SELECTMEN’S PUBLIC MEETING
January 12, 2009
I. Call to Order
II. Introduction of Guests
III. Old Business
5:00pm - Nonpublic Session under RSA 91-A:3 II (b) Cable Operators
Chairman Donovan motioned to go into Nonpublic Session under RSA 91-A:3 II (b) Cable Operators. Second by Selectman Thayer. Roll Call Vote: Chairman Donovan – yes; Selectman McCarthy – yes; Selectman Thayer – yes. Vote: Unanimous.
Chairman Donovan motioned to close the nonpublic session at 5:44pm. 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 the hiring of Jennifer Klopotoski as Cable Operator at Grade IX, step 8 with an effective date as of today.
Chairman Robert S. Donovan, Jr. and Selectman Trisha J. McCarthy met with Attorney John Ratigan in an Attorney-Client meeting. The meeting was not recorded and no minutes were taken.
Chairman Donovan recessed the meeting in order to meet with Attorney John Ratigan.
5:30pm - Attorney-Client Non-Meeting with Counsel John Ratigan
5:45pm - Resident John Ulcickas Re: Request for documents to be made public
Chairman Donovan called the meeting back to order at 6:25pm.
Present were John Ulcickas, Town Clerk/Tax Collector Mary Jo McCullough, Deputy Town Clerk/Tax Collector Cheryl Saunders, Bookkeeper/Treasurer Kim Hughes and Police Chief Lawrence Streeter.
Mr. John Ulcickas thanked the Board for allowing him to speak for he asked to be on the agenda, under the Right to Know Law, to request that the Board review the documents surrounding the resignation of the Town Clerk/Tax Collector Raymond Thayer and to make all of the documents and information in its possession public, just as it has done with the resignation of Town Treasurer Cheryl Nelson. This request is being made as a result of the comments made by Raymond Thayer in the Eagle Tribune, January 6, 2009 on page 4 “Thayer said the problems have been recurring since he served as Town Clerk in 2007.”
Chairman Donovan asked if there was anything specific he was looking for. Ulcickas responded “all of the documents pertaining to the resignation to be made public”.
Attorney John Ratigan responded that he would review the file with the Board and will give the Board advice to comply with this request, which might take a couple of days. Mr. Ulcickas thanked the Board for their prompt attention to his request. Attorney Ratigan left the meeting stating that he would be back in touch with the Selectmen.
See page 5 for additional discussion on this topic. The Board recessed the meeting on Monday, January 12, 2009 and reconvened on Wednesday, January 14, 2009 when a final decision was made to release the documents.
6:00pm - Police Chief Streeter Re: Police Detail Rate - Change Request
Police Chief Streeter explained his request to increase the police detail rate from $41 to $46 for a detail without a cruiser and from $49 to $56 for a detail with a cruiser. The requested change is based upon a change of rates of the contiguous and surrounding communities effective January 1, 2009. Chief Streeter added that because we are a small mutual aid community that shares personnel resources nearly on a daily basis, he requests that the Board consider authorizing the same police detail pay as the surrounding communities. Selectman McCarthy asked to clarify for the public that this detail rate is used for companies requesting a detail officer to hire to handle the traffic while working in town.
Chairman Donovan motioned to accept the Police Chief’s new detail rate increase request for an officer rate of $33 to $36 and the admin fee of $8 to $10 for a total of $46 for a detail without a cruiser, and $56 for a detail with a cruiser, effective date as of today. Second by Selectman McCarthy. Vote: Unanimous.
6:15pm - Review of the 2009 budget, default budget and warrant articles
The Board reviewed the wording of the proposed warrant articles for the 2009 Town Meeting as prepared by Town Administrator Nancy Wrigley.
Town Administrator Nancy Wrigley asked to clarify with the Board that in the past the State Department of Revenue recommended that the more information the better to help the voters understand the warrant articles and any warrant article with a dollar amount was always recommended or not recommended by the Board of Selectmen. This has changed this year for Local Government Center asked for the State to uphold the law which only allows “special warrant articles” to have a recommendation or no recommendation by the Board of Selectmen. The only warrant articles allowed to have the Selectmen to recommend or not to recommend are petition warrant articles, non-lapsing, capital reserve or bonding articles. Other information from DRA states that no disclaimer or intent can be added to any warrant articles, as it has
been done in the past. The Board discussed having a handout at Town Meeting to explain the tax impact for each warrant article.
The Board asked for Town Administrator Nancy Wrigley to personally contact each department head to remind them to submit warrant articles to the Selectmen’s Office no later than Wednesday, January 14th at 4pm.
The Board discussed each warrant article and made some changes to help finalize the 2009 Town Warrant. Changes made to the warrant articles are as follows;
Warrant article to compensate the Town Clerk/Tax Collector instead of statutory fees. After reviewing the warrant article for a salary for the Town Clerk/Tax Collector, the Board decided to include in the article compensation of $51,000 for 35 hours a week plus health and dental benefits as voted in warrant article #27 in 2000. Selectman Thayer stated that he has a problem with the sum of $51,000 for it took him 13 years to get a raise and feels that we are starting her too high and he does not have a problem with compensation of $48,000. Chairman Donovan responded that the Board discussed compensation with Mary Jo and Selectman Thayer approved the salary of $51,000. Selectman Thayer replied that after he thought about “where do we go next year, do we keep continuing to increase her salary”. It was discussed that if the townspeople want to approve an increase next year it is their prerogative as the Town Clerk/Tax Collector is an elected position. Selectman Thayer asked to
change the compensation to $48,000. Chairman Donovan stated that he is not in favor of any change and Selectman McCarthy added that it will be discussed and approved by the voters at both the Deliberative Session and Town Meeting.
Warrant article for a part time Secretary for the Selectmen’s Office. The Board discussed having the article as proposed by the Board of Selectmen and the Town Administrator. Selectman McCarthy asked to keep it as written. Selectman Thayer and Chairman Donovan decided to take out the Board of Selectmen and have it proposed only by the Town Administrator.
Warrant article for the sum of $50,000 to be placed in the existing Capital Reserve Fund called the “Fire Apparatus and Equipment Fund” created in 2005. The Board questioned if the Board of Selectmen are the agents to spend from this fund.
ACTION ITEM: Town Administrator Nancy Wrigley will check with DRA and the Fire Department bylaws to find out if the Selectmen can be the agents to spend from the account.
Road Agent Mike Pivero met with the Board to review his proposed warrant articles for the 2009 Town Warrant. Pivero was in favor of a handout to the residents regarding the tax impact for each warrant article; he discussed reducing the request to fund the “Road Systems Improvement Fund” from the prior year of $25,000 to $15,000. The third warrant article is a new warrant article asking to set aside funding that the town received as a reimbursement from FEMA and the State for repairs caused by the hurricane this past spring. The sum of $10,000 is to come from the unreserved fund balance (surplus) and no amount is to be raised from taxation and to name the Selectmen as agents to expend. This fund will be used for any town or state emergency to cover the cost of repairs versus impacting the Highway budget. Pivero explained that his budget has been impacted by these emergencies, which does not allow him to complete the work proposed for that year. The final warrant article that
falls under the Road Agent is to use the Highway Block Grant for the repair and maintenance of town roads. It was discussed that it would help to be able to use the wording of “No tax impact” at the end of this warrant article but unfortunately we cannot, therefore we need to use a tax impact sheet to inform the voters.
Transfer Station Andrew Morse met with the Board to discussed a warrant article to replace the existing fence and add some new fencing at the Transfer Station. Andrew discussed that this will enclose part of the area and his thought is to fence a portion of the area over the next three to four years due to the cost. The Board took out the wording for a fence with privacy slats so the Board is not required to install a certain type of fence.
Police Chief Streeter met with the Board to review his proposed warrant articles; for a new Full-Time Police Officer and bonding for a newly renovated Police Station. Chief Streeter added that he would have the exact figure for the Town Administrator tomorrow as well as the final wording on the warrant article for the bond.
Town Administrator Nancy Wrigley talked about the Veteran’s credit petition warrant article received to increase the amount of the credit to the maximum allowed by the State. Wrigley added that when speaking with DRA, she was told that an amendment can be made at the Deliberative Session to include that the increase for each credit is from $200 to $500 for a total increase of approximately $42,500.
Chairman Donovan discussed the Community Services warrant article in that residents have asked if we can separate each request into a separate warrant article. This would create an individual warrant article for each funding request. The Board decided to add a new warrant article asking the residents if they want to vote on each funding request separately. Chief Streeter discussed the “Noise Ordinance” warrant article in that the ordinance needs to be voted on by the residents not as was done in 2007 when it was approved by the Board of Selectmen. Wrigley discussed that Local Government Center reviewed the policy and recommended an amendment to the last page. The Board approved amending the ordinance.
2009 proposed budget and default budget review
The Board started the review of the 2009 default budget and it was brought to the Boards attention that the Cable Committee budget is for a total of $6,000 not $5,500 as approved by the Board.
Cable Committee budget
Chairman Donovan motioned to amend the 2009 Cable Committee budget for a total of $6,000. Second by Selectman McCarthy. Vote: Unanimous.
Personnel Administration budget
Chairman Donovan motioned to accept the 2009 Personnel Administration budget at $131,600. Second by Selectman McCarthy. Vote: Unanimous.
General Government Buildings
Town Administrator Nancy Wrigley asked to review the General Government Buildings budget. Wrigley stated that she spoke with Road Agent Mike Pivero regarding the cost for snow removal done at the Town Hall, Gale Library, Police Station and the Fire Stations should be paid out of the General Government Buildings budget. Wrigley stated that she spoke with Bookkeeper/Payroll Administrator Kim Hughes and was told that the payroll and contractor hours for snow removal at these buildings this year already exceeds $750 and should be tracked separately, not to be paid out of the Highway budget.
Chairman Donovan motioned to amend the General Government Buildings budget for 2009 to increase the grounds maintenance – winter line item from $500 to $2,000 for a total General Government Building budget of $118,417. Second by Selectman Thayer. Vote: Unanimous.
IV. New Business
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 at 6:30pm is the Public Hearing Bond Issue for the design, engineering, site preparation, building construction and renovation, equipment and furnishing of the Newton Police Department. (Snow date is Tuesday, January 20, 2009)
· January 19, 2009 at 7pm 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 December 8, 2008 and December 22, 2008
- Selectmen’s Nonpublic Meeting minutes of December 8, 2008 and December 22, 2008
No minutes were reviewed or accepted.
VII. Reports from Department Heads
VIII. Adjourn
Chairman Donovan motioned to recess the public meeting until Wednesday at 5:30pm. Second by Selectman McCarthy. Vote: Unanimous.
On Wednesday, January 14, 2009 at approximately 5:35pm, Chairman Robert S. Donovan Jr. and Selectman Trisha J. McCarthy met with Attorney John Ratigan in an Attorney-client meeting to review Attorney Ratigan’s recommendation to release documents under the Right to Know Law relating to the resignation of Town Clerk/Tax Collector Raymond Thayer.
Chairman Donovan motioned to reconvene the public meeting at 6:24pm on Wednesday, January 14, 2009. Second by Selectman Thayer. Vote: Unanimous.
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; minutes were transcribed and typed Office Manager Winglass.
Continuation of the discussion Re: Resident John Ulcickas Re: Request for documents to be made public
Present were Residents John Ulcickas and Mark Stolberg. Selectman Raymond Thayer stepped down from this discussion.
Chairman Donovan stated that on Monday, January 12, 2009, the Board of Selectmen asked Attorney John Ratigan to review the file and to recommend the release of documents under the State Right to Know Law per the request of resident John Ulcickas. The documents requested to be released have to do with the resignation of Town Clerk/Tax Collector Raymond Thayer.
Attorney Ratigan went through the files and came up with a number of documents to be released under the Right to Know Law. Some of the documents are Attorney-client privileged and other relate to the internal control audit conducted by Municipal Resources, Inc; State law RSA 91-A:3 III states that matters are to be confidential until in the opinion of the majority of the members, the circumstances no longer apply. The documents are historical materials that led to the resignation of Raymond Thayer’s resignation, therefore Attorney Ratigan recommended that the Board release the confidential materials since Mr. Thayer resigned over a year ago and the circumstances no longer apply and to make the materials available under the full extent of the law.
Chairman Donovan motioned to release the documents under the Right to Know Law recommended by Attorney John Ratigan. Second by Selectman McCarthy. Vote: Unanimous.
(Selectman Raymond Thayer was not part of this vote).
Attorney Ratigan stated that he would send over a letter to the Selectmen listing the documents made public tonight. Copies of the documents had already been made and Selectman Thayer, Mr. Ulcickas and Mr. Stolberg all received a copy. After reviewing the documents, Chairman Donovan asked Mr. Ulcickas if he is satisfied with the documentation that was made public. Mr. Ulcickas thanked the Selectmen and responded “yes” the documents he was looking to be released are all here.
Chairman Donovan motioned to recess the meeting at 6:37pm. Second by Selectman Thayer. Vote: Unanimous.
Chairman Donovan motioned to reconvene the meeting at 6:49pm. Second by Selectman McCarthy. Vote: Unanimous.
Continuation of the 2009 proposed budget and default budget review
Town Administrator Nancy Wrigley and Office Manager Mary Winglass met with each department to review the default budget figures. After reviewing the default number, it was determined that additional funding was needed for the 2009 proposed budgets for the Police Department and the Transfer Station salary line items and the lease rental line item (PD only).
Chairman Donovan motioned to increase the 2009 Police Department proposed budget to $596,944.00. Second by Selectman McCarthy. Vote: Unanimous.
Chairman Donovan motioned to increase the 2009 proposed budget for Transfer Station at $421,555. Second by Selectman Thayer. Vote: Unanimous.
The Board reviewed a revised copy of the 2009 proposed warrant articles as prepared by Town Administrator Nancy Wrigley and prepared a final 2009 budget and default budget.
Chairman Donovan motioned to adjourn at 8:55pm. Second by Selectman McCarthy. Vote: Unanimous.
Respectfully Submitted,
Mary B. Winglass, Office Manager
| 
