Town of Bristol
Board of Selectmen
Minutes of 5-22-08
Members Present: Rick Alpers (RA), Don Milbrand (DM), Paul Fraser (PF), Bruce Van Derven (BVD), Joe Denning (JD), Town Manager Elizabeth Corrow
Chairman Rick Alpers called the Regular Meeting to order at 7:00pm.
Purchase Orders
Kustom Signals -$12,617 total cost (50/50 grant towns net cost is $6,308.50) - Police Department - radar trailer and radar units included in the 2008 warrant articles. Motion by Mr. Fraser to approve the purchase order as presented for Kustom Signals; seconded by Mr. Denning, vote was 5-0.
HP Fairfield - $12,000 - Used Vacuum body & installation on our truck – Highway Department - Motion by Mr. Van Derven to approve the purchase order as presented for HP Fairfield; seconded by Mr. Denning, vote was 5-0.
Conservation Commission Appointment
Mr. Alpers stated Mr. Brian Laws is interested in becoming a member of the Conservation Commission. Mr. Alpers stated the board likes to meet the interested members before they appoint them and asked Mr. Laws to tell the board a little about himself. Mr. Laws stated he lives on Danforth Brook Road. He grew up in Bristol, went to the Middle and High School, went to college in Massachusetts and came back about 5 years ago. He is interested in Web Development and computer technology. He is interested in joining because he finds the wide scope of things the Conservation Commission covers interesting and he would also like to get involved with the town more. Mr. Fraser questioned how he heard of the vacant position and Mr. Laws stated either the Penny Saver or a posting in Town Hall. Mr. Laws has also attended two meetings. Motion by Mr. Fraser to appoint Mr. Laws to the Conservation Commission; seconded by Mr. Van Derven, vote was 5-0. Mr. Fraser expressed his appreciation to Mr. Laws for his interest in getting involved and joining the Conservation Commission. The Board agreed.
Fireworks Contract
Mr. Denning stated a couple months back he talked to Charlie Sinclair to begin working on the Fireworks display for this year. They picked out a couple dates that would work and will sit down with Chief Skantze and Chief Clark to finalize a location in the next couple of weeks. The date that was chosen is July 12th with a rain date of the 13th. Mr. Denning stated he spoke to Mr. Sinclair last night and he wants to come and look at our sites to see which will be the best. Mr. Alpers questioned if this contract is to solely lock in the dates and questioned what would happen if we can not get a site. Mr. Denning stated they are going to look at all of the possible sites but know they have Ms. Oneil’s and the Holiday Hills site as a last resort. Mr. Alpers stated this was a budgeted item. Motion by Mr. Denning to accept the contract to lock in the dates; seconded by Mr. Fraser. Mr. Fraser would like to ensure the safety plan continues and would like to use a different site if there is any other site that would be better as he believes this board would rather for safety reasons. Mr. Alpers questioned if there are any available dates that would be closer to the 4th. Mr. Denning stated there was not. Mr. Van Derven questioned if the rain date could be the following Saturday instead. Mr. Denning stated those were the dates he was given. Mr. Van Derven feels if they are held on a Sunday night, many people have already left and gone back home. Mr. Alpers questioned if we can ask Mr. Sinclair if the 19th is available as a rain date. Mr. Denning stated he would call but suggested the board sign the contract tonight to lock in the dates. The board voted to approve the contract with one abstention; vote was 4-0-1. Mr. Denning is to follow up on the question regarding the rain date for the 19th.
Noise Ordinance
Ms. Corrow stated both the Chief of Police and Prosecutor Libby have reviewed and made some changes so we know it will uphold in court. Ms. Corrow stated we have held a public hearing in the past for this, we are just finalizing it. Mr. Fraser questioned if on summer nights when it gets dark later if fireworks could continue until 11:00pm instead of 10:00pm when the other irritating noise should be discontinued. This would give 2 hours from when it gets dark for citizens to have fireworks. Mr. Alpers stated the Chiefs are working on a separate fireworks ordinance. Chief Clark stated many fireworks are illegal; however he has no problem with the time frame. He explained the Police Department will be a little more lenient on nights like Halloween and July 4th for noise disturbances, but this ordinance allows us to deal with it on more of a local level rather then a state level which is beneficial to the community as the fines come back to the town. The fireworks ordinance deals more with fireworks displays on the beach or from one’s yard. Mr. Fraser believes the noise ordinance is good to have on record to help the officers enforce. Chief Clark stated there were 67 noise complaints with 1 summons issued last year. He believes 26 were fireworks related and about 20 were unfounded, meaning when the officer pulled up to the scene, they didn’t hear anything or the citizen addressed the noise issue prior to arrival. Chief Clark recommended extending the cut off time on July 3rd, July 4th, Halloween and New Years Eve. Mr. Fraser believes citizens like to shoot fireworks off other nights and thinks fireworks should be allowed until 11:00pm. Ms. Corrow questioned if it should be 11:00 on just weekends or weekdays too. Mr. Denning stated this is a tourist town with many vacationers. Ms. Girona questioned if it would save the town money if you only allow certain days for fireworks to be shot off as Mr. Van Derven stated. Mr. Alpers stated they would not save money because there is still an officer on duty but it may cut down on calls for service. Mr. Alpers recommends 10:00 for regular year round noises 11:00 on Halloween and July 4th and 12:00 on New Years Eve for fireworks only. Mr. Fraser stated Mr. Alpers recommendation does not speak to the issue of the summer vacationers. Motion by Mr. Van Derven to approve the noise ordinance; seconded by Mr. Fraser. Mr. Alpers questioned if Chief is satisfied with the amended wording. Chief Clark confirmed. Mr. Van Derven questioned the exemptions section. Vote was 5-0.
Vending Ordinance
Mr. Alpers stated vending is popular in our town. Mr. Alpers questioned if it had been reviewed by the attorney. Ms. Corrow stated it was not but a good portion of the wording is from the current ordinance and from what other towns have used. Ms. Corrow explained the new ordinance makes things clearer and broke the crafters, vendors, and food vendors apart. There is also a proposed increase in the fee. It has been $25.00 since 1985. Non-profits are exempt and there is a reduced fee for town sponsored events such as Old Home Day and the Concert Series. Mr. Fraser questioned if the main difference is the fee. Ms. Corrow stated there is better clarification on who needs a permit and what is required from each. There is also additional Health Officer Enforcement and approval needed by both the Police and Fire Chief. Mr. Van Derven questioned the fact that there is only one vending location. Ms. Corrow stated vending is allowed with the permit on private property with the property owner’s approval, but the intention is to eliminate the citizens that pull over to the side of the road and set up. Mr. Van Derven questioned how long the permit is valid for. Ms. Corrow stated the citizen is approved for the year but the town’s vending spot is a first come first serve basis and others with a permit have a right to set up there as well. Motion by Mr. Denning to approve the noise ordinance; seconded by Mr. Fraser. Mr. Van Derven thinks a 200% fee increase is too much. Mr. Fraser questioned about how many permits are issued each year. Ms. Corrow stated about 10 – 15, possibly 20 because of the Old Home Day event. It was suggested to reduce the fee to $50.00. Mr. Milbrand questioned if there can be more then one spot. Ms. Corrow stated more vending locations can be identified in the future. Mr. Alpers suggested getting the ordinance in place and work on additional locations later. Chief Clark recommended the far end of Cummings Beach for another spot. Mr. Alpers stated they would look into the locations in the future and questioned if the Board agreed with a $50.00 fee. Vote was 5-0.
Drug Testing Policy
Mr. Alpers stated this was a budgeted item. There is currently random drug testing in place for CDL drivers or if an employee has an accident while working the company will immediately come up to do a drug or alcohol test to help reduce the liability. Mr. Walenda questioned if the Selectmen were included. Mr. Alpers stated they were not at this point. It was budgeted for all full time employees. Ms. Corrow stated that all full and part time employees will be randomly drug tested. To implement the policy all full time employees will be tested that are not already part of the CDL employees and then all the full and part time employees will go into the random testing pool. The policy also includes a pre-employment testing requirement. Ms. Corrow stated Onsite comes here to do all the testing. Mr. Alpers stated the department heads have all been very supportive of this policy. Mr. Fraser questioned the consequence of a positive result. Ms. Corrow stated the employee can either be immediately terminated or they can be put on suspension, have to go to counseling and have 6 follow up tests that would be paid for by the employee. Ms. Corrow stated if a test comes up positive and the employee feels that is an incorrect result, the employee can pay for a retest to prove differently. Should the test come back and the original results were wrong, then the town will reimburse the employee. Ms. Corrow stated the initial thought would be to terminate the employee but onsite really suggested the second option because it reduces opening the town up for liability and there is a large commitment and expense to the employee to fix the problem, and it is consistent with the CDL driver’s policy. Mr. Van Derven questioned who the DER is. Ms. Corrow stated the Department Heads will go to training to become a DER and the Town Manager is the second DER. Both the department head and the Town Manager would need to concur to an employee suspicion in order to test them. The second DER allows checks and balances. Ms. Corrow stated if an employee in the Police Department tests positive they would immediately lose their job due to the nature of their position. Mr. Van Derven suggested having a Police Officer be the second DER. Motion by Mr. Fraser to approve the drug testing policy; seconded by Mr. Denning. Vote was 5-0.
Meeting Locations
Mr. Alpers stated in the last meeting the board discussed a meeting location with the Police Department renovations. They debated between the schools or Old Town Hall. Mr. Fraser stated the current meeting room was reconfigured and they were able to fit a number of seats in, approximately 40. Mr. Alpers was concerned with the second means of egress. Mr. Van Derven suggested continuing to hold the meetings here and if it does not work out then go to Old Town Hall or decide at that point where the best location will be. Chief Clark stated he looked into a push out window and it was very inexpensive. Ms. Corrow questioned if she should move forward with getting a quote for a push out window for the second means of egress. The board agreed.
Job Description for a Community/Economic Development Coordinator
Ms. Corrow stated she was proposing a job description for the Community Economic Development Coordinator. Mr. Denning stated he worked with Ms. Claire Moorhead last year and she is very good. Mr. Alpers stated Ms. Dion and Ms. Greenwood are excited to work with Ms. Moorhead as well. Motion by Mr. Fraser to approve the Job Description as presented; seconded by Mr. Denning. Vote was 5-0.
Personnel Policy
Ms. Corrow reviewed the additional changes that were made to the personnel policy, explaining most of the changes were updated with the current law and also made a couple wording clarifications to lessen any confusion. Ms. Corrow stated she added a maternity leave section and an employee conduct section. Attorney Doug Mansfield did not like the employee conduct section broken apart so much and this is more streamlined. Ms. Corrow stated there is a new section on dispute resolution procedures, harassment which includes all harassment not just sexual, computer use and communication equipment, solicitation distribution, motor vehicle violations, town security, media contacts, employee safety and health program, safety committee, seat belt, hazardous materials, work place violence, alcohol and drug on work site, work place searches and separation from workplace. Mr. Van Derven questioned who the personnel policy applies to. Ms. Corrow stated this will apply to all full and part time employees, not contracted services. Ms. Corrow stated she will attach a memo encouraging employees to ask questions or bring any items of concern to her attention. Motion by Mr. Milbrand to approve the personnel policy; seconded by Mr. Fraser. Vote was 5-0.
Chamber of Commerce Agreement
Ms. Corrow stated the Chamber’s agreement is coming to end at the end of the month. Ms. Corrow explained there is question as to who has authority to enter into the lease agreement as both the library and town own it equally. Ms. Corrow stated we needed to come to an agreement with the chamber. Mr. Alpers questioned if the chamber is interested in another lease. The representatives from the chamber stated they would like to go through the summer. Mr. Roger Nichols questioned who the landlord is, the town or the library. Mr. Alpers stated both the town and the library are. Mr. Nichols was concerned that there are a lot of keys out to access the building and does not believe anyone knows who has them; however, their biggest concern is a location. Mr. Alpers assured them they were not being evicted and everyone was here tonight to come up with an agreement. Mr. Alpers suggested holding a future worksession to come to an agreement as to who is the landlord, but for now have the chamber stay and then work out the landlord piece later. Mr. Van Derven suggested the key situation be addressed and questioned if we had a legal opinion. Ms. Corrow stated in the interim the Board is to make the decisions until an agreement is formed. Ms. Corrow stated the town is currently paying the electric bill and that will come to an end at the end of the month. Mr. Fraser agrees we need to come to a better understanding. Mr. Nichols stated the Chamber questions the future, they need a facility and they don’t want to be asked to move out now at the beginning of the season when they have already done a mailing and they really can’t afford to rent something. Mr. Alpers suggested they could stay in the building for the summer. Ms. Girona suggested a storefront in the downtown maybe a good place and they might not charge. Mr. Van Derven suggested putting a notice on the TV Bulletin Board stating the chamber is looking for a place. Ms. Corrow stated it was never anyone’s intention to have the chamber evicted on May 30th, but there needs to be future conversation to finalize agreements. Mr. Van Derven suggested picking a date in July for this meeting. Ms. Corrow stated the Library and the Board will have to meet first. Mr. Fraser stated there is no need to leave right now and should the library need the full building, there will be plenty of notice given to the Chamber. Ms. Corrow stated they can tighten up the key situation now.
Fire Department Disposal of Equipment
Mr. Alpers stated the Fire Department has 2 cameras that are very aged and broken. The Bristol Fire Company has put up $10,000 to buy a new camera and is currently fundraising for a second. Ms. Corrow stated they will be getting a credit to help off set the cost of a second camera from the cameras being disposed of. Motion by Mr. Fraser to approve the disposal of the two cameras from the Fire Department; seconded by Mr. Milbrand. Vote was 5-0.
Public Comment
Mr. Walenda stated he had a problem with the minutes. He feels they are not exactly correct. He stated the Selectmen’s remarks need to be printed exactly how they are said. Mr. Alpers stated the meetings are not transcribed word for word. The law states general minutes of the meeting must be taken. Mr. Alpers stated our minutes are better then most towns. Mr. Alpers stated the Town manager will keep an eye on it. Ms. Girona questioned how the minutes are recorded and who takes them. Mr. Alpers stated they are tape recorded through the video camera and Ms. Corrow stated an employee watches the tape and takes the minutes after the meeting. Ms. Corrow then reviews the draft copy and the minutes are then brought to the board meeting for approval. Ms. Girona stated they should be verbatim. Ms. Corrow stated minutes are not required to be verbatim. Ms. Girona questioned how one can get a copy of the tapes. Ms. Corrow stated they would need to contact Lakes Region Public Access to request a copy.
Town Manager Items
Ms. Corrow questioned when the board would like to meet with PSNH regarding the Dam. The Board decided on the June 29th.
Mr. Denning left the meeting.
Central Street Bridge
Ms. Corrow stated she went to a Central Street Bridge meeting and they are concerned about the steel delivery but they have not received an answer yet. Ms. Corrow stated they should have an answer by June 10th. Ms. Corrow explained if we don’t get the steel by the beginning of August then the bridge will not be complete by year end. The steel has been ordered, but we have yet to receive it. Ms. Corrow gave the board an update on the archeological study. She explained the state is happy with the plan presented and they are going to move forward. Ms. Corrow stated PSNH has agreed to place the utility pole higher on the Bristol side of the bride and place the lines after construction.
Single Stream Recycling
Ms. Corrow stated she attended a single stream recycling meeting and they voted to move forward with a new facility but will not be in place until 2009-2010. Ms. Corrow stated she will make a recommendation to the recycling committee regarding a private contractor such as Bestway to start single stream recycling now and then they will be ready when the facility is done and we will just have to switch the vendor. Ms. Corrow stated all that is needed is 2 containers, one for trash and one for all recyclables. All recyclables are dumped into one container. We are already set up for that, we just need to start. Mr. Walenda questioned why we do not sell steel to Steen Gilpatric. He pays good money. Mr. Alpers stated we can not sell recyclables to Mr. Gilpatric and steel is a separate issue. Ms. Corrow stated Mr. Gilpatric was going to work with us once he had his weights in place but he is currently not ready to work out an agreement with us. Mr. Walenda stated Mr. Gilpatric’s scale will be ready in a couple of weeks. Mr. Alpers stated they would have the committee look into the disposal of steel. Mr. Van Derven stated Alexandria is looking into purchasing a lot for a recycling center. We are currently looking to expand and questioned if we have talked to Alexandria and Bridgewater about regionalization. Ms. Corrow stated we are trying to start small. Mr. Van Derven questioned if the Recycling Committee could reach out to the other towns. Ms. Corrow stated they could and if the committee would like to come to the board and recommend regionalization they can if that is what they feel is the most efficient way. Ms. Girona questioned if the town loses a lot of money on single stream. Ms. Girona stated scrap metal is a big revenue. Mr. Alpers stated scrap metal does not go into the single stream line; it has its own pile. The only items that can be placed in the recycling container are card board paper, glass and plastic. Right now the metal is transported to Northeast Recovery. Mr. Alpers stated the metal is currently not separated at this time because we do not have space to do so. Ms. Girona feels people would come pick up the piles of scrap metal and separate it for nothing. Mr. Alpers stated Mr. Gilpatric does not have the equipment to pick up the pile of scrap metal and separate it. Mr. Alpers stated they are currently filling one truck and then sending it off. It would take forever to fill up a tractor trailer load for them to come pick up the different types of metal. Mr. Fraser stated we need an area to hold it and sell it based on price. Mr. Alpers stated the committee is addressing all these issues. Ms. Corrow recommended charging $5.00 per ton administrative fee for commercial haulers which will bring in approximately $6,000 per year of revenue. Mr. Fraser questioned if we are currently providing this service for free. Mr. Van Derven suggested a higher fee then $5.00. Motion by Mr. Alpers to implement a $5.00 fee per ton for commercial haulers; seconded by Mr. Milbrand. Vote was 4-0.
Ms. Corrow questioned when the board would like to meet with CDM regarding the preliminary plans of water and sewer to the lake. The board agreed on June 5th at 6:30.
Mr. Alpers made a motion to enter non-public session under RSA 91-A:3 II(c) seconded by Mr. Fraser: roll call vote taken all members agreed to enter into non-public session. At 9:00 PM the BOS entered a non-public session.
Motion to return to public session made by Mr. Milbrand, seconded by Mr. Fraser; vote was unanimous.
Motion to adjourn was made by Mr. Van Derven; seconded by Mr. Don Milbrand; vote was unanimous.
The meeting was adjourned at 10:00pm
Respectfully submitted,
Krystal Alpers
Administrative Assistant
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Richard Alpers, Chairman Paul Fraser, Vice Chairman
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Joe Denning Donald Milbrand
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Bruce Van Derven