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Board of Selectmen's Minutes 03/16/2009
Town of New Boston
Selectmen's Meeting
March 16, 2009


PRESENT:               Rodney Towne                 Selectman
                             David Woodbury               Selectman
                             Christine Quirk                 Selectman
                             Burton Reynolds                 own Administrator


A.  CALL TO ORDER:  A regular meeting of the Board of Selectmen was called to order by David Woodbury at 7:00PM beginning with the Pledge of Allegiance.  

B.  PUBLIC COMMENT:  He noted the many years of service Gordon Carlstrom has given to the town, not only as a Selectmen but also as a School Board member, Fire Department member and other ways and has many contributions yet to make to the town and has made in the past and reminded the town to remember the spirit of public service he has exemplified in the past number of years.

 
C.  APPOINTMENTS:

 
          1.  7:00 PM                      Footbridge Grant Acceptance Hearing
 

This is a public hearing noticed in the Goffstown News for a second grant in the amount of $150,000 over the $150,000 grant already approved.  A letter from NH DOT was read saying that on December 5, 2008 NHDOT Transportation Advisory Committee met and reviewed a request from the Footbridge Committee to increase funds for the project.  DOT approved the request with $300,000 maximum allowed for the project contingent upon the Footbridge Committee acquiring additional money as well.  The Footbridge Committee decided not to ask for any more money from voters and are working on fundraising to raise their portion of the money required.  Some private contractors are expected to donate their time to the project, which will help offset the funds the Footbridge Committee is required to raise.  Bill Morrissey and Randy Parker from the Footbridge Committee have taken over the project.  Rodney asked if the Selectmen have been doing any fundraising and they said no but they did ask the Conservation Commission and Recreation Commission to make a contribution to the project.  The Selectmen want the project to succeed.  The Recreation Commission decided not to donate money from their revolving fund (not taxpayer money) to the project.  The Conservation Commission donated $5,000.  Rodney considered this a donation of public funds for recreation made up of current land use tax penalties, in other words, taxpayer money and Rodney questioned if this was an appropriate use of taxpayer money.  Brandy Mitroff said if the Conservation Commission did not make this donation to the project, the money would have been used as revenue against the tax rate to reduce taxes.  Dave doesn’t agree that would happen.  Brandy suggested the Selectmen should review the applicable Warrant Article that says the money the Conservation Commission has must be used for land purchases, not for just anything they want to use it for.  Burton said the Conservation Commission has two accounts, one fund for upkeep of trails and other things they want to spend money on, and one fund for open space purchases.  Dave and Christine said they are grateful the Conservation Commission was willing to make this contribution to this project.  Willard said it was very clear that no further taxpayer money could be used for the footbridge.  He feels the money from the Conservation Commission was taxpayer money, it was inappropriate for the Selectmen to ask for it and he knows the Conservation Commission gave it very reluctantly.  Christine moved to accept the grant.  Rodney seconded the motion.  All were in favor.


          2.  7:05 PM                      FEMA Fire Gear Grant Hearing


Fire Inspector Russ Boland was present to speak on behalf of Fire Chief Dan MacDonald regarding the FEMA Fire Gear Grant.  He said the Fire Department applied for a grant for fifty sets of gear one year ago.  The government awarded twenty-six sets of gear as only gear older than nine years old was eligible to be  replaced.  The value of the grant is $43,000.  New Boston is responsible for 5% of the cost of the new gear, which will total approximately $3,000, for a good return on its investment.  The gear will include helmets, coats, pants and boots.  Old gear that is not serviceable will be destroyed.  The Fire Department will donate any gear that is still usable to other Fire Departments in need.  New Boston received its gear through this program many years ago.  Rodney moved to accept the grant.  Christine seconded the motion.  All were in favor.


            3.  7:10 PM                      Ed Hunter                                    Building Dept.


Ed Hunter was not present to speak about his request for a fee schedule for windmills but sent a memo to the Selectmen saying he wants to establish a fee schedule of $50 for a windmill application plus $7 for each abutter notification required for the application.  Christine moved to accept the fee of $50 per wind energy system with the $7 per abutter notice fee.  Rodney seconded the motion.  All were in favor.    It was noted the Building Association members might go to the legislature for this because there is currently no public hearing process for this type of request.


            4. 7:25 PM                      Eric Seidel                         Library


Chairman of the library trustees Eric Seidel was present to meet with the Selectmen to discuss the library’s plan to go forward given the failure of voters to approve the library bond of $499,000.  The CIP plan was distributed.  Eric spoke about the history of the project, saying there have been several efforts to build a library over the past decade.  Around 2006 there was a complete turnover of the Board of Trustees and the new trustees developed a proposal that went to the voters.  The trustees tried to raise money to fund the building themselves.  A feasibility study was done in 2007.  After surveying potential donors, the trustees felt confident they could raise $500,000 and might even be able to raise $700,000.  They came up with a project to support a bond of $500,000.  The actual cost of the library was around $1.1 million and grew to $1.46 million but the trustees still decided not to exceed a $500,000 bond.  They raised $850,000 donations which, combined with the existing CRF and bond, equaled $1.4 million.  They are now researching what they can afford and still plan to build a new library.  They are encouraged by the amount they have raised so far.  They will not ask the town for another bond in 2010.  They will need to ask for the public funds in the CRF of $104,000.  They are now re-evaluating their options and developing a plan reflecting funds they have in private funds, CRF, fundraising and potentially from the stimulus package.  The stimulus package might not include libraries but might include furniture or materials.  They are also looking into in-kind commitments from local contactors.  The fundraising they did exceeded their expectations and the expectations of the feasibility study.  They will continue to try to raise more.  They were also encouraged by indications that voters were surprised by the outcome of the vote and hope that might stimulate more donations.  The trustees are trying to reduce the cost of the library by maintaining the footprint of the library but cutback on materials or eliminate or postpone some features such as plumbing the kitchen but not completing it and not paving the parking lot right away.  Eric will meet with Architect Roger Dignard tomorrow to discuss options.  If a Warrant Article is put forth in 2010 for additional public money to fund the library, Eric recommends it be used to support an aspect the trustees remove from the project.  Eric will meet with the Selectmen again once the plans are revised, it will probably take at least a couple weeks to do.  The trustees wondered whether, because the article received a majority vote, the CRF portion of the funding could be considered as passed and thus those monies made available to them.  Attorney Jed Callen is researching on behalf of the trustees.  Eric and the Selectmen reviewed the CIP and noted that $13,500 and $25,000 for the library won’t be used this year and will be postponed and the Lyndeboro Road project construction might be covered by the stimulus package so that amount might be lowered.  Burton estimated approximately $100,000 could become available for the library if they ask.  Eric expressed his concern that the economy could become worse next year and doesn’t want to go to voters for money but if the library has to do that they want to do it in a way that the building is not contingent on the outcome.

 
            5.  7:40 PM                      Chris Krajenka                    Police Dept.


Police Chief Chris Krajenka was present to meet with the Selectmen to discuss issues at the Police Department.

·         The Chief discussed an incident involving a resident who was stopped for speeding in a school zone and stated to the officer he had just moved to town and was not familiar with the school zones.  He also flashed a badge and alluded he is a police officer in Lowell, MA to the officer during the stop.  When told Chris would speak to his Chief in Lowell, he then said he works for the City of Lowell.  He was given a summons for speeding.  The Police Department has since become aware he has lived in town since approximately 2003.  They have learned he is a constable in Lowell, MA, works out of the Lowell Assessor’s office as a Child Support Enforcement officer and is a private investigator with addresses in New Boston, Andover and Florida, a business in Bedford, NH, his vehicle is registered in NH, a drivers license from MA and he has an out of state gun permit.  The resident sent a letter by certified mail protesting the summons and asking for an apology from the Police Department with an Andover, MA address.  Chris has determined it is clear he lives in New Boston and Chris has no reason to apologize.  He suggested that the resident meet with the Selectmen to discuss the problem but the resident declined.  The Selectmen decided to leave the handling of this matter to the Police Department.  Chris considered sending a letter saying the summons stands to the resident in response to his letter.  The Selectmen feel the summons stands for itself and this doesn’t warrant a letter in reply.

  • The Chief discussed a personnel issue reminding the Selectmen that the voters approved an eighth officer in 2008 when the Selectmen asked Chris to wait to hire the eighth officer and hire as close to the end of 2008 as he could, which he did.  The $250,000 revenue shortfall due to the state keeping the rooms and meals tax is no longer an issue since it has been reduced to a $25,000 shortfall.  Chris said the need for an officer was clear in 2008 and the Department is still experiencing hardship filling shifts and providing adequate shift coverage.  Burton said the governor has sent down good news that his budget no longer called for the rooms and meals tax they were going to take from the towns but the budget itself is up to the legislature, not the governor and they are not expected to complete the budget until the end of June and the town has to wait until it receives the state budget before it will know what is going to happen.  Revenues are driving the process this year, which is unusual.  Other sources of town revenue have been the Transfer Station and vehicle registrations, which are both also down.  Chris said he has just completed the hiring process for the seventh officer and would like to hire the eighth officer now as well as he has four excellent potential candidates, doesn’t want to lose them to another agency, there are many openings available at the Police Academy now that will soon be filled if New Boston waits too long to hire, and the Department has also learned from the survey they are conducting that the residents want more officer visibility in town.  Chris said the eighth officer salary was included in the Police Department budget from January 1, 2009 to December 31, 2009.  He can cut back on other areas of his budget if necessary and the additional cruiser could be pushed into next year.  The Selectmen asked Chris how he determines an officer would be a good fit for the town and Chris said candidates are weeded out by their results on the written and physical test, they go through a rigorous oral board consisting of community members and people with law enforcement backgrounds, then the candidates take the polygraph and psychological tests.  Chris selects the top candidate for the seventh officer position and will select the second ranking candidate for the eighth officer position if the Selectmen decide he can now hire the eighth officer.  He will offer the highest-ranking candidates a conditional offer with the condition of Selectmen approval.  So far Chris has not seen any potential problems with these 4 candidates, they still have to do the polygraph and psychological tests.  Chris feels he has been putting the right people on the oral boards.  The oral boards were very impressed with all four candidates.  He knows officers are going to cycle through the department but doesn’t want to be behind by two or three officers at all times.  The hiring process takes six months to complete.   The Selectmen said financial concern is the issue in their hesitation in hiring the eight officer.  It would have a financial implication of approximately $50,000 in the budget.  The budget process has been completed, the parties have determined there is a need and now the town needs to determine if it can afford the eighth officer.  Burton is trying to do a global assessment of all departments to determine where each department can make budget cutbacks.  Other departments also have to realize their department could also be affected by the state budget.  Revenues were considered an issue at budget time but are expected to decrease even more than originally expected.  Brandy Mitroff was present and said as a member of the Finance Committee she made a final decision on the budget based on the information the Finance Committee had been given.  She said the Finance Committee either made the right decision on the budget or didn’t have the correct information they needed to make the right decision.  She has researched the rooms and meals tax and determined that the percentage the municipalities get can’t be changed without the legislature changing the law and she thinks the legislature probably won’t do that in this case.  Dave said the tax overall is decreased just because people aren’t eating out as much but the town will probably get most of the percentage it usually gets.  Chris reminded the Selectmen he almost hired an eighth officer before, then the seventh officer also resigned and the department has probably reserved 6 months’ salary by being understaffed since.  The candidates would be hired with the understanding of a potential layoff.  If the town hires now and decides it can’t keep the officers it would lose $23,000 in training and $1,500-1,800 in outfitting but Chris said the buffer the department has now would cover that. 
  •  The Chief discussed an issue that has arisen regarding the personnel manual, as he is chairman of the personnel manual committee.  The committee, consisting of himself, Christine Quirk, Michelle Brown, Mary Barone, Cathy Widener and Burton has been working to review and revise the personnel plan over the last two years.  The process they used was to use the Local Government Center guidelines as a model for some of the policies; the committee would discuss changes, vote on them, make the change and then review them.  Chris said the committee made minor changes at their last meeting and the committee is now frustrated because things they agreed wouldn’t be included in the manual have since come from Burton to Michelle to add into the manual, and have the manual reviewed by counsel without the committee meeting again to review the changes.  These changes were made to the blogging policy, employee benefit policy, dress code and employee conduct.  Dave said as a board the Selectmen have made changes but weren’t told by Burton or Christine that the changes had already been agreed on.  Chris said the employees are waiting for this document and asked for a new document because the policies weren’t being followed.  The process is taking too long.  The committee is dissatisfied with the pace and changes that are being changed back and sent to legal without final review by the committee.  Burton said he recently spent seven hours reviewing it, made changes he felt were minor, and gave them to Michelle without going to the Selectmen.  He suggested the parties should look at the changes he made and make sure they agree to it.  The committee will meet again; Michelle will compile the manual and the Selectmen plan to meet on a night in April other than a regular Selectmen’s meeting to discuss it after reading it at home.
 

D.  APPROVAL OF MINUTES:


1.  Minutes of March 2, 2009 - The Selectmen reviewed the minutes.  Corrections were noted.  Christine moved that they be accepted as amended.   Rodney seconded the motion.  All were in favor. 


E.  OLD BUSINESS:

1.   Planning: 

·         A special Planning Board meeting was held last Tuesday night to discuss the program regarding driveway regulation Attorney Dwight Sowerby has proposed for the town that is different than what the town has been following where much of the power lies to the Fire Department or its designee instead of the Planning Board.  The Planning Board discussed if this interpretation was correct and if they wanted to follow it.  It was Dave’s impression that three of the five Planning Board members were in favor of voting against the new procedure.  They will discuss it again at their next meeting.  Dave will attend this discussion.  Dwight also mentioned most towns are not following the law on this.  Planning Coordinator Nic Strong is working on a model and the Planning Board is determining their authority and the Selectmen’s authority on this.  Dave hasn’t independently researched the RSAs Dwight references; he relies on Dwight’s authority on the matter.  Dwight has written a letter outlining the RSAs, the Planning Board has it and it is unknown if it is a public document.

·         Christine will take over as the Selectmen representative on the Planning Board at the next meeting.

2.    Survey- A meeting regarding roles will be scheduled in April with Carl Weber.  The Selectmen prefer the date of April 7.

3.    Potential Land For Town Use-The Department Manager meeting took place.  Nic will prepare minutes of that meeting.  The Conservation Commission will request an appraisal of the parcels.  Burton will ask Conservation Commission Chairman Ken Lombard for a timeline on when to expect the appraisal.  Engineer Kevin Leonard may be engaged to review topography to match up with how the departments plan to use the land and help to determine how commercial use could be added to the plan.  This would be for the gravel pit parcel and the abutting one that faces Byam Road.  Burton will ask Nic for Kevin’s fee.  Burton got a bond run but hasn’t worked it into the capital plan.

4.    2009 Budget-The Selectmen reviewed a memo from Burton. It was noted school spending is worth 31 cents on the tax rate, revenue decrease could equal 50 cents, and there is also a problem because the town used surplus of $1 to reduce the 2008 tax rate.  The town kept spending neutral when it did the budget hoping that the revenue would be stable.  The school doesn’t yet know what the stimulus package will do for them.  The town will probably know how the budget will be affected once the state determines its budget and once the school knows about the stimulus money.  Eric Seidel said a small amount of stimulus money is scheduled for 2009 and 2010 and most of the money is slated for 2011.  Brandy Mitroff asked if the town is getting projects ready to submit to stimulus project requests when they become available.  Burton said each town gets one highway project request and New Boston’s will be the Lyndeboro Bridge replacement project.  Brandy asked how the town is $1 behind when the determined rate is similar to the rate of other years when most of the revenue reduction is due to the school.  Burton answered that the figure on the rate setting sheet he referred to is high by $600,000 but the account will get approximately $140,000 surplus from 2008.  Brandy asked the town to give the Finance Committee more accurate numbers in the future to base the budget on so this problem doesn’t happen again. She said cautionary numbers should have been given to the Finance Committee in January so they could have given a better budget to voters.  Burton said the account now has $912,000 in it.  It is recommended its balance stay at $500,000-600,000.  Burton recommends the town be careful in its spending this year and try to think of ways to save money.  It was noted that the town already has $25,000 in savings from waiting to hire the eighth police officer and money was saved on oil. The Selectmen prefer to first consider non-personnel ways to save money and then the personnel items.  Burton is waiting for guidance from the Selectmen on what to do about the budget and how much the departments should trim from their budgets.  Burton is waiting for finalization of the surplus amount from the auditors in April.  The Lyndeboro Road and footbridge projects will also affect the budget.  The Selectmen told Burton to keep working on ways to save money and speak to all the Department Managers for ideas.  It was noted three departments have employee issues plus one carryover employee issue.  Christine moved to allow the Police Department to hire the eighth officer. Rodney seconded the motion.  All were in favor.  The Selectmen decided they are not ready to discuss the other hires at this time as they are not taking effect yet and the affected department mangers are not present tonight.  Mary Barone is expected to increase her hours in the Recreation Department starting April 1, Russ Boland is expected to increase his hours at the Fire Department starting in July and the library also has an expected increase in hours.  Eric Seidel spoke about the library’s planned increase in hours saying if the Selectmen don't approve it the trustees will fund it through trust funds by decreasing non-salary items.  It will be a budget neutral change.  The trustees will vote on the items the Selectmen ask them to decrease in their budget to decide if they will expend the money from the trust fund.  They cannot use trust funds to pay wages, only non-wage items.   The Selectmen said they do not want to make cuts in personnel areas.  All departments will be asked to make cuts.  Christine moved the Selectmen allow the library to proceed with the extra five hours to an employee.  Rodney seconded the motion.  All were in favor.  The Recreation and Fire Departments will meet with the Selectmen to discuss Mary and Russ’ hours.

F.  NEW BUSINESS:

 
1.    Selection of Board Chairman-David Woodbury was selected as the Chairman of the Board.

2.    Donation-Burton asked if the Board wanted to give a donation to the Fire Association in the name of John Bunting.  There is $2,000 is the Selectmen’s miscellaneous account they use to send flowers or such in cases such as this.  Christine moved to donate $100 to the Fire Association.  Rodney seconded the motion.  All were in favor.

3.   Naming of Fire Dept. Bldg-It has been requested that when the new Fire Station is built that it be named after John Bunting.  It is unknown at this time when the new building will be built, and it was the intention of the request to rededicate the current building and the name would follow to the new building.  Rodney moved that the current firehouse be named in memory of John Bunting and should the Fire Station move the name would follow to the new Fire Station.  Christine seconded the motion.  All were in favor.

4.  Voted Expenditures Report (MS-2)-When the budget is prepared it is done on an MS-7 and posted with the Warrant.  When the town decides what it will support an MS-2 is sent to the NH DRA telling them what was approved.  The Selectmen signed the MS-2.  Burton will ask the DRA to research if the library can take money from the CRF. 

5.    PRIMEX Meeting Date-See above under Survey.

G. OTHER: 


1.  A memo from Assessor George Hildum regarding abatement requests is in the Selectmen’s read folder.

2.  Responsibility for approving gravel pits will now go through the Planning Board.  The Selectmen will continue to handle tax of gravel.  The old gravel regulations will soon be discontinued.  Town Attorney Bill Drescher is working on the new regulations.  The Selectmen decided to follow the old regulations until the new regulations are complete.

3.  The Selectmen will send a thank you letter to Gordon Carlstrom for his years of service on the Board.

4.  The Selectmen will meet with Town Attorney Bill Drescher tomorrow at 3:00 PM.

5.  The NHDOT has asked Burton to meet with them April 3 regarding how to handle stimulus money.

H.  PUBLIC COMMENT:  No comments at this time. 


I.  ADJOURNMENT:    Christine made a motion to adjourn the meeting at 10:42 PM.   Rodney seconded the motion.  All were in favor.


Prepared by Maralyn Segien