Selectmen Raise Concerns Over Conservation Commission Signs
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Chair Nelson Rheaume also said paying for the signs was not right, a view agreed to by selectmen Steve Brown and Brenda Copp.
Brown, who is liaison to the conservation commission, read into the record a portion of state law dealing with "electioneering," which is an attempt to influence a voter.
Electioneering, by which an entity acts in a way designed to influence a voter, is unlawful according to New Hampshire law if done by a "public employee."
The subtleties of the matter come into play, however, with previous selectman Roger Barczak, and research he did during his term on that issue. Barczak was concerned that a decision a previous board had made, on whether the conservation commission could spend its money on a mailer urging people to come out and vote either for or against the Minton property purchase in 2008, was lawful. At the Feb. 7 selectmen meeting, Barczak outlined a lengthy argument, citing a U.S. Supreme Court ruling, two letters from town attorneys, an article in a Local Government Center publication, and a state House bill under discussion, all which led him to the conclusion that governmental bodies, not "public employees," could spend money to support their own measures, and that the previous board's decision should be overturned.
Some of the argument rested on a 2005 Supreme Court ruling in Johanns v. Livestock Marketing Association, when the court stated, "The government, as a general rule, may support valid programs and policies by taxes or other exactions binding on protesting parties. Within this broader principle it seems inevitable that funds raised by the government will be spent for speech and other expression to advocate and defend its own policies."
Nicolaisen said the board should learn from the previous mistake.
Contacted after Monday's meeting, conservation commission member Matt Russell said that after a letter of apology from Barczak on the earlier issue and a recent decision by the board of selectmen to write and endorse a warrant article that would remove half of the commission's funding, the commission considered it within its jurisdiction to reach out to the public with its views on two articles that would have a large impact on the town.
Russell said he was perturbed that the selectmen didn't contact the commission before speaking on the topic.
Leading up to the vote, conservation commission members argued against the land use change tax split, not only because the town had voted to give the commission 100 percent of those funds in 2004, but because they did not think it correct to have the board of selectmen draw up and pursue such a change.
Commission members said such a major change should instead come from an upswell of resident concern.
The article failed, with 705 no to 516 yes votes.
Barczak, the only selectman to oppose the measure, called it "unprecedented."
Russell said the commission put a lot of thought and research into the decision to pay for the political signs, and did so primarily because members thought it was within their rights.
Brown was not present at the meeting when the conservation commission voted on the measure.
The board of selectmen hopes to put the commission on an upcoming agenda to further discuss the issue.
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Selectmen Oppose Tax Exemption for Telecommunication Poles
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"I don't want to buy your Pay as you Throw bags," he said, adding that small-town residents don't want to be "told" how they should dispose of their trash and recycle, and oppose anything that is mandated. He suggested rewarding people who recycle with a discount, while penalizing those who don't by adding a surcharge.
"Whatever, people need to recycle but they don't want government intrusion or an end around to accomplish it, and I don't want to be told I have to go and purchase bags," he said.
The committee consensus was if Pay as You Throw or another system utilizing bags were to be implemented, the first bag should be free.
Just before the election, a brochure was mailed to all town residents explaining the Pay as You Throw system and detailing what can and can't be recycled. Despite the overwhelmingly negative vote, committee secretary Tina Harrington said since the brochure hit people's mailboxes, recycling bins "have been flying off the shelf.
"We had 65 before the brochure was mailed and we have a dozen left and need to order more," she added.
The committee members decided education is the key and appears to be working. One thing that is known about implementing any new system such as Pay as You Throw is that townspeople fight it in the beginning. The committee decided to continue its education efforts by holding forums, meeting with groups and organizations and doing mailings if necessary.
Chris Kowalski, a visitor at the meeting who is thinking about joining the committee, suggested placing signs at major intersections encouraging recycling. The committee plans to address the most frequently asked questions, clear up misconceptions and dispel the myths surrounding Pay as You Throw system, while attacking the bigger picture of reducing trash disposal while increasing recycling.
The committee is considering reducing the allowable amount that residents can put out for trash pick-up. The present amount is eight bags or four barrels, and the committee said people may make more of an effort to recycle if that amount were cut in half.
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Police Chief Notes Concern Over Employee Health Contributions
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Currently employees pay 5 percent for single-person coverage, and 10 percent for either a two-person or family plan.
Burke referenced a Tri-Town Times article on the budget committee discussion. He said that despite what committee members Rhonda Lamphere and Stephen D'Angelo, said, nowhere in the "real world" were employees covering 5 or 10 percent of their health insurance benefits.
"Historically people get into public service because the benefits are good. The pay isn't always great; you're not going to become a millionaire, but the benefits are good," Burke said.
The chief added that he understood the cost of health insurance was increasing, but said it was a small investment the town made in its few full-time employees to keep morale high, and to avoid the town's becoming a "revolving door" employer. Burke said it was bad for business to have employees think they were "walking on thin ice all the time," and added that while he wasn't unwilling to pay his fair share, if the town started to spike contribution levels, he wouldn't be surprised to see employees leave.
Burke also took issue with an inference by Lamphere that increasing contributions was defensible because employees still had jobs in a tough economy.
"It implied to me that I was lucky to have a job, and I took offense at that," said Burke.
"I think the implication is pretty broad. There was nothing ever said about employees being lucky to have a job," responded Lamphere at the conclusion of Burke's talk.
Lamphere's actual statement from the meeting, one she said was her own and not the committee's view, was, "The argument we got last year was that they got such little raise it would make them upside down. I understand that. That's not pleasant for anybody, but people, they still have their jobs. Their jobs aren't threatened. I don't think that's a valid reason for the selectmen not to be doing something about this."
Lamphere did not specifically address the employees' contribution levels, but focused instead on the need to shop around for lower cost health insurance plans, as well as the importance of taxpayers knowing how much they were paying for those plans. She noted the $24,000 price tag for a family health plan in town as simply too high, and said it was time for the selectmen to look into other options.
"Of course we want to keep employees happy, but everybody needs to help," said Lamphere.
The board of selectmen has asked finance director Angela Sherwood to investigate health plans.
Selectman Steph Landau said he could see both sides of the argument, but noted it was important to remember that different sectors are set up differently. He added that he was extremely happy with the caliber of the town's employees and wanted to keep them around. And he added that though he'd like to drive a Porsche, he drove a 6-year-old truck and could put himself in the shoes of the employees.
"I don't begrudge anybody their success. I'd like to drive a Porsche, but don't look at me and say times are tough," said Burke.
Burke added that he was willing to pay his fair share of health insurance costs, but said Chester was not the only town in the area with such contribution percentages.
After the meeting, road agent Mike Oleson, speaking as a resident, said his construction company operated in the "real world" and his employees contributed 10 percent to their health insurance costs.
Selectman Rob Brown said that though the board was shopping around, as far as he understood it, no discussion had occurred at the board level about cutting benefits.
Selectman Jack Cannon said he would like to get back to a point where the town has small annual increases to the employee contributions to health benefits. He said it was wise to increase the percentage incrementally, and added that the board's job is to strike a balance between what's right for the employees and for the taxpayers.
Nothing was resolved at the meeting, but the budget committee has said it would like to discuss the topic with the selectmen at their March 18 meeting.
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