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Board of Selectmen's Minutes 06/18/2007
Board of Selectman’s Minutes 6/18/07

Town of New Boston
Selectmen’s Meeting
June 18, 2007

Present:        Gordon Carlstrom        Selectman
                David Woodbury  Selectman
                Christine Quirk Selectman
                Burton Reynolds Town Administrator

A.       Call to Order:  A regular meeting of the board of selectman was called to order by Christine Quirk at 7:00, beginning with the pledge of allegiance.

B.      Public Comment:  No public comment.

C.      Appointments:
7:00    Chief Krajenka  Police Department
        Chief Krajenka followed up with the selectman on the issue of ATVs.  There have recently been three different issues in town involving ATVs.  One of these cases involved a chase.  It was stated that if there is ever a chase the person will be arrested once the chase is over.  The chief stated that the department is severely under manned.  The chief and Sgt. Kochanek are putting in many hours and are always on call.  This is starting to interfere with their health and personal time.  The chief stated that the state police will have to be used.  This option is not always the best due to response time, but it was felt this option was acceptable for the overnight hours.  The selectman mentioned using the sheriff department.  Krajenka stated that this is very expensive.  The selectman encouraged the chief to use the sheriff option when he felt circumstances called for it in order to keep the department operational.  The chief did say that Corporal Bergeron may be coming back from knee surgery on light duty.  She will be seeing a doctor in the next week or so and will see then.  Ryan Storro will be graduating from the Police Training Academy on Fri. June 29th.  After he graduates he still needs to complete two more weeks of training at the academy.  He will then need to complete our full time officer program working with another police officer, so it will be a while before he is on his own.  Joe Fussell is a part time police officer who is currently working 32 hours a week for the town.  It was stated that he is doing a very good job.  The chief said that the department is currently advertising for an additional full time police officer.  The chief is currently working on a new sign for the police department.  He had requested prices from five different sign companies and only received two responses.  Both of these signs would work.  Gordon Carlstrom asked what happened to the original sign that the department was looking at.  Krajenka said that the price had gone up.  The price increase was only a couple hundred dollars more than first quoted.  David Woodbury stated that he liked the original sign that they had chosen.  David Woodbury asked Krajenka about lawn maintenance.  Krajenka stated that he has spoken with a couple companies and that he had planned to contact a few more before any decisions were made.     
7:15    Mike Sindoni & Lee Brown                Recreation Department
        Lee wanted to speak with the selectman as a follow up to a meeting he had with the planning board with regards to impact fees, and setting aside land for recreational use.  Lee wants to know where the selectman feel the recreation department is heading in the future.  The recreation department has been going through the CIP process, and the finance process, so they have a fairly good understanding of where the selectman’s priorities are.  Currently the recreation department feels like they have significant land available.  They have the land located on Old Coach Road, which could handle one or two new fields.  The recreation department will eventually also be considering space on the Sherborne lot now being excavated by the Highway Department for winter sand.  There is also the field that is located behind the town hall.  The department’s concern is not for land.  If something came available the department would not just say no, but to acquire land for the sake of land is not something that they want to do.  The department stated that it does not make sense to have property that they will then have to maintain, when they already have a strain on their resources.  The recreation department wants resources to support what they have going on now, and what they need in the near future.  Gordon Carlstrom stated that the town is growing, so having some land set aside for future use may be a good thing.  The recreation department stated that the department is trying to balance current needs with future needs, because if the department strips away resources to buy future needs, the department may not be able to service its current residents.  He mentioned having recreational land within developments.  David Woodbury said that the town would be improved if we could make sure that these new neighborhoods have some cohesiveness as neighborhoods, and the best vehicle for doing this is some open space for neighborhood recreational use.  David Woodbury stated that this may not be the expectations of the recreation department, and if not the selectman want to hear about it.  David said that considering the growth of the town, and the speed of the growth, maybe it is time for the recreation department to grow faster than they thought they had to.  The recreation department asked about possibly considering impact fees.  The department feels that impact fees are more beneficial than just pure land.  The department pointed out that in the past twenty years everything in town has been constructed by volunteers.  There are a lot of demands for the town, such as a community center.  The department is currently looking at other towns and seeing what they do.  They are looking at other town’s impact fees, and how they structure it.  The department is also looking at towns the same size as New Boston and seeing what services they offer to their residents.  David Woodbury stated that they are currently working with Southern NH Planning Commission on a fiscal analysis by town department and could be used by planning to develop impact fees.  Gordon Carlstrom stated that if a developer wants to offer land instead of paying impact fees that may be a positive option.  To have land set aside in residential developments may be a good thing for the recreation department in the future.  The selectman also mentioned that at some point the high-school kids may be in town, and the town will need to have more space for fields in this case.  Also, there has been talk of a town pool and community center.  All of these things will be considered as part of the department’s survey.  David Woodbury asked if the recreation department’s assistant director’s job should be more hours than what it currently is.  The department is still deciding if a full time position is what the department needs. Mike is going to make a proposal to the commissioner’s office.            
7:45                            Solid Waste Committee
        The Solid Waste Committee has revised a draft of the “rules and regulations” which was submitted to Mr. Reynolds, then forwarded to the selectman.  The committee was wondering if this represented a fundamental change in the ordinance itself.  They wanted to know if it constitutes a new ordinance.  The Committee was told by Burton that it does not.  The Solid Waste Committee can change the policies and procedures of the transfer station because the ordinance says so.  David Woodbury felt townspeople’s desire to buy recyclables should be discussed.  David asked if this situation should be recognized in the first paragraph.  David was told that Gerry has been working on the draft of standard operating procedures for the past year and a half.  SOPs would fall under the rules and regulations.  SOPs deal with the daily operations of the transfer station. These include any different situations that may come up, including situations like the Peter Shay one.  The committee wants policies made for every situation that may comes up.  David Woodbury stated that it should be recognized in paragraph one of the regulations, that the transfer station is open to sales of certain materials to individuals per the SOPs.  David also had concerns with the statement; all drivers entering the center do so at their own risk. This is located in paragraph eight.  David feels like this is not a very welcoming statement.  He feels like there is no real difference entering the solid waste facility and entering any town property.  David recommends saying that any drivers entering the center are liable for any and all damages they cause to the center.  David Woodbury stated that under A,B,C,D there is no mention of gas cylinders.  He was told that it was considered under propane tanks.  David recommended that gas cylinders be specifically mentioned.  David also stated under sub part I the term construction rubbish is also known as construction demolition.  David feels like there should be the consistent use of language so that people can’t argue with the transfer station later on.  David mentions that the incentive program should also be mentioned in the rules and regulations not just the SOPs.  The selectman stated a concern with number 14, the statement; New Boston will sponsor an annual residential hazardous waste collection day.  The selectman were concerned what would happen if the town decides to sponsor a hazardous waste day every other year.  The selectman recommended saying NB will sponsor a regularly scheduled residential hazardous waste collection day.  This allows the town the flexibility to change the amount of residential hazardous waste collection days.  The solid waste committee will make these changes, and will give them back to Burton.  There was discussion of whether or not to change the town ordinance.  If the ordinance itself is changed than it will need to go in front of the town’s people for a vote.  The rules and regulations are formulated by the selectman, and therefore don’t go in front of the town’s people.  There was the question of whether or not there should be an enforcement section in both the ordinance section and the rules and regulations sections.  Having one enforcement section would possibly cut down on confusion on what the enforcement policies are.  David stated that both need to be consistent.  He was told that at this point they are not the same.  David said that the ordinance trumps the regulations, because the town voted on the ordinance.  David also said that both the ordinance and the rules and regulations should have the same enforcement policies.   The rules and regulations don’t go against the ordinance; they just help enhance the ordinance.  The selectman agreed to review the ordinance and see if there is anything that they feel they may want to change for next year.  If there were enough changes needed they would then bring it in front of the town in the form of a warrant article.  Joe spoke about the issue of how residents and commercial haulers are treated up at the transfer station.  Burton will explore training through PRIMEX or the Local Government Center.  Joe also talked about the business of an audit of the transfer station.  He stated that next year an audit by Plodzik and  Sanderson is going to be done anyway.  Joe said that if the selectman feel that there needs to be an audit done in the meantime, Lou Lanzillotti; finance committee chairman and a licensed accountant, said that he would do one.  The selectman said that this audit would be a good thing, and would help with any public concern.  Joe found out about the history of the 60/40 recycling goal.  This goal is from the state.  It is a best management practice, not a law.  The town feels that the 60/40 rate is reasonable and is being easily obtained.  There was discussion on using clear bags.  This could possibly help raise the recycle rate.  If there was a clear bag ordinance in place, than the town would have to make available the bags to residents at a reasonable cost. The bags are a reasonable price and are very durable.  Joe feels like this is not necessary at this time, the town is meeting the 60/40 recycle rate.  David Woodbury agreed with Joe.  Christine Quirk mentioned that commercial haulers could require their customers to use clear bags.  This may help the haulers make sure that their customers are recycling.  Joe said that the solid waste committee will ask residents what they think of the clear plastic bags.  Joe talked about a survey of the transfer station.  He mentioned possibly having one in the fall.  Gordon Carlstrom stated that there is no real need to do a survey.  The town is making the 60/40 goal.  Gordon stated that the information session for late July really needs to have an agenda.  Gordon said that there should be information on the fee setting process, and the procedure for collecting fees.  There should also be information on the vendors that the town uses.  Currently the town uses eight vendors, but only has contracts with two.  The information session for the transfer station will be on July 30th at 7:00.  The location is still being decided.            
  Approval of Minutes:  
*David Woodbury moved to accept the minutes from April 30, 2007.  Gordon Carlstrom seconded the motion.  All were in favor.
*Gordon Carlstrom moved to accept the amended minutes from June 4, 2007.  David Woodbury seconded the motion.  All were in favor.
*David Woodbury moved to accept the non-public minutes from 4:15pm on June 7, 2007.  Gordon Carlstrom seconded the motion.  All were in favor.
*David Woodbury moved to accept the non-public minutes from 6:10pm on June 7, 2007.  Gordon Carlstrom seconded the motion.  All were in favor.  
*Gordon Carlstrom moved to accept the non-public minutes from June 10, 2007.  David Woodbury seconded the motion.  All were in favor.
     E.  Old Business:  
                1. Planning:
                        * The planning board discussed future planning for the town.  The board agreed to set up a sub-committee to study small scale commercial businesses.  The planning board wants the committee to start looking for areas for a commercial district.  The planning board wants it zoned as RA/small commercial so it does not have to go in front of the public and get voted.  David asked if the planning board has the power to do this.  Peter Hogan, the Planning Board chairman, would like to see a survey done to the residents along Rt. 13, Rt. 77, and Rt. 136 to see if they would even entertain their property being zoned to this RA/small commercial.         
                        * The planning board held a public hearing for the proposed subdivision regulation amendments.  
                        *Joseph & Allison McGrail.  Submission of an application for a photography home business located at 243 Mont Vernon Road.  The selectman had concern about parking.  Christine Quirk said that there would be two parking spaces and a turn around.
                        *Shaky Pond Development.  27 Lots located on Susan Road.  The plans for the subdivision were re-submitted to the planning board.  The developers wanted to know where the planning board wants them to go.  The developer wanted to put in a u-shaped road, with four wetland crossings.  The town would get 10 acres with this design.  They are now repurposing putting in a road with a cul-de-sac.  With this design, they would be giving the town 30 acres.  Gordon Carlstrom mentioned the possibility of the development going in as a cluster.  Brandy said that the only way they could put in a cluster was to go all the way to the back of the property, and this would cause other issues.  With the cul-de-sac design, the development would be going from a 27 lot development to a 19 lot development.  The selectman questioned the length of the road with the cul-de-sac.  The proposed road would be 1900 feet, 900 feet longer than the maximum road allowance.
                                    * Chestnut Hill Development located at Susan Road.  8 Lots.  A site walk was taken again for new members of the planning board.  Susan Road may be turning into a cul-de-sac, which means it would also be changing its name.  There are also some water issues with the property.  Gordon Carlstrom questioned if the cul-de-sac had been approved.
                                   *Damian’s Restaurant located at 737 River Road.  The planning board took another site walk at Damian’s Restaurant.  There were some questions on the pavement not being striped.  There were some faint lines present from the previous owners.  The site was approved.    
    
                2. Cell Tower
                        Burton Reynolds received a phone call from a Verizon representative.  He was interested in getting approval for a cell tower.  Burton stated to him that he would need to go in front of the town for approval because the selectman cannot lease the land for long term without a town vote.  Verizon originally didn’t want to proceed until the town voted, but now they do.  Verizon said that the town could help by holding a special town meeting, and that they would pay for it.  The Verizon Technician also asked if there could be a meeting where the selectman and Verizon could sit down and talk about the agreement.  Burton said that he will speak with Leslie Nixon, the town counsel, and see what her thoughts on this matter are.  Gordon Carlstrom mentioned the cell tower located on Dodge Farm.  He suggested that the selectman go and take a look at it.  

F.      New Business:   
a.      Required forms to DRA
Burton Reynolds will be sending in the required forms so that they can have the appropriate information to calculate the tax rate in the fall.    
b.      Board/Commission letter on minutes
The selectman discussed the need for boards and committees to complete the minutes of their meetings.  It is important to know what goes on at these meetings so that questions can be asked when needed, and so that the public can know what is going on at these meetings.
c.      Response to Nicolaou
The selectman sent Mr. Nicolaou a letter and he responded back.  He still does not want to meet with an assessor.  He wants to hire his own appraiser.  Gordon Carlstrom stated that the town follows state procedure, and that the town will continue to do so.  Burton said that the way the town handles assessment is by the state law.  The town does not have any other choice but to follow the law.  Nicolaou needs to allow the assessor into his house to complete the assessment.  After the assessment he can appeal it if he chooses.  David Woodbury also brought up the issue of a building permit.  The Selectman want a short, to the point letter sent out to Nicolauou.  Burton said that he will speak with George Hildum, our assessor, on how this letter should be written.  Burton will also be speaking to Ed Hunter, the town building inspector, about Mr. Nicolaou building without a permit.  
d.      Cliff Wilson Gravel Pit update
The selectman reviewed a plan which showed an expansion of the gravel pit.  The gravel pit is going to reclaim all 10 acres and go into another 10 acres.  The selectman are required to hold a public hearing to discuss the expansion of the gravel pit.  Gordon Carlstrom questioned whether or not Cliff Wilson needs a DES and also a site specific plan.  If they want to change where they are excavating they will need to come in and apply for an amendment to their current permit.  Tris Gordon sent a letter asking the selectman if they could remove some stockpiles of material from the gravel pit.  The selectman agreed, and said that it was fine to remove the stockpiles.  The selectman will be getting together with code enforcement officer Ed Hunter, and will look at the property.  The selectman stated that there will be no work in the expansion area until they have received the appropriate permits.   
e.      Town Hall handicap ramp
  Dan came by and mentioned that there have been problems with      water freezing over at the fire station some winters.  There was always a suspicion that the problem was where it comes out of the building.  Road agent John Rieudeau sent down the crew with some sand and put a bunch of sand down for insulation while the entrance to the Town Hall was being replaced.  Burton said that he hopes this fixes the situation.  The hand rail for the ramp is going to have to be wood.  Gordon was concerned that the ramp may look odd if it is half the plastic material and half pressure treated wood.  There was some discussion of the strength of the plastic material being used for the ramp.  The plastic material may not be strong enough to meet code for the railing.  It was stated that the ramp needs to be safe before looks.  

G.      Other:
·       The town ambulance is going to cost more than originally planned.  The warrant article is for 149,000, and the ambulance is going to cost 154,000.  The price increase is due to business issues between International and Ford.  Burton stated that the town could pay for a portion of the ambulance in October.  The town would receive 1,000 off by paying for that portion in October.  When it comes time to pay for the box, which will be ready in March or April of 2008, the town could build in 4,000.00 into the fire department operating budget of 2008.  Burton spoke with Lou Lanzillotti of the Finance Committee and he said that this sounds like a good option.  Brandy said that they could possibly take out certain items from the ambulance, so that it doesn’t compromise the integrity of the warrant article.  An example of this is the hydraulic hoist for the oxygen tank which cost about 1,500-2,000.  There are some other items on the ambulance that could also be taken out.  Gordon stated that he would rather do it this way.          
·       The selectman discussed the issue of people building within town without the required building permits.  The selectman discussed fining, or taking down what was build as a response to people who build without the required permits.  Ed currently has an issue with someone.  Ed will be writing a letter to the selectman discussing the issue.  He will ask if the selectman want him to proceed.  If Ed does proceed, he will probably be going to court.  Burton asked Ed to speak with other more seasoned building inspectors on what their policies are on dealing with people who want a certificate of occupancy, but owe a fine.      
·       Burton Reynolds asked the selectman to review and revise as necessary, a letter to an employee prepared in response to a recent meeting with the board.
H.      Public Comment:  
        * Sally Delevan of Capitol Trash wanted to read a letter that she wrote in response to Transfer Station issues.  The selectmen informed Sally that public comment was a time to bring forward new issues to the board.  The Transfer Station was already discussed earlier, and this was not the appropriate time for more discussion.  The Selectmen requested that Sally e-mail her letter to them, and that they would read it then.   

I.      Adjournment:
Gordon Carlstrom made a motion to adjourn the meeting at 10:20pm.  David Woodbury seconded the motion.  All were in favor.