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Selectmen's Minutes 01/02/2007

January 2, 2007

PRESENT:  Selectmen Emma Smith, Stephen White, William Roach and Richard Leone.  Town Manager Donna Nashawaty.

ABSENT:  Selectman Fred Gallup.

OTHERS:  Librarian John Walden, Peter Urbach, Rhonda Gurney, David Brown, Catherine Busheuff, Stephen Nilsen, Dan Benz, Carolyn Dube, Carolyn Stoddard,  Betsey Katz and Lisa  Bozogan.

The meeting was called to order by Chairman Emma Smith at 7:00 PM.


Catherine Busheuff stated that she wished to speak about the library.  Emma Smith informed her that the library was one of the agenda items and she could speak during that discussion.




Please see copy of agenda attached to file copy of minutes.


A.  Resignation – Brenda Huff, Library Trustee

A letter of resignation from the Library Trustees was received from Brenda Huff.  Motion was made by Richard Leone to accept the resignation with regret.  The motion was seconded by Stephen White.  The vote was unanimous and the motion carried.  

B.  Appointment – Richard Dalrymple, Abbott Library Alternate Trustee

Peter Urbach, Library Trustee, informed the Selectmen that Mr. Dalrymple decided he did not want to be appointed as Library Trustee alternate.

Board of Selectmen
January 2, 2007

C.  Library Site

Donna Nashawaty read from a letter she received from Town Counsel, Tim Bates.  She related to Town Counsel that in 2003 the town voted to build a new library on the Ski Tow hill property.  She also informed him that the property is  town forest.  Counsel stated that since the property does lie in town forest, he recommends that an article be placed on the 2007 Town Warrant to remove the property.  Stephen White stated that he felt the Selectmen should abide by Counsel’s recommendation.   Richard Leone asked if the property was contiguous or had it been merged.  Peter Urbach explained the property contains two lots but the line between the two lots is not defined.  The lower lot that the Trustees would like to build on is meadow only and does not contain any forest.  P. Urbach furthered explained that the Trustees went to probate court to determine if a library could be built on the property.   There are restructions on the use of town forest.  The court declared that a library could be placed on the property.  P. Urbach stated that the court was aware that the property is in town forest.  P. Urbach stated that the Conservation Commission  was also aware that the property would be used to construct a library.  Emma Smith read from RSA 31:11 which apply to buildings on town forest property.   She agreed that an article should be placed on the warrant for the voters to decide.  The  property is on Map 133 and designated as Lot 3.  Dan Benz questioned if the back lot  would be landlocked.  Donna Nashawaty explained that the Town would still own both parcels and would be able to cross over the library land to the rear lot.  Catherine Busheuff asked if the Town would be the owners or the Trustees.  D. Nashawaty explained that  the property would belong to the Town but according to State Statutes, it would be controlled by the Library Trustees.  Discussion was held on the owner of the present Abbott Library.  D. Nashawaty explained that the Town owns 25% of the property.   The  Library Trustees own the remaining 75%.  Richard Leone stated that he felt there are two issues that should be resolved.  The first is maintaining a right-of-way over the front lot to the second lot.  Also, do the Library Trustees have the right to sell the Abbott Library.  D. Nashawaty cautioned the Board on the receipt of any funds for the purchase of the Abbott Library property because private funds (donations, etc,) and cannot be mixed with public  funds.  If the Town wished to keep the property, it would have to buy out the Trustees.  With regard to the Ski Tow site, Peter Urbach explained that  out of the approximately 10 acres , only two acres will be needed for the new library.  Richard Leone stated that he would like to see only the property with the library, such as two acres, be taken out of town forest and the remainder stay in Town forest.   D. Nashawaty stated that she has spoken with Van Webb, Chairman of the Conservation Commission.  The Ski Tow property will be discussed at the commission’s next meeting.  Betsey Katz asked what regulated the use of town forests.  Stephen White explained that there is no designation in the RSA’s.   In reference to the petition article regarding the use of Ski Tow for the library, Donna Nashawaty reminded the Board and those present that petition articles must be in the Selectmen’s Office by 5 PM,  Tuesday, January 9th.  

Board of Selectmen
January 2, 2007

Stephen White made a motion to put an article in the Town Warrant to remove the entire 10 acres of the Ski Tow property from town forest for the construction of a library. There was no second to the motion.  William Roach explained that he did not see it necessary to remove the entire parcel.  Motion was made by Richard Leone that an article be placed in the 2007 Town Warrant to remove 3 acres from the Ski Tow property for the construction of a library.  The motion was seconded by Stephen White.  The vote was unanimous and the motion carried.  Catherine Busheuff asked if the Selectmen would be putting their recommendation on the article.  D. Nashawaty explained that the Selectmen no not have to because the article would not be considered a “special article”.


A.  Review of Budget for Public Hearing

Donna Nashawaty explained that as recommended by the Budget Advisory Committee, she combed thoroughly through the proposed budget and after consulting with department heads,  the new total request is  not $3,867,916.  This is a reduction of $58,447.  A copy of her explanation is attached to the file copy of these minutes.  Stephen White commended the department heads and D. Nashawaty for their efforts.

Donna Nashawaty informed the Board that with regard to the $900,000 bond for the Lake Avenue project, she has found a rate of 4.25%.  She will give the information to the Water and Sewer Commissioners for discussion at their next meeting.

With regard to the warrant articles, the Selectmen will decide to recommend or not recommend before the public hearing scheduled on January 11 at the High School at 6:15 PM.

The tax incentive article will be discussed at a meeting of the Board on January 15, 2007. The Board will meet at 5:30 PM, before the regular meeting beginning at 7 PM.

Donna Nashawaty distributed to the Board a copy of the bill Representative Sue Gottling will be presenting to the House.  A copy of the bill is attached to the file copy of these minutes.  The bill addresses County apportionment.  The Board of Selectmen and D. Nashawaty expressed their pleasure with the wording of the bill.  Stephen White stated that he would also like to see a bill presented that would require the County to list actual amounts of services rendered  to each community.  

Stephen White reported that he attended a CHAD meeting to learn more about the boat launching to benefit CHAD.  He stated that a good portion of the harbor will be taken up

Board of Selectmen
January 2, 2007

with this event and suggested that the launching area be closed off to the public for a few hours.  People could still launch at Georges Mills.  S. White also informed the Selectmen
that the firemen will not have their Jamboree this year due to lack of attendance.  The Police Chief will be consulted about traffic control.  David Brown suggested a coordinated effort such as roping off a portion of the harbor for the CHAD event.  Catherine Busheuff  suggested that the CHAD organization speak with the Town of Newbury.  She feels a cooperative effort is needed.  It was agreed that this would be an item for discussion on  the January 15th Selectmen’s agenda.  D. Nashawaty will invite the Police Chief to the January 15th meeting.  A representative of CHAD will also be invited.  

The meeting adjourned at 9:55 PM.

Submitted by,  Darlene Morse                    Approved

Emma Smith, Chairman                            Stephen W. White, Vice Chairman

William Roach                                   Richard Leone

Frederick Gallup