Town of New Boston
Selectmen's Meeting
July 30, 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 Selectmen was called to order by Gordon Carlstrom at 7:00PM beginning with the Pledge of Allegiance.
B. PUBLIC COMMENT: No public comments were made at this time.
C. APPOINTMENTS:
1. 7:00 PM Transfer Station Discussion
The Selectmen, Town Administrator and Transfer Station Manager Gerry Cornett presented to the audience information on topics pertaining to the Transfer Station.
Chair of the Solid Waste Committee Joe Constance gave an overview of what the Solid Waste Committee does. The other Solid Waste Committee members were also in attendance. Joe said the Transfer Station Rules and Regulations need revision as they have not been revised since 1993. It has been worked on and will be considered at the next Selectmen’s meeting. He said the Transfer Station trifold mailed to residents each year is a good reference. The Solid Waste Committee will review the Standard Operating Procedures at their meeting next month. Gerry is also working on them. He said Plodzick and Sanderson audits the Transfer Station on a yearly basis and the Solid Waste Committee will consider adding an interim audit. As far as formal complaints, Joe said he has not received many written
complaints but people have spoken to him with their complaints about the Transfer Station. Joe has started observing at the Transfer Station one Saturday each month. He has not noticed any difficult residents or employees during that time. He discussed it with Burton who will provide people interaction training to all department heads and foremen. The approach needed some softening and it has softened. A survey of bags at the Transfer Station was considered where bags would be cut open, and recyclables v. waste would be weighed to see if they meet the 60/40 percentages. The town is making this percentage now so no need was found to do this survey. The Solid Waste Committee would rather educate the town on why it is better to recycle, such as generating revenue for the town. Joe said he and the other Solid Waste Committee members are available and open to suggestions and will continue working with Gerry.
Burton presented the Ordinance, Rules and Regulations and Standard Operating Procedures by reviewing them and the Selectmen’s decision regarding the ordinance that were included on a handout.
Burton presented the topic of the mandatory recycling ordinance saying the ordinance was issued in 1991 and recycling by businesses, residents and haulers was strongly encouraged at that time. In 1993 recycling became mandatory and recycling of each item was phased in gradually during that year but recycling remained voluntary for paper, clothes and magazines. Bonnie oversaw the recycling until 2003 and did a great job. Bonnie had complained that haulers were bringing trash in from other towns and not recycling. Waste Management decided not to continue using the New Boston Transfer Station because they did not wish to separate New Boston’s trash and recycling from the trash they picked up from other towns. Gerry was hired in 2003 and was asked to look into all aspects of the Transfer Station.
Employees were asked to encourage residents to recycle more. The Selectmen and Finance Committee were concerned about the Transfer Station’s budget increasing 208% in 7 years, caused by increased Wheelabrator tipping fees, trucking costs to get trash to Wheelabrator, and fees for items the Transfer Station charges for have to pay by weight at Wheelabrator and the Transfer Station did not have a scale at that time, so they were usually estimating weights too low. Too much recyclables were going into the hopper. Wheelabrator rates increase each year but New Boston can reduce what is put into the hopper and reduce Wheelabrator fees to New Boston by recycling as much as possible and receiving money for recyclables. Gerry tries to get the best price on recyclables and has streamlined the facility to make it easier to recycle.
Gerry presented the topic of selection of vendors and what New Boston sells to them. He said New Boston does not have contracts with recycling vendors because he calls around for the best price on recyclables when they are ready to be sold. New Boston does have contracts with the incinerator Wheelabrator and Clean Harbors for the annual hazardous waste day. Gerry said the volume of recyclables has increased. He also works with towns around us with the recyclables by selling the glass to Weare for use in their roadbeds and by sharing trucking costs with surrounding towns to get our recyclables sold faster. He said New Boston uses 9 vendors and listed the factors he uses when selecting vendors including who will handle the material the best, the cost to town and offset fees.
Burton explained on Transfer Station fees saying fees are assigned to items Wheelabrator won’t accept as not everything can be put into the incinerator. The cost of the material in the hopper is spread through taxes but the person generating the material that cannot go into the incinerator is asked to pay to get rid of it instead of spreading that to taxpayers. The fees cover the cost of disposal including tipping fee, trucking cost and rental of a storage container if necessary. Fees are reviewed when costs start to go up and even when fees are dropped on particular items when Gerry meets with the Solid Waste Committee regarding fees and then presents them to the Selectmen. Gerry said the fee structure for construction demolition debris is now improved to cost less to taxpayers and after the flood some
material was taken at no fee, small volume is taken at no fee and some non-profit organizations bring material to the Transfer Station at no fee. The construction demolition material is taken to ERCO through the NRRA. There is a $2 per tire fee for all passenger car tires regardless of size. There is no charge for batteries at this time because the Transfer Station is not charged for their disposal.
Burton and Kevin St. John from Creative Information Systems presented on the collection procedure. Kevin’s company implemented scale ticketing software at the time the truck scale was implemented for accuracy of weight. The weights are sent directly to a computer that keeps track of this information and the types of material being brought to the Transfer Station. Creative Information Systems donated the software to the town and educated the employees in how to use it. The software normally has a + or – 20 pounds accuracy but is programmed for + or – 10 pounds for the town of New Boston. Burton said acceptance of money takes place only in the scale house. The computer doesn’t allow any transactions to be deleted, only voided and the Selectmen keep all transactions on file. A
receipt is given to the customer matching the computer transaction report. The computer also keeps track of the vendor information of where the material goes from the Transfer Station. The town bookkeeper inputs this information each week and Plodzick and Sanderson audits each town department including the Transfer Station annually.
Gordon presented on people skills and training saying training will be made available to all town departments soon with programs from the Local Government Center and other sources. All haulers are expected to follow the rules. 1,000 cars go to the Transfer Station each week and there have been relatively few complaints about the Transfer Station employees. Complaints were replied to. The Selectmen feel the Transfer Station staff has done a generally good job. The majority of letters received regarding the Transfer Station compliment the staff.
Gerry presented on the recycling rate, state v. town. He said the state includes items the town doesn’t include in their numbers and that is why the numbers differ. To get the recycling rate he counts the volume of MSW sent out to the incinerator v. volume of recyclables sold. Some recycling items are in storage waiting for a better market value. 6-7% of each trailer sent out is non-MSW. If taken out, the town’s recycle rate is 49.6%. Recycling is worth an average of 9 cents per pound to the town. It costs $88.80 per ton to get rid of the MSW.
David presented regarding checking of bags. He said the NH Supreme Court ruled in the case of State v. Goss that a person who leaves his trash for haulers does not agree the police or another party can pick it up instead. This doesn’t apply to haulers or Transfer Station employees opening bags. However, a hauler or Transfer Station employee can tell what is inside a bag by picking up a bag, listening and feeling it. If opening bags is part of the policy of haulers and Transfer Stations, it is ok to do so. If they feel it is necessary they can open it. The Selectmen don’t know how often this is done. The town does not feel it is necessary to demand residents use clear plastic bags to bring their items to the Transfer Station. They would rather use education and spot checks for now. A hauler can ask their customers to use clear plastic bags if they wish. The Transfer Station has made stickers directing customers to call the Transfer Station available to the haulers to put on
bags they don’t take.
Gerry presented regarding trash service haulers saying commercial haulers can choose to use the New Boston Transfer Station or not. If they wish to use the New Boston Transfer Station they have to follow the basic rules of the Transfer Station. Currently there are 2 haulers using the Transfer Station, Capitol Trash and B&A. Capitol Trash is recycling at 37% and B&A is recycling at 38%. The haulers trucks are weighed using the computer program 3 times each time they come to the Transfer Station. This allows the Transfer Station to tell the haulers their recycling rate each time they come in. The town has chosen to give haulers incentives for compliance with the recycling policy and charges the haulers if they do not meet the desired recycling percentage. The town has also provided stickers
and letters to the haulers to give to their customers who don’t recycle. There is a three step warning system for non-compliance. Periodic bag checks are performed at the Transfer Station on bags from haulers, residents and businesses.
Gordon presented on steps taken to improve the facility saying disposal of waste is a changing marketplace and New Boston has to make changes every once in a while too. New Boston does not want to be dumping grounds for trash from other towns. He listed a partial list of improvements to the Transfer Station including installation of the third bailer, improved layout of recycling facilities, decreased staffing needs, new recycle by number program, changed Transfer Station hours, changed parking design, computer program with receipt generation, demolition containment area, brush handling area, covered hopper and repaired hopper building, plans to cover C&D and construction debris, ability to change trailers when full resulting in decreased trucking costs, purchased rolloffs to handle recycling, informational tri-fold sent
to residents annually, purchased storage trailers for recyclables, replaced compactor, purchased forklift for better maneuvering around the lot, processing of materials on off days instead of when customers are bringing items, steel containment area, power upgrade from PSNH and flood damage repair. These improvements were paid for in the budget and paid for themselves within a year.
John Bunting prepared a proposal on auditing. He is not an auditor but spoke with some auditors for suggestions. He would like the Transfer Station to implement a system to document tonnage going out and checks coming in and going directly to the town hall. The town wants to know through documentation such as faxes back and forth from vendors that recyclables are sold to the highest bidder. H suggested that if a sale is expected to be over $500 that fax communications be requested from bidders, then staple all bids for each sale together and file them for 3 years. Gerry now calls around for bids each time he is ready to send out materials.
Benson Chapman from 273 Mont Vernon Road is concerned about his privacy when bags are opened. He contacted Capitol Trash for trash pick up after an experience he had at the Transfer Station when they opened one of his bags and exposed personal medical items. He doesn’t want his bags opened by a third party, either. He doesn’t agree with David’s review of the case State v. Goss and read a portion of the case. He believes the opening of bags is search and seizure of an unlawful nature. He recommends the haulers and Transfer Station open the bags in a creative manner that doesn’t violate privacy.
Sally Delevan from Capitol Trash said she is upset about the things she heard at this meeting. She stated that the 1993 ordinance governs how the facility is run and how to recycle, not a flier sent to the town. She believes the ordinance should be posted at the town hall and the Transfer Station. The ordinance does not state that it is necessary to recycle paper. She said that Tim Delevan brought a load to the Transfer Station on Thursday and his bags were gone through and Gerry told him to “deal with” his paper and demolition that was found in one of the bags and then walked away. Tim Delevan said he photographed 3 other people putting paper, Styrofoam and mattress material into the hopper. Gerry responded saying he didn’t say “deal with it”, he asked Tim to take the
materials out and deal with it the best way he can. Residents are allowed to put mattress material in the hopper. Tim said he has eyewitnesses. Sally said again that it is not mandatory to recycle paper and they were unfairly charged $1800 because they didn’t meet the 40% recycling rate. The Selectmen said the taxpayers cover the cost of disposing the stuff thrown in the hopper and the haulers are expected to meet the 40% recycling rate. If residents don’t recycle, it is reflected in their tax bill. Sally said she and Tim feel their trash is treated differently but Gordon said the only difference is that the Transfer Station will not accept furniture and mattress material from haulers. Sally and Tim feel it is unfair that their trash is weighed and residents’ trash is not weighed. If residents’ trash is not weighed, how will the Transfer Station know who is recycling at what percentage?
Solid Waste Committee Member John Sizemore said the way rules are written residents can bring 100% MSW but the Transfer Station doesn’t allow Capitol Trash to do that and the rules don’t say anything about the 60/40 percentage. Gerry feels that is unreasonable and the 60/40 percentage is realistic and the town is currently at 41% recycling. Gordon reminded him the ordinance from 1993 made recycling mandatory. John wants more accurate figures and data. He feels the current figures and data are inaccurate because they include Capitol Trash. David said that if a hauler never accepted recyclables and made an agreement with the Transfer Station that they would never bring recyclables to the Transfer Station this could be possible but that situation has never been seen.
Charlie Granule of Byam Road said that as a taxpayer he has seen Transfer Station employees go through materials brought to the Transfer Station and tell people to recycle it. He praised the way the Transfer Station is run.
Linda Sizemore of 301 Mont Vernon Road has trash pickup by Capitol Trash and said she was penalized because she had watermelon rinds in her trash that made her MSW to recyclable ratio too high although she recycles everything she can.
Gordon said that if the issue is should Capitol Trash be allowed to dump 100% MSW then the answer is no. Now they are doing a 63/37 MSW/recyclable split that is very close to the 40% recycle rate asked for by the Transfer Station.
David Johanson of 194 McCurdy Road said that he doesn’t send all of his recyclables with Capitol Trash, some items he brings to the Transfer Station himself and others might do the same. He suggests the Solid Waste Committee should work on educating the town more than with just one yearly mailing. Gordon answered that information is also included in New Boston Bulletin articles occasionally.
Bill Brendle of 167 Parker Road asked how the Transfer Station can be sure that all the materials they receive are from New Boston. He also complimented the Transfer Station and its employees. Gordon answered that if they suspect material is coming from out of town they will open a bag and contact the people whose trash it is and ask how their material ended up in New Boston. Joe also said that out of town material could also be found in the recyclables window.
Dan Donovan who is not a resident but owns a business in town on Briar Hill Road also complimented the Transfer Station because of what he has seen in the town where he lives.
John Palumbo of 19 Joe English Road said that he thinks recycling is a good thing but he is concerned about the practice of opening bags because of the possibility of identity theft. He asked if the Transfer Station employees are bonded. Gerry answered and said that once a bag is left at the Transfer Station the Transfer Station becomes responsible for the content and the material also goes to another facility where it is dumped on the ground and gone through before incinerated to make sure there are no materials that cannot go into the incinerator. Kevin suggested that the Transfer Station or Solid Waste Committee could remind people to protect their privacy and shred their sensitive items before bringing them to the Transfer Station or burn them. Gordon said making a commercial shredder available for use at the
Transfer Station could be considered.
Sally Delevan said that bags are not opened when you are at the Transfer Station; it is opened after you leave. She said she went to the Solid Waste Committee and wanted to bring some figures to them but was told she couldn’t because she is not a resident. She said she gave the figures to Joe and nothing was reviewed as she was told it would. She said the same thing happened at a Selectmen’s meeting when she was told she couldn’t speak during public comment because the topic was discussed earlier in the meeting. Gordon said she was allowed to submit her material at that time but there is a rule that a topic cannot be discussed later at the same meeting where it was already discussed during a designated portion of the meeting. She said she was not previously aware of this rule. Joe
said he corresponded with Sally and told her she could speak at the Solid Waste Committee meeting during public comment where she did speak and didn’t raise the figures. He also gave her figures to Burton.
Wayne Woodbury of 280 Chestnut Hill Road asked if there would be any situation where a commercial hauler would be weighed more than 3 times and was told there are none. He asked if haulers, residents and businesses are treated equally and the audience recommended he go to the Transfer Station to observe. Gordon said the only difference is haulers and businesses can’t bring mattress and furniture material to the Transfer Station but residents can.
Jill Minehan if 19 Howard Lane also said she has Capitol Trash but has also brought her own materials to the Transfer Station at times. As far as the 60/40 ratio she recycles but feels her trash bags weigh a lot more than the recyclables and doesn’t think she meets the 60/40. She mentioned that if she brought her own trash to the Transfer Station she wouldn’t have to pay if she didn’t meet the 60/40 ratio but a hauler would. She doesn’t feel Capitol Trash should be charged when they don’t meet the percentage because residents aren’t charged. Gerry answered by saying some residents only bring their MSW or only recyclables and have Capitol Trash bring the rest. Residents use Capitol Trash to circumvent recycling because they refuse to recycle. The haulers have the option to
charge their customers more money to bring their trash out of town if they refuse to recycle. The law of averages says that some weeks the percentage will be good, some weeks it will not. Some weeks they have to pay and some weeks they don’t.
Kevin St. John said he travels the country selling the software and has found that commercial haulers pick up for people who will pay for disposal of their material. He feels New Boston has a good balance with the 60/40 percentage requirement.
Gerry also said that a lot of towns charge commercial haulers just to come to their Transfer Station but New Boston decided not to do that because it would be double taxation. Instead they decided to only charge the haulers when they don’t meet the 60/40 percentages.
D. APPROVAL OF MINUTES:
1. Minutes of July 16, 2007 - The Selectmen reviewed the minutes. Corrections were noted. David moved that they be accepted as amended. Christine seconded the motion. All were in favor.
E. OLD BUSINESS:
1. Planning:
· Shaky Pond Development-The Conservation Commission is in favor of the long cul-de-sac but the Fire, Police and Highway Departments are not. If long cul-de-sac is not allowed they will use some long driveways. Awaiting traffic study for corridor. Developer offered a cistern halfway down the cul-de-sac and a conservation corridor.
· Planning Board discussion regarding road regulations, multi-family dwellings and residential/agricultural district. Right now there is no way to prevent apartments from becoming condos. Regulations will have to be rewritten to prevent that. R-1 district may need to be turned into R-A. An overlay zone for multiple unit dwellings is being considered instead of separate areas. A subcommittee will form to research district changes. The Planning Board is also considering allowing condexes on backlots. They also discussed larger buffers and allowing in-law apartments in accessory buildings. They also discussed roads and where development could
happen and identify areas where commercial development could be added into residential areas. A committee is working on this.
· McCreary application 15 High Street for fitness and wellness center-They need more screening from the road because they changed the parking and they need state septic and to change the septic pipes. They will return in a month.
· Eliot Konner Driveway Permit Clark Hill Road-The Selectmen decided not to contest the Zoning Board’s decision to allow building on this lot. A 2 bedroom colonial is planned for the lot. The driveway was approved.
· Town cistern plan-Discussed why cisterns are requested in some places and not others. A list of 28 proposed cisterns and their priority was distributed.
· Doug Hill Subdivision-He now wants to tear down the house. The Historical Society is asking him not to tear it down, they want to try to purchase it with money they have or figure out something else to do with it and gave Gordon some information about it with photos to share with the Selectmen. Doug is having trouble finding a buyer and feels to get sight distance on the road he would have to cut into the house. He says it is balloon construction but it is actually a post and beam federal house. The house could be moved 40 feet or adjustments could be made to get the sight line requirements modified in this situation. Allowances were made on his
subdivision because he was keeping the house but if the house goes some allowances could be taken away. The Historical Society will contact the State Division of Historical Resources or NH Preservation Alliance.
2. Letter to Gravel Pit Owners-The Selectmen reviewed a letter to the gravel pit owners. Cliff Wilson met with Burton saying it was his understanding that the excavation area “floats” but Mary Pinkham-Langer from NH DES says it is an “amendment” to the plan if there are different 10-acre areas around the lot where excavation takes place. Cliff also wanted to bring material from another pit to his pit but Mary said he needs a site plan from the Planning Board for this. The letter will go out when Kim Burkhamer is back from vacation.
F. NEW BUSINESS:
1. Use of Gazebo-People have been asking if political events can be held at the gazebo. The Selectmen will contact Sandy Gallup or Dave Hulick or check the Selectmen’s minutes from 1994 to find out what types of events are allowed at the gazebo.
2. Revised Class VI Road Release-A new release was needed for Lin Pothier’s business. Town Attorney Bill Drescher reviewed the release Attorney Leslie Nixon designed years ago and drafted a new release. The Selectmen agree with it. Burton is also working on it with Planning Coordinator Nic Strong. Burton will add to the release for Lin the Selectmen’s letter to her of July 2006 that outlines road condition requirements. The Selectmen also reviewed and approved a new standard release.
3. Innovative Planning Tools-Nic wrote to Southern New Hampshire Planning Commission and advised that of the topics offered for presentation to the Planning Board, the preferred the ones to help them develop plans regarding inclusionary housing, access management regarding roads, feature based density and development rights.
3. Investment of Funds-The Community Liaison for TD Banknorth, George Dow, asked the town to consider investing more of the town’s funds using other investment products. (Public Deposit Investment Pool) The town has a checking account with the bank and then places excess funds with the PDIP that accrues better interest. The Selectmen decided to continue the present practices as none of the bank products promised to improve upon the interest rate of the PDIP.
4. United Way Participation-The United Way asked if New Boston would advertise to employees asking them to contribute to the United Way directly from their paycheck. The Selectmen agreed to discuss this with the department heads to see if this is something they would be interested in.
G. OTHER:
1. Mr. Wilson on Old Coach Road has a light that blinds drivers at night. He also has an unapproved second driveway. He may need to have a site plan review at the Planning Board because of his wood processing.
2. The proposed scope of work for the Bedford Road road study from the Southern New Hampshire Planning Commission came in today. It will cost $6100 that will be paid from money leftover from the block grant. Selectmen authorized proceeding with the study.
H. PUBLIC COMMENT:
John Bunting asked if the Selectmen had accepted the new portion of Foxberry Road. That is pending receipt of the bond at the Planning Board and has not yet been accepted. He also asked if the new portion of Pulpit Road had been accepted. It has not. He asked if the Selectmen wanted to do the new addresses on Bedford Road before the new portion of Pulpit Road is accepted. The Selectmen will send a letter to the affected people to tell them this is going to happen. John will work on the letter with Burton. The area will need to be looked at because these 4 residences are off one driveway and might need their own road.
I. ADJOURNMENT: David made a motion to adjourn the meeting at 10:35 PM. Christine seconded the motion. All were in favor.
Prepared by Maralyn Segien
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