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August 27, 2012 Board of Selectmen Minutes
TOWN OF NEWTON
SELECTMEN’S PUBLIC MEETING
August 27, 2012


Call to Order

Chairman McCarthy opened the public meeting at 4:30pm.  In attendance were Chairman Trisha J. McCarthy, Selectman Raymond D. Thayer, Selectman Charles R. Melvin, Sr., Town Administrator Nancy J. Wrigley and Office Manager Mary B. Winglass.  The meeting was audio taped; minutes were transcribed and typed by Office Manager Winglass.

Procedures for planting on Town owned Properties

Ann Miles was present.

Chairman McCarthy explained that someone came in on Thursday afternoon with photos and although they did not file a complaint, the pictures showed that there were holes in the ground and asked if you need permission to alter town property by planting flowers.  They also mentioned the gazebo located on the island on Sarah’s Way.  McCarthy spoke with Code Enforcement Officer Larry Middlemiss about the gazebo and Planning Board Administrative Assistant Rick Milner joined the conversation.   Milner added that he was aware of the gazebo for he walks with his kids in the area and it has been there for years.  McCarthy then questioned if the town was aware that the gazebo was on town owned property.  Middlemiss and Milner took a ride to Sarah’s Way to confirm that the gazebo was still on town property.  Police Chief Streeter was asked to go to Sarah’s Way to tell Miles that she needs approval by the Selectmen before doing any work on town property.

Ann Miles added that three town officials went to the property that day, the Police Chief, Code Enforcement and Planning Board and she came to the town hall to find out why we are paying for three officials to visit Sarah’s Way.  Miles stated that the town has nothing in writing, no formal complaint and yet three town officials visited the property.

Miles added that this is happening over and over again and they want the town to get involved without an official complaint.  McCarthy added that she spoke with Miles on Friday and explained that this started with plantings and then a liability to the town with the gazebo on town owned property.  Town Administrator Wrigley added that the town was unaware of the gazebo on town property on Sarah’s Way.  

A discussion ensued with the policy for the past couple of years are to receive approval from the town for any work done on town property.  McCarthy added that Miles said that she has been doing this for ten years; the Board agreed that they do not have a problem with Miles planting.  Miles responded that she has a problem with the town sending out officials without a report of any kind based upon anonymous complaints filed in the past.

Chairman McCarthy responded that it was a fact finding mission, so we know what is on town property, in order to inform the Town Administrator for insurance purposes.    

Selectman Melvin added that he does not have a problem with planting flowers as long as it is not a problem with the Road Agent.

Road Agent Mike Pivero was present and stated that his rules are simple and there are a few people in town that have adopted islands and he is all for it.  Pivero added that during plowing season he does not want to hear, watch out for the flowers but the rest of it is fine.  

Miles responded that she will remove the gazebo if it is a problem.  The Board agreed that it needs to be removed for we have no permits. Miles spoke about alterations to the side of the road on Sarah’s Way; Pivero asked is there a swale in that area.  Miles responded yes; Pivero responded that he would look into it.

Miles went back to asking what the Board is going to do moving forward with a verbal complaint.  McCarthy added that Middlemiss and Milner went out to confirm if there was a gazebo on the property, they were not out based upon a verbal complaint.

Office Manager Winglass added that when we receive word of any changes or alteration to town property without authority, we do not require it in writing and we usually start by sending out the Police Chief to check the property.  Miles responded that the town needs to keep proper record keeping for she may need to press charges and/or a stalking order.

The Board discussed many scenarios that happen on town property that would hinder the town from handling situations if they were to require a written report such as dumping on town property.  Miles responded then you should log it.  The Board responded that the caller may not give their name but we still need to follow through by checking the property.  The Board agreed that this situation got a little out of control and the Police Chief should have been the only official to visit the property.

The Board agreed that if anyone wants to alter/plant or do any work on town property then they must receive approval by the Board of Selectmen.

Chairman McCarthy motioned to allow Ann Miles to plant flowers on town property on Sarah’s Way.  If they are destroyed by the snow it is not the town’s responsibility.  The Board encourages beautifying the town but must receive approval by the Selectmen.  Road Agent Pivero added that during summer maintenance if it becomes a site distance problem then they will be taken down.  The Board agreed that every request should be reviewed due to site distance.    Second by Melvin.   Motion passed with a unanimous vote.

The Board then addressed the gazebo on town property.  Chairman McCarthy stated that we do not have any permits for the gazebo; Miles responded that there were no permits obtained for the gazebo.  The Board agreed that the gazebo must be removed; Miles promised that the gazebo will be gone within the week.

2012 Paving Bids

Selectman Melvin stated that he made an error in his motion at the August 21st meeting regarding the paving bids.  Melvin added that due to the Gavin Subdivision approved in that area he would like to see them complete the work so he asked Pivero to reconsider the road work planned for Maple Avenue.

Pivero responded that the subdivision has expired; it was approved in 2007 and part of the conditions were to complete a Stormwater Management Plan which they never did, cost analysis for drainage upgrades and with the cost analysis a negotiation period between the Planning Board and the developer to share the cost with the town.   Melvin reviewed the plan from the Planning Board.  Pivero added there is no shortage of areas in town that he could pave instead of Maple Avenue but it throws off the continuity of the Road Reconstruction Plan that was prepared with help of Mike Vignale, Engineer.  

Pivero added that if there was some activity at the Planning Board level then it would make sense to hold off for now but there has been no activity.

Selectman Melvin stated that he knows that someone is interested in the development and would rather see them pay for the offsite improvements on the road.  The Board decided to give Melvin a couple of days to see if there is some validity to what he has heard and to make sure they are aware that the subdivision approval has expired.

NH State Elections

The Board discussed the need to have in place help to set up the polling booths at the Town Hall.  The Board decided to have Selectman Melvin to speak with the Transfer Station employees that have done it in the past as well as the other Transfer Station employees to see who is interested.  Selectman Melvin and Thayer will both take part in setting up the polls this year.  The Board scheduled the set up of the booths for September 10, 2012 at 6pm.

Other Business

The Board signed a Timber Tax Levy for Map 016-04-014

Selectman Melvin adjourned the meeting at 5:25pm.

                                                Respectfully Submitted,


                                                Mary B. Winglass, Office Manager