A number of you have broached the subject concerning the Town's drinking water and Selectman Ruth's statements that there is possible contamination in one or two of the Town's wells, especially the one out on Route #10. For those of you with concerns and questions a call to the Town's Water Dept. or Selectman's Office can provide you with an updated report on the situation.
For those of you who would like to test your drinking water, whether it comes from the Town or your own private well, which you should do yearly, copy and paste this link into your browser's navigation window and fill out the request form for free bottles and information in regards to getting your water tested.
http://www2.des.state.nh.us/OneStop/Homeowner_Container_Request.asp
Your health and the health of your children should always be your top priority. The testing is well worth the cost for peace of mind and assurance that your water is safe.
Monday, April 19, 2010
Thursday, April 15, 2010
Really Makes You Wonder
MINUTES of the BOARD OF SELECTMEN MEETING
WORK SESSION, Wednesday April 7, 2010
Board Members Present: Sherman Tedford, Chairman; Roberta Fraser; Theresa Sepe; Gustave Ruth; and Kenneth Gardner. Also present Robert Gray, Town Administrator; Department Heads-Barry Kellom, Rick Meleski, John Gomarlo, Dale Gray, Ken Smith, Herb Stephens, Sharon Haley, Gary Phillips, Leroy Austin; and Ellen Cole, Executive Assistant. The meeting convenes at 10:00AM. Gary Puffer is absent due to water meter software training.
1st Order of Business: Safety Manual Review
Bob Gray with the assistance of the Local Government Center (hereinafter “LGC”) drafted a Safety Manual for the Town of Winchester. After revisions are made to this template, the Board of Selectmen will need to adopt the policy in order to comply with the State of New Hampshire Department of Labor. All municipalities need to provide safe working environments for their employees, and this manual has been modified to fit Winchester’s needs. Each Department Head has had an opportunity to review the manual to offer feedback, especially in the areas, which pertain to their department and duties. Chairman Tedford would like to review ‘physical safety of town vehicles’ and the situations, which arise in emergency and/or work situations for ambulance, fire, police and highway. Oftentimes these vehicles are left idling, and Selectman Sepe suggests ‘safety switches’ or ‘secret lock buttons’ be installed, or Selectman Ruth suggests ‘extra keys’ or ‘remote key locks’ be used to lock vehicles while not in use during an emergency. In conclusion, when fire, ambulance, emergency and police, are responding on duty and engaged in functions, said personnel shall keep their vehicles secured per their department’s operating procedures. The Board agrees that when issues arise, this policy will need to be revisited and tweaked by addendums.
Sharon Haley in HR/Finance provides each Department Head with a folder that contains a form for reporting on-the-job injuries, which must be processed within a certain number of days, or the Town will be fined. The Board reviews ‘investigation of incidents’ in town vehicles and determines that the police will respond to incidents in Winchester, and/or use another independent law enforcement agency when applicable (and incident occurs out of town). Selectman Sepe discusses ‘confined spaces’ with Rick Meleski, who says in most situations he has not been at risk of anything falling or collapsing on him. Hard hats/safety helmets should be used during excavation and trenching, including water and sewer line subsurface repair work to provide adequate head protection. Water and Sewer Departments will need to purchase hard hats, as Dale and his crew already have them available. Selectman Sepe would like to see an ‘Incident Report Kit’ provided in a timely manner for all town vehicles, after the policy is adopted.
The Board reviews foot protection and reimbursement for purchase made of ‘safety footwear’ by highway, water and sewer and thinks an increase should be made to compensate town employees for this expenditure. The Board learns about the Joint Loss Management Committee. Eventually after the Board adopts this safety policy, the committee will need to have the proper balance of management and employees in order to comply with statutory requirements. Any person, who flags traffic, must be certified. Rick Meleski makes the Board aware that the Water Department has a non-assembled, collapsible trench box, and would like the Board to consider purchase of a heavy-duty trench box to fit all departments’ needs especially when an emergency arises. Dale Gray offers to price out a trench box compatible in weight with the Town’s backhoe. Bob and Ellen will make these changes as discussed prior to signature and put before the Board at next week’s work session scheduled for April 14, 2010.
2nd Order of Business: Town Policies
Chairman Tedford would like to have a public discussion while the Department Heads are still present regarding Town policy. Chairman Tedford is concerned that personnel are exhibiting poor behavior, which is being vocalized to their fellow co-workers and suggests it stop immediately. Town policies are in place and need to be followed by every Town employee. Selectman Sepe will not tolerate disrespect among employees or inappropriate statements being made to co-workers. Selectman Sepe reminds the Department Heads that their attitudes affect their employees, and if they have a problem they need to address that concern to the Board who makes the policy. Selectman Fraser adds personnel matters have been dealt with in a confidential manner, and when the Board requests information from a department, that person is doing their job by following up on that request. The Board is not going to ignore misuse of the purchase policy, and that person should be held accountable for their actions. Sharon Haley states the purchasing policy has been in place since 2008, and lately her department has been taking the brunt of accusations and turmoil. Selectman Gardner says the town employees need to work together, and follow the policy in place. If you don’t know, then ask the Board for direction. Selectman Ruth adds the Board reviews paperwork and if they have a question, they are going to follow up with the appropriate personnel for answers. In close, Chairman Tedford advises the Department Heads to move forward, and work together as a team. The Town has a lot of projects coming up and the Board relies on them to manage these departments. The Board gives the Department Heads an opportunity to speak or comment, and no one offers any response.
3rd Order of Business: Recess
The Board takes a 10-minute break at 11:50AM and resumes the meeting at 12:00PM.
4th Order of Business: Any Other Business
Selectman Sepe makes a motion to increase the boot allotment for sewer, water and highway departments from $100.00 to $175.00 to appropriately purchase safety shoes. Selectman Ruth seconds the motion and it passes 5-0. The shoe retailer can send the Town a bill and the employee pays the rest. The Town does not have to purchase from one manufacturer, and the employees in these departments are allowed to buy one pair of safety boots per year.
A trench box is currently disassembled at the Well No. 1-storage. Selectman Gardner makes a motion to have the Water Superintendent assemble the trench box and store at the highway garage within the next two weeks, and may ask for assistance to get it done within that timeframe. Selectman Ruth seconds the motion and it passes 5-0.
5th Order of Business: Truck Specifications for 2011 Model
Dale reviews the proposed, detailed specifications for the 2011 medium duty dump truck with the Board. The warrant article passed in March 2010, giving the Board authorization to enter into a 3-year lease/purchase agreement in the amount of $64,996 to be paid in 3 annual principal and interest payments of $23,174 for the purpose of purchasing a 2011 1-ton dump truck, with central hydraulics system, flat bed dump body and plow set-up. Dale would like to trade-in the 1999 F450 1-ton truck with plow, as-is, which will not pass inspection. The Board agrees and asks that he get an official rejection sticker. The Board asks Ellen to advertise in the Keene Sentinel, website and around town. Selectman Gardner makes a motion to advertise for the 2011 truck in the Keene Sentinel, with a closing date of April 28, 2010, and Dale may solicit bids outside of the Keene area. Selectman Sepe seconds the motion and it passes 5-0. Ellen suggests awarding the bid a week after the bids are opened, so the Board can thoroughly review them. Selectman Gardner makes a motion to reconsider the previous motion. Selectman Sepe seconds the motion and it passes 5-0. Selectman Sepe makes a motion to award the bid on May 5, 2010, with advertising in the Keene Sentinel, and bid opening on April 28, 2010. Selectman Ruth seconds the motion and it passes 5-0. The Board will accept sealed bids until April 28 and award the bid on May 5, 2010.
6th Order of Business: Any Other Business
While John Gomarlo is present, Chairman Tedford asks him about the status for reappointing members to the Revitalization Economic Development Committee. All terms expire this year, and some members have not been showing up for meetings. The Chairman asks John to prepare a list of recommendations, and asks Ellen to post openings for this committee on the website. Interested applicants should send a letter of interest to Margaret Sharra by April 24, 2010. The Board will then review appointments after the closing date.
Rick Meleski has some information for the Board regarding the replacement of the 1982 chlorine tanks. Rick spoke with Steve Roberts (NHDES Senior Sanitary Engineer) who approves purchase and installation of high density cross link polyethylene tanks and oxidation resistant barrier. Rick is still inclined to make this purchase from Northeast Fluid Control; hire Lawrence Excavation to lift the roof, remove and replace the tanks; and B.K. Plumbing (licensed plumber) for installation of lines/valves. Northeast has had very few problems with transporting and provide a 3-year warranty on these tanks. Rick intends to test the tanks once delivered to guarantee they sustained no damage during transportation. Selectman Sepe suggests the job go to a bonded, licensed contractor. Rick feels this is a very simple job and would prefer to not involve the engineers to keep the cost down. These tanks have a 15-year life expectancy and will be Rick’s responsibility to maintain over the years. Rick intends to use one tank at a time, and switch out when once the operating tank starts to leak. The Board still needs to digest this information and tables further discussion till next week.
Rick asks the Board if he has the authority to instruct the engineers to remove some overgrown big shrubs and trees, and remove some fill behind the plant, to which Chairman Tedford responds, as long as we do not need a change order and at no additional cost to the Town. Selectman Fraser makes a motion that Rick may use his discretion and do what is necessary for tree, bush, and topsoil removal by Lawrence Excavation, at no additional cost to the Town. Selectman Gardner seconds the motion an it passes 5-0.
The Town has finally received written approval of Contract Amendment No. 1, dated December 11, 2009 from the NHDOT, which increases the original for the Hoyle, Tanner & Associates (hereinafter “HTA”) contract for replacement of bridge over Wheelock Brook by $8,482.00 for a new total of $45,442.00. Formerly, the Board requested redesign of a shorter span to stay within the $500,000.00 budget for this project, with the Board’s full knowledge of its liability should any damages be incurred to the bridge or roadway during a 50-year flood event. Selectman Sepe abstains from voting since she was not involved, and excuses herself from the meeting at 12:50PM due to a previous engagement. Selectman Gardner makes a motion to authorize Bob Gray to sign the Contract Amendment No. 1 on behalf of the Town. Selectman Fraser seconds the motion and it passes 4-0.
The Town Clerk sent a memo to all boards and committees in Town to reiterate that those members are responsible for their own minutes and distribution, with written copies to be held in the clerk’s office, as provided under statute. Chairman Tedford makes clear that these duties lie with said boards. If these committees wish to have their minutes on the website, they should send to Ellen electronically. Selectman Gardner makes a motion that these duties are the responsibility of the boards and committees, and not the Town Administrator or his assistant’s job. Selectman Fraser seconds the motion and it passes 4-0.
7th Order of Business: Adjournment
Selectman Fraser makes a motion to adjourn. Selectman Gardner seconds the motion and it passes 4-0. The meeting adjourns at 1:01PM.
Respectfully recorded,
Ellen A. Cole
Executive Assistant
WORK SESSION, Wednesday April 7, 2010
Board Members Present: Sherman Tedford, Chairman; Roberta Fraser; Theresa Sepe; Gustave Ruth; and Kenneth Gardner. Also present Robert Gray, Town Administrator; Department Heads-Barry Kellom, Rick Meleski, John Gomarlo, Dale Gray, Ken Smith, Herb Stephens, Sharon Haley, Gary Phillips, Leroy Austin; and Ellen Cole, Executive Assistant. The meeting convenes at 10:00AM. Gary Puffer is absent due to water meter software training.
1st Order of Business: Safety Manual Review
Bob Gray with the assistance of the Local Government Center (hereinafter “LGC”) drafted a Safety Manual for the Town of Winchester. After revisions are made to this template, the Board of Selectmen will need to adopt the policy in order to comply with the State of New Hampshire Department of Labor. All municipalities need to provide safe working environments for their employees, and this manual has been modified to fit Winchester’s needs. Each Department Head has had an opportunity to review the manual to offer feedback, especially in the areas, which pertain to their department and duties. Chairman Tedford would like to review ‘physical safety of town vehicles’ and the situations, which arise in emergency and/or work situations for ambulance, fire, police and highway. Oftentimes these vehicles are left idling, and Selectman Sepe suggests ‘safety switches’ or ‘secret lock buttons’ be installed, or Selectman Ruth suggests ‘extra keys’ or ‘remote key locks’ be used to lock vehicles while not in use during an emergency. In conclusion, when fire, ambulance, emergency and police, are responding on duty and engaged in functions, said personnel shall keep their vehicles secured per their department’s operating procedures. The Board agrees that when issues arise, this policy will need to be revisited and tweaked by addendums.
Sharon Haley in HR/Finance provides each Department Head with a folder that contains a form for reporting on-the-job injuries, which must be processed within a certain number of days, or the Town will be fined. The Board reviews ‘investigation of incidents’ in town vehicles and determines that the police will respond to incidents in Winchester, and/or use another independent law enforcement agency when applicable (and incident occurs out of town). Selectman Sepe discusses ‘confined spaces’ with Rick Meleski, who says in most situations he has not been at risk of anything falling or collapsing on him. Hard hats/safety helmets should be used during excavation and trenching, including water and sewer line subsurface repair work to provide adequate head protection. Water and Sewer Departments will need to purchase hard hats, as Dale and his crew already have them available. Selectman Sepe would like to see an ‘Incident Report Kit’ provided in a timely manner for all town vehicles, after the policy is adopted.
The Board reviews foot protection and reimbursement for purchase made of ‘safety footwear’ by highway, water and sewer and thinks an increase should be made to compensate town employees for this expenditure. The Board learns about the Joint Loss Management Committee. Eventually after the Board adopts this safety policy, the committee will need to have the proper balance of management and employees in order to comply with statutory requirements. Any person, who flags traffic, must be certified. Rick Meleski makes the Board aware that the Water Department has a non-assembled, collapsible trench box, and would like the Board to consider purchase of a heavy-duty trench box to fit all departments’ needs especially when an emergency arises. Dale Gray offers to price out a trench box compatible in weight with the Town’s backhoe. Bob and Ellen will make these changes as discussed prior to signature and put before the Board at next week’s work session scheduled for April 14, 2010.
2nd Order of Business: Town Policies
Chairman Tedford would like to have a public discussion while the Department Heads are still present regarding Town policy. Chairman Tedford is concerned that personnel are exhibiting poor behavior, which is being vocalized to their fellow co-workers and suggests it stop immediately. Town policies are in place and need to be followed by every Town employee. Selectman Sepe will not tolerate disrespect among employees or inappropriate statements being made to co-workers. Selectman Sepe reminds the Department Heads that their attitudes affect their employees, and if they have a problem they need to address that concern to the Board who makes the policy. Selectman Fraser adds personnel matters have been dealt with in a confidential manner, and when the Board requests information from a department, that person is doing their job by following up on that request. The Board is not going to ignore misuse of the purchase policy, and that person should be held accountable for their actions. Sharon Haley states the purchasing policy has been in place since 2008, and lately her department has been taking the brunt of accusations and turmoil. Selectman Gardner says the town employees need to work together, and follow the policy in place. If you don’t know, then ask the Board for direction. Selectman Ruth adds the Board reviews paperwork and if they have a question, they are going to follow up with the appropriate personnel for answers. In close, Chairman Tedford advises the Department Heads to move forward, and work together as a team. The Town has a lot of projects coming up and the Board relies on them to manage these departments. The Board gives the Department Heads an opportunity to speak or comment, and no one offers any response.
3rd Order of Business: Recess
The Board takes a 10-minute break at 11:50AM and resumes the meeting at 12:00PM.
4th Order of Business: Any Other Business
Selectman Sepe makes a motion to increase the boot allotment for sewer, water and highway departments from $100.00 to $175.00 to appropriately purchase safety shoes. Selectman Ruth seconds the motion and it passes 5-0. The shoe retailer can send the Town a bill and the employee pays the rest. The Town does not have to purchase from one manufacturer, and the employees in these departments are allowed to buy one pair of safety boots per year.
A trench box is currently disassembled at the Well No. 1-storage. Selectman Gardner makes a motion to have the Water Superintendent assemble the trench box and store at the highway garage within the next two weeks, and may ask for assistance to get it done within that timeframe. Selectman Ruth seconds the motion and it passes 5-0.
5th Order of Business: Truck Specifications for 2011 Model
Dale reviews the proposed, detailed specifications for the 2011 medium duty dump truck with the Board. The warrant article passed in March 2010, giving the Board authorization to enter into a 3-year lease/purchase agreement in the amount of $64,996 to be paid in 3 annual principal and interest payments of $23,174 for the purpose of purchasing a 2011 1-ton dump truck, with central hydraulics system, flat bed dump body and plow set-up. Dale would like to trade-in the 1999 F450 1-ton truck with plow, as-is, which will not pass inspection. The Board agrees and asks that he get an official rejection sticker. The Board asks Ellen to advertise in the Keene Sentinel, website and around town. Selectman Gardner makes a motion to advertise for the 2011 truck in the Keene Sentinel, with a closing date of April 28, 2010, and Dale may solicit bids outside of the Keene area. Selectman Sepe seconds the motion and it passes 5-0. Ellen suggests awarding the bid a week after the bids are opened, so the Board can thoroughly review them. Selectman Gardner makes a motion to reconsider the previous motion. Selectman Sepe seconds the motion and it passes 5-0. Selectman Sepe makes a motion to award the bid on May 5, 2010, with advertising in the Keene Sentinel, and bid opening on April 28, 2010. Selectman Ruth seconds the motion and it passes 5-0. The Board will accept sealed bids until April 28 and award the bid on May 5, 2010.
6th Order of Business: Any Other Business
While John Gomarlo is present, Chairman Tedford asks him about the status for reappointing members to the Revitalization Economic Development Committee. All terms expire this year, and some members have not been showing up for meetings. The Chairman asks John to prepare a list of recommendations, and asks Ellen to post openings for this committee on the website. Interested applicants should send a letter of interest to Margaret Sharra by April 24, 2010. The Board will then review appointments after the closing date.
Rick Meleski has some information for the Board regarding the replacement of the 1982 chlorine tanks. Rick spoke with Steve Roberts (NHDES Senior Sanitary Engineer) who approves purchase and installation of high density cross link polyethylene tanks and oxidation resistant barrier. Rick is still inclined to make this purchase from Northeast Fluid Control; hire Lawrence Excavation to lift the roof, remove and replace the tanks; and B.K. Plumbing (licensed plumber) for installation of lines/valves. Northeast has had very few problems with transporting and provide a 3-year warranty on these tanks. Rick intends to test the tanks once delivered to guarantee they sustained no damage during transportation. Selectman Sepe suggests the job go to a bonded, licensed contractor. Rick feels this is a very simple job and would prefer to not involve the engineers to keep the cost down. These tanks have a 15-year life expectancy and will be Rick’s responsibility to maintain over the years. Rick intends to use one tank at a time, and switch out when once the operating tank starts to leak. The Board still needs to digest this information and tables further discussion till next week.
Rick asks the Board if he has the authority to instruct the engineers to remove some overgrown big shrubs and trees, and remove some fill behind the plant, to which Chairman Tedford responds, as long as we do not need a change order and at no additional cost to the Town. Selectman Fraser makes a motion that Rick may use his discretion and do what is necessary for tree, bush, and topsoil removal by Lawrence Excavation, at no additional cost to the Town. Selectman Gardner seconds the motion an it passes 5-0.
The Town has finally received written approval of Contract Amendment No. 1, dated December 11, 2009 from the NHDOT, which increases the original for the Hoyle, Tanner & Associates (hereinafter “HTA”) contract for replacement of bridge over Wheelock Brook by $8,482.00 for a new total of $45,442.00. Formerly, the Board requested redesign of a shorter span to stay within the $500,000.00 budget for this project, with the Board’s full knowledge of its liability should any damages be incurred to the bridge or roadway during a 50-year flood event. Selectman Sepe abstains from voting since she was not involved, and excuses herself from the meeting at 12:50PM due to a previous engagement. Selectman Gardner makes a motion to authorize Bob Gray to sign the Contract Amendment No. 1 on behalf of the Town. Selectman Fraser seconds the motion and it passes 4-0.
The Town Clerk sent a memo to all boards and committees in Town to reiterate that those members are responsible for their own minutes and distribution, with written copies to be held in the clerk’s office, as provided under statute. Chairman Tedford makes clear that these duties lie with said boards. If these committees wish to have their minutes on the website, they should send to Ellen electronically. Selectman Gardner makes a motion that these duties are the responsibility of the boards and committees, and not the Town Administrator or his assistant’s job. Selectman Fraser seconds the motion and it passes 4-0.
7th Order of Business: Adjournment
Selectman Fraser makes a motion to adjourn. Selectman Gardner seconds the motion and it passes 4-0. The meeting adjourns at 1:01PM.
Respectfully recorded,
Ellen A. Cole
Executive Assistant
Thursday, April 8, 2010
Gus Ruth says, ... "Take Us To Court"
Once again, as has happened many times in the past, our town Select Board failed to take responsibility and to perform their duty as an elected board and act on a citizen complaint.
At last night's board meeting, the board addressed a citizen's complaint in regards to noise and what is believed to be illegal activity occurring on the grounds of the Toy Box Auto Body Repair Shop on Route #10. The owner of this business has constructed a recreational outdoor motor-cross track with jumps on this property which is attracting riders from not only Winchester and abutting Swanzey; but from as far away as Massachusetts and Vermont. The increased noise and traffic on the old rail bed has reached the point where neighbors to this shop are fed up and approached the board for some relief.
In the past, they were told by the Police Dept. that there was nothing they could do; because our old Noise Ordinance was written in such a way that it was unenforceable. However, our new ordinance is and the police and Fish and Game officers have responded to complaints several times and in fact several riders have been ticketed by the Fish and Game officer who responded and 4-wheelers were impounded for lack of registrations.
Mr. Towne, who brought this complaint to the board and Mr. Homan, who's property abuts The Toy Box business, gave testimony before the board to the fact that when the owner of this business approached the Planning and Zoning Boards with his application, there was no mention of constructing an outdoor recreational motor-cross track on the property, nor was there any evidence that there was one there previously as to be grandfathered into the application. The business application was for an Auto Body Repair and Paint Shop, no mention of servicing or selling 4-wheelers or motorcycles; nor was permission sought to construct this track.
According to Sherman Tedford, he stated he had "checked out the matter" and "in his opinion, there was nothing wrong with the owner and his family riding on this property," that the board had no authority to do anything and that if they, the abutters were concerned about the noise to call the police. When he was informed that officer LT. Roberts had responded to an earlier complaint and had stated that this was an illegal activity and to take the matter to the board, Tedford stated they had "no power of enforcement" and that "in his opinion the activity was not illegal." Mr. Homan responded that the business had no permit for this outdoor activity, had not had any public hearings in regards to constructing this track; nor had even out of courtesy approached the abutters before hand to discuss any concerns that they may have about the noise. Mr. Homan told the board that as an abutter he had attended the public hearings for this business application and that no mention of a track ever came up or was any permission given by the Planning Board to construct one in the future. That there had never been any notice or public hearings prior to this business owner building this outdoor track.
The activity starts on this track every evening around 5:00 - 6:00pm during the week and goes on until after dusk. On the weekends, it's an all day event, from 8:00am until well after dark, with as many as a dozen or more riders carrying on all day long. Mr. Towne and Mr. Homan complained that they have to shut windows and doors in order to get any relief from the noise inside their homes and that sitting outside on the weekends in their own backyards is unbearable, not only from the noise coming from the Toy Box property; but from riders riding at high speeds up and down the old rail bed and in Mr. Homan's case, right through the middle of his backyard.
When Selectman Tedford stated the board had no enforcement powers and to call the police if they believed the noise was too loud, Mr. Towne asked why they refused to act as a governing body of the town. That weren't they, the members of the Board of Selectmen, the Chief Elected Officials and Executive Officers of the Town and weren't they responsible for the enforcement of bylaws and regulation of public ways? Didn't they have the power to instruct the town's Code Enforcement Officer to issue a Cease and Desist Order until the complaint could be checked out fully to see if the Toy Box was in fact in non-compliance and operating illegally?
Mr. Tedford did not answer and it was at this point in the discussion that Selectman Gus Ruth attempted to make a motion to close the public hearing and that Mr. Towne injected a comment that this was typical of how the board conducts it's business and why matters end up in court. Gus Ruth then stated to Mr. Towne, "don't you already have a case against the town in court now? Mr. Towne responded yes; "but not by choice". Then Mr. Ruth responded, "then take us to court", to which Mr. Towne responded, "if that's what it takes to get you to do your duty. you leave me no choice". Then Mr Ruth attempted to end the public hearing stating" we can't discuss this any further as we are now in litigation". Mr. Homan responded to Mr. Ruth that his statement was unfounded as no lawsuit had even been filed yet; that all they wanted was the Select Board to act in accordance with the law and grant them some relief.
Needless to say, the board did nothing, proving once again how useless it is to attempt to approach these people to solve an issue. They continuously shirk their duties, act irresponsibly and pass the buck onto someone else. Just how fiscally responsible is it to waste tax payers money on lawsuits over issues that they could resolve without going to court by simply enforcing our town regulations and ordinances?
We wonder just how long it is going to take for the Police Dept. to get sick and tired of answering noise complaints from Mr. Towne and Mr. Homan and the rest of the neighborhood and if they will be required to file a lawsuit just to be able to enjoy their backyards this summer. So much for Gus's statement to bring your issues to the board, what a waste of time.
At last night's board meeting, the board addressed a citizen's complaint in regards to noise and what is believed to be illegal activity occurring on the grounds of the Toy Box Auto Body Repair Shop on Route #10. The owner of this business has constructed a recreational outdoor motor-cross track with jumps on this property which is attracting riders from not only Winchester and abutting Swanzey; but from as far away as Massachusetts and Vermont. The increased noise and traffic on the old rail bed has reached the point where neighbors to this shop are fed up and approached the board for some relief.
In the past, they were told by the Police Dept. that there was nothing they could do; because our old Noise Ordinance was written in such a way that it was unenforceable. However, our new ordinance is and the police and Fish and Game officers have responded to complaints several times and in fact several riders have been ticketed by the Fish and Game officer who responded and 4-wheelers were impounded for lack of registrations.
Mr. Towne, who brought this complaint to the board and Mr. Homan, who's property abuts The Toy Box business, gave testimony before the board to the fact that when the owner of this business approached the Planning and Zoning Boards with his application, there was no mention of constructing an outdoor recreational motor-cross track on the property, nor was there any evidence that there was one there previously as to be grandfathered into the application. The business application was for an Auto Body Repair and Paint Shop, no mention of servicing or selling 4-wheelers or motorcycles; nor was permission sought to construct this track.
According to Sherman Tedford, he stated he had "checked out the matter" and "in his opinion, there was nothing wrong with the owner and his family riding on this property," that the board had no authority to do anything and that if they, the abutters were concerned about the noise to call the police. When he was informed that officer LT. Roberts had responded to an earlier complaint and had stated that this was an illegal activity and to take the matter to the board, Tedford stated they had "no power of enforcement" and that "in his opinion the activity was not illegal." Mr. Homan responded that the business had no permit for this outdoor activity, had not had any public hearings in regards to constructing this track; nor had even out of courtesy approached the abutters before hand to discuss any concerns that they may have about the noise. Mr. Homan told the board that as an abutter he had attended the public hearings for this business application and that no mention of a track ever came up or was any permission given by the Planning Board to construct one in the future. That there had never been any notice or public hearings prior to this business owner building this outdoor track.
The activity starts on this track every evening around 5:00 - 6:00pm during the week and goes on until after dusk. On the weekends, it's an all day event, from 8:00am until well after dark, with as many as a dozen or more riders carrying on all day long. Mr. Towne and Mr. Homan complained that they have to shut windows and doors in order to get any relief from the noise inside their homes and that sitting outside on the weekends in their own backyards is unbearable, not only from the noise coming from the Toy Box property; but from riders riding at high speeds up and down the old rail bed and in Mr. Homan's case, right through the middle of his backyard.
When Selectman Tedford stated the board had no enforcement powers and to call the police if they believed the noise was too loud, Mr. Towne asked why they refused to act as a governing body of the town. That weren't they, the members of the Board of Selectmen, the Chief Elected Officials and Executive Officers of the Town and weren't they responsible for the enforcement of bylaws and regulation of public ways? Didn't they have the power to instruct the town's Code Enforcement Officer to issue a Cease and Desist Order until the complaint could be checked out fully to see if the Toy Box was in fact in non-compliance and operating illegally?
Mr. Tedford did not answer and it was at this point in the discussion that Selectman Gus Ruth attempted to make a motion to close the public hearing and that Mr. Towne injected a comment that this was typical of how the board conducts it's business and why matters end up in court. Gus Ruth then stated to Mr. Towne, "don't you already have a case against the town in court now? Mr. Towne responded yes; "but not by choice". Then Mr. Ruth responded, "then take us to court", to which Mr. Towne responded, "if that's what it takes to get you to do your duty. you leave me no choice". Then Mr Ruth attempted to end the public hearing stating" we can't discuss this any further as we are now in litigation". Mr. Homan responded to Mr. Ruth that his statement was unfounded as no lawsuit had even been filed yet; that all they wanted was the Select Board to act in accordance with the law and grant them some relief.
Needless to say, the board did nothing, proving once again how useless it is to attempt to approach these people to solve an issue. They continuously shirk their duties, act irresponsibly and pass the buck onto someone else. Just how fiscally responsible is it to waste tax payers money on lawsuits over issues that they could resolve without going to court by simply enforcing our town regulations and ordinances?
We wonder just how long it is going to take for the Police Dept. to get sick and tired of answering noise complaints from Mr. Towne and Mr. Homan and the rest of the neighborhood and if they will be required to file a lawsuit just to be able to enjoy their backyards this summer. So much for Gus's statement to bring your issues to the board, what a waste of time.
Tuesday, April 6, 2010
Who pays whose pension?
Fosters Daily Democrat cites a new rule allowing the state retirement system to charge local governments up to &600,000. per worker at retirement
... The surcharge is based on cities and towns that allow workers to receive larger retirement benefits by end-loading their working years with unused sick/vacation time payouts as well as accumulated additional overtime pay. It's the income from the last few years of an employee's career that sets the basis for retirement system payouts.
Does this sound familiar folks?
... The effort to recoup funds for the retirement system lies in the logic that these higher retiree benefits have not been funded properly over time, i.e. that the retirement system has not had the money to invest in anticipation of the higher benefits. It would be nice to believe this new provision would put an end to the problems with the state retirement system. It will not!
... Already, a lawsuit is underway challenging an earlier decision by the Legislature to shift more of the retirement system costs to cities and towns.
... The real answer to the problem was recognized years ago by private employers who closed down and bought out more traditional retirement programs. These programs, like the state system, made promises that in the long run were too expensive to keep.
The answer to the state retirement system crisis -- and it is a crisis -- is to move toward employee managed plans such as 401K and 403b retirement plans.
... These plans have become a financial necessity for businesses and now for the state retirement system. What's more, they are already used by the semi-public University System of New Hampshire.
... It only makes practical as well as financial sense that the state system head in the same direction.
... The surcharge is based on cities and towns that allow workers to receive larger retirement benefits by end-loading their working years with unused sick/vacation time payouts as well as accumulated additional overtime pay. It's the income from the last few years of an employee's career that sets the basis for retirement system payouts.
Does this sound familiar folks?
... The effort to recoup funds for the retirement system lies in the logic that these higher retiree benefits have not been funded properly over time, i.e. that the retirement system has not had the money to invest in anticipation of the higher benefits. It would be nice to believe this new provision would put an end to the problems with the state retirement system. It will not!
... Already, a lawsuit is underway challenging an earlier decision by the Legislature to shift more of the retirement system costs to cities and towns.
... The real answer to the problem was recognized years ago by private employers who closed down and bought out more traditional retirement programs. These programs, like the state system, made promises that in the long run were too expensive to keep.
The answer to the state retirement system crisis -- and it is a crisis -- is to move toward employee managed plans such as 401K and 403b retirement plans.
... These plans have become a financial necessity for businesses and now for the state retirement system. What's more, they are already used by the semi-public University System of New Hampshire.
... It only makes practical as well as financial sense that the state system head in the same direction.
Monday, April 5, 2010
Board of Selectmen Work Session Minutes 03/24/2010
Board Members Present: Sherman Tedford, Chairman; Roberta Fraser; Theresa Sepe; Gustave Ruth; and Kenneth Gardner. Also present Sharon Haley, Finance Supervisor; Amy Bond, Finance Assistant; Karey Miner, Deputy Tax Collector; and Ellen Cole, Executive Assistant. The meeting convenes at 10:00AM.
1st Order of Business: Current Fiscal Budget/Cash Flow Review
The Board held a work session with Sharon Haley-Finance Supervisor, Peg Tatro-Treasurer, and Karey Miner-Deputy Tax Collector on February 10, 2010 to discuss revenues, cash flow and accounts payable. The Board requested revisiting this financial overview to see where the numbers and percentages are today. The Board reviews the budget expenses, managed by Sharon, who points out the operating budget should be at 25%, but has 23% remaining with 13 weeks remaining of the fiscal year. The Water and Sewer budgets are separate enterprises, but are part of the operating budget. Sharon and the Board have a general discussion, and review the weekly, anticipated payments for payroll, payroll taxes, accounts payable, retirement, and health insurance. Amy Bond reviews the APs for the weeks of March 4-$45,000.00, March 11-$47,000.00, March 18-$15,000.00, and March 25-$32,000.00. Amy anticipates a return the second week of May of roughly $9,000.00 (7,300 gallons left) for unused, prepaid fuel. Other anticipated revenues include $23,000.00 from the Highway Block Grant and reimbursement of RERP. The Board has not put a freeze on spending, but the purchasing policy in place makes clear that anything over $3,000.00 must receive Board approval. Selectman Sepe asks Sharon for her professional opinion if we’ll meet the bottom line, to which Sharon estimates as of right now, we’ll be over budget with anticipated APs. Selectman Sepe makes a motion to freeze the budget, excluding the mandatory payments for payroll, etc. in order to keep our creditors up to date, and anything absolutely necessary, otherwise anything that comes up will go before the Board for approval.
Selectman Fraser seconds the motion and it passes 5-0. Selectman Gardner makes a motion to hold a budget work session on April 14, 2010 at 9:30AM. Selectman Ruth seconds the motion and it passes 5-0. At that time, these figures will be re-reviewed. Chairman Tedford asks Sharon to break down weekly figures of contractual obligations the Town needs to pay, excluding water and sewer. The Board asks Sharon to recalculate the projected expense figures to check for accuracy. Sharon suggests the Board consider ‘no spending’ after June 15 because outstanding invoices create a problem when closing the fiscal year. Sharon would prefer to not backdate and asks purchases be made early enough so Finance can cut the checks. Sharon and Amy completely understand, however, emergencies would be an exception to this request.
Karey makes the Board aware that yesterday she collected roughly $250,000.00. Since Karey last met with the Board, the Town has taken in over $400,000.00 in deposits. Karey gives a breakdown of unpaid taxes for: 2007-$84,240.00; 2008-$352,979.00; and 2009 balance-$635,520.00 for a grand total of $1,073,000.00. Karey did a year-to-year comparison of total outstanding taxes for March 2008-$681,000.00; and March 2009-$831,000.00. The total tax bill is over $7.6 million. Another factor Karey would like the Board to consider is in April she will tax deed for 2007 unpaid taxes. Karey anticipates a majority of property owners will pay before April 14, 2010. Overall, the cash flow seems fine.
The Board thanks the ladies for their input.
2nd Order of Business: Non-Public Session under RSA 91-A:3II (a)
Selectman Fraser makes a motion to enter non-public session under (a). Selectman Ruth seconds the motion. A role call vote is taken and all members vote “yes”, and the Board convenes in non-public session at 10:48AM.
3rd Order of Business: Reconvene Public Session
The Board reconvenes in public session at 11:45AM. The non-public minutes under (a) was sealed.
4th Order of Business: Adjournment
Selectman Tedford makes a motion to adjourn. Selectman Gardner seconds the motion and it passes 5-0. The meeting adjourns at 12:15PM.
Respectfully recorded,
Ellen A. Cole
Executive Assistant
1st Order of Business: Current Fiscal Budget/Cash Flow Review
The Board held a work session with Sharon Haley-Finance Supervisor, Peg Tatro-Treasurer, and Karey Miner-Deputy Tax Collector on February 10, 2010 to discuss revenues, cash flow and accounts payable. The Board requested revisiting this financial overview to see where the numbers and percentages are today. The Board reviews the budget expenses, managed by Sharon, who points out the operating budget should be at 25%, but has 23% remaining with 13 weeks remaining of the fiscal year. The Water and Sewer budgets are separate enterprises, but are part of the operating budget. Sharon and the Board have a general discussion, and review the weekly, anticipated payments for payroll, payroll taxes, accounts payable, retirement, and health insurance. Amy Bond reviews the APs for the weeks of March 4-$45,000.00, March 11-$47,000.00, March 18-$15,000.00, and March 25-$32,000.00. Amy anticipates a return the second week of May of roughly $9,000.00 (7,300 gallons left) for unused, prepaid fuel. Other anticipated revenues include $23,000.00 from the Highway Block Grant and reimbursement of RERP. The Board has not put a freeze on spending, but the purchasing policy in place makes clear that anything over $3,000.00 must receive Board approval. Selectman Sepe asks Sharon for her professional opinion if we’ll meet the bottom line, to which Sharon estimates as of right now, we’ll be over budget with anticipated APs. Selectman Sepe makes a motion to freeze the budget, excluding the mandatory payments for payroll, etc. in order to keep our creditors up to date, and anything absolutely necessary, otherwise anything that comes up will go before the Board for approval.
Selectman Fraser seconds the motion and it passes 5-0. Selectman Gardner makes a motion to hold a budget work session on April 14, 2010 at 9:30AM. Selectman Ruth seconds the motion and it passes 5-0. At that time, these figures will be re-reviewed. Chairman Tedford asks Sharon to break down weekly figures of contractual obligations the Town needs to pay, excluding water and sewer. The Board asks Sharon to recalculate the projected expense figures to check for accuracy. Sharon suggests the Board consider ‘no spending’ after June 15 because outstanding invoices create a problem when closing the fiscal year. Sharon would prefer to not backdate and asks purchases be made early enough so Finance can cut the checks. Sharon and Amy completely understand, however, emergencies would be an exception to this request.
Karey makes the Board aware that yesterday she collected roughly $250,000.00. Since Karey last met with the Board, the Town has taken in over $400,000.00 in deposits. Karey gives a breakdown of unpaid taxes for: 2007-$84,240.00; 2008-$352,979.00; and 2009 balance-$635,520.00 for a grand total of $1,073,000.00. Karey did a year-to-year comparison of total outstanding taxes for March 2008-$681,000.00; and March 2009-$831,000.00. The total tax bill is over $7.6 million. Another factor Karey would like the Board to consider is in April she will tax deed for 2007 unpaid taxes. Karey anticipates a majority of property owners will pay before April 14, 2010. Overall, the cash flow seems fine.
The Board thanks the ladies for their input.
2nd Order of Business: Non-Public Session under RSA 91-A:3II (a)
Selectman Fraser makes a motion to enter non-public session under (a). Selectman Ruth seconds the motion. A role call vote is taken and all members vote “yes”, and the Board convenes in non-public session at 10:48AM.
3rd Order of Business: Reconvene Public Session
The Board reconvenes in public session at 11:45AM. The non-public minutes under (a) was sealed.
4th Order of Business: Adjournment
Selectman Tedford makes a motion to adjourn. Selectman Gardner seconds the motion and it passes 5-0. The meeting adjourns at 12:15PM.
Respectfully recorded,
Ellen A. Cole
Executive Assistant
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