Town of New Boston
Selectmen's Meeting
June 2, 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 Gerry Cornett Transfer Station
Transfer Station Manager Gerry Cornett was present to meet with the Selectmen to discuss the status of projects at the Transfer Station.
· Gerry feels it is not a good time to institute fees at this time because of the direction the economy is turning. However, he does suggest implementing a fee for e-waste of $3 for each laptop, CPU, printer and scanner and $5 for each microwave. The town already charges $10 for each TV and $5 for each monitor. The town is charged by the trailer load to take it out of town. The Selectmen want to make sure any fees are reasonable, equal to what it costs the town to get rid of the item and less than what surrounding towns are charging. Gerry suggested not implementing a fee for furniture except for bulky weight of 3-5 pieces of furniture or more. The
new fees will be announced for e-waste and bulk furniture and will be effective August 1.
· The trash hauler has been charging $150 for a “fuel surcharge” each time he comes to the Transfer Station to haul items out. This is the correct fee due to high fuel prices according to the contract he has with the town. However it seems extreme and Gerry is trying to work with the trucker and Weare who he also hauls for to arrange a more reasonable fee. Gerry offered to get permission for him to fill up at the town pump on occasion with certain conditions but the trucker did not seem interested in this option. He is meeting with his lawyer Tuesday and is expected to offer a more reasonable set fee per trip on Wednesday or Thursday. Gerry
will inform the Selectmen of his answer when it is received. The Weare Transfer Station Manager is interested in a truck co-op with New Boston.
· Transfer Station Status: Things are going well. The recycle rate is 40%. Capitol Trash is doing great with recycling and their rate exceeds 40%. There are now 2 haulers in town. Improvements have been made at the main gate where the right bank was pushed back for a better sight line and stumps were removed to the left for a place to put snow in the winter and for a better sight line on that side. The Transfer Station Manager from Weare will weld the Stecco trailer and paint it to match the other trailer in exchange for an auto-closer New Boston has no use for. A rock retaining wall was built at the steel area which gained them 25 feet for
snow plowing and room for a second steel container. The rate is now $300 per ton for steel. The paint and supplies for the hopper are now in. It will be epoxy coated and the oil will be changed. The hopper has been in for 4 years and it is in great shape.
· Gerry is requesting the Selectmen allow the Transfer Station employees to have the day after July 4th off this year as it is a Saturday and there was not much activity at the Transfer Station that weekend last year. The change will be well advertised to the public. This will allow the employees to have a rare first long weekend off. The Selectmen agreed.
Move to enter Non-Public Session: David made a motion to go into Non-Public session per RSA 91-A:3II(c) at 7:35 PM. Christine seconded the motion. All were in favor.
Move to exit Non-Public Session: David made a motion to exit Non-Public Session at 7:40 PM. Christine seconded the motion. All were in favor.
Selectmen accepted the resignation of Gerry Cornett from the maintenance oversight position.
2. 7:30 PM Twin Bridge Management Gravel Pit
Representatives of Twin Bridge Management were present and were told that the Building Inspector has indicated that work is continuing in an unpermitted area. The Selectmen asked them if they are going to comply with the cease and desist notice they were issued last week. If not, the town plans to take legal action. The Selectmen said that on April 14 Twin Bridge Management was told the plan with the new digging area was not in the scope of the permit. Since then the town has obtained the site specific from 1991 showing the permitted area and Twin Bridge is digging outside the permitted area. Twin Bridge Management was told they do not necessarily have a total of 10 acres; they just have to the extent of the original Clifton Wilson permit. It is the town’s position that the excavation that is
going on now is not within the original 10 acres Clifton Wilson was permitted for. Twin Bridge Management’s lawyer Charles Cleary disagrees. The Selectmen said Twin Bridge Management doesn’t have a permit from last year because the property ownership has changed but Twin Bridge Management says they do have a permit from last year in their name after the property transferred. Town Attorney Bill Drescher was present and said circumstances have changed and Twin Bridge Management is excavating outside of where the original limits were. Charlie said this is irrelevant and they can excavate within 10 acres at a time anywhere on their property. He believes Twin Bridge has a permit now but the Selectmen never signed off on a permit this year. The Selectmen were willing to entertain a permit under the same conditions as last year but not opening a new area. Twin Bridge was told they need to start a new process with the Planning Board and
ZBA to start excavating into the 1.9-acre section on their plan entitled “new gravel pit.” The Selectmen didn’t agree to the 1.9-acre extension. Tris Gordon said Clifton Wilson always graveled in that 1.9 acre section and when they bought it he told them he got his best septic sand from that area and he was headed into there. The Selectmen said the 10-acre approximation permitted in the past was not a precise measurement. When you look at the site specific from 1991 you can see Clifton Wilson had only 8.1 acres. That doesn’t mean Tris can excavate from 1.9 more acres without permission. It may be found that they need a variance because they are in a manufactured housing zone but that is not the purpose of this meeting and will not be decided tonight. The town has issued a cease and desist and Twin Bridge Management is violating it. The cease and desist pertains to commercial use only. Twin Bridge Management
says they have only been using the material on their property and haven’t been selling it. Twin Bridge Management was told that an intent to excavate form is different from a permit. They don’t have the basis to go forward. They have to stop. It was decided that Charles Cleary’s office will provide to Bill Drescher the following before the public hearing to support Twin Bridge Management’s claim that the EMR project is incidental before the Selectmen consider incidentiality: 1. hours of operation, 2. list of equipment, 3. dust control measures, 4. defined locations material from and to, 5. duration of incidental use, 6. road protection measures, 7 how much has been taken out and how much is left to take out, 8. agreement of how much can be taken, 9. restoration, 10. defined area of excavation, 11. description of amount, where needed and why it is incidental.
When the permit is given the usual form will not be used, instead these details will be listed on the permit. The Selectmen will schedule a public hearing at the next Selectmen’s meeting June 16. It will be noticed in the Goffstown News or the Union Leader this week. The new lot marked incidental to construction will also be considered at the public hearing. In the future supplementals can be filed for this purpose. An abutters hearing may not be necessary in this instance but this is what the parties have decided to do due to the scope of the project, controversy and the fact the abutters were told they would be notified and a public hearing would be scheduled. The abutters will be told public hearings are not always required. Bill will be present at the hearing. Twin Bridge Management cannot excavate any material until this is resolved. They are allowed to remove stockpiled material. Twin Bridge Management says
they need material and can’t stop removing it from the pit because of building and development deadlines. The Selectmen said when they plan to open a new area they need to come in and open a new phase with the Selectmen. Tris said for phase 1 and phase 2 on their site specific they are willing to go through the zoning procedure. The Selectmen may allow them to use the 1.9 acres exclusively as incidental after the proper paperwork is filed and approved. Twin Bridge Management needs 19,000 yards total for incidental. Complaints have come in to the Selectmen that Twin Bridge Management is not running their operation within the gravel regulations. Burton will fax the complaints to Charlie tomorrow. Twin Bridge Management was reminded this is not the first time they have excavated outside of the confines of the permit. Tris said that prior area has been reclaimed and they have taken additional efforts to clean up the lot. He
feels this dispute and cease and desist order over 1.9 acres was unnecessary and could have been worked out in May. The 8.1 acres permitted is reclaimed and he needs the 1.9 acres to finish the subdivision. He said he was told the only thing the town needed from him was the $7,000 bond, he has provided it, the town took it and still he doesn’t have a permit. The Selectmen clarified that “currently permitted area” not “10 acres” was meant in the April 14 minutes of the Selectmen’s meeting. The Selectmen might not have an issue with the incidental use but commercial use is an issue.
A short recess was taken to discuss a matter with counsel.
D. APPROVAL OF MINUTES:
1. Minutes of May 22, 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.
2. Non-Public Minutes of May 22, 2008 - The Selectmen reviewed the non-public minutes. David moved that they be accepted. Christine seconded the motion. All were in favor.
E. OLD BUSINESS:
1. Planning:
· Road standards were discussed.
· Louis Nixon met with the Planning Board to discuss a potential 2-lot subdivision off Lyndeborough Road where his house would be a backlot.
· A sitewalk for the Byam Road lot was cancelled because it is in compliance.
· A sitewalk is scheduled for Tuesday for compliance at the Bunker Hill stables.
2. Survey- Gordon did not attend the evaluations committee meeting but received a note from the committee saying the Selectmen have casually discussed decoupling a raise from the rating when the Selectmen have been saying that at every meeting. Nic Strong replied and said the committee will discuss it with the Selectmen. The committee is suggesting 3 rating levels but the Selectmen want 2-yes or no/pass or fail. An input form completed by each employee may be required v. optional in the future. The new evaluation form will include a listing of considerations for the category right on the form instead of on a separate form. The Selectmen are not convinced additional training for employees on how evaluations are done and the need to accept
their ratings will reduce the dissention relative to the reviews. Municipalities have problems because the ratings are public and everyone knows what everyone else makes. The Selectmen would like to use a bonus system. The committee will meet with the Selectmen June 10 at 10:00am. The meeting with Primex on the topic of communications with the Selectmen and Department Managers is scheduled on June 11 from 5-8:00pm. The Selectmen will review the personnel manual June 13.
3. Tracking Station Meeting-A representative from the Tracking Station can meet with the Selectmen at the Town Hall to discuss the bomb disposal procedure and will call Burton with days they are available to do this.
4. Nan’s House Oil Containment-In 2004 the state inspected the water supply system at Nan’s House that serves Nan’s House, the library and the coffee roaster’s building owned by the Parker’s and said there were concerns that oil would go directly into the soil if there was ever a leak. It was passed with caution at that time. Dave notified the church of the situation. Bob LaPointe quoted $1,000 to build a containment box under the two oil tanks. Nothing was done until the town was recently notified that the church has had the work done (new concrete pad, new tanks and piping/containment vessels) and it cost $2,900. The church requested the town help pay for the work. The town had previously agreed to split the cost of the
improvements between the church, town and Parkers with each paying a third. The reason this was done is because the town asked the church to look into it but the town was not included in the decision of how to remedy the situation. Burton will call Louise Robie from the church and ask if the new tanks are double wall tanks and will check with the rules and regulations Gerry is using for oil containment at the Transfer Station. The town will probably help pay for 1/3 of the cost.
F. NEW BUSINESS:
1. River Level Gage at Howe Bridge-The Federal Government (US Geological Survey) has decided this is needed at Howe Bridge and will come back and do it. They will contact Burton again with more details. A gage had been at this spot for years but deteriorated into disuse and was removed a few years ago when Howe Bridge was replaced.
2.
G. OTHER:
1. The status of Highway Department projects were discussed:
· They will be asked to clean the culvert on Cemetery Road.
· Signs are up notifying drivers of the Bog Brook Road project.
· Town sewer drain flow is being investigated.
· Road Agent John Riendeau never did the 2007 evaluations of his department employees. He will be told he has to have them done early this year or there will be consequences.
· The holding tank has been installed for the floor drain in the Highway Shed.
· John and Burton discussed the part time summer employee that was approved in the budget for this year and decided to hire someone who is willing to work only occasionally, not regularly or not hire for this position this year to save money for the winter maintenance budget.
· John was asked to list his outstanding projects by priority.
2. The Selectmen want to stay in the temporary trailer permitting process unless zoning can be updated to require it to make sure they are really temporary. The Temporary Trailer ordinance was originally designed to prevent people from keeping a trailer on their property in lieu of a house for many many years. Building inspector Ed Hunter will be contacted about this again.
3. Ray Shea is working on the Wheeler Gravel Pit’s site specific needed for their permit and he has requested an extension.
H. PUBLIC COMMENT: No comments at this time.
I. ADJOURNMENT: David made a motion to adjourn the meeting at 9:38 PM. Christine seconded the motion. All were in favor.
Prepared by Maralyn Segien
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