Chairman Paul Sullivan called the Board of Selectmen to order at 7:35PM on Monday, May 12, 2008, in the Atkinson Town Hall.

Paul Sullivan, Chairman Craig Kleman, Interim Town Administrator

Fred Childs

William Friel

Chairman Sullivan said that this is a workshop meeting that is less structured and that the next regularly scheduled meeting would be on May 19^th.

Mr. Sullivan read the paragraphs out of the handbook that dealt with sick leave and personal days. He mentioned that last year two persons who are salaried exceeded the sick/ personal leave provisions yet still wanted to be paid. An example was cited that an employee could use five days sick without getting department head approval. Mr. Friel said that the RSAs must provide guidelines about leave and he wondered whether the town is required to pay them after they have exhausted the sick and personal days. Mr. Childs said that they give guidance for hourly workers but that research needs to be done for salaried workers. Mr. Friel asked about the number of full time workers the town has and Mr. Sullivan said that the town has 5 to 8 workers who are full time.

Chief Consentino joined the group to discuss the situation regarding military leave when officers go on active duty for two weeks. He said that for six years this is the way that it has been done that is, the officer using five sick days and five personal days. He said that the State pays any employee who goes on active duty. Mr. Sullivan asked how other towns handle it. The chief said that Salem pays. He said that the worker works more than 40 hours a week sometimes 50 to 60 hours and that the town should support its military personnel. The chair asked if the military pays the employee. The chief said that this has been the policy the past six years. Mr. Friel pointed out that the employee handbook said that unpaid leave has to be taken to the voters. The Chief said that the employee should be given X number of vacation days, five personal days, 11 paid holidays. Mr. Sullivan said that the discussion is on the use of sick days. The chief added that they have five personal days, 5 sick days and that the employee has them coming to them. How many sick days, how many personal days, Mrs. Lavallee keeps track of them. He said that the officer gets a salary. Mr. Sullivan said that it not prudent to use all of the sick time up and mentions what happens when they get sick. The chief countered that they were doing their civic duty. Mr. Friel felt that we should look at what surrounding towns are doing. Mr. Childs said that some towns pay them and some towns pay a portion (difference) in the amount of pay. Mr. Childs said that salaried personnel could take what they want. Chief Consentino said that they can keep their personal and sick days and it would be a win-win situation.

The Chair discussed the cruiser that had been totaled. He added that he had received an email questioning whether it was prudent to keep the fleet at its current complement and replace the car at a later date. The chair said that this expense came out of the blue and wanted to discuss possible alternatives and options. Mr. Childs said that there are a lot of vehicles but added that under RSA 105-2a the chief runs the department. Police Chief Consentino said that the insurance will pay $13,200 and that $8,100 will come from the outside detail account which will also pay for striping and $6,500 in equipment is presently being stored for this vehicle. Mr. Childs said that individuals can complain next year and that the budget committee and taxpayers will scrutinize it. The Chief said that under RSA 105-2a he is the chief law enforcement official in the town and that he can change the replacement schedule. He uses the special detail account where $8 is changed for the officer and $8 is charged for the vehicle. He added that that $16 adds up. Mr. Sullivan said that the department has 11 vehicles. The chief passed out the inventory sheet. The chief said that he has two departments and that repairs come out of the donation account. Mr. Sullivan said that 28% of the gas bill goes to elderly affairs (by car gas up). 28% of the gas budget comes out of the Police Budget. It costs monies to have vehicles. The chief said that gas costs $1,000 per month. There are two cars that are run 24/ 7. The elderly cars’ repairs come out of the donation account. There are no regular costs and that it costs $70-$75 per car for insurance for the year. The Chief then went through the vehicle inventory. The 1993 cruiser, which has 82k –83k in mileage was totaled. The chair asked about the Ford Expedition with 35k in mileage and also the 2007 Ford Cruiser which has 56,438 in miles on it. The chief said that this latter vehicle runs from 8 AM to midnight. The 2002 Ford Cruiser has 59,825 miles on it. The chief said that vehicle #1 and vehicle #2 are pleasure vehicles. Mr. Friel asked about the DARE vehicle and the chief said that Charlie McCarthy uses it for school crossing duties. Mr. Friel wanted to know if the two mainline vehicles are up-to-date and the chief said that Vehicles #2, #4 and #6 are interchangeable. The chief added that he cannot use the Durango (#2). He said that #6 is just used for bad weather. Mr. Friel asked about #3 and the chief said that the Lieutenant uses #3 when he is town.

Mr. Friel asked about #5 and the chief said that the detective uses it. It stays at the station during the daytime. Mr. Friel asked if the Durango is used in the wintertime. It has 71k on it. Mr. Friel asked if the 2002 cruiser could go to Lt. Baldwin versus the 2003 with 118k in mileage, which has 2 to 3 years left on it. Mr. Friel said that he had no problem with the detail car. The Chief added that the Lieutenant has put $3,000 of his own money into the vehicle. The Chief said that the detective’s car could be used at night but it would be needed in the AM.

Messrs. Jim Kirsch and Bob Jones were present to discuss their department. Mr. Sullivan was looking at the department in terms of its inspectional services, the planning process and the Selectmen’s office. Mr. Jones does the signing off on inspections as well as conducting inspections and Mr. Kirsch does the code enforcement. The board discussed the citizen’s letter re complaints about the inspection process regarding roofing and siding inspections. Mr. Jones discussed the certificate of occupancy for plumbing, fire inspections and the certificate of completion where Mr. Jones is the last to inspect and sign off. Mr. Jones discussed the citizen’s inspection and how he tries to keep the costs down for the individual. He said that he only reinspects if he finds errors on the job by contractors. Mr. Friel commented on permits that are incomplete and on planning and zoning and the impact fee issue. He felt that the department should not issue a permit but should refer them back to the board or the ZBA. Mr. Jones said that people need to be 100’ from wetlands and Mr. Friel asked what is wet and what is not. Mr. Sullivan asked about code enforcement issues that are not acted on until the Board receives a complaint. Mr. Kirsch said that complaints can be verbal or written that come to him. He gets the complaint. checks the ordinances and goes to the site to see what is in non-compliance. Mr. Childs said that complaints used to come to the board and the board would review and then Mr. Kirsch goes out and does the inspection. Mr. Kirsch said that he gets complaints and refers difficult ones to the board of selectmen. Mr. Friel wondered if there is a form that would go to the Town Administrator (TA) who decides whether it should be pursued or sent to the board. Mr. Sullivan said that there usually is an intense investigation before coming to the board. Mr. Friel said that zoning and planning issues are routed to Mr. Jones. He asked what happens when a structure is built or removed on a site and that permitting issues are real. Mr. Jones said that everything is recorded. Before a permit is issued the ZBA or planning board have conditions that have to be complied with. Mr. Sullivan said that there is a need to close the gaps. Mr. Jones said that there is a need for a master form that raises red flags. Mr. Childs said that review permits are paid out of Code Enforcement and that it should be permitting that pays. Mr. Kirsch said that he does not deal with Building permits. The Code Enforcement budget is $5,000. Mr. Jones asked how he could collect for the one hour that he is in the office in the morning. He asked if the building permit budget could be used. Mr. Kirsch said that a lot of work is done without inspections. Mr. Friel asked about the plan review fee. Mr. Jones said that there are quite a few outstanding permits and he added that permits are good for six months to start construction and up to 2 years for external work. Mr. Friel asked when does Code Enforcement pick up for Building permitting. Mr. Kirsch said that they need to force their hand that is, $10 a day fine or cancel permit. But then the town might be left with a lot of unsafe conditions. Mr. Kirsch cited a case about a code enforcement complaint and the review process: use the complaint form, run by TA, decide to go and review or submit to the board of selectmen. Mr. Jones discussed the 9-1-1 numbering problem. Mr. Kirsch discussed signs in town and signs on specific Town properties such as cemetery, fire and police stations but not in the right of way (ROW). Mr. Friel said that a letter should go to the property owner as it is a violation of the sign ordinance. Mr. Kirsch said that a political sign has to be removed 10 days after the event per Town Counsel.

Chair Sullivan said that boards although well intended and wanting to do the right thing for the town need to get the permission of the board of selectmen before they contact town counsel. Citizens are calling town counsel and department heads are going directly to town counsel. He felt that there needs to be control over this and that Sumner Kalman needs to know of the board’s concerns. This should be an agenda item he added.

The board discussed pending abatements that need to be dealt with by the selectmen. Mr. Friel brought up the document that the Department of Revenue Administration (DRA) gave the town last fall that said that the town was operating within proper assessing limits. Chairman Sullivan reviewed the November 15, 2007 DRA letter which did not have any recommendations that the assessing office needed to change its operations. He added that the town has one year left on this assessing contract and that there are 5 to 6 abatements left with the Bureau of Tax and Land Appeals (BTLA). Mr. Sullivan also mentioned the discussion by some that there is a need for a reevaluation of town properties. However, there is no hard figure on what this would cost.

Mr. Friel asked if departments can spend their budgets and Mr. Sullivan said that they could. Mr. Childs said that when it gets close to the end of the year that anything costing over $500 can be brought before the board for review. Mr. Friel asked if there can be a moratorium on spending and chairman Sullivan said that department heads cannot overspend their budgets and their budgets are scrutinized come the end of June. Mr. Friel asked that a letter be send to a department or Mrs. Lavallee if there is an overexpenditure.

Chair Sullivan said that the board of selectmen wanted to have this meeting. Mr. Friel asked if the withdrawal will work; wells will be drilled to 600 feet and that he felt was very deep. He said that he felt that the HAWC personnel were very informative as were the DES personnel. He also addressed the citizens’ concerns and mentioned that the process was ongoing. He said that the citizens have requested a special town meeting. Mr. Sullivan said that he had received the petition and that he had hoped that they would wait until the spring town meeting but that it is a legitimate petition. Mr. Friel had a concern with the opening statement of the petition in that SB2 was followed. Mr. Kleman said that the regular meeting had to be warned for 30 days and then five weeks later after the deliberative session would be the vote. Mr. Sullivan was concerned with the costs for a special town meeting and that this would be addressed at next Monday night’s regular selectmen’s meeting.

Mr. Kleman said that there are no hard figures on the insurance coverages. Mr. Friel felt that the board should set up an ad hoc committee to review the Town’s insurances.

In terms of legal issues there are two cases but only one case that is pending.

In terms of all the Right to Know (RTK) requests that the town has received Mr. Kleman said that they are all caught up.

The audit draft has been received and they need to review the boilerplate language and what the deadline is for the response.

Mr. Childs asked about the Recording Clerk position and Mr. Kleman said that there is one candidate coming in next week for an interview and there are two others that could be called.

Mr. Childs also mentioned that the landscaping crew had cut the grass and blown it into the pond and dumped the clippings behind Town hall. Mr. Kleman said that he would alert the landscapers to this.

Mr. Childs said that flowers had been stolen from gravesites and that it is a felony to do this.

Mr. Friel said that the Eagle Scout certificate is ready and that the ceremony will take place on May 17^th. He added that Opening day for baseball and the Fishing derby went off very well as well as the Live Strong event at the Community Center.

The Lions Club will have a Ham & Bean supper from 5 to 7 pm this Saturday.

Mr. Kleman mentioned that the Fire Chief would be in next week to discuss the Comstar ambulance contract.

On motion of Mr. Childs, seconded by Mr. Friel, it was voted unanimously to adjourn the meeting at 9:49PM.

Respectfully submitted,

Craig Kleman

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Paul A. Sullivan, Chairman

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Fred J. Childs, Jr

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William G. Friel