Conservation Commission Minutes

May 1, 2007

Official as of June 5, 2007

Chairman Roy calls the meeting to order at 7:00 p.m.

PRESENT: Chairman Steve Roy, Vice-Chairman Jim Ryan, Steve Hampl, Alternate Wini Young, Alternate Pauline Lemelin, Board Administrator Linda Smith and Board Secretary Lisa Fellows-Weaver.

VOTING DESIGNATION: Steve Roy, Jim Ryan, Steve Hampl, Wini Young, and Pauline Lemelin. 

ABSENT: Michael Matson, and Loren O’Neil.

MINUTES:
April 3, 2007: Jim Ryan makes a motion, second by Steve Roy, to approve the minutes of 4/3/07, with amendments:
Page 3: Conduct of Officials: Add: …states she will…
Discussion is held regarding non profit organizations. Ms. Smith states that she has been informed by the town administrator that there are state statutes relative to State of NH Charitable Organizations, including regulations which define a code of ethics for voting on financial matters that may impact the non profit organization, while sitting as a member of another organization.
Reference: Guidebook for NH Charitable Non Profit Organizations, Office of the NH Attorney General Charitable Trust Unit.
Motion passes 4/0/1. Ms. Lemelin abstains, as she was not at the meeting.

March 6, 2007: Steve Roy makes a motion, second by Jim Ryan, to approve the minutes of 3/6/07.
Page 3: Graves: Add: …Department…
Page 4: Other: Add: “Northwood Area Land Management Collaborative”  
Page 5: Other: Change: …of to to…
Motion passes unanimously; 5/0.

Code of Ethics:
The new code of ethics ordinance is distributed to members for review. To be addressed at the next meeting, June 5.

CORRESPONDENCE:
Memo from Code Enforcement-Deer Ridge Subdivision:
After review and discussion of Mr. Hickey’s memo, Steve Roy makes a motion, second by Jim Ryan, to send a memo back to the code enforcement officer pointing out that there may have been consequences of the improper or non placement of the gates on the detention pond already and the NCC has a file for further review. Copy to the selectmen. Motion passes unanimously; 5/0.

Sponsorship for UNH Camps: A packet has been received from UNH regarding sponsorships for camps. The board agrees to put this in a file for review for next year’s budget process.

Wini Young provides copies of the minutes from the Northwood Area Land Management Collaborative meeting. She explains that there is another meeting coming up on May 11 and she will email this information to NCC members.  

All other correspondence is reviewed.

Counsel Clarifications:
Mr. Hampl mentions that the NCC had previously asked for some clarification from counsel regarding liability of NCC members with fiduciary responsibilities.
Ms. Smith provides copies of emails regarding clarification from town counsel.

After reviewing, Steve Roy makes a motion to release the legal opinion relative to the use of land fund monies, as public information. Second by Jim Ryan. Motion passes unanimously; 5/0. Mr. Roy explains that his interpretation of counsel’s comments is that the NCC is allowed to use the conservation fund to assist Bear Paw’s in acquiring land for conservation purposes without having to have the town hold a real interest in the property; i.e. Rooney parcel. Mr. Roy makes a motion that the commission requests a copy of the deed or easement language related to the Rooney easement from Bear Paw that demonstrates that the conservation component that the land is preserved. Mr. Hampl seconds. Motion passes; 5/0. The NCC requests Wini Young to contact Dan Kern from Bear Paw’s for the language relative to the Rooney property. Jim Ryan makes a motion, second by Steve Hampl, for Steve Roy to review the easement and pass judgement on the language for Rooney. Motion passes; 4/0/1. Wini Young abstains. Steve Roy makes a motion, second by Jim Ryan, to pay up to $3500 for the Rooney transaction if the language obtained meets the criteria. Funds to  come from the NCC land fund. Motion passes; 4/0/1. Wini Young abstains.

Appraisal for Graves:
Steve Roy makes a motion to pay Bear Paw’s $600 or half the cost of the appraisal. Second by Jim Ryan. Motion passes; 4/0/1. Wini Young abstains. This will be paid from the NCC land fund.

Non-Public Session:
8:07 p.m. Steve Hampl makes a motion, second by Jim Ryan, to enter into a non public session under RSA 91-A3II(d).
Roll Call Vote:
Jim Ryan – yes
Steve Hampl – yes
Pauline Lemelin – yes
Wini Young – yes
Steve Roy – yes
Motion passes unanimously; 5/0.

8:23 p.m. Steve Hampl makes a motion, second by Jim Ryan, to come out of non public session. 
Roll Call Vote:
Jim Ryan – yes
Steve Hampl – yes
Pauline Lemelin – yes
Wini Young – yes
Steve Roy – yes
Motion passes unanimously; 5/0.
 
Steve Roy makes a motion, second by Jim Ryan, to seal the minutes of the non public session. Motion passes unanimously; 5/0.
 
Steve Roy makes a motion, second by Jim Ryan, to make the legal opinion received from town counsel confidential. Motion passes unanimously; 5/0.

Lows:
Mr. Roy provides an update regarding a meeting with the Lows and staff. He explains that the meeting was to review and assist the Low sisters with the planning board subdivision application. He explains that items to be followed up on have been completed thus making the application for subdivision complete except for the joint use agreement with PSNH. Mr. Roy explains that the agreement is for the change of use for the back use of the property. After a brief discussion, the NCC feels that this is the town’s land and the use will not be changing; however, ultimately the planning board will be responsible to make that decision. 

Further discussion is held regarding an easement from the south property lines of the Low parcel to the water district. Mr. Roy states that he contacted T.F. Bernier, surveyor, and requested a scope of work to set four pins and provide a legal description of the right of way so it can be incorporated into the agreement with the town and the Lows. This was previously received and the  cost is $1270. Jim Ryan makes a motion, second by Steve Hampl, to get the 4 pins set according to the scope of work submitted by T.F. Bernier for $1270 and to provide the right of way language. Motion passes unanimously; 5/0. Funds to come out of the NCC land fund. Mr. Roy signed the scope of work. Secretary to fax to T.F. Bernier.

A discussion is held regarding restricted language for the acquisition so that the land stays in conservation.  Ms. Smith notes that during the Lalish property acquisition the NCC was a part of the negotiations and the NCC drafted the language. An example exhibit of language is provided by Mr. Roy and discussions ensue regarding wording and future uses; trails, habitat management, development of foot trails, motorized and/or non motorized uses. Steve Hampl makes a motion, second by Pauline Lemelin, to amend the agreement to state non-motorized outdoor recreational uses, allow for the temporary equipment to install and maintain equipment. Motion passes; 5/0.

Mr. Roy makes a motion, second by Mr. Ryan, to forward the agreement to counsel for review. Motion passes; 5/0. Ms. Smith asks if the funds for the review are to come from the conservation fund. Mr. Roy replies yes and he will amend the agreement accordingly and email. In addition, he will look for forestry management comments.

Town Forester:
Ms. Smith states that the commission had been intending to update the forest management plan. Mr. Ryan makes a motion, second by Mr. Hampl, to invite Charles Moreno, the town forester, to attend the July 10 meeting, and request a proposal to update the current Forest Management Plan. Motion passes; 5/0.

Mr. Roy makes a motion, second by Mr. Ryan, for secretary to draft a letter of invitation to Charles Moreno, requesting he attend the July 10 meeting. Motion passes; 5/0. Copy to be emailed to Mr. Roy.

Milfoil:
The commission agrees to submit an ad in the Suncook Sun for next week and prior to Memorial Day regarding Milfoil.  

Emails:
Ms. Smith clarifies that there needs to be better communication with emails to staff for noticing of meetings.

NCC Procedures:
Ms. Smith requests permission to begin the process to create some basic operation procedures for the NCC. She offers to contact other towns for examples.

Northwood Lake Dredge and Fill Application:
Ms. Smith states that the recreation department had completed and filed a dredge and fill application to NHDES regarding removing rocks from within the water at Northwood Lake, which is a safety concern. The recreation director had received NHDES correspondence and asked for her help. She states that the code enforcement officer and recreation director met with NHDES and outlined what is necessary for the completion of the application. 

Bennett’s Bridge:
Ms. Smith states that in addition, a discussion was held regarding Bennett’s Bridge and the fact that for two years in a row the beach has washed out and the beach may not open again.

Jim Ryan makes a motion, second by Steve Hampl, for Steve Roy to contact the recreation director and building inspector regarding the Northwood Lake and Bennett’s Bridge issues and offer assistance from the NCC. Motion passes unanimously;   5/0.

ADJOURNMENT:
Motion to adjourn is made by Steve Hampl and seconded by Pauline Lemelin. Motion passes unanimously; 5/0 at 9:48 p.m.  

Respectfully submitted,

Lisa Fellows-Weaver,
Board Secretary