Town of New Boston
Selectmen's Meeting
April 6, 2009
PRESENT: Rodney Towne Selectman
David Woodbury Selectman
Christine Quirk Selectman
Burton Reynolds Town 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: None.
C. APPOINTMENTS:
1. 7:00 PM Eric Seidel Library
Chairman of the library trustees Eric Seidel was present to update the Selectmen on the progress the trustees have made since they last met with the Selectmen.
· He said the trustees have been working on a new plan to build a library. They believe they have come up with a plan to build a library using only private funds with the same floor plan as before and start this year. Their plan is to break ground this summer. They feel the need for a new library becomes greater every year and there has been a lot of momentum of trustee, foundation, contractor and donor support since the vote and the sooner the project is done the better. They also want to start the project this year due to the risk of inflation, they have designed a plan that can be built for $850,000 ($600,000 less than they would have had if the Warrant Article passed) and the legal basis they feel they have to move forward. Eric said the trustees have
considered dramatic changes to the building design including significant changes in the structural layout of the building planned by Architect Roger Dignard, consolidated features of the building, delayed furniture purchase, delayed paving of the parking lot, delayed construction of awnings planned for over the three emergency exits and working with the Fire Wards for an optimized sprinkler system. These changes total a $500,000 offset plus a CRF offset of $100,000 equaling the $600,000 they no longer have available to them for the building. They anticipate other savings due to design and material changes as the project continues. Roger has said he is confident the project will not cost more than $850,000 and the trustees are confident they can collect that amount as they have approximately half of the cash on hand and firm written commitments to make the rest of the payments in 2009. Eric also mentioned they might need to get a bridge loan taken out by the
foundation to cover $50,000-100,000. Roger will develop detailed specification for the bids and they will have solid prices from the contractors in approximately six weeks. Eric noted the current plan has much more detail and commitment than the library had even at voting time.
· Legal support for building the library now was then addressed. Eric referred to Warrant Article 22 passed in 1994 authorizing the trustees to accept and expend private funds in the same year and Warrant Article 15 passed in 2001 authorizing purchase of the land for the purpose of building a library and the land was purchased in 2003. The trustees have an opinion from Terry Knowles at the state Attorney General’s office saying the scope of these articles allow the trustees to build the library. In that case the trustees plan to formally accept the private donations they have collected and agree to spend the money on building a library at a meeting. They have determined from voting results in past years that the town wants a new library but doesn’t
want to go into debt for a building therefore the trustees will not ask for a bond again.
· Eric proposed the schedule to build the library as follows: Select contractors in June, break ground the beginning of July, have the building weather tight by fall, complete construction winter 2010 and occupy the building spring 2010. Eric said timing is crucial, a lot of people at the meeting agreed this is the year to build the library. Dave asked what would be the negatives of not building the library this year and Eric said they could potentially lose donor and contractor support, inflation, and inverse of the positives and they could lose the momentum they have built up over the years.
· Rodney expressed concern, as the trustees have come up with a different building project that residents have not had an opportunity to approve and they will be given an unfinished building with many items deferred. Rodney said he heard a complaint at voting that the trustees didn’t give a plan originally and now it seems they are doing it again as this is the third or fourth different building the group has proposed. Eric said the 2009 vote was about funding the building not approving the building and they modified the design out of necessity. He said the first three attempts at building had two major differences, as they were predominately public funded large buildings. The new trustees decided to do much more fundraising and scale back to suit the town. They have had Finance Committee and Selectmen support. The functions of the new building design have not changed. The cupola was removed and the community program room was rotated to save money on the design. The
building committee, trustees, foundation and donors have supported the new plan. Eric also noted a public hearing is required to accept the donation and the trustees will hold it for comments but there will not be an opportunity for residents to vote on the new building. Rodney asked if comments at the public hearing are negative and indicate residents don’t want the building built before town vote, would that change the direction the trustees are going in? Eric answered the trustees don’t have to do that but do have to have the public hearing. They don’t want to upset the town; they are here to solicit feedback and support, as they will have to continue meeting with the town yearly to review library budgets.
· Dave expressed concern that the trustees could embark on the project and run out of money and the town could be committed to doing other things related to the building. Eric answered saying the building wouldn’t become a town asset and liability until the building is handed over to the town. He was asked what is the probability of the town having a partially constructed building that cannot be completed and he said the risk goes up the later they start the project. If they can’t start by midsummer they would have to hold off on the project. He said the probability that they won’t receive the money is considered extremely low as the donors are of the highest character and have made written commitments. They also consider the contractor
base to be very motivated to start this year. The trustees will ask for detailed bids for a fair and sensible contractor selection. Eric said the trustees would consider using the next two months to collect money from the donors if necessary. Dave believes the trustees have the legal right to build the library now but is concerned about the wisdom of it, as they don’t have all the money in hand. He said the new library is needed; the trustees have done a good job and should continue.
· Willard Dodge was present and said he feels the financial concerns are genuine as the trustees don’t have all the money in hand. He voted for the library for the first time this year and agrees this is the year it should be built. He reminded everyone that an opinion from the Attorney General’s office is not the law it is an opinion. He also said he has heard from another resident that there is a group of townspeople who would sue the trustees if they try to build a library this year as they don’t believe the Warrant Article gives the trustees the authority to move forward. Eric asked for suggestions in that case on how to build a library with private funds as in that scenario all trustee actions would require a public vote. Willard
said here the trustees are overstepping their bounds as taxpayers bought the land but didn’t vote for the library. Eric was concerned if a Warrant Article for the building was brought forth next year and voted down the trustees would then still have the legal right to build the building but a Warrant Article saying they can’t. Brandy Mitroff was present and said she doesn’t think a Warrant Article should be used to authorize the trustees to spend their fundraising money but a CRF Warrant Article for approximately $150,000 might be useful. She noted she recently read an article about another NH town that entirely fundraised their library privately and never had to go to the voters for any design approval. She thought this could indicate precedent in NH for what New Boston’s trustees are suggesting. Eric said a CRF exists for $104,000 and if passed wouldn’t be permission for the trustees to build anything. They are
trying to work things out with the town, as they don’t want a lawsuit, protesters at the site or yearly battles with the Finance Committee. Brandy said she hasn’t heard objections to a new library over the years but has heard concerns about funding.
· Library Trustee Jed Callen was present and noted the trustees have done their research, and realize an opinion from the Attorney General’s office is not law but the trustees cannot ask town counsel for an opinion on this. He asked the Selectmen to contact Town Attorney Bill Drescher for an opinion on if he agrees with the opinion the trustees received from the Attorney General’s office and NH DRA. He also said the trustees are obviously disappointed they didn’t get 60% of the votes as required by law, but they did get 56% which indicates to them that the public wants a library and are willing to pay for a portion of it. He noted other library Warrant Articles have been supported other than requests for bonds. He believes this indicates the
electorate would not be offended if the trustees build a new library with private funds. These voting outcomes have indicated that the residents have said yes build a library, but don’t bill the taxpayers for it. Eric also noted the building is a great gift to the town from the donors and the Selectmen agreed.
· Rodney noted that he received many unhappy phone calls after an article about the New Boston library was recently published in the Union Leader. He noted that taxpayers find the projected 5% increase in operating costs for the new building hard to believe. Mr. Partin of Joe English Road expressed this at the Deliberative Session. Eric has since met with him to discuss it.
· The Selectmen would feel more comfortable about the project with a legal opinion from town counsel and if the trustees had money in hand. Jed will prepare questions the trustees have for town counsel and the Selectmen will then request the legal opinion. The trustees will collect as much cash as they can now and get confident bids. They will meet with the Selectmen again at the next Selectmen’s meeting. The public hearing will also be noticed in the New Boston Bulletin and the trustees will consider mailing a card to households notifying them of the hearing. Christine also suggested the trustees should collaborate with other town departments for support to get more public confidence.
2. 7:20 PM George St. John Conduit Line
Fire Ward George St. John was present to discuss the project that has been proposed for the downtown area that would involve digging new lines for water, electrical and communication between the Fire Station and Town Hall. George met with Burton a few weeks ago and was asked to collect some quotes for the Fire Department’s portion of the project. He has done so and distributed a sheet detailing the costs of approximately $6,000 for the Fire Department aspects of the project. The cost will not come from the Fire Department building budget. The bulk of that budget is taken up with the purchase of the oil separation tank. The Fire Department has already purchased some materials and changed some electrical in anticipation of this project. There is still a lot of research to be done deciding what else
should be done at the same time and how much that will cost additionally. Willard Dodge feels the Highway Department should spend their time on road maintenance and this major project should be contracted out. This leaves the question of how to pay for the project and it might require a Warrant Article. Burton and the Selectmen will continue to consider this project and decide when it should be done.
George also asked about the parking situation near the ballfield on Old Coach Road. He said it looks like the parking area has been closed down and grass is growing there for a practice field causing parents to park on the road. This is dangerous for children that might not paying attention while getting out of vehicles when other vehicles are driving by. Burton will ask recreation if the parking lot is now closed. George also noted the “no parking” signs in the area have all fallen down.
3. 7:30 PM Chris Krajenka Police Dept.
Police Chief Chris Krajenka was present to discuss the COPS grant being offered by the federal government. New Boston would not be eligible for the grant for the seventh and eighth officers it is currently in the process of hiring but were planning to add a ninth officer in approximately five years. Under the grant an additional officer could be hired in 2010 with salary and benefits paid for by the federal government until 2013 when New Boston was already planning to hire an additional officer. New Boston would be responsible to outfit the officer. The officer would also be required to be retained by the town for one year after the grant runs out which works out well for the town’s hiring schedule. The grant application is due April 14. There is no guarantee New Boston would be awarded the grant
and Chris is not sure when the answer will be received. Chris said New Boston could use the additional officer as there has been an increase in calls due to the economy and the additional vehicle the department is budgeting would support this officer. Chris says the Department needs additional help due to the crimes and investigations the department has been handling lately. They also need to be more visible in town. The Department could also expand its coverage hours to 2:00am everyday instead of only on weekends with a ninth officer. The Department would still have adequate Corporal and Sergeant ratios with a ninth officer. Burton recommended applying for the grant. As always, officer retention is a concern. Applying for the grant doesn’t commit the town to accept the grant. The Selectmen instructed Chris to apply for the grant.
4. 7:45 PM Mike Sindoni Recreation
Recreation Commission Chairman Lee Brown, Recreation Director Mike Sindoni, Administrative Assistant Mary Barone and several Recreation Commissioners including Dave Hulick and Ken Hamel were present to meet with the Selectmen to discuss issues the Recreation Department is working on.
· Lee introduced Jennifer Martin who is here as a candidate for Recreation Commissioner. She has attended a few of the Commission meetings and she and the board have agreed she will work on getting more volunteers and getting volunteers to volunteer for more things. The Selectmen reviewed her application. She said has been a mom for nine years with kids participating in most of the recreation programs. Before becoming a mom she worked on graduate degrees and worked at St. Anselm’s College and UMass Amherst. She is currently on the NBCS PTA chairing fundraisers and working on some projects at the school. Christine moved to accept Jennifer Martin as a member of the Recreation Commission for three years. Rodney seconded the motion. All
were in favor.
- Lee discussed the process the Recreation Commission is working on to take over the Friends of Recreation account. Town Attorney Leslie Nixon has reviewed the bylaws and learned there is a mechanism to do it. Four of the original signers are in town and they have agreed to sign the acknowledgment form to bring the money to the recreation accounts. The Friends’ accounts consist of $35,000 some small accounts for money for the ballfield, baseball program and gazebo maintenance.
- Lee updated the Selectmen on the status of completion of the new grandstand. He said many volunteers gathered to work over the weekend and the commissioners have been working with Building Inspector Ed Hunter to get a certificate of occupancy.
- Lee spoke about the potential fitness center the Department wishes to open in town. They received 190 responses to the survey they mailed to approximately 2,000 households which indicate the town is 85% in favor of a fitness center in town. Some residents were concerned it would require tax money to run. The Commissioners will publish an informational article in the New Boston Bulletin. The former Apple Barn will become the hardware store and now the Commissioners are not sure where the fitness center will be located. They have been looking at a few sites and are considering the old Masiello Real Estate office. The Commissioners have learned through research that the 2500 square foot version of fitness centers is becoming popular throughout the country with expanded hours and other options are being
considered. The Commissioners will continue to visit other fitness centers to see how they are surviving in this economy.
- Expansion of the Administrative Assistant position was discussed. Lee said the Commissioners have decided there is a need for additional staff hours and the Selectmen agreed months ago to increase the hours but were not specific about when or if the duties should be tax supported. If the additional hours were due to the fitness center then they should not be tax supported. The Recreation Commissioners are not adding these hours for the fitness center at this time, they are just being added for current needs as the Department and programming have come to a point where they need additional hours for bookkeeping, marketing of programming and clerical duties. The value of these hours was calculated to an increase of $23,000-25,000 per year including salary and benefits. There will be a savings this year because the hours
will not be increased the entire year. The increased hours were unanimously supported and included in the budget. The Selectmen asked how programming would be affected if the hours were not increased at this time and Mike said some things would not happen such as the seasonal brochure would continue to not be mailed and he would be forced to continue working on some clerical and marketing tasks instead of doing his department manager duties such as supervising and doing safety checks at the different locations where the department holds activities. Christine noted this was approved in the budget with the reminder to departments that they will be asked to cut hours back if the budget goes bad. Lee noted that 85% of the department budget consists of salaries. He said the commissioners have discussed it, are here tonight to hear what the Selectmen say and will discuss options for this scenario at their meeting Wednesday. Rodney asked if they could
replace money in their budget with trust funds as the library is planning to do and Lee said they could consider it. Burton said the rooms and meals tax has been restored by the governor, the house and senate haven’t voted on it, things seem better in Concord but the outcome is uncertain. The town can’t allow the tax rate to spike. The unreserved fund balance was used this year and needs to be replenished by saving money on expenditures this year. The town is trying to manage its budget this year to have some savings but it won’t be more than $150,000. If revenues come in as expected, the approved budget would move ahead normally.
D. APPROVAL OF MINUTES:
1. Minutes of March 16, 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:
· Dave attended the driveway discussion where the Planning Board decided they would implement Dwight Sowerby’s procedure.
Christine reported the following:
· The public hearing for the Clark Hill Road Trust 12 lot subdivision was adjourned to April 28.
· An informational session for proposal of a change of use of one apartment at the Community Church to office space was held and they were told to return to the Planning Board for a site plan review.
· A balloon test for the wireless towers on Wilson Hill and Old Coach Roads is scheduled for April 18. They were told to meet with the Selectmen regarding road issues at both sites but they have not yet contacted the Selectmen. They will meet with the Planning Board again April 28.
· An interested candidate for Planning Board alternate attended a portion of the meeting.
· The Planning Board discussed revoking the subdivision plans for Right Way Builders subdivision on Beard Road. A public hearing will be held before doing so.
2. Survey-
· The personnel manual committee was present to meet with the Selectmen to discuss questions they had about the final manual.
· The Selectmen will discuss an e-mail from Nic Strong at their next meeting regarding work that still needs to be done on the mission statement.
3. Town Common-The Selectmen sent a thank you note to Kim Britton for pruning some trees on the town common. She will contact Burton with a name of someone who prunes the bigger trees and send a quote for fertilization and some landscaping ideas. Someone has offered to rake the common. Some lime might be put down. Some money is available to start working on the common this year.
4. 2009 Budget-Some materials are in the read folder regarding the revenue shortfall. The Selectmen need to decide how they want the budget to work out this year. The school is starting to learn how the stimulus money will help them. If $150.000 is saved the town will be doing well. See previous notes under Recreation Appointment.
F. NEW BUSINESS:
1. Gravel Permits-Twin Bridge Construction came in with some requests for taking out gravel. It was agreed last year that they could use the gravel that is already on the property. The town needs to determine where they will use the gravel. Burton will write to them inviting them to a Selectmen’s meeting with Building Inspector Ed Hunter and members of the Planning Board. The recent Warrant Article passed by voters says the Planning Board is now responsible for gravel permits. The Selectmen are handling it in this case because they are familiar with it from working on it last year. Town Attorney Bill Drescher is still reviewing the new gravel ordinance.
2. Appointments-Applications for committee and board members have come in. The Selectmen will review the applications, meet with some applications and decide who will serve in the open positions.
3.Spring Reviews- Toni Flewellyn is coming Wednesday to do some training on how to do the spring reviews and discuss how the fall reviews went. The Selectmen are invited to attend the meeting.
4. “Roles” Meeting-The roles meeting with Carl Weber and Toni Flewellyn is scheduled for tomorrow at 3:00PM
G. OTHER:
1. The FEMA grant of $16,000 for the emergency portion is in the bank. The road cleanup portion has not yet come in. The money will be included in revenue for now. Transfer Station Manager Gerry Cornett has arranged for someone to grind all the brush at the Transfer Station at no cost.
2. A brochure of workshops offered to new Selectmen by the Local Government Center was given to Rodney for review.
3. The Tracking Station sent invitations to the Selectmen to attend an informational meeting April 13 at 7:30 PM. The Selectmen will not attend.
H. PUBLIC COMMENT:
Willard Dodge said the problem with using the Highway Department to help with projects is it takes them away from their regular road maintenance duties that desperately need to be done. Willard has photos of roads in desperate need of repair that he will bring in for the Selectmen to view. The Selectmen said Road Agent John Riendeau would meet with them soon. The Selectmen plan to meet with him more often and develop a monthly schedule of duties for him. Willard said both he and Lester have applied for positions on the Road Committee. Brian Dorwart and Roch Larochelle’s terms are up this year. The Selectmen will invite them to a Selectmen’s meeting to discuss their interest in continuing on the Road Committee.
I. ADJOURNMENT: Christine made a motion to adjourn the meeting at 11:25 PM. Rodney seconded the motion. All were in favor.
Prepared by Maralyn Segien
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