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05/21/2018 SB Minutes

Bethlehem Board of Selectmen
Meeting Minutes
May 21, 2018

Present:  Chairman Moritz, Selectman Boisseau, Selectman Moore, Selectman Ubaldo, Selectman Glavac.

Chairman Moritz opened the meeting at 6:03 pm.
Chairman Moritz opened the public hearing for the Bethlehem Trails Association and read the public hearing notice.  Jim McCann and Selectman Boisseau presented the information on the trails they are proposing to build on town owned property.  They explained they are focused on human powered recreation trails and said they will be a single-track trail system 12 to 18 inches wide.  It was explained because there will be no charge for use the town will be protected for liability.  Three letters of support were received from Maura Adams, Northern Forest Center, Bob Weir, Bethlehem Elementary School Board, Paul Greenlaw, Bethlehem Reimagined, Inc.  Selectman Ubaldo asked if the trails are just for human powered use and was told by Selectman Boisseau that yes that is their focus.  Selectman Ubaldo asked if Horses and snowmobiles would be allowed.  Selectman Boisseau and Mr. McCann said that would be ok and said they have talked with the snowmobile group about the repair of the access bridge behind the pool area.  Selectman Ubaldo asked about ATV access and Selectman Boisseau said it was fine.  Selectman Ubaldo said he sees a great opportunity but doesn’t want to see it be exclusive.  Chairman Moritz said their expertise is in this, but they are not opposed to motorized.  There was discussion about the economic benefits to the town due to the trails.  Selectman Ubaldo said there are a lot of snowmobile and ATV registrations in NH.  Kelly McCann said they sat down with the snowmobile club and helped clear downed trees on snowmobile trails.  She said they have a nice working relationship with the snowmobile club.  Julie Seely said she thinks it is great and that we already have economic development from the snowmobiles but not from the mountain bikes.  Michael Bruno said he met with members of Bethlehem Trails Association and he feels this is very positive for the town.  Andrea Bryant asked if ATV’s are permitted on snowmobile trails in Bethlehem and was told no by Selectman Ubaldo, but they potentially could in the future.  Cheryl Jensen said it is great for the town and it doesn’t exist now.  Chris McGrath said anything that brings people to town is a good thing.  He asked if the fire department has the equipment needed to get in there if someone gets hurt.  Selectman Ubaldo said they would have no problem getting in just like in the White Mountain National Forest.  Multiple people spoke and said they thought it was a good idea.  At 6:30 PM Chairman Moritz closed the public hearing.  Chairman Moritz said there was a question if this required a town vote or not but said it would not due to smaller level trail.

PUBLIC INPUT
Peter Roy told the Board the public announcement display cases outside the front doors are in disrepair.  He said he repaired them years ago and wants to repair them again.  He estimates under $50.00 for supplies and the labor is free.  The Board gave him the ok to do that.
Mr. Roy also asked about the flag pole and the status of that.  He said he would like to help with  the process of getting the pole.

Clare Brown said the Heritage building needs to be painted.  She said maybe an option is to do the front and one side one year and the back and the other side another year.  She said it was last painted in the early 2000’s.  She said the Heritage had said they would help pay for the paint and last year the bid was about $8600.00.  There is a question of whether the inmates painting it is still an option or not.  Selectman Moore said the paint is peeling and the wood will rot if they don’t deal with it.  Mrs. Brown also said she went to a culvert meeting and they are now lining it and not digging up the whole thing.  She also said the bulletin board by the heritage building will be taken down and Scott Himmer will put up a new one.

Dann did a presentation and asked the Board what oath and RSA’s are they authorized under.  He also asked for the legal definition of “of the town”.  Chairman Moritz said the vote of the town is the legislative body.  Dann said everyone in the town doesn’t vote so minority of people don’t vote so it is improper to say vote of the town if not everyone votes.  Chairman Moritz said if you choose not to participate it is your choice.  Dann said it is not technically correct to say vote of the town when not everyone votes by a majority of the people that came out and voted.  He said he wouldn’t want to be lumped in with something he didn’t vote for.  Chairman Moritz said the Board doesn’t create RSA’s and they don’t have the authority to change them.  She said the majority of the legislative body equals the town votes.  Selectman Boisseau said it is the same thing when it is referred to the senate vote, the house voted, etc.  Dann asked if it’s improper should we be doing it.  He asked if the town equals every individual in town or all voters.  Dann asked the Board if it is possible for any person to violate a regulation that does not apply to that person.  Selectman Moore said if it doesn’t apply to you how can you be guilty of it.  Dann asked what proof there is of laws.  Bill Bochynski asked what legal duty and what evidence do they have for ordinances that 3 people signed (wildlife ordinance).  He asked what authority and jurisdiction they are bound by court of law.  He asked why does that law apply to 2500 people.  Rita read We the People of the United States, in Order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

The Board reviewed a request to support SB 365 (An act relative to the use of renewable generation to provide fuel diversity), SB 577(An act requiring the public utilities commission to revise its order affecting the Burgess BioPower plan in Berlin), and SB 446 (An act relative to net energy metering limits for customer-generators). The Board discussed how it has passed through the house and senate, so letter would be to support it not being vetoed.  Selectmen Glavac and Ubaldo said they would support it.  Selectman Moore said it is key for forest product industry.  Chairman Moritz moved to write letter to support SB 365, SB 577 and SB 446.  Selectman Moore seconded.  Carried 5-0.

Selectman Moore gave an update on roadside cleanup day.  She said about 60 people participated which included a dozen people from White Mountain School.  She said the ice cream social afterwards went well and thanked NCES, Brett Jackson, Chris Brousseau for their help and also everyone who attended.  Mr. McGrath asked if the town guys could wait until Monday to pick up the garbage to save money.

The Board reviewed minutes from 04/30/18, 05/07/18 and 05/16/18.
on
Chairman Moritz moved to approve the minutes from 04/30/18.  Selectman Glavac seconded.  Carried 5-0.
Chairman Moritz moved to approve the minutes from 05/07/18.  Selectman Moore seconded.  Carried 5-0.
Chairman Moritz moved to approve the minutes from 05/16/18.  Selectman Moore seconded.
Carried 3-0 (Selectmen Boisseau and Glavac abstained).

Chief Ho-Sing-Loy came to the Board to discuss upgrading the security door and locks on the police doors to card keys.  He said this would enable him to monitor when people go in and out.  He said he has 3 police doors and 1 records room door and the cost would be $5829.00.  He explained he would pay for it out of his capital reserve funds for police equipment.  The Chief told the Board he has a room full of evidence and there is nowhere else to put it.  Selectman Ubaldo asked if he could get better doors and the Chief said that would cost more money.  Selectman Glavac asked if it is necessary and the Chief said he is having to replace his locks yearly.  Peter Roy asked if the town auctions off unclaimed property.  The Chief said they give bikes to the fire department for their yard sale.  The Chief said their keys will also be able to access the schools.  Selectman Glavac moved to purchase the lock system for $5,829.00 pending confirmation it can come out of capital reserve fund.  Selectman Ubaldo seconded.  Carried 5-0.

Dann told the Board he wrote a letter to the editor in reference to candidate’s night.

The Board discussed a letter from Dan Tucker about a bond release for a gravel pit he previously owned.  The Board discussed referring it to the Planning Board.  Selectman Glavac said to check with NHMA.

Selectman Glavac said there is a lawsuit filed saying the landfill has polluted the Ammonoosuc River.  Selectman Glavac moved for the town to test the river from the landfill to Littleton town line.  Selectman Ubaldo seconded.
Selectman Glavac said the public deserves to know if the river is safe or not.  He said they shouldn’t wait for duration of the lawsuit.  Chairman Moritz said taxpayer dollars would be spent on that for a lawsuit that is not the town’s. Chris McGrath said the state already tested.  Selectman Glavac said he wants to clarify for the public.  Selectman Ubaldo said we should get information from DES.  Selectman Moritz said we should check with legal counsel.  Selectman Glavac said these are very serious allegations saying you can’t swim or fish in the river anymore.  Dann said if you test the water down from the landfill you should test above it as well.  Peter Roy said he tested his well and it cost under $100.00.  Chairman Moritz said they don’t know how much it would cost and said it is not in the budget.  Selectman Glavac said they should address it before summer.  Selectman Moore suggested contacting DES to see what they are testing.  Selectman Glavac said it should come from the town on the safety of the river.  Chairman Moritz asked what the liability of that would be.  Selectman Boisseau said it is a statement by one organization and the town isn’t saying that.  He said the water gets tested by DES.  Selectman Ubaldo said it is the Boards job to look into it for people of this town.  Chairman Moritz asked why the Board would get involved.  Selectman Glavac said citizens have asked him about it.  Selectman Boisseau said if there was a food contamination issue they wouldn’t go to the town.  Peter Roy said it was on WMUR and it will affect tourism.  Chairman Moritz said the lawsuit has nothing to do with us.  Selectman Moore said she wants more information.  Selectman Glavac said if allegations are costing money it needs to be addressed.  Chairman Moritz said DES info can go on website.  Selectman Ubaldo said they should look at this to our own landfill and issues with that.  Chairman Moritz said it is under DES authority and it is the Board’s job to make the info available.  The Board discussed inviting DES to the meeting and Selectman Glavac looking into costs of testing and if other towns test.  Motion (Selectman Glavac moved for the town to test the river from the landfill to Littleton town line.  Selectman Ubaldo seconded.)  Failed 2-3.
Selectman Glavac moved to contact DES to come do a presentation on health and safety of the river for fishing, swimming, and recreation in general downstream of the landfill.  Selectman Ubaldo seconded.  Carried 5-0.  Selectman Moore asked about legality of water issue and asked if they should discuss with attorney how to go forward.
Selectman Glavac moved to get in touch with Ammonoosuc River Advisory to see what their test show in the past and see if the river is safe for fishing, swimming, and recreation.  Selectman Ubaldo seconded.  Carried 5-0.

At 8:15 Chairman Moritz moved to go into non-public session per RSA 91A:3 II for matters of personnel and legal.  Selectman Boisseau seconded.  Chairman Moritz did roll call with all members agreeing to go into non-public session.  Dann objected to the non-public session.
The Board discussed Country Club Hires.     Chairman Moritz moved to approve the hires (WS, CB, JD) and pay increases (NC,HV) recommended by Matt Courchaine for the Country Club.  Selectman Moore seconded.  Carried 5-0.
The Board discussed a legal issue.
At 9:09 Selectman Moore moved to come out of non-public session.  Selectman Boisseau seconded.  Chairman Moritz did roll call with all members agreeing to come out of non-public session.

 

Respectfully submitted,
April Hibberd
Administrative Assistant