TOWN OF BRADFORD
SELECTMEN’S MEETING
JANUARY 5, 2010
5:00PM
The Pledge of Allegiance was said.
Call to Order and Roll Call:
Charles Meany, Chair called the meeting to order with Peter Fenton, Jack Meaney, Cheryl Behr, Administrator, Marilyn Gordon, Treasurer, and Marge Cilley, Secretary present.
Sixty plus concerned Bradford residents were present at this evenings Selectmen’s Meeting, including three of the Bradford Police Dept.
Charles Meany, Chair advised the Selectmen would meet in Non Public Session per RSA 91:A-3:II briefly at 5:00pm.
Motion was made by Peter Fenton for two letters to be forwarded to employees. Seconded by Jack Meaney. Motion carried unanimously 3-0.
Out of non-public meeting at 5:05pm.
Regular Selectmen’s meeting resumed at 5:05pm.
Charles Meany, Chair advised this evenings meeting will be run with a maximum of decorum and anyone who is loud, using any obscene language and does not adhere to the rules of the meeting will be asked to leave and if they do not leave, will be escorted out by the policemen.
Appearances:
Dick Keller came before the Selectmen with Highway issues. Mr. Keller questioned if there was any decision regarding the Non-Public meeting to which Charles Meany, Chair responded yes, there are two employees that are no longer employees. Dick Keller said that is one of his questions, what is happening in the Highway Dept., we lost the Road Agent, and now you are saying two employees have been discharged. Charles Meany, Chair advised these are personnel issues, and he has no comment. There has been no interruption of service as far as the plowing of the roads, and there will be none per Charles Meany, Chair and the roads have been better sanded over the last storm then they have been for the last two years. Charles Meany, Chair advised he has received numerous telephone calls advising the roads are in better condition now then they have been in years. Dick Keller stated that there are many rumors going around regarding what is happening in the Highway Dept., and he was in hopes of having some explanations from the Selectmen. It was left up to the new Road Agent to handle the personnel issue and he was given the authority that if it was not working that he had the right to terminate the employees. They were given every opportunity to go along with the program, and they did not, resulting in termination, per personnel policy, according to Charles Meany, Chair. The terminated employees received their last pay checks yesterday, including their vacation pay for the year 2010, and will be carried on insurance for another month.
Another issue of concern by Dick Keller is the purchase of a skid steer. Cheryl Behr, Administrator advised a Selectman had attended a meeting at Local Government Center (LGC) who had made it clear the necessity to clear sidewalks. Also issues at the dump regarding recycling were brought up which require something like a skid steer, making the loading of trailers much better. The Selectmen have the authority under the Transfer Station Revolving Fund to purchase equipment for the Transfer Station. Cheryl Behr, Administrator also advised that money to pay back the Bond is being transferred. The issue with that is: at the end of the year, that excess appropriation, as we did not extend the money on the bond until late in the year. A loan modification agreement did not require the first payment until January 31st of this year. Consequently, the money that had been put aside for the bond payment in 2009 was excess appropriation. This was part of the block of money that was identified as potential surplus. The obligation for this is not due until 2010. Cheryl Behr, Administrator advised that the $200,000 was put into the new highway garage. Every year for the next seven years we will need to raise and appropriate $35,000 to make the bond payment. The first principal payment on the bond is payable in 2010.
Perry Teele advised that we will spend $35,000 each year for seven years, plus the $28,000 spent for the skid steer. Cheryl Behr, Administrator advised that the money for the skid steer could come out of any one of the budget items that had an excess at the end of the year. Perry Teele suggested there is no such thing as surplus. If the money raised is not spent on the things we tell the Selectmen to spend it on, it has no right to be spent. In response, Cheryl Behr, Administrator advised the Selectmen have the authority under the Budget Law to transfer between line items.
Gary Wall questioned if the Transfer Station Revolving Fund isn’t to be used strictly for the Transfer Station, and the town extends it out into other areas of the town, how do you address that? Cheryl Behr, Administrator advised the skid steer will be used at the Transfer Station for 8 months and 4 months for the Highway Dept. The money in the Transfer Station fund is $15,000.
Chris Frey suggested that money for the skid steer be taken out of other money rather than the bond and pay on the bond in 2009. To pre-pay the bond now, we would pay off the bond before Town Meeting in 2016, which would make a saving of $6,800 in interest over the term of the note.
Motion was made by Peter Fenton that he is in favor of Chris’ recommendation of pre-paying the bond payment now if they find it is legally possible. Seconded by Jack Meaney. Motion carried 3-0.
It was also explained, that this is no longer a construction loan, but a 7 year note by Cheryl Behr, Administrator. Chris Frey also advised there is no penalty for pre-payment.
Perry Teele questioned if the skid steer was put out for bid. Cheryl Behr, Administrator advised no bids were put out, but several places were called for comparisons. Jack Meaney advised that the most viable equipment for the condition of the sidewalks was chosen, for stability and versatility. The skid steer from Caterpillar was off their rental fleet, with a warranty, and the best price.
Andrew Pinard advised he had been in conversation with Department of Revenue Administration (DRA) who expressed a concern that this was not tied to a specific appropriation, and according to the Municipal Budget Law, without specific appropriation by the town, the Selectmen do not have the authority to expend funds. The exception to the rule is the transferring from the governing body of the amount from an unexpended balance in some other appropriation to a purpose that is already in the budget. Andrew questioned if this was an emergency that necessitated spending 1.55% of the overall 2009 operating budget, less the Warrant Article appropriation?
Also questioned was: is there a specific reason why this had to be done now without an appropriation by the town’s people? We do have other equipment that could be used to clear the sidewalks and has been done in the past.
Charles Meany, Chair advised that part of the rational used was the court case in Tilton which mandated that if there are sidewalks, then you have to plow them. This is an attempt to give the citizens what they want to have as far as the down town is being done. The reasoning as far as purchasing the piece of equipment besides the multi uses that it has is that we are in compliance with the law to keep the sidewalks clear.
Mention was made that the fence along the fire pond has been broken and a piece of it has fallen into the water.
Andrew Pinard mentioned a letter the School Board had received from the Selectmen informing them that salaries were being kept at zero growth with the exception of insurance in light of the economy, and concern that the school board make every effort to minimize any budget increases what-so-ever. This purchase is not in character of the letter received.
Brewster Caswell questioned the research of the skid steer? Charles Meany advised the Road Agent, Jeff Remillard and Jack Meaney did the research
Dick Keller questioned the process of the Selectmen approving the skid steer, and it was stated that it was at a public meeting. It was stated that it was not in the minutes. ( This is referenced in the December 1, 2009 minutes, page 3, 6th line down).
Bindy Glennie questioned where Charles Meany works and resides. Mr. Meany advised he works in the Town of Weare, and resides in the town of Bradford.
An unidentified woman advised the plowing is not as good as it has been previously.
An unidentified man advised that in years past there has never been any problem with plowing, and his road was done by 6:00am. Now it is 10:00am before the roads are plowed. Charles Meany, Chair advised this will be passed on to the Road Agent.
Mr. McCormack advised the previous Road Agent and employees had done a great job, and questioned if the termination was because of a personal thing, or did they not do their job. Charles Meany, Chair advised this was not personal and he cannot comment further.
Gary Wall questioned if the new Road Agent has the authority to fire, does he have the authority to hire to which he as advised no. The Selectmen had given the Road Agent the authority for this one instance only after they were well satisfied that it needed to be done.
Steve Lucier questioned the Selectmen if the job description was going to be changed to allow other friends to work in town? Peter Fenton advised the published “Ad” for the Road Agent position stated from Bradford or surrounding towns. Charles Meany, Chair advised Steve Lucier that what the Selectmen will do is whatever they feel is in the best interest of the town, by hiring the best employee for the position. Steve Lucier pointed out that where the new Road Agent lives is closer to Manchester where the last ice storm temperature there was 32 degrees and being colder here, his road was not sanded until afternoon time. How do you justify this with the temperature variation living so far away in Weare?
Brewster Caswell suggested that if the Selectmen are into firing help for insubordination or whatever, they should have all kinds of complaints from residents, and he is unaware that this has happened. Brewster also inquired as to how the rail got smashed by the bridge on Jones Road during the last storm. The Selectmen advised the Road Agent had been pushed off the road at that spot, and had reported it at that night.
Brewster stated that we do not seem to be getting better in this town with municipalities. There seems to be cliques going on in the running of the municipalities, and the town people are like sheep. He also advised that two storms ago with 6 1/2 inches of snow, his road was plowed at 3:30 in the afternoon.
Charles Meany advised the Selectmen have been working on problems within the road crew for some time now, and hopefully the problem is solved now.
Andrew Pinard questioned if the firing was done by the book? He is referencing the Personnel Manual from 2006.
1. Discipline action taken by the following order: Verbal warning, (yes) Written warning, (yes) Suspension without pay, (not done) Discharge, (yes) One step had been skipped.
Andrew also read from the manual: The Department Head with the approval of the Board of Selectmen, may lay off a regular employee because of material change in duties or organization or shortage of work or funds. The Department Head must notify the Board of Selectmen of the intended action at least five working days before the effective date and provide a statement whether or not the employee’s performance was satisfactory. Question is, was the Selectmen notified 5 days prior to the firing? Discussion ensued regarding whether this pertains to lay off, or discharge. Charles Meany, Chair advised each of the steps were taken up with consultation with the Town Attorney. Andrew Pinard also stated that if you are giving permission to a department head, to discharge an employee, that is a variation or change in the personnel policy whether it is temporary or permanent. Such a notification therefore does not follow along with the Statute related to non-public information. A change in policy should have been noticed and mentioned in the minutes, stating that a decision was made by the Board of Selectmen to approve the road agent to discharge employees within a reasonable time frame. Was that done questioned Pinard?
Charles Meany, Chair advised that was done in a non-public meeting, and the minutes were sealed. Pinard advised that a decision affecting a policy was sealed in minutes and that decision was never communicated.
Ann Lucier questioned if there is a disclaimer on the personnel manual stating that you do not have to follow it if you so choose? Cheryl Behr, Administrator advised there is a disclaimer stating the Selectmen may make changes with individuals. Andrew Pinard suggested updating the Personnel Manual to indicate specific language.
Audrey Sylvester advised she was told the two employees that were fired were called up on New Year’s Eve and told they were fired. She allowed she has a problem with behaving this way in a small town, where is the humanity here? Charles Meany, Chair suggested that the Road Agent could have been so frustrated he was pushed to the point of doing something like this. Audrey suggested he is the adult with the power and charge. Charles Meany advised these two employees were given letters yesterday along with their pay checks and they will be receiving letters that were signed tonight confirming their termination.
Bindy Glennie allowed that at last years Town Meeting someone had commended Steve Lucier for doing a good job to which he received a big round of applause. Somehow, after we have a new Selectmen, this Road Agent gets fired. Bindy questioned the new Road Agent coming from Weare, 26 miles away, and where does Charles Meany work, and Jack, where did you serve? The connection is questionable. Charles Meany, Chair stated that they could end up in court over this.
Debbie Master questioned what superior qualifications did the new road agent have over others that applied and live locally? Peter Fenton advised there were seven applications, 1 from Derry, 1 from Claremont, 2 from Bradford, 1 withdrew, 1 from Weare, 1 from New Boston. None of the existing employees applied for the job. Jeff Remillard had more experience on paper which is all they had to evaluate.
An unidentified gentleman advised Fairgrounds Road was cleared off today. Yesterday was a safety hazard.
Another gentleman advised he has the highest regard for our ex-Road Agent who did a wonderful job, for which there was a round of applause. He allowed he was very sad to hear of his discharge and things that followed after that. He also stated that he knows Jeff Remillard, the new Road Agent, his qualifications and ability, coming to the town very qualified and very gifted.
Chris Frey commented that the sidewalks should be plowed and sanded on regular time, not overtime. Chris also read from the Local Government Center (LGC) magazine which refers to the sidewalk decision in Tilton, adding that the decision does not affect other towns, so we are not obliged to plow anyway.
Ann Lucier commented on more gossip and Jack Meaney advised he had never talked with Jeff Remillard regarding the vacancy in the Road Agent position.
Andrew Pinard questioned the Selectmen if they had reviewed the Ordinances from 1988-1989 regarding snow removal? Charles Meany, Chair advised they reviewed the entire policy and renewed it and upgraded it months ago.
Question was asked if the Selectmen had approached Ken Anderson, Manager of the dump to see if he would like this piece of equipment to use there, and the answer was No.
Perry Teele advised many people are here tonight for what appears to be basic disregard of the town meeting process. We do not need this skid steer today. We could have gotten it in March. The process in this town is to put an article in at town meeting, and let the town people, voters and tax payers to vote yea or nay. This was taken away by the Selectmen, using quasi legal methods. Taking money out of the town shed payment should be illegal. This does have to be paid back, and it is wrong. Whether you can do it legally or not is one thing, but whether you should do it is the real thing. You people are working for us, just like our Washington Government is working for us. It is time, and we will take it back, as all of you will be gone, as you are not working for us. It is up to the voters to make the decision of whether we want a twenty eight ($28,000) thousand dollar skid steer or whether we want to do it with horses. Charles Meany, Chair questioned what would he like them to do to which Mr. Teele replied he would like to see the skid steer disappear. Start over and put it in a Warrant Article at Town Meeting, and not have the Selectmen purchase it two or three months prior to town meeting.
Jon Marden questioned why a snow blower was not purchased to use on the tractor at the dump which is only used two or three days a week. Charles Meany advised it was not considered. Why was the decision for the town highway crew to remove the snow from the sidewalks and not property owners be responsible was asked. It is a state law for clearing of public way. Charles Meany, Chair advised these decisions were not made lightly; they were given a lot of thought.
A gentleman from Johnson Hill questioned if sidewalks do not take precedence then how come a lot of gravel roads have not been sanded or snowdrifts have not been pushed back, yet the sidewalks are plowed and sanded? Charles Meany, Chair advised he does not know, but will make sure it does get done. Mr. Meany also advised the sidewalks are the last priority.
Andrew Pinard questioned if it takes two Selectmen to approve something? Can you confirm that the Select Board back in April appointed individual Selectmen responsibilities over select departments, and have those individuals actually taken action independently to either observe individual departments to work with department heads without actually having meetings where two selectmen are present? Specifically, was Jack Meaney appointed supervisory capacity of the Highway Department, was Charles Meany appointed supervisory capacity of the Building Department, and is that accurately reflected in the minutes. Charles Meany, Chair advised there was a meeting shortly after Jack Meaney took office and responsibilities were divided up with Jack Meaney – Road Department and Planning Board, Charles Meany – Highway Committee and Building Department and Peter Fenton- Budget.
The Town Road Committee consists of: Chris Aiken, David Camarie, Sr., Mr. Messer, George Morse, Jack Meaney, Mike Carter, Trudy Willett.
Charles Meany, Chair advised the Selectmen will discuss the skid steer and it will be reviewed. If they decide to turn it back, it will be sold at a loss.
Peter Fenton advised that Jack Meaney is a liason between the Selectmen and Highway Dept., he cannot decide anything by himself, it has to be a majority vote. In reply to a question as to how to get in touch with any of the Selectmen, Cheryl Behr, Administrator advised they can call the town office, and either she or Trudy will get in touch with the Selectmen. Also, they do meet every two weeks from 5:00pm till around at least 7:00pm
George Cilley interjected that two weeks ago on a Sunday morning, the Church/Library parking lot as well as the Town Hall parking lot was not sanded, and the Town residents do use them. Perhaps the new Road Crew needs to be made aware of this.
Ann Lucier questioned if the Highway Department can spend $500.00 with two Selectmen approving? Cheryl Behr, Administrator advised all three Selectmen signed a letter making the condition that all purchases will be run through all three of the Board of Selectmen, which was signed in a non-public session. Ann advised this is not the question, but can any one selectman change the rules in the middle of the game? She was answered that this is correct. The Right to Know Law was also brought up by Ann Lucier and Charles Meany, Chair advised he will check with Jeff Remillard, Road Agent.
Andrew Pinard allowed he has been receiving minutes from the Selectmen’s meetings to put on the Town Web Site. Suddenly he has not been receiving un-approved minutes, and questioned why. Charles Meany, Chair advised he did not recall restricting the unapproved minutes from going on the Web, however, Cheryl Behr, Administrator advised the Secretary was instructed to not forward minutes anywhere outside of the book kept in the Town Hall until they were approved.
Motion was made by Peter Fenton to request the Secretary to forward all minutes to Andrew Pinard to be put on the Town of Bradford Web Site as well as to Marcia Keller to be put in the Bridge as soon as they are typed. Motion seconded by Jack Meaney. Motion carried 3-0. (Also at a previous meeting, the Selectmen instructed the Secretary to forward minutes to the Intertown Record).
Discussion ensued regarding two road graders, one of which belonged to John Neville from Goffstown, at a cost of rental to the town for $2200.00. Bindy Glennie asked why two were needed, to which Charles Meany, Chair advised all the roads in town needed to be graded in a short period of time. Also the excavator at the gravel pit was questioned, and it belonged to the new Road Agent who donated the use of it and the town just paid for the fuel and trucking. All these funds came out of the highway budget.
Beth Rodd, Bradford Improvement Association (BIA) appeared before the Selectmen questioning how the response has been to the letters the Selectmen’s office was forwarding to Main Street properties. Cheryl Behr, Administrator advised the letters were signed this evening. Beth advised Laura Hallahan was unable to be present tonight. The BIA has requested to be on the agenda at the next Selectmen’s meeting, January 19, 2010. Charles Meany, Chair advised he and Trudy Willett are working on one particular piece of property and the town Attorney will be contacted for legal way to get this done with the least cost to the town. Town Meeting should authorize putting HB 86 Ordinance into effect was discussed.
Andrew Pinard reminded all the voters that on Saturday, January 9, 2010 at 9:00am there will be the annual meeting deliberative session of the school district at the high school.
Accounts payable and payroll manifest were reviewed and signed.
The Community Center Generator maintenance contract for 2010 was signed.
A letter addressed to Ken Anderson was signed regarding extending hours from 10:00am to 8:00am for the dump to be open.
Jack Meaney brought up the meeting to be held in Hillsboro on January 6, 2010 at 7:00pm at the old Court House behind the library regarding, Regional Impact on Naomi Payne’s property. The Secretary was requested to forward this information to the Planning Board members.
Snow machine storage was discussed. Discussion ensued regarding the Snowmobile Club.
Motion was made by Charles Meany, Chair for a letter be written to the Snowmobile Club stating that they will be allowed to leave the drag and the groomer if they want on town property but outside of the gate. Motion seconded by Peter Fenton. Carried 3-0.
Appointment for new part time police officer, Christopher Buker was signed.
Hazardous Waste Day Commitment letter was signed
Budget issues were discussed, and the Highway and Police Budgets are ready to pass on to the Budget Committee. Upcoming warrants and town reports were also discussed.
The next Road Committee meeting will be held on January 20, 2010.
Town Clerk, Sue Pehrson advised on line registrations are on hold, and we are on a list.
George Morse has resigned from the Budget Committee.
The two positions for road crew has been advertised.
Charles Meany, Chair advised letters and comments have been received in the town office complimenting the work that the new road agent has done, and even though there has been a lot of criticism by a group of people here this evening, we have had from the citizens at large, very positive comments about the work that he is doing.
Adjourn 7:45pm
Respectfully submitted,
Marjorie R. Cilley
Secretary