TranscriptSeptember 22, 2020 ~ Select Board Meeting

You're on. Yeah. Good evening. I'm going to call this meeting of the Durham Board of Selectman to order on Tuesday, September 22nd. Um, we have four board members present tonight. So, I will call the role and please acknowledge that you're here when I call your name. Uh Rob Panto

here, Rich George is excused tonight, so he won't be here. Uh Todd Buller here, Mark Farren here, and Kevin Neto is also here. So we need three for a quorum. We have four, so we are good to go. Um any amendments to the agenda from board members?

chief is not here tonight due to a previous engagement and our town administrator is not here tonight um because it's her son's birthday. So um so uh next on the agenda is public comment. Is there if there's somebody here to comment on business before the board or any other matter in town use you can use the raise your hand function um in the uh in the Zoom app and if you can't find that and you can turn on your camera you can just wave your hand. There aren't that many people here. We can try to um acknowledge you, but anybody here for public comment?

Okay. All right. Moving on then into the public hearing portion of tonight's meeting. Uh tonight we are reviewing um potential uh permits for junkyards. These are permits that have to be renewed every year. Um, and for the last couple of years, um, we've been working with several of the junkyard owners trying to get them, uh, into compliance. And, uh, Bob Forest, our code enforcement officer, is going to kind of update us on where we are with regard to what's on the agenda tonight and anybody that might be ready for a permit. Bob.

All right. Um, first I'll start off with since Emerson's isn't on here. I talked with Emerson um and he is willing to close the junk. We Bob, we don't need to talk. We only need to talk about what um who's here for a permit tonight.

All right. So, Troy and Lisa Peterson is is 4A on the agenda. Yep. they they are in compliance with all the regulations. Okay. So, I'm going to move that we issue uh the annual junkyard permit to Troy and Lisa Peterson at 1266 Hollowell Road.

Second. Rob seconds. Any discussion on that? No. Okay. So, when I call your name, please state your vote. if you're in favor of issuing that permit. Rob Panto, yes. Todd Boler, yes. Mark Farren, yes. And I am also in favor. Okay.

Next is uh Kenneth Carl uh at 1205 Roseboro Road. Is that one ready for tonight? Um there is one thing I would speak about before um I say they're not in compliance. Okay. Um the their permit um expires September 30th and I I would ask that um

we give them that much time to be in compliance because right now all they need to do is consolidate the stuff down at the bottom of the hill and fence it and provide me with a log. Um those two items are not in compliance. Okay.

I went over I spoke with them both this afternoon and they are more than willing to fix that up by the 30th. I told them it had to be done by the 30th. So, um that's where they are at presently. They're not in compliance.

Okay. So, but if I remember right, this is the one you said. This one's not a business, right? They are going to provide me with some documentation and some receipts. Um, I told them about the viability and they both said that they can they can supply me with that stuff um by the 30th.

Okay. So, I guess what I'm what I'm getting at is the permit's good till the 30th that that they have now. Um, we don't meet again until October 13th after tonight. So they would be, you know, without technically without a permit for two weeks, assuming that they were good when we met again on the 13th. Is there is there any significant impact to them if they don't have a permit for two weeks?

Well, I know we we went through this last year also and the state law says that the permit cannot expire. Um, what do you I don't understand that. Why do we have to do it every year if the permits don't expire? If it the state law says if the permit expires then they have to start all over again.

Ah, okay. So, that's the big question. year um because of the same situation where there was just a few more items to do and they and they needed a little more time. Rob, can we just do a conditional approval then? There's

Yeah, that's that's where I was going too. Okay. Bob, do you have um specifics on what needs to be done? Do you have a document? Um I'm going to go out there Thursday and go right through the whole yard with them because they were unaware that that

needed to be fenced down there. Because the thing is Andy has a business that I was unaware of down below. And that's why it looks so cluttered is because a lot of that stuff is from business. Um, and it's been in existence for over 35 years. So, um, I don't know what

you asking for, Bob. Um, I'm asking to give them till the 30th and we'll see if they can comply. Typically, if we were going to issue a conditional a license, a conditional license, we need the list of conditions. All right? So, they're going to have to consolidate everything in the yard down at the bottom of the hill, and then they're going to have to fence in that consolidated portion. And along with that, they're going to need to provide me with a log that says that they're a viable business with titles and what they sold and who they sold it to. Those are the two items.

No, it's not. I just I just left there at 4:30 this afternoon. we'll stop in and sign it once it's written. So, you're thinking that you just want to extend it till your next meeting. Is that where you're going? Yeah. What I what what I was thinking is like, okay, you have um basically their permit is

good until September 30th. Yeah. Well, you know what I we could do is but but you're saying if the permit expires without a new one, they have to start all over again and according to state law. Yes. So, we could we could move to issue the

permit subject to receiving a letter from the code enforcement officer by September 30th that they are completely in compliance. All right. How does that sound to people? That sounds good to me. Okay. So, I'm going to move that we issue the junkyard license to Kenneth Carl at the 1205 Royals Road property

contingent upon receiving a letter from the town code enforcement officer on or before September 30th of 2020 that the junkyard is fully in compliance with state and local codes. Second Todd seconds that um and this is a public hearing. So if there's any anybody from the public has comments on um any of these uh junkyard situations then please you know raise your hand or wave it or something. But um

okay any further discussion? Hello. Yeah. Hello. Who is this? Miss Elvin Dennison. Yeah. Uh, Mr. Dennison, yours. Did you want to speak on Kenneth Carl's junkyard? Because your yours is next on the list that we're going to be discussing.

Okay. I I was uh there you were able to get an extension. Uh I believe it was even for I can't remember trying, but I remember reading you could get an extension for a certain amount of time. It was either 30 days or something like that to come into compliance. I'd have to read back through the through the the uh laws here, but I do remember reading something about Yeah. Bobby, you does that ring a bell with you?

No, it doesn't. And I would say, Mr. Dennis, I would say that um this is a two-year old conversation. So there have been multiple extensions uh waiting for the junkyards to be in compliance. So um I don't know about other members, but I am done with extensions. Well, I'm I mean if uh I can I mean I'm not sure

uh if uh if you're interested or not if I found it and got it back to you if you'd want to see it. Oh, sure. I'd definitely be interested. But we um but we don't have that tonight and I don't think we're issuing any extension tonight. So, but um if that's actually in the law and that is something that can be done, then sure.

I'll have to check it and if I do find it, I'll let you know. But okay, so the motion right now on the floor is to um issue the permit to the 1205 Royalsboro Road um junkyard with the condition of receiving the letter from the code enforcement officer as previously described. Any more discussion on that?

Not for me. Okay. If you're if board members, if you're in favor of granting that conditional permit, um, indicate your vote when I call you. Rob Panto, yes. Todd Boler, yes. Mark Farren, yes. And I am also a yes. Okay. So, uh, Bob, uh, we're to Mr. Dennison's um property now. Is is that one in compliance and ready for a permit?

Yes, it is. Okay, great. Um, then I'm going to move that we uh issue the annual junkyard permit to uh Mr. Dennison at the 184 Auburn Panel Road property. seconded it. Uh any public comment on this one? further discussion on this one?

No. Okay. If you're in favor of issuing the permit to Mr. Dennison at 184 Auburn Powell Road, uh indicate when I call your name. Rob Panto. Yes. Buller. Yes. Mark Farren. Yes. And I'm also a Yes. All right. Great. So, I see I think I think this is good progress, Bob. We've got a couple in compliance and it sounds like Mr. Carl is very close and um we're gonna gonna get it done. So,

may I speak just a little bit about Emerson's? Yeah, sure. Go ahead. And a consent agreement. So, he doesn't want the junkyard. He's sick of it. Um, so I spoke with him two weeks ago about he went on vacation and I I brought up the consent agreement because he just wanted the permit to clean it up and I said, "Why bother? Just go into a consent agreement." I talked with the town attorney today about it. He's going to draft one up. Um, my thoughts were were trying to get the ones that are in the shoreland zone out before the snowflies and then work on the rest. Um, and I and

I talked to him about May. So, I just want I want your input on the the length of the consent agreement and I don't think Jack really thought it was a good idea to do the tiered system. So, um, any thoughts that I can relay back to Jack would help.

He we by tier system, he didn't think it was a good idea to say certain parts need to be done by one date, but other parts by another date. Is that Yeah, he didn't know how that would work, right? And how it could be enforcable.

date was if there wasn't a tier system and it was just the May date. What's your concern with that? Nothing. Oh, okay. No, I I was just trying to get the the cars out of the shoreland zone. Yeah. They have to be they would just but they'd be gone by May instead of

Yeah. The the other option is the other option is we don't give them the window. We say it has to be out by like the end of October or the end of November. What are your what are your thoughts on that? Um I don't think he's going to be able to do it.

Okay. In that short of a time. All right. other board members thoughts on so actually let's maybe you can describe a little bit more about what he intends to do. I mean we're talking about the property on Old Brunswick Road, right?

Yeah. What he intends what he intends to do is to keep his auto repair business and they are allowed to have a certain amount of vehicles there for 90 days I believe it is. So, he wants to keep some of the vehicles there for parts. So, that's going to have to be worked out and I guess I'll have to watch that closely. Yeah, because I don't if if I remember, it's been a while since I read the statute, but I don't think an I don't think an automobile repair facility includes keeping um parts

vehicles that don't run and aren't in the process of being fixed to be to be part of the auto repair business. That's a junk that's an automobile graveyard. Well, there is a stipulation for that. I'll I'll have to dig deeper into Yep. Yeah.

Okay. So, you're okay with the May deadline? What? Well, what are the board members think Yeah. Do we have to vote or anything or we just wait till we get the paperwork from the lawyer? I think we will I think we don't have to vote on this. Um, we we're giving a little guidance to Bob and then he'll work with Jack and and the uh landowner and come back with a draft consent agreement that that that we will vote on.

Okay. I' I'd say that uh May is more realistic time frame, but uh I'd like to see them off the shoreline zone as early as possible. When you say May, let's be clear. We we're talking beginning of May or end of May? April

January 1st first. Yeah. I mean he he can crush vehicles in the winter. Okay. All right. You know, best way to do it. It will be drafted to be done to be complete by May 1st. Yep. 2021. 2021. Yep. And Peelas is all cleaned up. So, and that's it. I got that's that's all I have.

Well, that that's great, Bob. Really good work. I mean, I know this it's it's hasn't been easy over the two years, but I think I think it's been a good balance of working with the property owners, uh, but also, you know, kind of holding firm that this this has to be done. So, nice work.

Thank you. That nice job, Bob. Good job, Bob. Thanks. Okay. So, um I'm going to close the public hearing on the junkyards and that junkyard business is concluded for this week. Um we're on to action and discussion items and I'm glad to see that Becky has joined us tonight. Um, one of the items is a see as a grant to help offset some of the expenses um around um election. You

want to give us and people that might be watching this recording an overview of what that grant is all about? Sure. It's um it's not a huge grant, but every little bit helps. Um, I learned about it from another municipal clerk, but then the state did send a an email blast out about it last week. And so it's it's specifically to help offset um running an election uh during a pandemic. So, some of the topics that we can um get covered are a ballot dropbox,

voter education, um protect personal protective equipment, poll worker recruitment, hazard pay, training expenses, um cleaning expenses for the polling place, uh temporary staffing, and um absentee ballot processing. So, that's going to help us a lot since our absentee ballots are about 900. Uh, when I left the office today, u we we're still 10 days away from getting the ballots in. Um, so we were awarded the max amount which was $5,000 and alls we have to do is vote to accept it and we'll have the funds within two to four business days.

Okay. Um, can you tell me again what's um what's the name of the organization? It was the Center for Tech. Hang on, I'm trying to look on my paperwork here. Center for Tech Life or something like that. Well, CTCL is their initials. And it's the Center for Tech and uh I don't have it on this paper. Sorry.

Tech and Civic Life. There you go. Center for Tech and Civic Life. Okay. All right. I'm going to move that the board accept the $5,000 grant from the Center for Tech and Civic Life. Second. Any further discussion on that. All right, call. Rob Panto,

yes. Todd Ber, yes. Mark Farren, yes. And I have also a yes. So, great. Nice work, Becky. Great. Thank you. You can keep your mic on because the next one's for you, too. Um, so there because uh there's been the town office staff is requesting that we close the town office on November 3rd um because so that all the staff can be at the polls that day assisting with what is no doubt going to be a very you know huge turnout um election. Um, I had one

question on that, Becky. Suppose, what's the plan for um, we have to have quote unquote absentee ballots available right up until the polls close. So, how will that be handled? No, we don't. Um, for November 3rd, absentee balloting ends on the Friday before.

Oh, yeah. So, she changed the governor changed that for November. Oh, okay. I didn't realize that. Yep. Um, I think the original plan before July 14th uh primary was that they were going to offer it for both and I think that there wasn't a huge turnout for people voting absentee in person on polling day. Um, so she just changed it back to the original. So you can request your absentee ballot electronically until Thursday at midnight before the election and you can vote in person absentee until Friday and then after Friday you got to wait till the polls. Does the absurdity of that phrase strike anybody else? I want to vote absentee in person. My god. Um but that's the world we live in right now,

right? Okay. So, uh board member thoughts on um having the town office closed that day. I don't think in the past I don't think Becky I you may not know this because this is the first you know big November election for you but I don't think we've closed the town office in the past. No, I don't think they did. And we did it in July and it was it was extremely helpful to have Pam and um Ruth there. And I know we've recruited a bunch more um election clerks which is fantastic, but we also have to keep a balance at the polls um of parties and so it helps me

to have those two there as part of the balance of parties. Okay. Um and Bob is even offered to help at the polls too on that day. So, um, you know, everybody's chipping in at the office, which is fantastic. I really appreciate the help. So,

okay. All right. Well, Todd, it sound like you were okay with it. Mark, Rob, any any thoughts? No, I'm okay with it. Yeah, I'm fine with it. Okay. All right. I'm going to move then that we uh close the town office uh to normal business on Tuesday, November 3rd. Second.

All right. So, I don't know who seconded that. Was that Rob or Todd? Or both? Todd. Right. Rod. You're in favor of closing town office on November 3rd. Say so when I call your name. Rob Panto. Yes. Todd Buller. Yes. Mark Farren.

Yes. And I am also a yes. Okay. Hey, Becky's did you have anything else? Good news about I I did. I I wasn't sure if I would do it when it was Ruth's technical reporter now. So, I also got the call today from elections in the state that we have been given a second DS200 machine for Durham permanently.

So, moving forward uh yep, with every election, we're going to have two. So, thank goodness because in November we have the municipal ballot and the and the state ballot. Uh, so that will help with moving the lines through like we had in July when when Brunswick offered uh use of theirs, but now we've got two. So,

it was like Christmas today. All right. Great. That's excellent. I mean, I think we all if anybody that voted around the dinner hour, uh, the last big November election can remember the very short line to get your ballot and vote in the very long line to actually put it in the machine. So, that's great. Thank you.

Right. And this year we're limited to 50 people in the voting arena and that includes workers. So, yeah. Why is it 50 and not 100? Is 100 just for door? The governor has for election put the stipulation the maximum of 50 people in the voting arena at one time.

Okay. Just Okay. Go ahead. No, I was and I'm assuming that you know everybody will have to wear a masks and we'll have extra masks if somebody comes to the polls without one and all that stuff. Yes, but we can't turn them away if they don't want to wear a mask because it's their right to vote. So, um,

yeah, but I the state is is planning on providing us with PPE like they did for July 14th. Okay, great. Got any more good news for us? I think that's it. That's pretty good. You don't want to You don't want to throw it all out there in one meeting,

right? Right. Wait, wait till wait till the next one. I'll have something else. Good news. All right, moving on to uh department and committee reports. Um, you're the only department here tonight. You get to go first. Oh, sorry. Bob, you have your hand up. Did you have something on that?

One more item. All the permits are in your mailbox, Kevin, for signatures. Is it just my signature or all the board members need to sign it? All the board members need to sign it and it need to they need to be notorized.

And there's three of them in the mailbox. Yeah, I think there's um Becky, I think you're still there. I think there's probably a stack of stuff that we're going to have to sign. So, if maybe retrieve what Bob's talking about out of my box and put it um usually stuff's in a pile either on your desk or Pam's desk. Uh every like the warrant and this and I think we're going to um the abatements that we're going to talk about later tonight and the um land use ordinance letter. We'll get all that stuff in a pile so that board members can go in starting on um Thursday and sign that stuff. Okay.

Okay. Yeah, we'll gather it all. I also have the election clerk owes the new appointments for you guys to sign to. Okay. Thanks. All right. Thanks, Bob. That was a good heads up. Okay. So, Calvin, now we're to uh to your report, which looks like it's a pretty short one from your uh your draft today.

Yeah, it's fine. There's nothing wrong with that. So, continued work in the Deerville Rangdale neighborhoods. Um, hoping to wrap those up this week. I think uh we should be um met with Krooker. They they think they can get in there around the second week of uh October. So, um

and get those paved. Um we got the uh stumps ground on Day Road. We got to go clean up the wood chips on those. uh been working on the CIP and paving plan updates and I'm getting that to Ruth. I got a uh a few more things to get her tomorrow and she's going to email that off to you guys tomorrow.

Uh continued uh work with Cooker and coordinating maintenance paving. Um so they're going to pave uh maintenance paving and bond paving. Uh they're going to pave Rant Road and Brown Road, the last two roads on the bond next Monday, Tuesday, Wednesday. Um going to get to the fire station next week to pave the they've done the prep work uh last week and they're going to get to doing the actual paving next week. I spoke with the chief about that so he's aware of that. Um, and that's about all I've got.

Okay. Any uh board members have any questions for Calvin? Okay. All right, Calvin. Thank you. Thank you. And uh the the fire chief's report and town administrator report. I said they're both excused tonight, but their reports will be um included in the minutes when they get posted uh on the website. So, okay, we have several um abatement supplemental um assessments to go through tonight. So, I have to uh I'm making a motion that the board go into an assessor's session.

I need a second on that. Second. Rob seconds. So, u in favor of assessor sessions, say so when I call your name. Rob, yes. Todd, yes. Mark, yes. I am also a yes. Okay. So, bear with me as I go through the find the documents here and go through them.

And we can kind of take these two together. Actually, maybe we can. chance to read through these or not, but the these first two on map 9 lot 32 and map 9 lot 32B. Um, let's see. She didn't send the uh Hold on. assessor uh please be advised that a parcel of property map 9 law 32 um was transferred uh an error to correct this error and abatement should be issued um and a supplemental bill. So I'm going to start that over again. Uh please be advised that a parcel of property map 9 lot 32 owned by Jeffrey Weir was transferred in error. To correct this error, an abatement should be issued uh to Christopher Tilton Jr. and a supplemental bill to Jeffrey Weir. Um the lot the lot that should have been transferred map 9 lot 32B

was owned by Frederick Weir. to correct this an uh an error and abatement should be granted to Frederick Weir and a supplemental bill to the correct owner of record Christopher Tilton should be issued. So both of those lots happen to have the exact same valuation um which

was throwing me at first. Um basically. We're we're granting an abatement to one person by sending the bill to another person in both cases. So, but the impact to the town is um is no net no impact. So, so I'm going to move that we uh approve abatement and

supplemental tax assessments to map 9, lot 32 and map 9, lot 32E as presented by Donna Hayes, the town's assessor's agent. I'll second. Yeah. Okay. I think Rob has seconded that. Any further discussion? No. If you're in favor, so I'll call the vote. Rob Panto,

yes. Todd Ber, yes. Mark Farren, yes. And I'm also a yes. the next one. this case, the bill was sent to the husband and wife, but it turns out they were divorced and the bill should have only been sent to the wife. So, this is correcting that. And again, this one is a no net impact to the town. It's just changing the uh the name that the bill

was sent to. Okay. Any questions on this one? Okay. I'm going to move that we approve the abatement and supplemental assessment map 11 lot 37B as presented by Donna Hayes. the town assessor's agent. Rob is seconding if and I will call the vote. Rob,

yes. Todd, yes. Mark, yes. And I am also a yes. Okay, let's see if I can find supplemental assessment. So basically we're sending this person an additional tax bill and this is because uh this property owner has taken two acres out

of tree growth which gets you a you know pay a reduced tax rate when it's in tree growth but he's taking it out of tree growth. Um and so additional taxes need to be paid on that. Okay. So, I'm going to move that we approve the supplemental assessment for map 12, lot 36, as presented by Donna Hayes, the town's assessor's agent. Second on that second.

Bob seconds. In favor, say so when I call your name. Rob Panto, yes. Byer, yes. Mark Farren, yes. And I am also a yes. the final one. a um for $91125. the there's a memo on this one. she's saying that please be advised that an abatement should be granted on a parcel of land that had been given a reduction for access prior to this tax year. It was a split of a larger parcel which resulted in an error in ownership. When this lot's value and owners were corrected, I did not put on the reduction for access that had previously been applied. So she's putting back that reduction uh for access. Presumably it's like landlocked or something like that which reduces the value. So um therefore

the abatement. Any questions on that one? approve the abatement for map one law 57 as presented by Donna Hayes the town assessors agent. There a second on that. Second. Todd seconds that one. All right. And I'll call the votes. Let me know your vote. Rob Panto,

yes. Todd Ber, yes. Mark Faren, yes. And I am also a yes. Okay. So, that takes care of all those. Those are all additional documents that we all need to sign. So, um there'll be quite a stack at the town office this week. Um all right. At this point, I'm going to move us out of assessor session and I need a second on that.

Second. All right. Rob, um, you're in favor of coming out of assessor session. We still want to call your name. Rob Panto, yes. Ber, yes. Mark Farren, yes. And I'm also a yes. Wow. I don't know if I could handle much more of that kind of excitement.

consent agenda. Is there anything on the consent agenda that members want pulled out for discussion? consent agenda as presented. Mark seconds. If you're in favor, say so when I call your name. Rob Panto. Yes. Bob Boyer.

Yes. Mark Farren. Yes. And I am also a yes. Okay. So, announcements for upcoming meetings. Uh our next regular select board meetings are Tuesday, October 13th and Tuesday, October 27th. Both at 6:30 p.m. And both will still be on this Zoom format. But before we get there, we have uh two public hearings. One scheduled for September 23rd at 6:30 p.m. That's

tomorrow night. and the other Saturday morning, October 3rd at 9:00 a.m. And the purpose of those public hearings is to provide um there'll be some short presentations on a lot of the questions and an opportunity for questions and comments from the public regarding the uh municipal questions on the special town meeting referendum uh that we're having on November 3rd.

Second. Mark second. You're in favor of adjournment. Say so when I call your name. Rob Hanto. Yes. Todd Ber. Yay. Mark Farren. Yes. And I am also a yes. All right, we are adjourned. Thank you all very much. Have a good night.

Hey, Kevin. Yeah, nice job weeding through all that. Yeah, thanks.