NEWBURY BOARD OF SELECTMEN
MINUTES OF FEBRUARY 26, 2007 MEETING
Selectmen: Jim Powell, Richard, Wright, Gary Budd
Town Personnel: Dennis Pavlicek, Town Administrator; Shelly Candidus, Admin. Assistant; Cal Prussman, Highway Admin.; Henry Thomas, Fire Chief; Bob Lee, Police Chief
Public: Helga Thomas, Wayne Whitford, Deane Geddes, Frank Perrotta, Bill Weiler, Bill Annable, Suzanne Levine
The meeting convened at 6:30 p.m. There was no public input.
APPOINTMENTS:
Cal Prussman appeared before the Board to discuss several issues. First, he submitted a Purchase Order for a hose machine and fittings for $2,500. The Board signed the P. O. He reported that he had quotes from two sources for a one-ton truck as requested in his article on the 2007 warrant. Dobles’ quote came in significantly below that of Banks. The Board advised him to proceed with Dobles and see what they will offer for the trade-in.
Prussman said there was a drainage problem on Pine Street in Blodgett Landing. It appears to have occurred because the ditch line has filled in. Water eventually runs off into the lake. Abutters have asked him to install a culvert just off the right-of-way, which is on private property. Wright said that the property owners should address this problem. Powell and Budd agreed in principle but the Board decided that they should inspect the area in the spring after the snow is gone before making a decision. Prussman also reported that there is a drainage problem on Iacopino’s property. It appears that old piping which may have been installed by the town many years ago has rotted out. This could result in a dangerous situation. Wright said he would prefer that a retention
pond be installed rather than directing the water into Blodgett Brook. If this were done close to the road, the town could maintain it. The Board again decided to inspect the area in the spring. They said these situations should be looked at on a case-by-case basis.
Chief Lee came before the Board to report on an inactive account containing $197 held in the name of the Police Department. The state has said it will be abandoned because of inactivity. Lee has tried to determine if the money is restricted for a particular use. He could not find any relevant restrictions. Since the department needs camera equipment, he could like to close out the account and use the funds for this purpose, which falls under any or all restrictive guide lines. The Board agreed to this action.
Bill Weiler came before the Board to present information on a 850-acre tract of land located on Mountain Road. The Society for the Protection of New Hampshire Forests is negotiating to acquire the grantee interest in a conservation easement on this property. They need additional funding and have asked the Conservation Commission for a contribution of $200,000 towards the purchase of this easement. Weiler reported further on the inherent value of the land in terms of its timber, wildlife and recreation potential. He noted that in case of any violations of the easement terms, if the town chose not to take action, this would fall to the state. Town risk and liability would not be impacted.
Weiler asked the Board to commit to acquiring an executory interest in a conservation easement on this land. He presented the following motions:
1. That the Board of Selectmen endorse the Newbury Conservation Commission’s decision to contribute $200,000 from its Conservation Fund towards the purchase price of a conservation easement on an 858+/- acre parcel of land identified in the town tax records as Map -24, Lot 778-109. This motion was passed by the Board.
2. That the Board of Selectmen comit to acquiring an executory interest in a conservation easement on an 850 +/- acre parcel of land identified in the town tax records as Map 024, Lot 778-109, subject to the following conditions:
A. That The Society for the Protection of NH Forests acquires the grantee interest in the easement.
B. That the easement includes a guaranteed right of Public Access for pedestrian, non-commercial, outdoor recreational purposes such as but not limited to hiking, wildlife observation, cross-country skiing, fishing, and hunting.
C. That the Board of Selectmen and the Town’s legal counsel review and approve the conservation easement language, the easement appraisal report and the title option.
This motion was passed by the Board.
REGULAR BUSINESS:
PAYROLL & ACCOUNTS PAYABLE: Week ending February 24, 2007 approved.
MINUTES: Minutes of February 12, 2007 approved to file.
ABATEMENTS/REFUNDS/EXEMPTIONS: 23 refunds and 2 abatements were
signed, having been recommended by the Assessor and previously approved by the Board.
One Veteran’s Credit and one Blind Exemption were approved and signed.
DISCUSSION OF WARRANT ARTICLE 12:
Powell provided background by explaining that the town contracted with MRI
consultants to do a study of the Fire Department which was completed in March, 2006. He said
they had many good recommendations, including one that would have the Board of
Selectmen appoint the Fire Chief in order to meet current legal requirements of fire department
operations in the state. This method of appointment would clarify that the town is accountable for fire department employees, just as it is for Police and Highway employees. Further, the town attorney gave the Board of Selectmen a history of the various types of small-town fire departments in the state with the recommendation that accountability should fall on the Board of Selectmen. The selectmen met with Newbury Fire Department officers on Tuesday, February 13th and Powell said all except 2 expressed dissatisfaction that the Board failed to communicate with the Fire Department. Two people expressed strong disagreement with the idea of being accountable to the town. Tonight’s discussion will determine whether to leave the article on the warrant or pass over it at Town Meeting. Powell said he
feels the article should be kept in place, but he is also concerned about Fire Department employee morale.
Wright asked if the town attorney had any advice about complying with the law while at the same time making the Fire Department members feel comfortable. He added that the selectmen would still honor the recommendations of the Fire Department and give them every
consideration. He said he was sorry to see only one fireman in attendance, although the agenda for this meeting was posted at the Safety Services building in advance.
Pavlicek said other legal methods of appointing the Fire Department members involve electing Fire Wards, as New London and Sunapee do. He added that the RSAs on this matter are designed to protect the interests of the town.
Powell said that while he can’t speak for future selectboards, this board would accept and consider all applications brought before it.
Budd said the selectmen must do what’s best for the town and this issue should be put to a vote of the town.
Chief Lee said that one bad lawsuit could cause great damage to the town through an inadvertent incident resulting in town liability. The Fire Department members are town employees, not volunteers. Whitford said he can’t see that appointment via the selectboard will make a difference, since this is a town department, with town employees. Chief Thomas said that his job is on the line every year when he has to seek reappointment to lead the largest department in town.
Wright moved to leave Article 12 on the warrant. The motion was seconded and passed unanimously. Powell asked that a letter be prepared to all firefighters recapping this discussion and the resulting decision.
OLD BUSINESS:
Pavlicek reported that legal counsel has sent a Purchase & Sale agreement to the owner
of property at 919 Route 103.
NEW BUSINESS:
The Board signed Certification of Yield Taxes reports in the amounts of $2,506.19, $1,419.24, $693.92 and $393.03.
The Board received notification of program dates and plans for 2007 from the Sunapee Lake Grange.
The Board received notification of the new school rate and payment plan from the Kearsarge Regional School District. Pavlicek said the town had already calculated the new rate and was using it.
The Board received notification from the NH Division of Forests and Lands that John Croteau
has been approved as Deputy Forest Fire Warden.
The Board received notification from the Upper Valley Lake Sunapee Regional Planning
Commission that their Transportation Advisory Committee will meet on March 20th to
consider the region’s 10-year plan and prepare a recommendation to the DOT. New restrictive
guidelines will be considered to meet DOT revisions. UVLSRPC asks for town input prior to
their meeting. Also received were the DOT state guidelines for developing their 10-year plan.
The Board noted a letter from a Pine Street property owner granting the town permission
to excavate and correct drainage on their property. As discussed above, the Board will address
this issue in the spring.
Pavlicek reported that Cemetery Trustee Chuck Crickman was researching Lakeside
Cemetery boundaries and discovered that there is a leachfield in the cemetery belonging to an abutting cottage. The property owner apparently arranged to lease this area from the town in 1973. That lease has now expired. The Trustees want to remove the fence over the leachfield area. Wright said the property owner should be contacted to see if he wants a quit claim deed for that portion of the town land. He advised that the town get rid of that lot. Pavlicek suggested that he arrange to have the Trustees meet with the Board to discuss the situation sometime after town meeting.
Pavlicek reported that the DOT has approved state aid for replacing the bridge at Sutton Road over Ring Brook. The state would fund the project in the amount of $440,000 and the town would raise $110,000. Pavlicek asked the Board to sign off on both bridge aid applications so the town can get in the queue for funding. Paperwork will be done for the next meeting.
The Board discussed a request from an employee for a town ordinance to control private snow plowers on Rt. 103A, saying they present a dangerous situation and do not accommodate through traffic. Wright said the town could not enact an ordinance for traffic on a state road, but we will note her concern in the minutes and ask the Police Department to monitor.
The Board reviewed a letter from contractor Jim Goin asking for town input and permission to cross a property line to work on a boathouse in Newbury Harbor. He needs this permission in order to obtain Wetlands bureau approval. The Board asked Pavlicek to have him attend the next selectboard meeting for discussion of the project.
The Board received a draft of scripted remarks for Town Meeting. They will review and provide input within the next week.
NON-PUBLIC SESSION:
The Board voted to go into non-public session under RSA 91-A:3, II, a-e at 8:12 to discuss an employee’s compensation. Agreement was reached. The Board came out of non-public session at 8:14 p.m.
MEETING ADJOURNED at 8:30 p.m.
NEXT REGULAR MEETING: Monday, March 12, 2007 at 6:30 p.m. at the Town Office.
_______________________ _____________________ _______________________
James M. Powell Richard Wright Gary Budd
Sc/Feb26//07 NEWBURY BOARD OF SELECTMEN
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