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April 29, 2010 Board of Selectmen Minutes
SELECTMEN’S PUBLIC MEETING

April 29, 2010


  • Call to Order
Chairman McCarthy called the meeting to order at 6:10pm.  In attendance were Chairman Trisha J. McCarthy, Selectman Robert S. Donovan, Jr., Selectman Raymond D. Thayer, Town Administrator Nancy J. Wrigley and Office Manager Mary B. Winglass.  The minutes were transcribed and typed by Office Manager Winglass.

Chairman McCarthy motioned to go into Nonpublic Session under RSA 91-A:3 II (c) – Bankruptcy.  Second by Selectman Donovan.  Roll Call Vote: Chairman McCarthy – aye, Selectman Donovan – aye, Selectman Thayer – aye.  Vote: Unanimous.

Chairman McCarthy closed the nonpublic session at 7:03pm.  Second by Selectman Thayer.  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.

Paul Gelinas, VP People’s United Bank briefly addressed the Selectmen about recently acquiring Butler Bank.  The reason for his visit is to address the bankruptcy notice for 6 Sarah’s Way in Newton and the two plans that the Board has been asked to sign regarding the reorganization.  Gelinas added that the plans are straight forward and the Board may want to consider setting a precedent due to the present economic times.  The Board thanked Mr. Gelinas for attending and apologized for making him wait in order to make a brief statement.

  • Introduction of Guests
  • Old Business
        A.  Cont discussion of a Special Town Meeting

Police Chief Streeter was present to discuss the Selectmen’s vote last week to support a special town meeting.  Streeter prepared a petition from the Board of Selectmen to the Superior Court for an emergency special election under the provisions of RSA 31:5.  The petition is due to a textual error to warrant article #3 on the March 9, 2010 ballot.  Streeter added that the petition addresses the error on the ballot and issues with the department that relate to space and health risks.  Recently the Local Government Center conducted an air quality inspection of the Police Department and found numerous problems with the building.  The problems found by the LGC are issues that cannot be fixed without a significant expenditure and would require another two trailers to house the department’s employees.

Streeter added that basically he put together the petition to the superior court for the Board’s perusal.  Once the Board votes on the petition we then must post a notice of the petition within 24 hours but then must wait ten (10) days to file the petition with the Superior Court.

The Board reviewed the petition; the cost for filing the petition is approximately $200.00.

Selectman Donovan motioned to allow Police Chief to file the petition on behalf of the Board of Selectmen for an Emergency Special Election under the Provisions of RSA 31:5.  Second by Selectman Thayer.  Vote: Unanimous.

The Board reviewed a prepared public notice that will be posted in town within 24 hours and in the next edition of the Carriage Towne News.  

IV.     New Business
        1.  Request from resident Mark McKenna Re: Transfer Station bulky fee refund

Resident Mark McKenna was present and spoke about his previous visit to the Town Hall Selectmen’s Office to find out if FEMA was to cover the cost of damage to properties in town from the February/March rain and wind storm.  Office Manager Winglass and Selectman McCarthy were at the office and informed Mr. McKenna that FEMA has not yet made any decisions as of that time (beginning of March).  The damage to Mr. McKenna’s property was to his painted fence.  Mr. McKenna inquired as to whether the fence could be dropped off on the “fee free” weekend but since this was before voting day no one was sure until the vote took place on March 9, 2010.  

Mr. McKenna took his fence to the Transfer Station and paid $40 per receipt number 4638 dated April 4, 2010 and he is asking to be reimbursed for he would have waited to take it to the Transfer Station on the “fee free” weekend.

Selectman Thayer motioned to refund Mr. Mark McKenna the $40 for the disposal of the painted fence paid from the Transfer Station Recycling fund.  Second by Chairman McCarthy.  Selectman Donovan questioned if we are going to allow everyone a refund; Chairman McCarthy responded that she remembers when Mr. McKenna came down and spoke with the office staff.  Mr. McKenna followed through with checking with many town officials and due to the timing we did not have an answer.  Due to the fact that Mr. McKenna questioned it with the town makes this a unique situation and deserving of a refund.  Vote: Unanimous.

        2.  Reinstatement of Gale Library Trustee Alternate – Kathleen Meserve

Office Manager Winglass asked for this item to be tabled until Monday, May 3rd.

        3.  Transfer Station Mgr. Re: “On call” Floater position

Transfer Station Manager Kevin Jolicoeur was present to discuss hiring a “on call” floater employee at the Transfer Station for he has had many times when short staffed for his two (2) floaters were unable to come in when called due to a last minute scheduling change.  He will continue to offer the current staff any last minute hours that become available when someone calls in sick  but based upon the history he needs an additional resource in this area.  Jolicoeur stated that this position would help fill in for sick calls, vacation and training.  

The Board reviewed a help wanted advertisement and approved to put it out on Craig’s List and on the town’s website.

        4.  Memo from Planning Board Re: Pond Knoll Subdivision

Chairman McCarthy stated that the Selectmen received a memo from the Planning Board advising them and the Code Enforcement Officer (CEO) of violations at the Pond Knoll Subdivision and asked for the CEO to investigate the issues.

McCarthy added that since the heavy rains in February/March she has been checking the town for trouble spots working with EMD Larry Foote as well as always wearing her conservation hat and now as the liaison to the Planning Board.  McCarthy contacted the owner of this property Todd Fitzgerald and he responded that he is waiting until the soil dries out; he was leaving the next morning on vacation and would be back this coming weekend.

Planning Board member Ann Miles added that the NPREA account for this subdivision is zero and the Planning Board is at the point of not signing any occupancy permits until the site has come into compliance.  Miles talked about holding the building permits until the site is in compliance.

Road Agent Mike Pivero talked about the driveway permit issued last year that was contingent upon following the recommendation of the Town Engineer Mike Vignale per the approved plan.  Pivero added that the only authority that he has over the driveway is in the town’s right of way; other than that they can do whatever they want.  This plan was approved for three lots on Pond Street with a shared driveway.  Pivero added that the Town Engineer needs to be involved with this project to completion.

Chief Building Official Ron LeMere was present and asked if the Planning Board has an approved signed plan for the subdivision and if so then the work on site must be completed before any occupancy permits are signed.  The Planning Board only needs to notify the building department of the deficiencies and occupancy permits will be held until the Planning Board has approved the site.

V.       Announcements
VI.     Accept Minutes of Selectmen Meetings
VII.     Reports from Department Heads
VIII.   Other Business

Road Agent Mike Pivero discussed a request from the Recreation Commission to neaten up the parking lot area before this Saturday for that is opening day for Softball/Baseball and they are having a parade to start the season.

Selectman Donovan motioned to allow Road Agent Mike Pivero to repair the parking area at Greenie Park with the funds coming from the Recreation budget.  Second by Selectman Thayer.  Vote: Unanimous.

Sign Vendor and Payroll Manifest, Requisitions, Abatements, Tax Credits and Correspondence

  • The Board signed, per the recommendation of Town Assessor Andrea Lewy, to deny an abatement for 6 North Main Street, Map 011-10-015
  • The Board signed and approved a vendor manifest dated April 26, 2010 for a total of $15,593.43.
  • Chairman McCarthy signed a requisition to purchase a refrigerator for the Central Fire Station.  Selectman Donovan and Selectman Thayer were not in agreement and did not sign.
  • Selectman Donovan asked to re-address the motion made to move forward with leasing an office trailer at the Central Fire Station.   
        Selectman Donovan motioned to rescind the motion that was made to move forward and instead to investigate the option of leasing an office trailer for the Central Fire Station.  Second by Selectman Thayer.  Discussion:  McCarthy added that tonight Chief Building Official Ron LeMere went to look at the site for any issues; Conservation Commission may weight in on it and possibly resident Alan French who at the last meeting had information on less expensive leasing options.  Vote: Unanimous.  

  • The Board signed the payroll manifest for the period of April 11, 2010 – April 24, 2010.
  • Recreation Commission Re: Request for Payment
The Board approved and Selectman Thayer signed a request for reimbursement to Deb Holden, member of the Recreation Commission for $269.41 for expenses incurred for the annual community Easter Egg Hunt.

IX.    Adjourn

The Board then went back into a non-meeting with Town Counsel Sumner Kalman

Chairman McCarthy motioned to close the nonpublic meeting at 8:35pm.  Second by Selectman Donovan.  Roll Call Vote: Chairman McCarthy – aye; Selectman Thayer – aye, Selectman Donovan – aye.  Vote: Unanimous.

Selectman Donovan motioned for the Board of Selectmen to accept the “Ballot for Accepting or Rejecting Debtors’ First Amended Joint Plan of Reorganization Dated March 30, 2010” Plan for Ann Miles and to deny Butler Banks Plan.  Second by Selectman Thayer.  Vote: Unanimous.

Chairman McCarthy motioned to adjourn at 8:50pm.  Second by Selectman Thayer.  Vote: Unanimous.

                                                                Respectfully Submitted,



                                                                Mary B. Winglass, Office Manager