SELECTMEN’S PUBLIC MEETING
January 19, 2009
I. Call to Order
Chairman Donovan called the meeting to order at 5:10pm. In attendance were Chairman Robert S. Donovan, Jr., Selectman Trisha J. McCarthy, Selectman Raymond D. Thayer, Town Administrator Nancy J. Wrigley and Office Manager Mary B. Winglass. The meeting was audio and video taped; minutes were transcribed and typed by Office Manager Winglass.
II. Introduction of Guests
III. Old Business
IV. New Business
5:00pm - Dr. William Branting of 57 Highland Street Re: Maintenance of intersection
Present were resident Dr. William Branting of 57 Highland Street and Town Road Agent Mike Pivero
Dr. Branting spoke about a problem with snow piled in front of his property and his hope to come to some type of agreement with this problem. Dr. Branting discussed his business of 32 years and his concern that his sign is no longer visible and asked for the snow to be removed below the sign all around the intersection, 48 to 72 hours after each storm. Additionally, Dr. Branting asked for the yield sign to be fully visible as this is a safety issue to protect his family and patients as they exit the driveway. Lastly, Dr. Branting requested that the town bring in loom to reseed the banking at the front of his property which was dug up this past fall after the growing season ended and for the town to be responsible for the maintenance of the area until the area is fully covered with seedlings. Dr. Branting asked
for this to all be outlined in a letter confirming this agreement signed by the Board of Selectmen before January 31, 2009.
Road Agent Mike Pivero discussed that the Selectmen are aware of what has been happening in front of Dr. Branting’s property due to the Selectmen receiving three letters from Dr. Branting starting in October regarding this issue. Pivero discussed that he had a few conversations with Dr. Branting in late October and early November and the fact is the snow has been piled in that area for many years and due to the intersection being larger than most, there is more snow to move around and he has tried to “share” the snow with some of the abutting properties but unfortunately he cannot push snow across a state highway which is Highland Street, which would help the distribution of snow within the intersection. Pivero added that if there is a safety issue then that would be a top priority and he will address that
immediately.
Pivero talked about the intersection, in that Chairman Donovan and Selectman McCarthy have been by to look at the property, the snow is high at the intersection but we are doing nothing different than what has been done for many, many years. Pivero stated that in conjunction with the State, a catch basin was installed to help with the thaw/freeze problem across Highland Street and Whittier Street. The State recommended for this work to be done to take care of the freezing problem at the intersection and since installed, there has been no situation with icing and the state sent an email to that affect. Pivero stated that it is his recommendation not to remove any snow from the intersection for it becomes an economic problem, is costly and where will we put it.
Chairman Donovan asked if the State plows push snow onto Dr. Branting’s property. Pivero responded that “yes” at the beginning but then tails down as you go down Highland Street. Selectman McCarthy talked about once we get through this winter we will know better how the new catch basin worked and in the spring could take a look at the catch basin to see if it worked better and/or to consider other options. Pivero discussed that the repair done this past fall was step one of a multiple step repair to this intersection approved by the State Highway District Six Engineer, which was an economical repair to deal with the freezing across Highland Street; modifications could be made but we will not know until the first winter is complete.
Selectman Thayer questioned if it would do any good to walk the property to discuss the options. Pivero responded that there are no options as it stands now for it is working and there is no discussion to change the design.
Dr. Branting asked to respond to a couple of issues. Dr. Branting stated that the State takes their trucks and runs them fully around the intersection (his property) and according to Dr. Branting they set precedence with plowing snow onto town roads. Dr. Branting added that prior Road Agent Dewley Bowley pushed snow across Highland Street for years and Dr. Branting spoke with Mr. Howard, District Six Highway and was told that pushing snow across Highland Street is the best solution, which is very different than what Mr. Pivero is stating tonight. Dr. Branting read and discussed his letter to the town dated October 28, 2008 and then added that the town never responded to his letter. Dr. Branting added that he has served the community for 32 years and you would think that he would receive some consideration.
Selectman Thayer added that this is the first time he is seeing these letters. Chairman Donovan addressed Dr. Branting’s letter relating to the following concerns;
1. Road Agent has agreed to take care of the lawn in the spring and plant grass.
2. We are running out of places to put the snow but the Road Agent has agreed to take care of the signs. Dr. Branting stated that his sign needs to be visible coming from Whittier Street and Highland Street. Chairman Donovan added that the town will make no guarantees that snow will not be placed on the property.
Selectman McCarthy added that as a resident and taxpayer living in New England you cannot expect snow won’t be placed on your property as part of the snow removal from the roads. We all have it but we are going to work on keeping the signs exposed so you can see them.
Dr. Branting again discussed plowing across a state road as the best solution to this problem for he was told by the state that this could be done as was done by prior Road Agent Dewley Bowley. Chairman Donovan explained that per State Law RSA 236:20 states that you cannot push or place snow on a state highway and RSA 236:39 states the civil liability of any person who places any obstruction in a highway.
Dr. Branting asked if the town can transport snow from his property to another property. Chairman Donovan stated that the town will not transport snow from one property to another due to the cost and if you do it for one then it opens the town up for anyone who lives in an intersection to have the snow removed.
Chairman Donovan stated that the Board of Selectmen and the Road Agent will sit down to come up with the best solution and will draw up a letter in response to Dr. Branting hopefully within the next couple of weeks. Dr. Branting asked what will happen in the meantime; Chairman Donovan responded that the Road Agent has agreed to keep the signs visible.
Dr. Branting asked why his letter of October 28th was never answered. Pivero responded that he will take the hit on that one for he was shown the letter when it came in and discussed responding to the letter but at that point he only agreed to one point in the letter which was to loom and seed the grass area in the spring. Pivero stated that it was wrong and we should have responded to the letter in an adequate time frame. Pivero added that what we are talking about is snow, mother nature put it here and it will go, he is only looking for a place to store it while it is here; the reason for the update was for safety reasons, to get rid of the ice in the intersection and yet it seems to have taken a life of it’s own and he is not in favor or moving snow for it does not make sense plus the additional cost to
the town. Pivero added that he will take care of the signs but he is not sure where he is going to put the snow and when he spoke with Mr. Howard at the State he gave Pivero the State Laws that does not allow him to move snow across a State Highway.
Pivero stated that he will do his best regarding the business sign but the yield sign is a safety issue that he will take care of. Chairman Donovan responded that for now we can make the business sign visible and then we will work on preparing a letter to Dr. Branting.
Dr. Branting asked to make another point, since there was no answer to his letter from the Board then it left him no options on his end to handle the situation for now the ground is frozen and covered with snow. Chairman Donovan responded that it is a shared error on the part of the Board of Selectmen and the Road Agent. Chairman Donovan stated that the Board will try to respond by letter by January 31, 2009; Dr. Branting responded that the date of the letter is not as important as coming to an agreement.
5:30pm - Nonpublic Session under RSA 91-A:3 II (e) – Pending claim
Chairman Donovan motioned to go into nonpublic session under RSA 91-A:3 II (e) – Pending claim. Second by Selectman McCarthy. Roll Call Vote: Chairman Donovan – yes; Selectman McCarthy – yes; Selectman Thayer – yes. Vote: Unanimous.
Chairman Donovan closed the nonpublic session at 6:17pm. Second by Selectman McCarthy. Per unanimous roll call vote, the minutes of the meeting will remain confidential until in the opinion of the majority of the members the circumstances no longer apply.
5:45pm - Memo from Planning Board Re: Sargent Woods
The Board reviewed a memo from the Planning Board outlining a concern they have with the Sargent Woods property. The Planning Board feels that although there are currently no residents living at Sargent Woods, leaving the roads un-maintained could present a life-safety issue in the event there is a problem with any of the existing buildings. The Planning Board is recommending that the Selectmen contact the owner requesting that the roads to be plowed after snowstorms.
The Board decided to send the owner a letter asking them to maintain the road during the winter by snow plowing them.
6:00pm - Trinity Ambulance Contract
Present was Fire Chief William Ingalls
Fire Chief Ingalls informed the Board that all issues surrounding the wording of the ambulance contract has been resolved with the Local Government Center and Town Counsel Sumner Kalman and the contract is ready to be signed. Town Administrator Nancy Wrigley discussed that this contract is for 31 months with a zero amount paid by the town.
Chairman Donovan motioned to accept the Ambulance Contract from Trinity Ambulance Service effective February 19, 2009 which runs concurrently until August 31, 2011 at no cost to the town. Second by Selectman McCarthy. Vote: Unanimous. The Board signed the contract.
V. Announcements
· First day for candidates to file for candidacy is Wednesday, January 21, 2009
· Last day for candidates to file for candidacy is Friday, January 30, 2009
VI. Accept Minutes of Selectmen Meetings
- Selectmen’s Public Meeting minutes of December 8, 2008 and December 22, 2008
- Selectmen’s Nonpublic Meeting minutes of December 8, 2008 and December 22, 2008
The Board held off from accepting minutes for they did not have a chance to review them.
VII. Reports from Department Heads
Fire Chief Bill Ingalls informed the Board that tentatively the New Boston Road Bridge will be closed for repairs and he has been informed that the State will start posting the signs shortly. The Fire Department will be covering everything on this side of the bridge while the road is closed. New Boston Road Bridge goes over the Powwow River.
Once the final dates for closure are known, Office Manager Winglass will post the information on the website.
VIII. Adjourn
Chairman Donovan motioned to adjourn at 6:21pm. Second by Selectman McCarthy. Vote: Unanimous.
Respectfully Submitted,
Mary B. Winglass, Office Manager
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