TOWN OF TUFTONBORO
MEETING OF THE SELECTMEN
Monday April 9, 2007
*Accepted* 4.16.07
Corrections noted in
bold
Selectmen present: Susan Weeks, Bill Stockman and Dan Duffy.
Selectmen reviewed
mail, which included: Building
Permits for William Rollins, Diane Adams, Dianne Porter, Joe Weisenburger, YMCA
of Greater Boston (3), John Quimby; Approval for Operation for Waldo B.
Cummings, Randy Owen, Bruce/Donna Wiley, Janice Carine; Approval for
Construction for Mark Capone, George Pantano; Driveway Permit for Melvin
Village Marina; Legislative Bulletin #15; Pike Industries re: HMA Discount
level; DTC at Law re: Special Counsel Representative for Town in
Telecommunications Matters; Letter from Bruce Pigott re: Police Dept.; Meredith
Bay Village re: Retirement/Active Adult Community; Wetlands & Non-site
Specific Permit for Darren Naseck; E-mail from Erin Donnelly re: volunteer for
Capital Improvement Committee; NH Community Development Finance Authority re:
grant funds; NH Municipal Bond Bank re: Program info; Coalition Communities;
Letter from Alden Ringer re: tree removal; North Country Transit re: steering
committee membership; Conservation Commission 2/19/07 minutes; MS-42 Statement
of Appropriations for Carroll County; Property Transfer from Charles & Roberta
Storm to Storm Family Trust; Meredith ZBA notification of public hearing
4/12/07; Letter from Walter & Lynda Johnson re: cell tower; NRRA Full
Circle; Business Review; NH Civil Engineer; Primex Annual Conference info;
Copies of correspondence to Devine Millimet, NH Municipal Bond Bank; 2007
Current Use Board Workshop Schedule; Tuftonboro Planning Board notice of public
meeting on 4/19 re: Taylor; BTLA notice of settlement of Laase appeal;.
Items for Signature: Intent to
Excavate for Carleton; GMAC Lease Agreement; Timber Tax Levy for Vedrani,
Hodgdon, Bean, Cookson; NH Electric Coop 2007 Receipt Acknowledgement; Intent
to Cut for Edward Bean; Lakes Region Digital Website Maintenance Contract.
At approximately 4:30 pm Selectman Weeks called the meeting to order with the
first order of business review of minutes. Selectman Stockman made a motion to
accept the 3/26/07 meeting minutes. Chairman Weeks seconded the motion with all in favor.
Selectman Duffy made a motion to accept the 4/2/07 minutes as corrected. Chairman Weeks seconded the
motion with all in favor. Chairman Weeks made a motion to accept the 4/3/07 minutes concerning job interviews as written.
Selectman Duffy seconded the motion with all in favor. Chairman Weeks also made
a motion to accept the 4/3/07 minutes concerning the Gould property site visit and signing of the
purchase agreement as written. Selectman Stockman seconded the motion with all
in favor. Chairman Weeks made a motion to accept the 4/3/07 non-public minutes concerning a welfare request as
corrected. Selectman Duffy seconded the motion with all in favor.
The Selectmen have
rescheduled their meeting on 4/16/07 for 4:30 pm to allow
Selectman Stockman to attend the meeting.
Chairman Weeks reported that
the purchase of the Gould property was completed last Tuesday. Mr. Gould still
has a few things to clean out of the house.
Town Administrator Jeanie
Forrester gave the following report:
- Updated
pending list and calendar emailed to Selectmen
·
The
NH Municipal Bond Bank application has been sent to all the Selectmen for
review. Should be has to be
signed today so that we can forward to the NH Municipal Bond Bank.–
it is due today. Forrester noted that Carolyn Sundquist,
Jackie Rollins, and Jack Parsons had provided assistance in the completion of
the application.
- Two interviews were done this morning for the
police department position with one more scheduled at 6:30.
- Rick Friend has agreed to attend the US Census
workshop.
- There are two candidates for the treasurer
position – Jack Widmer and Susan McKenna. The job description will be
forwarded to Ms. McKenna for her review.
- Selectmen Weeks and Stockman and Ms. Forrester
were signed up and have been confirmed to attend the DRA Mini-course on
current use scheduled for 4/26/07.
- Letters were sent to the Planning Board and
Budget c
Committees asking for representatives
to the Capital Improvements Program
Committee.
- The compost bins have been ordered.
- Called Ted Wright re: landfill survey – still
waiting to hear back.
At approximately 4:40 Selectmen met with Code Officer Jack Parsons. Mr.
Parsons said he received a request from a property owner on Cow Island wanting approval to cross the town beach in order to
install a septic system on one of his properties. The Selectmen approved the request
as long as the town property was left in the same condition as he found it. Mr.
Parsons will draft an agreement and send to town counsel for review. Chairman Weeks advised she has been notified
by Carolyn Sundquist that the Department of Revenue Administration has said
that the town cannot enter into a lease agreement for the code officer’s truck
without approval from the town. The town voted down a vehicle for the police
department at town meeting and that is taken as a no means no
vote on vehicles according to Sundquist. There was a suggestion of using the
older police cruiser. The selectmen will speak to the chief. Mr. Parsons
reported the following permits have been issued – 22 building, 20 electric and
13 plumbing. Mr. Parsons has contacted the vocational center at the high school
to see if they would like the vehicle he was previously using. He has not heard
back as yet.
At approximately 4:45 Selectmen met with Eric Adjutant from Lakes Region
Digital. Mr. Adjutant was contracted to maintain the town’s website. The
selectmen approved and signed the contract, which calls for payment for one
year in advance. By paying in advance the town was able to get a reduced price
for maintenance of the website. It was noted that
Mr. Adjutant transferred all the website data at no charge to the Town. Mr. Adjutant also offered to
redo the town website and used the library site as an example. Mr. Adjutant
would do this on his own time as a donation to the town and use one of his own
domains. If the selectmen approve the new design it would then replace the
current website. Selectman Stockman made a motion to accept Mr. Adjutant’s
proposal. Selectman Duffy seconded the motion with all in favor. Mr. Adjutant
was complimented on his work to date by the administrative assistant.
At approximately 4:55 Selectmen met with Tom Floridio. Mr. Floridio owns
property on Tuftonboro
Neck Road
and asked the selectmen what he has to do to be able to divert water from
flooding a large portion of his property to a small depression he would create
in the far corner of his property. He would like to sub-divide this property in
the future. The selectmen told him that he cannot just divert water on his own
property. Selectman Stockman advised him to contact the extension service at 539-3331
to speak to a county agent or the Natural Resources Conservation Service for
help with how to go about this project.
At approximately 5:00 Selectmen met with Rick Friend, Chairman of the
Planning Board. Mr. Friend wanted permission from the selectmen to engage Rob
Ciandella of Donahue, Tucker and Ciandella (DTC at Law) as special counsel for
the cell tower application currently before the board. Mr. Friend advised that
the board felt that an expert opinion is now needed to evaluate the
documentation received to date. Attorney Ciandella would help to fashion a
reasoned decision made by the Planning Board. Attorney Ciandella would not make
the decision but would help to articulate the reasons for or against as decided
by the planning board. The approximate cost would be roughly $3000 - $4000 and
possibly more. This fee would include a 2-hour consultation, travel time and
mileage and appearance at one hearing at the minimum. Attorney Ciandella would
hire a municipal wireless consultant, which would be paid for by the applicant.
Chairman Weeks stated that approximately $20,000
of the $25,000 appropriated for lLegal
expenses in 2007 is already committed and this would most
likely overspend the lLegal
budget. Outstanding legal expenses are for Attorney Upton’s workshop and for
bond counsel and fees. The selectmen were in agreement to hire Attorney
Ciandella as special counsel to the Planning Board for the cell tower
application currently before the board.
At approximately 5:15 Selectmen met with Carl Eldridge regarding his
appeal to the BTLA on his 2005 assessment. He was questioning why the
assessment on his property with 50’ of water frontage, which he says is
non-buildable, is assessed so high. Mr. Eldridge
said he has found a similar property right next to it only in Ossipee, which is
assessed much lower. Both properties were assessed by Avitar. The selectmen
said they would have Avitar review his application. This would have been done
anyway since Avitar is committed to responding to the BTLA appeals from the
2005 reval.
At approximately 5:20 selectmen met with Jon Beaulieu regarding what he
has noticed as a problem with the selectmen and the Right to Know law. Mr. Beaulieu distributed copies of what he was bringing
to the selectmen’s attention and reminded them that he had given the selectmen
information before on this law. In particular he was concerned about the
appointment to the ZBA by Selectmen Albee and Stockman. When Mr. Beaulieu
requested a copy of the non-public meeting minutes as referenced in the
selectmen’s meeting of 10/16/06 he was advised there were no minutes. Mr. Beaulieu contends that Mr.
Cook’s appearance at the ZBA meeting therefore was not legal. Chairman Weeks
said she thought that Selectman Albee did not fully understand the Right to Know law at that time. Mr. Beaulieu
brought up another case in which there was a difference between what was
reported in the minutes and what was reported in the paper. This occurred in
2004 and concerned the Public Safety Needs Assessment report and whether or not
the letters from members of the committee would be included on the website.
There were other issues that Mr. Beaulieu brought to the selectmen’s attention.
He said he wanted to fix this problem with the selectmen so that it did not
have to go any further. Resident Barbara Wood said that she thought
appointments had to be done in a public meeting. Chairman Weeks agreed but said
that discussion can take place in non-public. Mr. Beaulieu said that a person
involved in a non-public session can request that it be held in public but in
many cases they are not aware it can be requested. He also suggested that the
meetings be taped to help with the writing of the minutes but he did emphasize
that a tape is not a legal record of the meeting. The courts will only accept
paper documents. E-mail communications were discussed briefly. Weeks indicated the Selectmen would review
and take action next week.
Chairman Weeks said an
inquiry was made about the town renting either of the 2 houses it currently
owns. The Dearborn house is not rentable as utilities have been
disconnected. The Gould property has a furnace problem, but she thought that if
the rent covered the cost of a new furnace, it should be considered. The house
does not have any furniture and needs cleaning. Primex will be contacted for
their opinion of liability in the town renting the Gould house.
At approximately 5:45 Selectmen met with Fred and Mary Jane Sargent
regarding two documents that have been going back and forth now for months. - the deed for the transfer station property and an easement
to use the dump road by Anne Marie and Elvis Hart. The main issue is the easement to the Harts
to use the dump road. Ms. Sargent said she was advised by her attorney that the
easement should be given by the town to the Harts and not to Fred Sargent as he no longer owns that
property. Selectmen Weeks explained
that the Town and Fred executed a temporary deed years
ago for the transfer station and that they have been trying to get a permanent
deed. In the process, Fred subdivided
his land to give his daughter, Anne Marie Hart, a lot adjacent to Rte.
171. The Selectmen offered to give Fred
an easement for a driveway across the town land to his daughter’s lot because that
would be safer than the available access onto Rte 171 from her lot. Since the Town is negotiating the deed with
Fred, the Town had a document drawn up conveying the easement to Fred as well
as releasing some rights of first refusal contained in the temporary deed. The Town also provided a document for Fred to
then convey the driveway easement to his daughter. Mary Jane Sargent believes the Town should
convey directly to the Harts. After much
discussion it was agreed that Ms. Sargent’s lawyer will draw up revised
easement documents and send them to town counsel for review.
The Selectmen then met with
Mr. Sargent who reported that Waste Management has stated that they will not
drive over posted roads so there could be a problem picking up the town’s
trash. Ms. Forrester said that Meredith is having the same problem.
Resident Barbara Wood said
she thought the town should join the Lakes Region Planning Committee.
The Selectmen approved and
signed the following:
·
Application for
Elderly Credit for Ball
·
Intent to
Excavate for Carleton
·
Timber Tax Levy
for Vedrani, Hodgdon, Bean, Cookson
·
Acknowledgement
of Receipt for PA-28 from NH Electric Coop
·
Intent to Cut
for Edward Bean
A letter was received from
Alden Ringer about cutting trees on Brown Road. It was thought this was a scenic road and as such
Mr. Ringer would have to go to the Planning Board and a public hearing would
have to be scheduled. The cutting he is proposing to do would not require an Intent to Cut be filed. Administrator Forrester will
draft a letter to Mr. Ringer.
At approximately 6:15 pm Chairman Weeks made a motion to go into non-public
session pursuant to RSA 91-A: 3 II (c) to review and correct non-public
minutes. Selectman Duffy seconded the motion. Roll call: Chairman Weeks – yes,
Selectman Stockman – yes, Selectman Duffy - yes. At approximately 6:18 the Selectmen came back into public session.
The Selectmen approved the
non-public minutes of March 19, .
__, 2007 and March
22, . --, 2007 as corrected.
At approximately 6:20 pm Chairman Weeks made a motion to go into non-public
session pursuant to RSA 91-A: 3 II (c) to discuss a welfare case. Selectman
Stockman seconded the motion. Roll call: Chairman Weeks – yes, Selectman
Stockman – yes, Selectman Duffy - yes.
At approx. 6:37
the Selectmen came back into public session and voted to seal the minutes
indefinitely. Chairman Weeks made the
motion to seal the minutes, seconded by Selectman Stockman, with all in
favor. The Selectmen noted that they had
granted assistance to the applicant.
At approximately 6:40 p.m. Chairman Weeks made a motion to go into non-public
session pursuant to RSA 91-A:3, II(b) to interview a
candidate for the administrative assistant position. Selectman Stockman
seconded the motion. Roll call: Chairman
Weeks – yes, Selectman Stockman – yes, Selectman Duffy – yes.
At approximately 7:05 Selectmen moved back into public session.
Lance
and Jill Williams arrived and asked for a meeting. Mr. Williams was visibly
upset about the article in the current issue of the Granite State News, which
discusses the last meeting that Roger Drowne attended.
Mr. Williams accused Chairman Weeks of provoking the problem and demanded to
know what she wanted him to do. Chairman Weeks said her recommendation is that
he should get site plan review approval. Mr. Williams replied that he had
already gone before the Planning Board and was told he did not need site plan
review. He said he is not running a business – he brings his equipment home –
and that he has been doing the same thing for the past 11 years. Chairman Weeks
said by adding a building he is expanding the use, particularly regarding the
sand storage building. If he applied to
the planning board for site plan review, there would be an opportunity for a
public hearing with the abutters and perhaps some adjustments could be made to
resolve the situation. Mr. Williams
said he has been to the Planning Board, the ZBA and the Selectmen and they all
said he did not have to do anything further. He felt that every week he was
getting dragged through the mud in the newspapers. Chairman Weeks said that the
paper reports on happenings at the meetings and that anyone can come in and
speak with the selectmen as often as they want to. She also noted that the selectmen have no
control over what is published in the paper.
Mrs. Williams said she just did not understand what Chairman Weeks
wanted as they were just trying to make a living. Weeks attempted to explain that her comments
were in response to questions and concerns from Mr. Drowne and that she is not
pursuing any action against the Williamses.
Chairman Weeks said she did tell Mr. Drowne that he needed to get a
lawyer if he wanted to proceed with his
complaints. . Selectman
Duffy and Chief Shagoury agreed confirmed that
Selectman Weeks had not encouraged Mr. Drowne to pursue this and had told him
he needed legal assistance rather than an appointment to come back to the
selectmen’s meeting the following week.
Mr. Williams said he is the only guy in town who can’t sell a cord of
wood tomorrow. Selectman Weeks said he
could apply for site plan review to see if he could get approval for a wood
cutting operation.
The Selectmen then discussed
the request by Carolyn Sundquist to open all sealed minutes pertaining to
her. Carolyn obtained a legal opinion froom
the Local Government Center to the effect that selectmen Selectmen are
under no obligation to unseal public minutes and that once they are unsealed,
they are public. Selectmen Weeks asked
if the minutes of a non-public session were unsealed, would they then be posted
on the town’s website. The Selectmen all
agreed that as a policy the town should not post unsealed non-public minutes
minutes or any non-public minutes on
its website. AThepproved
unsealed
non-public minutes
are available if someone requests them.
The Selectmen than then voted
unanimously to unseal the nonpublic minutes of Feb. 5, 2007, March 19.
___, 2007 and March
22. __, 2007 which pertained to Carolyn Sundquist and gave her uncorrected
copies of them at her request.
At approximately 7:45 pm the selectmen discussed the bond application.
Administrator Forrester said that if the application was okay it would just
need to be signed. Some discussion ensued about the largest employers in town.
Administrator Forrester said that the application can still be corrected if any
errors are found. The Selectmen signed
the bond application so it can be processed.
The meeting was adjourned at
7:50 pm.
Respectfully Submitted,