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Selectmen's Minutes 01/11/2012
 GILFORD BOARD OF SELECTMEN’S MEETING
January 11, 2012
Town Hall

The Board of Selectmen convened in a regular session on Wednesday, January 11, 2012, at 7:00 p.m., at the Gilford Town Hall, 47 Cherry Valley Road, Gilford, NH.  Selectmen present were John O’Brien, Gus Benavides and Kevin Hayes.  Also present were Town Administrator Scott Dunn and Executive Secretary Sandra Bailey.  

Staff members in attendance included DPW Director Sheldon Morgan, Police Chief Kevin Keenan, Police Lieutenant Kris Kelley, Police Lieutenant Jim Leach, Fire Chief Steve Carrier and Town Clerk/Tax Collector Denise Gonyer

  • Non-Public Session – 6:00 p.m. - Selectman Benavides moved enter non-public session at 6:00 p.m., pursuant to RSA 91-A:3, II (a) to discuss the sale of real estate and a personnel issue.  Selectman Hayes seconded.  Motion carried on a roll call vote with all in favor.  Present were Selectmen John O’Brien, Gus Benavides and Kevin Hayes.  Also present was Town Administrator Scott Dunn.
  • Sale of Real Property – A decision was made, with the minutes sealed until January 25, 2012.
  • Dismissal and Compensation of Public Employees – Selectman O’Brien moved to approve Amendment #1 of the Employment Agreement for Gilford Town Administrator, as presented.  Selectman Hayes seconded.  Motion carried with all in favor.
  • The Board concurred to continue funding the staff of the Department of Planning and Land Use and Town Clerk/Tax Collector’s Office, as set forth in the Selectmen’s recommended FY2012 Budget.
  • Selectman Benavides moved to exit non-public session at 7:00 p.m., until the end of the regular meeting, and seal the minutes regarding The Sale of Real Estate until they are approved by the Board of Selectmen on January 25th.  Selectman Hayes seconded.  Motion carried with all in favor.
  • Pledge of Allegiance – The Selectmen recited the Pledge of Allegiance.
  • Announcements/Presentations – Chairman O’Brien made the following announcements:
  • A staff member from Congressman Frank Guinta’s office will be at the Town Hall on Thursday, January.
  • There will be a Budget Committee Public Hearing (Town Budget) Thursday, January 12, 2012 at 6:30 p.m. at Gilford High School.
  • The Town Hall and Library are closed on Monday, January 16, 2012 in observance of Martin Luther King’s Birthday.
  • There will be a tax deed auction on February 4, 2012 at 11:00 a.m. for Slip E31 at Mountain View Yacht Club at the Town Hall Conference Room.
  • The Cemetery Trustees will conduct a Baked Goods & Flower Sale on Tuesday, February 14, 2012 from 2:00 p.m. to 4:00 p.m. in the Town Hall foyer.
  • There will be a public hearing on Friday, January 20, 2012 at 6:30 p.m. regarding petition warrant articles that have been submitted.
  • Review/Approval of Minutes
  • Selectman Benavides moved to approve the minutes of the regular session of December 28, 2011.  Selectman Hayes seconded.  Motion carried with all in favor.
  • Consent Agenda
  • Selectman Benavides moved to approve the previously signed items for the period December 27, 2011 through January 6, 2012.  Selectman Hayes seconded.  Motion carried with all in favor.
DOCUMENT DATE
DOCUMENT
MAP/LOT #
09/29/11
Change of Status - Parent
12/09/11
Payroll Register
12/09/11
Abatement - Carye
240-094.000
12/12/11
Payroll Register
12/12/11
Payroll Register
12/13/11
Accounts Payable Manifest
12/14/11
Municipal Work Zone Agreement
12/14/11
Change of Status - Tidd
12/14/11
Boat Agent Appointment - Mountain View Yacht Club
12/15/11
Notice of Lien - Moynihan
254-025.000
12/15/11
Notice of Lien - Patten
224-046.051
12/17/11
Change of Status - Hanson
12/18/11
Change of Status - Bailey
12/19/11
Payroll Register (2)
12/20/11
Abatement - Tibbetts
229-036.000
12/22/11
Veterans Tax Credit - Glover
205-006.005
12/22/11
Veterans Tax Credit - Zarling
224-049.018
12/27/11
Accounts Payable Manifest
12/28/11
Accounts Payable Manifest
12/28/11
Sewer Abatement - Laurier
203-040.00
12/28/11
Traffic Regulations 39-A
12/28/11
Safety Manual Amendments
12/28/11
Personnel Policy Amendments
12/30/11
Change of Status - Verdile-Philibotte
12/31/11
Change of Status - Clarenbach

  • Public Hearings
  • Issuance of Bonds or Notes in Excess of $100,000 – Chairman O’Brien asked Fire Engineer Bill Akerley or Fire Chief Steve Carrier to make some opening remarks regarding the proposed purchase of a new fire engine.  Mr. Akerley stated that the Fire Engineers unanimously voted to support the replacement of the 25-year old engine, not the refurbishment of it.  The Fire Engineers do not think it is prudent to invest 25% of the cost of a new engine into refurbishing a 25-year old truck.  The replacement truck is needed to provide the Town with the level of service that is needed.
  • Selectman Hayes asked Mr. Akerley if the truck is refurbished how long it would be out of service.  Mr. Akerley replied approximately 6-8 months, with no back-up.  Selectman Hayes further asked Mr. Akerley if he could look into the availability and cost of a rental truck that could be used in its absence.  Selectman Hayes then asked for an explanation of why the cost of a new engine in Center Harbor was $350,000 and the engine Gilford is proposing is almost $450,000.  
  • Chief Carrier responded that he met with the Center Harbor Fire Chief recently, who detailed some of the specifications of their engine.  Some of the significant differences included: no generator, no manifold intake valve, no medical provision, fold-up seats, only two hose lines, no cord reels, conventional ladder mounting, lower amperage and lighting and 2007 compliant engine, which is borderline in capabilities to run the pump.
  • Chairman O’Brien asked if most firefighters go directly to the scene or respond to the station.  Chief Carrier responded that they mostly respond to the station.  Chairman O’Brien further asked if one of the other vehicles is equipped with a generator.  Chief Carrier replied that yes, it is, but it is further back in response and a generator can be needed immediately for portable lights, etc.
  • Chairman O’Brien questioned if some of the issues with the existing engine were ever discussed at a Board of Fire Engineers meeting.  Chief Carrier responded that day to day operations are taken care of by the Chief and reports are made to the Fire Engineers, although not in detail.  Any maintenance issues with the engine were addressed.
  • Selectman Hayes inquired about the delivery date of a new engine, to which Chief Carrier replied that if it is ordered right after Town Meeting it would be delivered in December.  Chairman O’Brien asked about purchasing a fire truck “off the lot”.  Chief Carrier stated that it is possible, but these trucks are “cookie cutter” and would still need to have extras added to them.
  • Brief discussion ensued regarding the probability of the existing engine lasting for one more year.  Chief Carrier stated that it was speculative, but maybe 70%.  He pointed out that if the vote to purchase a new truck is deferred for one more year, it would actually mean that a replacement would not be delivered for almost two years.  
  • Chairman O’Brien then opened the hearing for public comment.  Kevin Leandro began his comments with concerns for honesty.  He thinks that the warrant article for the fire engine should show the total cost of $507,000, not $450,000, which does not include the interest that would be paid over the term of the note.  He further stated that he thinks refurbishing the truck is the solution and the Town should wait for the economy to recover before purchasing a new engine.  
  • Mr. Leandro advised the Board that between himself and Pat Labonte, they have 70 years of experience in the trucking industry.  They both think that the truck is roadworthy and the repairs are “not a big deal”.  Mr. Leandro then stated that this type of truck is good for one million miles and with 79,000 miles on it, it is barely broken in.  He thinks that Valley Fire Equipment has a very limited customer base and is very close to Chief Carrier.
  • Mr. Leandro then proceeded to discuss the estimate that was provided by Valley.  He stated that most of these issues are simple repairs that can be taken care of in-house.  He does not think that the repairs in the estimate should exceed $20,000.  He reiterated his previously stated concern for honesty, where he stated that a previous presentation to the Board on the condition of the existing engine indicated that the pump had not failed.  
  • Mr. Leandro quoted some of the minutes from Board of Fire Engineer meetings where this engine was discussed, emphasizing that the engine has only been discussed four times over the past five years, all for minor repairs.  He stated that there is no way to justify the expenditure for a new engine to the taxpayers.  He further stated that a maintenance management program should be started immediately and if one had been in place, the repairs recently done at Valley could have been prevented.
  • Mr. Leandro has purchased fifty trucks throughout his career and urged the Board of Selectmen to reconsider their recommendation.  Selectman Hayes asked Mr. Leandro if he would guarantee that these repairs would not exceed $20,000.  Mr. Leandro replied that the cost of in-house repairs over the past five years is $2,300, reiterating that the repairs needed are easy to complete.  The existing engine is solid and the Town would be throwing money away by purchasing a new truck.  Selectman Hayes asked what would happen if the truck failed.  Mr. Leandro replied that the truck is actually too heavy and the repairs can be done in-house.  He noted that this would not include tires since they are routine maintenance items.  The cab mounts are the only items that really need to be addressed.  When asked, resident Pat Labonte stated that he concurred with Mr. Leandro’s opinion.
  • Brief discussion ensued regarding corrosion issues that occur keeping a vehicle garaged.  Chairman O’Brien asked if Fire Engineer Akerley or Chief Carrier had any closing comments.  Mr. Akerley stated that Mr. Leandro’s comments were more directed as personal attacks than recommendations.  The Board of Fire Engineers relies on specialists for information and that is how they made their recommendation.  Mr. Leandro stated that he was not attacking the Chief   and his comments were not personal.
  • Chairman O’Brien closed the public hearing at 7:50 p.m.
  • Proposed Traffic Regulation – Shore Road & Brook Road Yield Intersection – DPW Director Sheldon Morgan explained the situation regarding the request for a yield sign at the intersection of Shore Road and Brook Road on Governor’s Island.  A resident of the area requested a stop sign intersection and after Director Morgan conferred with Chief Keenan, they decided to take a more passive approach and recommended the installation of a yield sign instead.  
  • Since that time, Director Morgan has taken several phone calls from Governor’s Island residents, who would still prefer a stop sign.  After further consultation with Chief Keenan, they determined that they have no issue with this and the cost would be the same whether it is a stop sign or yield sign.  
  • There being no comments from the public, the hearing was closed at 7:55 p.m.
  • Selectman Benavides moved to approve a stop sign traffic regulation at Shore Road & Brook Road, to be effective immediately upon the installation of appropriate signage.  Selectman Hayes seconded.  Motion carried with all in favor.
  • Appointments  
  • Drug and Alcohol Task Force – Debra Laliberte, Chair of the Gilford Alcohol and Drug Task Force, and Lisa Morris, Executive Director of the Lakes Region Partnership for Public Health, were in attendance to discuss the results of the recent Youth Risk Behavior Survey (YRBS) that was given to Gilford students.  Ms. Laliberte stated that there are various members of the Alcohol and Drug Task Force, whose goal it is to unify the community in dealing with drug and alcohol abuse with their youth.  Data from the recent YRBS has shown some startling statistics relative to alcohol and drug use, tobacco use, sexual risk behaviors and behaviors that contribute to unintentional injuries and violence.
  • They are at tonight’s Selectmen’s meeting to seek their support in addressing these concerns, which are community concerns, not just concerns of the schools.  Examples of how this can be done are posting the results of the survey and other pertinent links on the Town website, as well as sponsoring town hall forums.  
  • General discussion ensued regarding some of the statistics that were brought forth in the survey results, among those were statistics indicating that students do not perceive some of their behaviors relative to alcohol & drug use and sexual behaviors as risky.  Lisa Morris also provided the Board with an explanation of how the survey is monitored to ensure the likelihood of truthful responses.
  • Ms. Laliberte advised the Board that the results of the survey were presented at a public forum, which was very poorly attended by community members.  
  • The Board concurred to assist in this endeavor by having info posted onto the Town website and thanked Ms. Laliberte and Ms. Morris for their presentation.
  • Sheldon Morgan – Department of Public Works Update – Director Morgan provided the Board with a spreadsheet of the Public Works Department 2012 Projects, as well as a listing of some of the highlights of the Department over the past few months.  He advised the Board that the Town has saved money due to the lack of weather events, although he stated there have been eight (8) weather events during this winter season.  He also highlighted a filter press, which was constructed by mechanic, Terry Clairmont.  This press will save the Town money by compressing and squeezing out remaining oil in filters so that it can be added to their waste oil, which is used for heat.  The metal portion of the filter is then added to the scrap metal pile, where it is sold for a profit.
  • The Board thanked Director Morgan for his presentation and also commended Terry Clairmont.
  • Old Business
  • FY2012 Budget – Selectman Benavides stated that the Board and Budget Committee are very close on their numbers for the operating budget, with a difference of $12,800, and therefore, moved to amend the Selectmen’s bottom line to $11,055,115, with the $12,800 difference being reduced from the Department of Public Work’s salt budget line.  Selectman Hayes seconded.  Motion carried with all in favor.
  • Triangle Memorial Park – Chairman O’Brien stated that he asked for this item to be placed on tonight’s agenda.  He stated that he is comfortable with following the regulation found by Town Administrator Dunn that would allow the Town to erect the flagpole, as long as it does not interfere with the reasonable use of the highway.  Following discussion on the purpose of hiring Paul Fluet to conduct engineering services in the area, the Board concurred to have Town Administrator Dunn seek legal opinion on RSA Chapter 236, Highway Regulation, Protection and Control Regulations, Section 236:43 Permits.
  • New Business
  • Review/Approve Draft MoneyWarrant Articles & Petition Warrant Articles – The Board concurred to take no action on Articles 1 and 1a of the 2012 Town Meeting Warrant at this time.  Other articles to be considered are those from outside agencies seeking funding for 2012.  Following brief discussion, the Board further concurred to schedule a work session on these recommendations on Tuesday, January 24, 2012 at 9:00 a.m.
  • Review Proposed Written Authorization Policy & Live Entertainment License Ordinance and Schedule Public Hearing – Town Administrator Dunn stated that a re-write of this policy has been needed, due to the lack of a policy on written authorization contained in the current ordinance.  He also emphasized the need for clarity over recent years of issues that have arisen with two business establishments.  The proposed Policy and Ordinance contains numerous changes, some of which will be advantageous to the business owner and same that will be more challenging.  Overall, Town Administrator Dunn thinks that the changes will be in the best interests of the Town.
  • He also pointed out that the Board would be able to grant waivers on a case by case basis, and if the Board concurs, a public hearing would be held on Wednesday, January 25, 2012.  Town Administrator Dunn further stated that he expects a legal review would be completed by that date.  Selectman Benavides asked if the Board shouldn’t wait until after the legal review is received to schedule the public hearing, at which time the Board concurred to continue with scheduling the meeting for January 25, 2012.  
  • Selectman Benavides asked Town Administrator Dunn to outline some of the advantages and disadvantages of the proposed Policy and Ordinance to that it would be clear to everyone.  Town Administrator Dunn then outlined some of the proposed changes:
  • Clear authority to the Board of Selectmen
  • Fire Chief and Police Chief can close an establishment if there is deemed to be a hazard
  • More protection for public safety and tied to Building and Fire Codes
  • Clearer timeframes for issuance of license
  • Suspension and revocation due process
  • Entertainment License is tied to State laws
  • Entertainers are protected
  • New fee structure
  • Clear enforcement provisions
  • License conditions will be forwarded to Liquor Commission
  • New application form
  • Selectman Benavides thanked Town Administrator Dunn for this overview.
  • HB1130 – Relative to Weighted Voting by the Winnipesaukee River Basin Project Advisory Board – The Board concurred to authorize Town Administrator Dunn to testify in opposition to this bill.
  • Acceptance of Resignation – Conservation Commission Member – Selectman Benavides moved to accept the resignation of Diane Hanley from the Conservation Commission with regret and sincere thanks.  Selectman Hayes seconded.  Motion carried with all in favor.
  • Review/Approve Proposal from Town Engineer – Preparation of Sewer Operation & Maintenance Manual – Selectman Benavides moved to accept the proposal of Dubois & King in the amount of $7,500 to come from the sewer fund to pay for the development of a sewer operation and maintenance plan as required by the US-EPA.  Selectman Hayes seconded.  Motion carried with all in favor.
  • Public Input – none.
  • Selectmen’s Issues – Chairman O’Brien stated that the Gunstock Acres Village Water District has requested that the driveway to one of their pump stations be named as a memorial to Wade Crawshaw, their operator who recently passed away.  Chairman O’Brien moved to grant permission for the Gunstock Acres Village Water District to name this private driveway, at their discretion and expense.  Selectman Hayes seconded.  Motion carried with all in favor.
  • Administrator’s Report – Town Administrator Dunn reported that the January 16th hearing regarding the Mardi Gras liquor license revocation will be rescheduled to the first week in February, but the hearing scheduled for January 25th regarding the alcohol to food sales ratio is still on.  
  • The Lakes Business Park continues to look at various options for solar light of their sign and Town Administrator Dunn stated that he will be bringing this matter back to the Board shortly for their approval to expend from their Trust Fund for this purpose.
  • NH DES is now reviewing the Memorandum of Understanding between the Winnipesaukee River Basin Project and its member towns.  
  • Town Administrator Dunn has been working to wrap up the FY2012 budget and town warrant.
  • Next Meeting – Regular Meeting – January 25, 2012 at 7:00 p.m.
  • Non-Public Session - Selectman Benavides moved re-enter non-public session at 9:02 p.m., pursuant to RSA 91-A:3, II (a) to discuss the appeal of an employee’s job performance evaluation.  Selectman Hayes seconded.  Motion carried on a roll call vote with all in favor.  
  • During this portion of non-public session, a decision was made.
  • Selectman Benavides moved to exit non-public session at 9:47 p.m. and seal the minutes.  Selectman Hayes seconded.  Motion carried with all in favor.
15.  Adjournment – With no further business before the Board, the Board of Selectmen’s January 11, 2011 meeting was adjourned at 9:48 p.m.  

                                                Respectfully submitted,



                                                J. Kevin Hayes
Clerk


 
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Gilford Town Hall: 47 Cherry Valley Rd, Gilford, NH 03249
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