SELECTMEN’S MEETING
February 7, 2005
Call to Order
Chairman Cushing called the meeting to order at 7:03pm. In attendance were Selectman Gary F. Nelson, Selectman Norman P. Harding, Chairman Stephen M. Cushing and Town Administrator, Nancy J. Wrigley. Minutes were recorded by TA, Nancy Wrigley; transcribed and typed by Office Manager, Mary B. Winglass.
At this time the Board was scheduled to go into non-public session under RSA 91-A:3 II (h) to discuss town banking issues with Merrimack Savings Bank. Chairman Cushing stated that he does not feel that this is a non-public issue and would like to discuss it in public. TA, Wrigley requested that the Board motion to not go into non-public session for the record.
Selectman Nelson motioned to scratch the non-public session under RSA 91-A:3 II (h) to discuss town banking and to discuss it and meet in the public session. Second by Selectman Harding. Vote: Unanimous.
· Merrimack Savings Bank, Mr. John Merserve, President and Danielle Corbin, Bank Mgr.
Chairman Cushing stated that the town is considering moving its accounts to the Merrimac Savings Bank and this discussion is to make sure that the bank meets the requirements in the State of New Hampshire to accept municipal deposits.
Mr. Merserve discussed that Merrimack Savings Bank offers municipal accounts with a tiered rate based upon the balance; accounts begin to earn interest at $10,000 and yield increases based upon maintaining balances over certain tiers and the town is eligible to have unlimited number of accounts.
Interest rates were discussed starting with a minimum balance at $10,000 with an annual percentage yield at .753% on up to a minimum balance of $250,000 with an annual percentage yield of 1.765%.
Chairman Cushing stated that it has been an on-going concern as to collateralization over $100,000 and whether municipalities are eligible under the FDIC. Mr. Merserve responded that the town is eligible as any private organization. All accounts are insured in full; FDIC insurance covers the first $100,000 per depositor and the Depositors Insurance Fund (DIF) covers all balances in excess of $100,000.
Mr. Merserve went on to explain that the bank offers the benefits of no transaction costs, free on-line banking and checks are returned as imaged items. Consolidated statements are available and a free large 10x10 safe deposit box is a featured benefit. There are no maintenance fees, monthly service charges or return item charge on returned deposit items. Overdraft fees will be applied as well as stop payment fees of $15.00 and a total of 10 free wire transfers per month. For wire transfers over 10, the fee will be reduced by 50% and the town will pay for all account supplies i.e. checks, deposit slips, endorsement stamps, etc.
The bank requires as account opening requirements the following;
· Corporate resolution for every account that has different signors
· Signature card and picture identification for each signor
· Each signor must physically appear at the branch
· Completed night deposit agreement, if applicable
The recommended process for town authorization is;
· Authorization from appropriate town boards on official letterhead
· Copy of the authorization vote with appointment of the appropriate signors
· Town tax ID number
Chairman Cushing explained that it is the intent of the Board to start a banking relationship with Merrimack Savings Bank. The Board thanked them for attending and bringing in all the pertinent information for this discussion.
The Board then discussed possibly adopting a town policy for the process of the town authorization, signature requirements and the structuring of the town bank accounts. Treasurer, Elizabeth Standing was present and briefly spoke with the Board about the three accounts that she opened at the Merrimack Savings Bank.
Introduction of Guests
A. Rose & Leo LaRochelle of 18 Brenner Drive Re: Tax Bill
Mr. LaRochelle discussed with the Board that he wrote a letter to the Selectmen on June 7, 2004 regarding his tax bill on his new home on Brenner Drive. His concern was that his occupancy permit was not issued until almost a year after his home was completed due to issues with the Planning Board and the installation of a cistern. In the meantime he received an $11,000 tax bill and he feels that he is entitled to some compensation.
Chairman Cushing stated that the final building inspection was signed off in January or February of 2004; this is when you would have been eligible for an occupancy permit. It was decided that the Board will check with Assessor, Andrea Lewy about Mr. LaRochelle’s request and would try to have a decision by the next Selectmen’s meeting on February 22, 2005.
Mr. LaRochelle went on to discuss his problems in acquiring a copy of the original road plan in order to generate an as-built plan so that he can get a road bond reduction. TA, Wrigley stated that the plan was recorded at the Rockingham County Registry of Deeds and it was noted that only the first page is recorded and Mr. LaRochelle needs the attached pages submitted to the Planning Board by the previous owner, Mrs. George. The Selectmen responded that this issue is with the Planning Board and needs to be discussed with them at their next meeting. Chairman Cushing added that there is an off chance that the Conservation Commission may have a copy of the additional pages; he will check with them.
B. Debra & Mark Gridley of 8 Crossman Circle Re: Plowing concerns
Mrs. Debra Gridley of 8 Crossman Circle requested to be placed on the agenda due to plowing concerns and her discussion of such with Road Agent, Frank Gibbs. Mrs. Gridley stated that she has problems with the snowplowing along her road frontage and the damage to the front of her property due to the snow removal. Mrs. Gridley stated that she reported the damage to her property last year to Mr. Gibbs and again this year and Mr. Gibbs responded that the town has a right-of-way of 13’ off the pavement and this area is used for snow removal. Mrs. Gridley contacted the Police to report the damage to her property as the snow has been pushed back up to 22’ off the pavement and this has damaged the grass area along the front of her property. The Selectmen reviewed pictures taken by Mr. & Mrs. Gridley of the
front of her property and the snow banks. Mrs. Gridley discussed that her greatest concern is the drainage pipe in the area and the piles of snow blocking the pipes. She feels that the other issues is the problem with the tearing up of her property and the unprofessional manner conducted by Road Agent, Frank Gibbs. Mrs. Gridley stated that she would like to work up a workable solution with Road Agent, Frank Gibbs and maybe have the damage repaired in the spring.
Mr. Jamie Gibbs was present and discussed that he is the one who plows Crossman Circle and due to the last storm he used the loader to clear the snow piles for site distance. Jamie was not aware of the drainage pipe and stated that he did not think Frank was aware of the pipe either. The Board reviewed the Planning Board signed plan of Crossman Circle and it did not reflect the drainage pipes.
The Board stated that they will set up a meeting with Road Agent, Frank Gibbs to find out if he is aware of the drainage pipe and we need to find out why our signed plan does not include the drainage pipe.
C. Brian Conn, Contractor working at 39 Thornell Road Re: Transfer Station Issues
Brian Conn, Contractor lives in West Newbury, Massachusetts and he has been working at 39 Thornell Road and would like to be able to use the Transfer Station for his crew’s trash while working at the property; some of the trash is construction debris. Transfer Station Manager, Roger Clark was present and discussed with the Board that Brian Conn approached him at the Transfer Station holding a dump sticker given to him by Town Clerk/Tax Collector Raymond Thayer and he informed Roger that he is a contractor working in town and where does he put his trash. Roger told him that he would have to pay to get rid of the trash and Mr. Conn refused to pay and is now requesting the Board to hear this issue.
The Board discussed that any contractor in town is required to have their own dumpster and only residents are allowed “resident stickers” in town. The Selectmen agreed that that he should never have been given a sticker in the first place and they requested the contractor to return the sticker. Mr. Conn returned the sticker to the Selectmen and the Selectmen explained that when the owners visit their property they will be able to acquire a temporary resident sticker to be used when they are in town.
Old Business
A. Updated Agreement from Avitar Associates of New England
Chairman Cushing stated that the Board has reconfigured the contract with Avitar Associates which does not include the general assessing. The contract includes finalizing the data verification and to do a full reassessment of the town in 2005. The Board has hired Andrea Lewy, Certified Assessor for the general assessing to work for the town one day per week.
Andrea reviewed the Avitar contract and made some notes for the Board to consider before signing the contract. The appeal process is a concern to Assessor, Andrea Lewy and TA, Nancy Wrigley. The Board decided to send the concerns outlined by Andrea to Avitar Associates to find out if some of the concerns are an oversight or if they are specific changes to the contract and find out the reason for the change. TA, Wrigley questioned if/when we are able to agree on a contract would we have to wait to sign the contract in a meeting? The Board responded that we would not have to wait and sign the contract in a meeting.
New Business
A. Request from Planning Board Re: Discussion of Board of Appeals decision for
Map 014-01-001-1, property owner is Coleman McDonough
The Board received a memo from the Planning Board requesting the Selectmen file for a rehearing with the Zoning Board of Appeals regarding their decision made on January 18, 2005 on a vote of 4-1 to grant a variance from Newton Zoning Ordinance V, Residential Zone A, Paragraph 2 dealing with frontage. The parcel of backland Map 014-01-001-1 does not have road frontage and the Board of Appeals granted the variance provided a deeded access by easement is obtained. The Notice of Decision states that the applicant satisfied all five (5) criteria needed to meet the granting of this variance. The deadline to file for a rehearing is February 17, 2005.
Planning Board Vice-Chairman Mary Allen discussed with the Selectmen that the Zoning Board granted this variance on frontage of a road that doesn’t exist. The Planning Board minutes reflect that they don’t understand how the ZBA could entertain a variance request for a “proposed clustered subdivision on a proposed road in a proposed development?” The Selectmen discussed that until they are able to review the application given to the Board of Appeals then it is hard to determine the five criteria given for the variance.
The Board agreed to appeal the decision but stated that we need to make sure we have all the information needed to be able to know what they are appealing.
Chairman Cushing motioned that we comply with the request of the Planning Board to appeal the Newton Board of Appeals decision on Coleman McDonough’s lot Map 014-01-001-1. Second by Selectman Harding. Vote: Unanimous.
Announcements
· Regional Selectmen’s Meeting on Wednesday, February 9, 2005 at the Sandown Town Hall. Selectman Nelson is planning on attending the meeting.
· Deliberative Session is tomorrow night at 7pm at the Middle School to discuss the warrant articles and the budget. The public is encouraged to attend in order to become an informed voter in March.
· School Deliberative Session is this Thursday night, February 10th at the Swasey Gym. The public is encouraged to attend in order to become an informed voter in March.
Accept Minutes of Selectmen Meetings
· Public Hearing minutes of January 12, 2005
Chairman Cushing motioned to accept the public hearing minutes of January 12, 2005 as written. Second by Selectman Nelson. Vote: Unanimous
· Selectmen’s Site Walk minutes of January 15, 2005
Chairman Cushing motioned to accept the site walk minutes of January 15, 2005 as written. Second by Selectman Harding. Vote: Unanimous.
· Selectmen’s Public meeting minutes of January 24, 2005
Chairman Cushing motioned to accept the public hearing minutes of January 24, 2005 as written. Second by Selectman Nelson. Vote: Unanimous.
Reports from Department Heads
Review of Action Items
Adjourn
Chairman Cushing motioned to adjourn at 10:07pm. Second by Selectman Harding. Vote: Unanimous.
Respectfully Submitted,
Mary B. Winglass
Office Manager
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