Selectmen’s Meeting
May 23, 2006
I. Call to Order
Chairman Nelson opened the meeting at 6:10pm. In attendance were Chairman Gary F. Nelson, Selectman John P. Ulcickas, Selectman Robert S. Donovan, Jr., Town Assessor Andrea S. Lewy, Town Administrator Nancy J. Wrigley and Selectmen’s Office Manager Mary B. Winglass. Minutes were transcribed and typed by Office Manager Mary B. Winglass.
II. Introduction of Guests
III. Old Business
A. Continued discussion on the Discretionary Preservation Barn Easement for 26 Merrimac Road
Chairman Nelson announced that Assessor Andrea Lewy prepared an updated Discretionary Preservation Easement Deed per RSA 79-D. The language that was added/changed to the deed includes changing the term of the easement from 15 years to 10 years, that an annual inspection shall be conducted by the Town’s Certified Assessor to verify compliance and should the town conduct a town-wide revaluation or a statistical update bringing all assessments to 100% of market value, the barn would also be included in this update. However the approved percentage would still apply unless the easement has expired.
Chairman Nelson added that Assessor Andrea Lewy researched and determined a good start for the easement is 10 years. The Board is very happy with the wording that has been prepared by Andrea as they feel that it protects the town under a revaluation and the Nicol Farm Partnership.
Chairman Nelson added that the Board of Selectmen conducted a site walk of the barn on Saturday, May 6, 2006 and everyone was very impressed with the size of the structure and the amount of work and detail that went in repairing the barn. Chairman Nelson read the entire wording of the easement and announced that at this point, the Board is prepared to move forward with approving the easement. Chairman Nelson asked if there were any comments from those present. There were no comments from the public.
The Board discussed with Ray Nicol the fact that the barn cannot be viewed from the road due to vegetation for approximately 6 months out of the year and asked if the vegetation could be managed by the Farm. Ray responded that ideally he would like to have the time to deal with the vegetation but with the work load issues, it is not always possible. Ray added that he would try to manage the vegetation but cannot promise that it would be done.
Chairman Nelson motioned to accept the Discretionary Preservation Easement Deed as written for the Nicol Farm Partnership on 26 Merrimac Road, Map/Block/Lot 012-06-015. Second by Selectman Donovan. Vote: Unanimous.
B. Award for the Intersection Improvements on Peaslee Crossing & Smith Corner Road
Chairman Nelson asked Road Agent Frank Gibbs if the utilities have been squared away at the intersection of Peaslee Crossing Road and Smith Corner Road. Frank responded that everything has been worked out. The Board then reviewed a letter from James Kerivan, Altus Engineering stating that they reviewed the required contractual requirements material submitted from Busby Construction i.e. three executed agreements, contract security bond and certificate of insurance and find it to be in conformance with the contract requirements. They recommended that the Town sign and date all three copies. Also, they recommended that the Board approve and sign the telephone relocation work.
Chairman Nelson added that the Board already awarded the bid and that the Board is just signing the agreements tonight and the petitions to relocate the utility wires and poles prior to completing the intersection improvements. PSNH and Adelphia have provided full support to this project and will meet the construction schedule but Verizon will not meet the construction schedule. Altus is working on developing a design change to allow for the pole to remain until Verizon completes their work. The Board signed the three agreements and four petitions to relocate the utility wires and poles. Office Manager Mary Winglass added that since the bid was awarded by the Selectmen, the Selectmen are the responsible party for making sure that payments are made according to the developer’s agreements and that copies are sent
to the developers and the Planning Board. We have been told by Altus Engineering Eric Weinrieb that they will approve the work and forward the invoice to the Selectmen for payment. Frank Gibbs added that he still has not been paid for the work completed by Gibbs Construction. The Board agreed that Frank’s bill needs to be addressed and a policy in place for dealing with the invoices on this project.
C. Continued discussion of proposed ordinances review
Peddling and Soliciting Ordinance
Article I – Solicitation for Charitable Events
The Board met with Police Chief Lawrence Streeter and reviewed the approvals required, applications and violations and penalties for the Solicitation for Charitable Events. A concern with the Board of Selectmen was that there should be a exclusion for community fund raising and school district fund raising. Chief Streeter stated that the intent of this ordinance was to allow the town to know who is out there soliciting, not to have the names of every individual from the third grade out selling candy bars or magazines.
The Board agreed to add a new section to the ordinance labeled exceptions and it will read that youth organizations within the town and the school district shall not be required to list each solicitor’s name, but the organization must complete a form and file it with the Selectmen’s Office. Chief Streeter discussed that his thought process with the application was to have a carbonless two page form with different colors i.e. the top page being white and the second page yellow or pink. Once the application is approved, the applicant would receive the white copy (top copy) and would need to keep it on hand to show any resident that they have been approved to solicit in the town. The yellow/pink copy would stay with the town. Resident Charlie Melvin was present at the meeting and talked about the need for the
Selectmen’s Office and the Police Department to inform each other when an applicant has been approved and or not approved.
Expiration date, approval date and how many days before the applicant is notified as to whether they have approved or not was discussed by the Board. Chief Streeter added that he feels that the state law allows for (5) five days to respond under the Right to Know Law and he felt that this time frame would be appropriate.
The Board agreed to the five day notification and that the application date, approval date and expiration date need to be added to the application form. Selectman Donovan questioned whether we should implement an ID tag to be worn by the solicitors. The cost and time factor for implementing an ID tag would be too great. But it was discussed that we need to make a copy of the applicants’ drivers’ license and make sure we have the vehicle identification information on file such as year, make, model, color and plate number.
Article II – Hawkers, Peddlers and Vendors
There were no changes made to this ordinance at the meeting. Registration is required through the Police Department with a fee of $30. The application is the same one used for the solicitation ordinance.
Noise Ordinance
Selectman Ulcickas questioned Chief Streeter on Section I subparagraph (1) which states “The erection, demolition, excavation, alteration or repair of any building other than between the hours of 7am and 9pm, Monday through Saturday, except in cases of emergency or urgent necessity in the interest of public health and safety, and then only with a permit from the Building Inspector or Code Enforcement Officer, which permit may be granted for a limited time only while the emergency continues or urgent necessity warrants.
Selectman Ulcickas stated that it says nothing about Sundays. Chief Streeter responded that this ordinance is only a draft for the Boards review. The Board decided to add the following to the above mentioned sentence “and 10am to 6pm on Sunday” and to change the permit from “Building Inspector or Code Enforcement Officer” to “Code Enforcement Officer and/or other enforcement authorities”.
Town Administrator Nancy Wrigley pointed out that in section I (2) it lists the Building Inspector with the authority to grant permission. The Board decided that the Building Inspector would not be listed as having authority in this ordinance.
Under Section 4: Application for Special Permit, the Board took out the wording “Building Inspector, Code Enforcement Officer”. Application for a special circumstance may be made to only the Board of Selectmen. The Board then took out the last sentence in this paragraph.
Under Section 5: Enforcement and Penalties, the Board took out the wording “the Town’s Code Enforcement Officers”.
Town Parks and Recreation Areas Ordinance
The Board reviewed the ordinance and made two changes. The first was to include a rule/regulation under Greenie Park as follows “No additional or unauthorized equipment/miscellaneous articles or modification of playground equipment unless authorized by the Board of Selectmen or Recreation Commission.”
The second change was a rule/regulation under Town Properties letter F read “All waste and trash to be removed by owners” was changed to “All waste and trash, carry in, carry out”.
Parking Ordinance – Country Pond Road
Chief Streeter stated that he made the change requested by Chairman Nelson to add the wording “and a road to public water” to Section 1: Purpose and Intent. The Board concurred and Chairman Nelson explained that this wording is how the state described the road. There were no other changes.
IV. New Business
V. Announcements
· Office Manager Mary Winglass asked the Board who would be available to put flags on the Veterans Graves at the Town Hall Cemetery, Highland Street Cemetery and Farmers Cemetery (off of Dugway Road). Town Administrator Nancy Wrigley stated that Mary and George Marshall have helped the Selectmen out in the past by placing flags at the Highland Street Cemetery; they may help if they were asked. Chairman Nelson responded that he would take care of the flags and he will contact the Marshall’s to see if they are available to help this year.
· Office Manager Mary Winglass informed the Board that John Meserve, CEO/President of Merrimac Savings Bank came in to the Town Hall today to ask if/when the Selectmen would be available to meet with him for their picture to be taken in front of the new sign at the Town Hall to be included in a press release for the newspaper. The Board agreed that they would be available on June 5th or June 19th at 6:15pm or 6:30pm before the Selectmen’s meeting.
VI. Accept Minutes of Selectmen Meetings
· Selectmen’s Public Meeting minutes of April 17, 2006
Chairman Nelson motioned to accept the Selectmen’s Public Meeting minutes of April 17, 2006 as written. Second by Selectman Donovan. Vote: Unanimous.
· Selectmen’s Public Meeting minutes and Public Hearing minutes of May 1, 2006
Chairman Nelson motioned to accept the Selectmen’s Public Meeting minutes and Public Hearing minutes of May 1, 2006 as written. Second by Selectman Donovan. Vote: Unanimous.
VII. Reports from Department Heads
Planning Board member Kim Vaillant requested to speak with Board regarding three issues even though she is not listed on the agenda. The Board agreed to allow Ms. Vaillant to speak on her three issues.
The first issue has to do with the Master Plan Committee and the surveys that were placed at the two Post Offices in town. Ms. Vaillant stated that there is a rumor that someone (woman) from the Town Hall contacted the Post Office and complained about the surveys at the Post Office. Office Manager Mary Winglass requested to respond to this issue. Mary informed Ms. Valliant and the Board of Selectmen that she received a phone call from the Postmaster of the Newton Junction Post Office who was upset that the town placed the surveys there without asking for permission to do so. Mary informed the Postmaster that they were not from the Board of Selectmen but from the Master Plan Committee, which is a committee under the auspice of the Planning Board. Mary then gave the Postmaster the name of the Chairman of the
Master Plan Committee Paul Szot and Christene LoVecchio an active member of the committee who has brought signs and information to the Town Hall.
The second item had to do with problems with the Planning Board’s Administrative Assistants laptop and the stationary computer in the office. Ms. Vaillant stated that both computers have issues and as she has a lot of knowledge of computers, feels that this should not be happening. Town Administrator Nancy Wrigley informed Ms. Vaillant that the office computer was purchased by the previous Planning Board Secretary and the town’s IT person never worked on it at all. Sylvania Maddock (IT Tech for the town) spoke with and emailed Sally Cockerline with questions regarding the problems she is having and to make sure that she puts them in writing and further requested that she receive permission from the Planning Board to pay for the time it will take to resolve the issues.
TA, Wrigley stated that she has been hearing that Sally has been having some problems with the laptop. We asked Sally to put the problems in writing and she did a couple of weeks ago. Last week Sylvania came in to address a few problems/upgrades with the town’s computers and spoke with Sally and learned for the first time about the problems with Microsoft Office as this was not on the list of concerns written by Sally Cockerline.
TA, Nancy Wrigley stated that the Planning Board needs to put something in writing to Sylvania outlining the concerns with the computers and giving her the authority to handle the problems as she sees fit and that payment for these issues are approved from the Planning Board’s budget. Ms. Vaillant stated that she will have the Planning Board write a memo to the Board of Selectmen.
The third item was not having a Selectman liaison at the last Planning Board meeting and again tonight at the public meeting to discuss Coleman McDonough’s issues with the cease and desist order. Chairman Nelson responded that he was not available at the last Planning Board meeting due to his son being injured at a baseball game and tonight for the Board scheduled a work meeting on the only night everyone was available. Ms. Vaillant discussed the need for everyone to meet to discuss the current status of Coleman McDonough’s project so that we are all on the same page. Chairman Nelson responded that he sent a email a couple of weeks ago to Kim Pettit, Chairman of the Planning Board asking to set a meeting with the Planning Board to discuss McDonough’s cease and desist. Ms. Pettit responded by email
that she had spoken with Mr. McDonough and given him a list of items that needed to be completed before any recommendation is given to the Board of Selectmen to lift the cease and desist. Therefore, she did not feel that a meeting was due at that time.
VIII. Review of Action Items
IX. Adjourn
Chairman Nelson motioned to adjourn at 8:32pm. Second by Selectman Ulcickas. Vote: Unanimous.
Respectfully Submitted,
Mary B. Winglass
Office Manager
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