NEWBURY BOARD OF SELECTMEN
MEETING MINUTES
OF JANUARY 3, 2006
Selectmen: James Powell, Richard Wright, Gary Budd
Town Personnel: Dennis Pavlicek, Town Administrator; Shelly Candidus, Admin. Assistant; Robert Lee, Police Chief
Public: Barbara Freeman, Planning Board
The meeting convened at 6:30 p.m.
PUBLIC INPUT:
Barbara Freeman came before the Board to discuss the proposed amendments to the Building Regulations and the Zoning Ordinance prior to the public hearing on January 10th .
Amendment #1 to the Building Regulations would replace the Planning Board with the Board of Selectmen in setting the building permit fee schedule. The Board expressed agreement.
Amendment # 1 to the Zoning Ordinance Article V, Table 5:2 clarifies that each road type is subject to the density adjustment, not all of them collectively.
Amendment # 2 to the Zoning Ordinance Article XVI, 16.7 clarifies the difference between a use variance and a dimensional variance.
Amendment # 3 to the Zoning Board Article XVI, 16.8 adds a paragraph which provides standards and guidance for obtaining an equitable waiver of dimensional requirements.
Amendment # 4 to the Zoning Ordinance Article XXI would give the Code Enforcement Officer, rather than the Board of Selectmen, the authority to enforce the Zoning Ordinance. Powell disagreed with this amendment, saying the CEO reports to the Board of Selectmen, and they carry the authority to make enforcement decisions. Wright added that enforcement should be based on discussion among three selectmen reaching a joint decision, rather than one individual’s decision. Freeman said violations of regulations should have clearly defined consequences, and a procedure should be put in place to deal with violations. She suggested that the procedural process be worked on by the Planning Board in 2006 and then the responsibility for enforcement should be revisited. The Board agreed.
Police Chief Bob Lee addressed the Board with a request for a merit increase for an officer, which would bring his pay to $16.10 per hour retroactive to last August. The Board agreed to this request. The Chief also reported that he will be making changes in the department coverage schedule which will provide more efficient and comprehensive coverage by the officers.
NON-PUBLIC SESSION:
The Board voted to go into non-public session per RSA 91-A:3, II, a-e at 7:15 p.m. with Chief Lee to discuss a Police Department personnel issue. The Board came out of non-public session at 7:30 p.m.
REGULAR BUSINESS:
PAYROLL & ACCOUNTS PAYABLE: Week ending December 31, 2005 approved.
MINUTES: Minutes of December 12, 2005 approved to file.
INTENT TO CUT:
Peters, Christopher. Map/lot# 50-746-184. Approved.
OLD BUSINESS:
The Board agreed to pay a resident approximately $300 to cover the difference between his cost and the reimbursement from FEMA for repairs to his driveway damaged by a heavy rain storm. The Board authorized this payment because the damage to the driveway was related to runoff from a culvert installed by the town several years ago on the landowner’s property without permission. Two Board members agreed; one abstained.
The Board agreed to hold Town Meeting on March 15, 2006 at the Spruce Lodge, second floor, Mt. Sunapee Resort. Elevator service will be available.
Pavlicek reported that he is negotiating with a company that will combine telephone and T1 shared service to the town, resulting in lower rates. He expects the service to be in place within a couple of months.
Harry Seidel was not able to attend the meeting on behalf of the Fishersfield Management Committee. The Board repeated their decision to hold off on any logging of the area until the end of the month, when possible input from the Velie Memorial Fund might be in hand.
NEW BUSINESS:
The Board signed an application to Tree City USA to have Newbury named as a recognized New Hampshire community in this program.
The Board signed abatements and refunds for Winding Brook Properties, Paul Temple, Erica Broman, Walls & Knowlton, The Sunapee Difference, New Forestry LLC, and Lindsey Hargreaves.
The Board signed a purchase order for new fingers on the town dock with Rick Green at a cost of $8,460 and authorized Pavlicek to sign a contract for the work.
The Board signed a purchase order for computers for the Police Department with Dell for $5,556.75, one half of the cost to be met by grant money.
The Board signed approval for two Veteran’s exemptions from property taxes.
The Board once again authorized payment to the Cemetery trustees only for travel out of town.
The Board denied requests from two property owners to waive the penalty fee for late payment
of property taxes.
The Board discussed a request from a real estate agent to approve driveway and building permit applications for properties accessible from what is designated as Crest Drive in Sunapee Hills. The Board found that this is a paper road, laid out in plans registered in 1975 and never used. Powell said that if a property owner wants to build on a lot abutting Crest Drive, he must incorporate a disclaimer in his deed indemnifying the town from any liability if town vehicles are unable to respond to emergency calls from his address. This will be a condition of issuing a building permit.
The Board noted that a builder on High Ridge Road has not met the conditions set by the Highway Administrator when installing a driveway. The Board advised that the building permit should not be issued until these conditions have been met.
Pavlicek advised the Board that the DES has issued updated rules for public use of town beaches. Most of the requirements are met by the town, but new signs will be needed stating no lifeguards are on duty, and the availability of rescue equipment. Also, a phone should be available for emergency use. Pavlicek will follow up on these requirements for both town beaches.
The Board noted a letter from LSPA stating that they are in favor of imposing a speed limit for boats on Lake Sunapee.
The Board reviewed a letter from a property owner on High Meadow asking permission to cut a stand of trees on the ridge that are unstable and unhealthy. New growth is in evidence under the stand. All cutting would be done in compliance with Zoning regulations. Wright noted that the trees are unstable because of all the prior cutting around this stand. He said a replanting plan must be submitted along with a building permit application. The Board agreed that the Conservation Commission and the Planning Board should review this request.
The Board noted a confirmation letter from Miller Construction to perform work on the South Road box culvert in the summer of 2006, at a cost of $89,320.
The Board reviewed a request from an employee to carry over unused vacation time in excess of the town personnel policy limits from 2005 into 2006. The Board agreed, with the provision that all vacation time in excess of the limit must be used by December 31, 2006, so that the employee is in compliance with the personnel policy on January 1, 2007. Any vacation time from that period forward must be in compliance with the town personnel policy.
The Board noted that a local business is once again in violation of the sign ordinance. They agreed to have the town attorney contact the business operator and demand current and future compliance with the sign ordinance, as well as a timely response to the Planning Board’s request for site plan review.
MEETING ADJOURNED at 9:00 p.m.
NEXT REGULAR MEETING: Monday, January 9, 2006 at 6:30 p.m. at the Town Office.
________________________ ______________________ ________________________
James M. Powell Richard Wright Gary Budd
01\03/06 NEWBURY BOARD OF SELECTMEN
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