March 23, 2021 ~ Select Board Meeting

2021-03-23 · Select Board · 1:43:59 · watch on YouTube →

A Select Board meeting held remotely by Zoom, two weeks before the April 6 referendum town meeting. The board approved the language of a revised ordinance restricting vehicle weight on posted ways, adding three roads and setting a $250 first-offence penalty with $500 for each offence after that, and set a public hearing for its next regular meeting. It awarded the three-year paving contract to Crooker Construction rather than the low bidder, and awarded a self-contained breathing apparatus purchase to the higher of two bids on compatibility grounds, subject to the town meeting vote. Two grant contracts for the Swamp Road and Quaker Meeting House Road stream crossings were authorised for signature, and two small tax abatements were granted for subdivision common areas that had been missed when the town stopped taxing them. Bulky waste day, the Memorial Day parade, a workers compensation safety programme and the fire department's fleet study were all left for later, several of them until a town manager is hired.

What was discussed

1. 0:32
   Roll call and agenda amendment

   The meeting was held virtually because of COVID, with each member confirming they could be heard as their name was called. The only amendment was to add item 4G, Adam Chamberlain's Eagle Scout project. Nobody was present for public comment.

2. 0:32
   Weight limit ordinance changes

   The change adds roads to the ordinance rather than altering the weight limit itself. Calvin (?) explained the town attorney wanted the penalty stated as a dollar figure in Section 6, and that statute sets a floor of $250 for a first offence while allowing a graduated scale for later ones. Three roads were added and the starting point on Old Brunswick Road was moved to the intersection with Plummer Mill Road.

3. 0:32
   Enforcement to date

   No violations have been written. The closest this year was a case where the sheriff called the operators, checked with Calvin, and issued a stern warning by agreement. Calvin (?) said the pressure has been heavier this year than most, and that the sheriff's department appears willing to track offenders down once the ordinance is in place.

4. 5:33
   Why the Old Brunswick Road start point moved

   Moving the start point keeps residents and businesses from being forced to travel two posted roads to get home, or to go around Dead Man's Curve, which is not the safest route. The intent of the ordinance is to reduce travel on the posted roads, so getting traffic onto Route 136 and the state roads quickly serves that purpose.

5. 5:33
   Year-round posting versus the spring thaw posting

   The board clarified that this ordinance is the year-round posting and is separate from the annual spring posting for thaw and freeze, which comes from state statute and from which the ordinance's exemptions do not apply.

6. 5:33
   Permits and bonds under the ordinance

   Asked why the ordinance refers to permits issued by municipal officers when the board has never issued one, members gave the example of towns in western Maine requiring a permit and a bond before wind tower components were hauled over their roads. The same power would apply if a large project proposed to use a Durham road, as the power company did when it tore up Stackpole Road.

7. 5:33
   Signage and notification

   Posted roads require permanent signage; Old Brunswick Road, Shiloh Road and Lakeland already have permanent signs, while the current orange signs are temporary. A member asked whether the town should notify haulers proactively rather than relying on drivers noticing a sign, and Calvin (?) offered to send flyers to the gravel pits to hand out to their trucks and vendors.

8. 10:58
   Exemption for side roads

   Richard George asked whether someone building on a side road such as Sand Hill Road off Old Brunswick Road would need a permit for excavation and concrete trucks, since they still have to travel the posted road to get there. Calvin (?) read the exemption as covering vehicles providing services to properties located on any of the foregoing roads. He also noted a trucking company had routed a truck onto Old Brunswick Road and had to be traced back to its headquarters to stop it.

9. 10:58
   How enforcement would work in court

   Members asked whether Calvin would have to appear in court every time the ordinance is enforced. He expected the sheriff would take a written statement, but a member pointed out a judge may well want the witness present, as with a traffic ticket. The board agreed to approve the language and post a public hearing notice at least seven days ahead of its next regular meeting.

10. 16:04
    Paving request for proposals

    All States was the low bidder and Crooker second. All bidders submitted proper bonds, met the requirements and were in by the deadline, and all quoted hot mix rather than cold mix, so the bids were comparable. The award is a three-year commitment, as the last Crooker contract was before it was extended.

11. 21:09
    Weighing price against flexibility

    Calvin (?) said All States was less flexible when he needed to shift a schedule by a week, while Crooker works around him. A board member who had previously worked for Crooker disclosed the connection and added that All States is aggressive on price but has higher employee turnover. The difference was put at about $48,000 over three years, roughly $16,000 a year, or about 5 percent.

12. 21:09
    Haul distance and season length

    Compaction depends on the mix arriving hot, and Crooker is in Topsham against All States in Richmond. Crooker's plant also stays open into November while others close around early October, which extends the town's paving season, though that also means everyone else is queuing for their trucks at that point.

13. 21:09
    Where the roads stand after last year's cuts

    Only half the maintenance paving was done last year, but the crew deliberately picked roads needing heavy construction work and box cut the bad sections themselves, so the prep is done and some roads are ready. Beaverwoods is almost finished.

14. 26:12
    The three-year commitment

    A member said he would be more willing to try the low bidder for a single year with an option to change. Calvin (?) replied that exiting would require proving a failure against contract criteria, by which point no other paving company would have room in its calendar. Members also noted that going back to Crooker after a failed year would not get the same price.

15. 31:51
    Optics of not taking the low bid

    Members acknowledged that when work is put out to bid, people expect the low bid to be taken, so the reasons for doing otherwise need to be concrete: the longer season, the shorter haul for hot material and the working relationship. Calvin gave the example of spot shimming, where he marks depressions with paint and Crooker simply does the work, while the other company asked who would be paying for it. The contract specifies a tonnage for spot shimming, and going over could cost more in extras.

16. 36:54
    Workers compensation safety incentive programme

    Ruth (?) explained that Maine Municipal Association has started a programme giving a workers compensation discount, starting at 5 percent and rising with the tier reached, for towns that follow its safety guidelines and report back. She had discussed it with Calvin and the fire chief and said these are largely things the town already does. The acknowledgement deadline has been extended to July 1 and the resolve to August 1, with self-reporting by September 1 for the following year's rate.

17. 36:54
    Whether there is a downside

    Members noted that the cost of meeting a standard can exceed the premium saving, so the criteria should be checked for anything requiring equipment or monitoring purchases. A member said his sewer district participates at no cost beyond what it already spends on safety and training, and that the programme is worth doing even at the lowest tier. Another (?) suggested the town's insurance itself should be put out to bid at some point given how much rates have risen.

18. 42:04
    Bulky waste day

    Casella agreed to provide a bulky waste opportunity at no cost, since the town had none last year, but is not comfortable doing one in May and is looking at September when more people will be vaccinated, because losing a whole crew to COVID is the concern. Under that option Casella provides labour, packer trucks and roll-offs for metal, bulky waste and tyres, but residents must sort material with metal on one side, bag or box everything in clear containers, and keep pieces to five feet or shorter.

19. 47:15
    The West Bath alternative

    The other option offered is a day on which Durham residents can take bulky waste to Casella's West Bath facility, which is a drive but logistically the simplest. Members questioned whether the sorting requirement would apply there and whether the offer could cover more than a single day. Ruth will go back to Casella with both questions and the board will return to it.

20. 47:15
    Memorial Day parade and 5K

    Ruth (?) raised the parade and fun run on her own initiative after talking to Chad, on the basis that planning would have to start now. The distancing calculation would allow up to around 950 people spread along both sides of the road, but members doubted spectators would keep apart. The committee still exists, and Joe's view was that he did not want Durham to be the only town holding a parade.

21. 52:19
    Whether to plan for it anyway

    Members suggested planning on a contingency basis with a go or no-go call a week or two out, and noted outdoor venues move to full capacity on May 24. Against that, Lisbon has already cancelled its Moxie parade, which members treated as a signal, and the school field day that normally draws people out will not happen. The feeling was that Memorial Day is too soon and that a Fourth of July or Labor Day event might be the better target.

22. 57:20
    Self-contained breathing apparatus bids

    Two proposals came back: $52,500 from Strategic Safety Dynamics for Drager equipment and $56,950 from Fire Tech and Safety of Winthrop for Scott. The chief recommended Scott on compatibility and training grounds, noting the town has spent about $40,000 over the last two years replacing SCBA bottles, that the bottles are not interchangeable between brands, and that no trade-in was offered. Members discussed whether a future RFP could simply specify Scott, and the risk of that being treated as a lockout specification.

23. 57:20
    Eagle Scout pavilion at Runaround Pond

    Adam Chamberlain, who came before the board before COVID, plans to build a pavilion on posts with a picnic table at Runaround Pond as his Eagle Scout project, and already has a permit from the code enforcement officer. The town is the beneficiary, so the Boy Scouts of America paperwork needs a signature from the town. Rob Panto (?) is the project coach and helped site it, and sketches and photographs with stakes in the ground were provided last September.

24. 1:02:33
    Heating fuel bid through GPCOG

    The town currently pays $2.70 a gallon to Downeast; the lock-in price from the GPCOG regional bid is $2.37, guaranteed for a year, from the only bidder in the entire region. Public works is the only town building burning heating oil, using around 2,000 gallons. The same bidder also won the transportation fuel bid, budgeted at around $40,000.

25. 1:02:33
    Stream crossing grant documents

    The final drafts of the two grant agreements needed only minor corrections: a typo in the email address, the spelling of Royalsborough, and changing the title from public works director to road commissioner. The state was to send the final versions but they had not arrived, possibly because the wrong email address was used again.

26. 1:07:52
    What the crossings will cost beyond the grants

    Pownal's bid opening came in at $137,000 for what is thought to be a larger structure; Durham's two are estimated at about $125,000 each, or $250,000 in total, with the town's share put at roughly $24,000 plus design. Members agreed a $40,000 cushion, combined across both crossings, is available in public works capital.

27. 1:07:52
    Whether to build this year or next

    The engineer's summary gives a recommended 2021 schedule and an optional 2022 one, and warns that waiting could add 10 to 15 percent on materials. He also expects most contractors to be booked by the fall, making bids hard to get. Calvin (?) said the project could be ready to bid in April, and members noted the town can always sit on the bids or rebid if they come back badly.

28. 1:07:52
    Signing the paving contract

    Calvin (?) asked for authorisation to meet Crooker at their plant with the engineer and sign the bid documents and contract, as was done last year. Board members recalled reviewing the document beforehand last time and asked to see it first, so it will come back at the next meeting.

29. 1:13:22
    Freeport ending its ambulance billing service

    Freeport Fire Rescue will stop running a billing service after July 1 as part of its budget changes, and has offered Durham the option of joining its joint bid for a replacement. The chief said tacking on with Freeport at the per-call rate the town uses now would net more than the percentage-of-billings arrangement most companies offer. He will research other departments' arrangements and report back, noting nothing changes until July 1.

30. 1:13:22
    Fire protection and fleet evaluation proposals

    Three responses came in: one at $44,450 the chief considered out of scope, one at $18,525 from Municipal Resources, and one from Emergency Vehicle Response, who did not price the work but wrote raising concerns about the wording of the RFP. The chief said the Municipal Resources sample study for Gray largely repackaged information the department had supplied, while EVR's work was closer to what he wanted. His recommendation was to take EVR's tiered approach and do the apparatus evaluation first.

31. 1:18:38
    What the two tiers cover

    Tier one is the apparatus and fleet assessment; tier two is the fire protection study covering station condition and location, water supply, mutual aid availability and response times, matched against what residents want for fire and EMS coverage. Board members argued tier one alone would only tell them when each existing truck needs replacing, not whether the fleet is the right fleet, which is the question they actually want answered.

32. 1:23:46
    Negotiating after the prices are public

    Members were uneasy about going back to negotiate with one firm when the other prices are now public knowledge, and said any refinement of scope would have to be offered to both. The third proposal from Public Consulting Group was set aside as far outside the range. A member observed the process would have worked better as a request for qualifications.

33. 1:28:46
    Which comes first, the fleet or the mission

    Board members argued that assessing the apparatus before deciding what the town wants the department to be is backwards, since a capital plan built on a fleet that is not the right fleet is of little use. The chief responded that the consultants have been doing this for decades and that the apparatus review is where they say the work starts, and that it is the town's job, not a vendor's, to establish what residents want. Richard George asked whether such a study would give a useful life appropriate to a town like Durham rather than an NFPA standard written to cover cities.

34. 1:33:48
    Where the study is left

    The full package was put at roughly $26,000 in earlier conversation. The chair proposed waiting until a town manager is hired, rejecting the current proposals, and inviting Emergency Vehicle Response and Municipal Resources to present to the board and the new manager, followed by a request for quote framed around the questions the board actually wants answered. No motion was taken.

35. 1:33:48
    Town administrator report

    MMA insurance carried out a property inspection that day of the town office, the Eureka, the Union Church, the river park, the fire department and the salt shed, and found nothing to correct, which Ruth (?) said she had never seen before. She is working on renewing the property and liability insurance. The annual town reports are available at the office, online and at the Get-Go.

36. 1:38:54
    Tax abatements for subdivision common areas

    About a year ago the town stopped collecting property tax on subdivision common areas, because chasing very small amounts cost more in staff time than the tax brought in. Two common areas were missed when the parcels were taken off the rolls, and both abatements before the board were to correct that.

37. 1:38:54
    Upcoming dates

    Voting on the referendum town meeting is Tuesday April 6 from 8 a.m. to 8 p.m. at the AmVets Hall, with absentee ballots available until the office closes at 6:30 on Thursday April 1. Regular board meetings follow on Tuesday April 13 and Tuesday April 27 at 6:30.

What was decided

• 16:04
  Motion by Kevin Nadeau to accept the language of the ordinance restricting vehicle weight on posted ways as edited, amended during discussion to set the Section 6 penalty at $250 for a first offence and $500 for each subsequent offence. Roll call with every member voting yes; the town's minutes record it as carried 5-0.passed
• 16:04
  Ruth will post the required public hearing notice on the weight ordinance in time for the next regular select board meeting, and Calvin will notify the gravel pits and other heavy equipment businesses of the hearing.passed
• 31:51
  Motion by Kevin Nadeau, seconded by Richard George, to accept the paving bid from Crooker Construction rather than the low bid from All States, on grounds of scheduling flexibility, a longer paving season and a shorter haul for hot mix. The chair announced the roll call as three to two; the town's minutes record the motion as carried.passed
• 42:04
  No action was taken on the MMA workers compensation safety incentive programme. With the acknowledgement deadline extended to July 1, the board will look at it again between mid-May and mid-June, once the town manager hiring is resolved, after Calvin and the fire chief have checked the criteria for anything costly.tabled
• 47:15
  No decision on bulky waste day. Ruth will ask Casella whether the offer could cover more than a single day and whether the sorting and bagging requirements would apply to the West Bath option, and the board will take it up again.tabled
• 52:19
  The board did not commit to a Memorial Day parade and 5K, agreeing it was too soon to plan with confidence, and suggested a Fourth of July or Labor Day event be considered instead.tabled
• 57:20
  Motion by Kevin Nadeau to award the self-contained breathing apparatus purchase to Fire Tech and Safety of Winthrop at $56,950 for Scott equipment, over the lower Drager bid, pending the outcome of the April 6, 2021 town meeting vote. Carried 5-0.passed
• 57:20
  Motion by Marc Farrin, seconded by Todd Beaulieu, to authorise Kevin Nadeau to sign the Boy Scouts of America application for Adam Chamberlain's Eagle Scout pavilion project at Runaround Pond. Carried 4-0; Richard George had dropped off the call.passed
• 1:02:33
  The road commissioner accepted the GPCOG lock-in price of $2.37 a gallon for heating fuel for the coming year, against $2.70 currently paid, and board members endorsed locking in rather than repeating last year's rack plus arrangement.passed
• 1:07:52
  Motion to authorise Calvin to sign the state grant contracts for both the Swamp Road and Quaker Meeting House Road stream crossings as presented, seconded by Marc Farrin. Roll call with every member voting yes.passed
• 1:07:52
  Authorisation for Calvin to sign the paving contract with Crooker was held over so the board can review the contract documents first, to come back at the next meeting.tabled
• 1:33:48
  No motion was made on the fire protection and fleet evaluation proposals. The chair's proposal, which drew no objection, was to wait until a town manager is hired, reject the proposals received, and invite Emergency Vehicle Response and Municipal Resources to present to the board and the new manager before issuing a request for quote.tabled
• 1:38:54
  Motion by Kevin Nadeau to grant a tax abatement for tax year 2020 of $182.25 on Map 2 Lot 23, a subdivision common area missed when the town stopped taxing them. Carried 4-0 with Todd Beaulieu abstaining.passed
• 1:38:54
  Motion by Kevin Nadeau to grant a tax abatement for tax year 2020 of $206.55 on Map 7 Lot 17K, the same situation. Carried 5-0.passed
• 1:38:54
  Motion by Kevin Nadeau to accept the consent agenda as presented, which included a renewal of the AmVets bottle club licence. Carried 5-0.passed
• 1:38:54
  Motion by Kevin Nadeau, seconded by Richard George, to go into executive session under 1 MRSA section 405(6)(A) on a personnel matter, at 8:15 p.m. Carried 5-0. The board adjourned at 8:36 p.m.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 sb_mins_3-23-21_final.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.

• accept the language on the Restricted Weight Limit Ordinance as presented, with edit to “Section 6: Penalties” (a $500 fine for each subsequent offense after the first one)carried 5-0

  Moved by Kevin Nadeau, no seconder recorded

• accept the paving bid from Crooker Constructioncarried 5-0

  Moved by Kevin Nadeau, seconded by Richard George

• award the SCBA purchase to Fire Tech & Safety, Winthrop, ME, pending the outcome of the April 6, 2021 town meeting votecarried 5-0

  Moved by Kevin Nadeau, no seconder recorded

• authorize Kevin Nadeau to sign the Eagle Scout project applicationcarried 4-0

  Moved by Marc Farrin, seconded by Todd Beaulieu

• go into the Assessor’scarried 5-0

  Moved by Kevin Nadeau, no seconder recorded

• grant the tax abatement for Tax Year 2020 for $182.25, Map 2 Lot 23carried 4-0

  Moved by Kevin Nadeau, no seconder recorded

• grant the tax abatement for Tax Year 2020 for $206.55, Map 7 Lot 17Kcarried 5-0

  Moved by Kevin Nadeau, no seconder recorded

• come out of Assessor’s Sectioncarried 5-0

  Moved by Kevin Nadeau, seconded by Richard George

• accept the Consent Agenda as presentedcarried 5-0

  Moved by Kevin Nadeau, no seconder recorded

• the Select Board into Executive Session at 8:15 p.mcarried 5-0

  Moved by Kevin Nadeau, seconded by Richard George

• Adjourn at 8:36 p.mcarried 5-0

  Moved by Kevin Nadeau, seconded by Richard George

Worth knowing

• 31:51
  The board did not take the low paving bid. All States was about $48,000 cheaper over the three-year contract, roughly $16,000 a year or about 5 percent, but the board went with Crooker for scheduling flexibility, a plant that stays open into November, and a shorter haul that keeps the mix hot enough to compact. The chair announced the vote as three to two.
• 57:20
  The breathing apparatus contract also went to the higher bid, $56,950 rather than $52,500. The town has spent about $40,000 in the last two years replacing Scott air bottles, and the cheaper Drager equipment would have required all new bottles with nothing offered on trade-in.
• 1:07:52
  The two stream crossings are estimated at about $125,000 each, $250,000 in total, with the town's share beyond the grants put at roughly $24,000 plus design and a $40,000 cushion held in public works capital. The engineer warned that delaying to next year could add 10 to 15 percent and that contractors will be booked by the fall.
• 42:04
  Casella will provide a bulky waste day at no cost but not before September, because it does not want to risk losing a crew to COVID. Residents would have to sort material with metal separated, bag or box everything in clear containers, and keep pieces to five feet or shorter.

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 16 decisions summarised.

Elsewhere

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