TOWN OF KENSINGTON
BOARD OF SELECTMEN
MEETING MINUTES
Approved March 3, 2008
Selectmen held an Executive Session downstairs at 7:00 pm to interview applicants for the assessing office position. No decisions made.
In attendance: Richard Powers, Stefanie Johnstone and Michael Motherway. Meeting called to order at 7:40 pm.
DEPARTMENT HEADS:
Building Inspector – Bill Grant – He presented a building permit for the school kitchen, and Haynes, 258 South Road, building a new home and demolishing or removing existing home within 45 days. Bill explained that final occupancy would be contingent upon removal of existing home. Stefanie Johnstone moved to approve the two building permits as presented with the condition as stated on the permit for 258 South Road, seconded by Michael Motherway with all in favor.
Mr. Buxton said he had talked with the Doyles regarding the run-off problems. He explained there is an equalizer culvert out in front of Doyles, but the ideal situation would be to put a culvert in the right-of-way on the Doyle side of the driveway. He will start discussions with Bruce Cilley regarding what can be done on the neighboring property. He is hopeful for a positive resolution. Michael Motherway discussed some cracking in the road which David Buxton will address with John Bell.
Police Department – Not in attendance. Stefanie Johnstone explained that she would be going to the SALT Meeting on March 1, 2008 and will discuss the information regarding potential transportation solutions.
NEW BUSINESS:
Resident complaint – Unresolved run off issue – Cottage Road – discussed under Road Manager.
Tax Abatement Form – Mike and Pam Schwotzer, 49 Cottage Road, presented an abatement application for 2007. They are asking for a temporary one time adjustment to their tax base specifically due to the loss and use of their property during the season of August through October last year while they were working on the park. Mr. Schwotzer said they could not go outside, could not sit on their deck or open their windows. Construction went from 7:00 am to 7:00 pm, seven days a week. Aesthetics have gone down. Michael Motherway explained that they were trying to get as much done as possible before the winter weather settled in. Richard Powers said he was sorry this came about and they would check with legal counsel. The Selectmen offered them the opportunity to attend the Trustee Meetings and offered possible suggestions including the use of screening, etc.
OLD BUSINESS:
Debco Realty Trust – Bond reduction request – Attorney Woiccak, representing Debco Realty Trust, reiterated the request for a bond reduction. He referenced a statue that basically states that as a developer progresses and completes work on the roads, drainage, etc. and applies for a bond reduction, it will be given to him. He repeated that he came before the Board on May 7th, 2007 and requested a bond reduction which they voted to grant, subject to them getting a signed bond and Debco to sign an extension as to his performance guarantee. However, that bond reduction has yet to be implemented. They have again submitted a request which was reviewed by Christian Smith, who recommended that the bond be reduced to $144,258.00 and he said he was asking tonight for them to do that. Stefanie Johnstone replied that the bond is tied to Debco making full payment of the outstanding engineering fees. Attorney Woiccak replied that there is a dispute regarding these. Michael Motherway said that he suggested granting a reduction but not for that amount. His figure would be about $165,000 with the reason being that Debco has not wanted to address the current fire pond issue which has no confidence that it works. There are now new proposals for a third pond. Attorney Woiccak said Debco is willing to pay the engineering fees. As far as the fire ponds, fire pond two is on lot 20 and he believes there are no problems with this one. With the other fire pond, Christian Smith has recommended it be dredged and the pipe driven deeper. Mr. Nadeau is also talking about a third fire pond. Stefanie Johnstone said she’s being told that the first fire pond will not be touched or improved.
Richard Powers added that they are not opposed to reducing the bond, the issue is the amount given the variables that are being proposed. Stefanie Johnstone added that they will not reduce the bond until the engineering fees are paid in full, per Town Counsel advice. Attorney Woiccak agreed that the fees that are not being disputed should be paid, then try to resolve the remainder. He also emphasized that the lot that would have the third pond is not part of the subdivision. An easement would be given to the town. Therefore, he questioned whether the Selectmen could bond it. Michael Motherway moved to reduce the bond from $523,246.00 to $300,000.00 which reduces it by $223,246.00. Following discussion, Michael Motherway amended the motion to include contingent upon paying the engineering costs as stated or as worked out in agreement terms, seconded by Stefanie Johnstone with all in favor. Attorney Woiccak said he would talk to Christian Smith about the third fire pond and get the Fire Chief involved as well.
Michael Motherway moved to go into Executive Session at 9:32 pm for a welfare application, seconded by Stefanie Johnstone with all in favor. Michael Motherway moved to end Executive Session at 9:39, seconded by Stefanie Johnstone with all in favor.
Grange Hall – A contractor is unable to follow up with his contract. Other contractors will be consulted.
Town Park – Septic work to be done. Will need drawings and set up a park committee meeting.
Stefanie Johnstone moved to adjourn at 9:52 pm, seconded by Michael Motherway with all in favor.
Respectfully submitted,
Denise Gregson
Administrative Assistant
Minutes were done from the tape.