TOWN OF KENSINGTON
BOARD OF SELECTMEN
MEETING MINUTES
April 20, 2009
Approved May 4, 2009
In attendance: Michael Motherway, Richard Powers and Russell Perry. Called to order at 7:30 pm.
DEPARTMENT HEADS:
Road Manager – Mr. Buxton reported he met with residents of Rose Petal Lane and the detention pond has issues. He will be getting costs for cleaning it out.
He contacted three vendors regarding brush chipping and should have the results by the next meeting.
Richard Powers commented on Hudson Heights, stating that the construction done the last 12 months was reviewed at a site meeting with Christian Smith, representatives of the developer, residents and David Buxton. Touch up work needs to be done and some site work. Vegetation has started and Christian Smith will be sending a report to the town, contractors and residents. On a good note, he added, contaminated water had been making its way to Winkley Brook, but with the work done last fall it is now clean.
Police Department – Chief Wayne Sheehan – comment on Justice Assistance Grant – Chief Sheehan passed out a memo to all in attendance. He read that “Our community has qualified for federal grant funds in the amount of $17,307.00…The Rockingham County Sheriff’s Department will serve as the fiscal agent. The Portsmouth Police Department will serve as the agency coordinating all the paperwork (M.O.U. ((memorandum of understanding)) and grant applications) that is submitted to the federal government. The R.C.S.D. will receive a 5% administrative fee from each participating agency to serve as fiscal agent. Our community will receive a subsequent total of $16,441.65 in grant funds. I propose the following projects be completed with the grant funding;
1. Generator for Town hall & Police Department: $6,800.00
2. Upgrade cruiser laptops to utilize S.P.O.T.S.: $5,500.00
3. R.A.D. (Rape Aggression Defense) training equipment: $2,300.00
Not included in this memo but eligible for coverage with grant funds are salary and overtime associated with the R.A.D. training programs, as well as recurring fees/expenses associated with the generator and laptop upgrades during the grant funding period.” He added that the application must be submitted by the end of the month.
The public was invited to comment. Resident suggestions included using the money for a public safety sign, and sharing R.A.D. equipment with other towns. Per RSA 31:95-b a public hearing will need to be held to accept the funds as they are considered “unanticipated”. Michael Motherway moved to support Chief Sheehan to go ahead with the grant application, seconded by Richard Powers with all in favor.
Chief Sheehan added that at a recent SALT meeting, residents requested greater access to Board minutes and to utilize Exeter Newsletter and Carriage Towne news as advertising outlets. The Selectmen agreed to take the issue under advisement. Michael Motherway added that the library is requesting copies of the tapes. He will check further as this could conflict with the current policy.
With regard to an Osgood Road complaint previously received, Chief Sheehan explained that it was two part: 1) landscaping issues which does not fall under his department; and 2) noise and traffic. The owner agreed to pay for and erect signs warning of children and he spoke with the resident who submitted the complaint and feels it’s all set. He will follow up with a letter regarding resolution to the noise and traffic.
Assessing Office – Kathleen Felch and Betty Willoughby presented one current use application for Mark Lopez, 285 South Road requesting fourteen acres be place in current use. Richard Powers moved to approve the application, seconded by Russell Perry with all in favor. Kathy presented seven veterans’ credit applications of which five qualified and two did not. Avitar Associates of NE, Inc., reviewed and commented on eleven abatements. The Selectmen concurred with their reviews and signed seven denials and three refunds. The last one, recommended for a refund, needed further verification and was tabled.
NEW BUSINESS: None
OLD BUSINESS:
Frying Pan Lane – Michael Motherway explained that the town can put gates up but cannot lock them or prevent travel, thus boulders cannot be placed either. The gates can be done by the town or a private resident. He referenced a court case “Hinsdale v Chesterfield”, information he received from legal counsel at LGC, that while not the same illustrates the issues with restricting vehicle travel. As a result of the findings, Michael Motherway moved not to put boulders in the middle of the road, seconded by Russell Perry with all in favor. Michael Motherway said he was okay with putting up a gate, but cost is the issue since they are working with a default budget. Stan and Janet Buxton commented that they only want to see the dumping stop, but did not want to pay for the gate. Based on information regarding Hampton Falls, Michael Motherway moved for the town to put up one gate, pending Hampton Falls putting up a gate and getting a reasonable price on it, seconded by Russell Perry with all in favor. Mike added that if residents want it made into a trail, it will have to be place on the warrant for a Town Meeting vote.
Town Park – Michael Motherway addressed the issues of complaints and frustrations as roles are not clearly defined. He reviewed the basic structure which is that the park belongs to the residents, the Trust does ongoing care and maintenance and the Recreation Committee facilitates use of the park, including scheduling, keys, reserved signs, etc. Currently the Recreation Committee is lacking members, thus he asked all to consider working on/with the Recreation Committee regardless of the Board they may currently be on. It was agreed to have guidelines for rec volunteers before the next Selectmen’s meeting.
Resident Andy White suggested they complete the process of putting policies in place and recommended they use existing policies as templates. Michael Motherway and Michael Del Sesto discussed the concession stand and intricacies involved in running it. Michael Motherway said he felt it belongs to the town and expenses and revenue should be through the town, which creates transparent accounting with clear explanations and is good for budgeting. He added that this would also help to start mapping out what the town is supporting and what the extra is that the Trust is supporting through fund raising, etc. He also expressed concerns regarding insurance liability if run through the Trust. Michael Del Sesto and Bruce Cilley explained the complexities involved in using the equipment and maintaining supplies, which he and Bruce take care of currently.
Dorothy Milbury asked questions regarding her application for use of the park on Sunday, May 17th from 1 pm to 5 pm for a family graduation, which included use of the concession stand, logistics of having alcohol and obtaining adequate insurance. Michael Motherway moved to approve her application subject to getting the questions answered, seconded by Russell Perry with all in favor.
The Selectmen and Trustees agreed to hold a joint meeting at the Park on Thurs, April 23 rd, at 6:30 pm. Anyone interested in joining the Rec is welcome to attend as they will be discussing redefining the roles for Rec, policies of the park and how it will operate and how best to monitor performance.
Michael Motherway moved to remove the words “playground” as this cannot be reserved and “adult baseball field” as it doesn’t satisfy regulations due to being dirt from the application, seconded by Russell Perry with all in favor. Michael Motherway moved to approve the Johanna Kimball application for a birthday party on Sat., May 16th, seconded by Russell Perry with all in favor.
Road reconstruction – John Bell attended at the request of the Selectmen to discuss costs. In a hand out distributed to Board members he detailed the volatility of the market and wrote, “…in an attempt to provide price stability (at the lowest possible price!) it should again prove beneficial to the Town of Kensington to extend the current contract for road reconstruction services including paving and to complete the work prior to mid-July similarly to last year…after extensive negotiations with our suppliers Bell & Flynn, Inc. is currently able to guarantee pricing for all paving services completed prior to July 12, 2009, thereby securing pricing indexed to the NHDOT. Bell & Flynn is pleased to be able at this time to offer to extend the current contract for road reconstruction services with the following modification upon mutual agreement by the Town of Kensington:
Thus Unit Price of Pay Item #1, “Bituminous Concrete Paving”, per ton, in place, per Project Manual and Specification, shall be $73.50 per ton. All other terms, conditions, and prices including pavement reclamation, fine grading and compaction, and installation of additional asphalt stabilized base material shall remain unchanged.” Richard Powers moved to extend the contract, seconded by Russell Perry with all in favor. Mr. Bell recommended crack sealing (he added that they don’t provide this service) and overlay for roads reconstructed over the last five years. David Buxton commented on Moulton Ridge stating that he’s aware aesthetics is an issue, but 16 feet would be a minimum of pavement due to the crown and if it can’t be reconstructed properly than he doesn’t feel there is any point in doing it. He has looked at the town’s portion of North Rd, and feels this can be filled and hot topped with the grader. He said he would bring his proposal to the next meeting and discuss the drainage on Moulton Ridge Rd.
Kensington Place – Three residents attended and the Board explained that they were closer to working out solutions and may have a resolution for the fire pond. Mr. Giroux said that trucks were moving dirt and the consensus was that this may be prep work for the fire pond. Richard Powers said he would check tomorrow.
OTHER BUSINESS:
IPM Grant – Michael Motherway said work would begin tomorrow on the town hall lawn area and the parking area across the street. Speakers will be available throughout the day.
Handicap Walkway – The Board asked to have Bill Grant determine the pitch. This will give the Board a better idea of which options are available.
Intent to Excavate – Felch – signed.
Historical Society – request for approval to seek a grant to restore the old school house – Michael Motherway moved to approve their pursuit of grants, seconded by Richard Powers with all in favor.
Next Meeting Date – May 4, 2009
Approval of April 6, 2009 meeting minutes – Michael Motherway moved to approve the minutes of April 6, 2009, seconded by Richard Powers with all in favor.
Any other business brought before the Board – Richard Powers moved to go into Executive Session at 10:47 pm, seconded by Russell Perry with Powers, Motherway and Perry voting in favor. A legal document seeking a Petition for Ex Parte Attachment and Trustee Process, prepared by counsel, was reviewed for approval and signing. Michael Motherway moved to approve signing this document, seconded by Russell Perry with Powers, Motherway and Perry voting in favor. Richard Powers moved to end Executive Session at 10:54 pm, seconded by Russell Perry with Powers, Motherway and Perry voting in favor.
Michael Motherway moved to adjourn at 10:55 pm, seconded by Rich Powers with all in favor.
Respectfully submitted,
Denise Gregson
Administrative Assistant