Town of Langdon Selectboard
Unapproved Meeting Minutes
September 27, 2010
Present:Jay Grant, Ron Batchelder, Betty Whipple, Jennifer Doyle
Minutes Review: The minutes from the board’s September 20th meeting were accepted as written.
Libby Property: Building Inspector Everett Adams brought the board up-to-date regarding the progress being made on Deborah Libby’s house. He said that the house is framed the trusses are up and the roof is covered with a tarp. When asked, Ms. Libby informed him that she and her family were planning to leave the structure as-is for the winter. In response, the building inspector told her that without a shingled roof or other elements required by code – such as working septic, wiring and other safety issues – he would not allow her to stay in the structure, particularly since she is planning to heat by wood and a tarp plus sparks equals a recipe for disaster.
It was noted that initially Ms. Libby was given a deadline of October 31st to get work completed. However, since that deadline was imposed she has since been laid off and has very little money to continue building. There was a brief discussion regarding extending the deadline to December 1st to give her necessary time to get portions of the house completed. During the discussion it was explained that the primary concern for everyone involved is making sure that all life safety issues are addressed appropriately.
A question arose as to whether the board would be willing to permit Ms. Libby and her family to spend the impending winter in the trailer on the property. The board responded that they would have no issue with that so long as, per previous discussions, the life safety issues are taken care of. The board agreed that in October they will send Ms. Libby another letter to discuss her progress and to possibly extend her deadline to December 1st. They made it clear that they do not wish to serve her with a cease and desist order or otherwise evict her from the property, and asked Mr. Adams to convey that information to Ms. Libby directly.
Mr. Adams said he would do so, and commented that she and her family are doing everything within their power to get the house into livable condition. Although the septic is not yet working, there is running water, and the board and Mr. Adams both said they would be fine with the situation if Ms. Libby continues to keep a chemical toilet on her property until the septic can be completed. They added that they would have no issue at all with Ms. Libby temporarily hooking up the trailer to the septic and water systems if she is able to do so.
It was noted that Ms. Libby will have to find a way to heat the trailer that does not involve a woodstove, which is what she did last winter. Mr. Adams said that he would continue to closely monitor the situation and report back to the board in a couple of weeks.
Former Stratton Property: The building inspector said that he has met with the new owner, who essentially plans to finish out the proposed house for the property. Mr. Adams said he left this individual with a building permit several weeks ago, but that since the new owner lives out of state he has not yet returned it to the town.
Markham Properties: The board and Mr. Adams reviewed a letter from Fred Markham that stated that he feel he is owed a refund for the building permit he paid for that is for his Village Road property. After some discussion, it was determined that the footprint of the house on that property did not change, and it was thought that Mr. Markham may in fact be owed a refund of that particular fee.
The same letter also addressed the Hemlock Road home where he son lives. Mr. Adams said he has not issued a certificate of occupancy for that property because when he last inspected it he found multiple code violations. He said that all interaction with the family regarding inspections of this same property has been fairly hostile, and that he has received complaints from other town residents about the home being lived in while unfinished. According to a building permit for the Hemlock Road property, permission to build was granted in September 2004, with the permit expiring a year later in September 2005. There was some discussion about when the town adopted the requirement for residents to also get a certificate of occupancy.
Selectman Grant said that he would like to have a candid discussion with Mr. Markham to find out what his plans are for both properties. He said he would like to see some timelines put down on paper for the same. The board asked that a letter to Mr. Markham be drafted to address the concerns in his letter, but noted that the town has some additional research to do before anything can be formally remedied.
Conflict of Interest/Ethics Committee: The members of the Conflict of Interest Committee met with the board to discuss their recommendations for implementing a policy for the town. Richard Morrison recapped the steps that were taken in drafting the proposed policy, including adopting language from codes other towns use and consulting frequently with LocalGovernmentCenter. He noted that the committee wished to keep the proposed policy short and simple and to contain basic common sense. He also said that the draft being presented was number four or five.
It was explained that the committee spent a lot of time considering familial relationships where conflict of interest may arise. They tried to define what is “too close.” A great deal of time was also spent reviewing RSA 95:1. The law specifically discussed the competitive bid process as it pertains to people serving in office. Mr. Morrison held forth briefly on how the law is written versus how the courts interpret it. He noted as well that the penalties for violation of RSA 95:1 are criminal versus civil.
Selectman Whipple said that she thought the proposed draft is a very good start, and that it will help anyone new to town office or employment make solid, informed decisions. Selectman Grant agreed, but then digressed from the discussion to say that he thought it was said that his willingness to help clean up the pigeon mess at the municipal building had been turned into a conflict of interest issue and that he had been told he’d be turned into the county attorney. Mr. Morrison, the town’s auditor, countered, by saying that he did not tell Selectman Grant he would be turned in, only that he could be. There was further discussion about the process that led up to the awarding of the bid to Dave Barton for the project, with Selectman Grant saying that had he known that he in any way might be doing something wrong he would not have proceeded as he did.
The discussion segued to perception, and how other perceive conflicts of interest where town official are concerned. The board and committee members all agreed that the townspeople need to be brought up to date on the efforts to put a policy in place, particularly since many of them have said that they feel such a thing is absolutely warranted. Those present talked about the process of educating the town about the process of adopting the policy, and noted that its formal adoption will require a vote at town meeting. It was thought that the police/code will require a ballot vote. The town’s
attorney will be contacted regarding the same. Both the town attorney and DRA have to review all warrant articles before they can be presented to voters.
Selectman Grant said that he thinks there ought to be an annual “class” for all new town officials to review the policy. There was general agreement that the proposed policy is common sense and easy to understand. Those present said that they feel its adoption will help to move the town in a forward direction.
The board made, seconded and unanimously passed a motion in support of the committee’s recommended policy. They agreed to have the town attorney review the draft that was presented so that any changes can be made in advance of town meeting.
Cemetery Deed: Mike Fuerst was contacted regarding the status of the deed for the newest section of the upper cemetery. The town learned that he still needs information from Bruce and Ginger Cheeney to finalize the document, and so he was given their contact information.
Tenant Lease: The town’s attorney has also been contacted regarding drafting a long-term (five-year) lease for Fall Mountain Physical Therapy. There was a side discussion regarding delineating the responsibilities of the lessor versus the tenant, but with the board ultimately deciding to leave the language as-is. However, the lease will be updated to address rent increases as they are tied to the recognized indices for the same. The town will update Mr. Fuerst so that the lease will contain the appropriate information, as well as contain a clause for a review at the midpoint of the lease term.
Workman’s Comp: It was noted that last week, while Kevin Beal was assisting the road agent with cutting pavement for a project, that he was struck in the eye by a rock that went under his safety glasses. Selectman Grant said he was approached by Mr. Beal regarding the accident, and that together they found Road Agent Porter, who treated Mr. Beal’s eye with wash and ointment. It was noted that in a case like this, the town has 72 hours to file an incident report, so that if the injured party needs to go to the doctor the visit will be covered. All present agreed that the town needs to get some forms on hand at the highway garage, and that there needs to be an educational process for all parties. It was explained that all town officers and employees are covered under the town’s workman’s comp policy.
The meeting adjourned at 9:25 p.m.
Respectfully submitted,
Jennifer Doyle
Recorder