services contract and ARPA reporting

   Jerry Douglass said the financial services contract starts May 1 and that Mark Roy and a staff member were coming the following Tuesday to begin onboarding. He also reported that ARPA reporting is due April 30 but he could not file because the US Treasury has no record of Durham in its system and no report was filed last year; a case number has been opened and the report will be late.

8. 16:41
   Permit fees and budgeting workshop

   Jerry Douglass said George had spoken with the town attorney and that the town can set a fee for anything it issues a permit for, including where no fee has been established. He said he had enrolled in an MMA basic municipal budgeting workshop on Friday and invited the budget committee and select board; the start time was given at different points as 9:00 and 9:30.

9. 16:41
   How wages and reimbursements are categorised

   Heather Roy said that as the new payroll and financial services are set up, payments should be broken out by category, such as mileage or cell phone reimbursement, so the budget committee can see where money is spent. Jerry Douglass said that classification already happens in the accounts and simply does not appear on the warrant, and that the town no longer does a line item budget. Richard George said a change to the budget structure would need to be an agenda item rather than dealt with in the report.

10. 26:45
    Old business: setting ordinance priorities

    Jerry Douglass introduced a discussion with town planner George and planning board chair John Talbot about what ordinance work should be taken on after town meeting, and about getting the planning board, Conservation Commission, Historic District Commission and board of appeals to talk to each other rather than work separately. George said the 2018 comprehensive plan set three goals of rural character, natural resource protection and agriculture, and that in past years work had come apart at town meeting over process.

11. 44:25
    Disagreement over who sets the list

    Richard George said the planning board should set its own priorities and then seek input, and that he did not want the board inundated with other commissions' wish lists or select board members influencing the planning board. Heather Roy suggested residents should rank a list in a survey so that work is not wasted on articles that fail at town meeting. Josh Klein-Golden argued a regular summit would let commissions offer expertise while leaving the decision with the planning board.

12. 55:49
    Affordable housing timing and the state rule

    John Talbot (?) said nothing can be adopted before the law takes effect on July 1, leaving a window in which an application could be made under state law, and recommended waiting for a town meeting rather than putting a controversial land use change to a November ballot. Josh Klein-Golden argued for acting sooner, including a possible special town meeting. George said the final state rule, released the previous week, does not allow size restrictions on units, which is why the article the town had drafted was pulled as not in compliance.

13. 1:06:21
    Solar applications with no ordinance in place

    Members asked what happens if a solar project is proposed now. George said it would come to the planning board as a conditional use with no standards to review it against, and that the permit fee is comparable to a household electrical permit. Josh Klein-Golden said the state's solar siting tool shows priority areas along two transmission lines running through Durham.

14. 1:06:21
    Greater Portland Council of Governments delegates

    Jerry Douglass said the town pays membership dues to GPCOG but has no delegates, and that two delegates and an alternate are wanted, with a summit at St Joseph's College on May 25. Members asked for more information on the time commitment and what the delegates vote on before making an appointment, and the item was held for a later meeting.

15. 1:11:34
    Historic District Commission reappointments

    The board took up two reappointments left off the previous week and reappointed Mary Fallon and Linda Litchfield. The chair noted that any discussion of the individuals would have to be tabled to an executive session; there was none.

16. 1:11:34
    RSU 5 budget validation referendum warrant

    The board signed the RSU 5 budget validation referendum warrant, which requires the signatures of the municipal officers. The town clerk, Jessica, is to post it seven days before the election.

17. 1:17:07
    Consent agenda, warrants and correction to the April 11 minutes

    The minutes were removed from the consent agenda for discussion and the April 14 and April 21, 2023 warrants for payables and payroll were approved. On the minutes, Heather Roy said two votes were recorded as three to one when only four members were present, and should read three in favour, none opposed and one abstention, with her abstaining on both the minutes and the chair vote.

18. 1:22:07
    Upcoming meetings and a proposed board workshop

    Select board meetings were set for May 9 and May 23 at 6:30, with a suggestion to meet half an hour early on May 23 to visit the public works facility, and a planning board meeting on May 3 at 6:30. The board then discussed holding a goal-setting workshop, including whether it should be facilitated; the members agreed to try one themselves first and to put the workshop on the next agenda as new business, after Richard George noted the item was not on tonight's agenda.

What was decided

• 1:11:34
  Reappoint Mary Fallon and Linda Litchfield to the Historic District Commission. The minutes record the motion by Joseph Roy, seconded by Josh Klein-Golden, carried 4-0.passed
• 1:06:21
  Hold over the appointment of delegates and an alternate to the Greater Portland Council of Governments until more information on the commitment is available.tabled
• 1:17:07
  Approve and sign the April 14 and April 21, 2023 warrants, both payables and payroll. The minutes record the motion by Josh Klein-Golden, seconded by Richard George, carried 4-0.passed
• 1:17:07
  Approve the minutes of the April 11, 2023 select board meeting, amended so that the two votes read three in favour, none opposed and one abstention. The minutes record the motion by Josh Klein-Golden, seconded by Richard George, carried 4-0.passed
• 55:49
  The board's sense of the discussion was that the planning board sets its own list of ordinance priorities and keeps the select board informed at its regular meetings, rather than the select board directing the work or a new ordinance committee being formed. No vote was taken.outcome unclear
• 1:27:21
  Adjourn. The minutes record the motion to adjourn at 8:01 pm by Joseph Roy, seconded by Josh Klein-Golden, carried 4-0.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 sbmeetingminutes_04_25_23.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.

• re-appoint Mary Fallon and Linda Litchfield to the Historic District Commissioncarried 4-0

  Moved by Joseph Roy, seconded by Josh Klein-Golden

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

  Moved by Josh Klein-Golden, seconded by Richard George

• approve the minutes from April 11th, 2023 SB Meetingcarried 4-0

  Moved by Josh Klein-Golden, seconded by Richard George

• adjourn the meeting at 8:01pmcarried 4-0

  Moved by Joseph Roy, seconded by Josh Klein-Golden

Worth knowing

• 5:24
  The stream crossing project drew a single bid and was awarded to Saint Laurent (?) at $276,450. About $300,000 was available, made up of grant and capital money, leaving roughly $25,000 for contingency if ledge or another problem is hit.
• 10:48
  The US Treasury has no record in its system of Durham receiving ARPA money, and the report due last year was never filed. The town manager has a case number and said this year's report, due April 30, will be late.
• 0:06
  The fire chief reported about $36,000 in ambulance receipts unpaid over the last year and a half through Comstar billing, and said he would bring options to the board in next month's packet.
• 1:06:21
  Durham has no solar ordinance, so a proposed solar project would come to the planning board as a conditional use with no standards to review it against, and the permit fee is comparable to that for a household electrical permit.

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 6 decisions summarised.

Elsewhere

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