Town of North Hampton, New Hampshire
Select Board
Minutes
Regular Meeting - Wednesday June 11, 2008 – 6:30PM
1. Call to Order & Call of the Roll
Members Present: Emily Creighton, Chair; Selectman Craig Salomon; Selectman Mike Coutu. Town Administrator Steve Fournier
2. Non-Public Session – 6:30 in the Executive Conference Room 2nd Floor pursuant to RSA 91-A:3 II (a - compensation, b – hiring , c - reputation)
Motion by Selectman Salomon to enter into non-public session. Seconded by Selectman Coutu. Motion carries 3-0
The Board recessed from non-public session at 7:25PM.
3. Consent Calendar
***Motion*** by Selectman Salomon to approve the following items on the consent calendar:
1. Denial of Abatement – Map 1 Lot 71
2. Approval of Abatement – Schofield Map 3 Lot 68 $935.19
3. Approval of Abatement – Map 5 Lot 7 $2,138.70 16 Lots 5 thru 8
4. Issuance of Timber Cut Yield Tax – Map 16 Lots 5 thru 8 - $1,412.15
5. Approval of Intent to Cut – Map 17 Lots 71 & 72
Seconded by Selectman Coutu. Selectman Coutu asked why the abatement was being recommended for denial for Map 1 Lot 71. Town Administrator Fournier stated that the Applicant must prove that they are being assessed incorrectly and that if they have evidence to support their claim of over-assessment, they need to contact the assessor.
Selectman Coutu asked about the Kohl living trust and whether or not the amount was being abated because part was obsolete was a statutory provision or assessor judgment. Town Administrator Fournier stated it is the assessor’s judgment. Selectman Coutu asked if the entire building is functionally obsolete. Town Administrator Fournier stated that it was. Selectman Coutu stated that it would help if MRI’s write-up has more detail in their recommendations to the Select Board.
Selectman Coutu asked if an individual needs permission to cut trees that threaten a dwelling. Town Administrator Fournier stated no, and what they are approving is not a timber permit, but a form to tax the woods that is cut.
Motion carries 3-0
4. New Business
4.1. Appointment of Alternate Members of Zoning Board of Adjustment (2 Positions)
Chair Creighton stated that she watched and listen to the last ZBA meeting discussion about appointments made to date. She stated that she heard comments about concerns for experience on the Board of Adjustment. She stated that she did not fully understand these concerns as there are four experienced people on a five member board. She further stated that in keeping in line with how she voted in the past, alternates should come with a clean slate and with no allegiances to anyone.
***Motion*** by Chair Creighton to appoint James Keirstead as an alternate to the Zoning Board of Adjustment. Seconded by Mike Coutu. Selectman Coutu stated that he did not know Mr. Kierstead. Chair Creighton stated that he served on the ZBA in the past as well as other boards/ Selectman Salomon felt that there may be a possible conflict between the Conservation Commission. Chair Creighton stated that he is not currently serving. Motion passes 2-1 Selectman Salomon in the negative.
***Motion*** by Selectman Salomon to appoint Paul Marston as an alternate to the ZBA. Seconded by Selectman Coutu.
Selectman Coutu knows that he has served but wanted to see how much experience Mr. Marston may have. Chair Creighton stated that they are not receiving complete packets of information on the individuals. Town Administrator Fournier stated that the Board wanted to expedite the process and they could not get a full packet together. Selectman Salomon stated that Mr. Marston was on the Planning Board and Zoning Board and is a long time resident of Town. Selectman Coutu asked if Mr. Pattow had experience on the ZBA. Selectman Salomon was not clear if he did. Motion passes 2-1 Chair Creighton in the negative.
4.2. Resignation of Recreation Commissioner – S. Hart
***Motion*** by Selectman Salomon to accept the resignation and thanked Sharon Hart. Seconded by Selectman Coutu. Motion carries 3-0.
4.3. Bandstand Committee Appointments
***Motion*** by Selectman Coutu Seconded by Selectman Salomon to appoint the following member to the Band Stand committee: Kendall Chevalier for three years for a term to end 2011; Deb Sillay for a three year term ending in 2011; Sarah Maloney for a two year term, ending 2010 and Brian Chevalier for a two year term ending 2010. Motion carries 3-0.
4.4. Pine Rd. Island – B. Strout
Mr. Strout stated that there is a small island at the intersection of Atlantic and Pine that he would like the Board to give him guidance on their preferred action. Since Pine road is due for reclaiming and pavement, this is the time to consider options for this shrinking island that always has a puddle of standing water. He is recommending to the Select Board to remove this island. He stated that it has shrunk over the years because of vehicles driving over it. Mr.Strout recommended making it a “T” intersection or preserving the island by repairing it and placing granite curbing all around the island and preventing parking within 75 feet of the island. Selectman Salomon asked to have the neighbors weigh in to see if they are opposed to the island being removed as they
may see it in keeping with a rural neighborhood. The Select Board postponed the decision to the next meeting.
4.5. Release of Surety – Evergreen Drive
***Motion*** by Selectman Salomon to release the surety for Evergreen Drive upon the recommendation of the Planning Board. Seconded by Selectman Coutu. Motion carries 3-0.
5. Items Laid on the Table
5.1. Board of Selectmen Rules and Procedures
6. Report of the Town Administrator
Town Administrator Fournier gave an update on the Retirement System. He stated that the committee of conference process on retirement bill was long and bitter. The House and Senate met after marathon sessions and hammered out a deal. Towns didn’t get all that we hoped for in the committee of conference, but there has been movement on some items.~ The creation of an independent investment committee is probably the only positive in the bill.
The House and Senate conferees agreed to the transfer of $250 million from the special account to the corpus of the pension fund, to terminally fund the medical subsidy without an unconstitutional unfunded mandate.
They agreed to change the definition of earnable compensation used to determine an individual’s pension amount. Included are military differential pay, cash incentives paid by an employer to encourage members to retire, supplemental pay and teacher development. Currently, the law allows many other items to be included in earnable compensation, such as fitness center reimbursements and uniform/clothing allowances.
They removed the House’s proposed requirements that police officers and fire fighters work 25 years and not retire until age 50 in order to draw a pension.
They agreed to a COLA of 1.5% on the first $30,000 of a retiree’s pension for one year. A supplemental check of $1,000 is provided for those making $20,000 or less, as long as they had at least 15 years of service, and a further $500 check to those who retired prior to 1993. Another supplemental allowance is provided in each of the next four years to compensate for the elimination of the 8% increase in the medical subsidy. This additional supplemental allowance is $500 for retirees who take a one-person medical subsidy and $1,000 for retirees taking a 2-person medical subsidy.
The House conferees had compromised on all issues that the Senate wanted, except the governance issue, until late Friday afternoon. At that time, the House offered a proposal that would keep the board of trustees the same, with an independent investment committee comprising 3 members appointed by governor and council and qualified by training and experience in investment matters, and 2 members of the board appointed by the chair. It’s not a bad compromise on investment, but it still leaves labor representatives in control of the board.
In addition, they agreed to a reworded version of the so-called Reagan amendment, which will require an employer to pay for the cost of any excess benefit that result from the payment of compensation that exceeds 125% of the employee’s average base pay during his or her highest 3 years of creditable service. No one is sure what this means. The LGC understands that the intent of the amendment is to stop abuses to the system that occur if large severance packages are offered at the end of an individual’s career, without an opportunity to make the necessary contribution to the NHRS on behalf of that individual. Those costs are currently borne by all employers via a 7% loading factor the actuaries include in the employer contribution rates, so even those employers that do not offer such
severance packages currently pay for them through the normal contribution rates.
The stumbling block at the end of the day on Friday was the maximum retirement benefit provision – the House position was a 100% cap on pensions, i.e., that no retiree could earn more in retirement than his or her highest year of base pay when working. Ultimately, the agreement provides for a cap on maximum pension benefits of $120,000, without any CPI adjustment, and only for employees hired after July 1, 2009.
This is a stop gap effort by the legislature, and we will be back in the same situation shortly. He believes that with the significant clout that labor groups have with elections and this being a state election year, we can all do the math.
Town Administrator Fournier wanted to thank the Board for their active involvement with this issue.
Selectman Coutu asked how an employee can get more in retirement than what they were earning while they were working. Town Administrator Fournier stated that employees are allowed to collect on the average of the three highest paid years, which typically is the base pay plus other earned hours. Selectman Coutu asked if the Town was liable for any increases and the employees are not. Town Administrator Fournier stated that they were.
Town Administrator Fournier stated that there will be some significant changes to the Right to Know Law if the bill that passed the house and senate is signed by the Governor as expected. First and foremost is it specifically bans the Boards from deliberating from public view via electronic communication (email, telephone, instant messenger). He stated that it means if a member of staff sends out a memorandum to a Board or Committee, the members of that committee cannot email back and state opinions or come to a conclusion in these emails. This can only be done in public meetings. In addition, it clarifies that officials are only allowed to contact each other via email to coordinate schedules for meetings, and review drafts of items that were previously formalized in a meeting. The main wording
to consider is that we cannot have sequential communications from a Board or Committee that comes to an agreement or conclusion.
In addition, the bill would allow members of committees or boards to teleconference into meetings as long as a majority of the Board was physically present at a meeting and all individuals at a meeting can hear it.
Town Administrator Fournier stated that one of the policies that we need to adopt is a safety policy so we can reactivate our Joint Loss Management Committee. The Joint Loss Management Committee is a committee set by state statute to have an equal number of department heads and employees to review workers compensation claims and other safety concerns. He stated that the Town had a visit from the Department of Labor looking for this information. He has talked with Chief Page on reactivating this and secured the following safety policy from our insurance carrier and tried to tailor it to our needs.
Town Administrator Fournier stated that Tax Bills will be going out shortly.
Town Administrator Fournier stated that he received a response from the Hampton Rod and Gun Club and that none of the area where activities are taking place is in current use. ***Motion*** by Selectman Salomon to approve the Current Use application. Seconded by Selectman Coutu. Motion carries 3-0.
Chair Creighton asked for an update on the Highway Facility. Town Administrator Fournier stated that the cement was poured and the heating pipes are holding pressure. He stated that they have paved a portion of the road. Selectman Coutu asked for a comprehensive memorandum on the status of the facility. Selectman Coutu wanted to make sure that concerns brought out at the last BOS meeting are addressed. Mr. Fournier stated that the concerns will be responded to in writing.
Richard Bettcher stated that he was not trying to interfere with the construction, but he was curious why the trucks ran over the pipes. Town Administrator Fournier stated that the pipes did not lose any pressure and as such there were no leaks in the piping. Henry Fuller asked if there was a puncture. Town Administrator Fournier stated that there was not, the leak was in the seal at the end. He stated that while the sealant was applied, the walls were not plugged where the rebar was broken off. He was also concerned that sealant did not cover the subsurface of the cement. He stated that he physically dug around the inside and tar was installed on the walls.
Selectman Coutu gave the Board a brief update on his meeting with the Town’s Auditors. He stated that one of their main concerns is that the Town is not audit ready at the time of the audit. Selectman Coutu, stated that he along with Mr. Fourner, Ms. Kidd and Ms. Creighton met June 5th with Mr. John Lyford of Mason and Rich, the Town’s outside auditor. One concern addressed is that the audits are taking longer than expected at a cost greater than budgeted. Historically, the financial records have not been complete and accurate when the audit begins. Auditors end up having to re-examine entries and correct incorrect postings to the ledger. Selectman Coutu stated that a number of initiatives underway to address concerns. There is a possibility of the Town
using Mason and Rich for higher level finance assistance that would be provided by a Finance Director. Selectman Coutu stated that if the Town decides to use this service, the Town would have to hire another auditor. Mr. Lyford’s input crystallizes the concerns identified by his study. He stated that while the issues of concern are historical, the office has made progress to date and that many steps and items have been undertaken to avoid those problems in the future. He further stated that the Town is not 100% up to date, there is more work to be done, procedures have to written and Mr. Fournier will address those in the new fiscal year.
7. Minutes
7.1. Regular Meeting – May 7, 2008
***Motion*** by Selectman Coutu to approve the minutes of May 7 as amended. Seconded by Selectman Salomon.
Selectman Coutu stated that he has no comments on the changes, but the Board needs to adopt a set of guidelines for minutes. Selectman Salomon agrees with Selectman Coutu. Motion carries 3-0.
7.2. Regular Meeting – May 21, 2008
***Motion*** by Chair Creighton to table. Seconded by Selectman Salomon. Motion carries 3-0.
***Motion*** by Selectman Salomon to seal proceedings of non-public. Seconded by Selectman Coutu. Motion carries 3-0.
8. Adjournment
***Motion*** by Selectman Salomon to adjourn. Seconded by Selectman Coutu. Motion carries 3-0.
Meeting adjourned at 8:32PM.
Respectfully Submitted:
Stephen R. Fournier
Town Administrator
| 
