ࡱ> bda%` =]bjbjNN .n,,TD8,  "BBBBBBprrrrrr$}hpBBBB***BBp*p**,<B 86f0\06U bpU <U < BR*BBBXBBB  New Durham Board of Selectmen Minutes of Meeting ~ April 12, 2010 Town Hall Members Present: Theresa Jarvis, David Bickford, Frederic March Others Present: Town Historian Cathy Orlowicz, Deborah Goard, Dennis Thorell, Ryan Noonan 1. Call to Order Chair Terry Jarvis called the meeting to order at 7:01 p.m. and led the Pledge of Allegiance. 2. Public Appointment The Board met with Deborah Goard of the UNH Cooperative Extension, Forest Resources, and Dennis Thorell to discuss the Shirley Forest. Chair Jarvis said Cathy Orlowicz was present, as the Boodey House will be reconstructed in that area. Selectman David Bickford said Mr. Thorell works for the Town by reviewing timber tax. He said Mr. Thorell and Ms. Goard walked the Shirley Forest, and he asked if the Town should do something with the forest this year or hold off for a better market. Ms. Goard said there was a lot of mature pine in the forest, some upwards of 30 inches, and the pine market is always there. She said prices swing up and down, but you dont put off a harvest if the market is down. She said from a management point of view, the Town should harvest within a couple of years. Mr. Thorell said a forester could draw up a plan and mark the timber. He said the Town could wait six to twelve months after going out to bid to get the best price. He said there was little regeneration from the last cut, and he wondered if it was conservative. The recollection of the attendees was that more harvesting was planned for, but hadnt occurred. He said the crowns are stagnating and the Town needs to get some out. Chair Jarvis indicated the Town had not budgeted for a cut, and wondered if it would break even on a harvest. Ms. Goard said the logger pays the Town to take the trees. Chair Jarvis asked about clear cutting. Ms. Goard said trees with good crowns should be left for seeds. She explained about patch cuts, which are small clear cuts about an acre in size. She said those areas regrow quickly with shrubs and they are good for deer browse and songbirds. Selectman Bickford asked if the cut should be heavy where the crowns are stagnating. Ms. Goard said that could be possible. She said white pine would come back in. Mr. Thorell mentioned a timeframe of 50 years. Selectman Fred March indicated he planted a forest in Alton as a kid, and that forest has now been cut. Chair Jarvis noted that John Shirleys will said the forest is to be managed and profits returned to the Town for those in need. She said the Boodey House will also be on that property. Ms. Orlowicz said the Board checked and determined that locating the Boodey House on that property would not compromise the will. She said the building would be reconstructed on the strip along Berry Road and the cemetery and Stockbridge Corner Road. She said some trees had grown up in that area, and if the Town harvested the forest, she would like that strip cleared at the same time. Mr. Thorell said the forester marks the trees and prepares the prospectus. He said he holds a timber showing for loggers, and could then indicate the area to be clear-cut for the Boodey House. He said buyers submit bids per thousand board feet per ton per cord and the Board awards the bid. He said the forester keeps an eye out during the cut. Chair Jarvis asked if Mr. Thorell, as Town forester, could do that. He said he was retired but others are searching for work and he could recommend some people. Ms. Goard said she brought a list of foresters who work in Strafford County. Mr. Thorell said they work on percentage and he could help the Board interview. Ms. Goard stated the forest is 154 acres. Selectman March asked why not let the forester go out to bid. Mr. Thorell said that is what they would do, with the Boards guidance. He said some residents might not like patch cuts, and that there could be different treatments of different parts of the forest. Selectman March said a buffer should be left. Ms. Goard said law required a buffer. Chair Jarvis said the will states to maintain the forest by best practices. Mr. Thorell suggested laying out an educational hiking trail with write-ups of areas of special interest. Cathy Allyn said the Conservation Commission was interested in maintaining a part of the forest as old growth and asked Mr. Thorells opinion on that, as part of the forest management. He said it was a good idea, and went on to indicate the forester could locate the biggest, oldest tree and the town could name it, as other towns have done. He said the trail could run by the tree and it would become a landmark. Selectman Bickford said Mr. Shirley intended the forest to be cut, and referred to the wills language that the sale of wood as it reaches maturity be done under supervision of the Selectmen and according to the advice of the State Forestry Commission. Ms. Goard said the state would not supervise, but they might put out a best practices guide. She said towns rely on county foresters. Mr. Thorell agreed that county foresters are the go-to people. Selectman Bickford said they replaced the agency mentioned in the will, so the Town would be in good order if it went with these recommendations. Ms. Goard said she could assist and Mr. Thorell said he could review the foresters plan with the Board and spot check, but that foresters are licensed and perform suitable work. Selectman Bickford said the roles have changed regarding the state forestry commission and county foresters. He said the Town could cover itself by following the directives of the will. Ms. Orlowicz said a town administrator could outline the trail of how the departments have changed from state to county. Chair Jarvis said if the Board decided to go forward, a letter could go to Brad Simpkins, chief of forest rangers and acting director of the State Forestry Commission. She said the Board could get the list of foresters and determine their percentages, and detail its goals regarding the forest, i.e. educational hiking trail, area for the Boodey House cleared, different kinds of timber. She asked if cuts could be made year round. Ms. Goard said jobs stop during the muddy season. Mr. Thorell said stumps are left. Ms. Goard said some stumps could be pushed out to facilitate a trail. Mr. Thorell recommended preparing the seed bed and timing the season of the sale to enhance regeneration. He said once a forester is engaged, it should take within a couple of months to flag the trees. Ms. Goad said the harvest depends on the weather and how much timber is removed. She said the process can take years. She suggested having the contract stipulate an end date, with the recognition that the contract can be extended. Selectman Bickford pointed out there are 56 acres across the gravel banks. Chair Jarvis said the Board is steward of all property on both sides of the street. Mr. Thorell said some areas of the forest might not need to be touched. Chair Jarvis said the Conservation Commission wanted to know about who manages the forest and the will clearly states it is the Board. Selectman March said Mr. Shirley was a smart man. Ms. Goard asked if the forest was officially a Town forest. Ms. Orlowicz asked if that would have to be an act of Town Meeting. She suggested going back through the records. She said she was glad the Town could coordinate the harvest effort with clearing land for the Boodey House. Chair Jarvis said it would be logical to clear that area now. Ms. Goard gave the Board the list of licensed foresters to hire as a consulting forester. She said the Town would not want to hire any who are also timber buyers. The Board perused the list. Mr. Thorell recommended eight names. Ms. Goard said the Board could request references. She said the county has a sample logging contract so the Board could take what it liked out of it. Selectman Bickford asked if there was decent wood in the forest. Mr. Thorell said the area by the gravel pit is not as good as the rest. He said it was overdue for cutting. Chair Jarvis asked how often a Town should do a cut, bearing in mind maintaining habitat for animals and profits for the Town. Mr. Thorell said the forester would develop a plan. The discussion turned to the tornado event. Mr. Thorell said the person who cuts files the intent to cut and he pays the timber tax. The money from the timber tax goes to the General Fund. The Board previously stated the income from the actual cut is designated by the will to go to the towns poor. Chair Jarvis said she was in favor of moving forward. Selectman Bickford said the Board needed to decide on the forester. Selectman March suggested sending out letters to those Mr. Thorell recommended. Chair Jarvis said she would do that, and then the Board could narrow down the candidates. Selectman March said he believed he was on the Board the last time the forest was cut. He said the Town had to petition the court to cut and to use the gravel. Chair Jarvis said we need to discover if it is an official Town forest. She asked if the woodland behind the Meetinghouse should be considered, too. Ms. Allyn said Mr. Thorell had walked the area and he said it should not be cut, but could be looked at again in five or 10 years. Ms. Orlowicz said Mr. Thorell said the purpose of that woodland was for a park, rather than a forest for cutting. 3. Tax Collectors Contract (In the course of this discussion, the town clerk position was mentioned. At the May 3, 2010 meeting, a motion carried to clarify that the contract is for the tax collector. References to Town Clerk have been left in these minutes, as that is the elected, not appointed, position and that is what was discussed. Action taken ultimately replaced the clause in question in the tax collectors contract.) Chair Jarvis said a provision in earlier tax collector contracts allowed for cashing out all sick leave and vacation time if the person was terminated before the end of the contract. She said it was listed under termination and severance pay in the handout she provided. She said Town Clerk Carole Ingham is salaried and does not receive overtime, so this clause would allow her to receive some benefits. Chair Jarvis said Ms. Ingham asked the Board to consider that. Selectman Bickford read the clause. Chair Jarvis indicated the Towns personnel policies allow for a percentage of sick leave for employees, and adding this clause to the contract would allow Ms. Ingham 100 per cent of credited accrued leave. She said the clause had been in her contract for years. Selectman March said Ms. Ingham joined the Town Hall staff within a year of the time he left the Board. Chair Jarvis said she recommended that the clause from the old contract be included in Ms. Inghams new contract. She said it came out three or four years ago. Selectman March asked if there was any notation as to why it was changed. Chair Jarvis said there was a change in Board make-up and town administrators, but she could not find any direct explanation. Selectman Bickford said it could have been a trade-off of some kind. Chair Jarvis said an elected person does not receive a severance package. She said hourly people can get overtime or comp time, but the ttown clerk position is salaried. Selectman Bickford said we might note why the clause has been added to the contract. Selectman March said he thought it was because she is elected and not really a Town employee. Ms. Orlowicz said that is referencing the process through which the town clerk comes in. Selectman March said the Board gives direction to a hired person, not an elected one. Chair Jarvis said the Board could note in the contract that the clause was included because the position is a salaried, elected official. She said that would give the explanation. Selectman Bickford said the explanation is that an elected official is not eligible for a severance package. Chair Jarvis said she would draft something for the next meeting. She added that the agenda for the April 19, 2010 meeting is heavy. Selectman Bickford noted that Ms. Ingham is now working without a contract. 4. Public Participation Policy Chair Jarvis said she incorporated the Boards suggestions in her third draft of a public participation policy. The Board read through it. Selectman Bickford said it seemed that a length of five minutes worth of discussion differentiated public input from an agenda item. Chair Jarvis said the public should not expect the Board to respond to something in public input. She said making an appointment and being on the agenda indicated the need for a decision. Considering the format of the policy, Selectman Bickford suggested it should indicate that the numbered items refer to public input. Chair Jarvis said she tried to come up with a compromise between an effective meeting and if someone has something relevant to say. Selectman Bickford clarified that the numbered points do not refer to comments from the audience outside of public input. He asked if Chair Jarvis was going to allow some input from the audience during the meeting. To make that clearer, Chair Jarvis said she could move point number two to the end. She said the new draft would be in the Boards packets for next week. Ms. Orlowicz asked where other boards and committees fit in. She asked if they needed to make an appointment. Chair Jarvis said Department Reports could be expanded to include other boards and committees. She said any important item should be an agenda item. Ms. Orlowicz said she has spoken as Town Historian before in both public input and under Department Reports. She said if the Board was structuring public input, it wouldnt fit in there anymore. Chair Jarvis suggested boards and committees come before the Board periodically. 5. ComStar Rates Chair Jarvis said the suggested rates are the current Medicare rates plus 10 per cent. She said she was comfortable with that. She said the rates are less because Medicare rates have dropped, due to no longer charging more for a rural area. She said the extra fee was for every mile from the patients house to the hospital, referred to as a loaded mile. She said the Board at some point might want to ask ComStar to justify their rates again. Selectman Bickford said the town administrator could compare how much we spend and the amount of money that comes in via ComStar. Chair Jarvis said it would take hundreds of hours. She said the Town is making more money than it is spending. She said the replacement ambulances are funded out of this ambulance fund. Selectman Bickford said he wanted to know where the money goes. Chair Jarvis said it goes into the ambulance fund. She said she would find out how much is in it. She said the number of runs increases each year. She said the Welfare Officer reviews the cases regarding non-insured patients. She said she did not know the last time that process was looked at. Motion by Chair Jarvis to approve the ComStar rates, which are determined by the 2010 Medicare Fee Schedule plus ten per cent, as presented for the first seven items, and which will remain at the 2009 rates for the remaining six items; second by Selectman March. Selectman Bickford said he wanted to follow through on this. He said he needed more information for the people who cant afford the rates, or to let the public know what to expect. Chair Jarvis said there are usually four or five people a year who have concerns with their bills. The motion carried unanimously. Motion by Selectman Bickford to authorize the chairperson to sign the ComStar ambulance billing service rate sheet; second by Selectman March. The motion carried unanimously. 6. Cost of Tax Maps Compact Discs Chair Jarvis said the Board needs to decide on the cost of the CD of the tax maps for the public. She said the old tax maps on CD were $25 and the time and effort will be the same. Motion by Chair Jarvis to fix the fee for digital copies of the new tax maps at $25 per CD; second by Selectman Bickford. The motion carried unanimously. Selectman Bickford said the process will be obsolete once the maps are posted on the website. 7. Ethics Committee Candidate Chair Jarvis said Ethics Committee candidate Doug Peck called to inform her that due to a change in his employment situation, he would like to be withdrawn from consideration. She said the other candidates are Mike Gelinas and Carleton Woods. 8. Department, Commission, and Trustee Assignments Chair Jarvis said her draft of assignments is a follow up on Selectman Marchs comment regarding Board liaisons. She said the department heads liked the idea. She said she assigned members to departments according to their areas of expertise. She listed assessor, Building Inspector/CEO, Cemetery Trustees, health officer, library, Meetinghouse Restoration and Milfoil Committees, and Recreation Department/Commission, and asked if there had ever been liaisons to these groups. Selectman March said there had not been when he served. The Board agreed there was not the same need with those groups. Chair Jarvis said that the Board was in consensus that Selectman March will be liaison to the Highway Department and Transfer Station, Selectman Bickford to the Equipment Mechanic and Land Use Administrative Assistant, and Chair Jarvis to the Police, Fire and Emergency Management Departments. She said it will give the department heads someone to approach for better flow of communications. 9. Fire Department Grants Chair Jarvis provided the Board with copies of the FEMA grant applications. She said the public hearing on accepting the monies will be next week. Selectman Bickford asked why the trucks had to run before driving out. Chair Jarvis said it was to build up pressure in the air brake system. Selectman March said the old trucks had slower compressors, and it could take up to four or five minutes. He said the system needed to achieve 60 pounds of pressure to spring the brakes. Selectman Bickford said they used to keep compressed air in them. Chair Jarvis said the firefighters turn on the truck, then get into their gear, and the trucks are ready to drive when the firefighters have their gear on. Selectman Bickford asked her to look into it. She said she had no problem with the time. 10. CMA Proposal Chair Jarvis indicated the proposed project approach and scope of services for the planning evaluation of the Solid Waste Transfer Station presented by CMA Engineers. She said the fee was estimated at $6,000, and it represented a ballpark figure, not a bid. She said the Board would discuss this at the next meeting. Selectman Bickford said he thought the Board was going to have other groups submit proposals. Chair Jarvis said we need to decide what the project will encompass before determining the scope of the project. Ms. Orlowicz clarified that CMA put together a proposal and we were to look to see if others would do it. She said CMA indicated it was not a quote and they will renegotiate. She said they are the Town engineers and they say it is open to discussion. Selectman March said he had a problem with CMA. He said the company charges a lot and they are not thorough. He said they did the engineering on Davis Crossing Road and there should have been more ground control for the contractor. Ms. Orlowicz said that was not how she understood it. She said CMA had an engineer there every day. Selectman March asked how long the Town was tied into a contract with CMA. Chair Jarvis said perhaps the Town should go out every year to get the best price, but for now, CMA are the Towns engineers. Selectman March asked if we have to use them. Chair Jarvis said she was unable to locate the copy of the Towns agreement with them, so they sent us one. She said she had not yet read it. Ms. Orlowicz said it was puzzling she and Road Agent Mark Fuller were told to ask them. She said CMA came up with a figure and then she and RA Fuller were told to get other bids. Chair Jarvis said the Town has an agreement with CMA. She said the Board needs to decide what its looking for and the timeline involved. Selectman Bickford said we know roofing will be required at the SWTS. Chair Jarvis said the Board would discuss this with RA Fuller, and determine the length of the contract with CMA. Selectman March says once we have the idea, we can go out to bid. 11. Approval of Minutes Motion by Chair Jarvis to approve the minutes of March 22, 2010 as written; second by Selectman Bickford. The motion carried unanimously. Motion by Chair Jarvis to approve the minutes of April 1, 2010 as amended; second by Selectman March. The motion carried unanimously. Motion by Chair Jarvis to approve the minutes of April 5, 2010 as amended; second by Selectman Bickford. The motion carried unanimously. Motion by Selectman Bickford to approve the non-public minutes of April 5, 2010 as amended; second by Selectman March. The motion carried unanimously. 12. Non-Public Session Motion by Chair Jarvis at 9:30 p.m. to enter into non-public session under RSA 91-A:3 II (a) and (c); second by Selectman March. A roll call was taken. Jarvis aye, Bickford aye, March aye. Chair Jarvis indicated no further business would be conducted following the non-public session. The Board returned to public session at 11:21 p.m. 13. Adjournment Motion by Chair Jarvis to adjourn at 11:22 p.m.; second by Selectman March. The motion carried unanimously. Respectfully submitted, Cathy L. Allyn A video recording of this meeting is on file with the Office of Town Clerk, is available for public viewing during normal business hours, and will be retained in accordance with the New Hampshire Municipal Records Board rules established under RSA 33-A:4, or for a minimum of 24 months.     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