Select Board Meeting ~ May 12, 2026

2026-05-12 · Select Board · 2:03:51 · watch on YouTube →

The Select Board met on May 12, 2026, largely to finalise the budget and the town meeting warrant. It voted to pursue legal action over violations at a local gravel pit and to let the town attorney and town manager Jerry settle a consent agreement allowing limited operations to resume while the violation is pursued separately. Planning board chair Brian (?) and town planner George Thebarge (?) presented the land use ordinance changes produced by roughly 18 months of codification work, and the board moved the warrant language forward. The board heard the budget committee's recommendations, which would cut $76,226 from the select board's budget, declined to adopt the cuts, restored bulky waste day at $20,000 with $5,000 of offsetting revenue, added $3,230 to EMT part-time wages offset by $4,000 in ambulance revenue, and adopted the budget with one member opposed. It then amended Article 18 to limit snowmobile trail access language, approved the warrant articles as amended, and rescheduled its remaining meetings before town meeting to a single meeting on June 2.

No written minutes could be matched to this meeting. The transcript records that the speaker changed but never who was speaking, so any name attached to a statement below is inferred from context and is marked (?).

What was discussed

1. 3:20
   Gravel pit violations and legal action

   The board had just voted to pursue legal action over the pit, which was permitted for 5 acres and is operating beyond that, following two recorded violations and a stop work order. The chair said details could not be discussed because it is an ongoing legal proceeding. The operator's attorney, Emma, said her client had stopped work that morning and would continue to comply.

2. 9:05
   Delegating authority on a consent agreement

   The town attorney had met the operator's attorney and the two are working towards a consent agreement. The board discussed delegating authority to Jerry to sign it rather than calling another meeting, on the understanding that he would bring it back if he or the attorney were not comfortable. Members stressed that any agreement must keep operations within the original permit and does not absolve the violation.

3. 9:05
   Land use ordinance: minor policy changes

   Brian (?) listed seven minor policy changes: back lots and private ways, including reducing single back lot driveway width from 20 feet to 16 feet; simplified standards for expanding non-conforming residential structures; planning board discretion over vegetative buffers on new subdivision roads; removing water storage systems as a fire protection option in favour of fire ponds, existing sources or sprinklers; definitions for cannabis cultivation and a prohibition on aggregated grows exempt from state permitting; manufactured housing and accessory apartment standards brought into line with state law; and clarification of how road frontage is measured. The fire chief indicated he was satisfied with the narrower driveway width.

4. 15:01
   Land use ordinance: administrative changes

   Ten administrative changes were listed, including updated subdivision road and driveway standards adopting MDOT sight distance rules, moving zoning boundary interpretation from the board of appeals to the planning board, a readiness to serve letter for solid waste collection in subdivisions, reduced scope of campground review to avoid duplicating state permitting, longer submission deadlines with fewer printed copies, delegation of non-substantive text corrections to the select board, proof of payment of taxes with applications, and a clarification on tree clearing.

5. 20:22
   Proof of payment of taxes

   Members asked how the new requirement would work where a developer uses separate entities or has unpaid taxes on other properties. George Thebarge (?) said the check applies to the property at issue, but that non-payment elsewhere is evidence an applicant lacks the financial capacity to carry the project, which is already a criterion for approval. The check would be made at the preliminary plan stage rather than later.

6. 25:30
   Tree clearing during subdivision review

   The change clarifies that clearing trees for development purposes after an application is filed and before final approval is a violation. George Thebarge (?) said the town attorney already holds this view but the ordinance is not clear, and that the bat roosting season restriction from about June 1 to August 15 gives developers a motive to clear early. He said storm water calculations are based on the land being wooded, so clearing changes the engineering under review.

7. 30:46
   Codification and next steps

   Part three is the codified land use ordinance, with over 100 edits for punctuation, grammar and consistency, including replacing 'selectmen' with 'select board'. Some topics were deferred to next year. A final public meeting on the changes is set for May 20, at which no further changes can be made, and Brian (?) said he intends to repeat the presentation at town meeting.

8. 36:16
   EMT service funding

   EMT shifts are going unfilled because of wage levels, putting 24-hour coverage at risk. Part-time staff wages on line 3720 rise from $296,770 to $300,000, an increase of $3,230, offset by raising the ambulance fees revenue line from $125,000 to $129,000, leaving the town about $770 ahead. The fire chief said the higher revenue estimate reflects the 20 percent increase in billable ambulance rates authorised in March.

9. 41:43
   Cost recovery for accidents and traffic control

   The department does not currently bill for traffic control done for CMP, for responses to motor vehicle accidents, or for extrication and fluid cleanup, all of which neighbouring towns bill for. A third-party billing vendor based in Maine would handle it. A contract and a policy change will come to the board separately.

10. 47:02
    Budget committee recommendations

    The chair read the recommendations emailed by budget committee chair Milt Simon (?). They include phasing the wage table over two years, cutting the town manager's raise to 6 percent, removing the unemployment line, reducing business services, removing the text messaging service, removing $2,500 for select board tablets, reducing a full-time post to part-time without benefits, cutting department head raises to 6 percent, cutting the fire department capital reserve from $140,000 to $40,000, zeroing the municipal buildings capital reserve, and using $350,000 of fund balance instead of $500,000. The total is a net reduction of $76,226.

11. 52:10
    Effect on the average tax bill

    The chair said the select board's mill rate is $25.42 and the budget committee's is $25.22. On a $300,000 valuation the budget committee's version would save about $58.69 a year, about $4.89 a month, rising to about $195 a year on a million dollar valuation. He said either version is a double digit increase, 13.5 percent under the select board's budget or about 12.8 percent under the budget committee's, and that he could not recall a double digit increase in Durham in a long time.

12. 57:39
    Role of the budget committee and public participation

    A member said he was disappointed that the budget committee's recommendations dealt with policy decisions that are the select board's to make, and that those arguments belong in the earlier discussions. Members defended the text messaging service as useful to older residents. The chair said he had asked twice, without full response, for the research behind the committee's staff wage recommendations, and discussed office hours, a straw poll in November on moving to referendum voting, and past town meeting turnout of about 120 to 165 people.

13. 1:13:54
    Bulky waste day

    John (?) moved to reinstate bulky waste day at $20,000. Members described heavy use, including one estimate of about 40 discarded trash barrels, and reported mostly positive feedback, but also rental trucks making three or four trips, logoed business vehicles disposing of what looked like construction material, and reports of people charging cash to clear yards then dumping free. The board discussed a per-vehicle fee of roughly $10 to $20 and the extra work it would create for staff.

14. 1:24:32
    Capital reserves

    A member asked whether the municipal buildings capital reserve could be reduced to offset the bulky waste cost. John (?) argued that cutting reserves also cuts the interest income in the budget and passes the cost, with interest, to later years. The chair said the fire department schedule includes a $150,000 pumper refurbishment in 2029 and a $700,000 ambulance in 2030 against a current fire reserve balance figure discussed at the meeting, and that removing a year's contribution runs counter to capital planning.

15. 1:35:15
    Adopting the budget

    Jerry (?) read the resulting changes: the fire department budget rises from $749,630 to $752,860 and solid waste hauling from $50,150 to $52,150, with revenue lines adjusted for the ambulance and bulky waste amounts. Spending rises $23,230 and revenue $9,000, a net increase of $14,230, which the board estimated at about 0.14 percent on the mill rate. The board adopted the budget as amended with one member opposed.

16. 1:40:50
    Article 18: snowmobile trail access

    Article 18 appropriates snowmobile club funds up to the amount the town receives from state snowmobile registrations, and as drafted required trails to be open to the public 'during snow season or at all times for outdoor recreational use at no charge'. A member who works with private landowners said that wording would be a hard no for many owners, because permission for snowmobiles is not permission for ATVs, walkers or dog sledders, and that some trails cross wetlands passable only when frozen. The board amended the wording to say trails shall be open to the public to snowmobile at all times during the snow season at no charge.

17. 1:46:13
    Other warrant articles

    Article 4 was changed to specify that if the budget articles fail the town reverts to the 12-month rate of the previous budget rather than the 18-month figure. New articles establish a paving reserve account so unspent paving money can be carried forward if asphalt prices stay high, allow proceeds from the sale of capital assets to go into the related capital reserve, change when elected school board members take office, and put the MainePERS regular plan AC, which adds cost of living adjustments for future service from July 1, 2026, to the town vote.

18. 1:51:18
    Approval of the warrant and town manager report

    The board approved the warrant articles as amended, noting the attorney had reviewed them. Jerry (?) reported a new administrative assistant, Melinda Novella (?), in her sixth day, and that public works is fully staffed again with the hire of Brandon Wyman, after the first candidate withdrew when school bus drivers settled for a cost of living raise and five additional sick days.

19. 1:56:49
    Board member reports and AP warrant

    The chair thanked staff and the budget committee and reported attending a GPCOG candidates forum with Rebecca where school expenses, county tax, property tax, transportation and housing were the topics. Deb (?) reported on the historical society silent auction organised by Tia Wilson (?) and thanked Calvin's team for bulky waste day. Rebecca (?) reminded people of the RSU 5 school budget vote the next day and noted the school's packet understates its effect on Durham's mill rate because it uses the 18-month figure. The accounts payable warrant was approved.

20. 2:02:02
    Meeting schedule and adjournment

    With two and possibly three members absent on May 26, the board cancelled the May 26 and June 9 meetings and set a single meeting for June 2 at the fire station at 6:30 p.m., at which the warrant will be signed and the auditor proposals discussed. Upcoming meetings listed include the agriculture committee on May 13 and the planning board's public hearing on the land use ordinance changes on May 20. The meeting adjourned.

What was decided

• 3:20
  Pursue legal action over the gravel pit following two recorded violations and a stop work order.passed
• 9:05
  Authorise the town attorney to work with the pit operator's attorney on a plan for resuming limited operations, and authorise the town manager to approve the resulting consent agreement on the board's behalf, without prejudice to the separate enforcement action.passed
• 30:46
  Move the land use ordinance warrant article language forward to town meeting. Moved by Josh.passed
• 1:19:08
  Reinstate bulky waste day at $20,000 with $5,000 of offsetting revenue from a per-vehicle charge to be designed later. Moved by John after withdrawing his earlier motion for $20,000 alone.passed
• 1:35:15
  Adopt the budget as amended, including the $3,230 EMT wage increase with $4,000 of ambulance revenue and the bulky waste changes, a net increase of $14,230. One member voted against, for the same reasons given the first time.passed
• 1:40:50
  Amend Article 18 so that snowmobile club trails must be open to the public to snowmobile at all times during the snow season at no charge, striking the wider outdoor recreational use wording. Restated and re-voted at t=6373 to fix the wording.passed
• 1:51:18
  Approve the town meeting warrant articles as amended.passed
• 1:56:49
  Approve the accounts payable warrant and consent agenda.passed
• 2:02:02
  Cancel the May 26 and June 9 meetings and hold a single meeting on June 2 at the fire station at 6:30 p.m., and a following motion to adjourn.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.

Worth knowing

• 3:20
  The gravel pit was permitted for 5 acres and is operating beyond that. There are two recorded violations and a stop work order issued the previous Thursday, and the board was told work continued after the order until the morning of the meeting.
• 52:10
  The mill rate is $25.42 under the select board's budget and $25.22 under the budget committee's, a 13.5 percent or about 12.8 percent increase. The difference between the two versions is about $58.69 a year on a $300,000 home. The chair said this is the first double digit increase in Durham he can recall in a long time.
• 1:24:32
  The budget committee wanted the fire department capital reserve cut from $140,000 to $40,000 because no expenditures are scheduled for 2027 or 2028. The board refused, citing a $150,000 pumper refurbishment due in 2029 and a $700,000 ambulance in 2030, and argued that skipping a year passes the cost forward with interest.
• 1:13:54
  Bulky waste day was restored at $20,000 but will carry a per-vehicle charge, likely $10 to $20, to raise about $5,000 and to deter misuse. Members described rental trucks making repeated trips and business vehicles dumping what looked like construction debris.

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: 10 passages of motion language, against 9 decisions summarised.

Elsewhere

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