TOWN OF BRADFORD
SELECTMEN’S MINUTES
FEBRUARY 2, 2010
5:00PM
The Pledge of Allegiance was said.
Motion was made by Charles Meany, Chair to go into Non-Public under RSA 91: A-3: II. Motion carried 3-0.
Out of Non-Public Session at 5:06pm.
Call to Order and Roll Call:
Charles Meany, Chair, Peter Fenton, Jack Meaney, Cheryl Behr, and Marilyn Gordon,
Treasurer were present. Marge Cilley, Secretary was absent.
Appearances:
Mark Goldberg, not in attendance at this time.
Laura Hallahan, not in attendance at this time.
Review and Consideration of the previous minutes:
January 26, 2010.
Charles Meany, Chair requested the minutes regarding Dan Perret’s comments on Jan 5, 2010 on the lack of tension, intimidation and fear at Town Sheds be re-opened, reviewed from the tapes and to add the information that seems to have gone magically astray.
Laura Hallahan arrived and advised she had been talking with the Local Government Center, and Neal Kirk and advised it does not seem like this is the year to do anything with HB 86 regarding imposing penalties for violations, because, in order to do so, you really have to have a system in place and a level of fines. We do not have time to do this or know if it is something we really want to do, so we are going to study it. It needs to be investigated further, so we will not be doing a petition on that.
Laura Hallahan advised the letter of January 5, 2010 that the Selectmen kindly wrote regarding some of the issues with down town be rewritten specifically to just three property owners, the only three that the Bradford Improvement Association felt could be in any kind of a violation that might occur. When asked which properties, the three include: Sanborn, Plottner, and Tropeano, the property that is next to the brick house. Charles Meany, Chair explained that some of these are being discussed with information being sent to the Town Attorney. If needed, there may be a Warrant Article on next years Warrant to process claims, as you can’t go to court free. Charles Meany, Chair advised the other two properties, Tropeano is off the board, and Sanborn has sold the property. There are other eye sores and blights around the town that Mr. Meany advised he is not privileged to divulge at this time.
Laura Hallahan felt since the Selectmen are the only enforcing body and if they thought these violations existed, that you would send them a letter with your authority to do so.
Brewster Caswell advised that in the State of NH, if you register a vehicle, it complies with the town law. You have ten days after registration to get said vehicle inspected, after ten days of registration, and uninspected, is not legal for the road. Charles Meany, Chair advised there is no way to enforce this.
Charles Meany, Chair advised the Town can pass an Ordinance or Article by vote of the general public that is more restrictive than RSA, and the same thing with the Building Code. If you want to take a particular RSA that deals with the registration of unregistered vehicles and put a disclaimer in there that says that within ten days of the time of it is registered, it has to be road worthy and inspectable, then that would stop vehicles sitting around. Much discussion ensued.
Laura Hallahan advised that they are also looking into a group of volunteers to offer their services to help people who might just be a medical reason or economic reason why they have certain things going on. Punishment is not the only thing they are after. Laura thanked the Selectmen. Charles Meany, Chair advised they are working on things, and in time things will happen.
Mark Goldberg came before the Selectmen regarding a continuation of a conversation he had with Peter Fenton, Jack Meaney and the Road Agent. Mark advised he is representing Goldberg & Starr Properties, not me personally. Mark reviewed previous comments being, right after the Road Agent started, and they decided to close Jones Road Pit, and talking about reclamation and stuff. One day I was staring out the window at the big hill that separates us to the Jones Road property. He was thinking that maybe there is a deal that could benefit both the town, and the property. He is making the assumption that the town is running out of gravel because of the 50 foot requirement from the property line for excavation. The town abuts our property in two spots. A map was looked at, at this time showing the two spots. Mr. Goldberg advised his thoughts are that they allow the town to excavate the rest of that hill, plus talk to the State. There are 40 acres there with two accesses onto Route 114. What they are looking for is to swap the gravel for the price to reclaim the land. After the estimate of the cubic yards of gravel in that area and the cost of reclamation is decided, then it could be decided if it were a worth while deal. Charles Meany, Chair advised the Selectmen will peruse this to see if it is viable.
Jeff Remillard, Road Agent came before the Selectmen and advised the gravel pit just discussed is what needs to be talked about the most. He advised he has talked with the State regarding taking that banking down and they are on board. Jeff advised it would be a good idea to take the gravel out of there, and it would shed light on Route 114. Charles Meany, Chair advised as Mark Goldberg suggested, the available cubic yards needs to be calculated for value. There needs to be written confirmation of approval from the State.
Jeff also suggested they need to get material in preparation of mud season. Suggested breaking up all the boulders that came from the town hall parking lot, now in the pit behind the transfer station. Charles Meany, Chair questioned Barry Wheeler what problems he had regarding to crushing, like time of year, noise? Are we going to have the same problems if we try to crush out in the back end of that dump? Jeff advised he would like to try something that goes on the skid steer that can break up 4 foot rocks. Jeff advised he would like to get onto the crushing as soon as possible and will check out the above. Peter Fenton questioned where the money would come from and Jeff replied out of contracted services.
Cheryl Behr, Administrator advised that the way the budget laws are written, up to 30% of the budget in the first three months of the year can be spent. Brewster Caswell questioned Jeff as to how much material he has to crush and Jeff advised he needs to get it all gathered up in one area prior to the crusher coming in. Peter Fenton questioned how much the rent is on the crusher and Jeff said it is $1700.00 per day. Cheryl Behr, Administrator advised the total Highway operating budget is $383,000.00 and 30% of it would be approximately $100,000.00. Jeff advised he will donate the use of his excavator again to the town, as well as a rock truck to move rocks, if that is what they want. They would have to put fuel in it and move it up here.
Motion was made by Peter Fenton for Jeff Remillard, Road Agent to go ahead with looking into the crushing project. Seconded by Charles Meany, Chair. Motion carried 3-0.
Jeff Remillard, Road Agent was questioned on how much the hammer would be to use on the skid steer and he advised it would be rented for a week or month which is cheaper. It was also pointed out that it is also a much less machine.
Cheryl Behr, Administrator read the following letter into the minutes that the Selectmen will sign.
Dear Vendor:
The Town of Bradford has had some difficulty with citizens contacting our vendors claiming to represent this office. And inquiring on pricing and purchases made by the Town of Bradford.
We request you deal only with the following Department Heads.
Highway Jeff Remillard
Town Administrator Cheryl Behr
Selectmen Charles Meany, Peter Fenton, Jack Meaney
Community Center Kate Dobrowski
Transportation Ken Anderson
Thank you.
Cheryl Behr, Administrator advised this will go out to all the Vendors.
WARRANTS
7:00PM on March 9, 2010, The Inhabitants of the Town of Bradford in the County of Merrimack in said State qualify to vote in town affairs. You are hereby notified to meet at the Bradford Elementary School, on Old Warner Road in said Bradford, New Hampshire on Tuesday, the 9th of March at 8:00 in the morning to act on the following Articles. To vote on necessary Town Officials is Article 1. Article 2 is a Zoning Ordinance on Signs, Article 3 is a Zoning Ordinance on Work Force Housing. Article 4 is to adjourn the meeting until Wednesday, March 10, 2010 at 7:00pm at the Bradford Elementary School, on the Old Warner Road. The raising of money and remaining articles of the Warrant will be taken up at the adjourned meeting.
Article- To see if the town will vote to raise and appropriate the sum of one million eight hundred sixty five thousand, nine hundred and forty one dollars ($1,865,941.00) Then the operating budget will be listed.
5. To see if the town will vote to raise and appropriate the sum of Six Hundred Thousand Dollars ($600,000) for the construction of sidewalks on East Main Street, and to authorize the withdrawal of Twenty One Thousand one Hundred Sixty Eight dollars ($21,168) from the Main Street Improvement Capital Reserve. Fifty Thousand Dollars ($50,000) from the unexpended fund balance as of December 31, 2009 and to raise and appropriate the balance of Forty Eight Thousand Eight Hundred and Thirty Two dollars ($48,832) to be raised by taxation. This is a non lapsing appropriation and will continue until completed or December 31, 2015. “This appropriation is conditional upon the receipt of a Grant from NH Department of Transportation Enhancement Grant, (TE Grant) in the amount of four hundred and eighty thousand dollars ($480,000)-80% of the project. The Grant award will be announced in the spring of 2010. Selectmen Recommend Unanimously- Budget Committee Recommend Unanimously
6. To see if the Town will vote to raise and appropriate the sum of Twenty Thousand Dollars ($20,000) to be placed in the Fire Department Heavy Equipment Capital Reserve Fund. Selectmen Recommend Unanimously – Budget Committee Recommend Unanimously
7. To see if the Town will vote to raise and appropriate the sum of Fifteen Thousand One Hundred Fifty Dollars ($15,150) to repair the Town Clock. Selectmen Recommend Unanimously – Budget Committee Recommend Unanimously Cheryl Behr, Administrator advised the Insurance is being checked into.
8. To see if the Town will vote to appropriate the sum of Five Thousand Dollars ($5,000) to be placed in the Fire Department Building Repair Capital Reserve Fund, and to fund this appropriation by authorizing the withdrawal of Five Thousand Dollars ($5,000) from the unexpended fund balance as of December 31, 2009 with no money raised by Taxation. Selectmen Recommend Unanimously-Budget Committee Recommend Unanimously.
9. To see if the Town will vote to establish a Town Communications Equipment Capital Reserve fund and to raise and appropriate the sum of Five Thousand Dollars ($5,000) to be placed in this Fund and to appoint the Selectmen as agents to expend. Selectmen and Budget Committee Recommend.
10. To see if the Town will vote to raise and appropriate the sum of Ten Thousand Dollar ($10,000) to be placed in the Ambulance Capital Reserve Fund. Selectmen and Budget Committee Recommend
11. To see if the Town will vote to raise and appropriate the sum of Thirty Thousand Dollars ($30,000) to be placed in the Highway Department Heavy Equipment fund. Selectmen and Budget Committee Recommend
12. To see if the Town will vote to lease purchase a backhoe for the Bradford Highway Department and to raise and appropriate Eighteen Thousand four Hundred Thirty Three Dollars ($18,433) for the first year payment on a five year lease. Motion was made by Jack Meaney to accept the five year lease for a new backhoe. Charles Meany seconded, Motion carried 3-0. Selectmen Recommend Unanimously. Discussion ensued regarding purchase price of $94,475 and who is responsible for machine maintenance and breakdowns. Cheryl Behr, Administrator advised there is an extended Warranty option with Caterpillar for $2500. It was suggested that money for the extended warranty be included in the lease price. Peter Fenton stated that Departments need to get the information in earlier.
13. To see if the Town will vote to establish the Highway Heavy Equipment Repair Capital Reserve Fund and to raise and appropriate the sum of twenty thousand Dollars ($20,000) to be placed in this fund. Selectmen are agents to expend. Peter Fenton stated he would withdraw this article. After discussion, Peter withdrew his withdrawing the article. Motion was made by Charles Meany, Chair to accept the Article. Seconded by Jack Meaney. Motion carried 3-0.
Much conversation ensued between the floor and the Selectmen. Also discussed was the need for CIP to be upgraded. It was stated that this is the Planning Board’s responsibility to do. Charles Meany, Chair advised that Sam Fortune, Highway crew has been elevated to a Road Scholar II, there being 4 levels of Road Scholar, so he is at the second level. Another thing about the Road Crew, Danny Perret is retiring with Thursday, Feb. 4, 2010 being his last day. There is going to be a little retirement celebration for him at 11:00am at the Highway Garage.
14. To see if the Town will vote to raise and appropriate the sum of One Thousand Dollars ($1,000) to be placed in the Gravestone Repair Expendable Trust. Selectmen Recommend Budget Committee Recommend.
15. To see if the Town will appropriate the sum of Five Thousand Dollars ($5,000) to be Placed in the Town Building Emergency Capital Repair Fund, and to authorize the withdrawal of that amount from unexpended fund balance as of December 31, 2009. There is no money raised from taxation.. Selectmen Recommend Budget Committee Recommend
16. To see if the Town will vote to appropriate the sum of Five Thousand Dollars ($5,000) to be placed in the Town Building and Facility Renovation Capital Reserve Fund, and to authorize the withdrawal of that amount from unexpended fund balance as of December 31, 2009, with no money to be raised from taxation Motion was made by Charles Meany, Chair to approve this Article. Seconded by Jack Meaney. Motion carried 3-0 Selectmen Recommend
17. To see if the Town will vote to raise and appropriate the sum of Five Thousand Dollars ($5,000) to be placed in the Police Facility Capital Reserve fund. Motion was made by Jack Meaney to approve this Article. Seconded by Charles Meany, Chair. Motion carried 2-1. Motion withdrawn. Article will be pulled.
18. To see if the Town will vote to raise and appropriate the sum of Forty three Thousand nine hundred eighty four dollars ($43,984) to purchase and outfit a 4 wheel drive Police Cruiser. Motion was made by Peter Fenton to remove Article 18. Seconded by Jack Meaney. Motion carried 2-0.
19. To see if the Town will vote to raise and appropriate the sum of Ten Thousand Four Hundred Dollars ($10,400) for the first year of a three year lease to own Police Cruiser. The total amount of the purchase over three years will be Thirty One Thousand Two Hundred Dollars ($31,200). Motion was made by Jack Meaney instead of doing a lease, we should purchase it for Twenty Four Thousand, Two Hundred Twenty Five Dollars ($24,500) and using the equipment from the old cruiser. Peter Fenton seconded. Motion carried 2-0.
20. To see if the Town will vote to establish a Bridge Design and Build Capital Reserve Fund and raise and appropriate the sum of Thirty Five Thousand Dollars ($35,000) to be placed in this fund. Selectmen are agents to expend. Selectmen Recommend Budget Committee Recommend
21. To see of the Town will vote to raise and appropriate the sum of Twenty Six Thousand Dollars ($26,000) to replace the roof on the Bement Covered Bridge, with corrugated metal roof. This will be non lapsing and continue until the project is done or December 31, 2015. Selectmen Recommend Budget Committee Recommend
22. To see if the Town will vote to raise and appropriate the sum of Forty Thousand Dollars ($40,000) for asphalt road repairs and shimming. This will be non lapsing and continue until the project is complete or December 31, 2015. Selectmen Recommend Budget Committee Recommend
23. To see if the Town will vote to raise and appropriate the sum of Fifty Four Thousand Dollars ($54,000) for road reconstruction of County road. Selectmen Recommend Budget Committee Recommend
24. To see if the Town will vote to raise and appropriate the sum of One Hundred Ten Thousand Dollars ($110,000) for the reconstruction and resurfacing of Sunset Hill Road, for Phase I of III. This will be non lapsing and will not lapse until the project is complete, or December 31, 2015. Motion was made by Charles Meany, Chair to approve this Article. Seconded by Jack Meaney. Motion carried 3-0. Conversation ensued with the public. Peter Fenton advised he did feel the Road Crew should not be doing this work, not knowing how they could do anything else while doing this. Jeff Remillard advised they would have rented trucks so probably three of the Bradford road crew would be up there, and two do road grading and roadside mowing and any incidental.
25. To see if the Town will vote to raise and appropriate the sum of Forty Thousand Dollars ($40,000) for the 2010 recertification of Property assessments as required by The Department of Revenue. Twenty Five Thousand Dollars ($25,000) will be Withdrawn from the Revaluation Capital Reserve and Fifteen Thousand Dollars ($15,000) will be raised by taxation. Selectmen recommend Budget Committee recommend
26. To see if the town will vote to appropriate Fifteen Thousand Dollars ($15,000) to make an additional principal payment on the Town Highway Garage long term Note, and to authorize the withdrawal of this amount from the unexpended fund balance as of December 31, 2009, with no additional money to be raised from taxation. Selectmen recommend Budget Committee recommend
27. To see if the Town will vote to raise and appropriate Five Thousand Dollars ($5,000) to fund the Boat Launch. Selectmen recommend Budget Committee recommend
28. To see if the Town shall vote to adopt the provisions of RSA 36-A: 4-a, (b) to Authorize the Conservation Commission to expend funds for contributions to “qualified organizations” for the purchase of property interests, or facilitation Transactions related thereto, where the property interest is to be held by the Qualified Organization and the town will retain no interest in the property. Submitted by petition.
29. To see if the Town will adopt the provisions of RSA 72:66 for a property tax exemption on real property equipped with a wind powered energy system which exemption shall be in the amount of 100% of the assessed value of the wind powered energy system up to $35,000 until rescinded. Submitted by petition.
30. To see if the Town will vote to raise and appropriate Two Thousand Seven Hundred and Fifty Dollars ($2,750) to support the Bradford Newbury SuttonYouth Sports. Submitted by petition. Motion was made by Charles Meany, Chair that the Select Board neither approves or disapproves of this.
31. The Town Clerk/Tax Collector and the Selectmen’s Office will be open to the Public 35 hours per week and not to exceed 35 hours. The office hours for both will be conducted Tuesday through Friday as follows: Tuesday, Wednesday and Friday 7:30am to 12:00pm 1:00pm to 5:00pm. Thursday 8:00am to 12:00pm, and 1:00pm to7:00pm. The lunch hour is unpaid. The Town Clerk/Tax Collector will be Open to the public the last Saturday of the month from 8:00am to 12:00pm of each month except on holidays that fall on Saturday they will be open the following Saturday. The office hours for that week will be the same except for the morning hours on Thursday and Friday which will be 7:30am to 12:00pm, not to exceed 35 hours. Having the office open for the same hours will give the residents more opportunity to conduct their business in person at the town hall. Office Hours will be posted for the entire calendar year on January 1. By petition.
32. The Road Agent is an appointed position and the requirement will include that the Road Agent must reside in Bradford or one of the abutting towns. By Petition
33. Petition for making Maple View Drive a Town Road. We the residents of Bradford, New Hampshire request that the privately owned road of Maple View Drive be converted to a Town owned and maintained road. B By petition.
34. To see if the Town will vote to approve the following resolutions to be forwarded to our State Representative, our State Senator, Speaker of the House and Senate President. Regard: The citizens of New Hampshire should be allowed to vote on amendment to the New Hampshire Constitution.
35. To see if the Town will vote to direct the Selectmen to sell the Caterpillar skid steer purchased in 2009 without the approval of town meeting. By petition.
36. To see if the Town will vote and to raise and appropriate the sum of eight thousand Five Hundred Dollars ($8,500) for the continuation of the Nature’s Circle Summer Youth Camp for youths. This amount is to be used for payroll expenses and camp Counselors, transportation and supplies used to conduct the quality day camp for Bradford area children. This amount is to be offset by fees and donations collected for the camp as has occurred in 2008 and 2009. By Petition. Motion was made by Jack Meaney that the Selectmen do not accept this. Peter Fenton seconded. Motion carried 2-0. Charles Meany, Chair left at 6:45pm.
Jack Meany advised there have been questions on sidewalk maintenance in different towns and we have received e-mails from Public Works Net. One is from the town of Claremont which they used a Bobcat for snowblowing sidewalks and it cost over fifty thousand ($50,000) dollars with the attachments. They also have a Bombardier tract machine which is strictly for sidewalks which is expensive to maintain and the cost was one hundred thousand dollars ($100,000.) The town of Ashland is about in the same boat and their cost is about $16.00 to $28.00 a foot to construct and maintain. Just to sweep is roughly $950.00. The town of New Durham is looking at the same thing, and are looking at regular sidewalk plows to tractors.
Jack Meaney also advised he has a book from the Local Government Center regarding Legal Decisions, and this one has to do with Road Maintenance which states: “The town must keep the sidewalk clear of snow and ice under ADA. (American Disability Act) and this has to do with the town of Tilton. (Tinker versus Commissioner) Under ADA, Governmental Agencies are required to maintain public facilities in a manner that makes them readily accessible to and useable by persons with disabilities. Jack Meaney stated that basically it states that if it is a public facility it will be maintained and kept open.
Jack Meaney advised to clarify the letter that had been written, someone had taken it upon themselves and it is upsetting, to the point it almost queered the deal for the back hoe, by calling down to Beauregard at three o’clock the other afternoon that they were from the Selectmen’s office, and the 3rd and 4th gear on that transmission did not work and the fact is the transmission is junk. At that point, Beauregard called the Town Garage on Friday morning. Jack allowed he personally talked with the person, and they were only going to give $5,000.00 for the piece of equipment. Someone called Caterpillar today, and they would not talk with them. This does need to stop. If you do not want us to take care of the sidewalk, with the big issue of keeping Main Street on Main Street, then it can be brought up at Town Meeting.
Returned to Articles 18 and 19 at this time.
Cheryl Behr, Administrator advised at the next meeting, February 16, 2010 the bids will be opened on the West Brook Bridge. The deadline for the bids is at 5:00pm on February 12, 2010. FDA will be here to open the bids along with the contractors, followed by the Selectmen’s meeting, at 5:00pm.
Motion was made and seconded to adjourn the meeting.
Respectfully submitted
Marjorie R. Cilley
Secretary