TOWN OFBRADFORD
SELECTMEN’S MEETING
NOVEMBER 26, 2012
5:30PM
The Pledge of Allegiance was said.
Call to Order and Roll Call:
Harry Wright, Chair called the meeting to order with Sonny Harris, Barry Wheeler, Cheryl Behr, Administrator and Marge Cilley, Secretary present.
Marilyn Gordon, Treasurer was absent.
Public Hearing on Chivers Recycling permit:
Martyn Chivers, Recycling Center 10 BreezyHill Road, Map 3,Lot74A and 74B.
In regard to RSA 236, there are two documents required in order to operate a junk yard. A License to Operate and a Certificate of Approval. Tonight they are discussing the License to Operate.
Marcia Keller, Chair Planning Board advised the Planning Board was involved in this as there was a Site Plan required, and prior to that, the Zoning Board of Adjustment was involved as the Zoning Ordinance requires a Special Exception for a junk yard. The permitting process, application for the licensing, application for certificate of approval and all the sections that follow are the Selectmen’s (governing body) responsibility.
Motion was made by Barry Wheeler to approve the Martyn Chivers Junk Yard License on10 Breezy Hill Road, Map 3,Lot 74A & 74B contingent upon all regulations having been met. Seconded by Sonny Harris. Motion carried 3-0.
Harry Wright, Chair stated that the question of set back from Route 103, the question being from600 feetwhich would be better for the property and660 feetthat is required by the State. In reply to a question, Mr. Chivers advised 450/500 feet is what he is looking for. Mr. Chivers was asked for a general description of his proposed recycling of cars so the public knows what is in question. Mr. Chivers advised where they would like him to put the facility there would be massive disturbance to the land, a lot of clear cutting to do, thousands of yards of material to be moved. The original plan, lower on the property would be non-visible. Mr. Chivers stated that a four month project has turned into sixteen months, and has been extremely expensive.
It was suggested that the Applicant advise the public in attendance what he is doing and where. Mr. Chivers stated that he would like to put a recycling yard on his property at10 Breezy Hill Road. There will be a weigh bridge over which he will buy the vehicles, and send it right back out. There will not be junk cars everywhere, they will basically be crushed and removed. This will be located behind where the school busses are kept now. Right now, they have this project on his mountain, and he would like to put it down on already prepared land. If they are required to put it on the mountain, there would be approximately16,000 yardsof material to be moved. Mr Chivers advised he does not feel that much land should be disturbed when it would fit perfectly at the bottom of the mountain.
Mr. Chivers advised he will be submitting a modified ordinance at Town Meeting to change the footage requirement from 660 to455 feet.
The town governing body (Selectmen) has to issue a license prior to going to the state who basically controls a junk yard. Voting tonight gives Mr. Chivers the ability to carry on with the process and go to the state.
Public Hearing for the Chivers Recycling Licensing was closed.
Motion was made by Harry Wright to approve the November 12, 2012 minutes with the following edit, on page 5 under Community Center the $9200.00 is actually the account number and not dollars, so should reflect at #9200. Seconded by Barry Wheeler. Motion carried 3-0.
Harry Wright, Chair advised that on Friday, December 11, 2012 at 9:00am the monthly meeting of the Central New Hampshire Regional Planning Conference Transportation Advisory Committee will be held. Guest speaker is Chris Clement, who is Commissioner of N. H. Department of Transportation. This is open to the public and will be held in the Bow Municipal building and the public is encouraged to attend.
Harry Wright, Chair advised the Lake Massasecum Association thanked the Highway Crew for their quick clean up of blown down trees in French’s Park, of which there were four.
Harry Wright, Chair mentioned the Letter to the Editor in the Concord Monitor congratulating the town for the 87% voter turn out. He went on to state that a middle aged woman voted for the first time and an 18 year old voted on his birthday.
Harry Wright, Chair advised there was a Non-Public meeting on November 12, 2012 with two votes taken: 1. Vote 2 to 1 to terminate the relationship with the Attorney, the Mitchell Group. Sonny Harris and Barry Wheeler voted to terminate, Harry Wright, Chair voted against. 2. Voted to hire the firm of Gardner, Fulton and Waugh as Town Attorney, at least for the time being. That was an affirmative vote of 3-0.
Harry Wright, Chair advised that since there is some added time to the legal issues we have, and some expense, the public deserves to know the thought process behind the vote to terminate the Mitchell Group. Sonny Harris advised his opinion is that with people he has talked with in town is that they have not been too happy with some of the attorney’s decisions and we have paid a lot of money, and the insurance companies have paid a lot of money. Mr. Harris also advised that throughout the region, he has heard the reputation of Bradford is go to work for them and you can sue and get a free ride, and that is not a good reputation to have. He also went on to say the attorney was not representing the town’s interest in the manner of which they could. Also the way the whole situation was handled, a good fresh look is a good idea. Harry Wright, Chair advised one thing that troubled him was that the after events of the vote, you had agreed to tell the Mitchell Group that we had terminated them and I understand you had called them at 7:30 am prior to business hours, and you sent them an e-mail. Sonny Harris replied I sent them a very kind e-mail. Harry Wright, Chair advised the perception of Bradford stuff, I can hear it now,Bradfordfired their attorney and didn’t even have the guts to give them a call. I think a personal contact should have been there.
Cheryl Behr advised the Mitchell Group did not defend us in any of the personnel matters, with the exception of the current one because of litigation.
Conversations ensued, stating concerns previously stated.
Perry Teele questioned if there is any possibility the Selectmen can terminate him without pay, right now, tonight? Harry Wright, Chair advised with all that is going on, it would be imprudent for them to do that right now. The new Attorney advised they need to talk quickly and to take action as soon as possible. Another question was asked if the new Attorney was hired because of this case or in general to which the reply was, in general. Sonny Harris advised they have followed the advise of the previous attorney so far, and it has cost the town a lot of money.
Transfer Station – Budget:
Cheryl Behr advised Lois Kilnap, Manager was unable to attend tonight, but gave the budget to Cheryl.
#4323 Solid Waste Collection: Last year’s budget $$48,615.75. This year’s pending
budget $54,545.00.
#4324 Solid Waste Disposal: Last year’s budget $39,500.00 This year’s budget
$40,100.00.
Cheryl Behr advised there are issues with the payroll budget which need to be discussed.
There is now a full time Transfer Station Manager and allowing for part time attendants plus vacation.
Motion was made by Sonny Harris to approve the Transfer Station Budget as presented with the exception of the payroll numbers. Seconded by Harry Wright. Motion carried 3-0.
Rescue Squad:
#4225 Rescue Squad, $70,860.00 – Laurie Brown advised the Rescue Squad would like to level fund. They will re-arrange their categories some, but no increase.
Motion was made by Barry Wheeler to accept the Rescue Squad budget as presented.
Secondeed by Sonny Harris. Motion carried 3-0.
Fire Department:
#4220 Fire Department $61,500.00 which is a little bit less than a 4% increase over last year per Chris Frey. Cap. Dispatch, Hazmat, Electricity, Training, State Certification
(when completed are paid back) Building Maintenance, Flow Test, Air Packs are some of the expenses that have increased causing the overall increase.
Motion was made by Barry Wheeler, seconded by Harry Wright to approve the Fire Department budget. Motion carried 3-0.
Marlene Freyler congratulated Cheryl Behr for her part in the completion of theEast Main Streetand new sidewalks. There will be a Ribbon Cutting on December 8, 2012 at 4:00pm., beginning at Route #103.
Police Department:
#4220 Police Department is asking for $1,661.72 decrease from last year.
Perry Teele questioned what is the police doing out in an armored personnel carrier that he had seen several times in the past month. Police Chief, Jim Valiquet advised it is owned by 501C3, Central New Hampshire Special Operations of which they are a member. Chief Valiquet advised we store it, we do not gas it nor maintain it. Bradford Police do respond in it to calls inCentral New Hampshire. Perry Teele went on to advise that he has three concerns. 1. Department Under the current Federal Administration, The Homeland Security, by Presidential grant, has been given total, total control over all citizens if they deem necessary. 2. Department of Homeland Security has purchased in just the past three months, two billion rounds of ammunition, two billion rounds of ammunition. 3. Department of Homeland Security has just purchased 2,300 Armored Personnel Carriers. Police Chief Valiquet advised this is cock and bull when related to the Bradford Police Dept. He went on to advise they are a private charity, as a 501C3 and they have no ties with the Federal Government. The armored car is to protect the N H people per Chief Valiquet. This vehicle is being housed inBradfordso they can make an immediate response as quickly as possible and protect police officers. This 1983 unit is called a Peace Keeper and has been here for three years. They go as far north asLincoln. The town pays for their crew that goes out with the unit. The previous cost was $2,600.00 and will now be $3,000.00.
A quality sign was suggested being looked into by Sonny Harris. Discussion ensued and Chief Valiquet thought it a good idea, and will check into it further for around $3500.00. A Warrant Article was suggested.
Motion was made by Sonny Harris to approve the Police Budget. Seconded by Barry Wheeler. Motion carried 3-0.
Planning Board – Don Jackson follow-up on September 25, 2012 letters:
Don Jackson stated he was at the Selectmen’s meeting to follow up on the September 25th letter to the Selectmen and to also review the responsibility of the Building Inspector.
One concern is the building expansion at the former Battles Farm. This is being resolved at tomorrow evenings Planning Board as the owner is coming in.
Don Jackson also advised there is concern on the house that was build on East Washington Road where a 2007 plan was rejected and a 2010 revised plan was approved, but the building was built to the 2007 rejected plan. The duties and responsibilities of the Building Inspector need to be updated and enforcement needs to be upheld and apply to everyone and not be selective. Harry Wright, Chair advised the Building Inspector will be talked with regarding regulations, duties and responsibilities.
Sonny Harris advised that the home owner could go to the ZBA for a variance. It would not be fair to the homeowner to have to tear down his house because the building inspector was remiss in follow-up.
Don Jackson questioned if sharing Building Inspectors with other towns for better over sites should be something looked into.
Perry Teele, who had been building inspector for 5 ½ years, advised the primary problem with the enforcement was, the building inspector is not backed up. Perhaps a letter from the Selectmen would help reinforce the building inspector’s decisions.
Accounts Payable and Payroll manifests were reviewed and signed.
Harry Wright, Chair mentioned the Dining for Dough dinner at Double Diamond Café on Wednesday, Nov. 27, 2012 from 4:00pm to 10:00pm where they will donate a percentage of the total drink and meal to the Town Hall Restoration project.
The following letter was read by Harry Wright, Chair from Robert Lincoln.
Perry Teele questioned under what authority and by whom was that information released to the public? Harry Wright, Chair advised that the attorneys’ felt that the information had to be shared with the Remillard’s and at that point it was pubic information. TheCountyAttorneystated it would be public in sixty days anyway. We have an e-mail from the Attorneys discussing the alternatives and why they felt it should be considered public. After it was public, we asked that it be held from distribution within town for five days to let the other party have it first. In fact, I understand that much of the information that was provided wound up back in town, long before we were given it. Perry Teele rephrased it by saying the town council said that it would become public information and legally it could be distributed. My question is, who decided to make it public information? Harry Wright, Chair advised theCountyAttorneyactually. Sonny Harris advised he had spoken to theCountyAttorneyand his understanding of the whole process was that this is the protocol; it went from theCountySheriff’s Department to theCountyAttorneyto the Town’s Attorney to Mr. Remillard’s Attorney. Much of the information which was confidential personnel issues which was never to be released to the public. That was what theCountyAttorneytold me, and he was furious when he learned this was released to the public. Second of all, there is a Statute RSA 41A that says the Selectmen have the authority (the majority of the Selectmen have the control) and I protested from the beginning, clearly to our Attorney that this should not be released, especially for the sensitive nature of the material, especially now with social security numbers out with a lot of damage to those listed.
Perry Teele advised he still has not gotten the answer to his question. Who released, who put this stuff out there? Barry Wheeler interjected he too would like to know that.
Much conversation ensued. Perry Teele went on to say that if it was going to be released in 60 days it will be released in 60 days, maybe. But, you don’t release it early just because it is going to be released in 60 days.
Chris Frey suggested that the Selectmen make a policy that in the future only information that they generate can be released by them. If anyone wants something someone else has generated, let them go there to obtain it.
Harry Wright, Chair advised that the conversation with the Attorney said it would be public data. Our Attorney said it was public immediately upon it being given to Mr. Remillard and it was our place to make it public. Perry Teele questioned to whom did she state it and Harry replied to all three of them via e-mail. Sonny Harris advised she had no authority to do that and furthermore, the LGC Attorneys I talked with disagreed with what she had to say about that. Harry Wright, Chair advised the LGC had this much information and our Attorney’s has this.
Harry Wright, Chair stated well, I guess it had to be me as no one else wants to speak up to it. Was there authority to be given was asked to which Barry Wheeler stated yes, you cannot make a decision on your own like that. Barry Wheeler went on to say this is not planting a shrub in front of the Community Center, this is a big deal. My social security number is involved, not yours. Much heated conversation ensued.
Cheryl Behr advised since she is involved in this, three Selectmen sat down and talked with the Attorney. She had copies of this report and every one of them said, I would say every one of them, said everyone in town should see this report. Sonny Harris advised he did not say that and was against everyone seeing it. Cheryl stated that she guessed they were not all at that meeting to which Barry Wheeler stated he guessed not. Cheryl went on to say the decision was made to send a certain letter to Mr. Remillard with the letter a copy of the disk had to go because it was referring to the letter.
Much loud conversation ensued stating that this was a major, major mistake, a big huge mistake.
Harry Wright, chair advised they did not make a motion to say this material will be released to the public. It was reiterated that the Selectmen are the only people who could give an order to get that out to the public, they have to authorize it. That is the way the system works.
Harry Wright, Chair advised they had all sat down and signed the letter to Mr. Remillard with the Attorney, the Attorney stated that upon sending that information to the Remillard’s it would be public. Did we then say wait a minute, do we want to make this available or not, no we did not. We did not say we would and we did not say we wouldn’t. No motion or decision. I accepted the Attorney’s comment that this was public data immediately (in fact we hold off for a little while before providing it to folks, and 5 days was used). Sonny Harris advised he made it very clear repeatedly at all those meetings, repeatedly to the Attorneys and you guys that my understanding was the protocol previously mentioned.
Barry Wheeler advised he contacted theCountyAttorneyand it is now off Face Book.
CenterChurchCemeterywill be taken care of by Mr. Lord for $1,000.00
Tax Abatements were reviewed and signed.
Bridge Repair at Box Corner is waiting an estimate from CWS Fence.
Jason Allen,145 East Main Streethas some issues with the lip on his driveway. Cheryl advised that is state standard. He is also concerned about the trees that were planted under existing trees and he does not want them there. If he moves them himself, will that threaten the warrantee?
Barry Wheeler advised he is not happy with the driveways being left by the construction crew. There should be a little bit more beveled, a little more of an angle. Barry will check with the engineers concerning this.
A Non public session was discussed and a portion of it regarding full time hours was discussed. Also a personnel manual would need to be changed.
Motion was made bv Harry Wright, Chair to go into Non-Public Session per RSA 91A3II(a) to sign personnel documents and discuss changes in the status of full time work hours, the effect on town personnel and necessary changes in the personnel manual. And RSA 91A3IId taxpayer issues. Motion carried 3-0.
Harry Wright, Chair Yes Sonny Harris, Yes Barry Wheeler Yes
Meeting Adjourned 8:06pm
Respectfully submitted
Marjorie R. Cilley
Secretary
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