TOWN OF TUFTONBORO
MEETING OF THE SELECTMEN
Monday April 11, 2005
*Accepted* 4-18-05
Selectmen present: Bill Stockman. Chip Albee and Susan Weeks.
Selectmen reviewed mail, which included:
Building Permits for Lois Farrell, Tim Morrison; Electric Permits for Richard
Dickie; Dufresne-Henry re: Tuftonboro Landfill Groundwater Management Permit;
Dufresne-Henry copy of letter to DES;
Minimum Impact Expedited Application for David Ladd; NHDES Wetlands &
Non-site Specific Permit for Ronald & Deborah Harrison; Copy of Letter from
Laminated Concepts to Moores Marine re: non-payment of materials; Legislative
Bulletin #15; Memo from Supervisor of Checklist re: update status; Betsey
Patten re: assistance with Low and Moderate Income Homeowners property Tax Relief
on May 23; Certificate of Attendance for Officers Jamie-Lynn Sheehy and Thomas
Lafavre; NH Department of Safety re: Emergency Declaration eligibility for snow
events in January and February; Ray Burton Executive Council Report #6; Notice
of rate increase from Ron LaBranche; Public notice from Wolfeboro ZBA e:
Telecommunications Tower; Copy of letter from Code Officer to North Country
Village re: Septic Failure; Carroll County 2004 Annual Report; Business Review;
Berlin Police Dept. request for old computers; The Inner Chamber; Lakeside;
Memo re: flag donation.
Minutes:
The Selectmen’s meeting minutes of 4/4/05 were approved.
Items for Signature: Intent to Excavate for Hammer; Timber Tax
Warrant; Gravel Tax Warrant; Elderly Exemptions for Holmes, Bisbee; H. E.
Bergeron Transfer Station Letter Agreement; Veterans Tax Credit for Dow.
At approximately 3:00
Selectmen met with Jay Poulin of H. E. Bergeron regarding the Letter Agreement
for proposed work at the Transfer Station. Mr. Poulin advised that the Town
needs a permit from NHDES. This is just a one-page document letting the DES
know that work is being done. Joe Kowalski will pursue this. Selectmen
requested an as-built plan at the end of the project and rate schedule of
employees that may be involved in the project. The amount of construction
administration is up to the Town and is billed hourly. It was agreed that the
best time to start the work is in the fall. Selectman Weeks made a motion to
accept the Letter Agreement. Seconded by Selectman Albee with all in favor. Mr.
Poulin submitted the name of a company to contact for advice on the Public
Safety Building Project. Selectman Weeks will make the contact.
The bid package submitted by Wes Flierl was reviewed and
approved. The dates just need to be filled in. Selectman Weeks contacted Paul
Kimball to remind him the door at the Town House still needs to be painted. Mr.
Kimball also expressed interest in painting the Town Office. Mr. Kimball will
contact Chairman Stockman to do a walk around.
Selectmen approved and signed the following:
- Veterans
Credit for Albert Dow (Mr. Dow will be contacted again to fill out the
remainder of the paperwork.)
- Gravel
Tax Warrant
- Timber
Tax Warrant
- Intent
to Excavate for R. Gerry Hammer
- Elderly
Exemption for Holmes
- Elderly
Exemption for Bisbee
Selectman Albee related a discussion with Attorney Deborah
Fauver regarding recent Supreme Court decisions on zoning. Ms. Fauver is
willing to speak to the ZBA to explain these decisions. Selectmen were in favor
of the idea. Selectman Albee will follow-up.
The Selectmen accepted the donation of an American flag from
Mickey Purdy.
At approximately 3:35
Selectmen met with Ann Hackl of the Conservation Commission and Steve Hundley
of the Natural Resources Conservation Service (NRCS) to discuss the Cheney Farm
Easement document. Mr. Hundley had been made aware of the many questions the
Selectmen had about the document. Mr. Hundley proceeded to explain the
hierarchy of the different organizations involved and the need for referencing
them in the document. There are different levels of authority and
responsibilities starting with the United States
of America to the USDA to the NRCS. Most of
the deed language comes from the Office of General Counsel and for the most
part is not subject to revision. All easements need a conservation plan, which
the NRCS is responsible for and which has been done for the Cheney Farm. They
are also responsible for monitoring the compliance through the Conservation
Commission. The Commission would report any concerns to the NRCS. State
Conservationist, Theresa Chadwick is authorized to sign the document but is not
authorized to approve any amendments. Mr. Hundley noted that it is almost
impossible to get an amendment unless it is an error that was not caught before
closing. Mr. Hundley also advised that the Office of General Counsel (OGC) has
added requirements since the Selectmen reviewed the original document and it is
conceivable that the OGC will make additional requirements before closing. Any
revisions proposed by the Selectmen will need to be approved by OGC. Mr.
Hundley agrees that there are some areas that need clarification. A base line
document is basically what the parcel looks like at the time of closing –
buildings, land, streams. utility lines, etc. Mr. Hundley clearly stated that
the landowner is getting paid to relinquish his development rights and the OGC
is very stringent about this. The Selectmen called for a break to meet with the
Code Officer.
At approximately 4:50
Selectmen met with Code Officer Ted Wright. Mr. Wright said he was getting
busy. He presented a copy of a Cease and Desist notice from the Town of Alton,
which would help create a paper trail for additional enforcement. Selectman
Albee requested more detail under enforcement on his mileage reports. Mr.
Wright thought it would be too difficult to keep track of. Mr. Wright inquired
about hiring Lane Evans in order to train him so that Mr. Evans can fill in
when he takes some time off. Selectmen agreed to try it on a trial basis. Selectmen
made it clear that if and when Mr. Wright resigns it should not be assumed that
Mr. Evans would get the position. The job would still be advertised. An
executive session will be scheduled to discuss salary.
At approximately 5:10
Selectmen resumed the page-by-page discussion of the Cheney Farm Easement. Mr.
Hundley wanted the Selectmen to understand that in the event the Town becomes
the owner of the property the easement must be transferred to another entity.
Mr. Hundley will contact the OGC and will get back to the Selectmen as soon as
he hears back from them. It may take a couple of weeks.
Penny Garrett was unable to wait so she will be contacted to
reschedule.
The meeting was adjourned at 6:20
pm.
Respectfully Submitted,
Carolyn Sundquist
Administrative Assistant