TOWN OF BRADFORD
SELECTMEN’S MEETING
DECEMBER 21, 2010
5:30PM
The Pledge of Allegiance was said.
Call to Order and Roll Call:
Peter Fenton, Chair called the meeting to order with Harry Wright, Jack Meaney, Cheryl Behr, Administrator, Marilyn Gordon, Treasurer and Marge Cilley, Secretary present.
Appearances:
Representatives from the First Baptist Church, Cheryl McDonald and Bob Richard to discuss the clock maintenance and the Church parking lot – request A-9 or A-12 Cheryl Behr, Administrator advised they understand the Town owns the clock and are responsible to maintain it, but we do not have access to the Church. Cheryl Behr, Administrator acknowledged a letter from Brian Wilcox with directions for the clock by the clock winder, direction for the semi annual maintenance of the clock as well as a maintenance log form to be used. George Cilley, a member of the First Baptist Church presented a contract letter from Lionel A. Hebert, who does maintenance on the Newport town clock, Sunapee, Sutton and several other town clocks. Mr. Hebert would do an annual maintenance on the clock for one hundred and fifty dollars a year beginning in September of 2011 and done when it is warm outside. George advised the clock has never had a maintenance schedule, log, or who wound it over the years. George also stated that Brian Wilcox, a member of a clock club, although is not involved with the Church has set up the criteria for what should be done in the future. At this time, Cheryl Behr, Administrator read the following contract from Lionel A. Herbert.
“This is a contract for the annual check up and oiling of the church tower clock. The annual fee is $150.00 in the month of September while the weather is still warm. This contract will stop when I am unable to do it or if you are so inclined as to not want me to do it. This contract will start in the year 2011 and run as long as you like.” George also advised the key is available from the Church at least three days a week. The stairs and hatch leading up to the clock were discussed. as well as the method of paying the winder.
The Church parking lot was discussed, and Peter Fenton, Chair advised the town is responsible for the maintenance of the parking lot, but not for improving it. The town does plow, sand and has in the past done some patching. It was also stated that if the town did tear up the existing asphalt then they would probably leave it like the Town Hall parking lot is now.
Cheryl Behr, Administrator advised the Church does need to provide the town with some paperwork regarding A-9 or A-12 depending upon the status for non profit Church.
Planning Board:
Marcia Keller, Phil LaMoreaux and John Greenwood, members of the Planning Board appeared before the Selectmen. Marcia Keller, Chair advised there two issues, neither of them are still under the auspices of the Planning Board. One is a 195 acre parcel on County Road which the Planning Board has been made aware of. There is a deed which was written back in 1968 when the Wilkerson family first acquired it, describing three tracts of land. The owner now deceased and is now in a family trust and starting last summer, the successor trustees had deeded out individual tracts they have written and recorded. A letter was written by the Planning Board to Mr. Wilkerson, trustee and advised him there had been no such division, and he should come in to see the Planning Board. Mr. Wilkerson returned a letter to the Planning Board (letter on file) and stated they do not need to come in. Some time during the summer, Mr. Wilkerson had talked to the town Assessor, and he stated on the advice of the town Assessor the trust granted separate tracts. Marcia stated she had talked with the Attorney at LGC who advised that a tract is not a lot. Mr. Wilkerson forwarded a copy of the new State Law that stated the town cannot arbitrarily merge lots. These lots were never subdivided, they have never been merged, it is one tract of land. The trustee has deeded 68 acres to one of the other heirs and is actively marketing the balance of the acreage. It was stated that test pits are being done on the property and someone is looking favorably at the lot. Mr. Wilkerson’s letter stated that the larger parcel remains on the market and will go under contract shortly. Marcia Keller, Planning Board Chair stated that it is hoped this can be clarified quickly. The Assessor gave him bad judgment. If this parcel was sold without borrowing funds from a bank, they could buy this without realizing they do not have a legal lot. Peter Fenton, Chair questioned if this parcel was sold and a bank does not pick it up, what happens. Phil LaMoreaux advised they would get just one tax bill they would have to share. The attorney at the LGC stated that it is the responsibility of the Selectmen to be sure the tax map is not changed. The Planning Board has no sub-division application for the Selectmen to give to the Assessor.
It was suggested by Phil LaMoreaux that perhaps the best way to handle this situation would be for the Selectmen to contact the Town Attorney to inquire about the best way to proceed with this, and forward a letter directly to the property owner. John Greenwood suggested that all interested parties involved regarding the parcel with Tax Map 9, Lot 47 including the Real Estate Agent should be notified. Also, Phil LaMoreaux interjected the Assessor should be notified. The Selectmen were in agreement with the suggested notifications. Peter Fenton, Chair advised the Selectmen would look into this.
Marcia Keller, Chair Planning Board brought up the concern of the property of Naomi Paine on Craig Road, which involves the Conservation Commission rather than the Planning Board, but did come before the Planning Board. Marcia stated her concern is the longer that something like this continues without being resolved, the more damage could be done. Apparently the Road Agent took away the temporary status of the driveway and made it permanent. There has apparently been a two mile road put in and it is understood it involved alteration of terrain, wetlands crossing, and the town has no idea as they cannot go on site to observe. Phil LaMoreaux advised on the town level, if there were wetlands or wetland buffers that were impacted, they should have at least filed for conditional use permits, which they would receive through the Planning Board, which they did not. Ann also advised they are certainly triggering to the alteration of terrain permit, as there is 1000 acres of terrain being altered. Peter Fenton, Chair questioned Ann Eldridge, Conservation Commission if the road they are concerned with regarding wetlands is in Bradford to which Ann replied yes. Jack Meaney advised the house that is being built is in the town of Hillsborough. Jack also stated that the original contractor that put that road in was given a temporary permit at one time to gain access as they could not gain access from the Hillsborough side. Since that time, that contractor has been fired because they put some culverts in and had not notified anybody. The present contractor, Mike Barrett has been in contact with DES and has been given an extension on their driveway permit, and that is only temporary until they can get the rest of the Hillsborough side open. It is understood that they are going to keep the driveway but keep it gated and not used as the regular driveway per Jack Meaney. The two present contractors, Mike Barrett and Eugene Edwards from Hillsborough are in contact with DES. Jack Meaney advised Ms. Paine does not want any issues with DES, and they are working on it to make corrections now. Marcia Keller, Chair suggested the Selectmen check with DES which they agreed to do and get back to Anne Eldridge. Ann Eldridge, Conservation Commission advised she will be going to a meeting this evening and will check to see if they do want to go out to the property, then will get back to the Selectmen.
Rich Branch, Rescue Squad:
Rich Branch advised he had a call today from the Billing Company and they want to talk with the Selectmen to establish some kind of criteria if someone calls the billing office and states that they cannot pay their bill. Right now, there is no criteria, and it is a medicare requirement. Currently, the billing company will send 6 invoices and if not paid, then write it off. They are looking for some more formal information. It was suggested that most hospitals will share information with the towns regarding payment.
Cheryl Behr, Administrator was asked if she would call the Billing Company for more details.
Budget/Henniker topic:
Rich advised they were to meet with Henniker Rescue Squad on the 15th of Dec., but Tom French, Chief had to cancel, and Rich has not heard back from them regarding another time. Rich did indicate that they know they are interested in making a deal with Bradford, but not the parameters pertaining to monetary or coverage. Right now, they are backing Bradford up and helping out. Rich responded to Peter Fenton, Chair stating that they have Tuesday and Wednesday covered. Peter Fenton, Chair reiterated that Bradford does need to know for budget time. Harry Wright advised it had been suggested to him that as the Ruling Body, the Selectmen should be having the conversation, Bradford Selectmen/Henniker Selectmen, but he thinks it best if the people who do the work are getting it sorted out first.
Safety Gear:
Rich Branch produced a jacket for the Selectmen to see and advised he has been putting off a request for safety gear for some time now. Also Rich handed out some information regarding outerwear. He stated he needs to replace helmets, jackets, pants and gloves. The cost for an outfit is just under $1,000.00. The total replacement cost he is asking for is $17,000.00 from Globe Mfg. Co., however this does include 3 extra sets. It was questioned how do you know what size to order in advance? Cheryl will check their budget for a balance. Peter Fenton, Chair requested another quote be obtained. The Selectmen unanimously agreed for the replacements less the three extra outfits until they know what is going to happen.
Susan McKevitt and Tom Wilkins regarding change in structure of the Community Center:
An open letter to the Board of Selectmen dated December 21, 2010 was presented to the Selectmen and read into the minutes by Susan McKevitt. (Please look at the end of the minutes for a copy of the letter) Beth Rodd brought up the utilization of the space is being worked on. Peter Fenton, Chair advised this was a unanimous decision of the Selectmen that the BACC could run with a part time director as it was run originally before it was joined with Parks and Rec. Ms. McKevitt questioned the Board as to their input in regard to keeping the Director’s position as full time until Town Meeting in March. Peter Fenton, Chair advised they did not believe they could budget for just three months. Susan McKevitt advised there will be a Warrant Article regarding this.
Cheryl Behr, Administrator read into the minutes a letter to the Bradford Board of Selectmen dated December 12, 2010 by Sandra Willard, in reply to a statement recorded in the minutes of the Nov. 23 Selectmen’s Meeting. (Please look at the end of the minutes for a copy of the letter). Susan McKevitt corrected the letter by stating she is not a member of the Governing Board, but is a concerned citizen. Jack Meaney addressed the comments by stating the Selectmen have made a decision and they should stay with the decision which was made the end of September. Jon Marden expressed the need for the Selectmen to substantiate what the responsibilities are at town meeting. Harry Wright advised the three months leading up to town meeting will be time to see how it works with a part time director. Marilyn Gordon, questioned what were the duties of the part time position before, and have they increased that much to which Peter Fenton, Chair advised he is not aware that they have increased at all.
Brooks McCandlish, ZBA was not present.
Ken Anderson, Transfer Station:
Ken referred to the Selectmen’s minutes where there was discussion about the Road Agent becoming a Public Works foreman. Ken advised he feels Jeff Remillard, Road Agent has about all he can handle, being in charge of snow removal, emergency etc. Ken also stated that he was supposed to supply me with help during vacation, and he could never do that. Ken advised he only needs one man who is certified that can cover when he is on vacation. Ken also advised he doesn’t see how the Highway crew can fit into his program, as he could not fit into theirs. Jack Meaney stated that they are going to combine both the Highway Dept. and Transfer Station under one agency, that being Public Works. Ken questioned what is the advantage, what is wrong with how it is working now? Cheryl Behr, Administrator advised this would have to come before the vote of the town at town meeting. Ken said he knows of someone who is certified and can come anytime without interfering with our highway department. Peter Fenton, Chair stated that there are men certified in the highway department. Ken responded that is fine, but they couldn’t get away, every time, there has been an issue.
Marcia Keller questioned the Selectmen’s minutes of the 30th of November where Cheryl Behr, Administrator read regulations for Public Works and at the next scheduled meeting, December 7, 2010 it would be discussed further. Marcia advised there was no listing on the Agenda for Public Works discussion nor was it brought up. The next and only time it was discussed was December 14, 2010 when the Selectmen were working on the budget and it was stated that a Warrant Article was proposed for town meeting. Marcia’s question was, was this policy making done in a non-public meeting? Marcia Keller also stated that if this position is created, that the Selectmen will advertise it, including a carefully worded job description with who answers to whom etc. Marcia also stated that input could have been included with the transfer station people, the recycling committee as they all have a stake into whether this operation which has been effective and run well for many years continues to be so. Harry Wright advised there is not much in the way of policy and procedure and how things are handled and someday this does need to be put together. Jon Marden stated that a new manager would do their own method of managing and policy and procedures are important, and they do need to start somewhere. These cannot be masked by putting an umbrella over them with a new director, as this does not solve the problem of consistency and continuity. Marcia Keller stated that Harry Wright’s comments would be what she would have expected to find from a discussion from one of the Selectmen’s meeting, the rational and reason why they are looking at it, and did not see that. Cheryl Behr, Administrator advised they could have two options, 1 to pay someone to transcribe the minutes verbatim for $600.00 a month, which has been checked into. Cheryl also said that nothing is done in secret. No one is trying to undermine anything, Ken has cut back his hours and Lois is part time. They are trying to set policy in place now for a time when it is needed there will be a path to follow. Peter Fenton, Chair told Ken that this decision has no reflection on the job he’s done up there.
Christian Bond, NFI:
Christian Bond came before the Selectmen to make a quick clarification to them that the windows on the porch of the NFI building were not broken by students, but they are renovating that area of the building. Since they are closing in a porch, a Building Permit is required.
Jon Marden has a public interest question. When the Selectmen go into non-public session, and the minutes reflect no decision made, when are decisions made? Also, when a decision is made, when is that publicized? Cheryl Behr, Administrator advised that it really depends upon the situation whether it is an ongoing personnel situation, grievances etc. which would be filed, and the public would not get a decision. Peter Fenton, Chair advised they will try to make some kind of statement of non-public meetings, whether the minutes are sealed or was a personnel concern.
Police Chief has a surplus in their budget, and is requesting approval from the Selectmen to purchase some night vision goggles for $2,500.00.
Accounts payable manifest and payroll manifest were reviewed and signed.
Final budget issues discussed.
Equalization confirmation was signed.
Letter to the Lumber Barn regarding their sign.
Cheryl Behr, Administrator read a letter from Richter’s, Old Warner Road regarding ditching in front of their house. Cheryl will contact Jeff Remillard, Road Agent regarding this.
Pre-school proposals being accepted by the Town of Bradford for space at the Community Center are ready to go out, with additional space available in the lower level of the Center. Selectmen unanimously approved.
Other non capital reserve warrant articles for consideration discussed were Sidewalks, PlanNH, Note for energy improvements, Highway Grader/backhoe lease/purchase, Specific Road repairs, Public works consolidation, Police Cruiser, etc.
Cheryl Behr, Administrator advised she has talked with town council and the Selectmen can sell town owned property without the vote of the town.
The Town Office will be closed on Friday, December 24, 2010 and Friday, December 31, 2010.
Meeting adjourned 8:00pm
Respectfully submitted
Marjorie R. Cilley
Secretary