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Board of Selectmen's Minutes 03/15/2010
Town of New Boston
Selectmen's Meeting
March 15, 2010



PRESENT:
Rodney Towne
Dwight Lovejoy
Christine Quirk
Burton Reynolds
Selectman
Selectman
Selectman               
Town Administrator      


A.  CALL TO ORDER:  A regular meeting of the Board of Selectmen was called to order by Christine Quirk at 7:00PM beginning with the Pledge of Allegiance.   

Selection of Selectman Chair

Rodney nominated Christine as the Selectmen’s Chairperson for the year.  Dwight seconded the motion.  All were in favor.

B.  PUBLIC COMMENT:    None.

C.  APPOINTMENTS:

        1.  7:00 PM             John Riendeau   Highway Department

Road Agent John Riendeau was present to meet with the Selectmen to discuss projects the Highway Department is working on.
  • A washout occurred on Lyndeborough Road during the recent flooding event.  Dan MacDonald contacted NH DES as the emergency manager for New Boston letting them know this is the only major access to that side of town.  Kristen Polkman at DES approved the town repairing this right away and do the paperwork later.  Dan and John will discuss it with her again tomorrow during a conference call.  John has contacted the salesman at Michie for a culvert for the area.  He has a 6x10x32 box culvert partially made that is big enough for this site.  It can be finished.  Dave Elliott of D&S asked if his help is needed during this repair.  His big excavator is already on Lyndeborough Road and is available next week.  Dave also has 4 trench boxes to divert water while the box culvert is installed.  John will meet with the Selectmen again March 18 at 3:00 pm at the Town Hall to discuss further details of this repair if they are known at that time.  This project could be completed in three weeks.
  • Other road issues during the storm were discussed but they have been cleared up.
  • John is preparing copies of quotes for the wetlands permits for the small box on Old Coach Road for the Selectmen’s review.
  • Several new stop signs around town will need to be approved during a Selectmen’s meeting.  
  • The Highway Department has some issues with a driveway on Upper McCollum Road where water is going across the road.  Road Committee member Tom Miller and John went there last year and Tom recommended a ditch line there.  The property currently has a flat spot for parking that they were required by the Selectmen to put in many years ago but they never use.  They also have another turnaround further up their driveway that they use that would meet the requirements the Selectmen set when requiring the lower spot.  John suggested the Selectmen write to the property owner to ask them to remove the lower spot then the Highway Department will put in a swail to eliminate the water problem.
  • Rodney noted a motorcycle jump has been installed by a resident on his road that cause diversion of water onto Upper McCollum road and caused a problem during the recent flooding event.  John will look into this.
  • The Highway Department is getting ready for the spring sweeping.  They plan to start grading the dirt roads and have been cutting brush on scenic roads.  They will check the culvert on Parker Road in April at the latest, now if it is exposed.
  • Lyndeborough Road bridge-The engineers are meeting with the utility companies on Wednesday.  The Warrant Article passed.  The town can now send official notification to contractors, copying NH DOT.  DOT will then issue a check to the town for 40% of the projected cost.  The second check for 40% of the costs is due at the end of the project.  The preconstruction meeting will be scheduled soon.
  • John prepared a letter to the Selectmen regarding the :Lyndeboro and Old Coach Road projects asking for specifics to the degree the highway Department employees should participate.
        2.  7:30 PM             John Montgomery Footbridge

John Montgomery was present representing the new tavern owners regarding the easement that may be needed on the tavern property to allow for construction of the footbridge.  John noted he is interested in working with the town on anything that would better the town.  He plans to live in town for the rest of his life and if something helps the town it helps him.  He has lived here for six years and loves the town.  Rodney noted there are two possible locations for the footbridge, one at the original Eggers (tavern) position and one at another site upstream.  Negotiations on the upstream location have not been very active lately.  Rodney asked John how the eggers location fits into the plans for expansion at the tavern.  John said he is looking into a 15-room inn and a mercantile if the residents are interested in having these types of businesses in town.  On the other hand if the residents want him to keep the tavern as is for historical purposes he will.  He has worked on preliminary development plans with engineer Earl Sanford.  He has yet to meet with the footbridge committee to move things along.  An easement is required for the footbridge abutments and a pathway.  A well easement and septic lot loading easement will be needed for the tavern either on the Dodge Family lot or the library property.  The tavern will also want an appropriate indemnification agreement from the town before the footbridge is built at the tavern location.  Willard Dodge was present and noted that a footbridge doesn’t make sense for the town with the development that is currently on that side of town, but with John’s proposal a footbridge would make more sense.  The audience felt an inn makes sense for the town.  John noted the soonest an inn could be completed is spring 2011.  The Selectmen suggested the footbridge committee meet with John then a second meeting would be scheduled with the footbridge committee, John and Town Attorney Dwight Sowerby.  John asked if paperwork for the easements he needs could be started at the same time.  Library Trustee Jed Callen was present and suggested the easement transactions should be done separately.  It is not yet known if the Selectmen or Library Trustees have the authority to make the decision on the easement on the library property.  The Selectmen will ask town counsel for their opinion on this while John meets with the footbridge committee.  John asked the Selectmen to research the most expeditious process to obtain the two easements he needs along with the process the Selectmen want the footbridge committee to follow.  He also invited any residents who are against the project to call him.

        3.  8:00 PM             Jestine Miller          Building On Class VI Road

Adam Miller was present to meet with the Selectmen to discuss his and Jestine’s plans to subdivide and build a residence on Laurel Lane a Class VI road.  They received a variance from the Zoning Board but have decided to postpone building.  They plan to meet with the Planning Board to subdivide later.  They are now wondering if they should sign the required release with the town now.  If the release is signed with the Selectmen now they will not need to do this step again, the release will be added to the deed and will be in effect for future owners of the property as well.  Burton will ask Planning Coordinator Nic Strong about the procedure tomorrow to see if anything would impede signing a release now.  Releases are normally completed at the end of the building process.

D.  APPROVAL OF MINUTES:

1. Minutes of February 17, 2010 - The Selectmen reviewed the minutes.  Corrections were noted.  Rodney moved that they be accepted as amended.   Dwight seconded the motion.  All were in favor.  
2. Non-Public Minutes of February 17, 2010 - The Selectmen reviewed the non-public minutes.  Rodney moved that they be accepted as presented.   Dwight seconded the motion.  All were in favor.
3. Minutes of March 1, 2010-Deferred to next meeting.

E.  OLD BUSINESS:

1. Planning:  
Christine noted former Selectman David Woodbury is not here to report on the recent Planning Board activity.  Christine will now take over the Selectmen Planning Board duties until July, Rodney will take over in August and Dwight will take over in November.
F.  NEW BUSINESS:

1. MS-2-The Selectmen signed the MS-2 to be sent to the NH DRA reflecting the town vote.  The DRA will use it to set the tax rate in October.  The results of the town vote were reviewed as follows:  Lee Brown has put together some asbestos abatement quotes and will meet with the Selectmen to discuss them.  New Boston was not awarded the Town Hall renovation grant.  The $35,000 for this project approved in the Warrant Article will probably not be able to go into a CRF due to the wording of the Warrant Article.  Historical Renovations will be done.  The Library Trustees will get the $104,000 from the CRF this week.
2. Rules Of Discussion-Burton prepared a memo for the Selectmen regarding discussions between Selectmen outside of publicly noticed Selectmen’s meetings.
  • 3. Legal Fees Inquiry-A bill for legal fees has been received from Devine Millimet.  It was thought that the Local Government Center would pay this bill but it is Scott Weden’s position he agreed to pay for one hour of consultation time with the Police Chief and had no conversations with the law firm.  If there were a claim the Local Government Center would pay for it but would also provide counsel probably from another firm.  The Local Government Center never got this bill until the end totaling approximately $17,000.  It is expected that this bill will be reduced through negotiation.  Rodney will meet with Mark about the bill.  Dan Schwartz was the town’s other attorney at the time.  He has said he will become involved in the negotiations of necessary.  David Woodbury was asked about this issue and said it is counsel’s responsibility to make sure the client understands payment expectations from day one.  No contract was signed in this instance.  
4. Pistol Permit Submissions-At the end of the meeting March 1 the secretary for the gun organization said the organization was pleased with the changes the town has made to the web site explaining pistol permit procedures but noted that the law also allows anyone applying for a pistol permit to bring their application to the Selectmen and wants that added to the web site.  The Selectmen decided to keep it off the web site.  Family members are now allowed as references on pistol permit applications.
5. Representative To SNHPC-Bo Strong has been the town’s representative to SNHPC.  His term is up but he would like to continue.  The Planning Board moved to recommend to the Selectmen that Bo continue as New Boston’s representative at SNHPC.  Rodney moved to reappoint Bo Strong to the SNHPC.  Dwight seconded the motion.  All were in favor.

G. OTHER:  

1. FEMA sent a letter to the town asking if the town would agree to provide curbside pick up of debris from the windstorm.  Since the town does not offer curbside pick up, the town will not be providing it for debris from the windstorm.  Selectmen
SecretaryLinda Sizemore will prepare a letter to FEMA with this decision.
2. Town Attorney Leslie Nixon has reviewed AT&T’s sublease document to put a repeater on Dodge’s tower and asked for some amendments.  These will be sent to AT&T for review.
3.  The Mission Statement Committee is working to post the Mission Statement in each town department.  They would like a watermark in the background of the town seal.  The town seal will probably be finalized at the next Selectmen’s meeting.
4.  Mrs. Warnock has requested to meet with the Selectmen regarding her concerns about the Town Clerk.  Because Irene Baudreau is an elected official, the Selectmen have limited authority over the Town Clerk position and did not feel a meeting would be productive.  The Selectmen will write to Mrs. Warnock with their position.
5.  Police Chief Chris Krajenka has researched new security systems for the Police Department and prepared some quotes and recommendations for the Selectmen’s review.  The Selectmen will ask some residents with experience in this field for their opinions on options for a security system at the Police Department.

H.  PUBLIC COMMENT:  

1.  Karen Thompson of 6 Fraser Lane was present.  She noted that she and her husband had noticed an official looking vehicle at Dodge’s Store at 7:30 pm on Saturday.  They were not sure if it had a New Boston logo on it or another logo and asked if the town had a sedan with town logos on the side that town officials use for town business.  The Selectmen replied saying the assessor has been out and he may have a sticker on his vehicle and 911 is going around town and might have a sticker.  They also said the town has no sedans other than police cruisers.
2.  Karen Thompson also noted that she and her husband reviewed the video coverage of the issue with the police chief on the WMUR web site and were upset when they saw Burton reviewing a police personnel file on camera.  She noted that usually when police personnel files are reviewed a judge decides which documents in a police personnel file can be released, discussion of contents of personnel and medical files constitutes invasion of privacy and a town official could be dismissed for this type of violation.  She said when a newscaster asks about a personnel file Mr. Reynolds’ only comment should have been no comment or asked her to fill out a right to know form for the Selectmen’s review.  She said Mr. Reynolds did not have the right to say there was a complaint or open the file on camera so an overzealous photographer could zoom in if they desired.  She said Burton should be fired because of his bad judgment.  He did not follow the law or the right to know law.  Dwight noted he has spoken to Burton about it, Burton said he made a mistake in this case and it will be addressed.  Karen said she is worried that if he makes another error in judgment it will reflect badly on the Selectmen if he is still employed by the town.
3.  Willard Dodge was present and noted that his sister passed away in November and she was living in a home at the time that was in a location approved by the Selectmen with the condition that the home would be removed once she no longer lived there.  The home is now on wheels but the road is posted.  Willard has been appointed administrator of her estate.  2010 property taxes would take effect April 1, it may not be removed before then but the home is no longer livable, disconnected from utilities and the family is taking proper steps to remove it and do not feel it is a taxable piece of property.  He asked what the Board could decide about the tax status of the home.  The Selectmen decided the home could stay until road conditions improve and it will not be taxed if the Selectmen are not breaking any laws with this decision.  Willard noted the home would be moved to Boisvert’s as soon as possible.
4.  Don Lyon was present to speak regarding his recent letter of complaint regarding the police tow rotation schedule.  He has been asking for a copy of it for five years.  He had to hire an attorney about this situation.  The Police Chief would not release it to him and told him to get it from Goffstown Dispatch, he went there and they told him to get it from the Police Chief.  On the way back to town after going to Goffstown Dispatch he saw the Chief on the side of the road and asked him about it.  He said the Chief then became belligerent and threatened to remove Don from the tow rotation list.  The Chief will not release it to Don.  It is Don’s position that the police have been calling tow companies based on the victim’s ability to pay to get their vehicles back.  Don feels he has been called in cases where the victims don’t have insurance and can’t afford to get their vehicles back.  Don then has to pay to remove the vehicles from his lot.  Don then called Dwight before the March 1 Selectmen’s meeting.  Don then reviewed his conversation with Dwight where Dwight mentioned to Don that Don is wrong, Dwight had been studying the list and the list is public information, Don and Mike’s Towing do the most towing in town and there are 12 out of town towing agencies on the list.  Don still doesn’t have a copy of the list and is afraid the list has been altered.  He wants a copy of the list and an apology from Dwight for the way Dwight spoke to him on the phone.  
Dwight says Don called him before he became a Selectman for an impartial opinion on the list.  Dwight then got the list that went back quite a few years.  Twelve towing companies were on it.  Dwight says Lyons is wrong and he got most of the tows.  Dwight feels he answered everything Don asked as a gentleman and a citizen of New Boston not a Selectman.  He asked Don for an apology.  Dwight asked Don if his business is hurting due to the economy and he is looking for someone to blame in the police chief.  Dwight also noted that if a situation requires an impound Don’s facility cannot handle that type of case and another towing service is called in that situation.
Rodney said he has investigated this situation since the complaint was received and learned Don went to dispatch for the list three years ago.  He thinks Don has waited too long to bring this complaint.
Don said he does have the facility necessary to handle impounds.  He says there is an issue with the way calls are made because he never knows when a call will be received.  He suggested a new procedure for towing rotation.  He said his business is not hurting.  He complained about the procedure the chief has been using since he took over and feels a certain towing company is called based on the value of the vehicle involved.
The Selectmen reviewed the towing list procedure saying Goffstown Dispatch calls for a tow based on the rotation list unless the victim has a request for a certain towing company.  They will make sure Don gets a copy of the rotation list.
Willard also noted as a former police officer that sometimes police have to be selective when choosing a towing company based on the type of equipment needed to remove a vehicle.
Don said a way to track which companies are called would be by scanner but the chief won’t release the scanner numbers so he cannot figure out the rotation.  
The Selectmen noted the scanner needed would have to be a digital scanner and the numbers are available.  Burton was asked to get the numbers for Don.

I.  Move to enter Non-Public Session: Rodney made a motion to go into Non-Public session per RSA 91-A:3II(a) at 9:24 PM.   Dwight seconded the motion.  All were in favor.

J.  Move to exit Non-Public Session:   Rodney made a motion to exit Non-Public Session at 10:36 PM.  Dwight seconded the motion.  All were in favor.

K.  ADJOURNMENT:   Rodney made a motion to adjourn the meeting at 10:37 PM.   Dwight seconded the motion.  All were in favor.


Prepared by Maralyn Segien