The Town of Northwood, New Hampshire

Selectman Bryer read an excerpt from the Knowing the Territory regarding selectmen acting as a board and the Right to Know Law, RSA 91-A. He explained that two of the selectmen had signed a letter on August 14 regarding the town administrator?s benefit package and it was mailed out August 15. Mr. Bryer stated that the selectmen?s meeting had not taken any action on the benefits until August 28. He asked why two selectmen had acted on this and it is a violation of the Right to Know Law. Mr. Shaffer replied that he thought it was common practice and thought Mr. Bryer would also be signing the letter. Mr. Witham had no comment.

Citizen Forum
Ginger Dole referred to a meeting two weeks ago and a motion had been made and seconded approving the benefits package for Ms. Cady without requiring a waiting period. She expressed concern why the public was not allowed to speak and asked what other meetings that Mr. Witham and Mr. Shaffer have had. She asked how the town is supposed to believe anything from the two of them, they do not care about the laws or what other people might think. She added that the town?s people will not accept this.

Tammie Beaulieu stated that the excuse of inexperience from Mr. Shaffer is getting old and that he needs to learn what is right and wrong and added that if that is not enough, you hire a town administrator whose job is to advise the board. She added if Ms. Cady mailed the letter knowing that the proper procedure had not been followed. Ms. Beaulieu stated the board should be ashamed of themselves and they need to do what is right for the Town Of Northwood.

Kate McNally asked that the questions of Ms. Dole be answered as far as to what other meetings have occurred without the knowledge of the chairman. Mr. Shaffer replied none that he is aware of. Ms. McNally referred to one other meeting that had occurred that was called by Mr. Shaffer and Mr. Witham. She explained that Mr. Bryer had not seen an agenda and Mr. Shaffer added that he had not seen an agenda. He explained that the meeting was called due to being late for the financial statements (MS-1). Mr. Bryer stated that he received a phone call from Ms. Cady stating that Mr. Witham was calling a meeting as the MS-1 needed to be signed and Ms. Cady?s benefits needed to be discussed. Mr. Shaffer added that that was the same phone call he received. Ms. McNally stated that the chair did not call the meeting and he is the only one that can call a meeting.

Ms. McNally asked if the town administrative was still classified as an at will employee? Mr. Bryer referred to the August 28, 2006, minutes and stated that the question had been asked and he along with the other selectmen had agreed that the town administrator was an at will employee.
Mr. Shaffer noted that the selectmen need to be scheduling work sessions to get issues accomplished.

David Church stated that Ms. Cady is a valuable employee and she is doing a good job. He stated that there is no reason to question as to why she should not be getting her benefits. He added that it has been a long time since someone has done their job and the board is fighting it; it is crazy.

Mr. Bryer read an email he received from Wendy Dampier, LGC Health Trust regarding retroactive periods for benefits and the fact that the town needs to be consistent in offering personnel the benefits due to claims being covered for that employee and their dependents. Additional discussion ensued regarding the employment status clarification of Ms. Cady and if she is an at will employee or under contract. Mr. Bryer referred to the August minutes in where it is stated at will. Mr. Shaffer stated that he did state at will, at that time. Mr. Witham added that there will be a contract and it is being worked on. Mr. Witham stated that he does not understand why this has been a witch hunt from the beginning. He exclaimed that he has never lied to the public and that he will continue to act in the public?s best interest and they need to live with it.

Janet Delfuoco-Goad read a letter from the police department regarding the animal control officer exceeding his hours due to picking up dead wildlife on the sides of the road. Ms. Delfuoco-Goad explained that she has had a fox or coyote in her neighborhood and has lost one of her animals. Mr. Bryer explained that the board voted unanimously to reduce the hours of the ACO and this was how to reduce them. He added that the board did not tell the ACO to stop complete overtime as he would need to address animals when they are threatening to humans. Ms. Cady added that she was told that he was going to bring cages to the Goads residence and he had not done so. She said that she called the ACO and also Fish and Game for her. Ms. Delfuoco added that the road agent is helping the ACO pick up the dead wildlife and shouldn?t be if they do not have all of their shots. Ms. Cady replied that she has spoken to Mr. Wilson who had stated that he was helping the ACO and Ms. Cady advised him to get all of his shots. Mr. Bryer asked the board if they were all in agreement that the ACO should address the fox or coyote matter. Mr. Bryer added that the dead animal matter will addressed on a case by case issue.

Mr. Bryer provided the town administrator the original document and post mark of the letter signed by Mr. Shaffer and Mr. Witham that was mailed by Ms. Cady August 14.

Appointments:
Don Arsenault-Health Officer:
Don Arsenault met with the board regarding his appointment as health officer. He explained that it is the choice of the selectmen to reappoint him as well as the deputy health officer. Mr. Bryer explained that the selectmen only recommend appointing and it is the job of the Commission of the Health and Human Services Department. Ms. Cady explained that the board had discussed what the board?s inclination for the health officer position. Mr. Arsenault stated that his appointment expires in October. Mr. Bryer suggested that the board meet with the health officer, Tuesday, September 19 at 7:00 p.m. Mr. Arsenault agreed. **Motion** Selectman Shaffer motioned to hold a work session,
September 19 at 7:00 p.m. Seconded by Selectman Witham and made unanimous 3-0 by Chairman Bryer.

David Church-Class VI Road, Range Road:
Mr. Church explained that he would like to put in two driveways on Range Road. He referred to RSA 674:41 and ?A Hard Road to Travel?. He stated that he believes that he has the right to add these driveways. Ms. Cady stated that the road is a Class VI road and is owned by the Town Of Northwood. Discussion was held regarding a title for the area. Mr. Bryer asked permission to acknowledge Marion Knox as she has been researching this matter. Ms. Knox stated that she had provided a letter of recommendation which Mr. Bryer read into the record. The letter stated that the road could either be a discontinued road or a Class VI road. Ms. Knox recommended that town counsel be contacted and offered three suggestions relative to the road matter. Dr. Kim Nelson, 1 Range Road, referred to RSA 236:9 prohibiting everyone from excavating the road. She expressed concern with clearing being done without permission from the selectmen and added that the road has been changed. Julie Perron, 7 Range Road, expressed concern regarding if the road is opened for access for Mr. Church, how many others would also start using the road. Mr. Bryer stated that he does not have a problem with Mr. Church working on the road. Mr. Church explained that he feels that he is being barricaded from his property due to the growth of trees in the road. Further discussion continued regarding the costs and the fact that the town cannot expend funds on this. Mr. Church stated that he would be held responsible for any damage done to the road. Mr. Witham stated that Mr. Church is simply asking to access his own property. This matter was continued to the next selectmen?s meeting, September 26 and Ms. Cady will contact counsel for a legal opinion.

Chairman Bryer called for a recess.

Jim Wilson-Road Performance Plans:
Mr. Wilson stated that work on Ridge Road and Harmony Road will begin by the end of September. A discussion was held regarding the work that will be done; stumping, grading, and the amount of gravel and asphalt will be used. Mr. Wilson explained that there will be areas along Harmony Road that will be 24? wide and other areas that would be 22?. Mr. Witham stated that he would like to have Rockingham County Conservation District (RCCD) to come in and check the engineering of Harmony Road. A brief discussion was held regarding the costs of asphalt. Mr. Wilson stated that he feels that the price will not be going down any time soon. **Motion** Selectman Witham motioned for RCCD to do the engineering for Harmony Road. Seconded by Selectman Shaffer and made unanimous 3-0 by Chairman Bryer. Mr. Witham asked about the trucks. Mr. Wilson explained that the trucks have all been taken care of at Liberty. He is waiting for contracts to come back for plowing. He stated that the contracts are the same as last year.

Mr. Witham requested that the board enter in an executive session for a personnel matter. Mr. Bryer was not sure as to why this was being requested as was Mr. Wilson. Mr. Witham asked Mr. Wilson how long it had been since he approached him regarding maintenance on vehicles; 6 weeks. Mr. Wilson replied about that. Mr. Wilson stated that he has just completed maintenance on the truck about 1,000 miles ago. It is all documented in a book that he was requested to do. Mr. Witham referred to the $400,000 remaining in the highway budget. Mr. Bryer replied that the selectmen have been holding the road agent back from doing the work. Mr. Wilson replied that the paving should have been done back in August and he is not going to take the blame for the delay. Mr. Witham stated that nothing has been done. Mr. Witham stated that he has done work in town. Mr. Bryer stopped the discussion and told Mr. Witham to stop harassing the town employees. Mr. Bryer apologized to Mr. Wilson for this evening.

Recreation Commission:
Chris Andrews and Janet DelFuocco-Goad met with the selectmen to provide an update as to the progress and programs of the recreation committee. Mr. Andrews explained that summer camp was a success and the summer fest. He thanked Mr. Witham and Mr. Bryer for their help. He added that they are currently planning a Halloween activity along with fall senior trips. Winter programs are also in progress and are being scheduled. In addition, they are trying to create a land subcommittee to review the town?s fields. Ms. Goad explained that the Boy Scout camp should be repaired from damages so it can be utilized for winter activities. Ms. Goad requested that the selectmen attend the September 14, 2006, recreation committee at which time the land subcommittee will be created.

Attorney Bielagus, Ridge Road.-Map 221; Lot 10.
Ms. Cady explained that there was a subdivision of the property and a note was put on the plans stating for use of the town; however, it was never deeded to town. The property has been sold and has been built on. Atty. Bielagus would like to clear the title by having the selectmen sign stating that the Town Of Northwood has no interest in the land. Ms. Cady explained that years ago this would have been designated as town use and for some reason has never been deeded to the Town Of Northwood or never owned by the Town Of Northwood. Mr. Bryer requested to table the matter to the next meeting, pending additional information from Atty. Bielagus and a more specific location.

Treasurers Report:
Mr. Knox explained that he has met with 3 banks regarding the investment accounts for the town. He stated that the final figures will be 5.03% for investments and 3.6% for borrowing. He added that there is a good possibility that the town will need to borrow 1.2 million. He noted that the town has not borrowed in 20 years, yet he feels that the town needs to be prepared. In addition, Mr. Knox explained that the checking account and investment accounts will be joined into a sweep account, which will have a higher amount so the interest will be larger. This will be done on a daily basis. No services charges will be assessed either. Mr. Knox stated that he will not borrow any more than necessary until tax bills go out. Mr. Shaffer asked about Senate Bill 357 and if it would help the town. Mr. Knox replied that he is not sure, at this time. Senate Bill 357 will be discussed at another time. Mr. Bryer added that should the town wish to use SB 357, the town would need to switch to a fiscal year budget. He added that that would need to be addressed at town meeting.

Conservation Commission:
The commission retracted their appointment.

Chairman Bryer called for a recess.

Acceptance of Minutes:
August 8, 2006:
**Motion** Selectman Witham motioned to approve the minutes of August 8, 2006, as written. Seconded by Selectman Shaffer. Chairman Bryer made the motion unanimous; 3/0.

August 22, 2006:
Page 1- Selectman Shaffer
Page 2- line 28, first not second
Page 4-line 38, change has to as
Page 5-? does not feel the selectmen have the authority to exceed the date based on the warrant article,
line 43-Jandebauer experience is?
?received outside calls saying she didn?t have a criminal background check?
? agendas
Page 6-line 38, questioned
Line 40, excessive (delete one)
Page 11-line 22, Mr. Arsenault asked
**Motion** Selectman Shaffer motioned to approve the minutes of August 22, 2006, as amended. Seconded by Selectman Witham. Chairman Bryer made the motion unanimous; 3/0.

August 28, 2006:
The minutes of August 28, 2006 were postponed to September 19, 2006.

Town Administrator?s Report:
Coe Woods:
Ms. Cady stated that she received notification from town counsel that the Coe Woods trial has been rescheduled to April 2007. She added that the SEA interrogatories have been received and suggested that they should be read by a selectman. Mr. Bryer requested copies of the material. Ms. Cady explained that a reason for the postponement was not specified; however, she stated that it was probably due to attorney?s preparation time.

Pay Classification Proposal:
Ms. Cady presented the board with figures she obtained regarding the proposal for the wage and salary classifications. She contacted Pimex, who does not do this type of a study. Local Government Center proposed $125. per position if they do not do the job descriptions and $225. if they do the job descriptions. Mr. Bryer mentioned that the Town Clerk/Tax Collector should be added to the wage plan. The board agreed to further discuss this matter, Tuesday, September 19, 2006.

Pre-Disaster Mitigation Competitive Grant:
Ms. Cady stated that she has submitted the mitigation grant for the consideration of the box culverts for Olde Canterbury and Old Turnpike Road. This is a two day workshop with attendance required for September 28 and 29 from 8:30-4.

MS-1:
Ms. Cady presented the board with the MS-1 extension, which was signed by the selectmen and will be sent to DRA by September 19. Mr. Bryer asked what the town?s evaluation was at this time. Ms.
Cady replied that she would check in it.

Ballot Clerk Appointments:
**Motion** Selectman Shaffer motioned to approve the following people as ballot clerks:
Arlene Johnson
Jane Bell
Terri Madison
Joann Bailey
Kenneth Curley
Marion Knox
Nona Holmes
Joseph Knox
Seconded by Selectman Witham. Chairman Bryer made the motion unanimous; 3/0.

Elections:
Mr. Shaffer asked about the process of elections for tomorrow. Ms. Cady replied that the selectmen should be present for the opening and closing of elections. Mr. Bryer added that usually there are only two at opening and two at closing. Mr. Witham and Mr. Shaffer will be at the opening and Mr. Shaffer and Mr. Bryer will be at closing.

Consent Calendar:
**Motion** Selectman Witham motioned to approve the consent calendar of September 11, 2006, as presented. Seconded by Selectman Shaffer. Chairman Bryer made the motion unanimous; 3/0.

Coe-Brown Academy Raffle:
Ms. Cady presented a raffle request from CBNA for signatures. All selectmen signed the raffle request.

Cemetery Deeds for Perpetual Care:
Ms. Cady presented the board two cemetery deeds for perpetual care for signatures.

Bids Received:
Ms. Cady stated that a bid has been received from Steve Bailey for the painting of the Chesley Library for $2200. and $2400. for the Northwood Town Garage. Already approved were the Bryant Library and the garage to Chipman Belyea. Ms. Cady stated that this bid did not come in, in time. Mr. Bryer suggested that the town?s request for bids be noticed on the website. The board postponed this discussion to the work session and requested additional budget information.

Generator:
Ms. Cady presented the board with an estimate from Mr. White relative to upgrading the generator in town hall to cover all of town hall rather than just the emergency lighting. She added that she has received information from Homeland Security for grants available for the generator. Further discussion was held regarding air conditioning services and Ms. Cady stated that she did not check into this, only for electricity purposes.

Seacoast Beekeepers Association:
Ms. Cady stated that the Seacoast Beekeepers Association has requested to be added to the website. The board agreed that it was okay.

Certificate of Liability Insurance:
Ms. Cady stated that she has received a certificate of liability insurance from Lamprey River Clinic to show proof of insurance.

Workshop Offered by DRA:
Ms. Cady stated that there is an upcoming workshop offered by DRA regarding determining what a charity for taxation purposes is. Mr. Shafffer offered to attend the October 3 session.

Safety Committee:
Ms. Cady stated that she has asked Mr. Hickey to attend a safety workshop presented by the Local Government Center, (LGC). She added that she had a discussion with Mr. Hickey regarding attendance. Mr. Bryer asked how many members there are on the committee. Ms. Cady replied 7 members are necessary. Mr. Bryer added that 4 would be a quorum. Additional discussion was held regarding the fact that the committee is a mandatory committee per the insurance provided for the town and if there is a problem obtaining members it is a required meeting that the members must attend, as part of their job. Danielle Fortin, committee secretary, explained the time frame of meetings. Selectman Bryer suggest the Ms. Cady email the members to see if an evening meeting, held quarterly would be more productive for attendance.

Letter of Resignation:
Ms. Cady presented the selectmen with a letter of resignation received from Jessi Leavitt on August 30 effective September 7, 2006, for the assistant human services position. **Motion** Selectman Shaffer motioned to accept the resignation of the assistant human services director position held by Jessi Leavitt, with regret. Seconded by Selectman Witham. Motion passed 2-0, as Chairman Bryer voted no as he was not sure if the town could be without a director of human services as well as an assistant.

Complaints at the Transfer Station:
Ms. Cady stated that she has received complaints regarding the transfer station. Residents have expressed concern regarding the possible misuse of other residents? stickers. Ms. Cady noted that Mr. Preston has had an accident and has hurt his back. He did go to Frisbie Memorial Hospital and has follow up with the Lamprey River Clinic. In addition, Ms. Cady stated that Mr. Preston has requested to have the transfer station open again on Mondays. He requested four more hours with only 2 staff present. Mr. Bryer asked if the transfer station budget is adequate for the increase. Mr. Preston replied that his budget had enough money to cover the costs. **Motion** Selectman Witham motioned to open the transfer station on Mondays, 8-noon. Mr. Bryer stated that he wanted to review the transfer stations budget. No second was offered. The motion failed. Mr. Shaffer stated that the machines are getting old. Additional discussion was held regarding the trust fund and Ms. Cady will review the warrant article in the 2002 town report.

Sick Time:
Ms. Cady asked the board if sick time would be considered for an employee to use if they were taking their child to a health related appointment. Mr. Bryer replied that where he works, at the state, he is allowed 5 days for family sick time, which is for this purpose. He also noted that Primex is holding a workshop relative to personnel policies on September 26. In addition, he added that the town has had difficulty in the past in rewriting the personnel policy with other town departments. He requested that two members of each department; Library Trustees and Police Commissioners or one with a department head, attend the Primex workshop. Ms. Cady noted that there can be areas in the policy noting that the policy is such for the library and police, if necessary. Mr. Bryer stated that this will be treated as it has been in the past as there is a workshop relative to this matter upcoming.

Ground Water Report:
Ms. Cady provided the board with an updated report on the Shell station.

Selectmen?s Comments:
Mr. Bryer stated that he would like to see the committee established for the personnel policy. He stated that the budget committee is meeting September 13, and he would like to have Ms. Cady analyze the accounts for encumbered funds or expenditures. He requested that the information be updated to August 31, 2006.

Mr. Witham had no comments.

Mr. Shaffer stated that Mr. Preston had mentioned to him that there may be some grants available. He stated that the board needs to have some work sessions in order to get some things accomplished. He asked what the procedure is when a law suit comes in against the town. Mr. Bryer replied that if the town is served, he is provided a copy at his house and the town clerk also is served. Mr. Bryer further explained the process of litigations. He explained that the selectmen would discuss litigations with town counsel. Ms. Cady referred to a right to know case in Hampton. Mr. Shaffer asked about the administrative study committee meetings. Mr. Bryer replied that all meetings are posted and minutes are provided. Ms. Knox explains that the first meeting is information and the second is preliminary to the selectmen.

Public Comments:
Jean Lane asked for an update regarding the selectmen?s decision on Danielle Fortin?s insurance benefits. Mr. Bryer referred to reading an item into the minutes previously in the meeting. Ms. Lane stated that Ms. Fortin deserves the benefits for her 11 years of service. Mr. Bryer thanked Ms. Lane for her comments.

Ginger Dole stated that she has been going through the July 31st financial statement. She stated that she is concerned. She noted that she has not seen any encumbrances for the year and open purchase orders. She stated that salaries to be paid out through December 31, total $464,000. She stated that this leaves $364,000. and there is $322,000 in the highway department?s budget. She added that this does not include any vendor runs or necessary supplies. Ms. Dole noted that the town is already in the red for tipping fees and transportation costs. Mr. Bryer requested that the budget committee be provided the most up to date information through August 31.
Tammie Beaulieu asked clarification about appointments in that terms must be made. She suggested that the policy be followed by the town administrator. Ms. Cady stated that the policy is a state law.
**Motion** Selectman Shaffer motioned to approve the following people as ballot clerks appointed until March 31, 2007:
Arlene Johnson
Jane Bell
Terri Madison
Joann Bailey
Kenneth Curley
Marion Knox
Nona Holmes
Joseph Knox
Seconded by Selectman Witham. Chairman Bryer made the motion unanimous; 3/0.

Jean Lane asked if the board made a decision regarding benefits for MS. Fortin. Mr. Bryer stated that he sympathizes with Ms. Fortin and the town must treat all employees fairly. He stated that the board will be reviewing the personnel policy and health insurance will be revisited at that time. He added that Ms. Cady is an at will employee at this time.

Kate McNally asked if the town administrator?s benefits have been decided on and when that will be done. She added that she was appalled at comments made earlier. She does not appreciate an attempt to intimidation. She stated that the town?s people are here to give opinions and we increased the tax rate as the people in town.

**Motion**
9:25 p.m. Selectman Witham motioned to adjourn. Seconded by Selectman Shaffer. Chairman Bryer made the motion unanimous 3-0.

Respectfully Submitted,

Lisa Fellows-Weaver
Board Secretary

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