TOWN OF DUNBARTON
BOARD OF SELECTMEN
MINUTES OF MEETING
May 20, 2004
Present: Chuck Graybill
J.R. Swindlehurst, III
Mert Mann
Janice Van de Bogart, Town Administrator
7:00 p.m. Chuck called the meeting to order. Jan Van de Bogart, re: paving and gravel crushing bids
Jan recommends that the gravel crushing be done by C. J. Bolton at a cost of $3.25/ton.
Mert made a motion, which Chuck seconded, to accept Jan’s recommendation to hire C. J. Bolton to do the gravel crushing at a cost of $3.25/ton. The motion carried.
Jan indicated that the paving prices have come down and it will need to be re-bid. J.R. asked if we could include grinding in the bid. Jan would like the re-bid to include everything. He will invite Brox and Pike to re-bid. J.R. approved the re-bid.
7:15 p.m. J.R. motioned to go into nonpublic session, pursuant to RSA: 91.A, to discuss a welfare issue. Mert seconded the motion. All members said “yea” and the motion carried.
7:32 p.m. Chuck motioned, which was seconded by Mert, to end nonpublic session. All members said “yea” and the motion carried.
7:35 p.m. Police Chief Jeff Nelson and Officer Connelly, re: Commendations and Noise Ordinance update
1. Jeff brought in the following commendations (see attached):
• Executive Officer Connelly – for his excellent work, both in overtime
and volunteer, with regard to the recent abandoned boxer, which resulted in
an arrest.
• Barbara McCann (not present) – for her assistance in the abandoned
boxer incident, which involved handling hundreds of calls
2. Noise Ordinance update. Jeff reviewed his second revision to the ordinance, which he feels addresses all of the concerns that were expressed in the public hearing.
J.R. noted that there was a concern expressed concerning the late time being 10 p.m., rather than 11 p.m.
Chuck motioned to accept the revised Noise Ordinance, with a change from 10 p.m. to 11 p.m. in all categories (including 2B, 4A). Mert seconded the motion. The motion carried.
Jeff will make the change and e-mail the revision to Janice.
Chuck passed along that some Gorham Pond Rd. residents feel slighted by what they perceive as a lack of police presence in their neighborhood.
7:45 p.m. Other Business:
Janice confirmed that the Board will have summer hours in July and August of
bi-weekly meetings, beginning on 7/8.
J.R. noted that the Town did not stop Mr. Gleason’s business. The cease and desist was issued, preventing Mr. Gleason from conducting a business at 1065 Clinton St., for failure to comply with the Home Occupations regulations. He is still able to run his route. His customer base was not affected by the order.
8:00 p.m. Ken Swayze, Robert Salley, Anna Silver and several other residents,
re: McDevitt’s gravel pit, Ray Rd.
Mr. Salley referenced RSA 155, E: 3, concerning dust control and traffic. He
indicated that trucks are coming in as early as 5:15 a.m. during the week and
6 a.m. on weekends, are handling debris and hazardous waste, including petroleum
by products, which is interrupting the ground water. He brought in photos.
Chuck noted that there will be an on-site inspection next Thursday. Ken noted that DES are the real enforcers.
Mr. Salley noted that the conditions of operations stipulate hours of 7 a.m. – 6 p.m.
Ms. Silver noted that there have been close calls with trucks and kids playing and riding their bikes. She would like respect for the neighbors. She noted that it has been quiet for the past two weeks, but prior to that, there has been steady traffic six days per week. They were dumping stumps, nor have they applied water to the road.
Mr. Salley feels it is a health hazard. He is fine with the gravel going out, but it is the material coming in that concerns him. He feels that the cleanup from the excavating sites is going back to the water table.
Ken mentioned that he notified the Conservation Commission.
Other residents voiced similar concerns with what is going in and the hours of operation. Dave Hackett was also concerned with the uncertainty of the Town receiving its fair amount of gravel tax.
Mr. Salley noted that one condition limited their operation to no closer than 100 feet from the property line. He noted that they have gone to and exceeded the property line. Jennifer Samela from the Army Corps of Engineers was present and indicated that they will be conducting their own investigation, which may impact operations.
Mr. Salley referenced an RSA stipulating that the Regulation Commission of the Town can go onto the property for an inspection without notice. Ken confirmed that he has seen trucks going in at 6:30 a.m. He has talked to Kevin McDevitt about the hours and there is an improvement for a while. He also mentioned that the Army Corps of Engineers has issued a cease and desist order to Mr. McDevitt.
Ken will contact Mary Pinkham Langer at the State. J.R. asked Ken to call Mr. McDevitt and inform him of the major concerns.
8:30 p.m. Woody Bowne, Transfer Station issues
Woody indicated that he doesn’t have funding for a 5th person. J.R. indicated
that this person would be hired by the Town, to allow for a rotation in the
schedule, to reduce burnout.
About 1,000 yards of gravel will be hauled out by Jan to crush.
Unscreened compost pile – Chuck wants to give it to Billy Nichols. J.R. asked Jan to see what he can do about it, but that money is good.
Chuck discussed a confrontation between Mr. Boynton and Woody, in which the police were called. Apparently a letter was sent out to all of Mr. Boynton’s customers, informing them that he was no longer going to recycle trash. Chuck feels it is against the Town’s recycling efforts to condone his refusal to accept recycled materials.
Woody said that Mr. Boynton was holding his trash until Wednesdays. Woody said he needs to adjust Wed. hours if he is going to dump regularly on Wednesdays. Mr. Boynton assured Woody that he was going back to Tuesdays.
J.R. feels that since recycling is not mandatory, there is nothing we can do about Mr. Boynton’s stand on recycling.
Woody asked about the draft of fees for the Transfer Station. Chuck said it
is fine.
Chuck motioned to accept, based on the public hearing, the Transfer Station fee schedule (see attached), with the addition of a $5 fee for each $20 lb. propane tank. Mert seconded the motion. The motion carried.
Motion was made by Chuck Graybill to assess the Commercial Haulers a user fee of $250.00 effective July 1, 2004 and effective January 1, 2005 $500.00 per year. Mert Mann seconded the motion, all were in favor. Janice VandeBogart will issue invoices to the Commercial Haulers.
8:45 p.m. J.R. invited public comment
Lori Davis asked whether the part time position for the summer was posted. The
position was advertised in the newspaper. She feels that we should have a policy
on younger students working. Mert indicated that Geoff Johnson responded to
an ad, and that he went through the proper channels.
Lori agrees with J.R. that you can’t require recycling when it is not mandatory.
She asked who was doing the mowing, and commented that the Town offices’ lawn looks “messy”. The Selectmen disagreed saying that the lawns were mowed today and looked great.
She wanted to know who grades Kimball Pond and Tenney Hill roads and why. Janice indicated that it will be done after the rain has stopped and that Jan checks constantly. J.R. told Lori to talk with Jan.
9:00 p.m. J.R. motioned to adjourn the meeting. Mert seconded the motion. The motion carried.
_______________________________________________________________
J.R. Swindlehurst, III, Chairman
________________________________________________________________
Chuck Graybill, Selectman
Mert Mann, Selectman
Respectfully Submitted,
Joanne Johnson