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February 17, 2009 Board of Selectmen Minutes



SELECTMEN’S MEETING

February 17, 2009


I.      Call to Order

Chairman Donovan called the meeting to order at 5:03pm.  In attendance were Chairman Robert S. Donovan, Selectman Trisha J. McCarthy, 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.

Selectman Raymond D. Thayer was not present.

II.     Introduction of Guests
III.    Old Business

6:00pm -  Cont discussion for a Discretionary Preservation Easement at 6 Highland                                                                                    Street, Map 11, Block 6, Lot 9

Present were Town Assessor Andrea Lewy and homeowner Sarah Hill of 6 Highland Street.

Chairman Donovan stated that the Board held a site walk a week ago Saturday on February 2nd  when they walked the property with Town Assessor Andrea Lewy to view the buildings due to a request by the homeowner Sarah Hill for a Discretionary Preservation Easement.

Town Assessor Lewy spoke about the intent of the Discretionary Preservation Easement per RSA 79-D is to preserve historic agricultural structures within a certain criteria that could be easily converted back to an agricultural use.  The application for the Discretionary Preservation Easement included what is referred to as the “sausage house” and a barn located at 6 Highland Street.  Lewy added that the barn had no alterations other than the doors added to the second floor; the sausage house and stalls had been altered to be used as a business and converted into an apartment and is now in the process of renovations due to water damage issues.  (See the site walk minutes of February 2nd for more detailed information).  Some changes discussed were skylights, full dormer on the sausage house, a triangle shaped window over the patio sliding door, patio, a bow window, kitchen, bathroom, bedroom, and a living room therefore, it is her opinion that it does not fall within the intent of the law surrounding the Discretionary Preservation Easement.  Town Assessor Andrea Lewy added that after looking at the property, the sausage house does not preserve the character or the look however; the barn itself could fall under the easement for it only has the door issue and would not take much to remove the doors.  

Andrea added that after looking at the property there are areas that would affect the property assessment such as water damage and the age of the property.  She feels a reduction in assessment would be appropriate after making these adjustments and the money saved would allow repairs to be made at the property.  The reduction in assessment totaled an estimated $30,600 based upon the entire structure including the main house.  

Chairman Donovan stated that the town did approve a Discretionary Preservation Easement on another barn in town but unfortunately at this point the sausage house does not fall under the preservation easement and neither the barn for it has been altered from its original design with a sliding door and deck.  It was discussed that if the barn itself were restored then they feel that it would qualify.  Selectman McCarthy stated that according to the preservation easement language we must follow the RSA for integrity and it also has a component to include agricultural use.   

Sarah Hill, owner of 6 Highland Street stated that she agrees with everything said except their reading of the preservation easement for the law does not matter the present intent of the building but as long as they are the original structures.  Sarah added that she will go back and read the RSA but it was her understanding the intent of the law is to keep the buildings standing.  Sarah stated that she has been preserving the buildings over the past 25 years and the sausage house remains the same as when she purchased the property but only renovated it to include the dormer and skylights.  Another part of the law is that the property sits directly on a main road in town which is another piece of criteria required for the easement.

Sarah Hill discussed that preservation is one factor that is important in town and talked about historical properties in town and her goal is to preserve her building.  Sarah thanked the Board for their time and respects the decision of the Board and their time and thoughtfulness given this request.

Town Assessor Andrea Lewy replied that she is not saying that the building has to be used as an agricultural use but to preserve the external look of the building and must have the look and feel of a historic building.  When you alter the exterior, it altered the look.

Chairman Donovan asked Town Assessor if the main barn door was removed then would it qualify; Andrea responded “yes” in her opinion it would.  

Chairman Donovan asked Town Assessor Lewy if the skylight was removed would it qualify.  Andrea responded that the sausage house itself, it is her understanding with the skylight and dormer added to the building that it is altered from what it was.  

Chairman Donovan told Sarah that the barn can be revisited if the vinyl siding and double door was replaced then the barn would be where it needs to be to be accepted but the sausage house has had too many alterations.  

Chairman Donovan motioned to decline the sausage house and barn the Discretionary Preservation Easement at 6 Highland Street.  Regretfully seconded by Selectman McCarthy.  Discussion: Selectman McCarthy stated that she can appreciate the work that Sarah has put into the buildings.  Vote: Unanimous.

6:15pm  -  Cont discussion with Fred Gundersen Re: Bond release on Nordic Wood Lane

Present were Developer Fred Gundersen and Road Agent Mike Pivero

Road Agent Mike Pivero stated that he went up and looked at Nordic Woods, the little that he could see at this time of year, and the road is in good shape; he also talked to Mike Vignale at KV Partners and he feels the road is in good shape and has no issues.   Pivero added that, as the Board already knows, the only concern is to be cautious by changing the rules or a waiver thereby setting precedence.  

Mr. Gundersen agreed with the Road Agent in that the road is in good shape and has been in for four years and the top coat for some time and he is not sure of any liability to the town but can also understand setting precedence.

It was discussed that we are discussing the remaining 10% road bond balance of $33,566 as of November 10, 2008 and the letter of credit expires on April 16, 2009 which will need to be renewed.

Chairman Donovan motioned due to the economy at this time and on the Road Agents opinion and the Town Engineer having no issue, to release 50% of the road bond back to Mr. Gundersen.  Second by Selectman McCarthy.  Vote: Unanimous.

Selectman McCarthy informed Mr. Gundersen that he will need to take the necessary steps with renewing the letter of credit.

6:30pm   -  Cont discussion with residents of Marcoux Grove Re: Winter maintenance and
                   safety concerns

Chairman Donovan stated that we looked into the meeting minutes of the site walk held on November 23, 2002 at Marcoux Grove by the Board of Selectmen and the 2003 warrant article that resulted in no plowing to private roads.

The site walk minutes showed the Selectmen approved an hour of plowing by a resident until the vote in 2003, which then changed holding the town to no maintenance to the road.  If there is an emergency, then the Road Agent will be contacted and called out but other than that the Board can get in trouble.  Chairman Donovan added that the Road Agent has set up sand at the Transfer Station for residents to take for free.  Residents of Marcoux Grove discussed that the sand is a frozen block.  Road Agent Mike Pivero responded that it is a logistical problem.  

Resident Tom Hansen of Marcoux Grove responded that the residents of Marcoux Grove understand the warrant article passed in 2003 and the need to put in a petition warrant article on the 2010 Town Warrant to change this decision.

Mr. Hansen then discussed fire safety and the need to get water from the pond if there were a fire for there is a problem with access to water in the winter.  Chairman Donovan asked Fire Chief Bill Ingalls opinion or any concerns with fire safety in the Grove.  Fire Chief Ingalls responded that if the town wants to put in a dry hydrant in the middle of the Grove go right ahead, the only hydrant is at Webster Bridge and the Fire Department carry’s 6,000 gallons of water on wheels; the more fire protection the better we would be.  Chief Ingalls talked about past access to the pond down an access road during the summer time.  Chairman Donovan asked if Chief Ingalls would look into the best location and price of a dry hydrant in the Grove.  Chief Ingalls will handle looking at location and price from local contractors for the Selectmen to review.

Richard Doucette of 19 Marcoux Grove talked about the standing water on the corner of Pond Street and Marcoux Grove that floods out easily.  Chairman Donovan added that there is a drain that does not connect anywhere and is a problem  Chief Ingalls asked where he is to put the water for he cannot pump it into the pond or anyone else’s property.  Mr. Doucette offered to pump the water onto his property.  Chairman Donovan responded that we would need written permission from the homeowner to do this and will be looked into it when Chief Ingalls reviews the area.  

Chairman Donovan wrapped up the discussion by stating that the Selectmen’s Office will contact Mr. Hansen when we will discuss the hydrant and the logistics of pumping the water out of the intersection again with Chief Ingalls.

IV.     New Business

5:00pm   -  Police Chief Lawrence Streeter Re: Police Officer Appointment

Police Chief Lawrence Streeter was present and discussed how the Police Department has lost a few officers over the past 7 months and that he has been in the process of looking to fill the vacancies.  Chief Streeter added that he is here tonight to introduce to the Board a candidate for a part time position, Jacqueline Scott from Raymond, NH.  Chief Streeter talked about her career in law enforcement and recommended to the Board to hire her as a part time Police Officer.  

Chairman Donovan motioned to appoint Jacqueline Smith, probationary certified part time Police Officer effective today.  Second by Selectman McCarthy.  Vote: Unanimous.

5:15pm    -  Newton Police Association Re: Voter information table at the Transfer Station

Chief Streeter spoke on behalf of the Police Association who is respectfully requesting to set up an information table at the Transfer Station for the two weekends prior to March 10th for the purposes of sharing information regarding article #10 (Renovation of the current Police Station).  Chief Streeter added that they will be handing out informational brochures and this will allow a one on one discussion and is a great way to speak with the public.  

Chairman Donovan responded that the town’s policy allows for this activity at the Transfer Station as long as they do not hold up traffic and stay within the designated area.  

Selectman McCarthy then asked Chief Streeter to review a list of those from the Police Department that went above and beyond to help during the ice storm.  Chief Streeter will contact the Selectmen’s Office with any changes/additions.


6:45pm  -  Planning Board Chairman Ann Miles Re: Plan NH

Present were Planning Board Chairman Ann Miles

Miles stated that she has wonderful news for the Board of Selectmen, a Plan NH grant.  Plan NH brings together professionals from the surrounding areas to help small town’s look at projects of local interest and will assist with the design and engineering portion of the project.  Assistance comes in the form of a two day intensive work session, at the end of which, the town is provided with a document summarizing the work as well as plans and drawings.  Miles added that she put in an application for this grant, which is a competitive grant and needs a letter of support from the Board of Selectmen.  Letters of recommendation indicating a consensus amongst the leadership and governing body are required as part of the application. Miles stated that the Planning Board prepared a sample letter for the Board’s consideration.

Plan NH would help the Planning Board to begin a transition toward a more self-sufficient, walkable community by establishing local mixed-use hubs or small villages throughout the town.  Miles presented the Board with a plan outlining the Plan NH proposal.  The grant asks for a $2,500 fee for the whole process and can be paid for out of the Planning Board budget.

Chairman Donovan motioned to support the Planning Board to go after the Plan NH grant to be paid out of the Planning Board budget.  Second by Selectman McCarthy.  Vote: Unanimous.

7:00pm  -       Tower Resource Management Re: Telecommunications project

The Board read a letter from Tower Resource Management asking if the Town would be interested in leasing a portion of its land for the construction of a telecommunications tower.  The letter stated that not only will the Town profit from the income that it would receive but it will also gain improved cellular coverage as well as having a say in exactly where the facility will be located.  Chairman Donovan stated that the Town of Atkinson has been dealing with controversy over a decision to move forward with a telecommunications tower over the past couple of years and he said that he does not feel comfortable making a decision but to have the input from the townspeople regarding this type of a tower.  

The Board decided to find out more information about this type of project and Selectman McCarthy added that we would need some input from the Planning Board.  The Board discussed that if the tower is hidden in the clock tower of the Town Hall and not visible to anyone then that is one thing; for some residents would not want a large white tower in their backyard.  

Town Administrator Nancy Wrigley will email the company to find out about this project and get the information to both the Planning Board and the Board of Selectmen.    

7:15pm  -       Memo from Kimberly Hughes Bookkeeper/Payroll Administrator Re: 2009 Auto                        Mileage Reimbursement Rate

The Board reviewed a memo from Kim Hughes, Bookkeeper/Payroll Administrator stating that beginning January 1, 2009 the IRS standard mileage reimbursement rate will decrease to .55 cents per mile from .585 cents per mile for business use.  The Town currently reimburses employees for work related travel at a rate of .55 per mile.  The Board decided to make no change and keep the Town reimbursement rate at .55 per mile.

7:30pm  -       Emergency Help Survey

The Board reviewed a draft emergency assistance form prepared by Kim Hughes as part of the follow up to the ice storm emergency that left the town without power for up to 10 days.  The form asks residents for information from those that would need assistance in the event of a Town-declared emergency.  

The only changes to the form were to add email addresses and to include that the form be mailed to the Selectmen’s Office with the mailing address or hand delivered.

Town Administrator Nancy Wrigley asked who will compile the information and keep track of the forms as they come in for the information is to be kept confidential.  Selectman McCarthy responded that EMD Director Larry Foote feels that it should be handled through the Emergency Management.  Chairman Donovan suggested that a copy be kept in the emergency shelter box at the Town Hall.  Selectman McCarthy stated that she was under the impression that EMD Director Larry Foote will be recommending the appointment of two Deputies that will help prepare this information for Emergency Management and will be available through the Emergency Management office at the Fire Station.  

Chairman Donovan motioned to accept the Emergency Assistance Form with the amendments.  Second by Selectman McCarthy.  Vote: Unanimous.

The Board thanked Kim Hughes for her hard work when preparing this document.

7:35pm  -       One Call Now (Telephone Message Delivery Services)

One Call Now is a telephone message delivery service that would allow the Town to send notifications by email and telephone messages to the residents regarding information surrounding emergencies such as our latest winter ice storm but also for information surrounding West Nile Virus and EEE (Eastern Equine Encephalitis) and the closing of the Town Beach due to water testing results.  

Town Administrator Nancy Wrigley stated that she believes the cost was $975.00.  The Board discussed the need for the townspeople’s telephone numbers and/or email addresses for this service.  Town Administrator Wrigley responded that this was discussed at a Safety Meeting and to use the Town website to reach out to the residents and the phone book to obtain phone numbers.  

Selectman McCarthy discussed that if this service is approved then we could publish something in the Carriage Towne News informing the residents of this new service.  The Board discussed the need to hold off until after the March Town Meeting and in the meantime to check with the Sanborn Regional School District to find out who they are using for phone numbers have already been put into a database for this service and to find out what the price difference would be to add the Town to this service.

ACTION ITEM:  Selectman McCarthy will speak with Emergency Management Director Larry Foote to let him know the direction the Board would like to take by investigating the School Districts service.

7:45pm    -     Per RSA 31:95-b to accept unanticipated funds of $500 donated to the            Town of Newton from FairPoint Communications and a total of $181.93             donations to the Newton Food Pantry.

Town Administrator Nancy Wrigley stated that the Fairpoint Communications donation came in last year but there was no time to put it on an agenda.  

Chairman Donovan motioned to accept the contribution in the amount of $500.00 from Fairpoint Communications as of way of thanking us for helping with the Fun Fair and the money goes into the General Fund.  Second by Selectman McCarthy.  Vote: Unanimous.

The Board questioned if the Board should state the names of those that donated to the Newton Food Pantry.  Town Administrator Nancy Wrigley stated that some people that donate want to remain anonymous and the Welfare Agent Tina O’Rourke sends out thank you notes.

Chairman Donovan motioned to accept the donations totaling $181.93 to the Food Pantry account.  Second by Selectman McCarthy.  Chairman Donovan would like to ask those that donate if they want to do it as an anonymous donation or if they would like their name mentioned when accepting the donation.  Vote: Unanimous.

        V.       Announcement
·       Tuesday, March 10, 2009 Annual Town Meeting (Voting Day) at the Sanborn Regional Memorial School in the Gym from 8am to 8pm.

Selectman McCarthy added that the Board is putting in an insert into the March 5th edition of the Carriage Towne News showing a “no” tax impact as it relates to certain warrant article on the ballot for the town cannot put it on the ballot per State Law.

VI.     Accept Minutes of Selectmen Meetings
        - Selectmen’s Public Meeting minutes of January 12, 2009, January 19, 2009
        - Selectmen’s Nonpublic Meeting minutes of January 12, 2009, January 19, 2009
        - Selectmen’s Public Hearing minutes for the 2009 budget and warrant article on                           January 19, 2009 and Public Hearing for Bond Issue on January 19, 2009

The Board tabled accepting minutes tonight for they would rather accept the minutes when all three Selectmen are at the meeting.

Chairman Donovan motioned to go into a 15 minute recess at 5:47pm.  Second by Selectman McCarthy.  Vote: Unanimous.  

Chairman Donovan motioned to resume the public meeting at 6:03pm.  Second by Selectman McCarthy.  Vote: Unanimous.  The Board discussed the 6pm continued discussion for a Discretionary Preservation Easement at 6 Highland Street.

VII.    Reports from Department Heads

Selectman McCarthy talked with Road Agent Pivero to ask him to review of list of those who helped during the ice storm.  

VIII.   Adjourn

Chairman Donovan motioned to adjourn at 6:54pm.  Second by Selectman McCarthy.  Vote: Unanimous.

                                                                Respectfully Submitted,


                                                                Mary B. Winglass, Office Manager