Meeting opened at 6:00 p.m.

In Attendance: Selectman David E. Hartman - Chairman

Selectman Wayne Eigabroadt, Selectman Richard A. Cook

Absent: No Members Absent

Others Present: Laura Buono – Town Administrator

Barbara Annis, Mark Lennon, Martha Mical, Allan N. Brown, Ray Martin, Judith Rogers, Anthony Mento

1. PLANNING BOARD

Planning Board members Barbara Annis and Mark Lennon met with the Selectmen. Barbara Annis sent a memo to the Selectmen asking if the Planning Board would be able to withdraw money from the Traffic Light Capital Reserve Fund (exit 9) for engineering studies. The Selectmen agreed that the engineering is a step toward the installation of a traffic light which would warrant funding from the established reserve. A request for funds would need to be submitted to the Trustees of Trust Funds.

Barbara requested to enter into non-public session to discuss a legal matter that the Planning Board is facing. Laura asked if the Planning Board has received written legal notice. Barbara said yes. Selectman Cook made the motion that the Board of Selectmen enter into Nonpublic Session pursuant to RSA 91-A: 3 II (e). Selectman Eigabroadt seconded the motion. Roll Call: Chairman Hartman, Aye; Selectman Eigabroadt, Aye; Selectman Cook, Aye. Motion passed unanimously. (The following is included here in that it was determined later, see motion next page, that the subject matter did not warrant nonpublic).

Barbara explained that there have been some problems within the Planning Board office. Barbara has been familiar with RSA 673:16.

673:16 Staff; Finances. –
    I. Each local land use board may appoint such employees as it deems necessary for its work who shall be subject to the same employment rules as other corresponding civil employees of the municipality. Each board may also contract with planners, engineers, architects, and other consultants for such services as it may require. The expenditures of the board, exclusive of gifts, reimbursements, or amounts held pursuant to paragraph II, shall be within the amounts appropriated for the purpose by the local legislative body, which may provide such funds, equipment, and accommodations as it deems necessary or advisable for the board's work. Each board may accept and use gifts, grants, or contributions for the exercise of its functions, in accordance with procedures established for the expenditure of funds within the municipality.
    II. Any fee which a local land use board, acting pursuant to this title, collects from an applicant to cover an expense lawfully imposed upon that applicant, including but not limited to the expense of notice, the expense of consultant services or investigative studies under RSA 676:4, I(g), or the implementation of conditions lawfully imposed as part of a conditional approval, may be paid out toward that expense without approval of the local legislative body. Such fees:
       (a) Shall, whenever held by the municipality, be placed in the custody of the municipal treasurer, subject to the same investment limitations as for other municipal funds.
       (b) Shall be paid out only for the purpose for which the expense was imposed upon the applicant.
       (c) Shall be held in a separate, nonlapsing account, and not commingled with other municipal funds; provided, however, that such fees may be used to reimburse any account from which an amount has been paid out in anticipation of the receipt of said fees.
       (d) Shall be paid out by the municipal treasurer only upon order of the local land use board or its designated agent for such purpose. This paragraph shall not apply to application, permit, or inspection fees which have been set by the local legislative body as part of an ordinance, or by the selectmen under RSA 41:9-a. Notwithstanding RSA 672:7, a building inspector shall not be considered a "local land use board'' for purposes of this section.

Barbara continued by saying RSA 673:16 was never pursued because the working relationship between the Selectmen’s office and the Planning Board office has been "good". Barbara referred to RSA 673:16 section I and had requested a legal interpretation from Local Government Center. Barbara spoke with a legal rep from LGC that said yes, the employee works for the Planning Board not the Selectmen’s office. Laura asked if the Town is being sued in any way, if not, this Nonpublic is not valid; this would be a public conversation. Barbara said that the Town Administrator issued a new job description for the Planning Board secretary. The Planning Board secretary currently reports to Laura, the RSA states that the PB secretary should be reporting to the Planning Board Chair.

Selectman Cook made the motion to come out of Nonpublic session because the topic of discussion has been determined not valid for Nonpublic. Selectman Eigabroadt seconded the motion. Roll Call: Chairman Hartman, Aye; Selectman Eigabroadt, Aye; Selectman Cook, Aye. Motion passed unanimously.

Chairman Hartman reiterated that a new job description has been written to meet the needs of today so that a new employee would be hired and shared between the Planning and Zoning Board. The job description has the secretarial position reporting to the Town Administrator which was based on an organizational flow chart. The flow chart lists all the secretarial positions were under the Town Administrator. Selectman Eigabroadt added that the organizational flow chart is deceiving from that standpoint because technically as employees the secretaries fall under the Town Administrator, but according to statute the Land Use secretary takes direction from the chairs of both the Planning & Zoning Board. Laura agreed, and said she has tried on several occasions to meet with Barbara. Barbara explained that Town Counsel said the Board of Selectmen are the decision makers and she should not discuss this matter with the Town Administrator until after she has received a decision from the Board of Selectmen. Laura added that by speaking with her about Barbara’s concerns first saves time and money. Money could have been saved simply by communicating rather than obtaining legal opinion and avoiding the Town Administrator. Barbara agreed that she has avoided the Town Administrator. Chairman Hartman concluded that there has been an effort on the Town Administrator’s part to meet with Barbara. Barbara explained that on one occasion she did meet with Laura who was very accommodating regarding a problem with the Land Use secretary which Laura resolved. Barbara continued that unbeknownst to the Planning Board, the secretary’s job description was changed. Laura disagreed with Barbara’s statement, and said that during the interview process for the position a copy of the job description was given to both the Planning and Zoning Chairs. Barbara claims that she has never seen the current job description and added that there are no dates or revision dates visible on the job description. Barbara claims that if she had seen the job description she wouldn’t have gone through all the "hell" that she has gone through since last November. Chairman Hartman asked Barbara if she participated in the interview/selection process for the secretary. Barbara said she had participated in the interview process but holds claim that she did not have a job description. Barbara thought the job description was the same from the wage study and had no reason to believe it would be changed because it was working. Chairman Hartman asked Laura if there was a chance that Barbara was not shown the job description. Laura explained that both Chairs had a copy of the job description during the interview process as well as the individuals that were interviewed. Laura added that she and Barbara had several discussions during the update of the job description and does not understand how Barbara can say she had no idea. Again, Barbara added that if she had seen the new job description then why would she put herself through "hell" for three months. Barbara continued by saying that she specifically asked the Land Use secretary to see the Town Clerk about the zoning ballot and warrant. Barbara returned the following week and followed up on her request finding out that the secretary did not see the Town Clerk because the Town Administrator said not to. Laura said that was not quite what happened and then said that this conversation is bordering nonpublic parameters. Laura again said she has been waiting to speak with Barbara but has experienced resistance on Barbara’s part. Barbara explained that up until she read the job description she did not understand that the secretary reports to the Town Administrator, after learning that, Barbara sought advisement from the Local Government Center learning that the Land Use secretary takes direction from the Chairs. LGC also advised that if there should be a civil litigation she should seek advisement from Town Counsel. Chairman Hartman read into the record a response to Barbara from Town Counsel, February 13, 2007:

Laura added that communication could have cleared a lot of this up. Both Laura and Barbara have a meeting scheduled for 10:00 a.m. on March 7, 2007. This meeting was arranged a week ago. The Selectmen agreed that communication needs to take place between Barbara and the Town Administrator.

Selectman Cook had a question regarding a different subject. During the March 6^th Planning Board meeting the need to survey a complete lot in order to subdivide was discussed. Selectman Cook added that for many years it was the Town policy to have a complete survey of a lot in order to subdivide. Selectman Cook asked when did the policy change. Mark Lennon said that since he has been on the Planning Board the Board has never asked for a survey of a compete lot. Barbara added that as long as there is a definite bound from which you could determine. Selectman Cook said that was not always the policy and there should be a recommendation to change the policy because a number of people, he included, were required to survey entire pieces of property in order to subdivide. Selectman Cook does not recall the existing policy being changed. It’s important to maintain consistency. Martha Mical believes that property owners have asked for a waiver in surveying entire lots. Selectman Cook understands that in the past it was policy and now from the March 6^th discussion it is no longer a policy.

2. TOWN MEETING – ROAD PROJECTS

Allan N. Brown met with the Selectmen to discuss presentations at Town Meeting. There is a $200,000 warrant for road construction being presented to the voters. There is also a Road Committee working on establishing a list of roads that will need repair but won’t be ready for presentation until 2008. Allan has in the past generated his own list of roads and feels that the $200,000 should be utilized to repair at least one road this year. Selectman Cook added that some of the road construction fund will be needed to match FEMA funding. Allan recommends that since FEMA money will be spent on Horne/Newmarket the Town should spend money and repair some of Newmarket at the same time. The project could be contracted as a whole. Or, Allan added, an extension could be submitted to FEMA allowing the Town to use all the road construction fund money on Waldron Hill. Selectman Cook verified that the Horne St. project would not need funding from the road construction fund, the match has been budgeted, also it was discussed that the road construction fund would be used for preliminary engineering from the results of the Road Committee in order to present a cost in 2008. Selectman Cook asked what would be accomplished on Newmarket. Allan explained that 1000’ of Newmarket and 1000’ of Horne, on the side of caution up to 1500’ of Newmarket up to the edge of the beaver dam. Laura added that the Newmarket project has been discussed the most through the budget process. The budget will be absorbing the small projects; the Newmarket project incorporates a Town project and a FEMA project. Engineering on the Horne/Newmarket has been completed. Selectman Cook asked Allan how much funding should be set aside for engineering. Chairman Hartman recommends earmarking $50,000 for engineering and the balance of the$200,000 would be used for road construction. Selectman Cook asked where the funding would come from for the engineering at Connors Mill. Allan explained the engineering would be paid from FEMA and State. Allan recommends negotiating the Newmarket project similar to Mill Street, the Town would supply the gravel and paving would be paid through the paving line. Selectman Cook summarized that the road construction fund would be used as such; $35,000 for preliminary engineering and the balance of $165,000 would be for 1000’ – 1500’ Newmarket and 1000’ for Horne Street combined with FEMA funding.

Selectmen Eigabroadt received a complaint regarding snowmobiles crossing over Brown Road leaving bumps in the road. Allan agreed that the road crew will keep an eye on the road and address the bumps as they occur in the travel portion of the road.

Selectman Cook confirmed that Allan would be available at Town Meeting to speak about Article 26, discontinuing a portion of Old Davisville Road and the process on how it came to this point. Allan recommended reverting the property back on the basis that the two parties involved pay the costs, if both parties do not agree the property is not reverted.

Allan will also speak on behalf of a new loader for the Highway Department.

3. MODERATOR – TOWN MEETING

Ray Martin and the Selectmen reviewed the agenda and speakers for the Town Meeting. A memo will be sent to the Department Heads requiring their presence at the Town Meeting.

4. ZONING BOARD & 911

Martha Mical, Zoning Board Vice Chair requested that the Board of Selectmen temporarily appoint 2 prior members for the March 21, 2007 Zoning Board. Currently there is one vacancy; one member must recuse themselves on a case, one member that will be absent and one member that is an unknown. Martha has contacted some previous members and from that contact 2 said that they would serve. Laura contacted Local Government Center and was advised to fill the vacancy. LGC did not recommend appointing a person for the sake of this one case, but recommended appointing more alternates in order to avoid this situation. Selectman Eigabroadt made the motion to appoint Ken Klinedinst as a full member of the Zoning Board expiring April 1, 2007. Selectman Cook seconded the motion. A vote was taken, motion passed unanimously. Selectman Eigabroadt made the motion to appoint Ted Young as an alternate member to the Zoning Board for a three year term. Selectman Cook seconded the motion. A vote was taken, motion passed unanimously.

Martha explained that an application for abatement was received by facsimile (deadline March 1) on March 1 incomplete. The original document was received by Martha on March 6, 2007. Martha asked the Selectmen if the abatement should be accepted. Anthony Mento asked if the facsimile could be considered as a letter of intent to be followed with the completed application. Selectman Cook agreed with the intent. Selectman Cook made the motion to forward the abatement application for Map 37 Lot 17 to the Assessors. Selectman Eigabroadt seconded the motion. A vote was taken, motion passed unanimously.

Martha informed the Selectmen that a case (not indicated) that was to be heard by the Board of Tax and Land Appeals has withdrawn.

Regarding 911, Martha forwarded a letter from the Police Chief to the Selectmen. Selectman Cook recommends not changing road names, but some of the numbering could be changed. The Selectman reviewed the 911 list and indicated their recommendations.

Martha asked why the final version that she submitted for the Town Report was changed after print. The zeros were removed from the original report. The Town Clerk also noted that the total in her report is different which indicates that she did not balance with the Treasurer when in fact they do balance.

5. ODD FELLOWS BUILDING COMMITTEE – MEMORANDUM OF UNDERSTANDING

Anthony Mento, OFBC member, met with the Selectmen to take the MOU to Tom Brennan Kearsarge Regional School District Superintendent. The Selectmen reviewed the document and Chairman Hartman signed the MOU. Anthony explained that the MOU has been reviewed by the Moore’s and they have agreed to it, the School Board has allowed Mr. Brennan to sign the MOU. Anthony asked if the OFBC could speak on behalf of the progress at Town Meeting.

6. BARN PRESERVATION

Selectman Cook recommends adopting a policy before taking any action. Chairman Hartman added before the Selectmen adopt the policy he would like to present to the Town a warrant article asking whether or not the Town wishes to participate in the barn preservation easement program. Selectman Cook added that there is currently a request before the Selectmen but in order to deal with the request the law states the assessed value cannot be a arbitrary choice made by a governing body but one that is based on some recognized method of assessment. To deal with this correctly the Town needs to have a policy. Selectman Cook will create a policy using information from Lyndeborough and Moultonborough for the Board to review. The Selectmen will address the request before them; further applications will remain on hold until the Town addresses a warrant article in 2008.

7. ADMINISTRATORS REPORT

Mill Street – The Water Precinct understood that the Town was going to pay for the entire cost of engineering the Mill Street project however, when the invoices came in, Laura sent a portion of the invoices to the Precinct. In reviewing meeting minutes with regard to the subject, it was suggested by Allan Brown that the Precinct pay a portion of the costs involved. Currently, the Precinct owes a total of approximately $16,000.00 that needs to be paid and if they will be required to pay it, they will have to add money into their budget on March 20^th to cover the cost. Selectman Eigabroadt said that the original cost estimate should show a breakdown of the engineering costs.

Junk Yards – Chairman Hartman, Selectman Eigabroadt and Laura will be attending training on Monday, March 19^th with regard to new regulations surrounding motor vehicle salvage yards. Currently, DES considers one of the two properties which the Town licenses as a "junk yard" as an auto graveyard. According to DES, there aren’t any outstanding violations on the State level due to this classification. DES has sent him letters with regard to the safe handling of fluids, etc. Laura has given each of the Selectmen a copy of RSA 236:111 through 236:129 for review. These sheets were handed out at a workshop last year with regard to Motor Vehicle Recycling Yards and Junk Yards.

Memo of Understanding Central Parking Facility – The MOU with regard to the central parking facility had been updated and emailed to the Board on 2/26/07. Unless there are any concerns, Mr. Closs would like to get this signed and moved forward.

Simonds School – At the last Selectmen’s Meeting Laura brought up a letter that was received from Judith Pellettieri with regard to a request for money from the Bartlett Fund. She is requesting $800 to attend the Vermont Symphony Orchestra’s performance of "Create". The Board asked to look into whether or not New London is attending the performance however; Simond’s is not aware of New London’s plans but are not included in the $800 requested. Selectman Cook made the motion to approve the expenditure of $800 from the Bartlett Fund to pay for the Simonds school children to attend Vermont Symphony Orchestra’s performance of "Create". Chairman Hartman seconded the motion. The motion passed unanimously.

Volunteers – Several volunteer forms have come in from individuals who wish to be appointed to various committees. Forms will be available on Election Day and Town Meeting in hopes that more interested parties will fill them out.

Land Summit Conference – Paperwork was received with regard to topics of growth, development and land conservation from the Ausbon Sargent Land Preservation Trust. The Trust is requesting that the Board choose up to 5 topics from the list provided for possible discussions to take place at their summit in October.

Laura and the Selectmen discussed the importance of encouraging communication with the administrator’s office.

8. CAPITAL AREA HEALTH NETWORK

The Selectmen will review a MOU extension up to December 2007.

9. MEETING MINUTES

Selectman Eigabroadt made the motion to approve February 6 meeting minutes, February 20 meeting minutes and February 20 joint board meeting as corrected. Selectman Cook seconded the motion. Motion passed unanimously.

10. GENERAL BUSINESS

Selectman Cook asked about the status of an audit. Laura is obtaining quotes.

11. NONPUBLIC SESSION

Selectman Cook made the motion that the Board of Selectmen enter into Nonpublic Session pursuant to RSA 91-A: 3 II (a & c). Selectman Eigabroadt seconded the motion. Roll Call: Chairman Hartman, Aye; Selectman Eigabroadt, Aye; Selectman Cook, Aye. Motion passed unanimously.

Selectman Eigabroadt made the motion to come out of Nonpublic session. Selectman Cook seconded the motion. Roll Call: Chairman Hartman, Aye; Selectman Eigabroadt, Aye; Selectman Cook, Aye. Motion passed unanimously.

Selectman Cook made the motion to seal the Nonpublic session. Chairman Hartman seconded the motion. Roll call: Chairman Hartman, Aye; Selectman Cook, Aye; Selectman Eigabroadt opposed. The motion passed.

Motion to adjourn 10:24 p.m.

Board of Selectmen

David E. Hartman – Chairman
Wayne Eigabroadt
Richard A. Cook