BOARD OF SELECTMEN MEETING Wednesday September 22, 2010

MINUTES of the

BOARD OF SELECTMEN MEETING

Wednesday

September 22, 2010

Board Members Present:  Sherman Tedford, Chairman; Roberta Fraser; Gustave Ruth; Theresa Sepe; and Kenneth Gardner. Also present, Rick Meleski, Sewer Superintendent; Town Administrator; Bob Gray and Executive Assistant; Shelly A. Walker.  The meeting convenes at 7:00 PM.  

1^st Order of Business: Open Meeting and Acceptance of Minutes

Minutes of the September 15, 2010 meeting: Selectman Fraser makes a motion to accept the minutes.  Selectman Gardner seconds the motion.  Motion carries 4-0 with 1 abstention.

2^nd Order of Business: Other Business

An application for the Homeland Security Program and Law Enforcement Terrorism Prevention Oriented Activities Maintenance Funds Grant has been submitted for approval. This grant would cover the Winchester Repeater Service Maintenance Contract for 7 years in the amount of  $2340 annually.  Selectman Gardner makes a motion to apply for the grant and have the Chairman sign the contract.  Selectman Fraser seconds the motion.  Motion carries 5-0.

Previously, Rebecca Beaman came before the Board to request an extension of the excavation agreement between the Town and Gary Beaman. A new agreement had been drafted concerning the stockpile only, granting permission for it to remain on Town property for another year. The Chairman asked Rebecca Beaman to review the Agreement drafted by the Town, and after doing so he would invite discussion on this matter. The Chairman asked Rebecca Beaman if the Agreement with the Town on the stockpiles was satisfactory to her, and if she had signed it.  Rebecca Beaman stated that the Agreement was fine and would sign it. All the Board members and Rebecca Beaman signed the document.

A Water Connection Application was submitted for approval for Map 18 Lot 13-1. Selectman Fraser makes a motion to approve the application.  Selectman Ruth seconds the motion.  Motion carries 5-0.

A Timber Tax Levy for Map 2 Lot 35-5 was been submitted for signatures. Selectman Fraser makes a motion to authorize and sign the levy.  Selectman Gardner seconds the motion.  Motion carries 5-0.

Hoyle & Tanner will be receiving for bids on the Wheelock Brook Bridge project, and would like to receive and open the bids at their office. The Chairman feels that all bids should be received and opened by the Town of Winchester. Bob Gray will notify Hoyle and Tanner regarding this issue.

A Contract with James R. St. Jean Auctioneers to auction the 2010 tax deeded properties has been submitted for approval. Bob Gray states that the Selectmen need to set the reserve amount for Map 4 Lot 44-4-1, and the other 2 properties should be offered at absolute auction.  Selectman Tedford makes a motion to approve the contract, set the reserve amount at $22,000 for 179 Bolton Road, and directs the Town Administrator to sign the contract.  Selectman Gardner seconds the motion.  Motion carries 5-0.

The Safe Routes to School Committee has sent a letter to the Board for support in applying for their grant to replace and maintain sidewalks from Route 10 to Parker Street.  After some discussion on the location of new sidewalks to be constructed, Bob Gray suggests having Margaret Sharra mark a tax map with all the proposed sidewalk changes for the Board.

A Raffle Permit for the Pickle Festival was submitted by the Ambulance Department.  Selectman Fraser makes a motion to approve the permit.  Selectman Sepe seconds the motion.  Motion carries 5-0.

It has been brought to the attention of the Board that the Water Department and Tax Collector have their own PO Boxes. The Post Office Box rental for the Water Department box will expire on 5/31/11, and the rental for the Tax Collector will expire 10/31/10. There was some discussion on the responsibility of receiving tax and water bill payments with the Town Hall mail, and the volume of mail received at these Post Office boxes. Selectman Fraser strongly feels that the Post Office Box for the Tax Collector should be kept as it is the responsibility of the Clerk and Tax Collector alone to receive these payments, and not the Executive Assistant or Town Administrator.  Selectman Tedford makes a motion to eliminate the Water Department PO Box rental when it expires, and have the Water Department invoices sent to 1 Richmond Road.  Selectman Gardner seconds the motion.  Motion carries 5-0. Selectman Gardner makes a motion to also eliminate the Tax Collector’s PO Box rental when it expires and have all tax bills sent to 1 Richmond Road. Selectman Sepe seconds the motion.  Motion failed 3-1 with 1 abstention.

The Board has been notified that the Water And Sewer Departments have savings accounts that are not used.  These accounts do not have deposits made to them or withdrawals on them. It was discussed that these accounts may have been used for Capital improvements before the Capital improvement accounts were created. The Chairman inquired as to how much was in each account.  Bob Gray states there was $46,474. in the Water Department savings, and $1,712. in the Sewer Department savings account. Selectman Gardner makes a motion to move the $1,712. from the Sewer savings account to the Sewer checking account, and to move the $46,474 from the Water Department savings account to the Capital Reserve account. Selectman Sepe seconds the motion.  The Chairman suggested amending the motion to include obtaining the bank statement

showing the break down. Selectman Gardener amends his motion, and Selectman Sepe seconds the amended motion. Motion carries 5-0.

Previously, the Board wanted to make a mutually beneficial agreement with Rebecca Beaman to have Hinsdale Sand and Gravel fill the depression located at Map 6 Lot 5, in exchange for materials of equal value of the labor this would require. After some discussion it was agreed that Rebecca would put together a proposal with more exact numbers and other options to correct the depression along the roadside. The Chairman asked Rebecca Beaman if she has come up with figures for the amount of material to fill in the depression at Map 6 Lot 5.  Rebecca would like to use 5,000 yards of sandy fill to fill in the depression and other low areas to bring the grade up 18 to 24 inches. In exchange for 15,000 yards of sandy fill to compensate for spreading the material, or Rebecca Beaman will give the Town 500 yards of crushed gravel and the Town can spread the material. Then in the spring the issue of the depression holding water will be examined again to see if more fill is needed to bring it up to grade.  The Chairman would like to have an Agreement drawn up to read: the material shall be spread by December 31, 2010, and Rebecca Beaman shall have access to 15,000 yards of sandy fill until September 22, 2011.

Selectman Fraser reminds everyone that the Pickle Festival is this Saturday the 25^th, and all Board members are invited to ride in the Parade.  Everyone riding in the Parade should meet at Kulick’s parking lot at 9 AM. The Pickle Festival will run from 10 AM to 9 PM. There will be Fireworks at the ELMM Center at 8:30.

3rd Order of Business: Open to the Floor (15 minutes)

Jason Cardinale came before the Board regarding a Cease and Desist Order from the Building Inspector. The Order was issued because there are two houses on his property, and his driveway isn’t up to code.  The building inspector will not issue a Certificate of Occupancy until the utilities for the mobile home are disconnected, and Mr. Cardinale gets a letter from the Fire Chief stating that a fire truck can safely access the new home.  Mr. Cardinale would gladly disconnect all the utilities from the mobile home before the Inspection, but still had the issue of the driveway.  Mr. Cardinale showed the Board a map of the existing driveway from over 60 years ago. Mr. Cardinale who is also on the Zoning Board is puzzled as to why he would need a letter from the Fire Chief if there was already a driveway present. If a driveway permit is needed it would be required during the process of obtaining a building permit. Mr. Cardinale has had 3 building permits for this property and the driveway was never an issue. Mr. Cardinale will make any necessary changes to his driveway that may be required.  The Board would like to see the Cease and Desist Order from the Building Inspector.  Mr. Cardinale goes out to his vehicle to retrieve it.

Ken Cole came before the Board and was concerned that the Town may have a liability issue if there is a house built with such a long driveway, and that this existing driveway may previously have been a road not a driveway. The Board informed Mr. Cole that there is already a house built and that the driveway has been on this lot since the 1940’s. There area dozen or more driveways similar to this in Town, and being on a Class V Road the Town has no liability. Mr. Cole also inquired about any possible restrictions for the use of the Gary Beaman Park. Mr. Cole is concerned with children using skateboards that may damage the bricks.  The Chairman noted that the only restriction is that there are no animals allowed.

A gentleman from the Grace Christian Fellowship would like permission to hook up a sprinkler for the new church.  The Chairman told him that the Board had previously approved this. The Board would allow the sprinkler to be connected and as long as the fee had been paid and someone from the Water Department was present when the contractor taps into the water main.

Mr. Cardinale shows the Cease and Desist Order to the Board.  Chairman Tedford makes a motion to remove the driveway restriction and order Leroy Austin to do the Certificate of Occupancy inspection. Selectman Fraser seconds the motion. After some discussion Chairman Tedford withdraws his motion. Selectman Fraser makes a motion to revoke the driveway restriction, remove the Cease and Desist Order and order the Building Inspector to do the Certificate of Occupancy inspection. Selectman Sepe seconds the motion.  Motion carries 5-0.

4th Order of Business: Office Documents

• A Permit to Display Fireworks has been submitted for the Winchester Pickle Festival. Selectman Tedford makes a motion to authorize the permit. Selectman Ruth seconds the motion.  Motion carries 3-1 with 1 abstention.
• A request to withdraw funds in the amount of $5,966.24 from the Capital Reserve Bridge Reconstruction Fund has been submitted. This is to pay Hoyle, Tanner & Associates, Inc., for the Bridge project on Old Westport Road over Wheelock Brook. Selectman Gardner makes a motion to approve the withdrawal.  Selectman Ruth seconds the motion.  Motion carries 5-0.
• An Internal Transfer of funds has been submitted in the amount of $223.12 to cover August office supplies and postage for Ambulance, Police, Land Use, Executive and Finance Departments. Selectman Fraser makes a motion to approve the transfer. Selectman Gardner seconds the motion.  Motion carries 5-0.
• A purchase requisition was submitted in the amount of  $6069.60 for repair work on one of the Highway trucks.
  
  

5^th Order of Business: Other Business

Rick Meleski the Sewer Superintendent came before the Board to update them on the I & I work done on Route 10 this week. He reported that all the pipes were clean, re-lined and there were no leaks or obstructions.

6th Order of Business: Non-Public Session under RSA 91-A: 3II (a)

Selectman Fraser makes a motion to enter non-public session under (a).  Selectman Sepe seconds the motion.  A role call vote is taken and all members vote “yes”, and the Board convenes in non-public session at 8:35 PM after a 5-minute break.  

7th Order of Business: Reconvene Public Session

The Board reconvenes in public session at 8:50 PM. The non-public minutes under (a) were not sealed.

8th Order of Business: Adjournment

Selectman Ruth makes a motion to adjourn.  Selectman Sepe seconds the motion and it carries 5-0.  The meeting adjourns at

8:51 PM.

Respectfully recorded,

Shelly A. Walker

Executive Assistant