BOS Meeting Minutes 4.15.03

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Town of Milton Board of Selectmen Regular Meeting Monday, April 15, 2013 Milton Town Hall Draft Minutes
Board of Selectmen Members present: Tom Gray (Chair) Robert Bridges Mike Beaulieu Also: Elizabeth Dionne – Town Administrator Joe Ryan – Interim Town Administrator Rebecca Dean – Recording Secretary

Tom Gray called a regular meeting of the Milton Board of Selectmen to order at 6:10 PM on April 15, 2013 with the Pledge of Allegiance. Mr. Gray then requested a moment of silence for those who died in the Boston Marathon today. Cemetery Update John Katwick provided an update to the Board on the Cemetery. A group consisting of Mr. Katwick, Donna Elliot (Cemetery Trustee) and Tom Gray (BOS) is working on a tentative 2 year plan to make it so that the town of Milton will own the Milton Mills Cemetery. He said that they will soon be seeking price quotes for having the land surveyed. He then explained what the approval process consists of : First the Milton Cemetery trustees and Milton Mills Cemetery Association have a vote. Next, Milton BOS receives the item for review. After that, then town lawyer reviews it, then the Attorney General for state of NH reviews. This purchase would need to be formulated as a warrant article. Bob Bridges had questions surrounding the committee’s formation and who is on it. Mr. Katwick replied that the committee consisted of two groups – the trustees for the cemetery and the Milton Mills Cemetery Association. He said that Mr. Bridges should do some research. Mr. Larry Brown commented that he has insight; he has ended his term as cemetery trustee this year, but his time goes back for years. Historically the town has a responsibility to have its legally constituted cemetery for the people within the township. This was a significant hardship for a town w limited resources. He put together the wording for the town renting for $1 per year the rights for interment in the cemetery. Right now the costs for developing the cemetery are prohibitive. The proper respect and continuation has been a model of diligence and respect under John’s guidance. We are in a peculiar situation in that we have a cemetery in Maine, but have worked it out. We have

also worked with Wakefield to give them guidance. We have had people from Oregon, California, etc.. there are people who will tend family graves. If you can work this through, that would be nice.

Summer Kickoff – South Shore Outboard Mr. Gray – despite it not being on agenda, Steve Noury is here from South Shore Outboard. Steve Noury– At the request of the Recreation Department is present to discuss the summer kickoff and participation. Last year was their first year racing at the kickoff. June 8-9 are scheduled dates, 12-4 on Sat and Sun. Last year both days ended around 3:15. They found that some things could be improved – better understanding of park rules, working with fire dept EMTs and rescue, state of NH Marine Patrol has already been contacted for their presence again this year. Another issue is that to help give their participants better direction they would like to post signs that point to ‘BOAT RACES’ by hanging signs. Temporary sign (Brian Boyers) so there’s no ordinance issue. Last year food pantry donations were tied in; this year, attendees will have a $5 off incentive in their entry when they register with South Shore and donate food or paper goods. Mr. Noury would like to request no more than 2 vehicles (motor homes) parked overnight Saturday as a security measure due to the amount and value of the equipment parked there overnight. All other members would be parking across the street. MOTION: Bob Bridges made the motion to allow 2 motor homes parked at the Beach during the weekend of June 8-9. Mr. Beaulieu second. Motion passed 3-0. Recreation Mr. Bridges gave an update. He said that a new job description was created during the last meeting of the Recreation Commission. It describes a seasonal maintenance position for the Beach. These potential employees will report to the Recreation Director. Hours would be flexible. They would be taking care of the bathrooms, raking the beaches. Pat (Public Works) will continue with mowing grass, weed wacking, and taking care of ball fields. The new hire will clean the grills, painting, anything that needs to be done at the beach. At this time, the position would be for two people at no more than 20 hours each. They should remain well under 30 hours. Pat Smith’s team will help with major repairs such as replace faucets, if a toilet breaks, his team will provide assistance. Mr. Gray asked what the latest update is on geese. Karen Brown stated that Bob brought a machine that makes bird of prey sounds; placed it in the rafters of the building. It goes for 10 minutes on then off and seems to be working. She did not see any geese since. Bob – If this works, another may be considered for purchase and use at Lockhart Field. Jen Duprat asked about legislation to enforce rules. Lt. Krauss said that any town employee or recreation employee can ask a person smoking to move to the designated area. If they persist, call the police and they will enforce. Suggest posting signage with correct ordinance number. For example, Prohibited “Feeding of

Aquatic Birds – up to $1000 fine”; he did not specify a fine as this is a public water supply and allows for courts to have flexibility with the fine. Town of Belmont already uses waterfowl one. Krauss staid that Somersworth banned all smoking, but Krauss felt that putting it in an isolated area would suffice. A Butt Can may be needed. Mrs. Brown said that, as it stands now, people are told they have to go to their car. She is not sure if cans should be placed out as it encourages the behavior. Unfortunately, eliminating smoking altogether would affect attendance. Lt. Krauss – Ordinance also reflects any town property that affects the issue, includes Lockhart field. Jen Duprat asked if some of the fields, because they host high school events, might already be designated as non smoking. Lt. Krauss said no because its owned by the town. It is not considered a drugfree school zone as it is not owned by the district. Do you want them reviewed by town attorney? Other towns that have waterfowl ordinance set it at $10. Appleebee Rd. 2008 Cleanup followup John Katwick spoke about the Applebee Road 2008 hazardous material cleanup and provided a history. History: The Green Tannery was in Applebee area. Nearby was an old landfill that was cleaned up. Salmon Falls River runs through the area and comes into Milton Three Ponds. These lagoons used to have a lot of waste material. The dump started about 1941 and managed by Town and land owner Mrs Pearl Reynolds. Some key history: • In 1961 the Milton Mills Cemetery Assoc (MMCA) purchased it and let town rent the property for $50 year. • In 1964, MMCA and town agreed to close dump. • In 1978, The Green Tannery closed. • In 1983 EPA tore down all buildings and cleaned up all areas on the Maine side. • On NH side, in 2003, EPA requested permission to enter the land that MMCA owned and MMCA said yes. Also in 2003, EPA hired Western Solution to do a site sketch and install test wells. • In 2004, test samples taken. Town of Milton was not involved at that time. • In 2005, MMCA received an urgent letter requesting planned hazardous removal activities. In 2006, town became involved and did a complete review. • In 2007, town had a public hearing ‘EPA has dictated that cleanup plan must be in place with estimated cost of $400k for taxpayers or get a bill from EPA. • 2008- CMA engineering showed Chromium levels in excess of recommended levels. In Sept 2008, completed cleanup. At today’s date, everything is holding up, and no new erosion. A washout was corrected. Greenery is coming back. Mr. Katwick would like to request a water test that should be done at this time. There is about $2000 in the fund to do this. We have a total of 10 wells in the whole area. There are 5 wells on the NH side. Mr. Gray asked if the wells are still active or okay Mr. Katwick said he would check and see if there is water in the wells currently. Mr. Gray asked if the $2k comes from EPA cleanup fund.

Mr. Katwick said its leftover. There’s a balance of a little over $2k in the fund for cleanup. $2084.56 was the exact ending balance. Mr. Gray said to be sure the wording on the fund says it can be used for water testing. Agrees that we should keep an eye on it. Mr. Katwick said its important to focus and protect our waters. That’s the biggest source of contamination we have and we should continue to monitor. Mr. Gray asked Ms. Dionne to check on Capital Reserve fund, be sure it can be used for that purpose.

Public Works – Milton Mills area Main Street improvements Pat Smith – Underwood Engineers have provided documentation. In 2004 we contracted bid and was awarded to Underwood engineers. We paid them to design the drainage, sidewalks, etc. and put for 1.4 million warrant article, which failed. Design was partially done. Asked them to hold the design as the funds weren’t available. Engineers came back, was completed for $258k, proposing this year to finalize plans for the second half of the project and see if it can be done. Pat is requesting authorization to spend $14k to finalize the plan and put the project out to bid. Joe Ryan said that, under purchasing policy, normally exception 5.2.10 for professional services is called on. It is not feasible or advantageous to the town to put this out to bid as the initial work was already done by Underwood. Mr. Smith – Sealed bids would be opened with Underwood engineers present. The 14k finishes the design and opens the bidding. Bob – What would the total project cost to finish it? Mr. Smith – A 240k estimate was given. MOTION – Mr. Bridges motioned to spend 14k out of road construction Capital Reserve Fund and further authorize the BOS to sign the agreement. Seconded – Mr. Beaulieu. Motion passed 3-0.

Sewer Dept Report Mr. Gray – We no longer have a Sewer Commissioner. Pat - Last year a few manhole covers in town were fixed by sewer. Are there plans to fix others this year? Mr. Gray – We have to see about money. Are there any in particular which are a hazard? Pat Smith agreed to provide a list.

Fire Station Discussion Chief Marique said that the station has been reviewed. Eroding and disintegrating concrete in basement has raised a lot of concern. Since the station has to last, a sum of $1000 is requested in order evaluate the basement and the slab that the apparatus sits on. Last time, steel I Beams were inserted at their recommendations. Separation and deterioration of the concrete blocks in a few places is the concern. Having it reviewed and determining if its good for the next couple of years would be helpful.

Brian Boyers stated he has looked at the building – blocks may be cinder; the crack in gable end has gotten larger. Ambulance bay concrete is corroding you can scrape it out with your hands. A second opinion is needed desperately on this. They mentioned use of Stefanson Engineering in Auburn NH. Mr. Bridges – What if this person recommends to close the station? Mr. Beaulieu – If it is that bad, we need to look at it even closer. Motion – Mr. Bridges made the motion to take $1000 out of contingency fund to do engineering work on fire station. Mr. Beaulieu seconded. Motion passed 3-0. Fire on Applebee road was the first structure fire where new engine was used in Milton. Budget Committee Mr Bruce Woodruff spoke. He is Chair of Budget Committee. Members are needed on the committee. He also stated that Stan was a water commissioner and Steve was water district representative. Question now is can we have Stan as the rep from the water district and an appointed member who also happens to be a water district commissioner, knowing that the town and water dist are not affiliated legally? Mr. Gray – per town Attorney, statute states that this cannot happen. No.

Approval of Minutes MOTION – Mr. Bridges motioned to accept the non-public minutes for April 1, 2013, as written. Further seal those minutes for one year. Seconded by Mr. Beaulieu. MOTION – Mr. Bridges motioned to accept regular meeting minutes for April 1, 2013, as written. Seconded by Mr. Beaulieu. All in favor, motion passed 3-0. MOTION – Mr. Bridges motioned to accept and sign the manifest. Seconded by Mr. Beaulieu. All in favor, motion passed 3-0. There are also seven motions to clarify from the Trustees of the Trust Fund. 1. MOTION – Mr. Beaulieu motioned to pay Harriman for invoice #121131NH in the amount of $400 and for the funds to be reimbursed to the General Fund from the Herbert Downs Planning and Engineering Capital Reserve Fund. Mr. Gray seconded. Mr. Bridges Nay. Motion passed 2-1 2. MOTION – Mr. Beaulieu motioned to pay Goudreau for invoice #38 in the amount of $7200 and for the funds to be reimbursed to the General Fund from the Herbert Downs Planning and Engineering Capital Reserve Fund. Mr. Gray seconded. Nay Mr. Bridges. Motion passed 2-1 3. MOTION – Mr. Beaulieu motioned to pay Goudreau for invoice #47 in the amount of $446.25 and for the funds to be reimbursed to the General Fund from the Herbert Downs Planning and Engineering Capital Reserve Fund. Mr. Gray seconded. Nay Mr. Bridges. Motion passed 2-1. 4. MOTION – Mr. Beaulieu motioned to pay Goudreau for invoice #54 in the amount of $1353.60 and for the funds to be reimbursed to the General Fund from the

Herbert Downs Planning and Engineering Capital Reserve Fund. Mr. Gray seconded. Nay Mr. Bridges. Motion passed 2-1 5. MOTION – Mr. Beaulieu motioned to pay Eckman for invoice #370-01 in the amount of $9000.00 and for the funds to be reimbursed to the General Fund from the Herbert Downs Planning and Engineering Capital Reserve Fund. Mr. Gray seconded. Nay Mr. Bridges. Motion passed 2-1 6. MOTION – Mr. Beaulieu motioned to pay Harriman for invoice #130281in the amount of $400.00 and for the funds to be reimbursed to the General Fund from the Herbert Downs Planning and Engineering Capital Reserve Fund. Mr. Gray seconded. Nay Mr. Bridges. Motion passed 2-1 7. MOTION – Mr. Beaulieu motioned to pay Harriman for invoice #121221nh in the amount of $400.00 and for the funds to be reimbursed to the General Fund from the Herbert Downs Planning and Engineering Capital Reserve Fund. Mr. Gray seconded. Nay Mr. Bridges. Motion passed 2-1

Mr. Gray – Do we have a current expense report? How does it look? Joe – Last one I saw we were right in line. Administrator Comments: The Town Administrator said that in regards to position vacancies – Would like to begin advertising now for two positions. They are the Land use Clerk and Public Works dept positions. She recommends a brief ad in the local newspaper that refers applicants to the Town’s website since this type of advertising can be quite costly. The title of position and name of town would be printed along with web address. Then, include the details on the town website. This will save cost. Also include job description on website or for pickup in town hall. Mr. Gray feels it would be good to have on town website regardless. Gave go ahead to start process. With Land Use Clerk position, the goal or hope is to have the new person work a couple of weeks to shadow the current land use clerk. Ms. Dionne stated she would like to see a standardized process for new employees. Mr. Gray stated that currently the Board does not interview candidates but gives final approval and recommends that Selectmen are not involved in the interviewing process due to possible future bias. Background checks and tests are recommended such as a state and federal record check. Mr. Gray asked about the costs and Ms. Dionne responded they are about $51.50 per employee. In the past, Mr. Gray asked about all town employees undergoing a drug test, but the issue was not persued. In Ms. Dionne’s plan, this test is required for CDL drivers. Department heads should bring candidate information to her before going to BOS. Mr. Gray felt this process sounds fair and acceptable.

Criminal Record Checks – Ms. Dionne is recommending that municipal volunteers who deal with children, the elderly, or who go into homes of residents, or people who manage and collect money. Even though they are volunteers, they should have a NH and federal record check. RSA 41:9-b advises this. Karen Brown - A lot of coaches are already giving up their time for free, it would be detrimental to have them pay for a record and background check. The LiveScan about a week to come back. She has several people waiting to find out the decision on this. Ms. Dionne – FBI has stopped accepting print cards. However NH State Police will scan and submit. Mr. Beaulieu- This should not hold up what Recreation has going on right now, it can be put in place in the future. Ms. Dionne – Volunteers for recreation should have the cost covered under the revolving fund. Mrs. Brown – the cost would be large for 9 coaches. If each program has to absorb that cost, it would increase fees. Mr. Gray – put existing people through the process and let them get going for now. If a problem comes up, handle it then. Priorities should be on people who are around kids. Jen Duprat – There are some people who are already background checked as a result of their current employment. Would the town need to repeat the effort at cost? Mr. Gray – If its current, provide a copy on file. Deeded Property Ms. Dionne - Mr. Ron Ward contacted her; he lives at 101 St James Way. Beside him is 99 St James Way, which is a town deeded property. He would like to purchase, remove the trailer. He wants to pay whatever the back taxes that the town is owed and buy the property. Mr. Gray – We would need to speak with our tax collector. Mr. Bridges – Asking for back taxes only will undervalue the property. An appraiser should be involved to give a fair market value on the land. Mr. Gray – Lets get info for next meeting on the process that would need to be followed. Ms. Dionne – Recommending all positions in town have a formal job description written up. She will come back with recommendations on what format to use. She sent requests to a couple of dept heads for input

Selectmens comments Mr. Bridges stated that he wants to clarify - he does not know where the Trustees of the Trust Fund are coming from and wasting time on the rewording of the motions, which is why he voted against them. Mr. Gray stated that this Saturday is Milton Cleanup Day. 10a-1p at Farm Museum.

Conservation Commission would like to schedule walkthrough of a 73 ac parcel owned by the town and discuss the potential for a town forest. Its on Casey road. Map 41-Lot 69, 73 ac on Casey Road. BOS discussed scheduling and availability, agreed upon May 11 at 9am to walk the property. They will meet at the site. Mike Chisholm was not vetted to the Rec Commission properly. The process was not followed and therefore, it needs to be redone, regardless of who is chosen. Motion – Mr. Gray - to suspend without prejudice, the appointment of Mike Chisholm to the Recreation Commission until a formal recommendation comes from the Chair of the Recreation Commission. Seconded by Mr. Beaulieu. All in favor. Motion passed 3-0. Mr. Gray – Recommends that any volunteers who have the potential of being around children have background checks and be fingerprinted. Cutoff date – Wednesday at Noon for inclusion on the BOS Meeting Agenda. Mr. Gray – Dept of Safety –A XTS2500 radio has been awarded to Town of Milton Highway Corridor Patrol grant has been approved. Public Comments Townhouse Committee - Emery Booska spoke. Said Bob Carrier is treasurer, Suzanne Booska is member and recorder. They are requesting a selectmen representative. Mr. Gray agreed to attend. Larry Brown – Mr Ryan’s last day is today. Thank you Mr. Ryan. Mr. Gray Gray emphasized this point. Les Elder – Recreation Commission nominated him, voted, and sent the recommendation to the BOS. The BOS tabled it until a social media policy was put into place. At a different meeting subsequent to that a conservation committee member was put into place, and a rec committee member was put into place. He made the point that neither position should be filled if they were waiting on a social media policy. He went through all the proper channels and was turned down this way. Mr. Gray stated they are trying to correct it. John K – Will changes affect new members of Townhouse Restoration Committee and promotions? Mr. Gray does not feel this will affect them much since the involvement with children is somewhat low. John said that they are trying to integrate with schools Would like to schedule time in next meeting to discuss lease with Milton Mills Cemetery Association. Robie parsons – Milton Economic Dev committee has met twice. He was elected Chair, Don Dutton was elected vice Chair. Jerry Coogan made recommendation and consensus was that 10,500 to come up with marketing plan. Trying to get Ray’s marina in there somewhere. Bidding started at 875k, no bidders, so TD Bank still owns it. Other parties have expressed interest to the Dev Committee. Ordinance that they have 1 year to keep as a marina if purchased as such, otherwise it reverts to residential zoning. Other ideas

include condominiums. Exits 17 and 18 – DOT will finish their process in next couple of months to OK curb cuts at Exit 17. Jen Duprat – Would like information on which committees or commissions in town require selectmen’s approval. Mr. Gray – If it’s a town function or needs to be appointed by this board, it requires selectmen’s approval. For example, all town house members are appointed/ advisory. Lt. Krauss –IDs being given to full time town employees. This should be something that other departments need to consider. Suggest photo ID with information bearing that they are a town employee. Police Dept would need to meet with town department heads to discuss details. Highway department and most of Fire Dept has been issued these IDs. Ms. Dionne – Great idea, confirmed photo, descriptor, town position would be on this ID. Joe – what are checks and balance of it getting turned back in there should be a policy that this happens. Les – Does Economic Development Committee take minutes? If so, where are they posted? Robie – They are given to the Land Use Clerk Currently. Ms. Dionne will check with Wendy as to where they are and why they are not posted and getting them posted. Jen Duprat – Alternates on Committees – There was a question as to whether or not the structure of the committees have this. Joe – Indication identifies ability to have alternates. When an Alternate position is not identified, then its clearly not allowed for that particular committee. Ms. Dionne will follow up to ensure this is indeed true; in her experience, this has been the case but she will get a legal opinion.

MOTION – Mr. Gray motioned to allow the Town Administrator to enact RSA 41:9-b employee candidate background checks to deal with anyone who in their employment of work duties works around children. Seconded by Mr. Bridges. Motion passed 3-0 MOTION – Mr. Bridges motioned to adjourn. Mr. Beaulieu seconded. All in favor. Meeting adjourned at 8:02 pm.

Respectfully Submitted,

Rebecca L Dean

Recording Secretary

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