Minutes of Meeting CONWAY BOARD OF SELECTMEN. December 4, 2007

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Adopted: 1/22/08 As written Minutes of Meeting CONWAY BOARD OF SELECTMEN December 4, 2007 The Selectmen s Meeting convened at 4:10 p.m. in the Meeting Room of Conway Town Hall with the following present: Selectmen C. David Weathers (Chair), Larry Martin, Gary Webster, and Howard C. Dickinson; Town Manager, Earl W. Sires; and Recording Secretary, Karen Hallowell Selectman, Mark Hounsell, was not in attendance. PLEDGE OF ALLEGIANCE Chairman Weathers led the Board in the Pledge of Allegiance to the Flag. SIGNING OF DOCUMENTS folder. The Board reviewed and signed various documents contained in the signature CONSIDERATION OF BILLS The Board reviewed and signed the manifest dated December 6, 2007. APPROVAL OF MINUTES Mr. Webster moved, seconded by Mr. Dickinson, to approve the regular and non public minutes of 10/16/07 as written. The motion carried 4-0-0. CERTIFICATE OF APPRECIATION RUSSELL HUNTER RECREATION BUS DRIVER Russell Hunter and Recreation Director, John Eastman, joined the meeting. Also in attendance was Teen Center Coordinator, Jim Rozzell and Recreation Administrative Assistant, Lenore Wagner. Mr. Weathers presented Mr. Hunter with a Certificate of Appreciation and thanked Mr. Hunter for over eleven years of service to the Town of Conway as bus driver for the Town of Conway Recreation Department. John Eastman presented Mr. Hunter with a plaque and also thanked Mr. Hunter for his service to the Town. Jim Rozzell presented Mr. Rozzell with a jacket. BALD HILL ROAD DRIVEWAY MATTER BOB DAVIS Bob Davis of Bald Hill Road, Conway, joined the meeting. Public Works Director, Paul DegliAngeli, and Code Enforcement Officer, David Pandora, were also present for discussion. Mr. DegliAngeli advised that Bob Davis had asked the Town s Highway Foreman if he could modify his driveway and the Town advised Mr. Davis that he would have to fill out a driveway permit application. Mr. Davis did work on the driveway without a permit

Minutes of Selectmen s Meeting December 4, 2007 Page 2 prior to this. Mr. DegliAngeli advised that he wrote to Mr. Davis and advised him he needs to resolve this issue and, also, there are presently two driveways to the properties. Mr. DegliAngeli referred the Board to the packet of correspondence in the agenda packet for a history on this matter and reviewed same. Mr. Davis advised he is not happy with the decisions made and was here to talk with the Board regarding same. Mr. DegliAngeli explained that only one driveway is permitted for the property. Mr. Davis is requesting paving for the second access on Bald Hill because he is bottoming out. Bald Hill is a steep road and because of the drainage there are deep swales on this road and this is why he is bottoming out. He is not permitted for the second driveway and now he is asking for a third access. Need to determine if allowing the second access first. The tarred driveway is the one that was originally permitted. Mr. Davis advised second access is a dirt driveway and was there when he moved there in 1998. He then put in a garage. Mr. Davis questioned if he removes Chadbourne Lane driveway, where he has DES violations, would the Board grant him two accesses on Bald Hill Road. There was discussion. Mr. Martin stated he would agree to this but that Mr. Davis would need to apply for a second driveway so that it is on the record and the rest of the Board agreed. Mr. Weathers stated that the Chadbourne Lane issue should be addressed with the State as well and the Board agreed. Mr. Martin moved, seconded by Mr. Weathers, that the town issue a second driveway permit on Bald Hill Road contingent on the fact that he remove the driveway on Chadbourne Lane and satisfy the DES reclamation requirements. The motion carried 4-0-0. Mr. Weathers reiterated that the town will issue the driveway permit after he satisfies the DES requirements. Mr. Davis understood and agreed. DISCUSSION REGARDING RESIDENTIAL BUILDING INSPECTIONS It was agreed that discussion on this agenda item would be carried to a future meeting. DISCUSSION REGARDING THE DUMP STORE OPERATION AND MANAGEMENT Mr. Dicksinson stated that first that it was never his intention to ever close the dump store. Mr. Dickinson next stated that he proposes having a sign put up at the dump store and design same that it cant be torn down stating no loitering. Mr. Dickinson stated he further proposes that rules be put in place such as no hanging around more than 15 minutes per day or the person loses their dump sticker; any vehicle with out of state plates be asked to prove they are in the MWVSWD; that rude or inappropriate behavior should be reported; that town employees have the right to remove dump stickers for cause; that matters should be reported to the police; and to please enjoy the dump store. Mr. Dickinson further suggested maybe even hiring an extra person on weekends to help with the dump store. Mr. Weathers stated that he went to the dump store recently and asked about the problems they were having. The attendant indicated that things have been better since the problems were discussed. People were intimidated recently and we can not have that happening. Mr. DegliAngeli questioned if we should modify the Solid Waste budget for help should the signs not help before the budget is done. Mr. Dickinson added such a person could be available to deal with any other situations needed at the dump and in

Minutes of Selectmen s Meeting December 4, 2007 Page 3 the summer. Mr. DegliAngeli suggested Memorial Day to Labor Day. Mr. Dickinson felt it should be earlier than Memorial Day. Mr. Sires suggested 6-10 months a year for 10-13 hours for approximately $4,000. Mr. Dickinson suggested that a job description would be to assist the guard and deal with any problems that come up at the dump. Mr. DegliAngeli stated this person could also determine suitability of items left at the dump store and could restrict certain items in the future, i.e. possibly clothing or linens. Mr. Webster stated with regard to the code of conduct, that we do not need to be ripping stickers off of cars at this time. Mr. Weathers suggested the sign state that items dropped off will be reviewed by the attendant. Mr. Sires suggested that he draft language with the suggestions made and bring same back and the Board agreed. NHLGC HEALTH TRUST RESOLUTIONS The Board considered the following NHLGC Health Trust Resolutions: A) PLT2011-Resolution for Participation in the Multi Year Rate Guarantee Program of the Local Government Center Property-Liability, LLC; B) WCT2011-Resolution for Participation in the Multi Year Rate Guarantee Program of the Local Government Center Property-Liability, LLC d/b/a Local Government Center Workers Compensation Trust; C) Certification Authorizing Resolution; and D) Joint Authorization and Power of Attorney Mr. Dickinson stepped away from the meeting at 4:46 p.m. Mr. Sires reviewed the Board stayed with LGC for Health Insurance and also have Workers Compensation and other insurance services through LGC and we have bundled insurance. LGC needs to formal approval of same. Mr. Martin moved, seconded by Mr. Webster, that we approve NHLGC Health Trust Resolutions, Part A, B, C, & D, as on the agenda, to be signed by the Town Manager. The motion carried 3-0-0. CONSIDERATION OF PROPOSED 2008 BUDGET Mr. Dickinson returned to the meeting at 4:50 p.m. Mr. Sires reviewed the Executive, Fire and Emergency, and Library portions of the budget were put on hold for approval at the last meeting. Mr. Sires reviewed that with regard to the Executive budget, the Board of Selectmen raise could either be placed in the budget or could be a warrant article. The Board briefly discussed and agreed this should be a warrant article. Mr. Martin moved, seconded by Mr. Webster, to approve the Executive budget at $214,933. The motion carried 4-0-0. The Board next considered the Fire and Emergency budget. Ms. Philbrick advised the non precinct fire line is now 241,477 and the total for Emergency Services is 417,198. Mr. Martin moved, seconded by Mr. Webster to accept $417,198 for Emergency Services. Mr. Webster advised that he would like to see the report but would support moving this to the Budget Committee at this time. The motion carried 4-0-0. It was next agreed that the Solid Waste budget needed to be revoted on to add $4,000 to the personnel line as per the discussion earlier in the meeting regarding the dump. Ms. Philbrick advised line 1650/Solid Waste wages the final number would be $319,486 and the total for Solid Waste is now $714,978. Mr. Martin moved, seconded

Minutes of Selectmen s Meeting December 4, 2007 Page 4 by Mr. Webster, to accept the amount of $714,978 for Solid Waste. Mr. Webster questioned what happens if the current employee wants to pick this up. Mr. Sires advised this will be separate and it will not be a full time employee with benefits. The motion carried 4-0-0. The Board next reviewed the Library budget number does not change. The Board was looking for updated information from the Library. Mr. Martin moved, seconded by Mr. Webster, to accept the 2008 budget number, $438,141 for the library. The motion carried 4-0-0. The Board reviewed the bottom line budget number of $9,131,361. Mr. Webster moved, seconded by Mr. Dickinson, to move the bottom line $9,131,361. The motion carried 4-0-0. TOWN MANAGER REPORT Snowstorm Mr. Sires commented the road crew did a great job yesterday with the snowstorm. Mr. Weathers commented on the good job they did on the roundabout as well. Mr. Webster asked about snow removal on sidewalks in Conway Village and Mr. Sires advised he would check into this matter. Tax Sale Mr. Sires reported the Tax Sale is scheduled for tomorrow, December 5, 2007 at 1:00 p.m. at Town Hall. Revenue Reports Revenue reports were distributed to the Board for review. BOARD REPORTS AND COMMENTS Pennichuck Mr. Webster reported the Board met with Town Counsel earlier in the day and reviewed an agreement signed by Pennichuck. The Board is pleased with the protections in that agreement and wishes them well as they move toward getting water to Birch Hill. Mr. Martin commented this Board does not anticipate further action at this time. Mr. Webster added the protections we had hoped for are in place and down the road we may entertain discussions regarding ownership of the pipe. Mr. Martin further added that North Conway Water Precinct is to be congratulated on their efforts and all of the hard work they did in putting this together as well and the Board agreed. PUBLIC COMMENTS / MEDIA QUESTIONS There were no public comments or media questions. NON PUBLIC SESSION / RSA 91-A,II(c) / TAX MATTER WEST MAIN RECREATION At 5:09 p.m. Mr. Webster moved, seconded by Mr. Martin, to go into non public session. Mr. Weathers advised the non public session would include Town Manager, Earl Sires, Tax Assessor, Tom Holmes, West Main Recreation Representatives, Bob Murphy and Jay Donabedian, and Recording Secretary, Karen Hallowell. The motion carried by unanimous roll call vote. At 5:59 the Board returned to public session. A vote to seal the minutes was made and carried in non public session.

Minutes of Selectmen s Meeting December 4, 2007 Page 5 ADJOURN Mr. Webster moved, seconded by Mr. Dickinson, to adjourn the meeting. The motion carried unanimously. The meeting adjourned at 6:00 p.m. Respectfully submitted, Karen J. Hallowell Executive Secretary