Town of Stoddard, NH

Selectmen’s Meeting Minutes

April 26, 2010

In attendance: John Halter, Sandra Holland, Arnold Stymest and Jim Coffey.

The meeting was called to order by Chairman Halter  at 7:00 p.m., and opened with the pledge of allegiance.

APPOINTMENTS:

7:00 P.M.  Dave Marcoux, representing Waste Management met to explain the late opening of the Transfer Station on the previous Sunday, and to apologize for the problems it created.  Selectman Stymest stated that the delay was about an hour and many cars were backed up.  He then asked about a contingency plan.  Mr. Marcoux explained that there is a contingency plan but their employee had a family emergency and was late leaving to open the Transfer Station.  When the problem was initially known is was too late to get another employee that could have arrived before the  assigned employee.  It was further explained that they have four people in the area that could fill in, with the closest in Sullivan.  Selectman Holland had no questions concerning the problem.

7:20 P.M.  Pat Aglio and Mark Skidmore met to discuss unresolved land use violations they alleged were committed by John Marren on his property (Map 138 – Lot 34) dating back to at least 1998.  Mr. Skidmore submitted a summary outline of the problem and a lengthy detailed handout with additional information.  Mr. Skidmore stated that he has complained for seven years to the Town and has not had a response.  There was a lengthy discussion during which Richard Skidmore entered the meeting.  Mark Skidmore questioned the 1998 ZBA decision for John Marren and stated that the information provided by Marren was intentionally fraudulent. 

Near the end of Mark Skidmore's presentation it was determined that he alleges two present violations on the Marren property.  They are a setback violation along the boundary of the Marren property where it borders Skidmore's property, and the roof line of Marren's building is too high.   Near the end of the discussion Compliance Officer Harry Power suggested giving the issue to the Town's attorney.  Mr. Skidmore stated that he wants Marren's building put in compliance.  The detailed documents presented to the Board by Mark Skidmore were taken back and he will clarify some items and return them. Chairman Halter expressed support for a review by the attorney and it was echoed by Selectman Stymest.  After receipt of the material from Mr. Skidmore it will be furnished to Attorney Beth Fernald, with a cover letter and instructions from the Board.

8:30 A.M.  Open session:

Richard Nicoletti expressed concern over the proposed use of crushed asphalt on North Shore Road. He expressed concern that his name was used in the proposal to use the material.  He expressed concern about oil leaching out, despite any DES approval for its use.  He asked that the residents have a chance to approve the use of crushed asphalt before any is used, and the Road Agent be instructed not to use it at the present time.  Chairman Halter explained that there was a warrant article for improvements to North Shore Road and it was to use Best Management Practices, or BMP, when near the water.  A resident of Aten Road. Kevin Robbins,  mentioned that he has seen it used and the run off has an oily sheen and an oily smell. Tim Ruehr asked that this be part of a discussion at a coming meeting when John Baybutt will present information on a watershed study for the Granite Lake Association. Chairman Halter agreed that nothing should be done with use of crushed asphalt without more input.

Selectman Stymest mentioned that there have been two meetings at his house because Town Hall was not available. He suggested using the Gould House for meetings.  Selectman Holland stated she wasn’t sure it could be used at this time.  Chairman Halter wanted to hear from Dick Briere and suggested the suggested be put on hold until next week.

The open session concluded with a brief discussion with Dave Marcoux of Waste Management.  The Board agreed to have a  work session on Wednesday, April 28, at 7:00 P.M., to look further at the solid waste bids.

9:33 A.M.  Chairman Halter, seconded by Selectman Stymest moved to adjourn.  The motion passed 3-0.

APPROVED/SIGNED:

1.                  The Accounts Payable Manifest was approved.

2.                  The minutes of April 19 were approved with correction.

3.                  Disability exemption for Roy Marotta was approved.

4.                  Pistol Permits (4) were approved

B.  NEW BUSINESS:

The Board approved the following:

            Selectmen's Report for inclusion in the Annual Report

OLD BUSINESS

The solid waste bids will be further reviewed on April 28.

Other items listed in the agenda were reviewed with no action taken or required.

Respectfully submitted,

____________________________

James Coffey, Interim Administrator

Approved

___________________            _______________        _______________

John D. Halter, Chairman          Sandra L. Holland            Arnold Stymest

Board of Selectmen

Minutes of Selectmen’s Meeting

December 7, 2009

Present: John Halter, chairman, and Sandra Holland. Absent: Arnold Stymest

John Halter announced there is no formal agenda. The Selectmen then met with all those who were there to meet with the Selectmen:

June & Bill Congdon - Mr. Congdon said there is an error in the printing of their tax bill. Their appraisal by Cross Country Appraisal does not match the figure they are being taxed for. He said the appraisal on their other piece of property does match the figure on their tax bill. He said he contacted the tax collector and she said to meet with the Selectmen. He said there were changes to the property, but not tied to the original numbers on their tax bill. John Halter said the tax billing is a manual process which leaves the possibility of a clerical error. The Selectmen then made copies of their appraisal and tax bill and said no abatement is necessary. John Halter said the Selectmen are obligated to correct it. John Halter said the Selectmen will meet with the tax collector to have it corrected. He said the difference will be abated as a clerical error. Sandra Holland agreed. Ellen Mason, the tax collector, will tell the Selectmen the amount to be abated so the Congdon’s can pay their tax bill.

Harry Power discussed the following with Selectmen:

Said he would like Sandy Holland to print 125 copies of town stationery and envelopes for mailings he needs to send out as compliance officer. He then discussed with Selectmen Building Permit #09030 for Tom Doyle and the PUC# from the State of NH for an addition in South Stoddard which was approved at Harry’s recommendation.

He then reviewed the complaint on the Casey Hayes Sr. property on Fox Run regarding debris in the yard. Mr. Hayes invited Mr. Power up to his property. Mr. Power took photos and sent a letter to the abutter, Richard Sears, who filed the complaint. Mr. Hayes has put up a temporary canvas type shelter.

Mr. Power then discussed the complaint for the Paul Dionne property. He said Timothy Sweatt of the NH Dept. of Environmental Services visited the property. Harry said Mr. Dionne admitted to washing units there. Harry said he spoke with Mr. Sweatt this morning who said he found nothing at the property in regard to the complaint. Harry showed the Selectmen a copy of the letter he wrote regarding this matter. He said if Mr. Dionne continued to wash units at the property, he may need a permit to continue and the abutter could seek action. He also said it would be a commercial business operating in a residential area. Mr. Power said if a permit is issued, the Selectmen may need to check with the town attorney on the matter. Selectmen approved the letter and said unless a complaint is returned to the Selectmen, or the conditions which caused the complaint still exist, they consider the matter closed.

Harry Power said he measured the property of Lorraine Joslyn in regard to her permit for putting a lean-to onto her barn. He said the original drawing of the property was poor and he now has a new one. Mr. Power said the unit is for cold storage only. He told Selectmen Mrs. Joslyn would like the permit stamped. Harry asked for the new map to go with the revised building permit. John Halter and Sandra Holland signed the original permit as revised. Harry stamped the papers.

·         Selectmen said the new, revised Building Permits are a single copy only and need to be copied once signed.

·         John Halter made a motion to approve minutes of the Nov. 30, 2009 Selectmen’s meeting. Sandra Holland seconded the motion. Both approved the motion.

Dick Betz asked the Selectmen to have minutes of Selectmen’s meetings put on the town’s website.

MaryLou Stymest said she understands the Selectmen received FEMA money and the Cemetery Commission was suppose to be able to receive some of the money for damage to the cemeteries from the ice storm. John Halter said when the tree was down FEMA didn’t see it. Mrs. Stymest said they did see it, but it was cut up and there was question as to who was taking it. She said Frank Stuckey took it as he was an insured tree man. Mrs. Stymest said she understands the town receives 75% of allowed charges for damage. John Halter said they received the first check in the summer, but haven’t seen the second check yet. Said he would check the FEMA manifest to see if the cemetery damage was on the list. He said David Vaillancourt helped the Selectmen with the manifest. John Halter recommended Mrs. Stymest ask him. He said if the damage is listed on the manifest, the Selectmen will give the money to the Cemetery Commission. If noted, the Commission would get 75% of the amount listed. John said he believes the first list was for wages and salary reimbursement. John Halter said he would also talk with Mr. Vaillancourt.

MaryLou Stymest also asked if the town is insured for vandalism as several headstones were knocked over in the New Town Cemetery on Mt. Stoddard Road at Halloween. Harry Power said to check the town’s insurance policy. John Halter said he would call. The Selectmen believe there is a $1,000 deductible. Harry Power said the vandalism should be covered. Mrs. Stymest said she has pictures and will get an estimate for the damage. She said she will check as the town may now be required to put in a cement base first. Harry Power said there should be a sign that states no pets are allowed in the cemetery and no entrance in the cemeteries after certain hours. He said the town should put up the sign so if police see anyone in there after hours they can refer to the posting. The vandalism was pointed out to David Vaillancourt, police chief. Mrs. Stymest said she will get a quote from Peterborough Marble & Granite. John Halter said he will report it to the insurance company so repairs can begin in the Spring.

·         Selectmen then approved and signed an abatement request from Ellen Mason. They also reviewed a detailed estimate from Critter Solutions to control mouse infestation at the Davis Library. The Library paid the company $150 for an inspection. The estimated balance is $915 to do the work which includes a stainless steel multi-flu chimney cap and a 79’ foundation seal to prevent the problem from returning. John Halter made a motion to pay the expense. Sandra Holland seconded the motion and both voted in favor of it. John Halter said he believes it should be on the library expense line for accounting purposes. It would look like an over-expenditure, but it is not over-expending overall.  The Selectmen also approved a payroll authorization for the library director. Selectmen reviewed the Building Committee contracts for work Baybutt is currently doing and the contractual language if in fact they get a new contract. The first portion requires one signature - scope of project review prior to work. Selectmen said the town is committed to the $12,500 for Phase 1 of the contract. Sandra Holland recommended it be signed as Baybutt has already done more than half of the work. John Halter signed it, witnessed by Sandra Holland. Copies will be made. Once signed by Baybutt, copies will be returned to Selectmen. The second phase is a standard architectural agreement which the town counsel has reviewed.

·         The Selectmen then reviewed quotes for Worker’s Compensation and Unemployment Insurance. The town has requested from Primex three years of history information…what has been paid out from Primex. They are seeking quotes and need the history.

·         The Selectmen also reviewed its annual agreement with Cartographic Associates Inc. of Littleton which has provided street numbering and basic tax maps for the E911 plan. The company is paid to maintain the maps and E911 plan. The cost last year was $1,950 for the basic maintenance agreement. John Halter recommended signing it to continue the service. Sandra Holland agreed and both signed the agreement.

·         John Halter said Selectmen received a letter dated Nov. 29, 2009 from Pine Tree stating as of Nov. 30, 2009, they were no longer serving customers in the town of Stoddard. Mr. Halter said it affects about 150 customers, many of whom are seasonal customers.

·         Sandra Holland then said she would like to address the interim or temporary administrative assistant situation for the Selectmen’s Office. She said James Coffey was Hillsboro’s administrative assistant for 16 years and a Selectman for 21 years in New Ipswich. He is seeking part-time work and could pick up the pieces until the Selectmen can make a decision for the permanent position. John Halter said the Selectmen can interview with or without posting it as it is temporary. Mr. Coffey is currently a contract administrator for the Emerald Lake District. He is very enthusiastic, very positive and knowledgeable. Sandra Holland made the motion to interview Mr. Coffey and have further conversation with him. John Halter seconded it. Both approved the motion. Sandra Holland will call him to set up an interview.

At 8:35 p.m., John Halter made a motion to go into executive session for the purpose of discussing public assistance. Sandra Holland seconded the motion. Both approved the motion.

Respectfully submitted,

TOWN OF STODDARD, NH

SELECTMEN’S MEETING

December 14, 2009

Town Hall - 7:00 PM

ATTENDANCE:     John D. Halter, Chairman

                                    Sandra L. Holland

                                    Arnold R. Stymest

REVIEW BILLS/SIGN MANIFEST

PLEDGE OF ALLEGIANCE

Chairman Halter moved to transfer $520,000 from savings to checking.  Selectman Holland seconded the motion, which passed unanimously.

SCHEDULED APPOINTMENTS

As no agenda was prepared for this meeting, Chairman Halter proceeded in sequence around the room inquiring if attendees had any questions or comments for the Board. 

Terry McMahon made a presentation on the Planning Board’s intent to publish an official town newsletter which would provide a brief forum for departments to let the public know what they are doing, progress to date, etc.  He has developed a form for capturing the information from department heads and committee chairs.  The intent is to publish the newsletter quarterly and the budget will cover an issue in January 2010 and another for April, in time to provide information about the upcoming Town Meeting in May.  Mr. McMahon anticipates putting forth a Warrant Article requesting a nominal amount of funding to support the newsletter for the following year.  Distribution will be via the town website, using the email addresses we have, and placing some copies in public places around town. 

Selectman Stymest asked how misinformation would be kept from getting into the newsletter.  Mr. McMahon stated that the input is to be neutral, with no attempt to persuade for or against any issue.  Mr. McMahon will collect the information and pass it to Pat Putnam.  If he had a concern with content or something appeared controversial, he would go back to the submitter.  The Planning Board as a whole would review the newsletter before it would be placed on the website or published.  Mr. McMahon noted that he could see a possibility for the newsletter to evolve over time where businesses might advertise or there might be a “swap shop” column. 

Dick Briere inquired why it would be thought this would reach more people than the meeting minutes which the Building Committee posts nearly weekly.  Mr. McMahon responded that, indeed, other departments, clubs, committees may find it more useful than the Building Committee.  For instance, the CEO and POSH could use this forum to disseminate information about current events or upcoming activities.

Linda Nichol came to the Board regarding her complaint against PJD Septic.  She stated that she would like further resolution, that an investigation be made based on her original complaint rather than what did happen.  Ms. Nichol stated that when the DES came, they came in response to Mr. Dionne’s email to them, not to the Selectmen’s letter of November 23^rd (copy of which was furnished to Ms. Nichol).  She noted that Tim Sweatt (DES) was not walked to the back of the house where the alleged activities of washing and storing of portable toilet units take place and runoff can easily wash down the hill into the area of their well. Gordon Garnett noted that his sister had previously made the same complaint.  Ms. Nichol requested that the DES be contacted again and asked to perform soil sampling tests and to investigate the area behind the house where the units are serviced and stored.

Compliance Officer Harry Power noted that there are no permits given for any commercial use in any residentially zoned area.  If Mr. Dionne would choose to continue using his residence for the business he would need to make application to the zoning board and have the matter presented in a public hearing.  Regardless when a business began, it must always be in compliance with current zoning regulations. 

Mr. Power stated that the Selectmen should ask Town Counsel for an opinion whether Mr. Dionne should be allowed to bring the portable units to a residential area.  If he is allowed, he would still need ZBA approval and a site plan review.  It was determined that the Board will follow up on this matter, concurrently contacting the Town Counsel and DES.

Chairman Halter introduced Jim Coffey.  Mr. Coffey had come in to meet Chairman Halter, Selectman Holland and Treasurer Putnam the previous Friday evening to discuss his interest in providing municipal administration services to the Town.  Mr. Coffey was asked to give a brief overview of his qualifications which include 20 years as a selectman in New Ipswich, service on the Planning and Zoning Boards, more than 17 years in municipal administration, and service on the Southwest Regional Planning Commission, including Chairing the Board. 

Selectman Holland moved and Selectman Stymest seconded the motion to bring Mr. Coffey on board as a temporary part-time town administrator, in accordance with the terms of a written proposal he had furnished the Board, until the 2010 Town Meeting.  The motion carried unanimously.  Mr. Coffey indicated that he would sit in with Ms. Putnam for a couple of Wednesday and/or Friday office hour periods to familiarize himself with the daily activities. 

Gordon Garnett presented an “Intent to Excavate” form.  He is cleaning up a log landing, an old pit on George Cahill’s property.  It is under the minimum for fees.  The Board signed the form and will send two signed copies to the DRA.

Herbert Healy came to the Board regarding previous correspondence regarding a garage built on their property thought by the town’s appraiser to be an extra bedroom or possibly an apartment.  The septic was not designed for a bedroom addition.  Mr. Healy stated that the septic was designed for three bedrooms and they have only two in the house.  The space in the garage is a recreation room for his grandchildren and does have a bathroom and built in bunk beds.  The Board’s position is not what the Healy’s are doing with the property at this time, but what could happen if it changes hands in the future.  Chairman Halter stated that perhaps a written stipulation that the space cannot be used as an apartment until and unless the septic is upgraded might be an adequate and agreeable resolution.  Mr. Power said he thinks that it would need to be filed with the property deed if it is meant to carry forward.

Mr. Power will go, at Mr. Healy’s convenience, to view the space.  The Board will develop an appropriate stipulation for Mr. Healy’s signature and ask Town Counsel or the LGC if it should be filed with the deed.

WORK SESSION

ITEMS FOR SIGNATURE:

1.                  Tax Abatement Form  -  Clerical error on Tax Bill, June & Bill Congdon,

                                           Corrected from previous week.

Chairman Halter noted that Pine Tree Cable has been purchased by Argent who pledges to not only continue cable TV service in several Cheshire County towns, including Stoddard, but to make improvements.

No other business coming before the Board, per motion from Selectman Stymest, second from Chairman Halter and unanimous approval, the meeting was adjourned at 8:20 PM.

Respectfully submitted,

Sandra Holland

Acting Secretary

Selectmen’s Meeting

December 21, 2009

Those in attendance: John Halter, chair; Sandra Holland; and Arnold Stymest.

The first order of business was a motion by John Halter to do a transfer of $350,000. Sandra Holland seconded the motion. All Selectmen voted in favor of the motion.

Selectmen then reviewed the minutes of the December 7^th and 14^th Selectmen’s meetings. John Halter made a motion to accept the Dec. 7^th minutes; Sandra Holland seconded the motion; John Halter and Sandra Holland voted in favor of the Dec. 7^th minutes. Arnold Stymest made a motion to accept the Dec. 14^th minutes; John Halter seconded the motion; all three Selectmen voted in favor of accepting the Dec. 14^th minutes.

The Selectmen also agreed to send minutes of all meetings to Joan Read to post on the town’s website.

Selectmen then met with the following:

Dean Huber: Mr. Huber, an electrician, discussed the emergency light at the town hall. He said it would cost $256 to replace it and said the light is obsolete. He said they could buy a new light with a new battery for less than the cost to replace the old one. He said the new fixture would be smaller and has a gel cell battery. John Halter said he favored a new one and made a motion to replace the unit and all the light bulbs in all the lights in the town hall. Sandra Holland seconded the motion. Mr. Huber said there would be some labor to replace the unit. John Halter said PJ Lamothe, the fire chief, did a safety inspection of the town hall and said the light has to be working. Mr. Huber said he would replace all light bulbs. All three selectmen voted in favor of the motion.

Paul & Pam Dionne: Mr. Dionne said he and his wife were attending the meeting to address the complaint against them. He said they are not here to defend themselves as there is nothing to defend. Mr. Dionne said he would like to see evidence presented to the Selectmen to make them believe this complaint. John Halter said they have no evidence. He said if someone comes formally before the Selectmen with a signed complaint, they act on it. The compliance officer, currently Harry Power, then checks out the complaint. Mr. Dionne referred to a letter dated Oct. 17, 2009 and said Mr. Power’s letter was dated Nov. 12, 2009. He said everyone in town had a copy of the letter, but he did not get a copy of the letter. He also stated the letter is written very lame.

Mr. Dionne said the town has no jurisdiction of land use in Hidden Lake. They are responding to disapprove the allegation. He said the Selectmen need to tell the complainant to go to the Hidden Lake Board of Directors. He said his neighbor clear cut their property and Harry Power could have seen the Dionne property anytime. Why didn’t he? Mr. Dionne said if a flood of septic was running into Rice Brook, why didn’t Mr. Power go to her property and look at it?

He said all the toilets are pumped out and washed out at the job site. Pam Dionne said she washes the exterior sometimes in their yard to keep them clean. There is no septic, only dust, using fresh water out of their well. There is no pressure washing and she only cleans the exterior area only, not the interior. She said very few are done at home. All pressure washing is done at their business in Swanzey NH. She said it is usually mid-May to mid-June and the end of August to just after Labor Day when they might wash the exterior of some units at home.

Mr. Dionne said he wants to work with the town, but he cannot take much more of this. He provided a copy of the Hidden lake Declaration of Restrictive Covenants to the Selectmen and referred them to the section under “Uses.” He said the notion to go before the Town for Site Plan Review wouldn’t hold water. He referred the Selectmen to the section which states,” No trade, business or commercial activity of any nature shall be conducted on said land.”…He said the complainant should be before Hidden Lake, not the Town. Sandra Holland said the Selectmen sent copies of the correspondence to the town counsel who has not responded. They are waiting to hear back. Mr. Dionne said he has been in Hidden Lake for about 20 years and the Hidden Lake Board has not told him he couldn’t be there. John Halter said the Selectmen do not enforce the Hidden Lake Covenant. John Halter said the Selectmen did not distribute information throughout the town. Paul Dionne said he and the gentleman from Department of Environmental Services (DES) walked his entire property as stated in the letter.

Harry Power said subdivisions and Site Plan Review take precedence over the covenant. Mr. Dionne asked for a copy of the RSA. Mr. Power said no one is exempt from state law. Mr. Power said the Community Planning Ordinance was adopted in 1986, and the Site Plan Review Feb. 5, 1996. He said Mr. Dionne’s business does predate the Site Plan Review. Mr. Dionne said natural expansion is allowed. John Halter stated Home Occupation is allowed in all districts, but Commercial is allowed only in Rural Districts by special exception.

Other business:

Selectmen then signed two Intent to Cut permits and two pistol permits.

Selectmen then did a final review of a building permit for Mirle Cross. They could not sign it until he provided a Public Utility Commission (PUC) number.

Sandra Holland made a motion for the Selectmen to not meet on Monday night, Dec. 28, 2009. Arnold Stymest seconded the motion. All Selectmen voted in favor of the motion. John Halter said he will not be at the Jan. 4^th and 11^th Selectmen’s meetings.

Items for discussion:

Selectmen reviewed proposals by Primex and the Local Government Center (LGC) for Unemployment Compensation and Workmen‘s Compensation. LGC estimated $820.50 for Unemployment Compensation. The town has already paid $111 to Primex for Unemployment Compensation for January-December 2010. LGC is proposing $7,513 for one year for Workmen’s Compensation. Selectmen will confirm Workmen’s Comp. by Primex before making a decision on it.

Northeast Recovery Recycling - They are asking for $51.15 in membership dues to a recycling organization. Sandra Holland said she does not see where they can do the town any good. Between now and June 20, 2010, the town is under contract with Waste Management and cannot sell salvage under the current contract.

Selectmen reviewed information for a Proposed Warrant Article & Budget Workshop (to write warrant articles), sponsored by the Dept. of Revenue Administration (DRA). The nearest one will be in Concord NH on Wed., Jan. 13, 2010. No Selectmen are able to attend.

Selectmen were sent a copy of the proposed Cheshire County budget - $41,718,552, up 8.5%.

Selectmen approved and agreed to pay $1,070.71 for the town’s annual membership to the NH Municipal Association. It was put in with the bills to be paid next week.

Selectmen reviewed a letter from the DRA stating Paula Clemente is no longer our municipal administrator. Jim Coffey, Stoddard’s part-time, temporary town administrator, needs to make an appointment with the Dept. of Revenue Administration regarding this.

The Selectmen then discussed installing locked mailboxes for all town departments in the foyer of the Town Hall. Sandra Holland made a motion to do this; Arnold Stymest seconded the motion. All Selectmen voted in favor of the motion.

Selectmen said the Risk Management Loss form must be filed by Jan. 1, 2010 to the DRA. The form is filed bi-annually. The Selectmen could not find one for 2008.

Town Safety Commission - Selectmen said it was recommended by the DRA to form one. John Halter said the town needs one. He said it would minimize risk which would minimize loss.

John Halter then made a motion at 8:45 p.m. to go into non-public session to discuss public assistance. Sandra Holland seconded the motion. All Selectmen voted in favor of the motion.

Respectfully submitted,

Carol A. Clark