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Board members present: Frank W. Reinhold, Jr., Chairman; Joseph P. Ford and W. James Griswold. Others present: Diane L. Guimond, Town Administrator; Scott Bugbee, chairman of the Advisory Budget Committee; James Stewart, Winfield Bassage, Amos Townsend, Alice MacKinnon and Benjamin Genes, members of the Advisory Budget Committee; Todd Allen; Lisa Morin, Director of Lee Public Library; Margaret Dolan, Annemarie Gasowski, Katrinka Pellecchia and Cynthia Giguere-Unrein, Lee Library Trustees; Laurel Cox, Land Protection administrator; Henry Brackett, Advisory School Committee member; Chet Murch, Police Chief; Roger Rice, Transfer Station Manager; Randy Stevens, Highway Supervisor; Philip Sanborn, Jr., recre4ation Commission Chairman; Wendy Fogg; Valerie Gorski; Mary Cobb; Dwight Barney; Richard Wellington; John & Anne Tappan; Charles & Colleen Robertson; Michael Erickson; Robert Simpson; Judy Macdonald, representative for Lee USA Speedway and Donna F. Eisenhard, Town Secretary. 1. Chairman Reinhold called the meeting to
order at 6:30 p.m. ------------------------------------------------------------------------------------------------------------ 6:30 P.M. - BUDGET
PUBLIC HEARING Advisory Budget Committee Chairman Scott Bugbee began a review of the budget handouts presented to those present. He stated the ABC had put in raises for the Selectmen, who have not had any for years, but the Board took them out and he felt they should be left in. He said Election & Registration went up due to increased elections this year with the primaries. Financial Administration was down and Property Revaluation was up due to hiring a part-time Assessor. He said Legal Expenses was lowered but Personnel Administration was up due to the possible hiring of a person for the Information Technology position. Planning & Zoning was up due to salary increases as was Government Buildings due to the cost for fuel. Other Insurance reflected increases due to Workers Compensation and other payroll costs being raised. He said the Contingency Fund was lowered from $20,000 to $10,000. Police department was up, Dispatch Center remains the same, Fire department up and Code Enforcement up. He said Civil Defense (Emergency Planning) has always been under-funded at $100 but was raised considerably to fund salaries for the Emergency Management Director and Deputy Director and to cover expenses relating to emergency planning. Highway was up considerably because it reflects the 20 part-time hours for Peter Hoyt, sharing a split position between the Transfer Station and Highway Department. Recreation was down as is Oyster River Youth Association. Library was up and the town continues to pay principal and interest on the long-term bonds for the Transfer Station and Public Safety Complex, however, the interest goes down each year. Salary Increase Pool remains the same but Patriotic Purposes at $500 will not be funded this year. He said the total Operating Budget for 2008/2009 is $3,152,200.24 and is up 4.13% from last year. Added to the Operating Budget are several Warrant Articles traditionally proposed each year as well as requests for funding from charitable groups and associations. There are also requests for funds from fairly new groups like the Heritage Commission, Agriculture Committee and Information Technology Committee. Funds are requested for work at the Little River Park and for the Fogg Easement. With the Operating Budget, Warrant Articles and other special requests the budget total is $4,017,809.38, down 1,011,185.05 (or 20.11%) from last year’s budget of $5,028,994.43. He says this budget is lean but, again, only a guesstimate so he asked that the reporter not put it in the newspaper as this is only a draft and the Selectmen will be reviewing and adjusting the figures presented. Various people spoke regarding certain line items. Financial Administration still covers a part-time bookkeeper but a part-time assessing clerk will be added and maybe a full-time IT person. James Stewart stated any department using fuel caused an increase in that budget. Mr. Bugbee said there are increases in heating and electrical costs for the Complex and all other buildings. It was noted that resident James Banks had been over all the buildings and made recommendations regarding how to save fuel and energy and these recommendations had been implemented so the town was doing the very best it could in saving along those lines. Chairman Reinhold said that some would say that a 4.1% increase in the budget is not a great job so if others say reduce it, what happens. Mr. Bugbee said he would say give us the numbers for how you want this done but, it may end up by some services being cut. He said he is not seeing too much fat in the budget and Lee is a very frugal town. He said there is a salary study being done and there are going to be costs associated with that. Chairman Reinhold said the costs involved with bringing employee salaries up to recommendations may be $50,000 or more. He said the handwriting is on the wall and has to be addressed. Mr. Bugbee said he would like to applaud the Board of Selectmen as he thinks town employees should be compensated at an appropriate level. Benjamin Genes said we should put things in “buckets” – should we fund charities. The “buckets” would help us look at numbers. He said the COLA was a 2% increase this year however, the Board may want to increase that. Chairman Reinhold asked if there were any questions from the public. Mary Cobb asked what the Fogg easement was. Chairman Reinhold said, in previous years, the town bought land or easements but we don’t pay the full price listed and, regarding the Fogg easement, which costs $400,000 plus $12,000 in transaction costs, $100,000 is coming from the Land Acquisition Trust Fund, $12,000 from the Land Use Change Trust Fund, and $304,000 from the DES-Water Supply Grant. Mrs. Cobb asked how much from the town. Chairman Reinhold said $112,000 from Trusts we already have. Mrs. Cobb asked what was the impact. Selectman Ford said no impact. Chairman Reinhold went on to explain. Mrs. Cobb said if anything is cut, she would prefer it be conservation easements and not services to residents. Lisa Morin asked how this budget fits in with the Capital Improvements Plan. Chairman Reinhold said it is being presented to the Board and then it will be dovetailed into the CIP. He said it is not finished and so you will see new numbers after final action. Selectman Griswold said that things are not changing all that much. He said you are only voting for 2008/2009 funds. He said the CIP is only a planning tool so we have no large bumps in the budget. Todd Allen said, so voters don’t approve the CIP. Selectman Griswold said no, the CIP is approved by the Planning Board. Dwight Barney asked what the figure was for the cost of fuel. Mr. Bugbee said about a 25-28% increase. r. Bugbee then thanked everyone who helped and said the budget was not a one-man show. He stated volunteers do a great job and sometimes it is a bit tedious. He said the town is growing and will have to recognize the efforts of the volunteers such as having a picnic or party to thank these people. Mr. Barney asked if there was sufficient money for fuel and for sand. Mr. Bugbee said Department Heads talked with the Advisory Budget Committee and gave them their best guess so the ABC did the budget based on what was told them. He said the Contingency Fund comes into effect and even a Special Town Meeting, if needed. Mr. Barney stated that by January 15th, many other towns budgets were exhausted and he would hate to see Lee in this position. He said he would like to see an increase to ensure this does not occur. Mr. Bugbee said there are Department Heads here who can respond. Highway Supervisor Randy Stevens said he is already over on fuel for this year. Police Chief Chet Murch said all their gas and diesel fuel comes from the State and they are charged $1.00 over taxes so they save in that respect. Mr. Stevens said the highway pays $3.00 per gallon. Town Clerk/Tax Collector Linda Reinhold said $42,000 is the amount she requested for her compensation. She stated she has been talking with the State and they are changing the way they do registrations and we will have to go on-line with the State. She said they will supply printers to all the towns and her position will be going to forty hours per week. She said if the town does not go on line, then she won’t need the 40 hours as going on line increases the work load. Mr. Barney said when the position went to the voters before, salary was to be determined by them plus it was to be a non-benefit position. Richard Wellington said she is not considered a town employee because she is elected. Mr. Barney said the voters or the Selectmen determine the salary and it was a non-benefit position and this is in the Town Meeting minutes. Selectman Ford said the Board will look at the position. Richard Wellington said she is not a town employee so there are no benefits. Mrs. Reinhold pointed out that former Town Clerk/Tax Collector Penny Stetson got them. Town Administrator Diane Guimond said, under the RSA’s, the position is not considered “employee” and the voters have to vote on compensation. It is not the Board’s choice. She said the only thing the Board can do is make a recommendation; it is the voters call. There being no further comment, Chairman Reinhold closed the Public Hearing at 7:25 p.m. ----------------------------------------------------------------------------------------- 2. Manifests presented were reviewed and authorized for payment. Manifest #28 for 1/26/08 totaled $45,220.68, Manifest #29 for 2/2/08 totaled $725,180.12 and Manifest #30 for 2/9/08 totaled $81,878.90. 3. Approval of Minutes: Selectman Griswold made a motion to
accept minutes from the January 28, 2008 Regular session, January 28, 2008
Non-Public Session #1, January 28, 2008 Non-Public session #2 and February 4,
2008 Work Session. Selectman Ford
seconded. Chairman Reinhold called for
a discussion. There being none, Chairman Reinhold called for a vote. Motion passes. 4. Correspondence: A. Local Government Center, Executive Director John B. Andrews, dated January 17, 2008, re: Potential Mandate (Article 28-a) Litigation. File: With Town Administrator. B. Chittenden Bank, dated January 7, 2008, re: collateralization agreement. File: With Bookkeeper. C. Granite State Quest, Founding Member Bruce Taylor, dated January 5, 2008, re: thank you for support for fifth Granite State quest – A Ride to Conquer Cancer. File: File: Granite State Quest. D. Strafford Regional Planning Commission, Executive Director Cynthia Copeland, dated January 11, 2008, re: changes to the Comprehensive Shoreland Protection Act. File: General File – Strafford Regional Planning Commission.. E. Nelson, Kinder, Mosseau & Saturley, E. Tupper Kinder, Esq., dated January 14, 2008, re: copy of letter to Wetlands Bureau in relation to Arista Development – Walgreen’s Pharmacy at Lee Traffic Circle. File: PID#04-07-02. F. State of New Hampshire, Highway Safety Agency, Coordinator Peter M. Thomson, dated January 16, 2008, re: financial assistance for cities and towns. File: General File – State of NH/Highway safety Agency. G. Chittenden Bank, dated January 8, 2008, re: collateralization agreement. File: With Bookkeeper. H. New Hampshire Employment Security, Economic & Labor Market Information Bureau, dated January 3, 2008, re: thank you for providing data requested. File: General File – New Hampshire Employment Security. 5. Department Head Reports: A. Police Chief Chet Murch met with the Board and requested Chairman Reinhold’s signature on a Preliminary Application for Highway Safety Project Grant. He said the Grant is for two Stop Tech Stop Sticks in the amount of $934.20 with Lee sharing 50% of that cost and the Grant picking up the other 50%. He stated Stop Sticks equipment available to his officers would be used to effectively stop high-speed pursuits which are highly dangerous to the general public, as well as the officers involved. He said these stop sticks will contribute to a reduction in the number and length of pursuits as well as increase the safety of the motoring public. The Board approved his request and Chairman Reinhold signed the Grant application. A copy of the application becomes a permanent part of these minutes. B. Transfer Station Manager Roger Rice met with the Board to discuss the skid steer equipment at the Transfer Station. Mr. Rice said he had concerns about how the CIP fitted in with his need to replace equipment from time to time. Chairman Reinhold said Mr. Rice should estimate when he might need to replace equipment and ensure the CIP is in sync with his needs so he is never without equipment should a piece malfunction and have to be replaced. Mr. Rice stated he would check his records and confirm his replacement schedule aligns with the CIP. C. Town Clerk/Tax Collector Linda Reinhold met with the Board and presented a Warrant Article she wanted voted on at Town Meeting, namely: To see if the Town will vote to accept the following ordinance: Acceptance of Credit Cards. The
Town Clerk/Tax Collector and/or any other Municipal Official or department, as
authorized by the Board of selectmen, will be allowed to accept credit card
payments pursuant to RSA 80:52-c for the collection of local taxes, charges
generated by the sale of utility services or other fees by use of a credit
card. The Town will add to the amount
due, in addition to any interest and penalties payable, a service charge for
the acceptance of the card. The amount
of the service charge shall be disclosed at the time of the billing. The Board of selectmen may adopt rules
and/or regulations regarding the collection procedures. She stated she will be attending a seminar on how this method of payment can be done over the internet but if, in the future, we want to go to credit cards, we would have the authority. Dwight Barney suggested we change the wording to having a feasibility study regarding using credit cards. Chairman Reinhold said we need to put something in place to allow the town to accept credit cards. A copy of the Article presented by Mrs. Reinhold becomes a permanent part of these minutes. D. Highway Supervisor Randy Stevens met with the Board and presented the bid proposals for a new loader for the Highway Department. Chairman Reinhold opened the proposals which were as follows: With Options Beauregard new $ 87,377 $101,246 R. C. Hazelton (less than 500 hours) used $ 89,000 $101,509 R. C. Hazelton new $ 94,950 $110,269 MB Tractor new $ 104,898 $118,148 Milton new $ 105,000 $122,050 Knoxland Equipment new $ 107,574 $112,485 Chadwick-Baross new $ 118,900 $120,900 Late bids: Chappell Tractor new $ 99,365 $110,862 Nortrak new $ 89,437 $111,400 Dwight Barney asked what the Selectmen’s policy was on late bids. Chairman Reinhold said the Board does not have an answer. Selectman Griswold stated he felt acceptance of late bids was not fair to the rest. Chairman Reinhold said, then late bids will be rejected. Mr. Stevens said he felt if a late bid is a good bid and beneficial to the town, we can go out and re-bid. 6. Selectmen’s Report on Planning Board
Meeting: None. 7. Old Business: None. 8. New Business: --------------------------------------------------------------------------------------------------------- A. 8:00 p.m. - RACETRACK PUBLIC HEARING Chairman Reinhold opened the Public Hearing at 8:00 p.m. Judy MacDonald, representative for Lee USA Speedway, presented the 2008 racing schedule with the request that they remain racing on Friday nights. She stated they did have to change the Octoberfest race dates to the third week, rather than the second week, of October because of other racetracks and their schedules. Robert Simpson asked what the closing time for races was. Mrs. MacDonald said the Racetrack Ordinance says no racing can start after 11:30 PM. Mr. Simpson said he has always had a problem with the track for years because of the noise from racing. He noted some people get a rebate because of this noise. He asked that the Board enforce the Racetrack Ordinance. Chairman Reinhold stated he could not speak for previous Boards but, as far as he could see, the racetrack is in compliance. Mr. Simpson said the racetrack seems to have grown from the 1960’s triangle track to the current oval one and his conclusion was this was expansion of a non-conforming use. Again, he asked, how late does racing go. Dwight Barney said racing has to end at midnight. After a quick review of the Racetrack Ordinance, the Board confirmed that Section 2 states “No racing may be started after 11:30 PM and all racing is to stop by 12:00 midnight.” Charles Robertson asked how you get a noise abatement. Mr. Barney stated that he asked for one and did not get it. He felt, as he was no longer a Selectman, he could ask. He went on to explain how the noise from the racetrack affects his property. Mr. Robertson said when the racetrack is running, it sounds like the track is at his home and this has always been an issue with him. Chairman Reinhold stated this is unrelated to the Ordinance but something the Board could discuss in the future. Chairman Reinhold said, considering what has been presented tonight, he was making a motion to grant a license to Lee USA Speedway for the 2008 racing season as indicated on the schedule presented by Mrs. MacDonald. Selectman Griswold seconded. Chairman Reinhold called for a discussion. There being none, Chairman Reinhold called for a vote. Motion passes. Chairman Reinhold made a motion to also waive the 60-day requirement for the start of racing on April 12th. Selectman Griswold seconded. Chairman Reinhold called for a discussion. There being none, Chairman Reinhold called for a vote. Motion passes. The Board signed the license. There being no further business, Chairman Reinhold closed the Public Hearing at 8:20 p.m. -------------------------------------------------------------------------------------------- B. Philip Sanborn, Jr., Lee Recreation Commission Chairman, met with the Board regarding their request for money for establishment of playing fields at the Little River Park. He said the first thing the Recreation Commission needs to do is determine whether the Federal Grant, given towards purchase of the land, allows them to do fields. He said they are asking for a Warrant Article to take $75,000 out of the Recreation Commission Trust Fund to be used for two playing fields, a 96-car parking lot, trails and a deceleration lane on Route 155 for the access road. He stated the State is mandating this lane for traffic safety. He said if the Oyster River High School bond for playing fields passes, then they will build two fields, either in Madbury or Lee. The plan proposed would be the school will pay for the building of two fields in exchange for a ten-year lease in which they have use of the fields for the months of May and June and, after the ten year period, the fields ownership reverts to the town they are in. Also, the town they are in would be allowed to use the fields any time other than the months dedicated to the school. He said he does not know what will happen but the town could save a lot of money if the bond is approved. A discussion followed on the $75,000 request with Town Administrator Diane Guimond noting that, because this was not discussed during the Budget Public Hearing just held, she did not think it could legally be considered as all dollar amounts have to be disclosed at the Public Hearing. Further discussion followed on holding a second Budget Public Hearing and Town Administrator Guimond was asked to check with legal counsel to determine what was legal. Mr. Sanborn said the Commission has not gone out to bid for the work needing to be done because they didn’t know if they would get funding. Chairman Reinhold asked, if the land is leased to ORHS, would they do the parking lot and deceleration lane, as well as the playing fields. Mr. Sanborn said the Commission plan was to make us more attractive than Madbury by having a parking lot and deceleration lane and telling ORHS they can start building the fields. Selectman Griswold asked if they could do the parking lot and lane for $75,000. Mr. Sanborn said he conferred with Highway Supervisor Randy Stevens and he said Yes. Chairman Reinhold asked if the Commission was using the plan they had done by MSC Civil Engineers. Mr. Sanborn said they were and it had already been through the Planning Board and Conservation Commission and they have a forestry report from Donald Quigley so they are ready. He said that Recreation Commission member Dawn Genes has also applied for a Grant to do some things. Further discussion followed on particulars including sloping and the retention pond. Chairman Reinhold cautioned ensuring they are not in violation of rules in regards to the Easement. He asked if the Recreation Commission approved and if their Trust Fund had sufficient funds. Mr. Sanborn said Yes to both. Dwight Barney said Mr. Sanborn needs to check with the Planning Board regarding the deceleration lane. Again, Ms. Guimond asked if we could consider this if it was not mentioned in the Budget Public Hearing. Chairman Reinhold said let’s determine if this is so in the meeting intent. And consideration of this particular item. He said we can hold another Public Hearing, if necessary. Following this, Selectman Griswold said we have to “bite the bullet” and made a motion to authorize a Warrant Article for raising and appropriating funds up to $75,000 from the Recreation Trust Fund for the parking lot, deceleration lane and trails, as designated. Selectman Ford seconded. Chairman Reinhold called for a discussion. There being none, Chairman Reinhold called for a vote. Motion passes. C. Chairman Reinhold noted that the Capital Improvements Plan will be presented Wednesday night with figures. Town Administrator Guimond was directed to contact the Local Government Center to see if mentioning the CIP during the Public Hearing, even though no actual figures were given in detail, means it cannot be considered. Also, it was noted the Recreation Commission was asking for $35,000 but will be requesting $110,000 to work on Little River Park. $75,000 will be taken from the Trust Fund and $35,000 will be raised from general taxation. Following additional discussion, the Board scheduled a second Budget Public Hearing for Friday, February 22, 2008 at 7:00 p.m. to discuss the various Warrant Articles again. D. Town Secretary Donna Eisenhard presented a picture of the Burley-Demeritt Homestead given her by Land Protection Administrator Laurel Cox for consideration as a cover for this year’s Town Report. After a brief discussion, the Board decided a picture of retiring Selectman Joseph Ford would be used in honor of his thirty years as a Selectman for the Town of Lee. E. The Board scheduled a Work Session for Thursday, February 14, 2008 at 3:00 p.m. for pending business. 9. Non-Public Session: Selectman Griswold made a motion to enter into Non-Public Session. Selectman Ford seconded. Chairman Reinhold polled for a vote: Griswold-aye; Ford-aye; Reinhold-aye. Motion passes. The Board entered into Non-Public Session at 9:35 p.m. The Board exited Non-Public Session at 9:59 p.m. and re-entered the Regular Session. 10. There being no further business, meeting was
adjourned at 10:00 p.m. Minutes
recorded by: ______________________________ Donna F.
Eisenhard, Town Secretary Minutes
accepted by: __________________________________ Frank W.
Reinhold, Jr., Chairman _________________________________ Joseph
P. Ford ________________________________ W. James
Griswold Lee Board of Selectmen
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