ࡱ> QSPg hRbjbjVV .`r<r<"JE||8"6$ZZ"|||WWWqssssss$v(WWWWW||+++W.||q+Wq++-=|Љq1]07 "== WW+WWWWW+WWWWWWWWWWWWWWWW| : New Durham Board of Selectmen Minutes of Work Session ~ February 8, 2010 Town Hall Members Present: Theresa Jarvis, David Bickford, Carleton Woods Others Present: Road Agent (RA) Mark Fuller, Building Inspector/Code Enforcement Officer (BI/CEO) Arthur Capello, Town Clerk Carole Ingham, Scott Drummey, Ron Gehl, Barbara Hunter, Dwight Jones, Michele Kendrick, Mary McHale, Cathy Orlowicz, Peter Rhoades, Ryan Noonan 1. Call to Order Chair Terry Jarvis called the meeting to order at 7:02 p.m. and led the Pledge of Allegiance. 2. Introduction of Interim Selectman Chair Jarvis introduced Carleton Woods, who will be filling, until March elections, the spot left vacant by Ron Gehl. 3. Budget Issues Report on the February 3, 2010 Budget Committee meeting and public hearing Chair Jarvis said that Fire Chief Peter Varney asked the BC to replace $720 for the part-time secretary, and that body did so. She added that the BC took the Master Stream out of the budget. Motion by Selectman David Bickford to reinstate $720 in budget 4220 fire department, line 115; second by Selectman Carleton Woods. The motion carried unanimously. Motion by Selectman Bickford to approve the amount of $158,717 for 4220 fire department budget; second by Chair Jarvis. The motion carried unanimously. Road Management Article Chair Jarvis said the BC recommended raising $146,595, for a total of $251,650 for the road surface management project when the $105,055 Highway Block Grant is added in. The Board discussed including the total amount requested by Road Agent Mark Fuller and indicating a certain recommendation. RA Fuller said he would like to present the entire $211,000 amount and let the voters decide. He said a year went into this program and he asked the Board to let the voters tell him how much they want to spend. Chair Jarvis said there were several options for how the Board could present the article. Selectman Bickford suggested matching the BCs amount as it was a responsible number, and matching amounts would be less confusing to the populace. He said RA Fuller could amend the article to the figure he originally proposed. Chair Jarvis said the BCs amount to be raised by taxation was $146,595 and the Highway Block Grant of $105,055 available for road reconstruction is in another article, per DRA. Selectman Woods asked why the figures did not match. Chair Jarvis said the amount of $211,945 derives from the $317,000 RA Fuller proposed, less the grant of $105,055. She said the rounded figure is $211,945. She said the BCs amount is $65,350 less that RA Fuller would like. Selectman Woods said he was unable to come up with a reason to disagree with the BC. RA Fuller asked Chair Jarvis if it was her position that the amount for the road reconstruction be amended up so the public could understand what the program is. Chair Jarvis said that was Selectman Bickfords position. RA Fuller asked if the Board could say a different amount from the BCs. Chair Jarvis said she believed the Board could, but she would ask DRA. Selectman Bickford said he did not want to send out two different numbers. Chair Jarvis said the difference is over $65,000, so it could legally be raised from the floor. Selectman Bickford said he wanted to match the BC. He said perhaps FEMA money would come through and the highway department would not need all the money. He said it was the publics right to push for more. Motion by Selectman Bickford to agree with the Budget Committee that the town raise $146,595 for Article 5, regarding the road surface management program; second by Selectman Woods. The motion carried unanimously. Chair Jarvis said the bottom line for the budget, including the operating budget and all articles approved as listed (with the adjustment to Article 5 and the increase to the fire department budget), is $3,743,850. She said the operating budget will be Article 4. She said the Town has not yet heard back from DRA on all questions, but it has been verified that the 1772 Meetinghouse Restoration Capital Reserve Fund cannot be used to partly reimburse the Conservation Commission for the purchase of the abutting land parcel. She said the full $25,000 would therefore have to come from the Municipal Land Acquisition CRF. 4. Approval of the 2010 Town Warrant Chair Jarvis said that the Board agreed at the January 18, 2010 meeting to the Ethics Committees request to change the Ethics Policy under Exceptions to No Improper Gifts to allow unsolicited advertising or promotional materials of nominal intrinsic value to include a figure of $25, which is consistent with the states policy. She said the Ethics Code may be changed only by a vote at Town Meeting. She said the current policy does not assign any figure to nominal intrinsic value. Motion by Chair Jarvis to include an article on the 2010 Town Warrant to amend the Ethics Ordinance in Section F No Improper Gifts (a) Exceptions 1. to add the phrase not to exceed a maximum of $25.00 after Unsolicited advertising or promotional materials of nominal intrinsic value; second by Selectman Bickford. Selectman Woods asked if there was nothing now, and Chair Jarvis said only intrinsic value is mentioned now. Barbara Hunter of the Ethics Committee said the members realized it could be a gray area without a specific number. She said providing the figure of $25 draws a line and makes it clear exactly where the line is. She said they thought the states number was reasonable. The motion carried unanimously. Chair Jarvis reiterated that the Board has yet to receive the final blessing on the warrant from DRA. She mentioned that it would be possible to have to reconvene if there were major changes, but if there were insignificant changes, the Board would not have to meet again on the matter. She read the articles aloud; see attached version of the Town Warrant. Article 1, to choose necessary Town officials Chair Jarvis said this was predetermined so the Board would not have to vote to accept the article. Article 2, zoning and land use ordinance amendments - Cathy Orlowicz mentioned the Planning Board amendments. Chair Jarvis said the Planning Board had duly reviewed the amendments, which passed by a majority vote of the Planning Board. Article 3, proposals to privatize the Solid Waste Facility Motion by Selectman Bickford to place this article on the Town Warrant; second by Selectman Woods. Selectman Bickford noted that Solid Waste Facility and Transfer Station are used interchangeably and wondered if one term should be used. The motion carried unanimously. Article 4, operating budget Motion by Selectman Bickford to place Article 4 on the Town Warrant with the recommended sum of $3,021,287; second by Selectman Woods. The motion carried unanimously. Article 5, road reconstruction CRF - Motion by Selectman Bickford to place Article 5 on the Town Warrant with the sum of $146,595; second by Selectman Woods. The motion carried unanimously. Article 6, acceptance of Highway Block Grant Chair Jarvis said to add the phrase for maintenance, construction, and reconstruction of Town maintained roads. after accept the sum of $105,055.48, as that has been the language used consistently, and Financial Assistant Vickie Blackden requested that the article be specific. RA Fuller said the RSA could be included in the article. Selectman Woods said making the article clear could cut off talking at Town Meeting. Ron Gehl looked up the language used in previous years. Motion by Selectman Bickford to place Article 6 on the Town Warrant with the amended language; second by Selectman Woods. The motion carried unanimously. Article 7, Transportation Enhancement Grant contingency article Chair Jarvis said the Budget Committee does not recommend this article and the Board agreed to let the public decide. Motion by Chair Jarvis to include Article 7 as read on the Town Warrant; second by Selectman Bickford. Selectman Woods said he would not put it on the warrant. Jarvis aye, Bickford aye, Woods - nay. The motion carried. Motion by Selectman Bickford not to recommend this article; second by Selectman Woods. The motion carried unanimously. Article 8, expendable trusts - Motion by Selectman Bickford to include Article 8 as read on the Town Warrant for the sum of $53,500; second by Selectman Woods. The motion carried unanimously. Article 9, capital reserve funds - Motion by Selectman Bickford to place Article 9 on the Town Warrant; second by Selectman Woods. The motion carried unanimously. Article 10, police cruiser - Motion by Selectman Bickford to place Article 10 on the Town Warrant; second by Chair Jarvis. Jarvis aye, Bickford aye, Woods abstain. The motion carried. Article 11, one-ton pick-up truck - Motion by Selectman Bickford to place Article 11 on the Town Warrant; second by Chair Jarvis. Selectman Woods asked if the truck cost $70,000. RA Fuller said the $35,000 figure is mentioned twice in the article, as the cost of the truck will be removed from the CRF. Chair Jarvis said proceeds from any sale will be returned to the CRF, rather than the General Fund. RA Fuller said returning funds to the CRF would make a difference with the sale of larger vehicles. The motion carried unanimously. Article 12, steer loader Selectman Bickford said he was concerned about the money coming from the undesignated fund balance. Chair Jarvis said the intent had been to use the left over amount of $16,865 from 2009, but monies cannot be encumbered without a contract. She said this money will now go into the undesignated fund. Selectman Bickford said it was not clear that it was an in and out thing. RA Fuller said it would be a couple of thousand dollars less than the anticipated $16,865 going into the undesignated fund, as there were other expenses that have just come in. He said he could get an exact number for the Board tomorrow. Chair Jarvis said the Board could approve the article after it had a firm number. Town Clerk Carole Ingham said she was hoping for a finalized Warrant tonight, as the MS 7 cannot be done until the Warrant is finished and the Town Report is to go to the publisher on Friday. Chair Jarvis said the Board had anticipated $16,000 left over, but the rest may need to be raised through taxation. RA Fuller said the trade-in money was going to go in the CRF, so there would be no proceeds. He suggested dropping the figure to $12,000. Selectman Bickford said that would be all right if RA Fuller could cover it. RA Fuller said it was up in the air anyway, as the Town may not purchase the steer loader depending on how the privatization goes. He said the Board could drop the amount to $12,000 and he would make it work. Chair Jarvis asked if the Town would then raise $36,000. More discussion ensued, and Chair Jarvis read the article with the following amendments: under (iv), change $16,865 to $12,000 and change designated fund balance to undesignated fund balance; addition of (v) to read, to authorize proceeds from sale of vehicle to be used for this purpose.; and to delete the entire last sentence. Motion by Selectman Woods to accept the article as revised; second by Selectman Bickford. The motion carried unanimously. Article 13, change purpose of Addition to Transfer Station CRF Motion by Selectman Bickford to place Article 13 on the Town Warrant; second by Selectman Woods. Selectman Woods said the current amount of the CRF should be listed in the article. Chair Jarvis said it would be in the narrative, and that she would contact Trustee of the Trust Funds David Allyn for the figure. The motion carried unanimously. Article 14, establish truck repair CRF Motion by Selectman Bickford to place Article 14 on the Town Warrant; second by Chair Jarvis. Chair Jarvis said this CRF would deal with major repairs for large equipment so those costs would not be in the operating budget. The motion carried unanimously. Article 15, establish a Public Safety Facilities CRF - Motion by Selectman Bickford to place Article 15 on the Town Warrant; second by Chair Jarvis. Jarvis aye, Bickford aye, Woods abstain. The motion carried. Article 16, discontinue Fire Station Construction CRF - Motion by Selectman Bickford to place Article 16 on the Town Warrant; second by Chair Jarvis. The motion carried unanimously. Article 17, reimburse Conservation Fund Chair Jarvis read the article with the following changes: replacement of $12,500 with $25,000 withdrawal from the Municipal Land Acquisition CRF and deletion of and $12,500 from the Meetinghouse Capital Reserve Fund created for this purpose. Motion by Chair Jarvis to place Article 17 as read on the Town Warrant; second by Selectman Bickford. The motion carried unanimously. Article 18, discontinue New Tax Maps and Davis Crossing Road Culverts CRFs - Motion by Selectman Bickford to place Article 18 on the Town Warrant; second by Selectman Woods. The motion carried unanimously. Chair Jarvis said there was no money left in the Davis Crossing Road Culverts CRF and about $2,098.93 in the New Tax Maps CRF. Article 19, Birch Ridge Conservation Project resolution - Motion by Chair Jarvis that Article 19 be placed on the Town Warrant; second by Selectman Bickford. Selectman Woods said, as he understood it, he was not in favor of putting the article on the Warrant. Selectman Bickford said the wording allowed for latitude and did not force the hand. Chair Jarvis said the residents at the last Town Meeting said they wanted to pursue it. Selectman Woods mentioned appropriating $10,000, and Chair Jarvis said that was in another article. Jarvis aye, Bickford aye, Woods - nay. The motion carried. Article 20, appropriate $10,000 to defray incidental costs associated with Birch Ridge Conservation Project - Motion by Selectman Bickford to place Article 20 on the Town Warrant; second by Chair Jarvis. Selectman Bickford explained that a timber cruise is when a forester looks at the amount of harvestable timber, measured in board feet. Selectman Woods asked if the $10,000 was for a road, and who got the timber. Selectman Bickford said the money was to get information to determine the value of the property, etc. He said it used to be called earnest money, as it indicates your interest in buying the property. Selectman Woods asked if it would be the Towns timber or the Forest Societys. Mr. Gehl said no deal has yet been negotiated as to what form the conservation project might take. He said the Town needs to show more of an interest to consummate the deal in order to support continuation of grant applications. He said the money could be used for transaction costs. He said it encourages the process along, and grant-funding authorities recognize the Town is serious. He said there was potential for money to come back to the Town. Chair Jarvis said a new appraisal and survey would probably be needed. Mr. Gehl said another appraisal is being pursued at no cost to the Town. He said the conservation of the properties would result in a working forest. Selectman Woods said his concern is that he wanted to see the Town benefit from the process. He said he did not understand it enough now. Chair Jarvis said negotiations need to go on, and this is simply the first step of going forward. Selectman Bickford explained it as trying to make yourself prettier so the grant people know youre interested. Jarvis aye, Bickford aye, Woods nay. The motion carried. Article 21, Constitutional amendment The Board determined that a vote was unnecessary to include a petition article on the Warrant. Ethics Ordinance amendment Chair Jarvis said she needed to draft language for the article for the Ethics Committees request. She read her rendition. Motion by Selectman Bickford to place on the Town Warrant Article 22, Ethics Ordinance amendment, as read, so that Section F, (a) includes the phrase not to exceed a maximum of $25.00, following 1. Unsolicited advertising or promotional materials of nominal intrinsic value; second by Selectman Woods. The motion carried unanimously. Article Order - Motion by Chair Jarvis to renumber the articles so the Ethics Ordinance appears prior to the Constitutional amendment article; second by Selectman Bickford. The motion carried unanimously. Motion by Selectman Bickford to allow grammatical, spelling, and non-substantive changes to the Ethics Ordinance article by DRA without a special meeting of the Board of Selectman for approval; second by Selectman Woods. Scott Drummey asked why the Planning Boards ordinances were changed prior to Town Meeting, but the Ethics Ordinance was being modified at Town Meeting. Chair Jarvis explained that language within the Ordinance itself dictates any changes must go before Town Meeting, rather than just a public hearing. The motion carried unanimously. 5. BOS Annual Report Chair Jarvis said the Board received the draft of the annual report and asked for comments. The Board made several minor changes. Motion by Selectman Woods to include the draft annual report as corrected in the Town Report; second by Selectman Bickford. The motion carried unanimously. 6. Any Other Business Chair Jarvis said that in the past the Board has participated in a live call-in question and answer period on the warrant that is broadcast on Community TV. She asked if the Board would like to continue the practice. Motion by Chair Jarvis that the Board of Selectmen conduct a review of the 2010 Town Warrant with live call-in; second by Selectman Bickford. The motion carried unanimously. Regarding scheduling, Chair Jarvis asked Ryan Noonan to let the Board know at its next meeting when it would be most convenient for Community TV to do the program. Schedule Next Meeting The Board scheduled its next meeting for February 15, 2010 at 7:00 p.m. at Town Hall. RA Fuller said CMA representatives wanted to meet with the Board to give their recommendations on bids for the Hazard Mitigation projects. He said there were six box culverts going in. He said he did not know if the engineers should be scheduled for next week or the following week, as next week is a holiday. Chair Jarvis scheduled them in at 7:30 p.m. February 15, 2010. Policy Review She said the Board would be reviewing the Conflict of Interest and Purchase Policy at its next workshop session. She said department heads were meeting on Thursday to discuss the purchasing policy and bring forth recommendations. 7. Adjournment - Motion by Selectman Bickford to adjourn at 8:55 p.m.; second by Selectman Woods. The motion carried unanimously. Respectfully submitted, Cathy 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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