Town of Nottingham
Selectmen’s Meeting
August 2, 2010
6:30 PM, Chair Bock opened the meeting and asked all those present to stand for the Pledge of Allegiance.
Members Present: Peter Bock, Mary Bonser, Gary Anderson
Others: Charles Brown, Town Administrator; Traci Chauvey, Recording Secretary; Chris Mills; Gail Mills; Judy Doughty; John Terninko; Robert Sprague; Brian Stucker; Joan Carpenter; Mark Carpenter; Terry Bonser; Garry Anderson; Gail Powell; Charlene Andersen
ADMINISTRATIVE BUSINESS
Chair Bock inquired about department reports. Mr. Brown reported that Nottingham Police Chief, Gunnar Foss, has received a request for police coverage for a triathlon to be held at Pawtuckaway State Park next June. Chief Foss informed the caller they would need to contact the state. Mr. Brown explained this was an early heads up to the selectmen and noted that the town does not have the resources (police and fire/rescue personnel) to cover an event this large. The Building Inspector is on vacation; Gene Perreault is filling in. The fire department had a very busy weekend.
Chair Bock asked Mr. Brown for an update on the USA Springs bankruptcy case. Mr. Brown read a status report from Attorney Raymond of Upton & Hatfield. USA Springs filed a motion today requesting that all objections to the Plan and votes on the Plan be filed by September 10, 2010 and the confirmation hearing be scheduled for October 4, 2010. The Court has not approved the motion, but it is assumed that the dates will be acceptable to the Court. A brief history was provided, which reported USA Springs filed a Disclosure Statement and Proposed Reorganization Plan on May 24, 2010. Objections were made and USA Springs subsequently submitted a First Amended Plan and First Amended Disclosure Statement on July 23, 2010, which were heard on July 27th. The Town filed an additional
objection the morning of the hearing and in response to that and, also, concerns of the Court, USA Springs was ordered to file a proposed order amending the plan by July 30. USA Springs met the deadline filing an amended plan, amended disclosure statement, and a motion for approval of the plan. The report from Attorney Raymond then went on to discuss what steps are expected once the disclosure statement is approved. At Ms. Bonser's inquiry, Mr. Brown explained that the unsecured creditors had filed a complaint because they were facing a statute of limitations. If the plan is approved, the complaint will be null and void. Mr. Mills asked for a copy of Attorney Raymond’s report.
In regards to the question still pending at the attorney general’s office on the large groundwater withdrawal permit, Ms. Bonser informed all that she had received word that Attorney Mulholland is away as his wife delivered twins early. He will be returning shortly and a response will be forthcoming.
GENERAL BUSINESS
Chair Bock opened discussion on the personnel policies by reading a written statement. He noted that this issue has been open for six weeks, allowing time for input from all avenues including residents and attorneys. He hoped to close the issue tonight. He then read excerpts from the opinions received from LGC and Upton & Hatfield, both of which indicated arguments could be made to support either side of the issue in the translation of RSA 159:26. There are no case studies that support interpretation of this RSA. Upton & Hatfield recommended removing the blanket prohibition and adding wording that requires notification to the town administrator and the chief of police. Chair Bock made the following motion pending a second from another selectman:
Motion: Bock, to replace L. Weapons et al, under the STANDARDS OF CONDUCT section with: Possession of Weapons on Town Property, With the exception of duly appointed police officers, all other town employees must provide notification to the town administrator and the police chief, comply with all federal and state laws pertaining to firearms, and have signed and acknowledged having read the town personnel policies section dealing with weapons, thus accepting full responsibility for any action pertaining to the possession of a weapon on town property.
Chair Bock stated that he believes this wording recognized the employees’ second amendment rights, assures notification and informs the police of who is or is not carrying, and offers some level of assurance to residents that possession of weapons by employees has a procedure and a level of responsibility in place. He then asked Mr. Anderson and Ms. Bonser to provide their thoughts.
Mr. Anderson concurred that they have been around and around with this issue over the past six weeks providing time to investigate the issue further. He was seeking a professional opinion, which he had now received and reviewed. He reminded all that they are doing their best to watch over the town. He agrees with Chair Bock's recommendation of notification to the town administrator and/or chief of police. Mr. Anderson stated that he felt ready to finalize this issue.
Ms. Bonser read another excerpt from the opinion received from Upton & Hatfield. She remarked that any time a caveat is placed on a constitutional right, the right is diminished. She feels that notification to the selectmen, chief of police, or town administrator is an indication that these town officials will be keeping an eye on the employees carrying for signs of trouble; however, she noted, they are not psychiatrist and not qualified. She believes that the town would have a larger problem if they were to ban employees from carrying and an employee was subsequently hurt because they could not defend them self. She talked about the possibility of accidents happening in all areas, noting, specifically, the town vehicles that employees drive. Ms. Bonser suggested replacing part L. with, "Town employees who carry firearms while working must be in compliance with all state and federal laws pertaining to firearms carried."
Chair Bock thanked the others for their comments, restated his motion, and asked for a second.
Second: Anderson
Vote: Anderson and Bock voted in favor. Bonser voted opposed. Motion passed: 2-1
Note: There was a few minutes of commotion as some attendees began to leave. Ms. Powell raised point of order and questioned whether attendees would be allowed to speak. She and Chair Bock had a brief back and forth where Chair Bock stated this issue had been open for six weeks, people were, or should have been, aware of it as it was actual news, and public comment was no longer being taken and Ms. Powell expressed deep disappointment. Ms. Bonser left the selectmen's table during this time and stepped out of the room for approximately one minute. Also, during this time, someone inquired about attorneys' fees in relation to the opinions that had been sought. They were informed that LGC's opinion did not cost anything as the town is a member and that billing had not been received from
Upton and Hatfield. At a guess, Mr. Brown estimated ten hours at $170 per hour from Upton & Hatfield.
Chair Bock addressed the issue of the work study program through UNH. He informed all that his inquiries into this issue with current staff have been met with concerns, one of which is the value that will be received for the money spent. Currently, there is no computer station available for someone to use and staff have expressed concerns with having to take time to train someone who will only be there temporarily.
Note: Two issues are being discussed at this time; maintenance of the website (i.e., updating and determination of what will or will not go on the website) and personnel to maintain and update the website.
In regards to placing the personnel policies on line, Chair Bock did not believe the selectmen were inclined to go in that direction. Research of 24 towns in New Hampshire, including Candia, Chichester, Derry, Raymond, and Dover, showed only one town had put their personnel policies on their website. Ms. Mills did not agree with that. She had done her own research and stated she wanted to do a recount. Chair Bock offered to provide her with a copy of the listing he was reading from. He further noted that the personnel policies are not secret and are available, in the town office, if someone wanted to review them.
Going back to the work study issue, he stated that he did not intend to move forward with it at this time unless he received strong indication from the community that this is what they want. He noted that the cost of revamping the website is approximately $1K and he believes it to be adequate as it is. He also noted that the cost of a work study student would be approximately $1K-$2K, according to his calculations. Mr. Anderson concurred with the work space/available resource issue. There was a brief discussion around the computer which had been set up for the Trustees of the Trust Funds. Mr. Brown informed all that CNP is using that computer for their assessing updates and it will not be available as a work station until at least October. Ms. Bonser feels that their decision to not
move forward with the work study was the most practical decision at this time and suggested staffing be brought up during budget season. She feels that for the size of our town, we do well, while acknowledging that we can and will strive to do better.
Acknowledged by Chair Bock, Ms. Mills disagreed that the website is ok as is, and disagreed with not having the personnel policies on the website. She noted that the employees are paid by the residents and the residents have a right to know. She further indicated the website is for the residents, not the employees and voiced concern over the legality of not having the information on-line, questioning a violation of the right-to-know law.
There was more discussion on staffing and budgeting. There was discussion around the frequency of complaints regarding the website, which Mr. Brown reported was minimal with the biggest issue being navigation. Addressing Ms. Mills, he indicated that her issues are valid and being worked on, but staff has other responsibilities that take priority. There was discussion around possibly putting a warrant article on the ballot to cover the cost of updating and additional staff. Mr. Brown mentioned possibly looking for a multi-IT person to handle these responsibilities. There was discussion around using volunteers. Ms. Chauvey, speaking as a resident and an employee, feels that a volunteer is not the answer as there are several volunteer positions currently vacant, some of which have been
open for years; if residents want the website maintained on a regular basis, someone needs to take ownership.
The selectmen agreed to continue to continue to look for a solution to this issue, noting that budget season was coming and staffing would be discussed.
Acknowledged by Chair Bock, Ms. Andersen took the mic and suggested the selectmen have the attorney review the WORKPLACE VIOLENCE section, noting that it referenced firearms. The selectmen informed her they had already determined to remove the sentence she was referencing. She then inquired about how a property owner could keep weapons off their property citing a visit by the building inspector for a valid inspection (if the building inspector chose to carry a concealed weapon) as an example. Chair Bock informed her they would get clarification.
Acknowledged by Chair Bock, Mr. Terninko took the mic and returned the subject to USA Springs. He noted that USA Springs attorney had requested the bankruptcy hearing judge to have Nottingham grant all permits that have expired and was informed by the judge that that was not within his jurisdiction. Mr. Terninko believes that USA Springs' attorney will file with the Rockingham County Superior Court and questioned whether the town's attorney was checking on this. Mr. Terninko was informed that any parties must be notified; service is required. He asked if there is any way for residents to check. Ms. Bonser told him to call the clerk. Mr. Terninko has done that and was informed that the clerk required a written request and money. Ms. Mills told Mr. Terninko to call another resident as she
had gone through the same thing but had gotten around it. Chair Bock ended discussion.
Acknowledged by Chair Bock, Mr. Stucker took the mic. He inquired about any responses to the RFP the Cable Franchise Renewal Advisory Committee (CFRAC) had out for running cable on Steven's Hill Road. He was informed that the RFP only went out last Thursday.
The next CFRAC meeting is scheduled for August 11th at 7 PM in conference room #2. The public is welcome and encouraged to attend. Upon inquiry, Mr. Stucker stated that he did not know if the Comcast representative would be in attendance.
There was a brief discussion around estimated costs and proposed funding for the Stevens Hill Road issue. Mr. Stucker feels that Comcast's updated estimate of $125K is inflated. The committee is proposing that Comcast pick up the cost of running the co-axle and considering the use of the franchise fees, over a three year period, to cover the town's costs for installation.
Having no further business,
Motion: Bonser, second Anderson to adjourn the meeting.
Vote: All in favor. Motion passed 3-0.
Meeting adjourned at 7:34 PM.
Respectfully submitted,
Traci Chauvey
Recording Secretary
Approved as written at the August 16, 2010 meeting
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