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April 21, 2008 Board of Selectmen Minutes


SELECTMEN’S PUBLIC MEETING

April 21, 2008


Call to Order

Chairman Donovan called the meeting to order at 6pm.  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 and video recorded and the minutes were transcribed and typed by Office Manager Winglass.

Chairman Donovan motioned to go into nonpublic session under RSA 91-A:3 II (e) – Litigation; (c) – Assessor; (c) – Building Department.  Second by Selectman McCarthy.  Roll Call Vote: Chairman Donovan – yes; Selectman McCarthy – yes; Selectman Thayer – yes.  Vote: Unanimous.

Chairman Donovan motioned to close the nonpublic at 7:24pm.  Second by Selectman Thayer.  Per unanimous roll call vote, the minutes of the meeting will remain confidential until in the opinion of the majority of the members the circumstances no longer apply, except to announce that the Board signed four Land Use Change Tax bills for Sargent Woods for 15 Bootland Farm Road, 17 Bootland Farm Road, 19 Bootland Farm and 13 Hickory Road in the amount of 18,250.00.

Introduction of Guests
Old Business
·       Outstanding Action Items
1.      Best Management Practice for handling of the Police Detail Special Revolving Account – Chairman Donovan is working on this with Chief Streeter.  Chairman Donovan stated that the Board will talk with Chief Streeter on this issue at the work meeting scheduled for May 28, 2008.
2.      Town Hall Office hours – Chairman Donovan stated that the Board has had no chance to go over this issue at all.
3.      Updated Personnel Policies and Procedures  - Town Administrator Wrigley prepared a draft personnel policies and procedures to include a Anti-Harassment/Discrimination Policy, Family and Medical Leaves of Absence Policy, Written Safety Policy and Hazardous Communication Training.  TA, Wrigley discussed the federally mandated Family Leave Act passed by Congress in 1993 as an important addition to the Town’s policies.  TA, Wrigley added that she is working on a handbook for the Town Employees that will also include a Jury Duty Policy to pay the difference of what the employee is paid for their jury duty services.  Another policy that TA, Wrigley is working on is the Military Leave Act.   
4.      Employee Performance Evaluation Form – TA, Wrigley prepared an additional last page to the current evaluation form to include certain items requested by the Board and she is asking other town’s for a copy of their performance evaluation for the town’s form is
not user friendly.  Chairman Donovan will try to get a copy of the performance evaluation form from his job as a comparison.  TA, Wrigley stated that she also prepared a form for each employee to write their goals and objectives in preparation of their evaluation.  
5.      Update on cable equipment to fix the audio/video on channel 20 – Andrew will talk to a Comcast Technician regarding the change to the lines and possible electrical upgrades.  Andrew Morse asked the Board to wait to discuss this until the next meeting for he hopes to have requisitions for the Board to consider for the updates to the equipment.  The Board then reviewed a letter from Andrew and Theresa Morse stating that they are not requesting to be reappointed to the Cable Committee this year but they are still interested in taping the meetings.  The Board discussed with Andrew that since he is now working for the Cable Committee as a volunteer versus an appointed member they would like to check and see if they could compensate him for his time by giving him a stipend.  The Board decided to look into this issue for Andrew is putting in a lot of work and time on updating the cable equipment.  
6.      Cable Committee Operators – still looking for people to work for the Cable Committee.
7.      Parking at Municipal buildings/Snow Parking Ban – Chief Streeter is working on the ordinance and the Board will check on the status at the work session.
8.      LGC – requesting legal funds for potential litigation against the NH Retirement System.  Rep Kim Casey had asked to attend the May 19th Selectmen’s Meeting to give an update to the Board.  The Board decided to wait and see as of the May 5th Selectmen’s Meeting as to the status of the legislatures decision regarding HB 1645 and will then determine the meeting date.
9.      Update on the status of Twombly Drive – Town Administrator is working on writing a letter and determining who the engineer that worked on this subdivision was.  TA, Wrigley received information from Planning Board Administrative Assistant Lisa Babcock that Rockingham County Conservation District (RCCD) was the engineer working on the project in 2004.  TA, Wrigley stated that she will draft up a quick letter to find out the developers intention for completing the subdivision.  One thing we do know is that the developer is advertising and marketing the lots for sale.  TA, Wrigley added that she spoke with Road Agent Mike Pivero about the road and he offered to take a look at it once he received the approved plan.  
10.     Capital Improvement Program – Chairman Donovan will contact another vendor for a price on windows and to look into pricing for portable air conditioners and a thermostat fan for the furnace room.  Chairman Donovan stated that he had someone come down to give an estimate of the windows last week, hopefully the written estimate should be in by the May 5th meeting.  Air Conditioners – Chairman Donovan stated that we need four air conditioners and he priced the portable air conditioners at about $500 each for the larger ones.  Chairman Donovan will measure the floor space to find out which size air conditioner each office will need and then price out each unit.
11.     DocStar Data Retention System – Town Administrator will speak with office assistant working on this project.  TA, Wrigley stated that she spoke with the office assistant and she is content with the way the system is working.  TA, Wrigley informed the Board that the 2006 and 2007 Selectmen’s Meeting minutes have been scanned in the system as well as 2007 Planning Board minutes and Zoning Board of Appeals minutes.  The Board decided to remove this item from the Action Item list.  


12.     Highway Department Issues
A.      Rental Agreement – Selectmen are reviewing proposed agreement.  

Road Agent Mike Pivero asked “Where do we stand with the rental agreement”.  Chairman Donovan suggested that the Board sit down with the Road Agent at a work session to find out the best way to move forward with the agreement.  Pivero added that he reviewed the draft agreement and he stated that the Attorney’s are making it more complicated and suggested that the Board go back to the simple language in his proposed agreement for the rental of power tools and equipment for the Road Crew.  Resident and prior Road Agent Frank Gibbs stated that his insurance company never had a problem with the town employees using his equipment.  Pivero responded that if the employees worked for him then they would be covered under his liability and workers’ compensation but since they are town employees he needs a hold harmless agreement.  The Board scheduled a work session with Pivero on Monday, April 28, 2008 at 6pm.

B.      Highway Budget

Road Agent Pivero stated the since the town voted in a default budget he is confused for the budget is less than last years budget and he does not understand why.  TA, Wrigley responded, per the Boards request, that the default budget did not include the Health and Dental Insurance for Robert White no longer works for the Highway Department. Since Mr. White now works full time at the Transfer Station, the Solid Waste budget includes the total contractual price for his Health and Dental Insurance.
Road Agent Pivero then talked about a second issue where the Road Crew were given a raise in December from $10.13 per hour to $14.23 per hour; Pivero stated that there are a couple issues such as; Pivero stated that when he looked at the Classification Plan he was unable to match up the Grade/Step and he asked to get an answer on how that number was derived.  Selectman McCarthy responded that this past December, prior Road Agent Frank Gibbs came into a Selectmen’s work meeting and asked for a merit increase for his employees.  Reasons for the increases included comparable wage scales from the surrounding towns, retention, and education and where we should be, therefore a recommendation was given and approved by the Selectmen.  Pivero responded that we have a problem for the raises were given but no money was put in the budget to pay for the increases.  Chairman Donovan looked at the Classification Plan and found they fall under Grade XIII, Step 3.  Pivero stated that if the Road Crew work a 34 hour work week his budget is off by $14,497.00.  Therefore we need to increase the budget to cover the cost or decrease their hours to stay within.  Selectman Thayer stated that since he was not here last year when the increases were voted on, he would like to see the minutes of that meeting.  Selectman McCarthy added that she remembers discussing with prior Road Agent Frank Gibbs that in the winter the hours are usually less due to the weather, in the area of 28 hours per week and in the good weather 32 or 34 hour per week.  Pivero responded that if that is the case he will have to reduce their hours per week to an average of 24 hours to make up the difference.  TA, Wrigley responded that the Highway Budget has $48,351.00 for salaries and Pivero stated that he understands but last year the salary line item was allocated to other areas.  The budgeted salary line item was prepared based upon 32 hours per week at the new rate for both Highway employees.  The 2008 default budget was reduced from the 2008 Proposed Budget salary line item only for the cost of living for the employees.  Selectman Thayer questioned the Cemetery pay raises given in the proposed Highway budget and stated that he has a problem with raises given when they are disproportionate to other departments.  Pivero added that he does not have a problem with raising the employees from $10.13 per hour but his problem is the budget.  The budget is short approximately $15,000.  His plan is to decrease the hours to stay within what was allocated last year or to increase the budget by $15,000.00.  

The Board decided to table this discussion until Monday, April 28th work meeting.

C.      Sand/Salt Storage

Road Agent Mike Pivero stated that the plan should be finished in the next day or so.  He added that he is not sure of the cost but it will not be a 48 x 60 shed.  Ultimately a 48x60 is the right size but the additional cost is substantial.  Pivero added that he is working with Dennis Quintal of Civil Engineering to prepare a plan to show the two separate lots with the sand/salt shed on the property facing south.  A pole barn will be $70,000 to $80,000 alone.  Selectman McCarthy asked to add this item to the work session on April 28th for she has been working with the Department of Revenue Administration on this issue and she will bring everyone up to date on what we can do for it looks like there is light at the end of the tunnel.  Pivero added that he should have the plan from Dennis Quintal by the work meeting.

New Business
D.      Police Chief Streeter RE: Police Department Budget

Police Chief Streeter addressed the Board regarding his budget situation.  Chief Streeter discussed that everyone is aware that we are working under a default budget and he was always under the impression or assumption that the default budget is the previous years approved budget.  He looked at the Municipal Budget Law and read the statutes and there are some variables and other fluctuations on the final number.  

Chief Streeter added that his budget was reduced by almost $13,366 and he stated that there is no way he is going to make it the year without an amendment.  He asked to have the money put back into the budget to cover the cost of approximately $17,000.00 in personnel retention and approximately $7,000 in gasoline increases affecting his budget for a total of approximately $24,000.

Chief Streeter handed out material to the Selectmen which outlined how he determined the overage in the gasoline line item anticipated by the end of the year.  Chief Streeter discussed the printed graphs and materials relating to the U.S. Pump Price Update as of March 25, 2008 and a fuel cost projection of almost $25,000 for this year using an average cost per gallon of $3.37.

Chief Streeter then talked about the positive side of how the department is operating by increasing its revenue.  Chief Streeter discussed Police Details in that the Board recently increased the cruiser fee from $8 to $10 per hours which will help to offset his cruiser maintenance line item.  The department has battery packs and portable LED lights to use when on a detail instead of running the cruiser as it consumes 1 gallon per hour while idling.  The department purchased a six (6) cylinder cruiser – Chevrolet Impala vs. (8) cylinder Ford Crown Victoria which will reduce the amount of gasoline as well as the vehicle sticker price is lower by approximately $5,000.  Chief Streeter added that he has changed gasoline and oil change and basic service vendors by using the State Vendors.  Therefore the department is showing an increase in revenues and savings to help offset the increases in expenditures affecting the budget.

Chairman Donovan asked if Chief Streeter had spoken to any of the gas and oil change vendors in town to see if they could match the State prices.  Chief Streeter responded “no”.  Selectman Thayer added that this is exactly what we have asked Chief Streeter to do and he has exceeded what we have asked him to do.  Chief Streeter asked for some guidance from the Board to find a solution to this problem.  The Board asked Chief Streeter to attend the April 28th Selectmen’s work meeting to sit down and work through the numbers.
E.      NH SPCA Impoundment Contract – 2008

Chief Streeter asked that we table this item until the next meeting for he would like the opportunity to discuss the contract with Animal Control Officer Kim Mears.  

F.      2008 Appointments

Chairman Donovan motioned to appoint James C. Malkemes as a member of the NCAT-20 Cable Committee with a term to expired on April 15, 2009.  Second by Selectman Thayer. Vote: Unanimous.

Chairman Donovan motioned to appoint Pauline E. Morse as a member of the NCAT-20 Cable Committee with a term to expire on April 15, 2009.  Second by Selectman Thayer.  Vote: Unanimous.

Selectman Thayer thanked the cable committee for all the dedication they have given to the town over the years.

Chairman Donovan motioned to appoint Michael A. Seekamp as a member of the Stewardship Committee with a term to expire on April 15, 2013.  Second by Selectman McCarthy.  Vote: Unanimous.

Chairman Donovan motioned to appoint Edward Batchelder as an Alternate member of the Stewardship Committee with a term to expire on April 15, 2013.  Second by Selectman Thayer.  Vote Unanimous.

Chairman Donovan motioned to appoint Barbara DiBartolomeo as an Alternate member of the Stewardship Committee with a term to expire on April 15, 2013.  Second by Selectman McCarthy.  Vote: Unanimous.

Chairman Donovan motioned to appoint Tina O’Rourke as Welfare Agent with a term to expire on April 15, 2009.  Second by Selectman Thayer.  Vote: Unanimous.

Chairman Donovan motioned to appoint Brian O’Rourke as Deputy Welfare Agent with a term to expire on April 15, 2009.  Second by Selectman McCarthy.  Vote: Unanimous.

Chairman Donovan motioned to approve and confirm Alan French as a member of the Zoning Board of Appeals with a term expiration of 31 March 2011.  Second by Selectman McCarthy.  Vote: Unanimous.

Chairman Donovan motioned to approve and confirm Charles Melvin, Sr. as a member of the Zoning Board of Appeals with a term expiration of 31 March 2011.  Second by Selectman McCarthy.  Vote: Unanimous.

G.      Month-end March 31, 2008 Year to date expenditures

The Board reviewed the first quarter year to date expenditures for all town departments, committees and commissions.  The Board asked that a memo go out to all departments asking that due to the fact that we are all working under a default budget, please tread carefully for everyone’s budget is tight.  
H.      Gale Library Trustees RE: Vandalism

Gale Library Director Theresa Caswell addressed the Board regarding vandalism that has taken place at the Gale Library over the past (6) six months.  Some of the vandalism taken place is a broken septic pipe, litter, vinyl siding was scorched with a lighter and loitering.  The Gale Library Trustees wanted the community to be aware of the problems taking place and asked to post a notice on the website to spread the word.

Chairman Donovan asked Chief Streeter for his opinion as to whether to post this notice on the website.  Chief Streeter handed out a packet showing a time line of events, with a log activity, taken place in the past 16 months relating to the Gale Library.  There have been six (6) incidents over the past 16 months and Chief Streeter suggested that the property be posted “For Customer Use Only – No Loitering”.  Anytime there is loitering you would call the police.  Chief Streeter added that he has been notified of the issues taking place and is willing to take the proper action and work with the administration and employees at the Library and for the staff to be prepared to follow through legally.  Chief Streeter did not recommend posting this notice on the website for it does not reflect well in the community.  Library Director Caswell asked “What about after hours”?  Chief Streeter responded by asking for the signs to be posted and a signed letter from the Trustees stating that they will support and assist the Police Department with prosecuting any violations.

Chief Streeter offered to get together with Library Director Terry Caswell to work on the verbiage of the letter.  Library Director Terry Caswell thanked Chief Streeter for his help.  

Announcements
·       2007 Sales-Assessment Ratio

Town Assessor Andrea Lewy informed the Board that the 2007 sales-assessment ratio is 103.5% of the market value.  The town is still within the acceptable range with the State of New Hampshire Department of Revenue Administration.  This ratio was based upon 95 sales from last year with only 38 sales that were valid or acceptable sales.  Town Assessor Lewy stated that the town still meets the criteria even though the market has slowed down which means that our values are still good.  Chairman Donovan added that if anyone has any questions, please contact Town Assessor Andrea Lewy on Wednesday at the Town Hall.

·       Free Manure Management Workshop on Saturday May 17th at 11am at the Newton Town Hall

Selectman McCarthy announced that this workshop is for the small horse hobbyist with one or two horses to learn the best management practices for dealing with horse manure.  This workshop is being held in cooperation with State Agencies and is free to residents.  The town in the past has had some issues relating to manure runoff into the wetlands and this workshop will help residents to maintain and care for properly the horse manure on their property.

Accept Minutes of Selectmen Meetings
·       Selectmen’s Public Meeting minutes of April 7, 2008

Chairman Donovan motioned to accept the Selectmen’s Public Meeting minutes of April 7, 2008 as written.   Second by Selectman McCarthy.  Vote: Unanimous.


Reports from Department Heads
1.      Recreation Commission RE: Clean up and repairs at the Town Beach and Greenie Park

Chairman Donovan stated that no one is here from the Recreation Commission to discuss this request with hiring inmates to clean up and repair town property.  Selectman McCarthy informed the Board that she met by accident Recreation Member Gary Nelson at the school and he told her that he plans on supervising the work, if approved, on a Monday or Tuesday but he is looking to use them for two days.  Chairman Donovan stated that he will get more information at the next Recreation Commission meeting.

VIII.    Review of Action Items
IX.     Adjourn

Chairman Donovan motioned to adjourn at 9:17pm.  Second by Selectman McCarthy.  Vote: Unanimous.

                                                        Respectfully Submitted,


                                                        Mary B. Winglass, Office Manager