Skip Navigation
This table is used for column layout.
 
December 29th - December 30th, 2008 Board of Selectmen Minutes
SELECTMEN’S PUBLIC MEETING

December 29, 2008


I.      Call to Order

Chairman Donovan called the meeting to order at 4:58pm.  In attendance were Chairman Robert S. Donovan, Jr., Selectman Trisha J. McCarthy, Selectman Raymond D. Thayer, Town Administrator Nancy J. Wrigley and Office Manager Mary B. Winglass.  The meeting was audio taped; the minutes were transcribed and typed by Office Manager Winglass.

II.     Introduction of Guests
III.    Old Business

5:00pm  -  Continued discussion of the Transfer Station site improvements

Present was Transfer Station Manager Andrew Morse

The Board asked Morse to get two additional quotes for sheds at the Transfer Station.  Morse informed the Board that he went to Swings n Things and they are closed until next year but he was able to get a quote from Post Woodworking.  

After reviewing the quote from Post Woodworking and comparing it to the quote from The Shed Connection, the Board determined that the quotes are in line with one another except for the 18 x 22 shed for this size is a special order by Post Woodworking.

The specifications and pricing of the sheds are as follows;

                                        The Shed Connection             Post Woodworking

18 x 22 Vinyl with no floor                     $9,900.00                               $9,832.00
18 x 22 T-111 with no floor                     $8,850.00                               $9,532.00
12 x 14 Vinyl w/7’ roll up door         $4,448.00                               $4,448.00               
12 x 14 T-111 w/7’ roll up door         $4,128.00                               $4,128.00

Chairman Donovan stated that he is in favor of purchasing vinyl over T-111 for it has low maintenance.  After a discussion on the pros and cons, the Board made the following motion;

Chairman Donovan motioned to spend $14,348 for site improvements at the Transfer Station to purchase from The Shed Connection an 18 x 22 vinyl shed with no floor at $9,900 and a 12 x 14 vinyl shed with 7’ roll up door for $4,448 for a total of $14,348 to be paid out of the 2008 warrant article #15 for site improvements at the Transfer Station.  Second by Selectman Thayer.  Vote: Unanimous.

Chairman Donovan motioned to carry forward $14,348 from the 2008 warrant article #15 site improvements at the Transfer Station for the two shed at the Transfer Station from The Shed Connection.  Second by Selectman McCarthy.  Vote: Unanimous.

Chairman Donovan motioned to purchase and to encumber $9,900 for an18 x 22 vinyl garage with no floor to be paid out of the 2008 Transfer Station budget, if funds are available.  Second by Selectman McCarthy.  Vote: Unanimous.

Wood Chipper for the Transfer Station

Morse informed the Board that he spoke with Jeff Spencer at MB Tractor about purchasing a chipper and his recommendation is not to buy one, for to buy a stand alone chipper cost at the minimum of $15,000 and it is cheaper to rent it when needed.  Another reason not to purchase a chipper is the maintenance cost and storage.  The Board agreed with Spencer’s recommendation not to purchase a chipper.

The Board reviewed a rough site plan of the Transfer Station prepared by Dennis Quintal of Civil Construction.  

5:30pm  -  Assessor Andrea Lewy Re: 2009 Contract

Present were Town Assessor Andrea Lewy

The Board asked Lewy to come back to meet with the Board tonight with a revised contract to include a cost for an assessing clerk for currently the Town Administrator is conducting these duties, which is not cost effective and takes her time away from conducting town business.  The duties of the assessing clerk will cover data entry of assessment changes, post digital pictures, respond to taxpayer’s request for applications pertaining to current use, abatement, blind, elderly, disabled and veteran’s exemptions; aid the assessor with secretarial services such as typing, record keeping, scheduling appointments and to prepare work for the assessor pertaining to building permits, new construction, subdivision, applications etc.  

The addendum to the contract includes an additional fee of $3,000 added to the General Assessing Contract to have item 4 (a) through (f) excluding (d) added to the scope of services that will be performed by the Contracted Assessor or her designee; (d) will require the Office Manager to continue to interpret assessment records to property owners and if unsure of the record then she will notify the assessor to contact the property owner for a correct interpretation.

It was discussed that the assessing clerk will not be an employee of the town but will work under the direct supervision of the assessor.

Chairman Donovan motioned to accept the 2009 Assessing contract to include general assessing, data entry and data verification for the sum of $41,400 to include an assistant clerk.  Second by Selectman McCarthy.  Vote: Unanimous.

Chairman Donovan motioned to take a five minute recess.  Second by Selectman Thayer.  Vote: Unanimous.

Chairman Donovan called the meeting back to order.  Second by Selectman McCarthy.  Vote: Unanimous.

6:00pm  -  2008 Encumbrances and Carry-Over

Cable Commission:  Great Northern Video, Equipment for $620.00 paid out of the franchise fee cable account (Expendable General Fund for Cable).

Chairman Donovan motioned to encumber $620.00 to pay Great Northern Video to be paid out of the franchise fee cable account (Expendable General Fund for Cable), if funds are available.  Second by Selectman Thayer.  Vote: Unanimous.

Department of Building Safety: Avitar Associates of New England, Inc for Building Permit software and installation agreement for $3,200.00.

Chairman Donovan motioned to encumber $3,200 from the Department of Building Safety budget for the purchase of the Avitar building permit software and installation agreement, if funds are available.  Second by Selectman McCarthy.  Vote: Unanimous.

Financial Administration: Staples Credit plan for $59.98 for office supplies

Chairman Donovan motioned to encumber $59.98 for office supplies from Staples from the Financial Administration budget, if funds are available.  Second by Selectman Thayer.  Vote: Unanimous.

Fire Department: Palmer Gas/Ermer Oil for $2,048.62 to replace the oil tank, new cement pad and new oil line at the Newton Junction Fire Station and to Zoll Medical Corporation for $568.81 for the 4th quarter installment for the AED and Autopulse service contract.

Chairman Donovan motioned to purchase from Palmer Gas/Ermer Oil a replacement oil tank, new cement pad and new oil line at the Newton Junction Fire Station for a total of $2,048.62 and to encumber the funds from the Fire Department budget, if funds are available.  Second by Selectman McCarthy.  Vote: Unanimous.

Chairman Donovan motioned to encumber $568.81 from the Fire Department budget to pay Zoll Medical Corporation for the 4th quarter installment for AED and Autopulse service contract, if funds are available.  Second by Selectman Thayer.  Vote: Unanimous.

General Government Buildings:  Pest End, Inc service agreement for $185.00 and The Home Depot for repair supplies for $26.94 for a total of $211.94.

Chairman Donovan motioned to encumber a total of $211.94 from the General Government Buildings budget for Pest End service agreement for $185.00 and The Home Depot for repair supplies for $26.94, if funds are available.  Second by Selectman McCarthy.  Vote: Unanimous.

Planning Board:  Rockingham Planning Commission installment #2 for the zoning district preparation for $1,250.00 and Staples Credit Plan for office supplies for $315.71 for a total of $1,565.71.

Chairman Donovan motioned to encumber a total of $1,565.71 from the Planning Board budget to pay Rockingham Planning Commission installment #2 for the zoning district preparation for $1,250.00 and to pay Staples Credit Plan for office supplies for $315.71, if funds are available.  Second by Selectman Thayer.  Vote: Unanimous.

SWDA (Solid Waste Disposal Account): The Home Depot for lockout, tagout kit and supplies for $191.81and MB Tractor Equipment for 2 tires for the tractor for $1,240.00 for a total of $1,431.81.

Chairman Donovan motioned to encumber a total of $1,431.81 from the SWDA budget to pay The Home Depot for a lockout, tagout kit and supplies for $191.81 and MB Tractor & Equipment for 2 tires for the tractor at $1,240.00.  Second by Selectman McCarthy.  Vote: Unanimous.

Carry Forward

Transfer Station: Install circuit to shed from an existing drop feeding pole lights, install overhead feed to shop, repair conduit from the timer, separate circuit for pole light to increase capacity of existing circuit and install light on the pole to the new shed from Councilman Electric for a total of $1,817.50.

Chairman Donovan motioned to carry over $1,817.00 from warrant article #15 for site improvements at the Newton Transfer Station to Councilman Electric.  Second by Selectman Thayer.  Vote: Unanimous

Town Hall:  Special Appropriation approved in year 2007 for site plan and construction of a pump house (Lapses 12/31/09)

Chairman Donovan motioned to carry over $23,115.22 from the Special Appropriation approved in year 2007 for a site plan and construction pump house (Lapses 12/31/09).  Second by Selectman McCarthy.  Vote: Unanimous

Town Hall:  Special Appropriation approved in year 2006 for a sprinkler system (lapses 12/31/2011)

Chairman Donovan motioned to carry over $34,892.08 from the Special Appropriation approved in year 2006 for a sprinkler system (lapses 12/31/2011).  Second by Selectman Thayer.  Vote: Unanimous.

6:30pm  -  Police Chief Streeter Re: Proposed building renovations

Present was Police Chief Lawrence Streeter

Chief Streeter addressed the last meeting he had with the Selectmen in that they supported the proposed concept for the Police Department building renovations and he is now preparing the public notice for the scheduled hearing and the assignment of Bond Counsel.  Chief Streeter asked for permission to seek a Bond Counsel and for the Board to establish an amount for the bond.  Chief Streeter stated that he gave the Board three concrete numbers for consideration and we need to finalize on one figure.

Chairman Donovan stated that his opinion would be to ask for the maximum amount for it is better to get it done in one shot.  The Board agreed to do it right the first time and approved the amount of $924,750.00 and gave Chief Streeter the approval to seek Bond Counsel.

7:00pm  -  Review bids for “Replacement Windows and Doors” at the Town Hall

Chairman Donovan explained to the Board each bid received for the replacement windows and doors at the Town Hall.  Chairman Donovan recommended the bid from Newton Glass & Garage Door of Newton for in his opinion their bid is in the middle of those received and we know his work and reputation.

Chairman Donovan motioned to award the bid to Newton Glass & Garage Door of Newton for $13,065 to be paid out the General Government Buildings budget.  Second by Selectman Thayer.  Vote: Unanimous.

Chairman Donovan motioned to encumber $13,065 for the replacement windows and doors at the Town Hall to be paid out of the General government building budget, if funds are available.  Second by Selectman McCarthy.  Vote: Unanimous.

ACTION ITEM:  Chairman Donovan will call Newton Glass to inform him of the additional window in the Planning Board Meeting room.

7:15pm  -  Review bids for the printing of the 2008 Annual Town Report

The Board reviewed the bids from Bradford & Bigelow of Newburyport, MA and Brothers Bindery and Printing of Hudson, NH for the Board asked for a total price to include printing 50 additional spiral bound town reports plus the 600 perfect bound.  Bradford & Bigelow came back with a price of $2,989 and Brothers Bindery and Printing at $2,574.00.

Chairman Donovan motioned to accept the bid from Brothers Bindery and Printing for a total of $2,574.00 for the printing of the 2008 Annual Town Report.  Second by Selectman Thayer.  Vote: Unanimous.

7:30pm  -  Review 2009 budgets and warrant articles

Financial Administration budget

Chairman Donovan motioned to accept the 2009 Accounting, Auditing and Assessing budget under the Financial Administration budget for a total of $61,210.  Second by Selectman Thayer.  Vote: Unanimous.

Chairman Donovan motioned to accept the 2009 Financial Administration budget for a total of $151,297.  Second by Selectman McCarthy.  Vote: Unanimous.



General Government Buildings budget

Chairman Donovan motioned to accept the 2009 General Government Buildings budget at $116,767.  Second by Selectman McCarthy.  Vote:  Unanimous

ACTION ITEM: Chairman Donovan will contact Road Agent Mike Pivero to find out the type of generator that would best fit the needs of the Town Hall during an outage.

Executive budget

Chairman Donovan motioned to accept the 2009 Executive budget at $184,313.  Second by Selectman McCarthy.  Vote: Unanimous.

Elections and Registrations

Chairman Donovan motioned to accept the 2009 Elections, Registration and Vital Statistics budget at $80,887.00 .  Second by Selectman Thayer.  Vote: Unanimous.

Insurance

Town Administrator Nancy Wrigley informed the Board that Fire Department Captain Dale Putnam requested a revised insurance proposal from Provident.  The proposal included changes to the insurance plan for the Fire Department to include increases to Section III, Income Protection.  The Board agreed with the changes and asked TA, Wrigley to make sure Fire Chief Bill Ingalls receives a copy of the new plan.

Chairman Donovan motioned to accept the 2009 Insurance budget at $68,810.  Second by Selectman McCarthy.  Vote: Unanimous.

Personnel Administration

Town Administrator Nancy Wrigley informed the Board that the Personnel Administration budget has not been completed as of this date by Bookkeeper/Payroll Administrator Kim Hughes for all budgets with salaries need to be finalized before she can calculate this budget.  Since all budgets have been finalized, this budget will be reviewed at the next Selectmen’s Meeting.

Town Administrator Nancy Wrigley asked to speak with the Board about placing an insert into the Carriage Towne News again this year with the dates, time and location of the Public Hearing, Deliberative Session and Town Meeting.  The Board approved putting the insert into the Carriage Towne News.

IV.     New Business
A.      2009 Selectmen’s Meeting Schedule

The Board agreed to set the 2008 Selectmen’s Meeting schedule for the first and third Mondays of every month except for the months of July and August to have only the third Monday as a meeting date.


B.      Department requests to carry-over PTO hours

The Board reviewed a memo from Police Department Office Manager stating that due to the December power outage and subsequent emergency situations in town, several employees were unable to take scheduled paid time off (PTO), therefore they are requesting to carry over their year end PTO balances for Michael Jewett at 14.75 hours and Linda Meissner at 18.50 hours.  The memo also requests that Gregory Iworsky and Lawrence Streeter be allowed to bank the remainder of their 2008 PTO.  

Chairman Donovan stated that the Board already approved Andrew Morse to carry over his PTO hours for he was scheduled to take his vacation the week after the ice storm, which was canceled due to opening the Transfer Station for extended hours that week.  Office Manager Mary Winglass was scheduled to take three days off on the week of Christmas which was canceled in order to catch up on Board meetings that were canceled due to the storm.  

Bookkeeper/Payroll Administrator Kim Hughes was present and addressed the Board stating that she was not consulted prior to this meeting regarding this request.  Kim explained that any unused PTO time is automatically carried over into the “bank” therefore there is no need for the Board to take any further action.  Kim added that there are many employees that still have unused PTO hours or as with part time employees, vacation time and she felt that if you are allowing one to carry over their time then you need to offer it to all employees.  Kim added that Gregory Iworsky only has one (1) hour left of PTO time versus the19 hours noted in the memo.

Office Manager Mary Winglass responded that she was aware that the Board planned on approving the carry over request from Andrew Morse’s and for herself and after speaking with the Town Administrator Nancy Wrigley the decision was made to contact the Police Department for they were instrumental during the emergency and have full time employees that may have faced a similar situation; today we received the memo from the Police Department.

The Board discussed that we should probably contact all the department heads to find out if anyone has PTO or vacation time to carry over.  Kim informed the Board that only full time employees can carry over time, part time employees have to use it or lose it.

Chairman Donovan motioned to let all town employees carry over their vacation time and paid time off time due to weather conditions and the emergency situation.  Second by Selectman Thayer.  Vote: Unanimous.

V.      Announcements
·       Last day to submit Petitioned Warrant Articles is Tuesday, January 13, 2009
·       First day for candidates to file for candidacy is Wednesday, January 21, 2009
·       Last day for candidates to file for candidacy is Friday, January 30, 2009

·       January 19, 2009 is the Public Hearing on the 2009 Annual Budget at the Town Hall (Snow date is Tuesday, January 20, 2009)

VI.     Accept Minutes of Selectmen Meetings

        - Selectmen’s Public Meeting minutes of November 24, 2008 and December 1, 2008
        - Selectmen’s Nonpublic Meeting minutes of November 24, 2008
No meeting minutes were accepted at the meeting.

VII.    Reports from Department Heads

·       Treasurer Cheryl Nelson Re:  Treasurer’s duties

Present were Deputy Treasurer Brenda Fiers and Bookkeeper/Payroll Administrator Kim Hughes and on speakerphone Town Clerk/Tax Collector Mary Jo McCullough.
The Board reviewed an email from Treasurer Cheryl Nelson stating that she is not available to attend the meeting tonight for she is working out of town for the next 1 – 2 weeks and that she will be working diligently on the town report to get it done.  Cheryl added in the email that her computer crashed during the power outage as well as her flash drive.  Cheryl wrote that it is the operating system that crashed for the computer would not reboot.  Due to this system error, she stated that she stayed up all night trying to recreate files and that she will get everything done that needs to get done.

The Board discussed that the Treasurer’s computer is a town computer and needs to be looked at by the town IT Consultant.  The Board discussed that electricity has been restored for about a week and this is the first time we are hearing about a town computer problem.  Chairman Donovan talked about contacting the Treasurer by phone to let her know that it is imperative that she meet with the Board to resolve the outstanding issues.   The Board reviewed the State laws to review the duties of the Treasurer and the removal process.  Chairman Donovan stated that his recommendation is to call Cheryl to tell her that enough is enough and that she needs to tender her resignation or the Board will start an audit as part of the removal process.  Selectman Thayer concurred and felt that the Board needs to do it right now.  

The Board discussed the mishandling of deposits and Town Administrator Nancy Wrigley stated that there were two checks deposited into the wrong accounts and she was responsible for one of the checks and asked for the Treasurer to rectify the matter in July, the other check was deposited incorrectly in the police detail account and the Treasurer stated that it was a bank error.

Chairman Donovan stated that the late deposits are the issue for State law requires that deposits are being made late.  Selectman Thayer stated that timely deposits are to be made once per week or $500 or more.  The Board discussed conducting an audit using the bank statements and using deposit paperwork from the Town Clerk/Tax Collector.

Town Administrator Nancy Wrigley stated that another issue is the laptop computer used by the Treasurer is a town computer and today is the first time she is hearing about it crashing.  As a town computer, if there are problems it needs to be handled by the town’s IT Consultant only.  

At this time, Bookkeeper/Payroll Administrator Kim Hughes and Deputy Treasurer Brenda Fiers joined the meeting and Chairman Donovan called Town Clerk/Tax Collector MaryJo McCullough to ask her to come to the Town Hall to be part of the discussion; since Mary Jo had a bad cold, the Board put her on speakerphone.

The Board discussed that they have been hearing about many issues surrounding the lack of duties being performed by the Town Treasurer Cheryl Nelson such as late deposits.  Kim Hughes added that the late deposits have been happening over many months and asked Mary Jo what is the time period?  Mary Jo McCullough responded that the late deposits have been happening since day one and has been an on ongoing issue.  Selectman Thayer concurred that it was happening before Mary Jo took over as Town Clerk/Tax Collector.  Mary Jo stated that on December 4th a deposit was made and the next one was on December 18, 2008.  Mary Jo reiterated the State law that deposits of $500 or more are to be made daily and/or no less than weekly and that includes not just her deposits but deposits by the Town Administrator, NPREA, Transfer Station and all others received by the Treasurer.  Mary Jo added that it is the simplest RSA written, no interpretation is needed; the Treasurer is aware that it is tax time and it is not the responsibility of the Deputy but of the Treasurer.  Mary Jo added that there has never been a daily deposit done, ever.

Deputy Treasurer Brenda Fiers reviewed the deposit slips and determined that multiple daily deposits were made in batch, not daily.  A discussion ensued with not making the school payment on time for the Treasurer stated that she did not have the funds to pay it, but if the deposits were made on time then it is likely that the money was available.

Deputy Treasurer stated that she had a verbal agreement with the Treasurer that the Deputy would come in on Tuesdays and the Treasurer would come in twice per week to handle the deposits.  

Chairman Donovan asked Mary Jo if she has any other issues and Mary Jo responded only that we get the money in the bank; she was surprised that she did not get more phone calls from residents asking about when the checks will be deposited and thought it had a lot to do with the ice storm.  Mary Jo added that she is doing her job, Kim is doing her job and they need the Treasurer to do her job.  Chairman Donovan asked about checks that bounced on her deposit.  Mary Jo responded that there were two checks from her deposit that bounced from the NPREA account and the Transfer Station account and she has asked for an answer and has not received it.

Deputy Treasurer Brenda Fiers added that due to her banking experience, the bank will take the bounced check out of the biggest account held by the Town, if the check does not have the town account number specified on it for “deposit only”.  Kim Hughes asked if the checks are stamped by the town; Brenda responded that it reads “deposit only” with no account number and she has to write it on each check.  Mary Jo added that with no account reconciliation, then we are unaware that deposits are being made in the correct town bank accounts.

Kim Hughes added that she received no follow through from Cheryl with any resolution.  Mary Jo stated that she has spoken with the Department of Revenue Administration about her concerns with the Treasurer.  Selectman McCarthy asked about her conversation and their suggestion was to contact Local Government Center legal department which she has not done yet for she does not want to get anyone in trouble but does not want this to reflect on her job performance for it was specifically stated in the internal control audit and she is following the rules.

Brenda Fiers stated that she does not know where anything is such as spreadsheets, checkbooks or any of the Treasurer’s files.  Selectman Thayer stated that according to the Selectmen’s last meeting with the Treasurer, she was to show the Deputy the files.  Brenda responded that this did not happen for the only thing she has entrusted her to do is deposits and to sign vendor checks.  

Chairman Donovan asked Brenda that if the Treasurer decides to resign, would she be able to jump in and take over.  Brenda responded that she would as long as she has access to all the documents.  Selectman Thayer asked about compensation; Kim Hughes stated that there is one quarter left to be paid out next year.  Brenda responded that she is not worried about compensation but about the black mark against the Town Treasurer’s name for she is part of that.  Kim concurred that a lot of effort and time is being put in by her all year long and has not received anything from the Treasurer since November when the Board gave the Treasurer a list of outstanding items, nor has she received any feedback from any new requests for information by the Treasurer.   Kim stated her concern with reconciling year end and at this point it is humanly impossible to be ready for the auditors to review the 2008 books which is scheduled for mid January.  Mary Jo stated that she and Kim tried to reconcile every month but there is always a glitch and one month there were remittal slips that Kim never received during the month of August.  Kim explained that the deposits go from Mary Jo to the Treasurer and then the slips go to her so the data can be entered into the accounting software and there was a good week of data missing during that month.  After that they went through each individual slip and there were a good amount of remittal slips that she was missing in order to balance the account.  Kim added that her accounting is only as good as the information that she receives from the Treasurer.  Without copies of the interest received or checks being paid is a great concern for when the auditors come in next month looking for this information she is not going to be able to produce the information.  The town could be written up as doing a poor job with reconciling and as the Selectmen are the fiscal agents, then it is their responsibility.

At this time, Police Chief Lawrence Streeter arrived.

Town Administrator Nancy Wrigley added that she has been working with Kim to rectify the checks that need to be deposited this year into the accounts.  Selectman McCarthy questioned that if this is road that the Board will be taking, should we be asking Brenda for a copy of the duties that she has been told to perform and information missing from the Treasurer’s office because we need to show a track record in order to conduct the audit and for the Board’s decision to move forward with asking for her resignation or by starting the removal process.

Brenda explained that the Planning Board Administrative Assistant Lisa Babcock needed to be reimbursed from the NPREA account and she went to get the checkbook to write the check and the checkbook was not in the safe.  Brenda added that the Treasurer was previously instructed by the Board to keep all checkbooks in the safe so she happened to go through the bank balance for the Transfer Station account and there is no running balance of that account and asked how she would be able to write a check from that account without an account balance.  Brenda showed the Selectmen the bank book which had empty pages with no information showing the account balance therefore she is not comfortable taking over this account at this time without the information; where is the check and balance on the town’s end?

Selectman McCarthy talked about sending a certified letter to the Treasurer asking for the town laptop, flash drive and all town documents.  Kim Hughes added that she is seriously considering not keeping her job with the town for this is too much.  Selectman McCarthy asked Kim what it would take for her not to leave and what can the Selectmen do to help.  Kim responded that with all due respect, the Selectmen are not aware of all that needs to be done for year end and to clean this up will require her to take time off from her other job and she cannot afford to do that so she needs to make a personal decision on whether she will continue with this much longer.  Kim added that if the Treasurer does not resign then is it possible to pull duties from her and assign them to the Deputy if she wants to take over the additional work but again what is the beginning balance at the beginning of the year 2009.  Selectman McCarthy asked Brenda if she is capable of handling the duties and she responded “yes”; she has fifteen years banking experience.  

Kim talked about the audit for 2008 will cost the town a lot of money due to trying to reconcile the Treasurer’s accounts.  Town Administrator Nancy Wrigley responded that this year the audit increased by approximately $5,000 due to trying to reconcile with the Treasurer.  The 2007 audit has not been closed by the auditors for they are still waiting for information from the Treasurer.

Mary Jo left the meeting at this time.

Chairman Donovan called the Treasurer’s cell phone, per the direction of the Board of Selectmen.  Chairman Donovan left a message on Cheryl’s cell phone asking her to call the Selectmen’s Office tonight for they are holding a public meeting and they need to speak with her.

The Board questioned whether they can authorize the Deputy Treasurer to handle the duties of Treasurer.  Town Administrator Nancy Wrigley responded that the Board has to do it for the job is not getting done.
 
Chairman Donovan motioned to give Deputy Treasurer Brenda Fiers all the information that she needs to do the job as Treasurer.  Second by Selectman Thayer.  Vote: Unanimous.

The Board authorized Brenda to have the keys to the Treasurer’s files to find what she needs to get the job done.  Chairman Donovan asked the Chief if we can have a cruiser go to the Treasurer’s house to confiscate the town laptop and any other documents such as checkbooks and all town documents.  The Board discussed whether they were to have the Deputy change the code on the safe.  After a discussion on whether they should do this based upon the information discussed tonight;  Deputy Treasurer Brenda Fiers came back into the Selectmen’s Office to inform the Selectmen that every checkbook is missing from the safe.  Selectman McCarthy responded -- and this after the Board met with Cheryl and required that all checkbooks are to remain at the Town Hall…

Chief Streeter asked the Board to give him something in writing to authorize a cruiser to go to Cheryl’s house to get all town documents and the lap top; the letter is to bring proof of the Board’s decision.  

Kim left the meeting at this time.

Treasurer Cheryl Nelson called in to the Selectmen’s Office; the phone was answered by Chairman Donovan.  Chairman Donovan put Cheryl on speakerphone and stated that the Board is calling because there are some major issues and we do not want to hear anymore reasons.  Chairman Donovan stated that the Board just found out about her town computer crashing two weeks ago but we are now just hearing about it and that she should not be trying to fix it – that is number one.

Number two is the deposits are not being done nor reconciliations, the checkbooks are not in the safe as directed by the Board of Selectmen not to take them out of the building.  Cheryl responded that she just picked them up at 5:30am this morning to reconcile them and since there is no computer in the building she needs a computer in order to reconcile them for she does it electronically.  Cheryl responded to the computer crashing, that she was unaware of any problem with the computer until the power came back on about a week ago.  Chairman Donovan responded that Cheryl should not be trying to fix the computer, as she should know for we had this problem in the past with another employee and that it needs to be looked at by the town’s IT Consultant.  Cheryl responded that she hoped to fix it in order to get her year end stuff done.  Chairman Donovan stated that since Cheryl is home, would she put everything in a box and bring it to the Town Hall or have the Chief pick it up.  Cheryl responded that she would do that if she was not sick in bed right now.  Chairman Donovan informed Cheryl that the Police Chief will be coming to her door in a little while to pick up all town documents and laptop.  Cheryl responded that the town computer is not at her house but at her work.  Chairman Donovan responded that the town computer is at your work and you are using your personal computer to download town information and you don’t see any problems with that.  Cheryl responded that she does not have a personal computer but is using her work computer to access the internet, not to download.  

Chairman Donovan added that is not what the email said; Cheryl questioned what Chairman Donovan was referring to and he responded that in the email it states that several files are backed up on her personal flash drive.  Cheryl responded that is not a computer but a portable flash drive and that she uses her personal flash drive as a second backup in case anything happens to the flash drive she uses for the town.  

Chairman Donovan stated that basically what it comes down to is that we have been asking for information for months, the checkbooks are not balanced as of 2007.  Cheryl responded that is absolutely incorrect.  Chairman Donovan responded not according to the Transfer Station checkbook from her office.  Cheryl responded that the Transfer Station account and every other account is balanced as of November 30th and she is not sure what checkbook that the Board is looking at which is probably an old file.  Cheryl stated again that the Transfer Station account is balanced as of November 30th as is every other account other than a few things she is looking into for Kim.  Chairman Donovan stated again that the Board will be sending Chief Streeter to her house to pickup all town documents and she is to hand them over to the Chief.  Cheryl responded that this will not allow her to complete her year end reconciliations.  Chairman Donovan responded that the Board has given permission to Deputy Treasurer Brenda Fiers to get the job done for it is currently not getting done and we need it.  Cheryl responded that she was up until 2:30 this morning working on it when she is very sick.  Chairman Donovan again stated that Chief Streeter will pick up the information and the Deputy will take over while she recovers from her illness.  Cheryl responded that the year end will not get done if the Board takes away the tools she needs to get the job done.  Chairman Donovan stated that it is not getting done anyway and again the checkbooks are not to be taken out of the Town Hall.  Cheryl responded that she lost information when the computer crashed and there is no way Brenda will be able to do it.  Chairman Donovan responded that Brenda can start working on it while Cheryl recuperates and then Cheryl can come in to help complete it.  Chairman Donovan stated that Chief Streeter will be at her home in 15 minutes to pickup all the town’s documents and checkbooks.  Cheryl responded that’s fine.  The phone call ended.

The Board discussed the need to get the town lap top tomorrow and if she is not at home then maybe the cruiser can go and get it in Andover, where she works.   The Board asked Chief Streeter that when he goes to Cheryl’s house to let her know that the Board wants the town laptop returned tomorrow and if necessary the Chief can go to Andover.   

Chief Streeter left to go to Cheryl’s house.

Chairman Donovan motioned to authorize Deputy Treasurer Brenda Fiers to change the combination to the safe and turn over all checkbooks and Treasurer’s paperwork to the Selectmen for safekeeping.  Second by Selectman McCarthy.  Vote: Unanimous.

Chairman Donovan motioned to have Police Chief Streeter go to the Treasurer’s residence on December 30th to try to retrieve the town laptop and if not there the Chief is to go to the Treasurer’s place of employment to retrieve the laptop and flash drive.  Second by Selectman Thayer.  Vote: Unanimous.

Chairman Donovan motioned to give Deputy Treasurer Brenda Fiers permission to inventory all articles and paperwork retrieved from the Treasurer by the Chief on December 29, 2008 at 7:15pm and on December 30th when the rest of the town property is returned.  Second by Selectman McCarthy.  Vote: Unanimous.

The following list was given to the Board from Brenda as Chief Streeter returned to the Town Hall with the documents that were then handed over to the Deputy Treasurer.  Items handed over to the Police Chief by Town Treasurer Cheryl Nelson were as follows;

Sunoco bill due 12/13/08
Checkbooks
        NPREA
        Conservation Commission
        Recreation Commission
        Food Pantry
        Steward Committee
        Transfer Station
        Police Special Detail Account
August 2008 reconciliation backup
Planning Board NPREA expense 12/9/08
Feb – Oct 2008 reconciliation/backup for police detail account
September 2008 folder of misc. account backup
October 2008 of misc. account backup
NPREA reconciliation Jan – Oct 2008
December 2008 folder of backup (misc. accounts)
Letters of credit (copies and originals)
November bank statement of all accounts (originals)
Copies of various backup documents
February reconciliation of the Transfer Station account
Request for payment to DTC

The Board questioned where is the town’s checkbook?  It was discussed that a ledger is kept on the accounting but the checks are processed through the computer or hand written, no “checkbook” exists for the checks are computer generated.

Chairman Donovan motioned to recess the meeting until tomorrow at 5:30pm.  Second by Selectman Thayer.  Vote: Unanimous.

Chairman Donovan reconvened the meeting at 5:58pm on December 30, 2008.  In attendance were Chairman Robert S. Donovan, Selectman Trisha J. McCarthy, Town Administrator Nancy J. Wrigley and Office Manager Mary B. Winglass.  Selectman Raymond Thayer was not present.

Replacement windows and doors at the Town Hall

Mark Lightizer from Newton Glass and Garage Doors asked to speak with the Board regarding the front doors at the Town Hall that are to be replaced.  Mr. Lightizer asked the Board if they wanted full glass doors or half glass.  The Board decided on full glass.  Mr. Lightizer asked the Board for a down payment of $2,000 for this project as he needs to order the materials.  The Board agreed to pay Mr. Lightizer the down payment of $2,000.

Bookkeeper/Payroll Administrator Kim Hughes spoke with the Board regarding the 2008 expenditures and that it is important that we do not purchase any of the encumbrances until we know that the funds are available.  The Board agreed with Hughes and discussed that although the replacement windows and doors are encumbered, funding is available in the 2009 budget.  Kim advised the Board that her recommendation is to not go below $50,000 expending the 2008 operating budget for she does not have anything to compare it to for we do not have the bank reconciliations.  The Board concurred.

General Government Buildings budget

Town Administrator Nancy Wrigley prepared a final general government buildings budget to include funding for the well testing for the abutting properties of the sand/salt shed.

Chairman Donovan motioned to amend the 2009 General Government Buildings budget to $116,917.00.  Second by Selectman McCarthy.  Vote: Unanimous.

The Board reviewed proposed 2009 warrant articles and made some changes.

Town Treasurer

Office Manager Mary Winglass informed the Board that she spoke with Police Chief Streeter today and was told that messages have been left on the Treasurer’s home phone and cell phone with no response.

Chairman Donovan called Town Treasurer Cheryl Nelson on her home telephone and on her cell phone to request again the town laptop to be returned to the Town Hall and if she is unavailable to deliver it, then Police Chief Streeter is available to go to her place of business in Andover to pick it up.

The Board discussed their concern with the Town Treasurer not returning the laptop today.  Chairman Donovan called the Town Treasurer again and left a message that we need the computer for year end and to contact the Selectmen’s Office.  The Board decided to send a certified letter tomorrow if the laptop has not been returned and to start the removal process.

Chairman Donovan motioned to give the Police Department the authority to take any action to retrieve the laptop and any other town property from the Treasurer, Cheryl Nelson.  Second by Selectman McCarthy.  Vote: Unanimous.

The Board reviewed three proposals for the purchase of a used portable generator to use, as needed during a power outage for town buildings.

The proposals were from the following companies;

MB Tractor & Equipment for $28,688.00.
Milton CAT for $16,500.00
ATS Equipment, Inc. for $16,900.00.

The Board spoke with Road Agent Mike Pivero over the telephone to determine the best purchase for the town.  As Pivero was unable to review the bids, he was only able to give some direction to the Board as far as knowledge on the brand of generator and recommendation.  Chairman Donovan stated that it is unclear whether the bid from Milton Cat included a portable trailer and yet we need to move forward with this purchase tonight.

Chairman Donovan motioned to accept the bid from ATS Equipment from Candia, NH for $16,900 for a 2005 Atlas Copco QAS78 with a long run auxiliary tank in trailer and to encumber the funds from the General Government Buildings budget, if funds are available.  Second by McCarthy.  Vote:  Unanimous.

Chairman Donovan motioned to adjourn at 8:25pm.  Second by Selectman McCarthy.  Vote: Unanimous.

                                                                Respectfully Submitted,


                                                                Mary B. Winglass, Office Manager