May 24, 2012

Coordinator Report

Town Highway superintendent has issue with fences being built in the
town road right-of-way as they can interfere with sight-lines, may be
damaged by traffic and our operations and violate our deeded rights. As
well, stones, rocks, and reflective delineators are being placed by road
abutters in the right of way. I referred the matter of the new fence at
the former Bower's place / refrigerator corner to the building inspector
/ zoning enforcement agent and he has determined this a matter of
trespass against our right-of-way and not a zoning or building matter.
Our legal counsel agrees that this is a matter of preserving our
easement and not a building or zoning matter. Historically we don't pay
for damage to private property in the right-of-way such as mailboxes,
picket delineators, etc. We don't plow private property.  And folks who
have erected a fence in the right-of-way may be assuming liability for
having done so. Unless there is existing monumented evidence such as a
pin, etc., we use the center line of the road as a beginning point from
which to measure.  The highway department needs some direction in order
to proceed.

Police chief will attend to update the board.  He'd like to make the
police appointments correspond with the Town annual appointments in June
which I support. He may be ready to have you sign the agreement with the
Town of Winchester NH.

Based on an exchange of emails the resident concerned about beaver
removal is satisfied with our response. In the future Tim will advise
the police regarding beaver control activities. A permit was issued May
8, 2012 by BOH member Whiting for trapping activities on Hockanum,
Northfield, Bass, and Athol Roads.  Two beaver were taken.  The
"trapper" has eight methods to employ which include air rifle when
within 150' of a road, a shotgun when on open water, a long rifle,
traps... In the board packets are information provided by Mr. Dodge, the
licensed trapper, and by Helen Whipple who was until Monday on the BOH.

CDBG (Community Development Block Grant) matters before the board
include authorizing signoff of the final close out report by the chair. 
I'd like to discuss a possible next application and as part of that we
need to update our Community Development Plan and our Project List. 
Robin Sherman of the Housing authority wants to come and present to the
board regarding a desired contract to administer our program income
portfolio for continue housing rehab. Also she can explain changes to
the definition of program income. A few weeks ago HUD (Housing and Urban
Development) changed the threshold from $25k to $35k in a year. We could
contract where non program income came to the Town and the program
income says in the loan fund.

Helen Whipple has agreed to be acting Board of Health Agent on an
interim basis. That will give her more than one position and we should
designate the position "special municipal" and grant her the exemption
as we have for many others wearing more than one hat.  As well let's
grant the same to David Shoemaker. His second position is elected but I
propose we play it safe.

Terry has signaled his intention to retire as Treasurer by July 1. He
has indicated willingness to undertake training of a new treasurer and
proposed that we advertise for a new Assistant Treasurer who, contingent
upon successful conduct of duties, would, be promoted to be the
Treasurer.  As long as we advertise the opening clearly this meets our
personnel policy requirements and would be in the interest of the Town
by ensuring a smooth transition and increase the likelihood of an
acceptable candidate. Our legal counsel does not like this approach. His
concern is not because it is not legal or allowable but because it would
negate any claim we may make with respect to an "at will" employee,
having implied a promise. I note that our personnel policy considers all
employees in the first six months "probationary" and after that period
we may remove an employee only for cause. Terry will attend the meeting.
Please see his attached letter.

I don't have the Conservation Restriction contract for the Jay and
Manring properties nor the missing Project Vouchers for the MEMA
Halloween Storm reimbursement. Maybe by Tuesday we will have documents.

Town counsel recommends paying Bay State the contested invoice as we
were under contract, got value, I signed for the work and he says their
failure to properly advise us amounts to a separate claim for their
failure to otherwise inform us of the needed work. I reluctantly seek
reconsideration of the vote not to pay the invoice.