Select Board Minutes 01.28.13

TOWN OF BRADFORD
SELECTMEN’S MINUTES
JANUARY 28, 2013
5:30PM

The Pledge of Allegiance was said.

Call To Order and Roll Call:

Harry Wright, Chair called the meeting to order at 5:50pm. with Barry Wheeler, Sonny Harris, Cheryl Behr, Administrator, Marilyn Gordon, Treasurer and Marge Cilley, Secretary.

Harry Wright, Chair relayed the bad news of the two car crash in Hillsboro on Route 202 which took the lives of the Rick Monahon, and his wife Duffy. Rick was the Architect involved with the Town Hall Restoration and both of them great people.

Review and Consideration of the January 14, 2013 minutes:

Motion was made by Sonny Harris to approve the minutes as presented. Seconded by Barry Wheeler. Motion carried 3-0.

Appearances:

Peter Isham came before the Selectmen regarding Dunfield Road which a 1951 Town Report stated was closed. It is a snow plow turn around. Peter advised that several years ago, there was some fill dumped onto his property. Peter stated that what he would like to do is establish a property line and either restore the land as it was originally or the town take the land where the fill was dumped. With Peter Isham’s permission the Town can still turn around there and they will not take this by eminent domain. It was stated there is a survey of the property.

Fire Chief – Generator:

Chief Goldberg came before the Selectmen to discuss the Generator and stated it was a unanimous decision of the Fire Department to take the $10,000 from the fire department repair funds and put it towards the purchase of the Generator. Chief Goldberg advised the diesel is more reliable and fuel can be found more readily in an emergency. This is an outdoor package per Mark for $37,000 complete. This is a CAT Generator with a 130 gal. tank. This is considered more reliable with service readily available. This would exercise weekly. The current generator in use has been there since 1994 and is a 1985 model. There are no parts available for the current 17K generator. Propane would use 2/3 the amount of fuel as a diesel. It was also advised that scrubbers would increase the work load of a generator if needed. After much discussion, it was suggested this be brought up for education and conversation at Town Meeting.

Chris Mock – Forestry Issues:

Chris Mock came before the Selectmen in his dad’s behalf. There has been an Intent to Cut on the Hall property and he is asking permission to set up a chipper to be used on a staging ground. He indicated that Matt Ordway has already discussed using the Naughton property with the Selectmen, and there is no conflict. Chris advised they will provide general Liability on his father’s property. And, the Historical Society land will be cleared with no Intent to Cut required on town property. The total amount of clearing was estimated at three boxes of chips or around 75 – 80 ton. It was also stated the land will be clean when done. The Selectmen concurred this is permissible.

Michele Halsted – Town Meeting Babysitting Availability:

Michele Halsted was not on the Agenda, but approached the Selectmen in requesting the approval of offering non partisan free baby sitting services at Town Meeting. This would be paid for completely out of contributions/ donations with no charge to parents. This would also include custodial services after the fact. Kathy McKenna has checked with the school who approves in principle as long as there is no charge to parents. It was stated that Michele should check with Police Chief Valiquet regarding policies, which she has agreed to do.

Regular Business:

Marlene Freyler questioned the Select Board as to how many applications were received regarding the Road Agent’s position that has been advertised. Harry Wright, Chair advised it is in the process of review. There were three applications received, one beyond the target date.

Accounts Payable and Payroll Manifests were reviewed and signed.

Warrant Articles were reviewed with discussion regarding leasing a Police Cruiser as opposed to purchasing. It was stated that an estimate of $3500.00 in fuel savings would be realized with the purchase of a new cruiser. At the end of a four year lease, it can be purchased for $1.00 per Harry Wright, Chair. Current cruisers are 2005, 2009 and 2013. The 2005 cruiser would be replaced. Cheryl advised there is a Fiscal Funding Clause which takes into consideration mileage. Much discussion ensued.

The armored car was brought up with the cost to the town with the suggestion the money that is spent on that be put towards the lease for a cruiser.

Warrant Article Ten: The re-wording was put on this Warrant to be a Lease/Purchase, with no decision made this evening.

Cheryl Behr advised there are two Warrant Articles, Number Seven and Article Eight that are included in the batch of Warrants but have not been submitted for the Selectmen’s review and will not be until the Petitions have been submitted.

Article Twelve: regarding a sum of Fourteen Thousand dollars for the BradfordAreaCommunity Center. Waiting for further information from Peter Steffansen, a structural engineer. Hold for now.

At this time, the Secretary asked Cheryl for a copy of the Warrant that was being perused by the board for continuity.

Article Four: Article Four is “To see of the town will vote to raise and appropriate One Million Six Hundred Thousand Dollars ($1,600,000.00) (gross budget) to renovate the Bradford Town Hall at Map 16, Lot 92, Etc.” Harry Wright, Chair advised the Contract Manager has had the Hazard Materials investigation done and the results only came back late last Friday. The intent was to have for this meeting, the guaranteed maximum price, however there just wasn’t time. This should be accomplished shortly, and be presented at the next Selectmen’s meeting. The consensus was for the Selectmen to hold off on this until the figures are made available.

Article Five: To see if the town will vote to raise and appropriate Six Hundred and Seven Thousand Dollars ($607,000.00) (gross budget) to repair and rebuild asphalt roads in Bradford and to authorize the issuance of not more than Six Hundred and Seven Thousand Dollars ($607,000.00) of bonds or notes in accordance with the provisions of the Municipal Finance Act (RSA Chapter 33) and to authorize the Selectmen to issue and negotiate such bonds or notes and to determine the rate of interest thereon, the term and other details. The roads to be repaired include Old Warner Road, Rowe Mountain Road, Sunset Hill Road, West Road, Greenhouse Lane, Pleasant View and Fairgrounds Road.

Harry Wright, Chair advised he would like to see a break down of the dollar amount for each road prior to making a decision.

Article Five was revisited at this time.

Barry Wheeler questioned what became of the metrics that had been put together for the Highway Department, shouldn’t they be made public? This consisted of a comparison week to week between last year and this year. Cheryl will see that this gets in front of the public. It was also stated $10,000.00 has been saved in fuel costs and the achievements were done with three men as opposed to five.

At this time, in reply to a question, Barry Wheeler broke down what each road involves as to number of culverts, rocks, gravel delivered, length of road and dollar amount.

Barry was thanked for his input.

Question was asked if there is a comprehensive plan for roads in town to which a reply was there has not been a long range program.

Harry Wright asked Barry Wheeler if he could have his figures so he can put them on a spread sheet.

Article Five: revisited-

Motion was made by Sonny Harris for the Selectmen to recommend Article Five at $607,000.00. Seconded by Harry Wright.

Barry Wheeler Abstained. Motion carried 2-0.

Article Nine: Approved previously by Selectmen.

Article Eleven: Approved previously by Selectmen.

Discussion suggested the wording on this could be conditional upon the receipt of the Grant for the generator.

Article Thirteen:

Selectmen already recommend.

Article Fifteen:

To see of the Town will vote to raise and appropriate the sum of Fifty Thousand Dollars ($50,000) for asphalt road repairs and shimming. Remaining balance on this non lapsing account is $34,071. This article will be used to fund the paving of Fairgrounds Road if the Road Bond (Article 5) is defeated. This will be non lapsing and continue until the project is complete or December 31, 2018.

Motion was made by Harry Wright to recommend this article as written. Seconded by Sonny Harris. Motion carried 3-0.

Cheryl advised she has done as much on the MS7 as she can right now.

It was stated all Capital Reserves are in one Article.

Suggestion for the Police Chief to come in again regarding the cruiser.

Bond Hearings date: Monday, February 18, 2013 at 7:00pm after the Selectmen’s meeting at 7:00pm. at the Bradford Community Center.

This will be for the Highway Bond and The Town Hall Restoration Bond.

Deeds were signed.

Lois Kilnap was thanked for painting the Transfer Station office with recycled paint.

A letter was read from the Planning Board regarding property on Center Road owned by Douglas Jackson stating a letter had been forwarded with no response. Sonny Harris advised he had spoken to him and he will be in to see the Planning Board.

The following “Adopt RSA 31:105 Liability for Damages, Limited, Indemnification, Insurance” was read into the minutes by Cheryl Behr.

TITLE III

TOWNS, CITIES, VILLAGE DISTRICTS,

AND UNINCORPORATED PLACES

CHAPTER 31

POWERS AND DUTIRES OF TOWNS

Liability for Damages Limited, Indemnification, Insurance

Section 31:105

31:105 Indemnification for Damages – A city, town, county, village district or precinct, school district, chartered public school, school administrative unit, or any other municipal corporation of political subdivision may by a vote of the governing body indemnify and save harmless for loss or damage occurring after said vote any person employed by it and any member or officer of its governing board, administrative staff or agencies including but not limited to selectmen, school board members, chartered public school trustees, city councilors and aldermen, town and city managers, regional planning commissioners, town and city health officers, overseers of public welfare, and superintends of schools from personal financial loss and expense including reasonable legal fees and costs, if any, arising out of any claim, demand, suit, or judgment by reason of negligence or other act resulting in accidental injury to a person or accidental damage to or destruction of property if the indemnified person at the time of the accident resulting in the injury, damage, or destruction was acting in the scope of employment or office.

Source 1973, 595:1. 1991, 72:2. 1995, 260:2, eff. July 1, 1995, 2008, 354:1, eff. Sept. 5, 2008, 2010, 214:2, eff. Jan. 1, 2011.

Motion was made by Sonny Harris to adopt the above RSA Section 31:105. Seconded by Barry Wheeler. Motion carried 3-0.

Motion was made by Sonny Harris to go into Non Public meeting per RSA 91A3IIc – Legal issues at 7:30pm. Motion seconded by Harry Wright.

Harry Wright, Chair Yes Sonny Harris Yes Barry Wheeler Yes

Respectfully submitted

Marjorie R. Cilley

Secretary