TOWN OF NEW HAMPTON BOARD OF SELECTMEN MEETING MINUTES TOWN OFFICES NEW HAMPTON, NH January 26, 2012

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1 TOWN OF NEW HAMPTON BOARD OF SELECTMEN MEETING MINUTES TOWN OFFICES NEW HAMPTON, NH January 26, 2012 MEMBERS PRESENT: OTHERS PRESENT: CALL TO ORDER: WORK SESSION: Chairman Paul Tierney and Selectman Kenneth Mertz were present. Selectman Nathaniel Chip Sawyer arrived at 6:27 p.m. Town Administrator Barbara Lucas was present. Neil Irvine was also present. Chairman Paul Tierney called the regular meeting of the Board to order at 6:01 p.m. Building Permit Tilton Realty Trust, Tax Map R-11, Lot 17: HOLD. Building Permit GC-Denco, Inc. at Tedeschi Foods: GC Denco is doing electrical work on 1/30 to install display cases, remove fixtures and replace them at the former Munce s facility. No application has been received as yet, but a letter was received outlining the work they planned. Mrs. Lucas asked if the Board might authorize the building permit to be signed by a selectman so the work can proceed. The Board agreed that Mr. Mertz could sign the permit. Sign Permit New Hampton Delta, Tax Map R-20, Lot 8: HOLD Sign Permit Circle K/Self Services, Tax Map R-11, Lot 7: After reviewing the history of the signage for the property, it was confirmed that the sign area in question was previously used for a Quiznos franchise, and has been blank for some time. After review and discussion, the Board approved the sign permit for Self Services which sought to install the sign at that location. Intent to Cut Tax Map R-10, Lot 27: Misc. Correspondence Manifests, bills, requisitions, purchase orders and leave request forms were processed as follows: A requisition from Chief Salmon for equipment to outfit the new officer hired last week and approved by the Board. Mrs. Lucas and Mr. Tierney looked at a rug for the upstairs conference room at the Town Office and for 10 chairs on rollers. The total would be $400 for the rug and chairs. Mr. Mertz offered a sheet of ¼ inch subfloor plywood for filling in the area which had no subflooring. Mr. Tierney met with Bob Temple who would be willing to install acoustic ceiling gratis for the Town. The materials would cost $650.

2 APPOINTMENTS: Bob Hirschfield, Wallingfords on NH Route 104 6:30 p.m. Paul Gatehouse Conservation Easement 7:00 p.m. Mr. Hirschfield did not appear. Mr. Gatehouse had spoken with the Board regarding his desire to subdivide his property, a portion of which has a conservation easement. He thanked the Board for relaying the information from the Town s counsel and advised his own attorney, who is familiar with real estate and municipal law, prepared a letter with different findings for the Board to consider. Mr. Gatehouse acknowledged the Board would want to discuss this letter with their counsel but asked if there were any questions or information he could provide tonight. Mr. Tierney advised the Board would review the letter and if it had merit would give it to Town counsel for their recommendation. Mr. Gatehouse pointed out some concerns in the letter which he felt would be best handled by a discussion directly between the attorneys. The Board advised they would review the letter and go from there. Mr. Gatehouse thanked the Board and asked if there was some timeframe he might get a response. Mr. Tierney advised that it would be within three weeks. Mr. Tierney asked the Board if they wanted to review the letter or go ahead and send it to Counsel. The consensus was to send it to counsel. The second question was whether the Board wanted to authorize Town s counsel to speak with the Gatehouse s attorney. The consensus was to refer this to Town counsel and see what they recommended. Bob Deleault Pemi Condo Pemi Shores, Building Permit 108 Campground Road 7:30 p.m. Mr. Deleault and his wife own a condo at Pemi Shores. He wishes to tear down the building and rebuild on the same foot print with the addition of 8 feet of the limited common area on the west side, and seven feet in the back on the limited common area parallel with Campground Road. His plans were presented and approved by the condo association. The existing structure has 2 x 4 construction from the 1940 s and extends into the town s 35 setback. His plans would make the non-conforming use a greater non-conforming use. This would require a Special Exception granted by the ZBA. He was advised of the criteria his application would have to address before the ZBA. Mr. Deleault noted that if he was successful with the ZBA he would then have to discuss the Plan with DES because he is currently 68 feet from the lake and the Shoreline Protection Act requires 250 feet from the waterline. In order to have water year round, he would also have to get a permit from the Board to run a water line across Old Route 104 because it would include disturbing the roadway. This would require a bond to be posted. Mr. Deleault plans to apply for the Special Exception first; then the DES Shoreline Protection permit, and then he would apply to the Town for running a waterline across the town road. He thanked the Board for its time. DISCUSSION ITEMS: FEMA Grant Permit The EOC equipment grant from FEMA totals $40,012. Mr. Mertz made a Page 2 of 6

3 motion to accept the grant, seconded by Mr. Tierney. The motion was passed. It was noted that the Town s portion of the grant was satisfied by building costs for the EOC center at the Public Safety Building. Mrs. Torsey, Town Clerk, notarized the signature. Review of Warrant Articles The Town attorney and the DRA reviewed the warrant articles, and some alterations were made. Article 4 had the appropriation rounded to zero cents. Article 5 has slight wording changes from the Town attorney and DRA. Article 6, which is $25,000 from the Special Revenue Fund to partially pay the bond payment, has also had a slight wording change. The DRA requested wording to state this is not part of the budget. As a result, $25,000 was removed from long term notes and bonds in the budget. Article 8 did note the old figure for the culvert replacement. This was changed to the correct figure. Article 10 was re-written by the attorney and accepted by the DRA. The section regarding the previous year s warrant article has been made a separate sentence. Article 11 also had a minor change by the Town s attorney. Mr. Mertz asked if an article to authorize disposal of surplus items for the equipment and fixtures from the former fire station was required. Mrs. Lucas advised that was done last year to dispose of the baler because it had been a gift, and it was required for tearing the fire station because it was a town property. She noted no authorization is required for personal property. The town cannot dispose of land or buildings without voter authorization, but equipment, vehicles, and that kind of thing are permitted. Mr. Mertz asked if tax deeded property is considered town property. Mrs. Lucas confirmed it was but a warrant article had been passed previously until rescinded which granted that authority to the Board. Mrs. Lucas noted the Town has always noted the Select Board s recommendations on appropriation warrant articles for many years. The law states it is only required on some appropriations; for example, to create a capital reserve account. It has been suggested by counsel the Board could chose to add a warrant article to seek authorization to add its recommendation to all warrant articles with an appropriation. Mr. Tierney read the suggested wording to the Board: Shall the town vote, pursuant to RSA 32:5, V-a, to require that the selectmen make recommendations relative to all budget items or warrant articles that include appropriations, and that such recommendations be printed in the town warrant next to the affected warrant article? The Board discussed it did not want to make recommendations for some items, for example petitioned warrant articles on social issues. Mrs. Lucas advised this wording was simply an authorization for what the Town has been doing for years. Mr. Irvine asked for clarification of the change to Warrant Article 6 in which the DRA recommended removing the $25,000 from the budget number. Mrs. Lucas explained the DRA advised these funds were being taken from the Special Revenue Account to assist in bond payment for the Public Safety Building. If the article did not pass the $25,000 would have to be found somewhere else in the budget to make the required payment on the bond. Page 3 of 6

4 All were agreed this would be a huge problem given how tight the operating budget was already. Mrs. Lucas suggested she preferred the original wording of the article. Mr. Sawyer pointed out the Board could amend the article on the floor. Mrs. Lucas can contact Town counsel to have appropriate wording ready for an amendment on the floor. However, after discussion, the Board decided to try and return the wording to its original state. After she speaks with the DRA tomorrow, she will have the warrant articles ready for the Selectmen s signatures and contact each of them so they can stop by the Town Office to sign them. She noted they have to be posted on Monday s date. The Board then reviewed the warrant articles for which they would note their recommendations on the ballot: Article 5: Mr. Mertz made a motion to recommend the article, seconded by Mr. Sawyer. The motion passed. Article 6: Mr. Tierney made a motion to recommend the article, seconded by Mr. Sawyer. The motion was passed. Article 7: Mr. Sawyer made a motion to recommend the article, seconded by Mr. Tierney. The motion was passed. Article 8: Mr. Mertz made a motion to recommend the article, seconded by Mr. Sawyer. The motion was passed. Article 9: Mr. Tierney made a motion to recommend the article, seconded by Mr. Mertz. The motion was passed. Article 10: Mr. Tierney made a motion to recommend the article, seconded by Mr. Sawyer. The motion was passed. Article 11: Mr. Mertz made a motion to recommend the article, seconded by Mr. Tierney. The motion was passed. Article 12: Mr. Sawyer made a motion to recommend the article, seconded by Mr. Tierney. The motion was passed. Mrs. Lucas noted there were changes to the budget after the hearing which reduced the tax rate 5 cents per thousand. Mrs. Lucas provided the Selectmen with the form required to be posted with the warrant which will require signatures from the Selectmen. Mrs. Lucas reviewed the paper work for the Board before they signed the forms. All the purposes of the departments, last year s budget and appropriations, the budget and operating budget and the default budget were listed. The warrant articles for this year, with the warrant articles from last year are also listed. She noted some of the articles show zero expenditure and this represents grants that were not awarded to the town. She also pointed out the warrant articles that were non-lapsing which have carried over from last year. The forms were reviewed by the Board. All of the materials will be sent to Mr. Tierney to set up the PowerPoint presentation for the deliberative session. Timber Warrant The Board reviewed and signed a timber warrant in the amount of $ Public Safety Building 1. Substantial Completion from Ricci Construction: was sent to John Ricci with the Town s determination of value of unfinished and repair/replacement items to be held. from Clerk of the Works Tim Smith dated 1/18/12 provided the Board with his recommendation and Page 4 of 6

5 comment. The figure is $20,000. No response has been received as yet from Ricci Construction. 2. Revised Precinct electric bill: Fred Smith advised the Town had been charged for removal of the transformer in error. A corrected bill of approximately $1,000 less due will be paid by the Town. Abatement for Tax Deeded Properties Vachon Clukay Highway Complaint Two trailers in the campground require taxes for 2011 are abated so the properties can be tax deeded. The Board approved the abatements. Vachon Clukay sent a letter of understanding for auditing services for the coming year. Mrs. Lucas reviewed these and found no issues. With no objection, the Board Chairman signed the paperwork. A complaint from a resident on Wolf Den, dated 1/24/12, advised the road was not plowed and sanded enough over the past year and that the driver who did the plowing was too fast on the road. Mr. Boucher was asked about three other complaints received regarding ice on roads. DRA Action Report Letters for review Police Department Activity Weeks of 1/9 thru 1/22 Michael Sharp OTHER BUSINESS: PUBLIC COMMENT: An assessment review by the DRA has been completed. Once the equalization ratio for the Town is set, the DRA representative will make an appointment to discuss the results with the Board of Selectmen. A copy of the letter mailed to Mr. & Mrs. Thomas Ruescher notified the owners of expiring building permits and that occupancy permits were required. A similar letter was sent to Mr. & Mrs. Stephen Walker. If the work was not complete at their respective properties, they were advised of the steps required to get extensions for their building permits. The report of Police Department activities was received and reviewed by the Board. The court hearing regarding the property on Riverwood and Route 104 has been rescheduled by Court for April 23 rd. Mr. Mertz ordered the cabinets for the Police Department and expects to have them delivered on Monday. Mr. Neil Irvine advised the Board he had filed as a candidate for Selectman. HB 648 passed the Senate yesterday. This is legislation regarding eminent domain. This will go back to the House with the amendments for their approval. An amendment put forward by Senator Larson proposed establishment of a state owned corridor for energy transmission. Mr. Irvine felt that three property owners in New Hampton have a reprieve from the possibility of having the rights of way expanded on their properties without their consent. However, the discussion and the politics will continue. Page 5 of 6

6 FOLLOW UP ITEMS: Follow up discussion of the following items was tabled: 1. Central Street Bridge Sidewalk Silicone Seal Repair 2. New Hampton School Draft Easement for dry hydrants on fire ponds. 3. Dion Fence installation per meeting on 8/4/11 4. Drug & Alcohol Policy Review for possible updates. Samples sent to Selectmen. ADJOURNMENT: It was moved by Selectman Mertz to adjourn, seconded by Selectman Tierney. The vote passed and the meeting adjourned at 7:55 p.m. Respectfully submitted, Kristin J. Harmon Page 6 of 6