NEWBURY BOARD OF SELECTMEN
MINUTES OF APRIL 17, 2006 MEETING
Selectmen: James Powell, Richard Wright, Gary Budd
Town Personnel: Dennis Pavlicek, Town Administrator; Shelly Candidus, Admin. Assistant; Henry Thomas, Fire Chief; Bob Lee, Police Chief
Public: Walter & Marlene Graf, Atty. Friedrich Moeckel; Michael Morrison; Rep. Patricia McMahon, Sen. Bob Odell; Fish & Game: Executive Director Lee Perry, William Carvey, Assistant Attorney Jennifer Patterson, Kevin Gagne (consulting engineer for Fish & Game); Pathways Consulting: Jeff Goodrich, Mike McCrory; Deane Geddes, Kara Obey, Margaret Weiler, Walter Goddard, Stephen White, June & Peter Fichter, Phil O’Brien, Patricia Sherman, Charles Forbes, Bo Quackenbos, Bruce Hall, Howard Dunn, Mary & Al Bachelder, Jim Williams, Dan Wolf, Catherine Bushueff, C. Cross, Thomas Richards, Frank Perrotta, Charles & Susan Crickman, Barbara Freeman, Harold & Janet Krueger, Marilyn Hill, Gerry Gold, Virginia Soule, Maureen & Art Rosen,
Ron Williams; Media: Brock Rutter (Intertown Record), James Lowe (Argus-Champion), Paula Tracy (Union Leader).
The meeting convened at 6:30 p.m.
PUBLIC INPUT:
Walter & Marlene Graf and Atty. Moeckel appeared before the Board to discuss a bill for $21,426.55 for breaking up boulders associated with site work for the new Highway Garage. The Board has questioned this bill, citing an agreement between Graf and the town wherein the town would pay $14,000 toward the cost of this project, with $7,000 to be paid in 2006 and $7,000 to be paid in 2007. Graf said that when he found out the price was going to exceed the estimated $14,000, he was told to go ahead and get a price and submit it to the town, which he did. Mrs. Graf asked if the Board remembered that she submitted an estimate for the work in the amount of $25,000. Wright said yes, but the Board responded that was too high, and the work would have to be done for $14,000. Graf believes that the
town told him to go ahead with the work at the estimated price, and Mrs. Graf has submitted a bill for that amount. Wright said he thought there was an equitable agreement that the work would be done for $14,000 to be paid in two installments over two years. Powell added that they had discussed budgetary concerns and that was why the money was to be paid over two years, $7,000 per year. Powell told Graf that the Board would take this matter under further advisement, review past records, and get back to him.
On another matter, Graf said water run-off from the garage site continues to go onto his property. An engineer hired by the town recommended that the water be directed over Graf’s land and into adjacent wetlands. Graf said he was told someone would inspect the site once a week for run-off.
He added that this was not an acceptable solution. Wright asked if he wanted the Board to look for another solution that would keep the water off his property and channel it over town land. Graf said yes, that is what would have to be done.
At 7 p.m. Chairman Powell introduced Fish & Game Executive Director Lee Perry to discuss the state’s plans for using the Wild Goose site for a public boat launch. Powell said Perry was here to provide an update; this was not a public hearing. He indicated that after Fish & Game’s presentation, a short question/comment period would be provided for attendees.
Commissioner Perry gave a brief recap of the department’s efforts over the years to find a suitable site for a public boat launch to provide access to Lake Sunapee. He said the state purchased the Wild Goose site for this purpose. He noted that there had been a lot of discussion and exploration of alternative sites, going back to 1990. He said the department had a statutory mandate to move forward. Lee then introduced Kevin Gagne, an engineering consultant hired by the state to study access to and egress from Birch Grove Road as it intersects with Route 103.
Gagne, design engineer, said he was at an open house in 2002 where safety concerns about the Wild Goose site were discussed so he was aware of these issues. He did studies to address the concerns and submitted them to DOT for their input. After adding that input, he got approval from Carol Murray, Commissioner of DOT. His studies found that at the northern intersection of Birch Grove Road and Route 103, it would be advisable to do a guardrail adjustment to make the turn more comfortable, but changing the angle of the turn to make it less acute would actually interfere with site distance, thus increasing the potential hazard. The speed limit in the intersection area should be decreased by 5 to 10 mph. DOT suggests this may need more discussion. Signs will direct vehicles exiting from the north end
of Birch Grove Road to turn right only. South-bound vehicles will have to turn north and proceed to the rotary at the traffic circle to turn around. Signs will tell vehicles traveling south that they cannot turn left into the southern end of Birch Grove Road. Gagne said traffic volume and site distances were evaluated and did not warrant widening the northern exit area at Birch Grove Road, or adding another lane onto Route 103 at that site. DOT concurs.
Gagne discussed the site for the proposed boat launch, with two launch areas. He said Fish & Game would obtain all necessary permits. The paving material in the parking areas will not be conducive to run-off. There will be two ramps, at a 4' and 5' water depth, and adjacent tie-up docks. Low intensity directional lighting will be used. There will be an 8' buffer fence on the south of the area. A landmark boulder, “The Old Man of the Lake,” will not be disturbed. Lee added the grove of trees that will be removed are not of any special geological or historical value. Powell asked how much this plan would cost, and Gagne said that was not determined yet.
Powell then called on Pathways Consultants, hired by the town to do an independent traffic study of the area.
Jeff Goodrich from Pathways explained that his firm had been hired by the town to evaluate safety issues at the Wild Goose site based on concerns raised by the public. He said that the project could be made much safer by the addition of several design modifications. They found that average speeds in that area along Route 103 are in excess of 55 mph, not the 50 mph on which the state traffic study was based. He raised the question of whether posting a lower speed limit would be effective and asked how it would be enforced. He pointed out that this portion of Route 103 is a commercial corridor and trucking has increased in volume and nature dramatically over the last ten years. He said the north and south intersections of Birch Grove Road with Route 103 could be made safer by installing warning
devices. He asked how overruns (missed turns) were going to be handled. He added that there should not be a compromise regarding design standards when public safety is involved. He repeated that the intersections could be made safer, but at an added cost.
Powell called on Chief Lee. Lee said the 58 mph that traffic travels is a reasonable speed for the character of the road. He believes the sight distances identified in the state study are inadequate. He said heavy trucks need more than 600 feet stopping distance. He also noted that drivers exiting from the north intersection will not go all the way to the rotary to turn around, but will take their first opportunity to make a U-turn, and southbound traffic wanting to turn into Birch Grove Road will likely use the Newbury harbor parking area for attempted turn-arounds. He said the area is simply not conducive to this type of traffic and the plan is totally contrary to the town’s effort to promote safety and enhance the harbor area. He said the state plan has no safety integrity. Gagne responded
that his firm’s study reflected compliance with national and state standards and conservative evaluations of various factors such as stopping distance, sight lines, speed, etc. He said the study meets professional engineering and DOT standards.
Barbara Freeman, Planning Board Chair, asked if the site plans for Wild Goose would come before the Newbury Planning Board. State attorney Jennifer Patterson said no, they were not required to bring the plans to the Planning Board, but would submit them to the state Wetlands Bureau. Freeman replied that she was aware this was not a requirement, but giving the Newbury Planning Board an opportunity to review the plans might show good will on the part of the state.
June Fichter, Executive Director of LSPA, introduced Walter Goddard. Goddard said LSPA continues to be supportive of making the lake accessible to boats. They have long supported the Wild Goose location as a car-top access site. However, LSPA strongly opposes the current Fish & Game plan, believing it is a disaster waiting to happen, with the real possibility of traffic accidents and possible gasoline spills into the lake. LSPA suggests Fish & Game go up Route 103 to the State Beach. This site has had an outstanding record for safety for more than 40 years, despite the poor condition of the present boat launch area. LSPA has done a parking study there and found there are
no safety issues and no environmental issues. Goddard said leadership on this issue was needed from Governor Lynch to foster cooperation among the state departments involved.
Mr. Dunn from the Newport Planning Board said Newport feels increased boat access at the State Beach would ruin it for swimmers. This swimming access is important to neighboring town.
Patricia Sherman said the state studies show that it might work in a perfect world, but the State Beach is a vastly more viable solution. She said state departments are squabbling over their turf, preventing the exploration of the State Beach as a solution. She added that the Fish & Game plan as presented would never be allowed by the state if it came from a private developer.
Steve White from Sunapee agreed that the State Beach would be a good solution. He said the swimmers there are well-protected from the boat launch area. He added that Sunapee has borne the lion’s share of boat launching activity for years. While they would welcome a reduction in traffic, they continue to support boat access to the lake – just not at Wild Goose. He said that is a lovely site and should be used for less intrusive traffic.
Dan Wolf asked if the Wild Goose site would be open in the winter for snowmobiles and bob houses. He cited a high number of recorded traffic accidents in the area on Route 103 during the winter months. Lee said the site would be used primarily in the summer, but would be open all year long.
Kara Obey said trying to get a boat back on a trailer along the Wild Goose shore will be a real feat, since the wind in that area pushes boats southward on a consistent basis. A long jetty would be needed to counteract this.
Ron Williams spoke as a engineer and a specialist in waterfront design and construction. He questioned the aesthetics of the Fish & Game design, saying the current plan showed gross overdevelopment. He said the site is good for public swimming, kayaking, rowing, etc.
Mr. Kreuger said the Sate Beach was a perfectly viable solution. There would be no adverse impact on swimmers. The existing launch area should be dredged and used.
Powell thanked the audience for their input. For a final word, he introduced Richard Wright.
Wright said Wild Goose is a beautiful spot and it should be open to all without special accommodations for owners of large motor boats. He said public access means access for all – swimmers, fishermen, and car-top boats. He said this could be accomplished by way of a fishing pier with handicap access. As the plan stands, Newbury’s Fire and Police departments will be put on the line. A merge lane would be needed for exiting traffic. He does not support this plan and is not inclined to grant a driveway permit to the state, as required per the DOT. Lee responded that Fish & Game has looked at the site as a fishing area, but backed away because to add that would mean additional parking and an added environmental impact on the site. Gagne added that the engineering analysis took the worst scene scenario
into account, including truck traffic. This analysis was not based on trailered traffic, but rather truck traffic.
Powell thanked Commissioner Lee on behalf of the town and called for a short recess before moving on to other business.
The meeting of the selectmen reconvened at 8:20 p.m.
Mike Morrison, Municipal Pest Management Services, came before the Board to discuss mosquito control measures. He explained the process for obtaining a permit allowing the town to react to an infestation if it should occur. Wright asked what insecticide they used. Morrison said it was a biological agent, very selective to mosquitos, and not harmful to other types of insect life. Powell asked if the problem was going to be severe this summer. Morrison said yes, the area of infestation is spreading. The season runs from April through October for different types of mosquitos. His company takes a pro-active approach by identifying habitats and flagging them. They use GPS coordinates to inspect ditches, fields, etc. and attack the larvae. He services 14 towns at this time, including a
program in place for New London. They also offer surveillance and take mosquito samples to Concord for testing on a regular basis. Morrison provided the Board with a rough estimate of costs for a program for the town. The Board will discuss further and respond to him via e-mail.
Deane Geddes from the Conservation Commission came before the Board to discuss two plans for forest management of the wooded rear acreage of Fishersfield. Wright attended a meeting of the Commission at which plans were these plans were discussed. One would include the pond, and one would exclude it. The Conservation Commission would have responsibility for the designated area by becoming a Forest Manager under state guidelines. A vote of the town would be needed to establish a town forest. Pavlicek will gather more information from out state forester. Wright favors the plan that keeps the pond area under the jurisdiction of Parks and Recreation. He said that hiking rails will exist in the town forest area. It’s possible that the Conservation Commission would take over the development of
trails. Weiler had mentioned that long-term, some tree harvesting will be done and the town will need to maintain an access road to mover timber away from the Parks and Rec area. Geddes said such a road should be clearly delineated. Powell said the plans should be reviewed by Budd before a final decision on the forest area is made.
REGULAR BUSINESS:
PAYROLL & ACCOUNTS PAYABLE: Week ending April 15, 2006 approved.
MINUTES: Meeting minutes of April 3, 2006 approved to file.
OLD BUSINESS:
Pavlicek reported that the town will need to prep the site for the new containers at the Transfer Station. Blocks will come from Carroll Concrete. The disposal company for the electronics container would change out the box four times a year for $650. Powell asked Pavlicek to determine the volume and specifiy the items they will take so disposal costs can be determined.
Pavlicek reported that Provan and Lorber, the engineering consultants for the box culvert on South Road, have proposed to do follow-up work, inspections, etc. for an additional $1,000. Pavlicek will check with Prussman to see if this is necessary.
Wright asked Pavlicek to contact Eckman Engineering to find out what percentage of the site work required for the state permit for work at Fishersfield has been completed. He also asked for a finish date for the permit.
NEW BUSINESS:
The Board signed an abatement in the amount of $77.41.
The Board signed an Intent to Cut for New Forestry, LLC, Map/lot # 011-255-510.
The Board signed a Yield Tax levy in the amount of $2,033.69.
The Board signed a Current Use application for property at Map/lot # 034-272-032.
The Board signed a revision to the Master Plan contract with consultant Ken McWilliams. The Board denied an application for a Temporary Use permit at Map/lot # 041-310-007 pending installation of a septic system.
The Board signed several Purchase Orders for the Highway Department, as follows:
Paving Old Post Road – $156,790 – Pike
Paving Marshall Cemetery – $7,760 – FWW
Reclaim/pave South Road – $170,342 – Pike
Crack sealing various locations – $7,300 – NICOM
Paving Ramblewood – $105,750 – FWW
Guard rails, various locations – $5,950 – CWS Fence & Guardrail
Rental roadside mower – $5,760 – Tenco New England, Inc.
Cross conveyer shoulder machine – $4,861 – EW Sleeper
The Board opened the single bid received for the 1986 Ford truck at the Transfer Station. They accepted a bid of $255 from Harry Heselton.
The Board granted permission for the NBC to hold a fund-raising raffle on July 8th Old Home Day and to hang a banner to publicize the event.
Pavlicek informed the Board about a request from a resident to hold a block party on Winding Brook Road. More information regarding date, time, and a plan for emergency access to the road will be forthcoming.
The Board reviewed a request from a resident asking that the paving on Mountainside Drive be extended past his driveway, at his expense. The Board approved this request pending an estimate of the cost from the Highway Administrator, to be approved by the property owner in writing.
The Board received a Permit for Groundwater Operation from DES for the Transfer Station, valid until 2011.
The Board reviewed notification from Accuvote about replacement voting machine equipment, and approved obtaining the new machine.
The Board signed a town policy for all employees regarding the acceptance of gifts.
Pavlicek reported that the Mount Sunapee Resort annual report was available for review.
The Board noted advice from town counsel that individual members of town boards should not meet privately with parties applying to said boards, as this could result in conflicts of interest in cases of appeals. The Board asked that a copy of the attorney’s letter be provided to those involved.
The Board was notified by Prussman that an 80-ton crane is scheduled to do work on Snow Beach this spring. He asked if the town should require a bond. Pavlicek suggested that an ordinance might be needed for this and similar cases. The Board asked Pavlicek to draft an ordinance applying to equipment of 80 tons or more for consideration.
The Board denied a request for an extension of a building permit for a resident at Map/lot # 16A-137-164. A new permit will be required because of the amount of work still to be done.
The Board requested that a traffic counter to be installed on Birch Grove Road for a couple of test periods this summer.
NON-PUBLIC SESSION:
The Board voted to go into non-public session under RSA 91-A:3, II, a-e at 9:50 p.m. to discuss a response to Graf’s request for payment of a bill. Options were taken under advisement and will be discussed with Budd. No decisions were reached. The Board came out of non-public session at 10:07 p.m.
MEETING ADJOURNED at 10:05 p.m.
NEXT REGULAR MEETING: Monday, May 1, 2005 at 6:30 p.m. at the Town Office.
________________________ ______________________ ________________________
James M. Powell Richard Wright Gary Budd
sc/Apr17/06 NEWBURY BOARD OF SELECTMEN
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