Town of New Boston
Selectmen's Meeting
July 14, 2008
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 Chris Krajenka Police Department (part non-public)
Move to enter Non-Public Session: David made a motion to go into Non-Public session per RSA 91-A:3II(a) at 7:10 PM. Christine seconded the motion. All were in favor.
Move to exit Non-Public Session: Christine made a motion to exit Non-Public Session at 7:25 PM. David seconded the motion. All were in favor.
· Chris mentioned the police services line of the budget will need more money next year for hiring of outside officers for town events such as the Fourth of July celebration.
· Chris asked about holiday pay for July 4 and was told the officers who worked should get 8 hours of holiday pay then time and a half for as many of the hours as were worked.
· Chris requested the officers begin their workday at 6:00 AM instead of 5:00 AM because the volume of activity at 5:00AM is not what they expected when they started working those hours. The Selectmen agreed.
· Chris completed the background check for the sixth officer candidate Gregory Hertik. He is a certified NH officer and an FTO originally previously having served as a deputy sheriff in the Georgia area. He recently worked for the NH state police as well. He had good references. He lives in Deering. He will have a one-year probationary period with the New Boston Department.
· Coverage of the Fourth of July celebration was a success for the Department. Dunbarton officers helped and enjoyed it and worked well with the New Boston officers. The Dunbarton officers asked to be invited back to help again next year.
· Officer Ryan Storro got the firearm instructor ranking and will go into the rifle instructor course.
· The tazers are in. Training will be next. New Boston can host a class or wait until a class is offered in this area to attend.
· There was an accident with the cruiser. No recklessness was found but there was $900 damage when the Expedition hit a telephone pole while attempting to hook to the radar trailer.
· Enforcement numbers are up because of placement of the radar. There have been some complaints.
· David moved that the Chief be delegated authority from the Selectmen to handle the issue with Sergeant Kochanek. Christine seconded the motion. All were in favor. Burton will send Chris a confirmation letter.
2. 7:30 PM Twin Bridge Mgmt Gravel Operation
Twin Bridge Land Management has been under a Notice of Violation and Order to Cease. This hearing was at their request. They are not here tonight. Town Attorney Bill Drescher is here to present the material he has prepared for the Selectmen. The public hearing was opened at 7:47 PM regarding the Twin Bridge Management cease and desist order in place on the commercial gravel pit. Bill summarized the materials he prepared as follows: Representatives of Twin Bridge Management are not here to present the reasons they feel the cease and desist was improperly issued. The motion for rehearing from Twin Bridge was reviewed by the Selectmen. Bill spent three days with Kim Burkhamer working on the booklet he prepared and distributed to the Selectmen, Kim, a copy for Twin Bridge and a copy for
himself. It contains exhibits and 22 pages of history of the pit. There are also 2 exhibits separate from the booklet, which were too large to include in the booklet. Clifton Wilson had 2 lots, map 3 lot 3 and map 2 lot 62. Map 2 lot 62, originally extended into Weare, but the majority of the land was in New Boston. Clifton ran a commercial gravel pit operating in a portion of map 2 lot 62 with frontage and access in Weare. There is no record he applied for statutory permission to grandfather the pit. He did apply and received permission to take 10,000 cubic yards from “the pit”. In 1991 Clifton submitted a site specific per RSA 485-A to DES. The town recently got a copy of this from the state offices in Concord, not from Clifton. The site specific defines the pit area and shows the pit extended into Weare but the largest part was in New Boston. Clifton had the right to operate the pit, as he had been
operating prior to zoning. But, over the years he changed the configuration of the mother lot, by subdividing and eventually selling those lots, thereby drastically changing the configuration and ending the “grandfathered” right to operate the pit despite zoning. There was no issue until the late 1990’s. In 1998 a law was created for a procedure for assessing removal of gravel. A new form went out from the NH Department of Revenue Administration. This is the first time the pit area is “defined as 10-acres. The mention of 10 acres was always intended to be an approximation as the form said “10 acres + or –.“ The gravel pit boundaries were evident. Satellite photos show the shape of the pit consistent with the 1991 plan up until 2004. Nothing changed at the pit until 2007 when the first application for removal of material from the 3-3 lot was received. This is when Twin Bridge was
operating the pit for Clifton. Access to the property on the site specific showed access into 3-3 and it became known that they were already operating in 3-3 without permission. In March 2007 the Selectmen told them they had to stop. Then they came in with a new application and the Selectmen told them they could not operate in 3-3. The Selectmen asked Kim and Assessor George Hildum to take pictures and GPS at the pit at that time. The GPS results were consistent with the other information. The pictures show pit boundaries of dense woods and water. Twin Bridge was asked to reclaim 3-3, which they did. In 2008 Twin Bridge applied for several permits. Clifton sold the pit to Twin Bridge on February 12, 2008. The Planning Board approved a subdivision a couple weeks later with the conditions that the pit should not be active during construction of the roadway. This new subdivision has changed the configuration of 2-62
again. Currently, it is only 20 acres and is in a different area. NH DRA issued a warning. The town received applications and checks from Twin Bridge that were never deposited and cashed and should be returned. Twin Bridge withdrew their commercial permit application and changed it to show incidental use. At the April 14, 2008 Selectmen’s meeting Jay Marden said there was timber cutting outside of the permitted area and Twin Bridge said they had a couple more acres to open to equal 10 acres but the Selectmen told them they had to stay within the GPS’d area. A cease and desist order was issued because it was apparent they had cut into the tree line. Twin Bridge felt this was incidental, therefore exempt. They met with the Selectmen again on June 16, 2008 where they were given permission to operate as “Incidental to Construction” and they applied for further incidental use at that time. Kim went out again
July 8, 2008 and observed an additional 2.5 acres disturbed per GPS within and without the 10 acres and took photographs showing timber removed without a permit or notice of intent to excavate. Therefore it is Bill’s opinion that the Selectmen were fully justified in issuing the cease and desist and allowing it to remain in place but for the incidentiality hearing. The lots are also located in a manufactured housing zoning district where excavating other than incidental is prohibited. Bill recommended the Selectmen notify Twin Bridge of this. David moved the Selectmen deny Twin Bridge’s motion for reconsideration dated June 5, 2008. Christine seconded the motion. All were in favor. Jay Marden was present and expressed concern about the new shoreline protection act as they have been known to cut timber indiscriminately and he recommended the cutting be observed as well when the pit is visited soon. The state forester was
there in February and marked it. Twin Bridge voluntarily put in a 250’ buffer. The forester found some encroachment but not enough to act under state law. However, the shoreline protection act has since been put in place. Christine moved the cease and desist remain in force except for the June 18, 2008 decision regarding incidentiality. David seconded the motion. All were in favor.
3. 8:00 PM Evaluation Committee
Planning Coordinator Nic Strong was present with members of the evaluation committee to meet with the Selectmen to discuss the committee’s final recommendations for the evaluation process. She said the committee started working in March 2008 by looking at the current forms and procedure, researching other forms, drafted a revised simplified form and discussed a biannual review system of narrative in the spring and performance based in the fall. An employee input form will be mandatory as well. Training for the new procedure is scheduled for August 12. The employees will meet in the morning and the managers will meet in the afternoon. The Selectmen will attend both sessions. The committee will meet again before the training. Primex came and liked the evaluation form and how the employees
became part of the process. Primex offered to come back before the spring review and are willing to come back yearly for ongoing training. The committee asked the Selectmen to approve a 2-year trial of the new system. The Selectmen agreed but also said this could be revisited if there is some problem and the employees decide not to continue with the new procedure. The Selectmen are concerned because of the complaints employees have brought to them in the past. Gordon requested a master schedule be prepared. Brandy Mitroff was concerned as a member of finance that the budget numbers for payroll would be real at budget time and was told they would.
4: 8:30 PM Peter Baudanza Temporary Trailer Extension
Mr. and Mrs. Baudanza were present to discuss an extension of their temporary trailer permit with the Selectmen. They have been building a house on Cochran Hill Road and staying in a trailer on the property behind the house during the summers for about 2 years. They are now getting ready to insulate and sheetrock. Building Inspector Ed Hunter was there a couple weeks ago inspecting the plumbing and wiring. They said they have spent about $300,000 between the barn and house they are building so far. They expect the house will be habitable in about 2 years. David moved the Selectmen approve a two-year extension of the temporary trailer permit from July 14, 2008 to July 14, 2010. Christine seconded the motion. All were in favor. Burton will send them a confirmation letter.
D. APPROVAL OF MINUTES:
Minutes of June 30, 2008 - 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: There has been no Planning Board meeting. A sitewalk at the Ackerman’s will take place tomorrow. Police Chief Chris Krajenka asked the Planning Board observe the fence and stall techniques at the sitewalk to make sure they are in order.
2. Survey-
· Cathy Widener asked about the status of the Selectmen review of the personnel manual. The Selectmen met and completed their review. Burton has been working on organizing it and adding the new evaluation process and new policies suggested by the auditors. The Selectmen are still reviewing the new policies. It could be a while before it is all finalized. Burton will give the portion the Selectmen completed to the committee.
· Burton gave the performance improvement plan form to the department managers for their input. It will be modified.
3. Road Standards Letter-John Bunting gave Gordon and the Planning Board a diagram comparing the widths of roads and width of emergency vehicles. The Selectmen approved a letter outlining their position and will send it to the Planning Board, Fire Department, Road Committee and any other affected departments. They prefer the 22-foot travel way width and feel designing roads to follow a greater degree the natural topography would be more effective at achieving the desired results.
F. NEW BUSINESS:
1. Town Common Letter-Approved by the Selectmen to be sent to the Garden Club members.
2. Fuel Oil-Fuel was $2.30 per gallon last year and the town received a quote from Fred Fuller of $4.30 per gallon this year. Usage is decreased some because the Town Hall boilers were recently replaced. Usage could be decreased at the Highway Department. Ways to decrease usage and improve energy efficiency at the Town Hall were discussed such as replacing windows and insulating. Burton will contact the Climate and Energy Committee for suggestions.
3. Telephone Service-Fire Chief Dan MacDonald, Kim and Burton met with Cindy Garrett the overseer from ACS who now supplies telephone service through the internet. Burton is researching department phone bills and comparing to the plans offered to see if it would be worthwhile to use the new service. The Selectmen suggested he contact other towns that have it to see if they like it and if it is reliable.
4. SNHP Representative-Brent Armstrong will continue in this position.
5. Change in ID Card Fee-The ID card fee has gone from $1.50 to $1.75 each with a minimum fee of $10.
6. Mid year Financials-The deputy clerk budget has 1/3 left. The Highway Department is working on its budget to try to have $40,000 in the fall for plowing. The Department Managers were told to watch their fuel and fuel oil budgets because they did not anticipate the current high prices.
G. OTHER:
1. The Road Agent’s truck is at the dealership to be picked up and brought to Vermont for the dump body to be added.
2. The NH DES permit for the Tucker Mill Road project was received and the Highway Department will work on it this month.
3. A camper from the Friendly Beaver cleaned up the brush around the stop sign at the bottom of Old Coach Road to improve visibility.
4. A context sensitive solutions meeting is scheduled for July 16 at 6:30 to look at the intersection and discuss solutions.
5. The logger that did the timber trespass at the railroad bed wrote to the Selectmen on July 11, 2008 asking if anything needed to be done there to repair it. Kim will send him a letter explaining what needs to be done.
6. Mary Pinkham-Langer from NH DRA wrote regarding Warren Houghton’s question saying he is not grandfathered under the gravel ordinance even though DES determined he was grandfathered from having to prepare a site-specific plan.
H. PUBLIC COMMENT: No comments at this time.
I. ADJOURNMENT: Christine made a motion to adjourn the meeting at 9:52 PM. David seconded the motion. All were in favor.
Prepared by Maralyn Segien
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