TOWN OF CHARLESTOWN
SELECTBOARD MEETING
MARCH 2, 2005
Selectboard Present: Steven Neill, Brenda Ferland, Jon LeClair
Staff Present: David Edkins, Administrative Assistant
Keith Weed, Highway Superintendent
David Duquette, Water & Wastewater Superintendent
Robert Davis, Transfer Station Superintendent
Edward Smith, Police Chief
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 Feb. 16, 2005): Victor St. Pierre provided an up-date on their Petition to lay out Great Country Road as a Class V Town-maintained highway and advised that this is the third Public Hearing. They have an engineered plan for a 33’ road, the Great Country Road, from Route 12-A to their property that was laid out in 1784. They have successfully negotiated a settlement with St. Pierre, Inc. for 400’+ to make it a 50’ right-of-way and would still like to keep the same design as it goes past the Sawchik and Wakeman properties as presented. As the road goes by Wakeman’s property they have requested that the ROW be 33’ wide. The maximum grade is
still 4%, very flat terrain with no deep cuts or fills and it is a good design as it is. The drainage is well planned for and they hope that this is approved at this meeting.
Tony Zutter noted that this is a Town road so shouldn’t it be grandfathered at 33 feet? New roads have to be 50’ wide. Steve Neill responded that this is part of the crux of the problem. Dave Edkins noted that this is a Town road; it is a public right-of-way but is not maintained by the Town. If the Town is going to up-grade the status to Class 5 that means that the Town will maintain it and the Town wants to be assured that it be constructed in a manner that it can be maintained without over-burdening the taxpayers. In this case there is the opportunity to get a 50’ right-of-way and that is always preferable.
Dave Streeter is concerned about the culvert that goes under the state highway. He feels that everybody that owns land should be able to do what they want to do and he does not want to stop the St. Pierre project but there is a culvert that drains on his side of the road and it puddles north of his land. He put 1-1/2” stone in the ditch beside his driveway and he feels that is good enough to handle that culvert provided that no more water is channeled through there. He wanted this to be in the record so that in the future no one can say that he didn’t bring this to the Town’s attention. If there are problems down the road who is going to be responsible? Steve Neill advised that if and if the Town agrees to accept this road it would be one full year after it is completed
before the Town will finally accept it –it would have to weather four seasons. If there are any problems during that period they will have to be addressed before the Town will accept the road. The Town will look it over very carefully during that first year.
Dave Edkins said the drainage system on the road was designed for a 25-year storm. When we get those storms everybody has problems but the State uses this design standard for their drainage systems. If the State feels the culvert needs to be bigger it is their decision and the Town cannot do anything about it. Dave Streeter asked if the Town is liable if he has a washout? Jon LeClair said the Selectboard does not know – will it be State or Town water. His concern is that he does not want any more drainage problems; by paving the road will that add to the ponding problems that are already there? The Town will be responsible for the catch basins, etc. once they take over the road
A letter was delivered to Dave Edkins’ office this afternoon from St. Pierre, Inc. in which they have withdrawn the objections to this project that they previously voiced. Victor St. Pierre now has the 50’ right-of-way except for about 200’ where the road passes the Wakeman Industries property.
Brenda Ferland moved that the Selectboard agree accept the road known as the Great Country Road as a Class 5 Town-maintained road. The road will be upgraded in accordance with Town specs and the plan submitted by Victor and Nancy St. Pierre at their expense; the Town reserves the right to inspect the road construction as it progresses and the Town will not take over maintenance of the road for one year following completion of the construction. There was no second to the motion.
John LeClair moved that the Selectboard accept Great Country Road as a Class 5 Town-maintained road under as shown on the plan submitted by Victor St. Pierre with the exception that a 50-foot right-of-way shall be provided for its entire length; that the road will be brought up to Town specs at Victor St. Pierre’s expense, that the Town reserves the right to inspect the road construction it progresses and the Town will not take over maintenance of the road for one year following completion of the construction. Steve Neill seconded the motion.
Steve Neill received a call from Mr. Sawchik who indicated that he would like to see this remain a 33’ wide road because his house is relatively close to the property line and the 50’ encroaches closer to his house. Mr. Sawchik was present at the meeting. He added that the Selectboard has the authority to offset the road surface within the ROW to address Mr. Sawchik’s concerns. At the Wakeman line there is a row of trees that serves as a nice buffer that could also be preserved by offsetting the roadway. He is also in favor of the ROW being 50’ for its entire length.
Steve Neill is concerned with setting a precedent if other Class 6 roads are proposed for upgrade. The Highway Advisory Committee also made a recommendation that the ROW be 50’ wide. Bruce Putnam, Chair of the Highway Advisory Committee, reported that back in August they agreed on the opinion that any new or upgraded road would have include a 50’ right-of-way so there is plenty of room for drainage and snow removal. Dave Edkins noted that if the Town requires a 50’ right-of-way it would involve the taking of some of the Wakeman property and that may entitle Wakeman to some compensation unless Mr. St. Pierre can negotiate the acquisition of the necessary land. Victor St. Pierre pointed out that Calavant Hill and the Old Claremont Road are 33’ wide and development is being
done on them; work was recently done on Sullivan Street. Steve Neill said they are talking about the right-of-way and not the physical roadway. There are no new roads off Calavant Hill and the Old Claremont Road was over-hauled. Victor St. Pierre responded that 33’ would be adequate with the land that they have because of the level terrain and the engineering they have done.
Dave Duquette asked if this gets approved would Victor St. Pierre give the Town a schedule of construction and make sure that the utilities are in before the road. Victor St. Pierre said that he hasn’t developed a schedule yet but he will submit one before construction begins.
Nancy St. Pierre said at the last meeting they were asked to negotiate a settlement with St. Pierre, Inc. and they did so in good faith. They do not want to put in a 50’ wide road; they have a two-rod road. The neighbors would like to keep it a two-rod road and it was not the intent that they wanted a 50’ wide road. Victor St. Pierre has designed a nice road that will serve the Town. Dave Edkins feels there is a distinction between the road and the right-of-way as the roadway would be offset within the 50’ right-of-way but it would give the Town the flexibility to do what might be needed in the future. The difference between this road and the Calavant Hill and Old Claremont Road is that those are existing Class 5 roads but here the Town is being asked to upgrade a Class 6
road and to take on additional maintenance responsibilities. The Town is within its rights to require a 50-foot ROW in order to take over ownership and maintenance.
Tim O’Hearne asked why the Town couldn’t just have an easement for that right-of-way near the Wakeman portion. Dave Edkins agreed that it could be done that way. Victor St. Pierre would build the road as if it was 33’ but the Town will control the entire 50’ right-of-way. Jon LeClair feels that 50’ all the way is better than narrowing down from 50’ to 33’.
Jon LeClair amended his motion to add that the Selectboard would accept Great Country Road as a Class 5 road and that an easement on the Wakeman section will be satisfactory. Steve Neill seconded the amendment. Brenda Ferland would not like taking the Wakeman land by eminent domain. Jon LeClair and Steve Neill voted in favor of the motion and amendment. Brenda Ferland was opposed. The motion was approved by a 2-to-1 vote.
Steve Neill closed the Public Hearing at 7:45 P.M.
MINUTES OF PREVIOUS MEETING(S):
Brenda Ferland moved to approve the Minutes of the regular Selectboard meeting of February 16, 2005, as printed. Jon LeClair seconded the motion. All in favor, the motion carried.
Brenda Ferland moved to approve the Minutes of the Nonpublic Selectboard meeting of February 16, 2005, as printed. Jon LeClair seconded the motion. All in favor, the motion carried.
DEPARTMENT HEAD REPORTS:
Police Department: Police Chief Ed Smith reported that their computer project is virtually completed. The department also purchased four laptop computers through government surplus. The estimated value was $4,000 but these were purchased for $50/each. The software has been ordered. Chief Smith met with the New Hampshire Public Safety Department and will be working with them on a grant for a traffic-monitoring device. Dave Edkins heard comments regarding speeding and trucks using “jake” brakes on the Old Claremont Road and asked Chief Smith to look into it.
Highway Department: Keith Weed reported that the Highway Department has been dealing with three storms. They had one breakdown and that was taken care of. Three bids were received on the proposed new truck, body and wing. Steve Neill asked Keith Weed to review the bids and make a recommendation but no action will be taken until after Town Meeting.
Dave Edkins said a note was received from Hal Wilkins about a drainage project on the South Hemlock Road. It was agreed to pass this note along to Keith Weed and the Highway Advisory Board and to advise Mr. Wilkins that, as a first step, he should consult with them.
Water and Wastewater Departments: Dave Duquette submitted a proposed Industrial Wastewater Discharge Permit for Bomar to the Selectboard and recommended approval. It will be effective until April 1st, 2010. It includes an amendment for a 2,000-gallon per day increase. The inspections have been done. The Selectboard signed the Permit and Amendment.
Dave Duquette asked the Selectboard to consider the Bushway matter on Lovers Lane Road. Mr. Bushway’s service line was in before the main work was done. His line is 20+ years old and it crosses the road. He submitted a bill for $2,218.03 and is looking for some reimbursement.
Jon LeClair moved to reimburse Mr. Bushway the sum of $1,109.01. Brenda Ferland seconded the motion for discussion. Dave Edkins thinks that the contractor should bear some of the responsibility. Steve Neill feels that cutting the bill in half is too much and felt that $500 would be more appropriate. Brenda Ferland and Steve Neill were opposed. Jon LeClair abstained. The motion was defeated.
Brenda Ferland moved to not pay any portion of the bill, as the Selectboard would be setting a precedent. Steve Neill seconded the motion for discussion. Brenda Ferland was in favor. Jon LeClair was opposed. Steve Neill abstained. The motion was defeated.
Steve Neill noted that this is not the only bill that Mr. Bushway incurred over the past few years. Dave Duquette said the Town required them to bring the line up to code and Mr. Bushway is probably entitled to some compensation.
Steve Neill moved that the Town compensate Mr. Bushway in the amount of $500. Jon LeClair seconded the motion. With Jon LeClair and Steve Neill in favor and Brenda Ferland abstaining, the motion carried.
Mr. Edkins will attach a letter to the check and suggest that a part of the problem was with the contractors. The Selectboard agreed that the $500 would be split equally between the Water and Sewer Budgets.
Workshop: A Workshop was scheduled for Wednesday, March 9th, 2005, at 6:30 P.M. with Dave Duquette to discuss different rules and regulations as imposed by the State regarding backflow prevention is water systems. The mobile home parks may be a challenge in this regard.
Fluoridation: Dave Duquette received a letter from Dr. George Grabe suggesting fluoridation of the Town’s water system. Dave Duquette will provide some information and statistics to the Selectboard. Fluoride is an acid and can be very dangerous to handle and feed. The liability issue has to be considered. Steve Neill suggested inviting Dr. Grabe to a meeting to discuss this matter after Town Meeting.
North East Rural Water Association: Dave Duquette was chosen by the NE Rural Water Association to assist with planning some training sessions in Concord beginning on March 9th. He asked for Selectboard permission to attend. They are establishing future operator training standards and he would like to bring some training to this Town. Steve Neill advised that the Selectboard is happy that he was chosen and acknowledged by them and the Board is pleased to have him attend the planning sessions.
Mrs. Brannon: Steve Neill acknowledged receipt of a letter from Mrs. Brannon regarding water going into her basement caused by damage to her perimeter drains as a result of the sewer project. Steve Neill asked Dave Edkins and Dave Duquette to keep on top of this. It would appear that this needs to be addressed by the project engineers and contractors
Transfer Station: Bob Davis turned in his monthly report on the Transfer Station today. The trash income for this year has been down from last year but recycling is up. There should be a fair amount of income from cardboard last month. Bob Davis had two employees go to Concord for their licenses and there are two more to go. Everything else seems to be going fairly well. Some of last month’s trash did go to Berlin.
SOLID WASTE COMMITTEE PROPOSALS (cont’d): Jon LeClair will work on putting the Solid Waste Committee proposal for corrugated cardboard in writing for the consideration of the Selectboard. This item will be deleted from the next agenda and re-scheduled.
PUBLIC COMMENT:
Dan Merrill: Dan Merrill ordered a log cabin back in January and it is scheduled for delivery on March 25th. He noted that the South Hemlock Road is a tar road and has been posted this year so he needs permission to have the log cabin delivered or pay a penalty for storage. This road was not posted in past years. The log cabin will be an improvement to his property. Keith Weed does not know what the weather would be like in three weeks. Steve Neill suggested that Dan Merrill contact Keith Weed about a week ahead of time, or maybe Monday of that week, as the Selectboard is trying to protect the Town roads. Dave Duquette suggested that a bond could be posted for any damage that might occur to the road. Brenda Ferland is inclined to consider this as an exception to the
posting. Chief Smith feels that an officer should be on the South Hemlock Road for traffic control when the cabin is delivered.
SELECTBOARD COMMENT:
Signage: Brenda Ferland left the letter she received from Commissioner Murray regarding signage on Int. 89. The project has been put on-hold.
University of New Hampshire: Steve Neill noted that Keith Weed was listed as a Master Road Scholar in the University of New Hampshire T2 program brochure. It was noted that Dave Duquette is a Road Scholar II.
OLD BUSINESS:
Use of Town Buildings: Dave Edkins said there is a need to work on a policy to address the Use of Town Buildings. This will be an agenda item after Town Meeting.
FINANCIAL ADMINISTRATION – Payroll, Purchase Orders, Vouchers, Warrants, Abatements, Etc.: The Payroll and regular check vouchers were approved and signed.
Purchase Orders: The Selectboard approved and signed the following Purchase Orders: 1) Highway – Hill-Martin for grader repairs $822.33; 2) Office – All Service for 1,000 Town Reports $800.00; 3) Transfer Station – Laber Manufacturing for axles for the transfer boxes $334.40; and 4) Town Clerk – Fall Mountain Printing for ballots, etc. $694.00.
Timber Tax: The Selectboard signed a Timber Tax Levy in the amount of $313.18.
Certification of Yield Taxes Assessed: The Selectboard approved and signed a Certification of Yield Taxes in the amount of $966.29.
Abatements: The Selectboard approved and signed two Abatements as follows: 1) Tax Collectors Acquisition Deed for a unit in Twin Maples in the amount of $140.56; and 2) For the Town in the amount of $256.72, as a logger did not pay the full amount of timber taxes for a cutting done on Halls Pond.
KMB Ventures LLC requested an Abatement on a portion of their sewer bill due to a water leak. The Selectboard signed a letter denying the request in accordance with the Town’s policy.
APPOINTMENTS, PERMITS, LICENSES, & RESOLUTIONS:
There were no Appointments, Permits, Licenses, or Resolutions as this meeting.
CORRESPONDENCE:
Regional Planning Commission: The Selectboard approved and signed a letter to the Regional Planning Commission regarding the Ten Year Highway Improvement Plan requesting that they keep the Route 12 South Charlestown project on the priority list. This is a critical safety issue.
Resident: The Selectboard approved and signed a letter to a resident who requested some information for an elderly citizen that needs assistance.
Recreation Department: Bill MacDonald, Recreation Director, is requesting reimbursement of his $50.00 deductible for a broken window in his pick-up. His insurance company paid for the window but there was a $50 deductible. He was using the vehicle for Recreation Department business at the time. Dave Edkins mentioned that previous Directors submitted mileage for Town business but last year the Recreation Department did not spend any of their $500 in the Director’s Expenses line item.
Brenda Ferland moved to approve the $50 reimbursement subject to Recreation Committee concurrence. Jon LeClair seconded the motion. With Jon LeClair and Brenda Ferland in favor and Steve Neill abstaining the motion carried.
ADMINISTRATIVE ASSISTANT’S REPORT:
Meeting: Dave Edkins feels it would be good if the Selectboard, Pat Royce and himself could meet to discuss extended medical leave, accumulated vacation and sick days as the personnel rules are vague on some points and it needs to be clarified. Brenda Ferland suggested next Wednesday during the Workshop session or before the next regular meeting.
COMMITTEE REPORTS:
The Conservation Commission, CEDA, Solid Waste Committee, Heritage Commission and Ambulance Service have not yet met this month.
Planning Board – Steve Neill: Steve Neill reported that the Planning Board met last night. The Planning Board gave final approval to a tack shop in an existing garage as a Home Business at 13 Caryl Lane. They approved an Amendment to the original Site Plan for Optimum Manufacturing who is looking to take over the Water’s Edge Spa building; there will be a loading dock and office addition and eventually another addition for manufacturing space. They currently have 18 employees but talked about adding employees up to a total of 35in the future. Some site work will be done but there are no problems. The Board had a preliminary consultation regarding a potential two-lot subdivision on the Meany Road; ten acres would be subdivided into two five-acre parcels with a back lot
served by a 50’ access strip. This meets all of the requirements but before the applicant spent any money he wanted to be sure that it was approvable.
There being no other business, Brenda Ferland moved for adjournment. Jon LeClair seconded the motion and, on a roll call with all in favor, the motion carried. The time was 9:00 P.M.
Respectfully submitted,
Regina Borden, Recording Secretary Approved,
Steve 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 16th, 2005, Selectboard meeting.)
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