TOWN OF CHARLESTOWN
SELECTBOARD MEETING
FEBRUARY 16, 2005
Selectboard Present: Steven Neill, Brenda Ferland, Jon LeClair
Staff Present: David Edkins, Administrative Assistant
Keith Weed, Highway Superintendent
CALL TO ORDER & PLEDGE OF ALLEGIANCE: Chairman Steven Neill called the meeting to order at 7:00 P.M. and the Pledge of Allegiance was recited.
PUBLIC HEARING – Petition to Lay Out Great Country Road as a Class V Town-Maintained Highway (cont’d. from Jan 19, 2005): Victor St. Pierre displayed a blown-up plan for the section of the proposed road. It is 621 feet to his property line and 22 feet wide paved between the curbs. It has a closed drainage system so none of the water goes to the sides. The perc rate is 1” per minute so the dry well system will work well and take away the need for ditches. They have been able to design a comprehensive road on a 33’ wide right-of-way. There are a lot of 33’ wide roads in town such as the Old Claremont Road and Calavant Hill that have substantial development on them. Sullivan Street just got the new sidewalks, it was tight, and the water and sewer
are all in the right-of-way. It does work if it is well planned. He talked with the Sawchik’s and they like the design. The road is away from their house as much as it can be and leaves their trees as hedges. This 660’ section proposed for up-grade is the big issue. The other roads in the development have 50’ rights-of-way. Great Country Road is an existing Class VI town road and all of it will be upgraded. He hopes that the Selectboard will vote to approve this design.
Jon LeClair questioned Albert St. Pierre. During the last meeting he mentioned the Dwyer property and that they could not get a second egress. Albert St. Pierre said it was the property by Mary Gray. Dave Edkins asked if Victor St. Pierre stated that the closed system would go into the State culvert system. Victor St. Pierre responded that the over-flow would go over into the State’s system; he will have to get a state Site Specific Permit for the project. It was designed for a 25-year storm and the State was comfortable with that but he is waiting for a decision from the Town.
Albert St. Pierre made mention of a letter dated February 14, 2005, from Tim St. Pierre on behalf of St. Pierre, Inc. to outline all of the reasons why this road should not be approved. They feel that this should not even have made it past the Planning Board. St. Pierre, Inc. owns the piece of property that most of the road is on. Steve Neill noted that this letter came in today and he has not had a chance to read it. Dave Edkins said this letter was delivered to him late this afternoon by Tim St. Pierre and it was written prior to a discussion between him and Victor St. Pierre. Some progress may have been made toward an agreement but there is no agreement yet. Tim St. Pierre raises three points including the fact that he feels the Great Country Road is not the same road as laid
out in 1784 as a 2-rod road. With regard to taking this back to the Planning Board, they did do their job but the outstanding issue is whether or not the Great Country Road can be up-graded to a Class V road and that is a Selectboard decision. If the Selectboard decides that it cannot be upgraded then the Planning Board approval is moot at that point. There is an
Appeal process for the Planning Board. St. Pierre, Inc. also expresses concern that they were not notified as an abutter to the subdivision but Dave Edkins feels they are not an abutter to the subdivision. They are an abutter to the section of road to be up-graded and they were notified of those proceedings. The question before the Selectboard is should Victor St. Pierre’s petition to upgrade the Great Country Road from a Class VI to Class V status be granted. There are some other sub-issues such as the width of the road and is St. Pierre, Inc. entitled to some compensation. There are conflicting claims.
Brenda Ferland feels that because we have other roads that do not meet the 33’ width, with improvements she is inclined to approve this request. This Board needs to start making some conclusions and she will not insist on the 50’ right-of-way.
Jon LeClair would like to see a 50’ right-of-way but if this is a Class VI road going into this area it does not qualify to justify the 50’ right-of-way because that road is already there and with a new development off Route 12 that would be required. He could forego 50 feet with the 2-rod right-of-way through there.
Steve Neill asked if St. Pierre, Inc. and Victor St. Pierre could come to some agreement. Albert St. Pierre noted that Victor St. Pierre knows the price that he can buy it for. Victor St. Pierre offered them a fair price of $3,500 for the parcel that he does not believe St. Pierre, Inc. owns. The Town has the encumbered rights back to 1784 and in 1988 they did some research on the fact that it is a town road before he built his house there. The price St. Pierre, Inc. wants has nothing to do with the road but it is family spite. Albert St. Pierre requested that the letter be read into the record. Dave Edkins advised that in 1988 the Selectboard and Planning Board acknowledged that it was a Class VI road but it was not being contested then, now it is. He noted the letter from St.
Pierre, Inc. gives a number of examples where they feel the documentation provided by Victor St. Pierre is inconclusive at best; some points are very good. There are value issues. The strip of land is being claimed by St. Pierre, Inc.; it does show up on the tax maps as a separate strip of land but it was never recognized as a separate lot of record that was taxable to anyone but it is clearly on the tax map. The most recent subdivision shows it is a 35’ piece of land that was intended for future access but its ownership was never passed on to anybody else. On that basis we may need to look at assessing it as a taxable parcel and the Town’s assessors are looking at that now.
Brenda Ferland feels that if nobody has been paying taxes on it then nobody claimed ownership. Dave Edkins said that is debatable. Victor St. Pierre feels he provided the burden of proof and reviewed some of the documentation, including statements from surveyors, submitted at the previous Public Hearing. Dave Edkins said the exact location of the original road is not clear and now the Selectboard is being asked to lay it out in a specific location. It seems that some of those property owners may be liable for some damages as private property is involved. Brenda Ferland asked if some of the other property owners that abut this strip of land have made any claim? Is anybody else disputing the location of that road? Dave Edkins responded “not to his knowledge”.
Albert St. Pierre referred to No. 8 in their letter: David O’Hara – “If St. Pierre has not deeded the strip…, title should still remain with St. Pierre, Inc.” and No. 9 in their letter: William Fitzgerald – “There was no specific layout (bearings and distances) found…because no specific layout was found it is not possible to layout the exact location of Great Country Road” “it does appear that St. Pierre, Inc. owns a 50 foot wide strip. Who has access rights I don’t know.” Victor St. Pierre responded that when roads were laid out in the 1700s they did lay them out but did not own the land but rather encumbered it. The abutters owned to the centerline but with the ability to cross.
Steve Neill would like to adjourn this Public Hearing for two weeks to allow time to review the letter and for the negotiations to continue. If the Selectboard were to make a decision tonight it would put the two parties more at odds but he would like to see more negotiations. Brenda Ferland is willing to defer making a decision one more time. Jon LeClair agreed.
Nancy St. Pierre noted that St. Pierre, Inc. has not paid taxes on this strip of land since 1979 and that, in itself, raises a question as to who owns the property. Dave Edkins said they have never paid taxes because the Town never sent them a bill. It was left unclear as to the disposition of that strip of land but it appears it was retained by St. Pierre, Inc. for future access.
Brenda Ferland moved to continue this Public Hearing until the March 2nd, 2005, meeting at 7:00 P.M. Jon LeClair seconded the motion. All in favor, the motion carried.
Steve Neill closed the Public Hearing at 7:45 P.M.
MINUTES OF PREVIOUS MEETING(S):
Jon LeClair moved to approve the Minutes of the regular Selectboard meeting of February 2, 2005, as printed. Brenda Ferland seconded the motion. Steve Neill abstained, as he was not present. Jon LeClair and Brenda Ferland were in favor, the motion carried.
Jon LeClair moved to approve the Minutes of the Nonpublic Selectboard meeting of February 2, 2005, as printed. Brenda Ferland seconded the motion. Steve Neill abstained, as he was not present. Jon LeClair and Brenda Ferland were in favor, the motion carried.
DEPARTMENT HEAD REPORTS:
Highway Department: Keith Weed reported that printouts of manpower, equipment and materials used were submitted on the last two storms. He is looking to post the dirt roads for 6ton limits for mud season but requested changing the location of some signs to the bottom of the hills. Some tar roads will also be involved. If approved, the Highway Department will start to post the signs tomorrow at 4:00 am. Steve Neill does not have a problem with the plan as submitted because the Town has to protect its roads. Enforcement will be at the discretion of the Highway Department depending on the weather and road conditions. In the future Keith Weed will have a written agreement when exceptions are requested. He advised that people providing a service should not be stopped.
There was discussion regarding the fact that some towns make no exceptions. The Selectboard approved having the roads posted starting tomorrow morning to take effect on Monday, February 21st and there would be no exceptions other than for necessities. Pat Royce will send the notice to the newspapers; a copy will be given to the Police Chief for enforcement.
Some limbs were taken care of on the Borough Road. They cleaned out a swale and some ditches in anticipation of the rain today. Keith Weed will meet Judy Baraly regarding the proposed signs on her Main Street building to make sure there is sufficient clearance for taking care of the sidewalk.
Solid Waste Facility: Jon LeClair advised that the only time-line item is a request for mandatory corrugated cardboard recycling to begin on April 1st and to increase the tipping fees to $95/ton. Dave Edkins noted that the Selectboard usually holds hearings regarding fee changes after Town Meeting. Steve Neill asked Jon LeClair to submit a written plan on the cardboard and the Selectboard can act on it at the next meeting. Dave Edkins will start to work on the department requests for fee changes. The Town should make sure that the revenues are covering the expenses.
PUBLIC COMMENT:
Taxes: Tim O’Hearne asked if there are other tracts of land that are owned but on which no one is paying taxes? Dave Edkins said he is only aware of one more tract on the Connecticut Heights Road but the Town is waiting for three years of unpaid taxes to act on that one.
SELECTBOARD COMMENT:
There were no Selectboard comments made at this meeting.
OLD BUSINESS:
Bushway Property: Steve Neill mentioned that the Selectboard should make a decision on Mr. Bushway’s property. Dave Edkins suggested that the Selectboard wait until the next meeting when Dave Duquette is present.
Dental Insurance: Dave Edkins reported that they came to the conclusion that the employees would be better off to stay with the school district’s dental program. It can be done two ways. The question is whether to pay the school district a set premium for the employees/families on a monthly basis or the other option that Steve Varone offered is that he would bill the Town every six months for the claims that are actually filed. One of the benefits of the second option is that if the Town received more in premiums from the employees and the addition of the Town’s share we might be able to accumulate monies and establish a Reserve Fund or refunds could be made to the employees. Steve Neill feels the billing cycle needs to coordinate with the Town’s calendar year and
next year the Selectboard could look at a Warrant Article to set up a Reserve Fund. The Selectboard agreed to pay as we go and to set it up so it works for Pat Royce.
Water and Sewer: Steve Neill said there are two requests for water and sewer refunds. Dave Edkins will take care of them in accordance with the Town’s established policy.
Children: Dave Edkins said there are a couple of cases of children who attend school at the Town’s expense but are not residents of the Town. The Selectboard agreed to have Dave Edkins start collection proceedings for education services from the parents. He will discuss this with Attorney Adele Fulton.
FINANCIAL ADMINISTRATION – Payroll, Purchase Orders, Vouchers, Warrants, Abatements, Etc.: The Payroll and Check Vouchers were approved and signed.
Purchase Orders: The Selectboard approved and signed the following Purchase Orders: 1) Fire Department –S.G. Reed in Claremont $783.29; 2) Fire Department –Vermont Fire Training Counsel – training for one employee $495.00; 3) Ambulance – Zoll Medical Corporation for a defibrillator service contract $2,903.60; 4) Highway –B.D. Chain $470.00; 5) Highway –Power Plan Nortrax $466.50; 6) Highway –S.G. Reed $811.17; 7) Ambulance –Moore Medical for a CPR training package $387.30; 8) Transfer Station –PAP $450.00; 9) Water –for installations- USA Blue Book $564.14; 10) Police -Whitehouse Auto $1,921.42. The cruiser was in an accident but it is being repaid by the other insurance carrier; and 11) Old Town Hall - Twin Valley Heating $404.34.
Dave Edkins noted that usually the Town’s policy and the whole concept of municipal budgeting is that during this 2-1/2 months when the Town doesn’t have a budget the departments cannot spend money except for the basic operating expenses.
Current Use: The Selectboard approved and signed a Land Use Change assessment in the amount of $2,300.00 on the Meany Road.
Abatements: The Selectboard approved and signed an abatement in the amount of $35,839.65 for back taxes on a commercial piece of property that was not taken by deed. The property is now involved under the Brownfields Program. Dave Edkins noted that there is a letter attached explaining the situation because the Selectboard agreed to do this back in 1999.
Notices of Intent to Cut Timber: The Selectboard approved and signed three notices of Intent to Cut Timber Cut on the Meany Road, Borough Road and Old Cheshire Turnpike.
Miscellaneous Documents: Steve Neill, as Chairman of the Selectboard, signed the Municipal Tax Lien Mortgage Research and Notification agreement. He also signed an agreement with Maximas for the Capital Asset Management system required by GASB 34.
APPOINTMENTS, PERMITS, LICENSES, & RESOLUTIONS:
Patch Park: The Selectboard approved and signed a Liquor Use Permit for Patch Park on July 30, 2005, for a 50th Year Class reunion.
CORRESPONDENCE:
There was no additional correspondence at this meeting.
ADMINISTRATIVE ASSISTANT’S REPORT:
Dave Edkins requested a brief nonpublic session to discuss litigation.
COMMITTEE REPORTS:
Conservation Commission – Jon LeClair: Jon LeClair reported that there was a meeting of the Conservation Commission last Monday night but he was unable to attend.
CEDA – Brenda Ferland: Brenda Ferland advised that CEDA met last week. Mr. Weaver and Brenda Ferland took a look at some proposed covenants for the Gristmill project. They felt that the covenants from Claremont were excessive so decided that they would stick with what they have, adding a couple of Claremont passages. Mr. Edkins talked with Bob Weaver and CEDA would like to discuss taking some space on the Town’s internet site page and they are working on it.
Heritage Commission – Brenda Ferland: Brenda Ferland said that the Heritage Commission has not yet met this month.
Ambulance Department – Brenda Ferland: Brenda Ferland noted that the Ambulance Department usually meets on the second Wednesday of the month but she was unable to attend and has not had a chance to talk to Jerry Beaudry.
Solid Waste Committee – Jon LeClair: Jon LeClair had nothing new to report.
Planning Board – Steve Neill: Steve Neill reported that the Planning Board met last night. They accepted as complete an application for a tack shop in an existing garage on Caryl Lane; this would be a home business for Jeremy Johns. The Board approved an amendment to a Site Plan for Teleflex Aerospace Manufacturing Group NH (Sermatech) that was formerly Mal Tool for a 4,200 square foot addition to the existing manufacturing facility on River Road. They had a preliminary consultation with Stanley Waryas of Calavant Hill Road regarding a potential boundary adjustment. They gave a conditional Sign Permit approval for some signs on Main Street on the former Bushway building.
NONPUBLIC SESSION (if necessary) – RSA 91-A:3 II
Brenda Ferland moved to enter into a Nonpublic session pursuant to RSA 91-A:3 II (e) to discuss litigation with Dave Edkins and for (a) Personnel with Keith Weed. Jon LeClair seconded the motion and, on a roll call with all in favor, the motion carried. The time was 8:40 P.M.
Respectfully submitted,
Regina Borden, Recording Secretary Approved,
Steven A. Neill, Chair Brenda L. Ferland Jon B. LeClair
(Note: These are unapproved Minutes. Corrections, if necessary, may be found in the Minutes of the March 2nd, 2005, Selectboard meeting.)
| 