Selectmen’s Board Meeting
October 4, 2012
4:30 p.m.
Present: Jerry Dougherty IV, Chairman, John Allen and Bob Thompson,
Selectmen
Visitors: Hank Benesh, Jerry Dougherty III, Kathleen Dougherty, Holly Lewis, Joyce Allan, Bill Wogisch, Library Trustees, Wendy Duffy and Edith Houlihan.
Selectmen Chair Jerry Dougherty called the meeting to order at 4:31p.m. Due to the recording secretary tending a family medical issue, minutes of September 27, 2012 were not available for approval.
- Public Comment Library Trustee Wendy Duffy questioned a comment made by Road Agent Jay Henry regarding the Library “constantly asking for stuff” from a maintenance of town property discussion during a Selectmen’s Work Session meeting. Chairman Dougherty explained that it was a broad statement made by Road Agent Henry. The comment was not intended to target the library, nor meant negatively but rather to express his “plate was full,” coupled with the demands of the baseball field, park maintenance, town parking lot and sidewalks was straining his time and also impacting the maintenance budget to the point that adjustments would have to be made. Upon questioning available funds for the lights, Chairman Dougherty assured Library Trustee Duffy for next year’s budget, he would obtain cost estimates for
lighting in the parking lot.
Library Trustee Edith Houlihan questioned a comment made by Bea Davis, “that the library needs to get their priorities straight,” during a Selectmen’s meeting regarding the town paying for the water line hook up for the Library while the Library was spending money on furniture. Library Trustee Houlihan requested correction of the minutes to reflect that private funds and not the town paid for the furniture. She also pointed out that the Library was hooked up to the water line at the same time the water line was being installed for the new highway garage. Chairman Dougherty believes that it was not Bea Davis’s intent to characterize that the town paid for the furniture but to emphasize that the town paid the parts from the highway garage construction budget in order to hook up water to the
Library.
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Chief Karl Myers provided work details from the following report: Prescription sun glasses found; cat with kittens found at a local B & B was brought to the human society for neutering and adoption at no expense to the town; reported loose horses on Black Mountain Road; responded to a 911 hang up; a female bear was shot leaving behind bear cubs staying up a tree near Whitney’s Inn, Fish & Game was called; responded to a domestic residential dispute; investigated a complaint of flickering lights on NH Route 16 due to a fallen branch on electrical lines; conducted a VIN verification; responded to an allergic reaction call; took a complaint report of a motorist speeding on Thorn Hill Road.
- Building Permits - Andy Chalmers, Building Inspector
- Hoy, Robert & Paula (R12, Lot 160) Install bathroom in Shed/Cabin
Building Inspector Andy Chalmers reported not receiving the septic approval and setback information from the contractor yet. The primary home, a bunkhouse and a new shed was observed on the property while visiting the site to determine structure setbacks. The board decided to table the application until the 30 days are up allowing time to receive the septic approval and setback information.
- Hana Equity Partners, LLC (Map R8, Lot 22) Notice of Violation Andy provided a sample of the Notice of Violation he drafted to Selectmen. During discussions, Chairman Dougherty made a distinction between using language such as a “stop work,” “cease and decease” and “discontinuance orders.” He recommended avoiding issuing “stop work,” or “cease and decease orders” and favoring instead a “discontinuance order.” He explained the town’s potential difficulty in verifying when building occurred per diem from issuing “stop work,” “cease, and decease orders.” According to the NH Bar Association, leverage diminishes when obtaining the payment of the fine while trying to prove the number of days that work occurred during the violation period.
Building Inspector Chalmers reminded Selectmen construction work needs to be address that is currently underway without a Building Permit. There was discussion to additionally cite the State Building Codes in the Violation Notice but instead the Board agreed with just referencing the Town’s Ordinances since the State Building was not properly adopted. Chairman Dougherty will draft a Notice of Violation letter tomorrow that cites the violated sections of the Town’s Ordinance, the date the violation was first noticed, how the violation would be corrected and fines that may be levied. Selectmen Allen and Thompson will stop by the office and sign the letter tomorrow as well. Selectman Thompson moved and John Allen seconded to approve the issuance of a Violation of Notice letter citing violation of the Town’s Ordinances; building with out a Building Permit and building within the setbacks, all were in favor and the motion passed unanimously.
- Lunaterra, LLC (Map V1, Lot 45) Enlarge breakfast and kitchen room Building Inspector Chalmers recommended issuing a permit, there was no discussion.
Selectman Allen moved and Selectmen Thompson seconded to approve the building permit as recommended, all were in favor and the motion passed unanimously.
- Lewinger, Beth & Dyer, Richard (Map V2, Lot 37A) Renovate interior Building Inspector Chalmers recommended issuing a permit, there was no discussion.
Selectman Thompson moved and John Allen seconded to approve the building permit as recommended, all were in favor and the motion passed unanimously.
- Lewis, Holly (Map V8, Lot 30) Certificate of Occupancy Chairman Dougherty
suggested moving forward in issuing a Certificate of Occupancy (C.O.) specifying on the C.O. town septic ordinance and boundary setbacks were met. Selectman Thompson moved and John Allen seconded to approve the Certificate of Occupancy permit as recommended, all were in favor and the motion passed unanimously.
- Town Auditor’s 2011 Financial Report – MS 60 Chairman Dougherty expressed concerns with unfair comments and incorrect financial numbers made in the audit report regarding the Conservation Commission. Selectmen Thompson suggested contacting Dave Mason, the Elected Auditor to change the language in the comment section of the report made toward the Conservation Commission. Chairman Dougherty wondered how the Auditor came up with $27,310.11 in expenditures. Selectmen Thompson explained receiving an email from Conservation Commission Chair Larry Seibert stating only $13,700.00 was actually expended. He wondered by correcting the reports figure to the actual expenditure would motivate the Auditor to toned down the language so it’s not so personalized. Chairman Dougherty felt the rest of the audit report
was fine and appreciated Dave’s work on the report.
Office Administrator Diane Falcey explained that the ending balance of December 31, 2011
verified by Dave against the bank statement was correct in his report but pointed out that
the Conservation Funds account in error reimbursed the town’s general fund twice in 2011.
The mistake was discovered in February of 2012 and corrected by issuing a check from the
general fund and deposited back to the Conservation Funds. The Board concluded the
transfer of funds made twice in 2011 in error gave the Auditor the appearance more funds
were expended then what was actually spent which Auditor Mason should take into account
by changing the language in his comments towards the Conservation Commission.
Selectmen Thompson volunteered to talk with Auditor Dave Mason over the weekend.
Public Comment: Bill Woguish questioned why it took so long to detect the error and why
didn’t the Auditor pick that up. Chairman Dougherty explained that there are checks and
balances and as a result, the error was picked up. Office Administrator Falcey stated by the
end of January, after all the vendor statements are received, the books are typically closed by
mid February, then all the funds are reconciled.
Public Comment: Holly Lewis questioned if it could have been noted in August of 2012 in the Conservation Funds that there was an error to prevent this situation from happening again. Chairman Dougherty explained that there are over 100 transactions in many funds and to expect the Auditor to inspect all the transactions is unrealistic and pointed out that the Audit report made incorrect assumptions which needs to be corrected and that is also part of the Audit process. Office Administrator Falcey countered there was notation and it was in the binder but perhaps it wasn’t noticeable to the Auditor and she wasn’t aware when Auditor Mason reviewed the funds in order to bring the error to his attention.
Public Comment: Jerry Dougherty III questioned how the error was found to which Chairman Dougherty explained the numerous transfers that occur at year-end and the reconciliation procedures done to prevent errors from going unnoticed.
Public Comment: Chairman Dougherty was prompted to explained a question asked by Bill Wogisch that towns are required by law to have an audit and it is out of the Selectmen’s control who does the audit since it is an elected position and also described the legal process in appointing an auditor if there are no candidates running for the position. He further explained that if the board were to hire a Certified Public Accountant it would cost the town over $12,000.00 per year and that’s why we chose to have an elected Auditor.
- November 6, 2012 General Elections – Notice to Inhabitants Certification Selectman
Thompson moved and John Allen seconded to approve and signed the Notice of
Inhabitants Certificate, all were in favor and the motion passed unanimously.
Public Comment: Jerry Dougherty III inquired whether the Selectmen received notification from Town Moderator Bill Kelley whether he’d be available for the up coming elections, to which they replied no. Chairman Dougherty replied that it would be between Moderator Kelley and Assistant Moderator Dougherty III to determine who will be moderating the elections should Moderator Kelley not be available.
- NH Association of Assessing Officials 2012 Election Ballot Selectmen unanimously agreed to vote for the nominated candidates recommended by the NH Association of Assessing Officials members.
- NH Electric Cooperative Right of Easement Thompson moved and John Allen
seconded to approve and signed the Right of Easement, all were in favor and the
motion passed unanimously.
- Public Comment Bill Wogisch asked Holly Lewis whether she was satisfied with the Occupancy Permit and she replied that she was. He also inquired whether the town was being sued and wondered what the litigations were about. Chairman Dougherty’s response was that the first litigation on the agenda pertained about Holly Lewis and the other was an Elderly Exemption Application on appeal through the Board of Tax and Land Appeal.
- Board Issues No board issues
- New Business Chairman Dougherty updated the board regarding the paving that occurred at the Transfer Station this past Friday. The paving company will be back to correct work done near the dumping bins allowing the water to slope back.
- Old Business:
- Board Policy
- Job Descriptions The board decided to schedule a work session to review the job description drafts at the next Selectmen’s meeting.
Bartlett-Jackson Transfer Station
- Implementation of Bartlett-Jackson Transfer Station Agreement Chairman
Dougherty gave an update on transfer station employees announcing that
they were now all hired by the Town of Bartlett and reconciling the cost
sharing apportionment of 75/25% expenses for 2011 and 2012 were
currently being worked out. Office Administrator Falcey was directed to
break out separately the payroll, pension, health insurance, Worker’s
Compensation and payroll expenses from March 1, 2011 though December
31, 2011 and from January 1, 2011 though August 31, 2011.
- Hearing Chairman Dougherty solicited suggestions from the public whether
to include the hearing in conjunction with the Selectmen’s meeting. Based on
public input Selectmen scheduled the Transfer Station hearing on October
25, 2011, a separate date rather than combining with a Selectmen’s
meeting. The hearing will be held at the town offices at 7:00 p.m.
Public Comment: Bill Wogisch added an additional comment targeting a section of the Auditor’s report that cited some time cards didn’t indicated lunches taken and that some employees who didn’t document lunch taken had waivers on file and didn’t think this was legally allowed. He further remarked the importance of treating times cards as a legal document. Chairman Dougherty explained that internal controls are being reviewed and that Selectmen are satisfied with the employees’ lunch time documentation and said the waivers are legal.
Bill Wogisch complemented the Selectmen Board for allowing the public to question and make comments and for their knowledge with the State Laws.
- Non-Public Session RSA 91-A:3 II(e)- Litigation Selectmen Thompson, seconded by Selectman Allen, made a motion to go into Non-Public Session in accordance with RSA 91-A:3 II(e) to review and discuss an issue at 6:20 p.m. The motion passed unanimously. Office Administrator Falcey was discharged from recording the minutes.
The Board returned to Public Session at 6:55 p.m.
Selectmen Thompson made a motion to seal the minutes of the Non-Public session based on pending litigation, seconded by Selectmen Allen, and passed unanimously.
- Non-Public Session RSA 91-A:3 II(e)-Litigation Rescheduled for next Selectmen’s meeting.
Selectmen Thompson motioned to adjourn the meeting, seconded by Selectmen Allen, and passed unanimously. The meeting was adjourned at 6:55 p.m.
Respectfully submitted,
Diane Falcey
Office Administrator
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