Town of Atkinson
Board of Selectmen
Monday March 24, 2008
Open Meeting
Chairman P. Sullivan opened the Regular Meeting of the Atkinson Board of Selectmen at 6:20 PM on Monday, March 24, 2008, in the Atkinson Town Hall.
Members Present: Others Present:
P. Sullivan, Chairman L. Artus, Taxpayers for Fair Evaluations
F. Childs Committee
W. Friel R. Cavalear, Town Clerk
P. Consentino, Chief – APD
E. Stewart, Road Agent
Non-Public Session
Chairman P. Sullivan made the motion to go into Non-Public Session under RSA 91-A:3 II.(b) to interview a candidate for Interim Town Administrator. Second: F. Childs. Vote: 3/0/0.
Chairman P. Sullivan made the motion to recess the Regular Meeting of the Board of Selectmen until 7:30 PM. Second: W. Friel. Vote: 3/0/0.
At 7:30 PM Chairman P. Sullivan re-opened the Regular Meeting of the Board of Selectmen at the Town Hall.
Department Heads
Town Clerk:
Town Clerk R. Cavalear reported that she had spoken with K. Seaver, New Hampshire Clerks Association in charge of the Certification Program, concerning the State laws concerning a Deputy Town Clerk and was told that there were no RSA’s covering that position. W. Friel added that he had spoken with the NH Deputy Secretary of State and the Legal Department of the Local Government Center (LGC), and was told by both individuals that the only requirements for a Deputy Town Clerk were the same as those to hold elected office, i.e. to be a resident of the town; to be competent; and to be over 18 years old.
Town Clerk R. Cavalear then asked the Board for approval to hire a part-time Office Assistant to fill the position vacated by Deputy Town Clerk K. Pass. It was noted that this would be a 30-hour per week position, as determined in June 2007.
F. Childs made the motion to advertise for an Office Assistant for the Town Clerk’s Office, such position to be 30 hours per week. Second: W. Friel. Vote: 3/0/0.
Chairman P. Sullivan noted that the applications should be sent to the Selectmen’s Office, and assured Town Clerk R. Cavalear that she would be involved in the process.
Town Clerk R. Cavalear announced that a Rabies Clinic was to be held at the Atkinson Fire Station on Sunday, March 20, 2008, from 11 AM to 1 PM. She noted that she would be available there to register Atkinson residents’ dogs at $13.00 per animal.
Police Department:
Chairman P. Sullivan cautioned that the Chair would not tolerate any mention of names or gender in any effort to defend oneself, however he acknowledged that a citizen has the right to respond to statements made.
Chief P. Consentino stated that he wished to make a statement concerning remarks made at the March 10 Selectmen’s meeting about his activities as Police Chief.
From a letter to New Hampshire Police Chiefs from the Attorney General, Chief Consentino read an excerpt concerning interference by the appointing body in the operational and/or prosecutorial functions of the Police Department. The letter continued, the Attorney General would support the independence of the Police Chief, and referenced RSA 105:2-a Police Chiefs; Powers; Dismissal "…each Chief of Police…shall have the authority to direct and control all employees of his or her department in the normal course of duty and shall be responsible for the efficient and economical use of all department equipment.".
Chief P. Consentino then read a letter of appreciation from U.S. Postal Inspector M. Blanchard to Chief P. Consentino and the Atkinson Postmaster for alerting him to violations, noting that he is the only U.S. Postal Inspector for the State of New Hampshire. Inspector M. Blanchard added that placing non-postage-paid mail matter in or on a mail receptacle is against USPS regulations and violates Federal law.
Chairman P. Sullivan gave Chief P. Consentino a brochure concerning available grants.
Highway Department:
Road Agent E. Stewart asked if the Board has had the opportunity to review the Stantec contract to determine whether or not it is necessary to use Stantec’s engineering services for all Town engineering, or if it would be all right to use an outside engineer to develop a 10-year Road Maintenance Program. Chairman P. Sullivan said that the Board has not yet had the opportunity to discuss this matter, but would do so at the workshop on March 31, 2008. F. Childs noted that, although the Previous Board of Selectmen decided to no longer use Keach-Nordstrom Associates, Inc., the Highway Department continues to use their services.
Road Agent E. Stewart then asked if the Board has decided to order the replacement highway department truck from Grappone Ford, the prime vendor for the NH State bid, or if it wishes to run an ad soliciting bids. He noted that the Town’s police vehicles were purchased off of the State Bid List. Chairman P. Sullivan said he believed that the Town could save some money by seeking competitive pricing. W. Friel added that, in light of the passage of Article #2008-32, to dispose of capital items by public auction, the current Highway Department truck, a 2005 Ford F-450 ought to be advertised for sale.
Road Agent E. Stewart said he would have both bids placed as soon as possible as there is usually a 120-day assembly period for these trucks.
Chairman P. Sullivan asked if the NPDES PP Small MS4 General Permit Annual Report is finished. Road Agent said the report would be complete by April 7, noting that it was due May 1.
Resident Appointments
Taxpayers for Fair Evaluations
Member L. Artus asked the Selectmen if they were prepared to set a date for the mediation session requested by the Board of Tax and Land Appeals (BTLA) to attempt to resolve 2006 assessment issues.
Member L. Artus asked who was responsible for the late filing of the NPDES PP Small MS4 General Permit Annual Report in 2006 and 2007, and what action has been, or will be taken to prevent this from occurring again. In addition, he inquired about incomplete materials in the Selectmen’s files.
Member L. Artus asked why all of the Selectmen were not informed of Town Counsel’s advice concerning the removal of illegal signage during the weeks prior to the March 11 election, and if and when these signs will be returned.
Member L. Artus expressed the Committee’s concern regarding the membership of the Ethics Committee.
Member L. Artus asked when the Taxpayers for Fair Evaluations might expect an answer to these questions. Chairman P. Sullivan said he would take these issues under advisement and would have an answer by the next meeting, March 31, 2008. L. Artus asked if he may come before the Board again should his Committee be unhappy with the answers to his questions. Chairman P. Sullivan said that he would not accept another appointment to have a Committee member be put on the Selectmen’s Agenda if it were unhappy with the answers, however the Committee would have every right to schedule another appointment if it received no answer. Member L. Artus asked if Chairman P. Sullivan would like a copy of the Committee’s presentation for the record. Chairman P. Sullivan stated that the written presentation would not become a part of the record.
Old Business
Abatements:
Chairman P. Sullivan asked the other members of the Board to make a point of signing abatement documents in the folder of items to be signed.
Telephone System:
Chairman P. Sullivan asked that all members of the Board review the information available for BayRing, our current telephone system provider.
Interim Town Administrator:
Chairman Sullivan noted that the Board has interviewed one candidate to serve as Interim Town Administrator, and is in the process of scheduling additional interested candidates to come in.
Town Building Inspection:
Chairman P. Sullivan said he had hoped to schedule a "walk-through" of the Town’s buildings, however F. Childs and Maintenance Supervisor D. Weymouth had previous commitments. Chairman Sullivan said he would schedule the buildings’ review for another time, perhaps touring one building at a time around 5 PM.
Area Selectmen’s Meeting:
W. Friel reported that he attended the Area Selectmen’s Meeting on Wednesday, March 19 at the Hampstead Library. Some of the issues discussed were:
The New Hampshire Retirement Fund (NHRF) is facing serious shortfalls, partly because of the large number of teachers retiring before July 2008 to take advantage of a medical subsidy plan. The New Hampshire Municipal Association (NHMA) is hoping to have member towns contribute to NHMA’s legal defense fund so that the organization may continue to educate towns concerning the potential liability, as members of the retirement system, over the next thirty years to deal with the $2.7 billion shortfall.
There was a discussion concerning how each town deals with plowing emergency lanes on roads that are essentially private.
The most significant item was the issue of mosquito control. Attendees were asked to bring copies of their town’s mosquito control contracts to determine whether there would be an advantage to establish a group to negotiate a better rate.
W. Friel reported that the next meeting would be in Atkinson on June 17, 2008.
Animal Control Background Checks:
W. Friel asked about the status of the background checks for the Assistant Animal Control Officers. F. Childs spoke with Animal Control Officer (ACO) D. Murphy, who indicated that there was no requirement in the Personnel Handbook for a Criminal Records’ check. Chief P. Consentino said he could only perform Criminal Records’ checks on Police Department employees. All others would have to submit their own applications to the State Police. Chairman P. Sullivan noted that the previous Board of Selectmen asked that this be done for new Animal Control personnel. F. Childs said he would speak with ACO D. Murphy and let him know the Selectmen want to have this done.
Announcements
Poker Night:
F. Childs said that Family Mediation was sponsoring a Poker Night on Monday, March 31, 2008, from 3 PM until 12 Midnight, all proceeds to benefit Cpl John Lapham and his family.
Citizen-of-the-Year:
Atkinson Lion P. Consentino announced that Ms. Kathie Dayotis was selected by the Atkinson Lions’ Club to be the 2008 Citizen-of-the-Year. Awards’ ceremony and reception will be held on Sunday, April 20, from 1 PM to 3 PM at the Atkinson Community Center, and all are invited to stop by and extend their congratulations to her. Light refreshments will be served.
Eagle Scout:
W. Friel extended the congratulations of the Board to Alex Smith from Plaistow Boy Scout Troop #18, upon achieving Eagle Scout. The Court of Honor for Alex Smith, followed by a "Pot Luck" meal, on Saturday, May 17 at 1 PM.
New Business
Release of Road Surety:
F. Childs noted that Mr. Giles Gagnon requested release of his security deposit for the project at 12 Industrial Way (PID 000016-000050-0000) on February 5, 2008. The Building Inspector issued the Certificate of Use and Occupancy on November 11, 2007 and Project Engineers Keach-Nordstrom Associates, Inc. (KNA) recommended release of all sureties on July 11, 2007. Chairman P. Sullivan said he was waiting for paperwork from the Planning Office, and recommended deferring the release until it was received.
F. Childs said that Dean and Sue Killam requested release of the escrowed monies since Hitchock Land was approved as a Town Road on March 11, 2008.
F. Childs made the motion to authorize the release of $12,414.37 plus interest to Dean B. and Susan M. Killam for the completion and Town acceptance of Hitchcock Lane. Second: W. Friel. Vote: 3/0/0.
MS-2 Report of Appropriations Actually Voted:
Chairman P. Sullivan submitted the Report of Appropriations Actually Voted to the Board members for their review and signature, as this report is due in Concord by March 31, 2008.
Annual Welfare Guidelines:
F. Childs asked the other members of the Board if they have had an opportunity to consider financial welfare guidelines for 2008. Chairman P. Sullivan said he had not, but said the Board could discuss it at the workshop session.
Right-to-Know Policy:
Chairman P. Sullivan gave the other members a copy of a proposed policy for Right-to-Know requests, and asked that they be prepared to discuss this policy at the March 31 workshop.
Questions from the Audience
None.
Non-Public Sessions
F. Childs made a motion to enter into two non-public sessions, one under RSA 91-A:3 II.(a) Personnel, and RSA 91-A:3 II.(e) Pending Litigation. Second: W. Friel. Vote: 3/0/0.
Future Agenda
Approval of minutes: 3/10/08 – Regular Meeting; 3/17/08 – 7:30 PM Non-Public Session;
3/17/08 Regular Meeting; 3/17/08 – 9:30 PM Non-Public Session
Review Stantec agreement w/r/t 10-year Road Maintenance Program
Set a date for BTLA mediation
Review telephone system & BayRing contract
Tour Town buildings with Maintenance Supervisor & Building Inspector
Review mosquito control contract
Review Welfare Guidelines; set 2008 criteria
Ratify Right-to-Know policy
F. Childs – Speak with D. Murphy RE: having Asst ACOs background check
P. Sullivan – Get paperwork from Planning to release Gagnon surety
3/31/08 - Answer L. Artus’ questions
Adjournment
Respectfully submitted,
Barbara Snicer
Selectmen’s Clerk
_________________________ ___________________________
Paul A. Sullivan, Chairman Fred J. Childs, Jr
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William G. Friel