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Board of Selectmen Minutes 12/22/09 Official as of 1/12/10 Call to Order Chairman Alden Dill called the meeting to order at 6:10 p.m. Roll Call Chairman Alden Dill, Selectman Robert Holden, and Town Administrator David Stack were present. Selectman Scott Bryer arrived at 6:25 p.m. Selectman Dill thanked the person who anonymously donated the new gavels to the Board of Selectmen and Town Moderator. Citizen’s Forum Lucy Edwards asked the Board if they have voted on the bottom line of the budget. Selectman Dill stated that this would be voted on tonight. Ms. Edwards mentioned that her husband Ben was very disappointed that the Town did not have a Christmas party for volunteers this year. Selectman Dill noted that his wife was disappointed too. Unfinished Business Communication Relative to Snow Clearing on Bigelow Road Janet Fortin, the resident who wrote to the Board, was present at the meeting so Chairman Dill moved discussion of this item from later on the agenda. Mr. Stack read a letter from 1979 regarding the status of Bigelow being adopted as a Town road based on a Selectmen’s meeting held July 16, 1979, as it had met town road standards. He stated that he reviewed 1979 Town Meeting minutes and found that there was a petitioned article presented to accept Bigelow Road as a Town maintained road to Bick Buck Road. The vote was 61-46 to pass the article. Mr. Stack explained that the Town maintained portion was only extended to Big Buck Road and no additional information has been found. Janet Fortin expressed concern with the timing of the letter since Town Meeting was held in March, 1979 and the letter from the Selectmen was written in July, 1979. Selectman Dill explained the process of accepting a road. He believes that since it took a few months it may have needed work to be brought up to town standards. He feels that the public portion as noted in the materials is to the corner of Big Buck Road and where it is currently paved. He added that the process is still to go through town meeting. Ms. Fortin stated that the letter states Bigelow Road. Selectman Dill noted that the petitioned article has more detail regarding the road and the Selectmen can not over-ride a town meeting decision. Selectman Dill stated that the Town will only plow the Town portion of the road. The Town cannot plow non-Town roads. Selectman Dill stated that the intention in the 1979 article is clear, but perhaps the wording is not. Further discussion was held regarding Town owned and private roads and Town specifications for roads. Selectman Bryer noted that a petition could be submitted in the same manner at Town Meeting. Selectman Dill referred Ms. Fortin to the Town Planner, Elaine Planchet for assistance. Selectman Bryer noted that the Planning Board has road standards that can be reviewed. Acceptance of Minutes 11/24/09 and 12/8/09 Non-Public Sessions **Motion** Selectman Dill motioned, seconded by Selectman Bryer, to approve the non public minutes of November 24, 2009 and December 8, 2009, as written. Motion passed unanimously; 3/0. Board Support of Proposal to Name Highway for Robert Johnson Mr. Stack provided a draft letter of support for the Board to review and sign for the proposal to name a section of state highway in Northwood after Robert Johnson. **Motion** Selectman Dill motioned, seconded by Selectman Holden, to approve signing a letter to representative Mann supporting a portion of state highway to be named in honor of Robert Johnson Highway. Motion passed unanimously; 3/0. Other Unfinished Business Proposed FY 2010 Budget Mr. Stack stated that the Lamprey Solid Waste Cooperative numbers will be less than the estimate that was previously provided. He stated that the total operating budget to be approved for presentation to the Budget Committee is $3,124,176, $6,000 less than the FY09 budget. **Motion** Selectman Dill motioned, seconded by Selectman Bryer, to approve $3,124,176. as the selectmen’s recommended budget for 2010. Motion passed unanimously; 3/0. Budget Committee Requests Mr. Stack stated that he has received a list of requests from the Budget Committee with responses to be provided in writing or at the first public hearing, January 16. Selectman Bryer stated that he would be attending that meeting and requested a formal response from the Board. Discussion ensued as to the most effective way to provide this information as well as to the answers to the listed questions. Selectman Holden requested clarification as to the capital improvements item question. Suncook Valley Regional Town Association A discussion was held regarding the Suncook Valley Regional Town Association. Mr. Stack explained that we are a part of this group. The group has previously pooled together and received health insurance premium savings from LGC. The Budget Committee has asked about pooling together with other communities to achieve employee benefit cost savings. Mr. Stack said that the Town currently does pool with other towns for health, dental, life and liability insurance coverage through both Primex and LGC. Town Clerk Drop Box Request Mr. Stack provided a memo from Town Clerk/Tax Collector Judy Pease regarding the purchase and use of an outside drop box. The Board had previously voted not to approve the purchase. The memo explained that the residents like the idea of the drop box to drop off payments during non business hours. Ms. Pease has been working with Steve Bailey in ways to facilitate a secure drop box. She requested the Board reconsider her request for the drop box based on the information provided and noted that the weather has damaged some payments that have been placed in the current mailbox. Selectman Bryer asked if other towns have a drop box and he suggested on line payments. Selectman Dill agreed and stated that cash would still not be left off and everything can be mailed in to the town offices. Selectman Holden asked if there is any indication as to how many people have showed an interest in the drop box. Mr. Stack stated that a slot in the door would not work as other committees and people have access through the Town Clerk/Tax Collector’s entrance. **Motion** Selectman Holden motioned, seconded by Selectman Dill, to approve $566. for a drop box for the town clerk/tax collector. Motion passed unanimously; 3/0. Town Report Mr. Stack stated that the deadline for the submitting the Selectmen’s report for the Town Report is 1/2/10. Selectman Holden requested to keep the communication ongoing with the School this year so that their information is received and included. Personnel Policy Drug and Alcohol Testing Mr. Stack stated that the outstanding items are drug and alcohol testing and possibly a buy back for vacation time. He stated that he spoke with Primex, regarding testing full time and call personnel and they do not see much of this; however, there are a few towns that do require the testing. He added that it is usually tied into the requirement that the personnel have a CDL and Northwood does not require that for any employees. He added that a way to address this issue is through the supervisors, with police and fire still being exempt. Mr. Stack stated that the Town would be in compliance with NHDOT with this proposal. Discussion ensued regarding leave without pay, if necessary, should the employee not have any accrued time. **Motion** Selectman Dill motioned, seconded by Selectman Holden, to approve the proposal for alcohol and drug testing to be DOT compliant with the fire and police department wording to be removed as they are exempt, and to add leave without pay. Selectman Holden stated that it is difficult for him to vote on something that he just received this evening. Mr. Stack explained that most of the wording has been reviewed at prior meetings and this is similar to how the process is done now. Mr. Stack recommended that the Board have town counsel review. Motion passed unanimously; 3/0. Probationary Period Discussion was held regarding establishing a time frame for probation periods for new hires. Selectman Dill suggested that the time be left up to the supervisor’s discretion. **Motion** Selectman Dill motioned, seconded by Selectman Holden, to conditionally accept the town’s personnel policy beginning January 1, and while it is under review by town counsel. Budget Preparation Selectman Holden requested a print out of the accruals and that it be made available to the Budget Committee. He added that the Budget Committee has also requested that the Finance Administrator attend the Town’s public hearing. Selectman Dill stated that this is a good idea and Selectman Bryer requested a work session be held to review the materials. Motion passed unanimously; 3/0. Disability Insurance Coverage Mr. Stack stated that disability insurance coverage still needs to be addressed. Mr. Stack stated that the current cost of six sick days for all employees is approximately $16,000. **Motion** Selectman Dill motioned, seconded by Selectman Holden, to provide disability insurance coverage for all Town employees working twenty or more hours per week and to authorize the Town Administrator to sign all required paperwork and additional documentation, as necessary. Motion passed unanimously; 3/0. New Business Acceptance of Minutes - 12/8/09 Meeting **Motion** Selectman Dill motioned, seconded by Selectman Bryer, to approve the minutes of December 8, 2009, as written. Page 9: Delete …and liabilities. **Motion** Selectman Dill amended the motion to approve the minutes of December 8, 2009, as amended. Motion passed unanimously; 3/0. Board of Selectmen Goals for 2010 Mr. Stack provided a draft list of Board goals for 2010, with a few items carried over from 2009. The list was reviewed and general discussion was held. Selectman Dill suggested that the dog officer position be added. Selectman Holden stated that he is not sure if the police log is being added to the website and added that June 2008 is the most recent log that he has seen. Mr. Stack stated that the Police Chief did mention this and at this time the log is being posted on the forum. Mr. Stack stated that this will be continued to the January 12, 2010 meeting and can be finalized then. He stated that he will add a use of fund balance policy as well as a town investment policy. Selectman Dill suggested the Board have more interaction with committees, commissions, and departments. Approval of Vendor Manifest **Motion** Selectman Dill motioned to approve the vendor manifest in the amount of $72,359.26. Selectman Holden seconded the motion. Selectman Bryer asked about the encumbrances. Another meeting was scheduled for December 29, 2009 at 7:00 p.m. Motion passed unanimously; 3/0. Athletic Fields Engineering/Permitting Costs Mr. Stack explained that the cost for the work done by Norway Plains has exceeded the estimate due to a change in rules and processing for applying for an alteration of terrain permit from the State. The total cost is $4,900. and Norway Plains is willing to remove $2,000 off of their bill. The town will need to cover $2,900. Selectman Bryer asked what the balance is in the ball fields account that the town can expend this year. Mr. Stack stated that $17,500. has been expended this year for mostly engineering and permitting fees. Additional discussion was held regarding the cutting proposed from the Town Forester for a timber cut on the property. **Motion** Selectman Dill motioned to approve the additional invoice from Norway Plains for permit fees for the athletic fields to come out of the Recreation Fields Trust Fund. Selectman Bryer seconded the motion. Selectman Holden asked how the original purchase order was established as there is now a change. Mr. Stack stated that this was an estimate, not to exceed. He was not sure as to the original purchase order. Selectman Bryer stated that the scope of work should note the cost and he asked about any additional charges. Mr. Stack stated that the scope of work is not that descriptive and originally the estimate was $13,500. and the increase now totals $17,300. Motion passed; 2/0/1. Selectman Holden abstained and stated that he could not vote without seeing the original purchase order. Proposed Timber Cut - Northwood Athletic Fields Selectman Dill explained the area to be cut and how it will be accessed. He stated that there is a wetlands crossing about 100 feet into the project. He stated that the goal is to extend the road 400 feet including the wetlands crossing. The road will end where the new parking area is proposed. The timber cut is for the next phase where the proposal is for two ball fields and a soccer/football field. He added that there is an additional estimate from the Town Forester, Bean Hill, which shows the Town netting $400. on the timber cut of phase 1. Additional discussion has been held regarding further cutting, which the Forester recommended an aggressive selective cutting on this additional land as the equipment will be on site. Steve Bailey stated that he has walked the area with the forester who feels that there is about an additional $4,500. worth of timber that can be cut on the second cut. Stumps will be left and everything else will be used. Selectman Dill stated that the road will be done by a separate contractor and will be completed simultaneously with the cutting. **Motion** Selectman Dill made a motion, seconded by Selectman Holden, to authorize the forester to proceed with the proposed timber cut per the plan submitted. Motion passed unanimously; 3/0. Access Road for Athletic Fields Timber Cut Mr. Bailey stated that plans were provided to two companies and a third declined. Mr. Stack read the bids; Hodgdon and Son submitted a bid for $47,302. and D.L. Docko submitted a bid in the amount of $19,212. Discussion ensued regarding the scope of work and bid proposals. Selectman Holden suggested that the bids be sent to the Ballfields Committee for further review. Mr. Bailey stated that the Town Forester has tentatively scheduled work to be done the last few weeks of winter. Discussion ensued regarding the balances in the trust funds. Selectman Holden suggested that the trustees provided balances for the budget committee meetings. Selectman Dill stated that the funds are available for these projects. Communication Relative to Installation of Snow Fence at Northwood Lake Beach Selectman Dill stated that a complaint had been received by the Board from Steve Bailey regarding the Board vote to install a snow fence at Northwood Lake Beach. Mr. Bailey believes that there was a conflict of interest as Selectman Holden is a Northwood Lake home owner. Selectman Holden read the complaint and stated that he lives approximately ½ mile from the beach area and would not be affected by any noise from vehicles on the lake and would not have anything to gain. On a personal note, he commented that it does not matter to him if the lake is accessed by vehicles or snowmobiles. He added that as a Selectman he is responsible to protect the town’s natural resources. In addition, he stated that a complaint was received from the Northwood Lake Home Owner’s Association and they made their complaint to the conservation commission expressing concern with erosion. Selectman Holden added that he offered to donate a fence if one was not available. Steve Bailey was present at the meeting and stated that the Conservation Commission felt that there was no issue and he added that there are 9,600 cars that cross over the causeway in Northwood leaking more oil into both sides of the causeway and the State not having any issues. He stated that there are many lakes in Northwood with driveways that lead to the lakes. Mr. Bailey continued and stated that in the winter there are many cars on many lakes and he is not sure as to where the issue is as any lake stands the possibility of being contaminated with fluids. He stated that the metal fence was removed as a result of many requests as the fence was in horrible condition and a danger too. He stated that a snow fence will not really end up being much help. Selectman Holden asked if there is any problem with the conflict of interest and Mr. Bailey replied that he is fine with that point now. Another complaint relative to the snow fence was received from Mr. Bailey regarding following necessary processes and procedures. Selectman Holden stated that he and Selectman Bryer were trying to address a concern of the Northwood Lake Home Owner’s Association and a concern that he feels is still a valid concern. Mr. Bailey asked if the Town will be placing barriers on all town properties and that a precedent is being set. He stated that there are other beaches in Town that do not have any fences were there have not been any problems and all are accessible. Selectman Holden stated that the ground is now frozen and the stakes would not be able to be put in at this time. Mr. Bailey stated that there is a possibility to get stone from the back portion of the ball fields to build the new stone wall at the Northwood Lake Beach, hopefully by spring. Further discussion was held regarding the accomplishments of volunteers and Selectman Holden thanked all volunteers for their work and understands that if this task cannot be accomplished this way then there needs to be another option discussed in order to complete this. Communication Relative to Town Building Maintenance Selectman Dill read a complaint submitted by Steve Bailey regarding the Board not signing a purchase order for painting and maintenance. Mr. Bailey explained that this is an ongoing process as part of normal building maintenance. Selectman Bryer stated that when the vote was taken, the Board recessed and looked at the area to be painted. The Board felt that at that time, the hallway did not need to be painted. He stated that there was no reasoning to deny work to anyone; it was based on if the work was a necessary expenditure. Mr. Bailey replied that the purchase order stated the work was for maintenance and painting, which was written as such as the request of the Finance Administrator because that is how she requested it be noted on invoices. He further explained that the maintenance line is to maintain all of the government buildings. Discussion ensued regarding closing purchase orders after November 30. Routine checks would be issued for normal monthly bills and he feels that the finance administrator was requesting this info for work that would occur through December. Mr. Stack asked if this would be considered as part of the normal monthly bills similar to phones, electricity, etc. Mr. Bailey stated that this line is for many issues and many vendors. Selectman Bryer noted that there is policy for emergency circumstances. Discussion ensued and Mr. Bailey stated that this process needs to be resolved and he asked why the funds needed to be encumbered. Selectman Bryer stated that if the money does not get spent then the funds go to the surplus and he feels that this is a misunderstanding. The Board was in agreement that they felt they were voting on painting of the hallway and that was the only item. Service Awards Mr. Stack provided the Board with Employee Service Awards for their signatures. Awards will be presented to the following employees for years of service: Marcia Severance - 30 years Judy Pease - 25 years Linda Smith - 20 years Joseph Knox - 20 years Donald Gardiner - 5 years Matthew Zobel - 5 Years Equalization Ratios Mr. Stack presented the Board with the equalization municipal assessment data sheet certificate. **Motion** Selectman Dill made a motion, seconded by Selectman Bryer, to authorize the equalization data sheet to be put on line. Motion passed unanimously; 3/0. Reports Town Administrator’s Report Bennett Bridge Mr. Stack stated that everything should be completed by 12/24/09 except for the top coat and granite curbing. The parking area has been determined to be a bit short so this will be increased in the spring. Some change orders were done regarding masonry repair, which was pre-existing and some trees will need to be removed. Cell Phones and Landline Mr. Stack stated that he has contacted Verizon who will be sending a proposal. He added that a meeting has been scheduled regarding the Centrex system as well. Health and Dental Insurance Rates Options Mr. Stack stated that he has met with the Primex representative regarding health insurance coverage alternatives including possibly increasing office visits co-pays and prescription reimbursements. He added that options for dental rates will be forthcoming. He added that he hopes to have this information available for the Board for the January 12 meeting. Outstanding Projects List Mr. Stack stated that he has updated the outstanding projects list for the Board’s review. Selectmen’s Reports Selectman Bryer wished everyone a Merry Christmas and a Happy New Year. Selectman Holden also wished everyone a Merry Christmas as well and thanked the employee’s and volunteers who throughout the year have kept the town going. He added that the Selectmen appreciate everyone’s efforts and look forward to good year. Selectman Dill wished all a Merry Christmas and a Happy New Year too and stated that the employees and volunteers do a wonderful job. He added that he has also heard comments that the holiday party was missed this year. He acknowledged that he understands why it was dropped as the employees have worked very hard in previous years to make the holiday parties a success. He hopes that there will be a party next year. Selectman Dill stated that he has spoken with Code Enforcement along with the Planning staff regarding emails he had received relative to Sugar Momma’s business being located within a residential area. He stated that he hopes to have additional information at the next meeting. He added that there are some exemptions for agricultural and he noted that there are some Town regulations that he has reviewed with Linda Smith, Planning Board Administrator. Citizen’s Forum Steve Bailey wished everyone Merry Christmas and stated that he would like to see a combined Christmas party with the employees and volunteers. Selectman Bryer stated that there was a combined party last year and Mr. Stack noted that the Town Hall employees had a staff luncheon. Non-Public Session 8:23 p.m. **Motion** Selectman Holden made a motion, seconded by Selectman Dill, to go into non-public session under RSA 91-A:3, II (c) and (a). Roll Call Vote: Selectman Bryer - unavailable Selectman Holden - yes Selectman Dill - yes Motion passed unanimously; 2/0. 8:43 p.m. **Motion** Selectman Dill made a motion, seconded by Selectman Holden, to come out of non-public session. Motion passed unanimously; 3/0. **Motion** Selectman Dill made a motion, seconded by Selectman Holden, to seal the minutes of the non-public session. Motion passed unanimously; 3/0. **Motion** Selectman Holden made a motion, seconded by Selectman Dill, to reduce ambulance billing account #41996 from $886.94. by 50%. Motion passed unanimously; 3/0. **Motion** Selectman Bryer made a motion, seconded by Selectman Holden, to approve Charles Crowley as a call fire fighter. Motion passed unanimously; 3/0. **Motion** Selectman Bryer motioned, seconded by Selectman Holden, to approve the request from Judy Pease, Town Clerk/Tax Collector, to use a temp service from the list available from the town clerks association, at the rate of $15. per hour, not to exceed $2,376. Motion passed unanimously; 3/0. Adjournment 8:45 p.m. **Motion** Selectman Bryer motioned to adjourn, seconded by Selectman Holden. The motion passed unanimously; 3/0. Respectfully submitted, Lisa Fellows-Weaver Board Secretary
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