DUNBARTON BOARD OF SELECTMEN

MINUTES OF MEETING

THURSDAY, DECEMBER 30, 2004

TOWN OFFICES – 7:00 P.M.

 

The regularly scheduled weekly meeting of the Dunbarton Board of Selectmen was held at the above time, date and place with Chairman J. R. Swindlehurst presiding.  It was noted that the meeting was called to order at 7:07 p.m.  The following were present:

 

                J. R. Swindlehurst, Chairman

                Charles (Chuck) Graybill

                Mert Mann

                Janice VandeBogart, Town Administrator

 

The Selectmen signed checks.

 

GENERAL BUSINESS:

 

Fred Dion

 

Fred Dion and his wife appeared before the Board of Selectmen.  They stated they had purchased property in Dunbarton at Tucker Hill in June 2004.  They have children ages 6 and 9 years of age.  In July we contacted the School Board and asked if there was anything else we had to do. We didn’t have a house built yet and wrote a letter to the School Board.  Went to the School Board meeting on September 1.  The School Board came up with a figure of $33.00/per child per day to attend Dunbarton Elementary School.  We wanted to get our girls into school at the start of the school year so we decided to do it.  We came back to the Board in three months, and we paid the $33.00/day per child.  On December 1, we went back to the meeting and told them we had an issue with the well.  We thought the Zoning Board should not be an issue.  Went to the December 1 School Board Meeting and told them we would be two weeks out.  We left the meeting.  Stated we  were told to continue to pay the $66.00/per day for the two children.  Based on a school year of 180 days, this amounts to $11,880. 

 

Mrs. Dion stated that by just having two additional children in the school does not add $33/day per child to the school costs.  This doesn’t make any sense. 

 

Mr. Dion stated there are two issues here: 

 

1.        Some of the same people sat on both Boards.  The well is 12 feet closer to the road than it should be.  Stated he would be willing to sign a release to the Town.  This should be a “no brainer”.  We were denied the Equitable Waiver and are in the process of appealing the decision.  Now the house is completely built.  If you go over all the criteria for the Equitable Waiver, we meet every single one of them.  We shouldn’t have to pay $5,000  - $7,000 for a new well and incur this expense to move the well 12 feet. 

 

2.        Mrs. Dion stated that drilling a new well close to the present well will increase the chances of contamination.  We are trying to be a part of this community.  The message we are getting is that “you are outsiders and you are going to jump through the hoops.”  As far as the School Board is concerned, you are better off to lie.  They set the fee very high.  I know of another family in town with the same problem, and they have pitched a tent to live in, etc.  This is how we are seeing Dunbarton.  We want to move into our house.  We are trying to be part of this community.  We appreciate your time. 

 

The Selectmen noted they had no jurisdiction over the School Board and their decisions. 

 

 

Alison Vallieres, Planning Board Secretary

 

Alison Vallieres presented the Board of Selectmen with the proposed non-conforming lot zoning amendments.  She requested permission to forward them to Town Counsel for review.

 

The Selectmen approved the request to forward the amendments to Town Counsel.

 

Janice VandeBogart, Town Administrator

 

1.        Reported that the Mason & Rich Audit Balance of $12,452 needs to be carried forward into the next year. 

 

MOTION:

 

J. R. Swindlehurst made a motion that the Dunbarton Board of Selectmen authorize the $12,452 for GASB be carried forward to the next year.  Mert Mann seconded the motion.  The motion passed unanimously. 

 

2.        Janice VandeBogart reported there was $2,000 left in Office Equipment for this year.  Asked if this could be used towards the new telephone system.

 

Selectmen agreed that the $2,000 could not be used towards the new telephone system.  The new system will have to go to bid.  The $2,000 should go back into the General Fund. 

 

3.        Requested permission to carry forward $5,098 for payment to Harlan Noyes into the new year.  Harlan Noyes has requested that he not be paid this amount until 2005. 

 

Selectmen agreed that the $5,098 amount should be paid in this calendar year. 

 

4.        Regarding the contract with Guy Ducet for cutting trees for the Highway Department, he cannot do it before the end of the year.  The amount is $1,000. 

 

Selectmen agreed to wait until next year for the tree cutting. 

 

MOTION:

 

Mert Mann made a motion that the Dunbarton Board of Selectmen go into non-public session in accordance with RSA 91-A:3 at 7:37 p.m. to discuss welfare and personnel issues.  The motion was seconded by Charles Graybill.  The motion passed with a roll call vote as follows:

 

                Graybill – Yes

                Mann – Yes

                Swindlehurst – Yes

 

NO DECISIONS OR MOTIONS WERE MADE DURING THE NON-PUBLIC SESSION.

 

 

MOTION:

 

Mert Mann made a motion that the Dunbarton Board of Selectmen adjourn the non-public session at 8:27 p.m.  in accordance with RSA 91-A:3.  The motion was seconded by Charles Graybill.  The motion passed unanimously with the following vote:

 

                Mann – Yes

                Swindlehurst – Yes

                Graybill – Yes

 

 

MOTION:

 

Mert Mann made a motion that the Dunbarton Board of Selectmen refer a complaint by Gary Chicoine relative to unfair treatment and defamatory remarks made by John Herlihy at the December 13, 2004 Dunbarton Zoning Board of Adjustment Meeting to the Dunbarton Ethics Committee.  Charles Graybill seconded the motion.  The motion passed unanimously. 

 

OTHER BUSINESS:

 

Ron Slocum:

 

1.        Ron Slocum reported that he had requested a check be forwarded to the Central New Hampshire Regional Planning Commission for work on the Master Plan.  He stated that some of the funds were for work that will not be completed until January and February of 2005.  Wanted to verify with the Board of Selectmen that this was appropriate. 

 

It was noted that this work had been contracted for with Central New Hampshire Regional Planning.  If the funds are allowed to lapse at the end of the year, there will be no funds to pay for the services done in January and February.  The Master Plan final review is scheduled for January 19, 2005. 

 

Selectmen agreed that this is alright because there is already a contract in place for the services.  Ron Slocum stated he wanted to make sure that they were aware that we are paying for services that have not been done. 

 

2.        Ron Slocum asked about the CIP, Build Out Study, etc. and other warrant items.  What is our liability for the Build Out Study and the CIP? 

 

Selectmen stated that the cost for these items would have to be on a Warrant Article at Town Meeting in March for funding.  Planning Board should obtain estimates for the cost of these before writing the Warrant Article. 

 

Members of the Public:

 

Lori Davis stated the following:

 

1.        She stated she noticed when the Selectmen are signing checks, there is no one stating the amount of the checks, to whom they are written and what they are for.  She stated that according the RSA 91:A, the Public Right to Know Law, this should be happening. 

 

She stated she had given the Town Administrator a copy of an Attorney General Administrative Ruling in March of 2003 regarding this issue. 

 

2.        Stated she was concerned about the number of Non-Public Sessions that the Board of Selectmen has had over the past two years. 

 

Charles (Chuck) Graybill stated that most of the meetings were concerning Welfare issues.  Obviously, the Town’s Welfare budget has increased considerably from $5,000 to over $35,000.  This is the reason for the number of non-public sessions. 

 

3.        Stated that last night at the Transfer Station there were some difficulties.  Holidays fall on days when the Transfer Station is usually open.  They move their schedules around.  People have not been able to empty their dump.  The Transfer Station will be closed on both Holiday Saturdays.  We had a big problem last night.  Some way the schedule should be shifted.

 

Selectmen noted  the Transfer Station opened up on Tuesday, from 10-3 for any public that wants to take advantage of it, and  Wednesday night between 4 and 8.  Last night the trash was being put on the ground. 

 

J. R. Swindlehurst stated he was there and the box filled up fast. Woody is on vacation.  Allen, Town Employee, was not working the whole night.  We were loaded with trash all night.  Apparently the box was full.  I was in line and saw Allen driving in.  I stayed for two hours.  Allen pulled the box and we got the machine running again and trash was being  in the hopper and all the trash was put in the box.   Woody should put another open container out and leave it there.  It is a lot better now and it was all cleaned up by 10:00 am this morning.  Was all in the hopper last night.  There was no trash left on the ground. 

 

Lori Davis asked if we went into a lot of overtime because of this. 

 

4.        Asked why Steve Duggan, Town Legal Counsel, was present at this meeting.  Stated she would like to see the Legal Bill for the whole John Herlihy Zoning Board of Adjustment issue when it comes in. 

 

       Steve Duggan stated he was asked by the Selectmen to stay until the end of the Selectmen’s

       Meeting. 

 

A motion was made to adjourn the meeting at 8:50 p.m.  The motion was seconded and passed unanimously.

 

                                                                                                                                Respectfully submitted,

 

 

                                                                                                                                Alison R. Vallieres

Recording Secretary

 

________________________________________

J. R. Swindlehurst, Chairman, Board of Selectmen

 

_______________________________________

Charles (Chuck) Graybill, Selectman

 

_______________________________________

Mert Mann, Selectman