Center Harbor Board of Selectmen Board of Selectmen s Meeting Wednesday, April 18, 2018 CALL TO ORDER: At 7:00 p.m. Chairman Harry Viens called the Board of Selectmen s meeting to order. Selectmen Richard Hanson (via speakerphone) and Richard Drenkhahn were present. Quantum Construction Consultants, LLC (QQC) Senior Project Engineer Jim Bouchard, Road Agent Jeff Haines, Code Enforcement Officer Ken Ballance, David Reilly and Selectmen s Administrative Assistant Robin Woodaman were also present. AGENDA REVIEW: Mr. Viens reported Code Enforcement Officer Ken Ballance would like to discuss a matter with the Selectmen. MEETING MINUTES: April 3, 2018 Board of Selectmen s meeting minutes: Mr. Drenkhahn motioned to accept the minutes of the April 3, 2018 Board of Selectmen s meeting as presented electronically. Mr. Hanson seconded the motion and the vote was unanimous. APPOINTMENTS: ROAD AGENT JEFF HAINES: Municipal Building parking lot: There was discussion regarding the original plan, which was to push back into the slope and construct a way for trailer parking on the hill in back of the church. The Selectmen would like the parking lot repaired, but do not plan to construct an access to the area in back of the church. Mr. Haines reported the amount of water coming into the parking area should be addressed so there is a dry, stable area. This project would be funded from the Public Safety Facility Capital Reserve Fund (CRF); the Selectmen explained this CRF would also fund the addition of a bay at Fire Station 2 (at the Highway Garage). Mr. Drenkhahn motioned for Mr. Haines and Quantum Construction Consultants, LLC Senior Project Engineer Jim Bouchard to design a plan for the Municipal Building parking lot. Mr. Viens seconded the motion and the vote was unanimous. Road repairs: o McCrillis Hill Road: Mr. Haines reported the McCrillis Hill Road culvert work is set to go when the water level is lower. o Follett Road: Mr. Bouchard reported six culverts (five are failing) will be replaced on Follett Road; one is considered an intermittent stream, which requires additional State of New Hampshire Department of Environmental Services (NH DES) permits. He reported on the difficulty obtaining the permits and explained this culvert is being treated as if it s a bridge crossing, which would dramatically increase the cost of this project. Mr. Ballance reported he meets with Executive Councilor Joe Kenney and offered to pass this information to him; Mr. Haines will submit the information to Mr. Ballance for his meeting with Mr. Kenney. o Road repair schedule: Mr. Haines reported the schedule for road repairs to other roads will depend on the final costs for Follett Road. He reported, as soon as the weather improves, he and Mr. Bouchard will review sections of the following roads: High Haith Road, Fairway Heights Road, 1
Woodridge Road, Piper Hill Road, Bartlett Hill Road, Hawkins Pond Road, Coe Hill Road and Butterfield Road. Mowing of Town grounds: Mr. Haines asked the status of mowing Town grounds. Mr. Viens reported the Selectmen will determine if Stephens Landscaping will be hired after the Zoning Board of Adjustment rules on the variance application for 24 Dew Point Lane. Road right-of-way: Mr. Haines reported a property owner on College Road would like to construct something between his house and the road; he reported the Town s right-of-way needs to be determined. Mr. Ballance reported, when the right-of-way is not known, it is assumed to be 16 ½ feet from the centerline of the road. Mr. Bouchard reported typically roads were designed as ox paths and were not defined. He reported Courts, with lack of any hard evidence, have allowed towns to use the best fit what the town has maintained plus 12 to 15 feet. He reported looking at the road, stone walls, fence lines and boundary markers can determine the prescriptive highway easement which the State of New Hampshire Department of Transportation accepts. Mr. Viens reported, in a good faith effort, deeds will be researched. Mr. Ballance recommended the right-of-way be determined in a timely manner. Mr. Reilly reported he owns a 200 year old home and anyone who buys an older home has to understand that water may go under the house and the houses are right on the road. Fire Department Expedition: Mr. Haines asked the status of the Fire Department Expedition, which was removed from road as of the end of March. He reported the State auction is May 19 th. Mr. Drenkhahn motioned to sell the Expedition at the State auction. Mr. Viens seconded the motion and the vote was unanimous. Mr. Haines has a trailer that can transport the vehicle to Concord. Japanese Knotweed: Mr. Haines reported working with Prescott Scott Towle, who was recommended by Charley Hanson for the removal of Japanese Knotweed. Mr. Towle is licensed by the State and utilizes only environmentally friendly herbicides which are harmless to humans, animals and other wild life. Mr. Haines reported Charley Hanson s company produced a map of the Japanese Knotweed on Town properties and right-of-ways. Mr. Haines the application is being submitted to the State; once a permit is issued Mr. Towle will be hired to spray the invasive species in September. Highway Garage insulation project: Mr. Haines reported the Energy Committee s (EC) Highway Garage insulation project is completed. He reported the New Hampshire Electric Cooperative (NHEC) recommended the EC look at updating the lighting and heating, which would qualify for a NHEC rebate. NH DES wetlands maintenance application: Mr. Haines reported he submitted a NH DES wetlands maintenance application for the Town docks and boat launch. FEMA funds: Mr. Haines reported the Town has not received the FEMA funds pertaining to the March 2017 storm; the funds should be forthcoming. He reported he submitted information on the cost (approximately $10,000) of the March 2018 storm for possible FEMA funding. 2
CODE ENFORCEMENT OFFICER KEN BALLANCE: Center Harbor Neck Road: Mr. Ballance reported a property owner on Center Harbor Neck Road planned to build a garage; the architect who was hired did extensive deed research and found there is no road in this area; the property lines go back and forth. 41 Keewaydin Road: Mr. Ballance reported the property owner of 41 Keewaydin Road received State permission, and a waiver, to cut pine trees along the shorefront. He reported the original documents submitted to him were incomplete and asked the owners to submit a survey indicating the trees to be cut. Mr. Ballance reviewed this survey with the Selectmen and there was discussion regarding the point system for removing, and replacing, trees. He reported he will recommend the Planning Board (PB) consider proposing changes to the Town s ordinance to be more in line with the State s point system. School House lighted exit sign: It was reported that the lighted exit sign at the School House building is not working; Mr. Ballance will oversee this repair. Bath House renovations: Mr. Ballance reported it will cost approximately $30,000 to renovate the Bath House. Funding for this project would be from the Parks & Recreation Revolving Fund. Center Harbor Inn: Mr. Ballance reported his understanding that the Selectmen could modify the 1995 dock rental ruling at the Center Harbor Inn. He reported the State does not allow moorings to be rented. Mr. Ballance reported, if the Selectmen allow the Inn s rental of more docks, Planning Board site plan approval will be required for the additional vehicles parked on the property. He reported most places that rent dock space include two parking spaces per dock. Mr. Ballance reported the parking has to be on site. PUBLIC INPUT: None SELECTMEN S REPORTS: MR. VIENS: Center Harbor Inn: Mr. Viens reported representatives of the Center Harbor Inn met with the Planning Board (PB) to discuss the Selectmen s 1995 ruling allowing them to rent three dock slips and one mooring. He reported Town Attorney Chris Boldt advised him that, if they chose to do so, the Selectmen can renegotiate the agreement with the Center Harbor Inn to allow more usage of their dock spaces. Intermunicipal ambulance meeting: Mr. Viens reported there will a meeting an Intermunicipal ambulance meeting on Wednesday, April 25 th at 5:00 p.m. in the Cary Mead Meeting Room. MR. DRENKHAHN: Energy Committee (EC): Mr. Drenkhahn reported on the EC s April 5, 2018 meeting: o Highway Garage ceiling insulation: Mr. Drenkhahn reported the EC had discussed insulating the Highway Garage s ceiling. EC member Chris Williams spoke to an engineer about the added snow load who reported that project could cost approximately $100,000; the EC decided not to pursue this project. o Highway Garage roof leaks: Mr. Drenkhahn reported there are leaks in the Highway Garage roof which need to be addressed. 3
o New Hampshire Electric Cooperative (NHEC) Smart Hub: Mr. Viens reported the NHEC Smart Hub requires a different login for each account; due to the number of NHEC accounts the Town has, it would not be practical for the EC to track the Town s electrical usage that way. Ms. Woodaman reported EC member Bernie Volz requested copies of the Town s electric and fuel bills from January 1, 2016 forward. UNFINISHED BUSINESS: BANDSTAND: Repairs: The Selectmen received an email from Parks & Recreation Director Sandy Frost requesting the Selectmen consider a bandstand facelift : she reported, in her opinion, a new roof, paint and some repairs are needed. Mr. Viens requested this be forwarded to Mr. Ballance Lighting: The Selectmen received an email from Town Band Director Carlos Martinez requesting the bandstand s mini flood lights be repaired; he would also like to know if there is a specific switch to those mini flood lights and asked if they could be adjusted to light up the extension portion of the stage. Mr. Viens requested this be forwarded to Mr. Ballance NASON & HAYES V KLINE ET AL: The Selectmen received, and reviewed, copies of the following regarding Amanda Nason and J. Conor Hayes v. Edwin Duke Kline, Cynthia Yeager and New England Coastal Realty, Inc., d/b/a/ Keller Williams Lakes and Mountain Realty 211-2017-CV-00299: 1. Plaintiffs Motion for a Preliminary Injunction Against Defendant Edwin Duke Kline; 2. Plaintiffs Memorandum of Law In Support of Motion for a Preliminary Injunction Against Defendant Edwin Duke Kline, with Exhibits; and 3. Proposed Preliminary Injunction. NEW BUSINESS: PREPAYMENT OF PROPERTY TAXES: Town Clerk/Tax Collector Mary Richardson submitted information on RSA 80:52-a; Taxpayers shall be allowed to prepay taxes no more than the calendar year in advance of the due date of the taxes. No interest shall accrue to the taxpayer on any prepayment, nor shall any interest be paid to the taxpayer on any prepayment which is later subject to rebate or refund. Ms. Richardson reported taxpayers will not be allowed to carry funds over to the following year. She requested the Selectmen adopt this policy. Mr. Viens motioned to adopt the following: Taxpayers shall be allowed to prepay taxes no more than the calendar year in advance of the due date of the taxes. No interest shall accrue to the taxpayer on any prepayment, nor shall any interest be paid to the taxpayer on any prepayment which is later subject to rebate or refund. Mr. Drenkhahn seconded the motion and the vote was unanimous. 4
MUNICIPAL BUILDING WATER HEATER: Fire Chief Leon Manville reported, via email, that the Municipal Building s water heater, located in the Fire Station is leaking. He reported the water heater was installed approximately five years and had a three year warranty. Chief Manville reported Minute Man Plumbing could replace what is there at a cost of $4,500 plus additional parts and labor, or a new 80 gallon stainless steel HTR light commercial water heater could be installed (with a ten year warranty) at a cost of $1,585 plus additional parts and labor. Mr. Drenkhahn motioned to authorize the installation of the 80 gallon stainless steel water heater at a cost of $1,585 plus additional parts and labor. Mr. Hanson seconded the motion and the vote was unanimous. AGREEMENTS: Twin Rivers Office Machines, Inc.: Mr. Viens motioned to enter into a copier maintenance agreement with Twin Rivers Office Machines, Inc. for the Fire Department and Library s copiers in the amount of $420. Mr. Hanson seconded the motion and the vote was unanimous. Cartographic Associates, Inc. (CAI): Mr. Viens motioned to enter into a Heritage Asset GIS services agreement with CAI in the amount of $1,975. Mr. Hanson seconded the motion and the vote was unanimous. LAKES REGION PLANNING COMMISSION (LRPC): Transportation Data Collection services: The Selectmen received information from LRPC regarding their Transportation Data Collection services for municipalities. Some of the services offered are: Road Surface Management, Culvert/Stream Assessment and Municipal Traffic Counting. Mr. Viens reported he passed this information to Police Chief Mark Chase. He requested a copy for forwarded to Road Agent Jeff Haines. Oil and propane group purchase: LRPC is issuing a multi-town Request for Proposals (RFP) for the purchase of oil and propane at a group rate. Mr. Viens motioned to submit the Town s oil and propane information to LRPC to be included in the RFP. Mr. Drenkhahn seconded the motion and the vote was unanimous. ADDITIONAL BUSINESS: POLICE DEPARTMENT: Intern: Police Chief Mark Chase submitted a letter he received from a Police Department student intern thanking him for the opportunity to serve; the student had the opportunity to work on a variety of different tasks with different officers. He reported the Police Department was extremely welcoming and helpful throughout the internship; he received valuable career advice he will use moving forward in his life. SB55 Relative to the Servicing of Backflow Devices and Arrest Powers of the Fire Marshal Investigators: Chief Chase submitted a letter he received from State Fire Marshal J. William Degnan thanking him for his assistance in support of the fire investigators and the removal of SB55. Fire Marshal Degnan reported the enactment of SB55 would have removed essential law enforcement authority from the Fire Marshal s Office. 5
STATE OF NEW HAMPSHIRE: State of New Hampshire Division of Forests and Lands: Mr. Viens motioned to recommend Donald Bosse be appointed as a Deputy Forest Fire Warden per Forest Fire Warden Leon Manville s recommendation. Mr. Drenkhahn seconded the motion and the vote was unanimous. State of New Hampshire Department of Revenue Administration (NH DRA): o NH DRA Application for Current Use : Mr. Viens motioned to approve the following NH DRA Application for Current Use : Carty TML 208-15 Mr. Drenkhahn seconded the motion and the vote was unanimous. o NH DRA Excavation Tax Assessment : Mr. Viens motioned to sign the following NH DRA Excavation Tax Assessment : Ambrose Brothers TML 220-24 Mr. Drenkhahn seconded the motion and the vote was unanimous. o NH DRA Permanent Application for Property Tax Credit/Exemptions : Mr. Drenkhahn motioned to approve the following NH DRA Permanent Application for Property Tax Credit/Exemptions, Veteran s Tax Credit: Ulm TML 102-30 Arsenault TML 215-37 Marino TML 226-23 Till TML 214-36 Greene TML 225-29 Poole TML 221-39 Stairs TML 215-4 Hudson TML 214-39 Mr. Viens seconded the motion and the vote was unanimous. o NH DRA Charitable Organizations Financial Statements : The Selectmen reviewed the following NH DRA Charitable Organizations Financial Statements : Lakes Region Conservation Trust NH Audubon Society Squam Lakes Conservation Society New England Forestry Foundation CONSTRUCTION PERMIT APPLICATIONS: The Selectmen reviewed the following approved construction permit applications: McLaughlin TML 208-57 Richardson TML 222-9 Mattson TML 220-2 6
Wollinger TML 103-17 CURRENT BILLS PAYABLE: The Selectmen reviewed, and approved, the payroll and accounts payable manifests as presented. GENERAL JOURNAL ENTRIES: The Selectmen reviewed, and approved, the general journal entries as presented. PUBLIC INPUT: None NON-PUBLIC SESSION: At 8:42 p.m. Mr. Hanson motioned to go into a non-public session per RSA 91-A:e, II(c) to review elderly exemption applications. Mr. Drenkhahn seconded the motion. The members were polled: Mr. Viens yes, Mr. Hanson yes, Mr. Drenkhahn yes. Mr. Viens, Mr. Hanson, Mr. Drenkhahn and Ms. Woodaman were present for a review of financial information submitted pertaining to elderly exemptions. At 9:00 p.m. Mr. Viens motioned to end the non-public session. Mr. Hanson seconded the motion and the vote was unanimous. RECONVENE: At 9:00 p.m. Mr. Viens reconvened the Board of Selectmen s meeting. ELDERLY EXEMPTIONS: Mr. Drenkhahn motioned to approve the elderly exemptions which were reviewed in a non-public session. Mr. Hanson seconded the motion and the vote was unanimous. LOCAL LANDSCAPE COMPANIES: Mr. Viens submitted a list of local landscape companies and requested letters be sent to them informing them of the Town s requirement for construction permits for work, including landscaping, with a value of $1,500 or more. ADJOURNMENT: At 9:02 p.m. Mr. Drenkhahn motioned to adjourn the Board of Selectmen s meeting. Mr. Hanson seconded the motion and the vote was unanimous. Respectfully submitted, Robin Woodaman Selectmen s Administrative Assistant 7