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Town of Littleton

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Littleton, NH 03561
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2010 Meeting Minutes and Agendas

Board of Selectmen

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Approved Minutes May 19, 2010

TOWN OF LITTLETON
BOARD OF SELECTMEN’S MEETING
WEDNESDAY, MAY 19, 2010
4:00 PM
COMMUNITY CENTER HEALD ROOM

Present: Town Manager Chuck Connell, Chairman Ron Bolt, Vice Chairman Ed Boynton, Selectman Marghie Seymour, Executive Secretary Ceil Stubbings

Others Present: Ryan Glass (Parks & Recreation, Paul Vialle (WLTN), Bob O’Conner (Channel 2), Mary Edick, Steve Kelley, Brien Ward, Eddy Moore, Don Merrill, Jerry Sorlucco, Chad Stearns (Littleton Chamber of Commerce), Scotty Farquharson, Alison Bolt, Mel Brooks, Art McGrath (The Courier), Robert Blechl (The Caledonian), Karen Noyes (Town Finance Director), Joe Mercieri (Fire Chief), Paul Smith (Police Chief), Linda Massimilla, Chris Hodge, Jan Mercieri, Herb Lahout, Dan Sterns, Joel Bedor

Pledge of Allegiance

Chairman Bolt stated the next regular meeting is scheduled in the Heald Room at 4:00 PM on June 2, 2010. Bolt said he was mentioning this because the meeting would end at 5:30 PM. This would allow time for the board to move to the Littleton High School Cafeteria for the Bond Hearing regarding the Trans Canada settlement.

Bolt then commented on a couple of unpleasant things that have happened over the last few months. Bolt said the board should work on the mechanics of an agreeable working relationship. He said at the end of the meeting he would have a proposal for the management team, including the Town Manager to take into consideration.

Approval of Previous Meeting Minutes:
April 27, 2010 Special Meeting, May 5, 2010 Regular Meeting
Selectman Seymour moved to approve both sets of minutes. Vice Chairman Boynton seconded the motion. Motion passed 3-0.

Feedback from Last Meeting:
Bolt said there were two items from the last meeting that needed follow up, both of which are on the agenda. Bolt identified the two items as the need for a board email policy and the procedure and policy on the disbursement of matching funds relating to past warrant articles. Bolt then briefly reviewed the board’s meeting procedures.

Spotlight on Departments:
Ryan Glass – Parks and Recreation
Ryan Glass informed the board that in 2009 the recreation department hosted 33 recreation programs. In 2010 they added 9 new basketball programs. In addition they hosted a basketball tournament, which brought in around $3,000. They bought new industrial tubes for the sledding. Ryan said the department also has 26 pairs of snowshoes for the public to use. This year they had a concession stand at the ice rink that was successful. This year the department received an Archery Grant in December. They are hoping to launch an archery program this spring. They also introduced field hockey but it did not do well so they are going to reintroduce it into the summer program. They are also offering Deck Hockey, which is better known as Street Hockey at Remick Park. The recreation department also has a Women’s basketball program on Monday nights. The department is in the process of writing for two grants for land and water conservation. Ryan said they are advertising the summer park program and the staff have been cut by 50%. They are only hiring 12 counselors this year. Ryan said the recent vandalism seems to have slowed down since the public had been made aware. The Parks and Recreation have implemented an administrative reorganization. There will be one commissioner in charge of parks, one in charge of recreation and one in charge of administration. In addition they have adopted a constitution bylaw. Bolt asked if they had permits fees. Ryan stated that is currently in discussion, they have fees set if they use the lights but they do not have fees set in stone. Ryan said they are working on setting standard rates. Selectman Seymour heard that if you start charging for recreation you start gaining liability. Ryan said they do charge a fee and agreed with Seymour that they should look into the possibility of liabilities. Bolt asked if there were projections for the summer program. Ryan said he believes it will be the same as last year.


Appointments: Maximum time per appointment is 15 minutes
Steve Kelley – Budget Committee Update
Steve advised the budget committee met a few weeks ago to get an early start on the budget season. This meeting was held with the Board of Selectmen and some members of the School Board. The purpose of the meeting was to get a sense of what the town would be facing this year. Steve stated that after the meeting he was contacted by every member of the budget committee who expressed concerns about the lack of numbers. The committee held another meeting where six of the nine budget committee members attended. Selectman Boynton was also in attendance. Steve said they worked with the numbers they do have in order to determine what the tax impact would be into next year. Because of Brien Ward’s position with the state house, he has been able to bring us up to date on the state and county numbers. Steve then asked Brien to take over. Ward provided the anticipated cost for the new county jail plus the operating costs to be around $350,000. Ward said the county had estimated it at $300,000. Ward said the county commissioners budget has been mailed out and there will be a hearing on the commissioners $825,000 increases in their budget. Ward said the cost of the jail is between $39 and $40 million spread out over two bonds. Ward stated the tax rate is going to go up over the next three years by $300,000 just for the jail. Ward then provided his presentation covering the town and school budgets. Ward cautioned the tax impact could be a $4 tax rate increase with the low possibly being $2. Bolt said that the taxpayers were warned about this situation earlier in the year at the Deliberative Session and, nevertheless, the voters approved the town and school operating budgets, the school building bond article, and over $600K in warrant articles. Steve said there are more issues this time and asked the board to look at the list of three questions for the board to consider. First, does the Board plan to pass along the entire cost of the anticipated 2010 tax increase onto the taxpayers? Boynton said there is nothing to cut except labor. Seymour said she did not plan on passing along the entire increase. Bolt said the Town Manager is already working on ways to cut expenses and increase revenues. Second, does the Board support working with the Budget Committee to reduce the 2010 tax increase? Boynton and Seymour said they would work with the committee. Bolt said that while he wanted to improve the relationship between the Board and the committee, that it was the responsibility of the Board to manage the budget. Third, Does the Board support the creation of the Littleton Taxpayers Association to represent the taxpayers? Boynton said it might be a good idea. Seymour said she did not approve of setting up another organization. Bolt said there are already two organizations advocating for the taxpayer; the Budget Committee and Growth with Common Sense. Bolt then said they should either go over to a municipal committee or we work for a better relationship with the current committee. Tony Ilacqua said that he finds some of the words by the budget committee offensive. Tony said there have been rumors about him at the budget committee. Tony said his department gives 100% and if Tony’s position is not replaced when he retires things would go the other way. The town would actually lose income. Bolt reminded Kelley that the committee’s presentation had gone on much longer then the allotted fifteen minutes. Steve Kelley said it is the committee’s job to challenge the process. Bolt then moved to the next item on the agenda.

Karen Noyes – Workers Comp Safety Equipment Grant
Karen Noyes advised the town had been approved for a grant that would pay up to $2,920 from Primex. The grant funds can be used for training or for safety equipment to reduce the claims. To date the town has purchased safety paddles for the police department and ice cleats for the fire department. Noyes asked the board to accept the grant for the full amount and to allow them to expend the full amount. Ed Boynton made the motion to accept the full grant amount of $2,900 from Primex and approved full expenditure of the funds. Marghie Seymour seconded the motion. Motion passed 3-0.

Fire Chief Mercieri – Adoption of NIMS Resolution
Joe Mercieri said he has provided this document to the BOS at a previous meeting for their review. Mercieri explained the resolution used to manage emergency incidents made up of a unified command structure. The federal government passed a ruling that if we were to fail to adopt the resolution it may preclude reimbursement to the town for costs spent during an emergency. The firefighters are fully certified and police department has taken NIMS courses. Public works are certified to their version and the town offices have also taken online classes to become certified. Mercieri said that 85% of the town employees are certified. Ed Boynton made the motion to adopt the NIMS Resolution. Marghie Seymour seconded the motion. The motion passed 3-0.

Police Chief Smith – Special Detail Expendable Trust Fund Request
Acceptance of a DWI Hunter Patrol Grant for $1,845
Chief Smith asked for the board’s approval to expend $6,560.00 from the Special Detail Expendable Trust Fund that was established this year by warrant article in order to make repairs to the cruisers. There is currently $10,000.00 in the fund and the fund accumulates as people and agencies are billed. The $6,560.00 would take care of painting and corrosion issues. Marghie Seymour moved to approve the expenditure of $6,560.00 from the Special Detail Expendable Trust Fund. Ed Boynton seconded the motion. The motion passed 3-0.

Chief Smith advised the board the police department has been awarded a grant in the amount of $1,845.00 from the Highway Safety Project Hunger Patrol Program. The dates were outlined on the grant approval provided to the BOS.
Ed Boynton moved to accept the DWI Hunter Patrol Grant in the amount of $1,845.00. Marghie Seymour seconded the motion. The motion passed 3-0.

Chad Stearns – Town Building/Opera House Venue Update
Chad Stearns announced the chamber office is now located at the Opera House as of Monday. Stearns advised the BOS that all of the committees assigned to the town building have met at various times. Stearns said they came up with a memorandum of understanding, which he provided to the board. The committees have defined the venue as well as working out the responsibilities and delegating which committee is to start working on certain tasks.

Don Merrill said it is better for the committees to meet together. There has been some consensus for scheduling the events including town meetings. The group agreed that Stearns would be in charge of the security. Security will be part of the operations manual. The committees are looking into the insurance, scheduling fees and the fee schedule.

Chris Hodge said he has put together a sub-committee to delineate what is outstanding with the original contractor and what punch list items have not been completed as of yet. What the committee needs from the BOS and the Town Manager is how they want the town office fit up and what the future expectations of the staffing levels are for the future. So we can come up with a budget. Marghie Seymour said it is hard to be one selectmen working with this group. Seymour thinks they are going in the right direction but because neither one of the other two selectmen go to these meetings she did not feel it was her place to say this is fine. Ron Bolt said that what he had in mind is that the Town Building Renovation Committee would have a single mission and take a period of months to find out the complete cost to fix the buildings. Chad Stearns said the first event would be the Summer Fest on June 9th. On the following Friday and Saturday a Craft Fair will be held at the Opera House. Bolt asked Stearns where they were on the subject of alcohol. Stearns said they have talked about it a bit, but it has gone back and forth. They came up with five good reasons to have it and five not to. Stearns said he would like to deal with that last.

Citizen’s Concerns: None

Town Manager’s Report:
Main Street
Chuck Connell said the preparation work is ongoing and the contractor hopes to achieve the final paving after the 1st of June. There is now a Main Street meeting every Thursday morning in the Annex. Connell said there is still no punch list but as soon as it is completed the public will be made aware.

Redington Street Bridge
Connell said the town has petitioned the DOT for a new railroad crossing to cross over the tracks. The initial approvals were in the Town of Littleton and inherited by the DOT. Bidding remains on track for the summer months.

Highland Avenue Bridge
Connell said the DES requires a set of engineered plans. Rusty Bulis and Carl Hilgenberg will be making the trip to DES have done the work.

Connell advised there would be a hearing on June 11th at 9:30 AM at the Grafton Superior Court. The hearing will ultimately have the superior court grant the town approval to conduct a Special Town Meeting regarding the Trans Canada settlement. There will also be a Public Hearing and Bond Hearing on June 2nd at the Littleton High School cafeteria. Bolt asked Connell if the Police Facility Committee would be coming back before the BOS. Connell said he would follow up with the chairman next week. Marghie Seymour asked Connell who was the engineer on the Highland Avenue Bridge. Connell advised that Horizons’ did the drawing.

Old Business:
School Board Decision - Eaton Property
Connell said he had received a letter from the Tommy Stephens, the school superintendent. The school agreed they would not have a use for the Eaton property and have released their option without seeking any kind of extension.

Disclosure of Government Records
Ron Bolt said this topic this deals with Mr. Moore’s questions regarding emails. Bolt said he has done some research and has some concerns. Bolt said a citizen could not request a document that has yet to be created. A citizen cannot automatically receive emails so none of us can forward emails to citizens. Bolt said his research and legal opinion indicates that once a citizen becomes aware of a document of interest they can request it informally but they do have to make an appointment with the executive secretary. The citizen should not just show up and ask for everything the town has. One reason for this is to protect the disclosure of confidential information on some documents. Mary Edick said she would like to see the request in writing. Mary said she has obtained copies at .50 cents a piece. Mary then asked if it is going to be the policy that nothing can be sent out by email. Bolt said that emails are easy to modify. Marghie Seymour said that she thinks the town is allowed to ask for the amount of the cost of a copy to the town. Seymour said she believes the .50-cent per copy is higher then the actual cost to the town. Seymour said she understood that the fee was set to discourage people from coming requesting copies. Eddy Moore said the cost includes the cost of labor. Bolt told the Town Manager he wants this policy in writing. Connell stated it is in the RSA’s

Policy – Payment of Matching Funds
Connell said at the last meeting you requested we develop a policy that would enumerate or identify where there is a matching fund established through a warrant article. Connell provided the board with the draft of the policy and suggested they review it and make their decision at the next meeting.


New Business:
Bolt noted the town had received a letter from the Attorney General’s Office in response to letters sent to them by Ed Boynton going back to the activities last April. The letter does not address the questions of ethics code but acknowledged the ethics code did not encompass any sanctions. The letter did not comment on the ethic code but stated that in discussions with the Town Manager it was realized that this was just recently adopted. Bolt said the letter stated they reviewed the election laws and did not see any violation. Boynton said he sought an opinion from Connell and the AG’s office. Boynton said the letter did not exonerate what Bolt did. Boynton said it was time to move forward. Boynton then went on to say that Bolt suggested in the newspaper that he (Boynton) should make an apology to Mr. Bolt. Boynton said that Bolt should apologize to him for the deletion of Boynton’s comments made in the minutes and the request to delete a specific email. This led to a disagreement of opinion between Bolt and Boynton as to the Right to Know Law and other issues. Bolt said his proposal was going to relate to how the three of us can bury the hatchet and become a more productive board. Bolt said that any progress on that is going to be contingent on trusting and respecting each other. Eddy Moore had information questions regarding the right to know and the email policy. Moore provided a document from the AG’s Office that Bolt said he would not look at because Moore had not made an appointment with the board.

Draft Email Policy
Bolt described the email policy with additional background information. We are strongly discouraged from using email. Any emails that are created and have substance of nature are considered official documents and become an official record. Marghie Seymour looked at the policy and said she thinks it is a good idea that we not use email for anything except for administrative purposes. Bolt said they would review the policy at the next meeting.

Bolt then referred back to the board dealing with their differences. Each of the selectmen is under pressure to perform, they are not working together as a team and there is a lack of trust. Bolt said that nothing would change unless they put their differences aside. No one will tolerate ten more months of what we are doing right now. Seymour said she does not want to spend her time on issues like this and not get things done. Seymour said it is painful to hear this stuff go on over and over again. Bolt said they should consider a work session. Seymour made the motion to adjourn. Boynton seconded the motion. The motion passed 3-0. The meeting adjourned at 7:14 PM.

Littleton has functioned as a Board of Selectmen/Town Manager form of government since 1976.

The Littleton Board of Selectmen meets the first and third Wednesdays of the month at 4:00 PM at the Littleton Community House - Heald Room.

If you would like to be put on the agenda for an upcoming Selectmen's meeting, please contact Ceil Stubbings. Please be prepared with all information needed for the Selectmen to make a decision no later than the Friday before the Selectmen's meeting

Members

Ronald J. Bolt, Chairman
Edward C. Boynton, Vice Chairman
Marghie M. Seymour, Selectman

Selectmen's Email: selectmen@townoflittleton.org

Executive Secretary for the Board of Selectmen:

Ceil Stubbings
cstubbings@townoflittleton.org
125 Main Street
Suite 200
Littleton, NH 03561
603.444.3996 x15
603.444.1703 (fax)

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