TOWN OF KENSINGTON
BOARD OF SELECTMEN
MEETING MINUTES
Amended and approved November 3, 2008
In attendance: Richard Powers, Stefanie Johnstone and Michael Motherway. Called to order at 7:30 pm.
Concerned Citizens Organization – To present a comprehensive policy for a chemical free Town Park, Felicia Motherway and Kristy Blundell – postponed.
DEPARTMENT HEADS:
Fire Department –Chief Charles LeBlanc reported that the ambulance is having auto chains put on which will be good for winter driving. They’ve installed high security vault boxes for the paramedics. He said he’d discussed the full time position with the department. They are concerned that they won’t have a say. The Selectmen suggested he contact Town Counsel and work it into the Warrant Article that they would have a say. Chief LeBlanc will gather statistics
Building Inspector – Bill Grant presented one permit for Tirone, 189 Amesbury Road for a 30 x 40 garage. The permit was restricted to residential use only with no electricity, heat, or plumbing applied for. David Buxton reported that the driveway pitch had been straightened out. Michael Motherway moved to accept the building permit with the restriction, seconded by Richard Powers with all in favor.
Road Manager – David Buxton – Site improvements have been done at the Salt/Highway Shed including brush cutting. He said he has samples of sand but only one price and will test before looking for more sand. With regard to the Chigas’ complaint he observed two used driveways and an abandoned driveway with stakes that don’t appear to be moved on a regular basis as he didn’t see any tire marks or other signs of use.
Recreation Department – Mary Jane Solomon explained that she isn’t sure how to
prepare the Recreation Committee’s budget for 2009. The Selectmen suggested
taking out anything relative to the Town Park or talk with the Trustees and
concentrate on activities that are planned or proposed such as special events
and trail development. The ski program and summer camp are handled through the
special revenue account. Mary Jane Solomon said she is willing to stay on as a
trustee through November. Michael Motherway moved to extend Mary Jane
Solomon’s trustee appointment through November unless they find someone else before
that time, seconded by Richard Powers with all in favor. Stefanie
Johnstone voted opposed.
Town Park – The Selectmen discussed the organic vs. chemical status. Trustees are meeting with another organic individual as the first one offered products only and this one offers service as well. A proposal will be prepared and a comparison of chemical vs. organic will then be evaluated. Richard Powers emphasized that a procedure needs to be in place that changes are brought to the Selectmen. There was discussion about where that line is and how best to define it. With regard to potentially adopting a policy for town properties, Michael Motherway said that the state statutes give the Selectmen the authority to make policy, but Stefanie Johnstone felt that more than three people should decide and recommended a warrant article be presented to the voters.
Conservation Commission – Sydnee Goddard and Rob Garneau attended reiterating the need for a code enforcement officer. Michael Motherway said possible options would be to post the position or do a warrant article. Possibilities included the Building Inspector or Fire Chief. They also presented correspondence from the NH Association of Conservation Commissions. (I have copied from their web site the following:)
In the spring of 2008, The New Hampshire Legislature
passed a bill (SB 381) that authorizes towns to contribute conservation funds
to projects sponsored by private conservation groups (such as land trusts)
without having to hold a legal interest in property. The new law resolves
a grey area in the law that had long divided municipal attorneys.
Specifically, the bill adds language to the state statute governing town
conservation commissions (RSA 36-A), authorizing them to make contributions
from their conservation funds to “qualified organizations,” for acquisitions of
property interests (fee or easement) held by the organizations, and/or
transaction costs related to these purchases. The bill also adds language
to statute declaring town expenditures to such organizations as a public
purpose because they protect the state’s natural resources. There
is also a section of the new law that specifically allows towns to purchase
property outside of the town boundaries.
Conservation Commissions who wish to have the ability to contribute to land
conservation projects without holding an interest in real estate, and/or be
able to expend funds on land outside of town boundaries need to ask their
governing bodies (again, boards of selectmen or aldermen, city or town
councils) NOW to include one or both of these warrant articles on the 2009
warrant. Please be aware that this warrant article language is specified
in the changes to RSA 36-A. If you prefer to change this language,
consult your municipal attorney or other legal counsel.
If your commission would like to have the ability to support land protection projects by giving money to a qualified organization (such as a land trust) without taking a property interest, your community will need to pass this article:
"Shall the town vote to adopt the provisions of
RSA 36-A:4-a, I(b) to authorize the conservation commission to expend funds for
contributions to 'qualified organizations' for the purchase of property
interests, or facilitating transactions related thereto, where the property
interest is to be held by the qualified organization and the town will retain
no interest in the property?"
This article must be passed by the legislative body (town meeting, town
council, city council, mayor and council, mayor and board of aldermen) after
January 1, 2009.
Why your municipality may want to take this action:
Purchasing and caring for conservation land has substantial costs in money, time and responsibility. There are times when partnering with another organization such as a land trust may be the most efficient use of your conservation dollars.
Once the article has passed:
Conservation commissions are NOT required to get governing body or town meeting approval before specific expenditures are made (unless the expenditures are for property interests outside of municipal boundaries). The law requires a public hearing before specific expenditures are made. If you are taking a property interest you will still need to get governing body approval.
If your commission would like the ability to spend money on projects that occur outside of your municipal boundaries your community will need to pass this article:
"Shall the town vote to adopt the provisions of RSA 36-A:4-a, I(a) to authorize the conservation commission to expend funds to purchase interests in land outside the boundaries of our municipality, subject to the approval of the local governing body?"
This article must be passed by the legislative body (town meeting, town
council, city council, mayor and council, mayor and board of aldermen) after
January 1, 2009.
Why your municipality may want to take this action:
Important natural resources such as drinking water supplies, aquifers, wildlife corridors, etc. often cross municipal boundaries. Working across municipal boundaries often provides the opportunity for communities to work together protect the whole resource.
Once the article has passed:
Conservation commissions are required to get approval
from the governing body (boards of selectmen or aldermen, city or town
councils) before expending funds.
SB 381 goes into effect on January 1, 2009. This means communities that
currently use conservation funds to support land conservation projects, and
wish to continue to do so, must pass the appropriate warrant article(s) in
2009. It also means that there will be a “blackout period” for some
communities between January 1, 2009 and spring town meeting when expenditures
for conservation projects that do not include the town holding an interest in
real estate will not be possible. If your commission has a pending
project any existing agreements may be completed as long as the contributions
happen before the end of 2008 or after the appropriate warrant has been passed.
Full text of the bill can be found at: http://www.gencourt.state.nh.us/legislation/2008/SB0381.html
Rob then spoke of a municipal trail system. Governing body can establish on its own. A formalized agreement can be established with the land owners with statutory protection for liability. Advantages would be continuity and the ability to regulate trail use.
Assessing Office – Betty Willoughby explained that due to the delay in setting the tax rate, there will not be enough money to pay the school bill for November. Hopefully the date will be soon. She also reported she has received numerous calls over the last few months that the rubbish truck is picking up recycling as well and mixing it with the trash. Residents are questioning the extra work involved in recycling if it doesn’t matter. Callers have been referred to Chris Batchelder. For budgeting purposes, she has found that the Supervisors of the Checklist need a lap top computer as it needs to be portable. Donna Carter has been using her own for some time, but one for the town is now needed.
NEW BUSINESS:
Kensington Equestrian Center – Tara Hinds requested permission for a temporary sign. In the spring they will present plans for a permanent sign as part of a site plan review. The Selectmen agreed to grant permission for one 4 sq. ft. maximum temporary sign until May 1, 2009.
Hudson Heights – Marina Kirsch and others requesting a portion of bond be held for hillside issues. A signed letter to the Board from the residents, abutters and neighbors of Hudson Heights was presented by Marina Kirsch, Philip Mattera and one other person essentially requesting money be held either through a bond or escrow to ensure the hillside behind the homes on lots 3-5 of the development remains stable in the future. Selectmen will consult with Town Counsel and the town’s engineer. Sydnee Goddard asked if required trees have been planted but no one was certain. David Buxton suggested having another site walk to check on the trees, current status of the hillside and future intent before the ground freezes.
Receipt of Grants – Michael Motherway moved to acknowledged and accept the following grants, seconded by Stefanie Johnstone with all in favor:
NHEP Coastal Watershed Land Protection Transaction Grant Award – To receive $6,000 to cover expenses involved in conserving Cole and Kimball properties in accordance with Warrant Article 2 at 2007 Town Meeting.
New Hampshire Radiological Emergency Response Plan and RSA 107-B – reimbursement up to $11,750 for DOT fiscal year July 1, 2008 – June 30, 2009 for costs incurred by the town associated with maintaining an emergency preparedness capability.
Confidential Attorney correspondence - Release procedure was reviewed, which is to consider the request and vote at a regularly scheduled meeting. Richard Powers moved to release the letter to Peter Kuegel, seconded by Michael Motherway with all in favor.
OLD BUSINESS:
Diane Chigas – She presented Planning Board minutes of 5/4/89 and 6/1/89 which noted the lot lines were adjusted to allow lot 3 to meet the town’s requirements. The minutes of 6/1 also read, “A motion was made to advise the Board of Selectmen that lot 20-5 merits flagging of the wetlands to insure compliance with the Wetlands Ordinance. The motion was seconded and the vote was affirmative.” Sydnee Goddard said she would check into it.
Grange Hall – Permit approval – Selectmen agreed to approve the permit contingent upon Town Counsel’s legal opinion of the insurance policy as presented.
OTHER BUSINESS:
Review of correspondence – Selectmen reviewed correspondence from an Osgood Road resident and will take the matter under advisement at this time.
Boiler replacement – Review of bids – no additional bids were received. Denise will put a request on the website, but since the weather is getting colder, the Selectmen may need to accept the bid received.
Executive Session – RSA 91-A:3, II (a) Personnel – Michael Motherway moved to go into Executive Session at 10:45 pm, seconded by Richard Powers with Johnstone, Motherway and Powers voting in favor. The Board discussed and agreed to a rate of pay and overall package for a potential new employee. Michael Motherway moved to end Executive Session at 10:55 pm, seconded by Richard Powers with Johnstone, Motherway and Powers voting in favor.
Approval of Oct. 6 & 15, 2008 meeting minutes – Michael Motherway moved to approve the minutes of October 6, 2008 as presented, seconded by Richard Powers with all in favor. The minutes of Oct. 15, 2008 were postponed.
Any other business brought before the Board – Correspondence has been received regarding signage in violation of the zoning ordinance. Letters will be mailed.
Bills were approved.
Michael Motherway moved to adjourn at 11:15 pm, seconded by Richard Powers with all in favor.
Respectfully submitted,
Denise Gregson
Administrative Assistant