TOWN OF KENSINGTON
BOARD OF SELECTMEN
MEETING MINUTES
February 22, 2010
Approved March 8, 2010
In attendance: Michael Motherway, Richard Powers and Russell Perry. Called to order at 7:30 pm.
CITIZEN’S FORUM –
Mary Jane Solomon explained that the Town Wide Clean Up would be held Saturday, April 17, 2010. Due to the ongoing construction at town hall the dumpster may need to be located at the salt shed. As an incentive gift for the school children they are considering ice cream at the park. Mary Jane asked about hanging art work downstairs in the town hall. She said other towns rotate the exhibits every three months. The Selectmen granted approval for her to proceed.
Bruce Cilley inquired about the possibility of hanging flags on six foot poles along Amesbury Road. He has a donor who would be willing to purchase what would be needed. Selectmen questioned the expense of maintaining them, responsibility for erecting in the spring and removing in the fall, and storage for the winter since there is no available storage at the town hall. All agreed to discuss further at the next meeting.
DEPARTMENT HEADS:
Road Manager – David Buxton explained that the paving machine has been serviced and pot holes will be filled as soon as possible, weather permitting. He purchased four upright, lightweight, moveable, signs for traffic control. He’s discussed with Dan of Seacoast Tree the possibility of cutting some large trees in town, one of which is located on Wild Pasture Road which was discussed last year. Dave will get a quote.
Recreation Department – Kay Cardoni relayed that the Committee was nominating Marilyn Niles for membership and she would be responsible for the summer camp. Michael Motherway moved to appoint Marilyn Niles to the Recreation Committee with an expiration date of April 2011, seconded by Russell Perry with all in favor. Kay presented an update of the Recreation Committee activities, including holding the Kensington Festival on July 10th and summer camp dates of July 12, 19, 26 and Aug. 2 & 9. Minutes will hopefully be posted to the website this week. The Rec and BOS will meet again this Thur., Feb 25th at 6:30 pm.
NEW BUSINESS:
Warrant Articles – How they will appear on the ballot – Michael Motherway read the following letter from Town Counsel, which will be posted at the polls as well:
March 12, 2010
Board of Selectmen
Town of Kensington
95 Amesbury Road
Kensington, NH 03833
Re: Results of Deliberative Session &
How Warrant Articles Should Appear On Ballot
Dear Board Members:
This letter should be read aloud at your next Selectmen's meeting and should be posted at the polling place on March 9 so those residents who are familiar with what happened at the Deliberative Session will understand why the ballot is printed in the fashion it is.
The SB2 form of Town Meeting government is relatively new, given the regular form of Town Meeting was in place for over 200 years. The Legislature, in fashioning it, did not anticipate all of the possible quirks and therefore the statutes are silent about what happens under certain circumstances. There has only been one New Hampshire Supreme Court case interpreting the statute and ruling, perhaps incorrectly but nonetheless ruling, on a procedural matter.
There are several bills pending in the Legislature at present to clarify things, but at the moment, the following statutes apply, and these are what I believe to be the consequences for the ballot. These consequences have been relayed to the Town Clerk and that is why the ballot will appear the way it does.
RSA 40:13 IV(a) (the codification of what is called "SB2") states that warrant articles "whose wording is prescribed by law" cannot be amended at the first session. This is always clearly applied to zoning articles.
RSA 72:36 b used to have specific wording for the adoption of an elderly exemption, which wording was essentially echoed correctly by the warrant article. The article giving that wording has been repealed and there is no longer any such exact wording in the statutes.
RSA 40:13 IV requires that every article presented to the Deliberative Session be placed on the ballot.
The case of Grant v. Town of Barrington, 156 N.H. 807 (2008) basically ruled that the Deliberative Session could amend an article down to the words "To see" thereby essentially removing the issue from the ballot.
Harold Bragg, as Moderator, was unaware of the niceties of these distinctions. I advised the Town Clerk that the Moderator, having advised the Meeting that a "no" vote meant that the article would not appear on the ballot, misunderstood the technicalities of how the system works. But, given that the intent of the voters was clear, i.e. that these articles not appear on the ballot, that that intent should be followed, and in accordance with Grant v. Town of Barrington, the words of the articles should say "To see" or "To see if".
Very truly yours,
DONAHUE TUCKER & CIANDELLA, PLLC
Charles F. Tucker
ctucker@DTClawyers.com
Richard Powers thanked Harold Bragg for taking the position of Moderator.
Rabies Clinic – Juli Noyes, ACO, will host a rabies clinic upstairs in the town hall on Wednesday, March 3rd, from 6 to 8 pm. She will e-mail a flyer which will be posted on the web.
Hudson Heights – LOC reduction request – Chris Albert of Jones and Beach Engineering presented the request on behalf of his client, Dave Storey. He highlighted that the cistern had been a problem but it has been fixed and Fire Chief, Charles LeBlanc signed off. Christian Smith’s letter of 2/4/10 recommended the Construction Bond be reduced to the 15% contingency amount of $62,735.50 as requested. It was acknowledged that Mr. Smith also reiterated that an as-built survey plan & profile is required before any consideration of road acceptance. Richard Powers moved to accept the request for bond reduction as presented pending Planning Board approval, seconded by Russell Perry with all in favor.
OLD BUSINESS:
Town Park – Permit request for alcohol – Bruce Cilley asked about reserving fields A, B and M (Multipurpose) from noon to 7:00 pm on Thursday, June 10th. The estimate is around 125 people and they would like to serve beer and wine. The Selectmen requested he submit a Special Events permit. With regard to serving alcohol, it would need to be done through a licensed caterer. David Buxton offered to donate bricks to create a separate section for grilling; where to place it was discussed with regard to foot traffic, children and other activities. The consensus was the area near the warming hut, but the Board will discuss further. Michael Motherway moved to approve pending submission of a special events permit application, and approval of the Police Department and Fire Department, seconded by Richard Powers with all in favor.
Scheduling was discussed and an email from John Andreasse and requested dates from Gary Bonitatibus were reviewed. EJBL has requested field B. Michael Motherway was asked to coordinate the scheduling. As it appears now, it looks like all can be accommodated.
OTHER BUSINESS:
Osmun-Culver Drainage Easement – Approval and signing – Following review and discussion, the Board agreed to have Christian Smith offer his opinion since changes were made and postpone approval to the next meeting.
Intent to Cut – George, 149 Drinkwater Road – signed.
Next Meeting Date – March 8, 2010
Any other business brought before the Board
Executive Session – RSA 91-A:3, II(c) – Michael Motherway moved to go into non-public session at 9:30 pm as Welfare Officers, seconded by Russell Perry with Motherway, Powers and Perry voting in favor. Michael Motherway moved to suspend a welfare applicant’s assistance for thirty days due to non-compliance with requirements, seconded by Russell Perry with Motherway, Powers and Perry voting in favor. Michael Motherway moved to end non-public session at 9:35 pm as Welfare Officers and return to public session as Board of Selectmen, seconded by Russell Perry with Motherway, Powers and Perry voting in favor.
February 8, 2010 Board minutes – Russell Perry moved to approve the minutes of February 8, 2010, seconded by Richard Powers with all in favor.
Bills were signed.
Russell Perry moved to adjourn at 9:53 pm, seconded by Rich Powers with all in favor.
Respectfully submitted,
Denise Gregson
Administrative Assistant