Town of Greenfield
Selectmen’s Meeting Minutes
Thursday – September 2, 2004 – 6:00 pm
Present: Selectmen - Chairman, William Brooks; Selectman; George Rainier; Selectman; Conrad B. Dumas
The meeting was called to order at 6:00 pm
Administrative Assistant, Deb Davidson taking minutes
Department Heads:
There were no department heads scheduled for this meeting
Appointments:
6:00 – Lyndeborough Selectman, Lorraine Strube; Lyndeborough Administrative Assistant, Neal Cass; Lyndeborough residents Mr. & Mrs. Eugene Hennesey – Others Present: Greenfield Road Agent, Wyatt Fox; Conservation Conservation Chair, Karen Day; Code Officer, Peter Hopkins –
The purpose of calling this meeting to order and inviting Mr. & Mrs. Hennessey and the Lyndeborough Selectmen to attend is a follow-up regarding unauthorized work performed on Old Lyndeborough Mt. Road, this is a violation of RSA 236:9 –14 and RSA 236:38
Discussion opened with Chairman Brooks explaining that there is an assortment of concerns that need addressing.
Modification to the Class VI portion of Old Lyndeborough Mt. Road leading to the Hennesey driveway was discussed. Chairman Brooks reviewed the State Statutes, which address permission to provide modification to roads, and further that only authorization could be granted from the Selectmen from the town the road is located in. Not from an abutting town’s Selectmen. Lyndeborough Selectman, Lorraine Strube stated the Town of Lyndeborough, did not grant any permission to work on any road, and especially not one in Greenfield.
Mr. Hennessey stated that he was not provided permission to work on the road, but he was told to maintain the road. Selectman Rainier read minutes of a Lyndeborough ZBA meeting which the minutes reflect Mr. Hennesey was present and discussed this road. Mr. Hennessey stated due to lack of knowledge he pulled a few stumps. He is willing to fix the road to a mutual satisfaction to both towns. On behalf of the Greenfield Board of Selectmen, Selectman Rainier stated they would prefer to have our highway department repair the road, not Mr. Hennessey. Mr. Hennessey stated he was not interested in that. Selectmen again stated they do not want Mr. Hennessey to do the repairs to the road. Karen Day reported, that she does not understand why the NHDES did not require permits for the culvert (4” drain
pipe). Our highway department must apply for and obtain permits, she did not understand why a resident would not have to have the proper permits.
Mr. Rainier discussed the Selectmen’s Meeting when the Greenfield Board of Selectmen had met with the Lyndeborough Selectmen, Mr. Sowerby alleged that Mr. Hennessey was going to access his property through a right of way over an abutters property, not through the Town of Greenfield portion of Old Lyndeborough Mt. Road Class VI Road.
Road Agent, Fox stated that he understands that they are using approximately 500’ of the Town of Greenfield Class VI Road as their driveway. Mr. Hennessey disagreed, he stated that he believed it was 250’.
Dumas discussed the meeting where the Lyndeborough Board of Selectmen referenced Old Lyndeborough Mt. Road as being a Class V Road, Dumas clarified that this is not true, it is definitely a Class VI Road.
Dumas stated that he will be making a motion later in the evening putting the Town of Lynborough on notice of all Class VI Roads which enter Lyndeborough from Greenfield. The Board of Selectmen do NOT want to go through this again with the Town of Lyndeborough or any other abutting towns.
Selectman Brooks questioned who would have authorized the driveway permit for this house? In Greenfield, Road Agent Fox indicated he would not have authorized such a driveway, he would not have authorization to grant permission for a driveway in another town. Neither would the Town of Lyndeborough have authority to grant a driveway permit off a Greenfield road.
Selectman Dumas asked in the event that Mr. Hennesey approached the Town of Lyndeborough to subdivide his property, they want the Town to further be on notice that the Town of Greenfield would not support such a subdivision and would want to be notified.
Selectman Rainier commented to Mr. Hennessey that hypothetically, if Old Lyndeborough Mt. Road was closed, subject to gates & bars, what would Mr. Hennessey have for alternative options to access his residence? Lyndeborough Selectman Strube stated Pinnacle Mtn. Rd.
Mr. Hennessey plows the Class VI portion of the road, the Town of Greenfield does not go past the Class V portion of the road.
Code Officer, Hopkins discussed a possible solution – we could have the road agent provide a figure for upgrading the road. Realizing engineered drawings would be required, the expense would fall on the landowner (Mr. Hennessey). If it doesn’t get brought up to Class 5, it should, at the very least, be brought up to an acceptable standard for rescue for fire.
Selectman Rainier had a question for Strube? Does the Town of Lyndeborough consider the possibility of placing a lien on the property in the event the town provided the work on the road. She said yes that was an option.
Selectman Brooks read a portion of the letter written by Tracy Boisvert.
Karen Day again discussed concerns regarding the culverts –
Mr. Hennessey stated he was upset because he was called by Dr. Brooks indicating this problem would be solved peacefully, he does not feel that is happening. He is feeling as though he is being picked on.
Rainier suggested Mr. Hennessey refer himself to RSA 236:9-17 and RSA 236:38
Mr. Hennessey stated that he willing to work with the Town of Greenfield as long as he does not have to upgrade the road to a Class V road.
Decision: the facts of this case will be turned over to town counsel for advisement.
Motion by Selectman Dumas that the Town of Lyndborough and all other abutting towns be provided a letter indicating all Class VI Roads, where potential future problems could arise.
Seconded by Brooks & Rainier. Voted: Affirmatively
7:00 – Greg Martus, Karen Martus, Paul Mulcahey, George Chadwick, Micheal Lambert – Driscoll Road discussion followed – Mr. Martus presented an as built plan and profile of the Driscoll Road upgrades. Eric Mitchell & Associates provided the design – all culvert permits have been approved until 2009 as a completion date. Total distance is 9/10 of a mile. Discussion followed with regards to road specs, which were provided by the Town of Greenfield. Rainier asked if any tests have been done for ledge? Martus stated he hasn’t drilled, but his experience in the past has been that there are lots of large rocks.
Selectman Rainier stated he thought he would be seeing a drawing with what would be used for materials etc.
Mr. Martus stated that he understood as long as the road was built to town specs the plans would comply.
Road Agent Fox stated town specs are antiquated, that is the purpose of the engineered drawings.
Rainier stated the purpose of the engineered drawings, stamped, would provide the Town & Mr. Martus with protection for the future of the road.
This is a new case – the first upgraded road –
Engineer asked what exactly is the town looking for? Structural integrity or carrying the load
Rainier stated structural integrity
Mr. Martus asked if borings could be done on what has been developed to date? He would like to know exactly what is needed to be able to provide that to the Town.
Selectmen stated that would be acceptable.
Engineer stated that he understands the board to be more concerned with the road carrying the load. Further suggested a number of spacing for borings, that will determine material under the road, which will be able to provide a reasonable means to move forward with.
Discussion followed regarding that it is agreed the portion of road Mr. Martus has built thus far, is in much better shape than the first 1/3 of the road.
Engineer would like to come back with a proposal, and see what the board thinks.
He is understanding that he needs to include:
Base material
Right of way – proper layout of the road
Potential areas of upgrade is a necessity
What is there now needs to consider plans for upgrade to Town subdivision with new road specs, side slopes – they can do the best they can and the town will try accommodate to the best for everyone.
Road layout needs to be investigated. It is unclear where the road actually has gone.
Testpits, get numbers, use numbers to delineate what needs to be done at each hole. This will allow us a starting point to know what needs to be done.
Mike Lambert stated that he was instructed that Mr. Martus needs some designs for crossings at the road, and he understood that was what he was originally hired for. Mr. Lambert further inquired as to how hard the Selectmen would hold them to the 24’ width? He can design the road to whatever specs, however the design of the road does not allow for such an upgrade as the town is requesting. He was further asking if there are any 24’ roads that have been recently reconstructed he could look at.
On – going matters:
Recycling Bay – Recycling Bay update – Dumas briefly discussed renovations at the recycling bay.
Other Business:
Minutes - Selectmen accepted the minutes of August 26th, 2004 Selectmen’s Meeting as written
Selectmen Approval –
· A/P & Invoices
· Abatements – Mike Kavenagh - $50.00 Veterans Credit
· Timber Tax Warrant - $2,692.68 – Jean Cernota
· Letter to Alison Wozmak re: Liability Insurance
· Appointments – Supervisor of Checklist – Molly Anfuso; Rose Auth; Ellen Sanford
Mail – Review misc. incoming mail
Follow-up:
MaryAnn Waterhouse - No follow-up – to be removed from agenda
Theresa Creighton – Deb reported she has called Mrs. Creighton several times, no answer, no means to leave a message. – Kip Morgan or John Robinson will be contacted to obtain information regarding the bill for crossing.
Administrative Assistant, Deb Davidson – These items were not discussed at the Staff Meeting, will remain on the agenda until they can be discussed
· Fuel bids – 2004/2005 winter bids have gone out – Rymes, Lorden, Draper, Irving, Allen & Mathewson were all mailed bids, as well as it was posted in the local papers. An opening date of September 16th.
· Benefits - This needs to be discussed at a later date.
· FLSA Changes –
Time Cards – It is extremely important that employees report ALL hours worked! A justifiable reason for dismissal is not accurately reporting hours worked. No one is authorized to instruct an employee to under report his or her time. Town could get fined if over 40 hours are worked and OT is not paid. If an employee is only supposed to work part-time, that is what they should work unless otherwise budgeted and/or approved.
Time Card Adjustments – Dept. Head & Employee must sign any adjustments to timecard
Classes – Employees do get paid to go to/from authorized classes. In the event that a Department Head doesn’t let them leave early on another day, overtime pay will be paid if attending the class results in the employee working over 40 hours. Department Heads need to pay attention to this. (If an employee works within two departments, then overtime could be applicable)
Overtime Pay - Employee & Dept. Head can make a written agreement that if the employee worked over 40 hours one week/under 40 the following week (same pay period), the overtime pay will not apply until over 80 hours are reached.
Minimum Pay – ANY employee who reports to work, gets 2 hours of pay, unless the employee has been called prior to reporting to work, and told NOT to report to work. Example: Power outage/heat outage etc., you send someone home, they get paid for two hours.
Pre-Employment – Felony record conviction should be asked for PRIOR to employment. Is the potential employee under investigation of a felony should also be asked. (It is a question on our application, but not everyone fills out an application) Criminal record and MV record checks MUST be done PRIOR to employment, not after hiring, as we do it.
Duffy would like an addition to the website that discusses the Cass VI Road situation, as well as Scenic Roads. A possible link to the RSA scenic road deal…RSA 231:158
With no further business, the meeting adjourned at 9:00 pm. The next scheduled Selectmen’s Meeting is Thursday, September 9, 2004 at 5:45 pm.
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