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Select Board Minutes 03/24/2008


Minutes of the Meeting of the Board of Selectmen
Monday March 24, 2008 – Regular Session
Mary Herbert Room - Municipal Complex

1.      Call to Order & Call of the Roll
Chair Creighton called the meeting to order at 7PM.
Members present: Chair Emily Creighton, Selectman Craig Salomon and Selectman Mike Coutu. Staff: Town Administrator Steve Fournier.
Selectman Coutu introduced himself and stated that he would be focusing on greater financial discipline and will work with the other members to achieve these goals.
2.      New Business
2.1.    Organizational Meeting & Selectmen Assignments
Election of Chair
Motion by Selectman Coutu to appoint Chair Creighton as Chair. Seconded by Selectman Salomon. Motion carries 3-0.
Election of Vice Chair
Motion by Selectman Coutu to appoint Selectman Salomon as Vice Chair. Seconded by Chair Creighton. Motion passes  3-0.
Planning Board
Motion by Selectman Coutu to appoint Selectman Salomon as Selectmen  Representative to the Planning Board. Seconded by Chair Creighton. Motion passes 3-0.
Budget Committee
Motion by Selectman Salomon to have Selectman Coutu serve as the Board of Selectmen Representative to the Municipal Budget Committee. Seconded by Chair Creighton. Motion carries 3-0
Heritage Commission
Motion by Selectman Salomon to appoint Chair Creighton as the Board of Selectmen Representative to the Heritage Commission and Town Administrator Fournier as the alternate. Seconded by Selectman Coutu. Motion carries 3-0.
Conservation Commission
Motion by Selectman Salomon to appoint Chair Creighton as the Board of Selectmen Representative to the Conservation Commission. Seconded by Selectman Coutu. Motion carries 3-0.
North Hampton Forever Subcommittee
Motion by Selectman Salomon to appoint Selectman Coutu serve as the Board of Selectmen Representative to the North Hampton Forever Subcommittee. Seconded by Chair Creighton. Motion carries 3-0.
Water Commission
Motion by Chair Creighton to appoint Selectman Salomon as the Board of Selectmen Representative to the Water Commission. Seconded by Selectman Coutu. Motion carries 3-0.
Capital Improvement Committee
Motion by Chair Creighton to appoint Town Administrator Fournier as the Board of Selectmen Representative to the Capital Improvement Committee. Seconded by Selectman Salomon. Motion carries 3-0.
Recycling Committee
Motion by Chair Creighton to appoint Selectman Coutu as the Board of Selectmen Representative to the Recycling Committee. Seconded by Selectman Salomon. Motion carries 3-0.
Energy Committee
Motion by Chair Creighton to appoint Selectman Salomon as the Board of Selectmen Representative to the Energy Commission. Seconded by Selectman Coutu. Motion carries 3-0.
Zoning Board of Adjustment Liaison
Motion by Selectman Salomon to appoint Selectman Coutu as the Board of Selectmen Liaison to the Zoning Board of Adjustment. Seconded by Chair Creighton. Motion carries 3-0.
Chair Creighton recommended reestablishing a Records Retention Committee. Selectman Salomon asked if this was to have a committee appointed in the future. Chair Creighton stated yes. Town Administrator Fournier stated that there was also interest in appointing an Agricultural Advisory Committee. Selectman Coutu asked if the Records Retention Committee has every existed in the past. Chair Creighton stated that it had, but went inactive.
Motion by Selectman Salomon to establish a Records Retention Committee. Seconded by Selectman Coutu. Motion carries 3-0.

Motion by Selectman Salomon to appoint Town Administrator Fournier as the Board of Selectmen Representative to the Conservation Commission. Seconded by Chair Creighton. Motion carries 3-0.
Cable Television Committee Representative
Motion by Selectman Salomon to appoint Chair Creighton as the Board of Selectmen Representative to the Cable Television Committee. Seconded by Selectman Coutu. Motion carries 3-0.

2.2.    Conservation Commission and Zoning Board of Adjustment  Reappointments
Chair Creighton asked if the positions were advertised. Town Administrator Fournier stated no. He is recommending that the Board of Selectmen advertise and act on individuals at the April 14, 2008 meeting. Selectman Coutu asked if the individuals would send in letter of introduction with the letter of interest so the Board can be aware of the qualifications of the interested parties. Selectman Salomon stated that the Board traditionally reviews the recommendation of the Chair of the various committees. Selectman Salomon asked the Town Administrator if the current members continue to serve. Town Administrator Fournier stated that they do.

Town Administrator Fournier explained that since the ZBA members will be elected starting March 2009, the individuals that are being appointed are being appointed for a term of one year until the next municipal election in March. At that time the position would be up for election for the remainder of the term.

Motion by Selectman Salomon to postpone the Conservation Commission and Zoning Board of Adjustment Appointments until April 14, 2008. Seconded by Chair Creighton. Motion passes 3-0.

2.3.    Acceptance of Property at Map 17 Lot 41-3 for Conservation Land
Mr. Ganotis, Chair of the Conservation Commission, asked the Board of Selectmen to accept a parcel of land for Conservation purposes. He stated that the land in question is located on Town Tax Map 17 Lot 41-3. It is the parcel of land immediately north of the Acura dealership. It has very important wildlife habitats on the property. Mr. Dupont has offered the land to the Town at no cost for conservation purposes. Selectman Salomon asked if a title search was done. Michelle Peckham indicated that they are doing one. Selectman Coutu asked if the Town does research into environmental impact studies. Ms. Peckham indicated that they do not. Selectman Salomon stated that usually there is a level one impact study done with a commercial transaction. Mr. Ganotis stated that an Environmental Impact Study is overkill. Selectman Salomon stated that since it is next door to commercial uses including automobile and farming that there is a possibility of environmental contamination. Chair Creighton asked if the EPA would do the study. Selectman Salomon said no, private engineers do the study. Selectman Salomon stated that any costs would come from the General Fund. Bob Fields stated that he felt that a Level 1 study would not indicate if there is an environmental issue on the property.
Motion by Selectman Salomon to accept the donation subject to the Conservation Easement approval, clear title, a recorded survey, and a satisfactory level 1 environmental study. Seconded by Selectman Coutu. Motion passes 3-0.
2.4.    Authorization of Wetlands Restoration Program Assistance
Mr. Ganotis, Chair of the Conservation Commission, stated that in January of 2008, the Conservation Commission filed an application for a grant for the Little River Salt Marsh Restoration and has been informed that it has been approved. Mr. Ganotis is asking for approval to submit an application to National Resources Conservation Services to do the implementation of the grant.
Motion by Selectman Coutu to submit the application. Seconded by Selectman Salomon. Motion carries 3-0.
2.5.    Board of Cemetery Trustees
Town Administrator Fournier stated that he was reviewing our Trustees of the Trust Funds and Cemeteries with the Attorney Generals Office. In his past experience, the Board of Trustees of the Trust Funds and the Board of Cemetery Trustees has always been separate boards with different members. The Attorney’s Generals office indicated that there is not a conflict of interest of having individuals serving on both Boards. However, the Boards must be elected separately. Currently, and as far back as 1970s, the Town has voted each year for a Trustee of the Trust Funds and Cemeteries. He stated that the Town can no longer do this. Starting with the March 2009 Town Meeting, the Trustees will have to run for each office separately. From talking with Ms. Knowles from the Attorney General’s Office recommends that after Town Meeting, the Board of Selectmen has one of the boards declared vacant and the Board of Selectmen reappoint the until the next Municipal Election at which time they will have to file for both offices.
Motion by Selectman Salomon that the Board of Cemetery Trustees is vacant due to no one being elected separately. Seconded by Selectman Coutu. Motion passes 3-0.
Motion by Selectman Salomon to appoint the following individuals to serve as Cemetery Trustees until the next Municipal Election: Richard Bettcher, Margaret Brown, George Chauncey. Seconded by Selectman Coutu. Motion passes 3-0
2.6.    Veteran’s Tax Credit – Fraser Map 11 Lot6-28
Motion by Selectman Salomon to approve the application. Seconded by Selectman Coutu. Motion carries 3-0.
2.7.    Supplemental Tax Bill – Samara 4 Evergreen Drive - $6,077
Motion by Selectman Salomon to issue a supplemental tax bill. Seconded by Selectman Coutu. Motion carries 3-0.
2.8.    Abatement – Oberlander Trust - $131.56
Motion by Selectman Salomon to grant the abatement. Seconded by Selectman Coutu. Motion carries 3-0.
2.9.    Current Use Change Tax
Town Administrator Fournier stated that there is a land use change form for a parcel of land that the Town has in current use. Since it is Town land there is no tax.
Motion by Selectman Salomon to remove the parcel from Current use. Seconded by Selectman Coutu Motion carries 3-0.
2.10.   Supplemental Tax Bill – Edgerly Trust - $4,464
Motion by Selectman Coutu to issue a supplemental tax bill. Seconded by Selectman Salomon. Motion carries 3-0.
2.11.   Elderly Exemption – Zoulamis
Town Administrator Fournier stated that due to an assessing error, the individual’s Elderly Exemption was removed. The assessors are requesting that it be restored. Selectman Coutu asked how far back an abatement can be given. Town Administrator Fournier indicated that he believed that he thinks it is two years. Chair Creighton asked why it happened. Town Administrator Fournier stated it was an error.
Motion by Selectman Salomon to approve the elderly exemption. Seconded by Selectman Coutu. Motion carries 3-0.
2.12.   Abatement – Zoulamis - $3,364
Motion by Selectman Coutu to grant the abatement. Seconded by Selectman Salomon. Motion carries 3-0.
Town Administrator Fournier stated that he would get the amount for the other years.
2.13.   2008 Board of Selectmen Goals
Chair Creighton stated that she was reviewing prior year goals and noted that they were looking at different categories and things were not completed because of the resignation of the Town Administrator. She is asking that the Board of Selectmen review the list of previous years’ goals and add new goals for the coming year. She indicated that she would start the draft. Selectman Salomon stated that he agrees, but feels that it may violate the right to know law. Town Administrator Fournier stated that it could be a violation if any decisions are being made. Chair Creighton stated that the Local Government Center said that any drafts are exempt from the law. Town Administrator Fournier stated that votes cannot be made in email, and he recommended that each member come up with their own goals and have the Town Administrator compile the list.
2.14.   Departmental Goals
Chair Creighton stated that she thought that the Board of Selectmen should get a sense of the goals of the departments. Town Administrator Fournier concurred and would solicit the goals of the departments. Selectman Coutu felt that there are two types of goals, individual goals that are tied to performance, and planning goals. He asked if these are planning goals. Town Administrator Fournier stated that they are, and performance goals are established by the Town Administrator. Selectman Coutu asked to conduct workshops with the Department heads for budgeting process and planning. Selectman Salomon stated that he thinks there should be a form to work from for the process.
2.15.   Financial Management Functions Analysis
Chair Creighton stated that she made this general in order to encompass many different areas. Selectman Coutu stated that one of the main reasons why he ran for office was to work on the financial area of the Town. He would recommend that an audit of the accounting functions be done. In addition, a review of the accounting software be done as well, so we can see if the software is doing what we need. Thirdly, meet with the Town Auditors to look at areas that we need to address. The audit would also look at staffing and staff skills. He would then write a proposal to the Board of Selectmen for their approval. Selectman Salomon feels that what Selectman Coutu is proposing is valuable, but wants to make sure that the Board is not interfering with the day to day operations of the office and that the chain of command with the Town Administrator is followed. Selectman Coutu stated that he feels that he is not doing this as a member of the Board of Selectmen, but as an unpaid consultant. Chair Creighton felt that this is an opportunity to look at our accounting functions and making sure we are efficient. She indicated that she wants to make sure that management has policies and controls in place so the employees can do their jobs. The burden of the problems lies with the Board, not the employees. Town Administrator Fournier stated that he feels that we should meet with the auditors first. Chair Creighton stated auditors only do spot checks, and that Selectman Coutu is proposing to assess all of the areas of operations. Selectman Coutu stated that there needs to be knowledge that this is not an HR audit, but an operational audit and the staff needs to know this. Selectman Coutu feels that with the size of our budget that we need to have more than a part-time finance staff. Selectman Coutu indicated that he will work on a scope of the project and will bring it forward at a future meeting.
Motion by Selectman Salomon to authorize Selectman Coutu to author a scope. Seconded by Chair Creighton. Motion carries 3-0.
Selectman Coutu wants to make sure our cash flow is being studied and make sure that we are receiving the best return on our investments.
2.16.   New Budget Protocols
Selectman Coutu handed out a memorandum on the budget protocols. He stated that the current budget reports as produced by the current software package are lacking important comparative information. He feels that the fundamental problem is that it makes the assumption that the current budget is an acceptable budget. He thinks that a few ways to solve this would be to provide the Municipal Budget Committee with more prior year information and to examine switching to a May Town Meeting schedule. He proposed a new report with more information with three prior years of budget statistics, as well as rolling figures with the current year budget. He would also like to have workshops with Departments to have budgets written with expenses in mind instead of a budget to budget protocol. Selectman Salomon reviewed the material and liked the idea of the rolling twelve month reporting. Town Administrator Fournier felt that most departments budget with previous year’s expenses in mind. He indicated that the accounting software does have some deficiencies and he switched the budget to an Excel format already. He indicated that he would work on providing three years details.
Selectman Coutu stated that the final piece is the fact that the Town does not look at the revenue side when budgeting. He feels that we need to have a revenue and expense budget, not just an expense budget. We need to make sure that our revenues attempt to cover our budget. Town Administrator Fournier agrees with this and will do so for the FY2008-2009 budget process.
Motion by Selectman Coutu to adopt the policies outlined in the memorandum and adopting a revenue budget. Seconded by Selectman Salomon. Motion carries.
2.17.   NH Public Deposit Investment Pool & Town Investment Policy
Penny Holbert, the Town Treasurer stated that she asked the NH Public Deposit Investment Pool to come in to explain to the Board of Selectmen that the funds in the New Hampshrie Public Deposit Investment Pool are secure and have a representative from New Hampshrie Public Deposit Investment Pool to answer any question. Joann Klastskin, the regional director of the New Hampshrie Public Deposit Investment Pool is present. Ms. Klatskin outlined the operations of the New Hampshrie Public Deposit Investment Pool and its statutory authority. Selectman Coutu stated that after reviewing the corporate structure of MBIA, which is the asset manager of the New Hampshrie Public Deposit Investment Pool, he feels the solvency of MBIA is not an issue with regards to the Town’s funds. Ms. Klatskin stated that in the twenty years that New Hampshrie Public Deposit Investment Pool has in MBIA as their asset manager they have not had any losses. Selectman Coutu informed the Board that the portfolio does have some corporate paper and does have some risk, and if the Town went out to invest, it could not invest in this area. However, the New Hampshrie Public Deposit Investment Pool can. Selectman Coutu stated that the Town needs to examine the Town’s investment policy and at the same time should review the investment policies of the New Hampshrie Public Deposit Investment Pool. He feels that the Board of Selectmen should be aware of the investment policies of the New Hampshrie Public Deposit Investment Pool, and approve this in its investment policy, to make sure that the Town’s money is making the best returns on its investments. Chair Creighton feels that it is important that the Board of Selectmen reviews what the New Hampshrie Public Deposit Investment Pool invests in. She feels that the Board of Selectmen needs to review the investment policy more thoroughly. Selectman Coutu asked for a copy of the portfolio and Selectman Salomon asked for a copy of the agreement. Selectman Coutu and Selectman Salomon stated that they would come back with comments on documents.
2.18.   Town Investment Policy

3.      Report of the Town Administrator
A written copy of the Town Administrator’s report to the Board of Selectmen was given to the Board of Selectmen.
4.      Approval of Minutes of Previous Meetings
4.1.    Regular Meeting – February 25, 2008 - Tabled
4.2.    Regular Meeting  - March 10, 2008 - Tabled
5.      Non-Public Session
Motion by Selectman Salomon to enter into Non-Public session under RSA 91-A:3 II (a, b, c).Seconded by Selectman Coutu. Roll call: Chair Creighton - Aye; Selectman Salomon – Aye; Selectman Coutu – Aye.
The Board of Selectmen left non-public session at 11:35PM.
Motion by Selectman Salomon to seal the minutes. Seconded by Selectman Coutu. Motion carries 3-0.
6.      Adjournment
Motion by Selectman Salomon to adjourn. Seconded by Selectman Coutu. Motion carries 3-0.
Meeting adjourned at 11:37PM.

Respectfully Submitted,

Stephen R. Fournier
Town Administrator