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October 2, 2006 Board of Selectmen Minutes
SELECTMEN’S MEETING

October 2, 2006

Call to Order

Chairman Nelson called the meeting to order at 7:15pm.  In attendance were Chairman Gary F. Nelson, Selectman John P. Ulcickas, Selectman Robert S. Donovan, Jr., Town Administrator Nancy J. Wrigley and Office Manager Mary B. Winglass.  Minutes were transcribed and typed by Office Manager Mary Winglass.

Introduction of Guests
Old Business
A.  Continued discussion of Town Hall Sprinkler System bids

The Board decided to table this item until the next meeting for we are still waiting for a recommendation from Building Inspector Mike DiBartolomeo and Fire Chief Bill Ingalls.

 B.  Continued discussion of the 2006 Paving Program

The Board tabled this discussion until the next meeting for Road Agent Frank Gibbs was not present at the meeting.

 C.  Town Hall repair list for Facilities and Transfer Station Manager

The Board briefly discussed a list of repairs to be completed during the cold weather months for Transfer Station and Facilities Manager Andrew Morse.  

New Business
A.      Wilders Grove Cottage Owners Association Re: Memorandum of Understanding

Resident Steve Poulson of 32 Wilders Grove Road spoke on behalf of the Wilders Grove Cottage Owners Association thanking the Board for their support and implementation of the parking regulations on Country Pond Road.  They have seen a significant reduction of activity on the road and on the pond.  

Mr. Poulson then discussed the Memorandum of Understanding that the Association sent in to the Board of Selectmen for their consideration.  The property owners within the Association prepared this document to formalize a clear understanding between the Town of Newton and the Association in order to reduce confusion and define responsibility of monitoring, maintaining, enforcing and patrolling Country Pond Road.  

A discussion ensued regarding who is the owner of the boat launch and responsible for the maintenance of the area.  Chairman Nelson clarified that it is not a ramp but a road to public water and the State regulates the water.  

Items noted in the Memorandum of Understanding include requiring the Town of Newton to: enforce the parking areas, maintain the infrastructure of the Country Pond access area; provide maintenance of the culverts on Country Pond Road and Wilders Grove Road to ensure no restriction of water flow, alert the residents when circumstances change the water quality and/or the water quantity of Country Pond, allow the Association to regulate access to Country Pond when water conditions may compromise the public safety or damage waterfront property or watercraft, purchase and post signage that conveys information and regulates parking area and supply and service trash receptacles.

Mr. Poulson discussed assistance from the town with the maintenance of the culverts on Country Pond Road and Wilders Grove Road.  The Board requested Road Agent Frank Gibbs to check out the culverts.  

Mr. Poulson added that currently resident Mike Fortin has been taking care of trash pickup and helping to keep the area clean.  But what happens when Mr. Fortin cannot take care of the area and/or moves; the Association is looking to have some understanding that the town would maintain the area in conjunction with the Association.  Chairman Nelson was in favor of the town taking over the responsibility of maintaining the trash receptacles at the boat launch area; Selectman Ulcickas and Selectman Donovan were not.

Mr. Poulson talked about restricting the use of the boat launch from those trying to get into the water when the water levels are high and could damage properties by placing a chain across the boat launch and “no wake” areas.  Selectman Ulcickas stated that the State of New Hampshire regulates the water usage not the town.  Chairman Nelson added that he would be more than happy to make some phone calls to help the Association.  Mr. Poulson responded that the way he sees it the town regulates the beach and he sees the boat launch as the same way, regulated by the town.  Chairman Nelson added that the State would come in to do a load study of the lake to help determine the number of parking spots and link it to the town-owned property but when you get the state involved, it can bring in other issues.  Chairman Nelson stated that he would rather see accessibility than restriction.

Mr. Poulson discussed that he has worked in the public sector and the last thing the Association wants to do is pressure the Board to make a decision tonight but he feels that the town has an obligation to maintain the area.  The Association would like this agreement to be a partnership between the Association and the Town of Newton.  Chairman Nelson stated that the town would need to have a legal opinion before signing the document.  The Board decided to take this Memorandum of Understanding under consideration and would revisit this again at the end of January.

Mr. Poulson added that the last paragraph states that this is a binding document and can only be modified by mutual consent of both parties and has no sunset provision.  This was added to protect the pond as an asset to the town; there are many new owners in this area that are upgrading their homes and this kind of document can help answer questions to those that are coming into the area.

Mr. Hubbard of 34 Wilders Grove Road talked about the need to clean out the blocked culverts filled with debris/sand.  Chairman Nelson responded that Road Agent Frank Gibbs will check out the culverts and if they need to be cleared, an option would be to use the Fire Department to blow out the debris/sand.

Mr. Burnham of 72 Wilders Grove Road discussed the importance of restricting the use of the water when the water table is high as it was this past spring.  It is important to have a “no wake” in certain areas during a high water restriction.

The Board requested Road Agent Frank Gibbs check out the culverts and report back to the Board before the next meeting.

B.      Winter Operations for Snow Removal and Ice Control Policy

The Board reviewed the policy and Selectman Ulcickas had a concern with some of the wording of the policy such as a statement under the heading - Level of Service “Higher volume road will be cleared before lower volume roads, which are before sidewalks and hydrants”.  Office Manager Mary Winglass stated that she used a draft policy prepared by UNH Co-op and the State of New Hampshire Department of Transportation and with some revisions, came up with a final draft for the Board to review.  Road Agent Frank Gibbs helped with information pertaining to “no salt areas” and the procedures used during a storm.  The Board decided to have the policy reviewed by the NHMA Property Liability Trust for their comments.

C.      Computer, Electronic Mail and Internet Access Policy

Town Administrator Nancy Wrigley stated that she prepared this policy for the Board’s review and implementation.  Police Chief Streeter and PD Secretary Rebecca Gagne reviewed and approved the wording of the policy.  The Board decided to table this until the next meeting.

Announcements
Accept Minutes of Selectmen Meetings
Reports from Department Heads
·       Safety Complex Building Committee

Safety Complex Building Committee members present were Chairman Bob Bartlett, Police Chief Larry Streeter, Eileen Patterson, Horace Williams, Steve Palmer and Rick Daniels.  Also present was resident Chet Bearce.  

Chairman Nelson welcomed the Safety Complex Building Committee to the meeting and asked if they have any further updates for the Board.  Chairman of the Safety Complex Building Committee Bob Bartlett responded “no”, the committee has a meeting coming up this week on Thursday.  Chairman Nelson stated that he did not have any questions for the committee but Selectman Donovan and Selectman Ulcickas both had questions.

Selectman Donovan asked the committee how many acres is to be included with the Safety Complex Building.  Bob Bartlett responded that once the committee was ready with a set of plans, then they would come to the Selectmen’s meeting with a final proposal.  Selectman Donovan questioned the committee that at the last meeting with the Selectmen, he thought that the committee had agreed to 7 or 8 acres for $300,000.  Mr. Bartlett responded that there is no written agreement, just an understanding and working with Mr. Bearce, he has been very generous and it will be enough land to take care of the needs of the safety complex.

Selectman Ulcickas asked if we still owe the architect anything at this time.  Mr. Bartlett responded that we have paid everything except approximately $7,000 and the committee will not make this final payment until they have everything that was agreed upon.  Mr. Bartlett added that once the final plan is received then the committee will release the final payment.  After that, the committee will be working with Chet Bearce and Engineer Dennis Quintal who will have enough information to proceed to finish the engineering and move forward with a proposed warrant article for the Board’s consideration.

Selectman Donovan questioned not knowing how much land is part of this project and Bob Bartlett is meeting one on one with Chet Bearce and Engineer Dennis Quintal.  Selectman Donovan’s concern is that the committee should be involved, not just the Chairman.  The other committee members present stated that Mr. Bartlett has met with Mr. Bearce with the approval of the committee members.  The land has not been settled upon yet until the building has been finalized.

Police Chief Larry Streeter added that any healthy process should include some adversarial components to a certain point and the committee should be held to task as part of the process.  It has been a long process and he is as frustrated as everybody but we still need to work on it as part of the process for he is not going to sign on with a product that he does not support.

Chairman Bob Bartlett stated that everyone is welcome to the meetings and gave Chet Bearce a lot of credit for a great job.  Mr. Bartlett added that this is a committee effort, not a one person effort nor a one man show.  Mr. Bartlett invited Mr. Donovan to the next committee meeting for they will be voting on a Chairman for the committee.

Review of Action Items
Adjourn

Chairman Nelson motioned to adjourn at 8:23pm.  Second by Selectman Ulcickas.  Vote: Unanimous.

                                                        Respectfully Submitted,


                                                        Mary B. Winglass
                                                        Office Manager