BOARD OF SELECTMEN MEETING
CALL TO ORDER
PLEDGE OF ALLEGIANCE
Mr. William McDevitt, Mr. Jean-Guy Bergeron, Mr. Victor Danevich
Mr. Tom Gaydos, Town Administrator, members of the press and general public.
Mr. Harold Lynde, Mr. Richard Derby
The acting Chairman, William McDevitt opened the meeting at approximately .
Mr. McDevitt informed that on
Mr. Danevich read aloud a letter submitted from the Fire Department thanking Mr. Bob Tryon,
Mr. Tryon said he was very proud of his staff and extended his thanks to the Selectmen for the recognition.
Brian Hanlon - Request to Donate
Mr. Brian Hanlon met with the Selectmen seeking permission to continue maintaining the area at the end of the cul-de-sac on
(Danevich/Bergeron) To acknowledge Mr. Brian Hanlon’s efforts; the Selectmen are aware of the voluntary efforts to
(3 - 0 - 0) The motion carries.
Oscar’s Trash Wetland Issue
Mr. McDevitt reviewed the situation. He informed that Mr. Bob Yarmo, Chairman Conservation Commission had previously met with the Selectmen to request $500 to hire a consultant to answer questions at a DES hearing. The Selectmen present for the meeting approved the $500 and since that time there had been additional questions. Mr. McDevitt said that Mr. Lynde had told him that he did not object to having a conversation in his absence.
Mr. Danevich asked for clarification of the request since two prior Planning Directors had approved (as an improvement) of the building within the wetland buffer. He said that the Board of Adjustment had received expert testimony that the building would be beneficial to the Town to allow the facility to be built. He didn’t understand why a consultant would now be hired (6 months after appeal period) to work against the decisions previously made.
Conservation Commission Chairman, Bob Yarmo explained his position. He said the process started when a variance request was put before the Board of Adjustment. He said the variance was allowed, contingent upon positive recommendation/comment from DES. He said prior to the Board of Adjustment hearing he submitted a letter to the Planning Department (copying the Selectmen and DES) outlining the Conservation Commissions concerns regarding the prime wetlands. He said after the Board of Adjustment’s decision, he wrote a letter to DES (Dr. Richardson) informing of the decision and that the case was coming their way. Mr. Yarmo said three, or four weeks ago, he and Dr. Richardson walked the site with the applicant and the applicant’s wetland scientist. At the meeting on site, Dr. Richardson decided that adjacency issue did apply and there would be a public hearing. He discussed another Board of Adjustment case in which expert testimony a court case was upheld to allow a house within the WCD. He said it was now known that when an applicant wanted to place a structure within the WCD that expert testimony would be needed. Mr. Yarmo said he had been directed to the Selectmen by the Planning Director to request money to hire an expert.
Mr. Bergeron asked if the expert would be testifying about the situation, or would they testify for/against the applicant. Mr. Yarmo felt expert testimony was needed to present the Town’s case. He said the person would be hired to supply information in support of the buffer that would help DES make a decision. Mr. Danevich noted that the expert was hired in the ‘con’ position to have the variance denied. He was troubled with the next turn of events. Mr. Gaydos said he had requested confirmation of the $500 cost. The company phoned Mr. Gaydos and the price could not be confirmed because he had spoken with the consultant. The scope of work was to appear at one hearing to speak on the need for protection of the buffers. The file had not yet been reviewed by the hired company.
The Selectmen discussed the request further. Mr. Danevich made a motion to reconsider the previous vote of the Selectmen. The motion was not seconded, and therefore the previous action taken by the Selectmen stood. Mr. Danevich asked if a cap had been placed on the $500 approved amount. Mr. McDevitt understood that the cost would not be higher than $500. Mr. Gaydos noted that the Planning Director at the time supported the plan at Oscar’s Removal, based upon it being a betterment. He said if someone had approached regarding the administrative decision, the result would have been different and expert testimony would likely have been present at the hearing. Mr. Gaydos said if Conservation Commission has a similar case with questions, it should be brought to his attention so the Selectmen could be aware.
Mr. Danevich said he was upset and objected to the fact that there were no official minutes, or documentation from Conservation Commission. He was concerned with expending tax payer money. He said that correspondence should have included the Planning Board and the Board of Adjustment. Mr. Yarmo said that the Planning Director had been copied on his correspondence, and the Board of Adjustment had been copied on his correspondence to Dr. Richardson. He said to repair the situation; he would place an agenda item for the next Conservation Commission meeting to discuss the case.
*additional Old Business item listed below
Mr. McDevitt noted that Mr. Lynde had no problem with the Selectmen reviewing the budgets. He said in the past if a Selectman was absent from a meeting, a budget could be further discussed at a later meeting.
Budget Review -The Selectmen reviewed the line items contained within each of the following budgets:
Tax Collector - Total amount requested $65,118; the amount appropriated by 2003 Town Meeting was $63,281.
Town Clerk - Total amount requested $95,374; the amount appropriated by 2003 Town Meeting was $94,631.
Elections - Total amount requested $16,250; the amount appropriated by 2003 Town Meeting was $8,350.
Legal - Total amount requested $75,000; the amount appropriated by 2003 Town Meeting was $75,000.
Transfer Station - Total amount requested $486,924; the amount appropriated by 2003 Town Meeting was $445,584.
Bond Principal - Total amount of $385,000 ($105,000 for last principal payment of road bond; $280,000 for
Bond Interest/Tan Note Interest - Total of $213,690 ($4850 for interest on road bond; $203,840
OLD BUSINESS CON’T.......
Mr. Gaydos said that the dedication ceremony at the
Mr. Gaydos began by reading RSA 31:39, which allows Towns to create By-Laws for a number of things, which he felt included the ability for the Selectmen to draft a skateboard ordinance [under RSA 31:39, I (L)]. Mr. McDevitt said that the Selectmen had voted to prohibit skateboarding in the
Regional Water District
Mr. Bergeron informed that Governor Benson attended a public signing of the Regional Water District Charter. He said as the wording of the charter is reviewed, it may be necessary to come up with funds to pay legal review fees. The Water District wanted representatives to discuss the possibility of requesting $5000 in each Town’s budget this year, and next. The funds would be reimbursed through the revenue bond when the water district was formed. Mr. Bergeron discussed the amounts that other communities had contributed. He said he would be attending a meeting this Thursday, August 28th, and if a decision was made, it could be reported at the next meeting.
TOWN ADMINISTRATOR’S REPORT/SELECTMEN’S REPORTS
Mr. Gaydos said that a donation of office supplies had been received from Storage Networks,
Mr. Danevich said that he had received some photos of the Selectmen with Governor Benson from the editor of The Stateline Express, which could be either taken home, or hung in the Town Hall. He said he had received a request from a Board of Adjustment member for funds to attend a seminar. He asked that the budget be examined to determine if a couple members from each of the land use boards could attend the information seminar. Mr. Danevich noted that a person had been reprimanded at the Transfer Station and had their privileges revoked for six months.
Mr. Bergeron had no report.
Mr. McDevitt thanked everyone for their participation and cooperation during the opening of the
REQUEST FOR NON-PUBLIC SESSION
(Danevich/Bergeron) Request for a non-public session per RSA 91-A:3,II, a (Personnel)
Mr. McDevitt-Yes; Mr. Bergeron-Yes; Mr. Danevich-Yes
Mr. McDevitt noted that when the Board returned, after the non-public session, the Board would not take any other action publicly, except to seal the minutes of the non-public session and to adjourn the meeting. The Board entered into a non-public session at approximately . Also present was Mr. Gaydos.
The Board returned to public session at approximately .
(Danevich/Bergeron) To seal the minutes of the non-public session indefinitely.
(3 - 0 - 0) The motion carries.
(Danevich/Bergeron) To adjourn the meeting.
(3 - 0 - 0) The motion carries.
The meeting was adjourned at approximately .
Charity A. L. Willis