Selectmen's minutes February 28, 2008
6 HOLLAND STREET
PO BOX 139
MOULTONBOROUGH, NH 03254
Selectmen’s Meeting February 28, 2008
DRAFT
MINUTES
Present: Selectmen: Karel A. Crawford, Edward J. Charest, Betsey L. Patten; Carter Terenzini, Town Administrator, Hope K. Kokas, Office Secretary.
I. CALL TO ORDER: Karel called the meeting to Order at 6:30 P.M.
6:30 Non-Public Session, Personnel Matter: Ed Made a Motion for the Selectmen to go into Non-Public Session for a personnel matter, per RSA 91-A:3 II (a). Betsey Seconded the Motion. Karel asked for a roll call: Ed – Aye; Betsey – Aye; Karel – Aye. The Selectmen went into Non-Public Session at 6:35 p.m.
Betsey Made the Motion for the Selectmen to come out of Non-Public Session. Ed Seconded. Karel asked for a roll call: Ed – Aye; Betsey – Aye; Karel – Aye. The Selectmen came out of Non-Public Session at 6:55 p.m.
Ed Made the Motion to seal the Minutes of the Non-Public Session until the matter is resolved. Betsey Seconded the Motion. The Motion carried Unanimously.
II. PLEDGE OF ALLEGIANCE
III. REVIEW/APPROVE MINUTES: Betsey Made the Motion to approve the Minutes of February 21, 2008 as written. Ed Seconded. The Motion carried Unanimously.
IV. NEW RESIDENTS: Katherine A. King, Brent & Dawn Trombly, Todd M. Wise, Derek J. Townsend, Lucas M. Quinn.
PISTOL PERMITS: Karel reported that the Selectmen have been informed by Chief Scott Kinmond that the names of those who receive a pistol permit from the Police Department are to remain confidential per the state’s RSA. Therefore the Selectmen will no longer be reporting this item.
V. PUBLIC MEETING:
1. Karel reported that the Selectmen received correspondence from Jim Castleberry, Al Hume and Garry Torressen, members of the Moultonborough Citizen’s Alliance, requesting information from the Selectmen and the Town Moderator regarding rules and requirements for write-in candidates in the upcoming election. Karel asked the Town Moderator, Mel Borrin to answer their questions. Mr. Borrin addressed their first question regarding the legality of using stickers for write in votes on official ballots. He informed the Citizen’s Alliance that based on the court case they cited, Mary G. Kibbe vs. the Town of Milton, that the NH Supreme Court overruled the NH Superior Court ruling. He then read their letter sent to the Selectmen. Mr. Borrin reported that he conferred with the NH Secretary of State’s office and spoke with Assistant Secretary of State Manning. Mr. Manning agreed with Town Counsel’s opinion that stickers/ labels/pasters may not be used by voters. Any ballot that has a label affixed to it will disqualify the vote for the ‘write in’ candidate. Mr. Borrin stated that RSA 659:65, II is clear, allowing only election officials to place labels/stickers/pasters on ballots that have already been printed in the case of a candidate’s death or disqualification. Al Hume asked Mr. Borrin how write in candidates are qualified. Mr. Borrin replied that all write in votes are counted. He added that incorrect spelling of the candidate’s name will not disqualify the vote. Herb Farnham asked Mr. Borrin how many of the write-in votes for him from last year’s election were disqualified. Mr. Borrin replied that all write-in votes were counted. Jim Castleberry asked for information regarding using high school students as voting monitors. Mr. Borrin responded that with the Accuvote machine, monitoring has not been necessary. He further explained how the Accuvote machine works, detecting any differences from the printed ballot. All write-in votes are counted by hand. Mr. Borrin confirmed that voters can insert their ballots into the ballot machine. Gary Torressen asked for clarification about where candidates can stand at the polls. Mr. Borrin replied that there will be a roped off area outside of the Public Service Building for candidates. He reminded everyone that signs must be held by candidates and if they are found stuck in the snow or lying about they will be considered discarded and will be collected. A candidate can ask that the sign be returned to him/her. Mr. Torressen asked if voters can bring into the voting booth written guides with write-in candidates’ names on them. Mr. Borrin replied that this is permissible, but the material must not be left in the ballot booth. If this occurs then the booth is closed to allow officials to clean it and remove the material. He also asked that the pens be left in the booth. Mr. Borrin reminded everyone that soliciting votes by a candidate inside the building is not permitted and to report this to the Town Moderator at once. Jordan Prouty questioned why this letter was sent to the Selectmen and Town Moderator, specifically asking if any candidate has died or been disqualified. Karel and Mr. Borrin both replied that thankfully this has not occurred. Mr. Hume asked if observers were allowed. Mr. Borrin stated that Town elections are non-partisan and this request has never been made before. In order to be an observer, a letter of intent must be presented well in advance of the election to the Moderator, stating their party affiliation. All observers must be at least four feet away from the ballot area. Mr. Farnham asked if candidates that are running are allowed to be in the voting area. Karel and the Selectmen responded that they would never do this. Mr. Borrin replied that candidates are not allowed in the voting area, with the exception of the Town Moderator. Karel thanked Mr. Borrin for attending their meeting to respond to Citizen’s Alliance letter and to address their questions.
VI. NEW BUSINESS:
1. Tuition Reimbursement Request, Officer Peter John: Karel acknowledged Officer John’s letter, which is notification that upon his successful completion of his course, he will be requesting tuition reimbursement.
2. MPD Expenditure Request: Karel stated that the Selectmen will wait until next week to act on this request upon receiving a revised memo from Chief Kinmond.
3. Correcting Action of July 5, 2007: Karel reported that in July the previous Town Administrator mistakenly reported an incorrect labor grade for a Town employee at grade 6, when it should have been grade 5. She added that the employee has been notified and understands that this was done in error. Betsey Made the Motion to correct the action of July 5, 2007 from grade 6 to grade 5. Ed Seconded the Motion. The Motion carried Unanimously.
4. Fishing Tournament Launch Request, Forge Pond Bassmasters, August 8 & 10, Lee’s Mills: Karel reported that Chief Kinmond and Chief Bengtson recommend approving the request. Approved by Consensus.
5. Application for Sign Permit, Michael Dion, Whittier Highway: Karel reported that the CEO finds that the proposed sign complies with the ordinance. Ed Made the Motion to approve the Application for Sign Permit from Michael Dion, located on Whittier Highway, for Dions Place & Landscapes. Betsey Seconded the Motion. The Motion carried Unanimously.
6. Application for Temporary Sign Permit, Townsend’s Hometown Grocery, LLC, 967 Whittier Highway: Karel reported that the CEO finds that the temporary sign complies with the ordinance. Betsey Made the Motion to approve the Application for Temporary Sign Permit for Townsend’s Hometown Grocery, LLC, 967 Whittier Highway. Ed Seconded the Motion. The Motion carried Unanimously.
7. Karel stated that the Coalition Communities has requested Selectmen’s representatives to attend an upcoming meeting March 27th. In the past she, Ed and the Town Administrator have attended these meetings. Betsey stated that she was fine with this representation.
8. Karel reported that it has come to their attention that the budget will need to be amended at Town Meeting. She explained that the Town received a certificate from Citizen’s Bank and it was mistakenly thought that the bond for the Waste Management Facility was paid in full. In fact there is one more year left and one more payment due. The Town will receive $50,000 from the Landfill Reclamation Project to offset the payment of $273,000.
VII. OLD BUSINESS:
1. Attorney Doug Hill, Letter to DOT, Easement Request: Karel stated that this is the letter of intent to DOT for an easement over the state’s salt shed property on Whittier Highway, providing an alternate way to the Fox Hollow area. Betsey reported that she spoke with Butch Knowlton at DOT and learned that the state is planning on constructing a cold storage building on the property. Ed Made the Motion to authorize the Chairman to sign the letter to DOT. Betsey Seconded the Motion. The Motion carried Unanimously.
VIII. OTHER BUSINESS:
1. Legislative Update: Betsey reported that they’ve been on vacation this week, but she is expecting to be in Concord every Wednesday and Thursday for the time being as many house bills will be coming up.
2. Planning Board Update: Ed reported that they met last night and worked on subdivisions. In addition they discussed the upcoming meeting with Cartographics to learn about their GIS layering.
3. Administration Update: Carter informed the Selectmen that he has scheduled to meet with Chief Kinmond in order to map out, using GIS, various areas for consideration for a residence ordinance for sexual offenders. In addition he will also meet with Town Counsel to discuss the same. Also scheduled is a meeting with the Land Use Boards regarding MRI and also to discuss a policy for the closing of Town offices due to emergencies and inclement weather. Betsey commented that this became an issue as the recent closing occurred on a Planning Board meeting day, and they have time sensitive applications. Judy Ryerson commented that this past closing, everything worked out OK as she was able to speak with the applicant and he waived the thirty day time clock.
4. Zoning Board of Adjustment Meeting Minutes, February 20, 2008: Acknowledged.
IX. PENDING:
1. Residency Ordinance for Registered Sexual Offenders: Addressed.
2. Policy for Closing Town Offices Emergency/Inclement Weather: Addressed.
3. Recreation Activities Assistant Position, Thursday, February 28, 2008, 4:00 p.m.: Karel stated that today was the last day to accept applications for this position. Donna will review the applications and make her recommendations to the Selectmen.
IX. CORRESPONDENCE:
1. Paul Punturieri, February 23, 2008: Karel summarized Mr. Punturieri’s letter that he is not opposed to the community/senior center, but is upset that it has become an adverse issue. He asked for information regarding the number of and amounts in all of the Town’s capital reserve funds and status of outstanding bonds. Karel commented that this information is within the posted budget for 2008, which is public knowledge. In addition, he requested specific information regarding the impact to taxes if the petitioned Warrant Article requesting $375,000 for architectural and engineering study is approved. Karel responded that the Selectmen will provide him with this information and it will be included in their response. Regarding his question about the verification of the eligibility of the 300 petitioners and how many are members of the Lions Club that signed the petition for the $375,000, Karel stated that the Town Clerk is required to verify 25 signatures and that is all that is required. Betsey stated that Mr. Punturieri is welcome to come into the Town Hall and spend the time to verify the names using the Voter Registration book. Mr. Torressen asked the Selectmen if the 300 signatures had an impact on their decision to recommend the warrant article. Ed replied that he looked at the signatures and recognized most of the people on the petition. He added that he was impressed with how many signatures were on the petition. As Selectmen he feels that he should be responsive to what the majority of the Town wants and seeing a high interest did help him to change his mind. Betsey commented that as a Selectman she trusts that things are done correctly and her trust exceeds any paranoia. She added that she trusts the Town’s people and reiterated that the Town Clerk is only required to verify 25 names and she doesn’t need to do anymore.
2. Jim Castleberry, Al Hume, Garry Torressen, February 25, 2008: Addressed.
X. ADJOURNMENT: Betsey Made the Motion to Adjourn. Ed Seconded.
Motion Carried Unanimously.
Karel adjourned the meeting at 7:54 p.m.
_____________________________________ ____________________________
Approved Date
Respectfully Submitted
Hope K. Kokas, Office Secretary
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