Select Board Meeting Minutes - April 2, 2007

Lincoln Board of Selectmen Meeting Minutes April 2, 2007 5:06 pm Present: Chair Deanna Huot, Selectman Peter Moore, Selectman Patricia McTeague, Town Manager Ted Sutton, Recording Secretary Susan Chenard Audience members: Wilfred Bishop, Charlie Cook, Lutz Wallem Approval of public meeting minutes of March 19, 2007: A motion was made by Selectman Moore, seconded by Selectman McTeague, to approve the public meeting minutes of March 19, 2007. Routine Business ? Review of Lincoln levee meeting - Town Manager Sutton gave a brief review of last weeks meeting with FEMA, the Army Corps of Engineers and several NH agencies. The Army Corps still requests that we fix the existing levee. To meet the deadline of May 1st, we must send them a plan as first step, then move forward with funding to repair the levee. Town Manager Sutton has a quote of $30,000 from one engineer, and is waiting on two other quotes. He requested the Board decide if we want to hire someone to do this engineering study, now that we know that the levee will not meet the 100-year flood plain level even if it is repaired to current Army Corps of Engineers standards. Steve LaFrance still feels FEMA needs more updated info, but FEMA says the whole levee must be built up another 5 feet to meet the new 100-year flood plain level that FEMA has established. Some current options for the town would therefore be: 1. Leave the levee as it is and let the Army Corps certification lapse, which means any major destruction of the levee because of flood damage would not be partially funded by the Army Corps. The Corps didn't help us with the flood of 1995, so we are not sure why we should keep up our certification with the Corps. 2. Spend around $30,000 to start the process, and leave it up to the townspeople at the next Town Meeting as to if they want to rebuild the existing levee. The repair of the existing levee will not meet FEMA's new 100-year flood regulations. 3. Rebuild the entire levee 5 feet higher than the existing levee, so that it will meet new FEMA regulations, thereby having adjoining properties be removed from the 100-year flood plain. Town Manager Sutton has spoken with Bob Matheson, our State Representative, who will discuss this issue with Congressman Paul Hodes tonight, thereby getting every congressional delegate involved. There is another option whereby we could try to get congressional approval to fund completely rebuilding the levee, which would pay a 65% portion of the rebuilding of a new levee, but was a long-shot at best. We are also still waiting on FEMA to complete their flood plain mapping. However, people that were protected by the existing levee would definitely need to buy flood insurance because FEMA's new mapping will act as if the levee is not there. Chairman Huot felt our responsibility is to the tax payers. The Selectmen in 1960 made a commitment to maintain that levee, and she feels we should at least do the engineering contingency, and take that info to the townspeople. Selectman Moore felt it was a big gamble to spend $30,000 that would not change anything or fix the levee, thereby not solving the flood plain issue. Town Manager Sutton distributed some pictures of the crib dam below the levee, which were provided with a list of deficiencies by the Army Corps. Selectman Moore said if we repair the existing levee, the Corps would certify the levee, but FEMA would still require the owners to have flood insurance. Chairman Huot mentioned that owners should be told that they need to buy flood insurance now, at a lower cost, before the area is remapped by FEMA, to keep FEMA's low-cost option. FEMA is working on new quotes for condos and single-family homes. Selectman Moore said the levee has been protecting the homeowners for many years, even during the 1995 flood, and will continue to protect them for many more years, even without any repair to the levee. Town Manager Sutton agreed that the debris at the west end of the levee is not our responsibility. Another option was discussed, whereby engineers could help us decide if we wanted to just stabilize the levee, though not to the Army Corps standards. Selectman McTeague said we need to find out what the cost would be to patch the levee, but not to bring the levee to Corps standards or FEMA standards. Selectman Moore believes that the Rapids own the crib dam and the levee is on the edge of that dam. He also wondered if maybe we can have the Rapids fix their portion. Chairman Huot asked for audience participation at this point. Lutz Wallem suggested getting a good lawyer and having that lawyer ask for an extension. Steve LaFrance told FEMA that things changed in the river. Maybe we can explain to the Corps that we're waiting for FEMA to finalize their mapping. Town Manager Sutton felt these were good ideas, and we should write the maintenance deficiency correction plan ourselves, and submit it to the Army Corps of Engineers before the May 1st deadline. Charlie Cook felt it was a complex issue. He felt there was still an ownership question. The Rapids' developers own what part of the levee, where does it say that? Charlie Cook feels spending money to bring the levee back to 50-year levels doesn't make sense, but also agrees that we need to get info for all 3 options. He felt we shouldn't worry about maintaining Corps certification, as they didn't help us in the 1995 flood and we cannot meet FEMA standards so we should just do a patch job on the levee. Rebuilding the levee completely will probably cost $10 million. Charlie Cook felt we should just have engineers get an analysis on fixing just what's broken (i.e. look for a cost to patch it). Lutz Wallem wondered if, when ownership changed, or purpose changed, maybe the responsibility level of the town changed as well. Town Manager Sutton had told Steve Lafrance that the Rapids development will have to build to anticipated FEMA flood standard maps which show their development is partially in the floodplain. It was agreed the Town should send a maintenance deficiency correction plan to the Army Corps, and explain the unknowns of FEMA mapping, the question of levee ownership, not being able to appropriate this money at this time, and that we haven't asked the taxpayers if they want us to spend $30,000 on something we're unsure will fix the issue. Selectman McTeague asked about the merit to getting cost estimates of the repair not to Corps standards. Town Manager Sutton does have someone giving us a proposal to repair the damaged area of the levee. Chairman Huot did mention it seemed the Corps would take a simpler plan by May 1 than answering every point on the maintenance deficiency correction plan. Selectman Moore would vote against spending the $30,000 now. Chairman Huot suggested we see if we can develop a plan that isn't a full plan, which Town Manager Sutton said we could do by the end of the week. Charlie Cook offered his help in any way he could, which Town Manager Sutton appreciated and will take advantage of. ? Review of sewer lagoon levee - Town Manager Sutton doesn't have enough info as yet, but in talking with Elizabeth Wiener from FEMA, we will need to certify the sewer lagoons levee too. We do have funds in the sewer tap fees account to pay for the engineering and certifying of the sewer lagoons levee. ? Review of PTO policies - Town Manager Sutton distributed a memo with suggested wording changes he feels are needed to change the wording to separate vacation and holiday PTO and make clear how an employee would be repaid on termination for these and sick leave. Our manual says there is a 40-day limit on sick leave. Charlie Cook suggested employees can accrue as many days as possible, but to limit or cancel the number of days employees would be paid for upon termination. Also, this method allows for donation of sick days from other employees. Town Manager Sutton will discuss this at the employee meeting on Thursday and he will re-write the termination clause for the next Board of Selectmen meeting. Other business Tax Liens - Town Manager Sutton said Tax Collector Susan Whitman is preparing for the 2006 tax lien on unpaid properties. As of March 30th, $226,951 for 2006 taxes has not been collected from 160 tax lien properties, or 86 actual taxpayers. Impending lien notices were mailed March 30th. Tax lien is scheduled for May 9th. Actual tax deed for those liens would not be recorded until the tax deed deadline two years from the 10th of May, 2007. Most are paid before that time. Community Building Trust Fund - Town Manager Sutton spoke to Jamie Dow from DRA and Terry Knowles from the justice department, and it turns out we can accept donations from private sources and put them in a trust fund, which Charlie Cook oversees. We would only need to separate privately donated and community-appropriated funds. The Town can spend private funds during the course of a year. Terry Knowles will send us an email to explain in detail. Free Paint - Town Manager Sutton explained that Aubochon Hardware had called to say that if anyone buys 3 gallons or more of paint from the 1st of April to the 1st of July, the Town of Lincoln, will receive a ½ gallon free. So encourage everyone to buy paint, and we could reduce the cost of painting the library! SRO Officer - Town Manager Sutton said that at the SRO officer meeting it was agreed that we would let the candidate work with the kids in the school and observe. Fire - Town Manager Sutton reported the mill fire we had was due to unattended fire used for burning brush the day before. Tubing death - Town Manager Sutton noted a fatality at Loon Mountain's tubing park on Saturday night. School Meeting - Chairman Huot mentioned a Friday, April 6th meeting at the Lin-Wood School. Town Manager Sutton and Selectman McTeague will attend. Robbery - Selectman McTeague asked about a robbery at the Kancamagus Country Store at 1am this weekend. Town Manager Sutton said that the Police Chief had explained it was supposedly an armed robbery. The robber had a cover over his hand, claimed there was a gun under it, and demanded all money in cash drawer. He was given all the money and ran out of the store. Lyman Construction Company - Selectman Moore confirmed that Lyman was all paid up for the Route 3 project. He asked if Lyman Construction Company will be the contractor for Pleasant Street. He also asked if the turnaround at the end of Pleasant Street had been settled with the Lin-Wood School. Town Manager Sutton responded that he is working on the Mylar and deed for the right-of-way. Bill Willey had flagged the area and that Paul Rand from the Lin-Wood School Board will have to review the plans and the site location before the final documents. Community Center - Chairman Huot asked if a meeting had been scheduled for the community center. Town Manager Sutton responded that it had not, and also mentioned that we shouldn't use the ball field till after it's been mowed, which should happen the 2nd week of May or so. Local Officials Workshop - Secretary Chenard reminded the Board that Workshops for Local Officials would be held at the Lincoln Town Hall in April and May. Elderly Exemption - Secretary Chenard brought up an Elderly Exemption for Rosilda Welsh. She was looking to transfer it from her School Street property to her new house off East Spur. Selectman Moore made the motion to approve the elderly exemption for Rosilda Welsh, which Selectman McTeague seconded. Vote was unanimous. Centex Agenda - Town Manager Sutton described the latest Centex agenda for Riverside 8-22. This is based on the new plan of action for developers working with the Planning Board. He had received many good comments after last week's meeting. SAFER Grant - Town Manager Sutton asked the Board to review the information he had distributed at the last meeting regarding the Fire Department Grant. Centex said they would assist in writing the grant. Town Manager Sutton would like input from the Board by end of the week. Public Participation Charlie Cook commented that the planning board would be seeing plans for first time on the day of the meeting with this new plan. It would be nice if they saw the plans beforehand. So next week, Town Manager Sutton, or the engineers, should show the plans to the Planning Board on April 11th in preparation for the April 25th meeting. Town Manager Sutton also pointed out that on 25th no decision was necessary. Wilfred Bishop seconded Lutz Wallem's point regarding getting a good lawyer who is versed on levee issues. He was also looking for pictures of the levees. Mr. Sutton left at 7:10 pm and the meeting was adjourned. The Selectboard then reviewed payroll and accounts payable check registers for the week ending 04/01/07. Approved by: Chair Deanna L. Huot, Selectman Peter E. Moore, Selectman R. Patricia McTeague