NEWBURY BOARD OF SELECTMEN
MINUTES OF AUGUST 21, 2006 MEETING
Selectmen: Jim Powell, Richard Wright, Gary Budd
Town Personnel: Dennis Pavlicek, Town Admin.; Shelly Candidus, Admin. Assistant; Chief Lee
Public: Bob Messenger, Karl Brooks, Wayne Whitford, Neil Twitchell, Jane Harper, Nancy St. Laurent, Richard Dietrich, Steve & Sue Russell, Steve Cernek
The meeting convened at 6:35 p.m.
PUBLIC INPUT:
Bob Messenger and Karl Brooks appeared to discuss damage to a cemetery fence located next to the snowmobile trail at the end of South Road. Messenger said the club is concerned with maintaining a positive image in the community and they have taken care of similar damage to this fence in the past. However, in this instance they cannot determine that a club member was responsible for the damage. They said that if their grooming machine had caused the damage, they would fix it without question, but they cannot tie the incident to the club’s activity and they feel they are automatically being held responsible for damage which anyone operating a snowmobile could have caused. Messenger asked what the Board’s position was.
Wright asked what the damage consisted of. Brooks said a portion of the fence got pulled away from the supporting poles and stretched. Wright said this consisted of damage to town property. Powell said how can we tell who was responsible? How can the Board place blame? He said funds to fix the damage could come out of the Cemetery Maintenance Fund. Wright said the town has given the club permission to use town land and they assume responsibility by using the trails. Powell noted that they are using a right-of-way which is not town property. Wright said if this is the case, the club should erect a barrier to prevent their machines from hitting the fence. Pavlicek noted that the town has never formally given the club permission to use this trail. Any snowmobiler could have
access to the trail. Messenger said the state requires the club to get permission from all towns they pass through in order for them to have liability coverage. Powell noted we have given permission for them to cross behind the firehouse and to use the back of the Town Office area. Brooks said there was not enough room in the South Road area to erect a protective barrier. Brooks said this is a secondary trail and is not used by the club extensively.
Messenger asked if the club was automatically responsible for any damage done at any location they travel on. He said trails are re-routed all the time and there is no history of closing any due to damage by members. Wright repeated that this is damage done to town property and the club should fix it; taxpayers should not have to pay for it.
Budd asked who has a right to use the trail? Anyone? Wright said snowmobiles can travel on a right-of-way only in a limited area of 500 feet. Powell remarked that Messenger had heard the Board’s
various views. He suggested that Messenger report back to the members and discuss the situation further and see if they can reach a resolution. Messenger said they would fix the fence, but he still feels they shouldn’t be held responsible. Budd said he needed to think more about the issue.
APPOINTMENTS:
Neil Twitchell, Nancy St. Laurent and Jane Harper from the NH Public Health Department came before the Board to discuss state goals, planning and regional structures for developing an emergency pandemic response plan. Twitchell gave a brief recap of the overall state goals. Newbury Health Officer Wayne Whitford said he had met with the state representatives during the initial planning sessions at which time he had expressed concerns that Newbury was arbitrarily lumped together with other, dissimilar areas. He felt the district Newbury was assigned to was too large. He suggested dividing up the area to make New London one district and Claremont another. He felt Newbury would be better served by being aligned with New London rather than Claremont and the Vermont
border towns. He noted that despite these discussions, the regional structure has not changed, even though he has already prepared a localized response plan.
Twitchell said state plans to deal with health emergencies have taken on a large scope with threats of viral pandemics, etc. which would impact large regions across the state. Therefore, a large area model is required to dispense medicines, provide medical services outside of hospitals, and provide for quarantines and public information services. Whitford said Newbury had always been considered a part of the New London hospital region. He asked why we were now put in the Claremont region. Twitchell said this placement gives the state broader capability to accomplish its goals from an established focal point and communication center. Powell asked what the state wanted Newbury to do. Twitchell replied he would like the town to sign a memorandum of understanding that we agree
to the plan as presented. Harper noted that Newbury has already drawn up a plan and it needs to be incorporated into the regional plan. St. Laurent said Newbury needs to belong to a pod of like towns which would become part of the regional plan. Whitford remarked that without local town plans in place, the regional plan won’t work, and other Sullivan County towns do not have local plans as yet. Twitchell said a more inclusive regional name other than Sullivan County was needed. St. Laurent said Sullivan County is not running the program; it is a team effort.
Powell said the Board would review the Memo of Understanding and make a decision.
Richard Dietrich, Steve & Sue Russell and Steve Cernek were in attendance as the Board discussed a request from the Sunapee Hills Association (SHA) to order a Cease & Desist on any building and/or land clearing and road work on Crest Road. The SHA said they are sponsoring engineering studies of the area which show that Crest Road is key to their watershed remediation program. The SHA believes that development of any kind at this time will be detrimental to the watershed. They also believe that ownership of the road is in question and that the town has said it will not service the road. They ask that a Cease & Desist be imposed at least until the engineering report with its recommendations is available in late August.
Powell remarked that the selectmen were aware of the fragile eco-system around Chalk Pond and Wright said in retrospect, the area should never have been developed as it was, although that occurred before current planning and zoning regulations were in place. Budd said the question of road ownership appeared to be a civil issue. Wright said the lots in question were viable grandfathered lots and if current requirements are met and all permits are granted, they can be built upon. Budd remarked that it is the job of the selectmen to be sure all requirements are met, and Wright agreed. Powell added that the Board has made no declaration that Crest Road would not be serviced. The town will provide services to residents as best we can. The Board agreed that at this time there was
no basis to issue a Cease & Desist order.
Mr. Dietrich commented that if building activity is allowed at this time, the watershed will be destroyed. Powell said he understood the concern, but this is private property and the Board cannot stop building in the absence of violations. He said a Cease & Desist order is not issued for anticipated problems, but only when a violation has occurred that calls for this action. He added that the Code Enforcement Officer will be keeping a careful eye on current building projects and the Highway Administrator continues to direct the construction of driveways, culverts, catch basins, etc. with an eye to erosion control.
NON-PUBLIC SESSION:
The Board voted to go into non-public session under RSA 91-A:3, II, a-e at 7:55 p.m. with Chief Lee to discuss a long-standing civil issue between two neighbors. It was agreed that this was not a matter calling for town interference. The Board also approved an employee bonus as recommended by Chief Lee and other employee increases. The Board came out of non-public session at 8:15 p.m.
REGULAR BUSINESS:
PAYROLL & ACCOUNTS PAYABLE: Week ending August 19, 2006 approved.
MINUTES: Meeting minutes of August 7, 2006 approved to file.
INTENT TO CUT:
Guise, Jane. Map/lot # -24-316-312. Approved.
OLD BUSINESS:
Pavlicek reported that the town’s agreement to Adopt-a-Highway is final and ready to be implemented. The Board agreed to an official start date of Saturday, September 23, 2006. The area involved will be a two-mile stretch from Rainbow Garage to the intersection of Routes 103 and 103A, plus an area from Rainbow Garage into South Newbury sponsored by the South Newbury Union Church. Pavlicek will arrange for organizing and promoting the event.
Pavlicek reported that the town has received notification from legal counsel that the deeds for Park 10 properties recently donated to the town have been recorded. Pavlicek added that the Conservation Commission will be notified about these lots, as well as one tax-deeded to the town.
Pavlicek reported that the DOT has sent official notice that the application for a grant for a sidewalk and improvements on Route 103 has been approved. The funds are in the amount of $643,100 with a matching amount of $128,620 to come from the town which can be work-in-kind. Preliminary engineering work will start in 2007; construction is scheduled for 2010.
It was noted that Cloudland Lane has been accepted as a town road on the recommendation of the Highway Administrator. This acceptance needs to be formalized.
Pavlicek reported that the DRA has granted an extension for filing the MS-1 until Oct. 1, 2006.
Wright asked if Eckman Engineering has completed their plans for the Fishersfield development that needs to go to the state. The ten days they had promised for completion will be up tomorrow. Pavlicek said he has called them and will continue to do so until the plan is sent to DES. The Board expressed dissatisfaction with the long delays.
NEW BUSINESS:
The Board signed a warrant to collect sewer taxes in the amount of $129,920.
The Board signed a Purchase Order in the amount of $3,199.17 for repairs to the grader.
The Board discussed the existence of multiple connections to Blodgett Sewer from one residence, and noted that in 1994 a Board decision was made that multiple connections would be charged as one hook-up. The Board noted that we now have an ordinance ruling that each individual line going into the system carries a charge. The Board upheld this regulation.
Pavlicek reported that he has prepared the MS-4 which will be sent to the DRA shortly. He noted that projected revenue appeared to be $3,085,010.
The Board received a letter of thanks from LSPA for $5,000 to support milfoil control.
The Board noted that one property owner on Ramblewood Circle has not paid for a new culvert which was installed by the town prior to paving. The resident has not responded to a second notice. The Board discussed putting a mechanics lien on the property to collect the money due if the property is sold. Meanwhile, Pavlicek will try to reach another family member to discuss this matter.
Pavlicek reported that a quote from Whitcomb was in hand for repair to a bridge caused by a recent accident on Mountain Road. The quoted cost is $33,000.
The Board reviewed a report from Chuck Crickman regarding trail marking in Fishersfield. 3.4 miles have been done. More marking to accommodate public access is needed. He recommends 31 sign posts and 60+ signs. Blazing is also needed but is expensive. He investigated alternate means of marking and recommended aluminum blazes in colors for a cost of about $200. The Board agreed to this expenditure.
The Board signed Newbury’s Hazard Mitigation Plan, which has been approved by FEMA. This will be referred to Paul Groulx. The Board also signed NIMS – a resolution to adopt the National Incident Management System.
The Board approved a request from Pavlicek to hire temporary help for three weeks to organize property records and perform filing.
The Board signed an abatement for $979 due to double payment of property taxes.
Wright mentioned that mowing of roadside intersections and dangerous curves needed to be done. Pavlicek said this was scheduled for September. Wright suggested that this be put on the Highway schedule each year for mid-summer.
MEETING ADJOURNED at 9 p.m.
NEXT REGULAR MEETING: Tuesday, September 5, 2006 at 6:30 p.m. at the Town Office.
________________________ ______________________ ________________________
James M. Powell Richard Wright Gary Budd
sc/Aug21//06 NEWBURY BOARD OF SELECTMEN
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