Board of Selectmen Minutes 06/30/2010
Town of Lisbon
Selectmen’s Meeting Minutes
Meeting Date: June 30, 2010
Selectmen Present: John Northrop (JN) Ruth Robar (RAR) Mike Carver (MC)
Town Administrator: Regan Pride (RP)
JN opened the meeting at 3:00 PM
JN moved to enter non-public session per RSA 91-A:3 II (c) for the purpose of discussing a legal matter, taking RP with them. MC 2nd. So voted all.
Resumed public session at 3:10pm:
RAR moved to seal the minutes of the non-public session. MC 2nd so voted all.
Ron & Ina Lippard addressed the board on the matter of the sewer line repair on their property on Jersey Avenue. Mrs. Lippard stated that she feels that the 6 conditions she outlined in a letter to the Town dated June 28 are reasonable & customary. JN stated that the Town and all contractors will have liability insurance in case of any damage, but the town will not agree to a bond or to a 36 month guarantee against trees dying. Various other details of the project were discussed. Mrs. Lippard also stated that she and Ron believe that the Town does not have claim to a prescriptive easement. Mr. Lippard requested that the town get proper easements for this sewer line and the other one crossing the back field of their property.
The Lippards also expressed their concern for the potential for contamination of their soil with sewage from the pipe during excavation. They insisted that any contaminated soil should be replaced with organic loam. MC stated that he intends to be on site during the project to ensure that the work will be done properly. Mrs. Lippard also stated that their water line is very near one of the locations that will be dug and the public works director does not realize that it is there. MC stated that any damage caused by the project will be repaired at town expense. Mr. & Mrs. Lippard related experiences from the past that lead them to distrust the town on such assurances.
RAR asked Mrs. Lippard whether a written statement by the Board that the Town will restore her property “to the extent humanly possible” would satisfy her concerns enough to grant permission to proceed. Mr. Lippard said that he would consider it, and Mr. Lippard said it would be understood to be permission and not to be construed as an easement. She was very specific on this point.
JN stated that he would like to see this issue settled because there are mobilization costs associated with the drilling company. Mrs. Lippard asked if the town would guarantee compensation for fatal root damage to their trees for 12 months instead of the 36 months originally requested. MC said he thought that seemed reasonable.
The following conditions were resolved:
· A guarantee against fatal root damage for 12 months
· It will be understood that the Lippards grant permission for the town to access their property to perform repairs and restoration, and it is not an acknowledgment of easement rights.
· The Town shall restore their property “as best as humanly possible”
Mr. Lippard stated that he wanted to see the agreement in writing before giving consent.
RP shall draft a letter tonight laying out the above conditions for review & signature by the Board.
Mr. Lippard stated that he wants it clear that the easement issue is not settled by this agreement and may still be open for future discussion. The Lippards then left the meeting.
RAR recommended that RP send the draft letter to legal counsel for review prior to signature. The Board concurred, and will reconvene on Thursday to sign the letter.
MC moved to recess until Thursday at 2:00pm. RAR 2nd. All voted in favor.
Meeting recessed at 3:55pm.
Resumed meeting at 2:00pm Thursday, July 1.
Present: JN, MC, and RP.
RP informed the board of recommendations by legal counsel pertaining to the draft letter. A revised letter was written following the recommendations made. RAR was consulted via telephone, and was in agreement with the changes. MC and JN signed the letter, and instructed RP to deliver it.
MC moved to adjourn. JN voted in favor.
Meeting adjourned at 2:45pm
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