Town of Bristol
Board of Selectmen
Minutes of 5-8-08
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
Mason companies - $10,000 - Water & Sewer Department - Caustic Soda Liquid 25% Bulk purchase order to be used to replenish supplies throughout the year. Motion by Mr. Fraser to approve the purchase order as presented; seconded by Mr. Milbrand, vote was 5-0.
Lakes Region Mutual Fire Aid - $24,582.73 – Fire Department - Prorated share for Lakes Region Fire communication Services. Mr. Bannon questioned how this was calculated. Mr. Alpers stated by usage. Motion by Mr. Milbrand to approve the purchase order as presented; seconded by Mr. Fraser, vote was 5-0.
Public Comment
Mr. Banon questioned the fence being erected along Shore Drive as he thought it was town beach. He heard a section was given to Swiss View. Mr. Alpers stated Swiss View took the town to court about a year ago and the town lost as Swiss View proved by deeds that they own that section. Mr. Denning stated it is about a hundred feet of the beach. Mr. Van Derven suggested if anyone has questions they should talk to Ms. Corrow about the legal part of the case and the Land Use Officer can explain the fence. Ms. Corrow stated Swiss View’s property goes from an X on a rock down around 3A. Mr. Banon questioned the amount of frontage and thought there is another party that owns a section as well. Mr. Banon was concerned because he thought the state highway gave this section of the beach to the town. Mr. Denning explained the state highway did not own it to give it away. Mr. Walenda believes they need to have a permit from wetlands. Ms. Corrow stated they have referred it to DES already and we have been told that they did not need a permit but they do have a town permit.
Kathleen Girona Request to Approach Selectboard Regarding Transfer Station Policies
Ms. Kathleen Girona stated she spoke with Ms. Corrow today and is not here to discuss the Transfer Station policies but is here to discuss the April 10th Selectboard meeting as her paper was discussed and would like to clarify some things. Mr. Alpers stated they are prepared to discuss only the transfer station policy this evening as requested on the agenda. Ms. Corrow stated she spoke with Ms. Girona and was not aware she did not want to talk about the transfer station policies, but was aware she wanted to also talk about her paper as Ms. Corrow has it under Town Manager items. Ms. Corrow clarified that Ms. Girona was satisfied with the transfer station policies. Ms. Girona confirmed. Ms. Corrow stated at a meeting a couple weeks ago the board discussed advertising fees. Ms. Corrow stated she would like to set the record straight in regards to what the town is charged for in the Newfound Voice. As she understands it now after her discussion with Ms. Girona today, there is no charge for help wanted, announcements, if the town writes something about what is happening, and editorials. The town is charged for advertisements. However, Ms. Corrow stated she is confused as to what is considered an advertisement and what is considered a public notice/announcement. Ms. Girona stated in 2007 the Newfound Voice billed the town $225.00 for several articles. Ms. Girona began discussing who has written pieces for the paper. Mr. Alpers clarified what is being discussed at this meeting regarding the Newfound Voice. Mr. Alpers stated it was to discuss what the town is charged for in her paper. Ms. Girona feels the different members of the board have been able to submit many items for her paper and appreciates their contribution. Mr. Alpers again stated this meeting was to discuss the fee structure for items submitted and stated the board was under the understanding they are charged for editorials. Ms. Girona stated they do not charge for editorials and apologized for the misunderstanding. Mr. Fraser suggested something in writing as to the fees for the paper. Ms. Girona stated the fee schedule is listed in the back of the paper. Mr. Fraser stated there are things that we are charged for that we did not think we would be and things we were not charged for that we thought we would be. Ms. Girona explained she invites anyone to submit editorials and it is free as space allows it. Mr. Alpers stated this meeting is not intended to be an advertisement for her paper. Ms. Girona stated she is just clearing things up because the board spent 20 minutes a couple weeks ago “tearing her paper up” on television. Mr. Van Derven stated he believes the question a couple weeks back was where we were positing notices which raised the question of what is a public notice, advertisement, announcement, and what is considered paid publicity and what is not. Mr. Van Derven questioned if there is a charge for a posting of a meeting. Ms. Girona stated there never has been. Mr. Van Derven then read the summer town meeting notice and was told we were charged for this posting and also read a town office hours notice which we were also charged for therefore, he is still wondering what is a public notice. We have been told we are charged and we have been told we are not charged. He questioned if there is a black boarder around the notice, if that makes it a notice that is charged. Mr. Van Derven stated when someone comes before the board or someone is discussed, he does not think this board “rips” anyone apart. Mr. Van Derven believes we have a right to know whether we would be charged and if we are being charged then he would think if we can get a public posting in a paper for free we should post in the free one. Ms. Girona stated the items Mr. Van Derven was referring to were submitted in an ad format, and the calendar postings are never charged for nor are the help wanted postings. Ms. Girona stated $225.00 was billed to the town in 2007 from the Newfound Voice. She further stated thousands of dollars went out to pay for ads in other papers. Ms. Girona stated postings in the calendar are free, if you submit it as an advertisement there is a charge. Mr. Alpers again clarified the items in the calendar are free. Mr. Van Derven questioned how office hours are considered an advertisement as he thinks it is a public notice. Mr. Van Derven thinks it would be helpful if the papers involved in this town give us a schedule of what is considered an advertisement and what is considered a public notice. Mr. Van Derven stated he has been charged for editorials sometimes but that is his personal issue. Ms. Girona stated help wanted ads are free; editorials are free provided if there is space. Ms. Girona stated she did not like the statement regarding proclaimed victory by Mr. Van Derven. Ms. Girona stated her last issue had many different opinions of the police building project. Mr. Van Derven stated he did not recall the statement. Mr. Van Derven stated his following statements would be coming from him as one selectman, not the board. He discussed the various pages in the Newfound Voice in the March edition 2008. Mr. Van Derven pointed out all the editorials and advertisements regarding elections at the beginning of the paper. Mr. Walenda shouted from the audience. Mr. Alpers stated there are no public comments at this time and Mr. Walenda will be asked to leave if it continues. Mr. Van Derven continued to overview items in the paper page by page and questioned the location of the political ads at the end of the paper as to why they were not at the beginning with the rest as this cost about $300.00. He felt it did not make any sense as they were submitted way before the deadline and he hopes the people in the political advertisements that were placed in the back of the paper got a fair shake but does not feel they did. Mr. Banon questioned what the town pays for in other papers as far as public notices, job listings, etc. Ms. Corrow stated the town pays for help wanted and public postings but we do get free items in the calendar and we can write articles for free. Mr. Walenda believes Mr. Van Derven is violating civil rights as has no business in pointing out other peoples advertisements in the paper. Mr. Alpers again clarified what the Newfound Voice charges for. Mr. Milbrand stated we need to be careful as to how it is submitted. Mr. Alpers stated we do not submit news to the Newfound Voice or other papers. All the papers are welcome to attend meetings and collect their own news as most of the other papers already do. We will only submit public notices as they come up and help wanted ads.
Police Chief to Present Costs for Changes to Current Building to Temporarily Minimize Liability Concerns
The Chief gave the board a packet of the cost and the items needed to address the concerns in the department. The improvements that will be addressed are: properly securing the booking area, improve ingress and egress, create a juvenile area and create a proper staff area. Chief stated they would like to put a temporary wall up to divide the current meeting room which will give adequate conference space for small meetings. Additional furniture will need to be purchased as well as telephone service and additional computers. They will put an additional key FOB in. Chief stated he spoke with Mr. Morrison about a sally port and he does not think it is a good idea at this time. They will put more of a ramp with minimal steps in the entry as well as a Marshal Cage in place of the pipe. They will install a vinyl flooring to cover the cement to reduce injury and cut the counter back to make it circular. They will move the equipment in the current staff area and formalize it into a complaint area / interview room for citizens. They will install a sound proof wall in the middle of the conference room to create a staff room. The prosecutor will move into the welfare office and the welfare office will be combined with the juvenile holding cell. They will change the bathroom by placing a shower for the officers. The high school will make lockers and add work stations in the new staff area. The total cost for this renovation is about $18,000 plus the cost of the Marshal cage which is about $2300.00. Mr. Van Derven questioned if this handles the liability issues. Chief confirmed it does only for the short term. Mr. Fraser stated the Board had a work session last week and thanked the Chief and the Lieutenant for putting this together as a recommendation to address the issues. The Chief stated they also looked at 4 different locations for a meeting area for the Selectboard, budget committee and other boards and committee meetings. Mr. Van Derven questioned where this money will come from. Mr. Corrow stated they will have to use some of the money from the police building project line. Mr. Banon stated since the town voted the project down, $18,000 will be spent right now as an interim step just to maintain and come back and ask for 6 million for a building next year. Mr. Fraser stated they do not know what they are going to come back with next year. What we are doing now is what responsible people do if we know there is a deficiency or liability in the town, we are acting on that. We need to make some improvements to make this building workable for the meantime. Mr. Fraser stated he was thrilled the Chief was able to address these items responsibly for the interim. Mr. Banon stated we have not had any problems thus far. He is not saying we don’t need something, but he does not think we should dump money into something temporarily. Mr. Jerry McGwin stated he was sorry the Board and the Police Department had to go through this short sightedness and questioned how long this temporary fix will keep us out of trouble. Chief stated this is a temporary fix if anything was to happen the board, the Chief and Ms. Corrow would feel responsible. Our officers need to be safe. Mr. Ben Perry stated this is solely a Band-Aid. This is a temporary fix and we should spend the money. We need to get a new building. Ms. Girona stated the town’s people are not on board with the ideas put forth. Mr. Alpers stated the board recognizes that as they did not vote for the project. Mr. Lindholm questioned where the meetings will be held with the proposed renovations. Mr. Alpers stated the board is not sure at this point as they will address that. Mr. Van Derven stated he does not recommend this but wanted to put out the idea of going to Goodwill or Big Lots for furniture. Chief stated the Police Department will move the furniture where ever the board decides to relocate. Mr. Denning stated this is an old problem and this is just a Band-Aid. Mr. Alpers questioned where the board could go that would have adequate parking and is handicap accessible. The board discussed using old town hall with parking at the Baptist Church or the Doctors Office. Ms. Somers questioned the placement of the dividers in the meeting room. Ms. Greenwood thanked the board for immediately attending to this liability concern. Ms. Greenwood suggested using the Elementary School for meetings. Mr. Alpers stated the board needs to talk to the school to see if the space is available. Chief stated John Greenen’s building might be the best space however there would be a rental fee. Mr. Greenen was also willing to make changes as well. The parking is adequate. Mr. McGwin suggested the local churches. Mr. Bannon questioned if the Lieutenant and the Chief would move downstairs. The Chief stated they would not. Mr. Banon questioned what would be in the downstairs. Chief explained there would be work spaces for the on duty officers as well as lockers and computers for the officers to do their reports. Mr. Walenda suggested buying a building that is currently for sale and moving the Police Department there temporarily. Mr. Alpers stated the board would discuss future ideas regarding the project when they move onto the police building committee discussion. Mr. Denning suggested the board vote on the proposal from the Chief. Mr. Fraser believes most of the meetings that are conducted can use the smaller meeting room. Mr. Alpers suggested the board see if this room will work next week. Mr. Milbrand stated it would be too small for the Planning Board. Mr. Milbrand stated they have to give public notice and if the meeting has to be moved due to space then they would have to reschedule and repost the meeting. Mr. Van Derven suggested using old town hall. Mr. Denning made a motion to accept the proposal for $22,000 and move ahead with the renovations and look into a more static place to meet; seconded by Mr. Milbrand, vote was 5-0.
Police Building Committee
Mr. Milbrand stated right now the committee is stagnant and would like to know if they should continue and would like to get some direction. Mr. Fraser questioned if things should be put on hold until the new Town Manager comes on board. Mr. Alpers feels the committee needs to continue on and the board should give them direction as there may also be some new members interested in joining. Mr. Alpers suggested the board take a couple weeks to think about how they would like to move forward but does not want to lose traction. Mr. Van Derven stated the committee has looked at all the buildings and land in town over the last few years. There has not been any capital infrastructure investment for this town in over 25 years. The Town of Bristol does not like to spend money on anything over $500,000. Mr. Van Derven believes the citizens want the board to come forward with an ala carte menu with all the ideas. He does not want to have the committee and the Town Manager spend more hours on the project and come up with another plan that will get shot down. Lieutenant Lewis stated they know the size the building needs to be and the size of the land needed. He does not suggest the committee spend any additional time on that portion. Therefore, it comes down to the decision of location. Ms. Girona feels the Selectboard is ridiculing the voters. Mr. Perry suggested a new police building from scratch. Mr. Lindholm suggested eminent domain. Ms. Corrow stated the committee members know what options are available and what we need for an adequate building. She feels if we create a new committee we will be taking 5 steps backwards. She suggests holding public meetings so everyone can be a part of the process instead of selecting one or two new committee members. Mr. Fraser stated we do not need to spend a dime on layout; we have some good information and need to move forward from there. Mr. Milbrand stated we have plans; the committee should remain and should redo the location matrix to keep it updated. Mr. Milbrand believes it will be difficult to have an “ala carte” proposal. Mr. Milbrand suggests setting up the matrix with updated information and publicizing meetings so the committee and the board can figure out what the community wants to put on the warrant.
Chief Clark to Discuses Recommendation of Highway Safety Committee Regarding Lakeside Drive
Chief Clark stated he, the fire chief and the highway superintendent discussed the issue of citizens parking along the side of Lakeside Drive. Chief stated they suggest enhancing the parking limitations to passenger size cars only along the right side of the road. There should not be trailers parked along the road. Mr. Alpers questioned if the community along Lakeside Drive knows about this problem. Chief stated it is very unsafe. Mr. Van Derven suggested sending a letter to citizens along the road to address the issue. Mr. Alpers stated this letter should be sent out ahead of time so they are aware of the change. Mr. Van Derven questioned if the residents should be given the opportunity to have input at a meeting. Lieutenant Lewis stated it is against the law to leave trailers unattended on a road. Mr. Walenda questioned if they have a permit and stated the basketball hoops that they have along Lakeside Drive are not allowed. Chief stated he will be addressing the basketball issue. Ms. Corrow stated the road is already posted, but they will now enforce. Ms. Corrow stated the police department will send a letter notifying property owners in the area and people will be given a warning for a period of time, but the Police will need to start enforcement.
Town Manager Replacement Process
Mr. Alpers stated the advertisement has been posted on the NH Login which is a correspondence with all the other managers and finance personnel. It has also been placed on the NH Mangers Association website and the Local Government Centers website. All of these are high traffic places. They will also do paper ads. The position is listed as open until filled and they are taking submissions electronically. Mr. Alpers stated over the next few weeks the board will finalize the interview process. Ms. Corrow provided the board with a proposal for an interim Town Manager in anticipation that the position will not be filled before she leaves. The person MRI is recommending is a gentleman from Bristol. He is retired and has been doing this on a consultant basis through MRI. Mr. Alpers suggested discussing this next week after they look at the proposal.
Personnel Manual
Mr. Alpers stated the changes that will be made are standard changes from Town Administrator form of government to Town Manager form of government. Mr. Alpers stated the board already approved the sick time and disability changes so the policy parts have been adopted, the board just needs to approve the rest of the language. Ms. Corrow stated the board needs to formally approve the form of government changes referenced throughout the manual. Mr. Denning made a motion to adopt the personnel policy as presented with the changes; seconded by Mr. Fraser, vote was 5-0. Mr. Van Derven stated the employees need to come to the Town Manager with any questions. Ms. Corrow stated the attendance language has been strengthened some.
Request for Proposal for Auditing Firm
Mr. Alpers stated our current auditing firm Plodzick & Sanderson decided to let us go as their business grew too big and they could not find qualified auditors. Mr. Alpers stated this is for a new auditing firm. Ms. Corrow stated Plodzick & Sanderson grew but they also let us go due to the additional GASB regulations placing a greater burden on auditors. They are picking and choosing clients now. Ms. Corrow stated the costs of auditing services are increasing and the pool of available auditors has gone down. Ms. Corrow stated we can do an RFP however, on the login; other towns have been talking about auditing firms and stated the RFP’s have not had good response. Most of the towns have either not got a response or had a response from one company. Melansen and Heath have been the only company to reply to the RFP’s and they will handle GASB 34 compliance. They will walk us through the process. Mr. Denning questioned if they will train our employees what needs to be done. Ms. Corrow stated they would provide the tools for the departments to complete and inventory and provide guidance. She stated she has spoken to other managers in the state and they have all been very happy with them. Mr. Fraser questioned if we will be on our way if we go with this before Ms. Corrow leaves. Ms. Corrow stated they would as Melansen and Heath can get here early in June to get the 2007 audit done and will get us on our way to be GASB compliant for 2008. Ms. Corrow stated she does not have a lot of faith in getting anyone else if we do an RFP. Mr. Fraser made a motion to move forward with Melansen and Heath as the towns auditing firm; seconded by Mr. Denning, vote was 5-0. Mr. Denning stated he believes Ms. Corrow’s recommendation is the best.
Selectboard Items
Mr. Milbrand stated he attended the presentation at the Conservation Committee regarding the upper dam. Mr. Milbrand stated everyone had their own opinion on what to do but Freudenberg is the property owner. Mr. Milbrand stated many of the surrounding property owners had questions. Mr. Denning stated he does have some questions and would like to discuss them with Freudenberg and PSNH as they seem to be the players. Mr. Alpers stated the Conservation Commission has to sign a dredge and fill application before it goes to the state for a permit. Mr. Van Derven questioned what made this issue come up again. Ms. Corrow stated the liability issue and the attorneys were ready to move forward. Ms. Corrow stated as soon as they came to an agreement they wanted to get the permits. Mr. Denning stated the ownership is the big question. Mr. Alpers suggested inviting them in.
Mr. Alpers stated the board received a tax deferral for Map 112 Lot 101. He explained this is not an abatement, the property owner is requesting to have their taxes deferred and they will be paid back upon sale of the house. Mr. Fraser made a motion to approve the deferral, seconded by Mr. Van Derven, vote was 5-0.
Mr. Van Derven felt we were not getting a very good response from the advertisement for the Town Manager through the login and suggested we do more advertising. Mr. Alpers stated advertising in a paper like the Union Leader is very expensive. Ms. Corrow stated she can look for more websites. Mr. Alpers thought the Union Leader is linked with Monster.com and suggested that may be cheaper. Ms. Girona stated her help wanted is free and her deadline is tomorrow.
Mr. Alpers stated the board would go along with the proposed schedule for additional work sessions as presented by Ms. Corrow.
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 9:22 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. Joe Denning; seconded by Mr. Don Milbrand; vote was unanimous.
The meeting was adjourned at 9:55pm
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