Conservation Commission

Minutes

October 7, 2008

Official as of November 4, 2008

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

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

Absent: Loren O’Neil; and Mike Matson (who is at the Woodman Park Study Committee meeting and will arrive later). 

Mr. Roy congratulates Jim Ryan on his appointment as a commissioner to the NH Department of Fish and Game. Mr. Roy thanks him for his time. Mr. Ryan explains that he will remain on the commission; however, he will resign as vice-chair. He hopes to add awareness for the town and the conservation efforts. He also thanked the commission for their letter of recommendation and support.

Minutes
September 2, 2008:
Page 1: Change: …o… to …of…
Page 3: Strike: Ms. Young agrees to recommend the lesser of the bids.
Steve Roy makes a motion, second by Jim Ryan, to approve the minutes of September 2, as amended. The motion passes; 3/0/2. Ms. Lemelin and Mr. Hampl abstain as they were not at the meeting. 

Public Input
Steve Moore, a senior from Coe Brown Northwood Academy (CBNA), is present to talk with the commission regarding his senior project. He explains that he has obtained some estimates for materials to replace the benches at Lucas Pond beach area as well as the picnic table. Total cost for materials would be around $42. Mr. Moore explains that the project must be at least 25 hours of community service and must be a benefit to the community in some way. Hours of accrual includes attending meetings, obtaining estimates, research, and the actual labor of the project.

Mr. Roy states that the commission may be able to assist with some funds; however, he also suggests that Mr. Moore contact the parks and recreation department. Mr. Roy offers to attend a parks and recreation meeting if necessary and Ms. Young offers to contact the recreation director.

Mr. Roy notes that there is erosion going on and asks about the foundation of the benches. Mr. Moore replies that the cement bases seem to be in good shape. Mr. Moore thanks the commission for their time and ideas. 

Appointments
Dan Kern and Phil Auger from Bear Paw Regional Greenways are present
regarding the Big Woods property. 

Non-Public Session
7:22 p.m. Steve Roy makes a motion, second by Jim Ryan, to enter into a non-public session under RSA 91-A:3(II)(d), potential land acquisition.
Roll Call Vote:
Steve Roy – yes
Jim Ryan – yes
Steve Hampl – yes
Pauline Lemelin – yes
Wini Young – yes
Motion passes unanimously; 5/0.

8:00 p.m. Steve Roy makes a motion, second by Jim Ryan, to come out of non-public session.
Roll Call Vote:
Steve Roy – yes
Jim Ryan – yes
Steve Hampl – yes
Pauline Lemelin – yes
Wini Young – 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.

Changes to RSA 36-A
A discussion is held regarding a handout provided noting changes to RSA 36-A. Mr. Auger explains that the changes have been clouded by the way they have been interpreted by attorneys; some have interpreted it to mean that the town has to have substantial interest in real estate to expend conservation funds. Mr. Kern adds that the existing conservation statute states that conservation related activities can be done and some attorneys thought this was really broad; others thought the town had to have an interest. He adds there is a group of attorneys that would say that the CC could not even contribute to projects even if there was an interest because it was not within the RSA. He adds that the current legislation is that towns can vote to allow their conservation commissions to spend money on conservation interests without obtaining interest.

Mr. Kern explains that from Bear Paw’s perspective, they will encourage and
suggest that towns propose and adopt a warrant article in order to provide the best flexibility. Further discussion is held regarding the liberal interpretation and Mr. Auger explains that there are different interpretations by town attorneys in whether or not the CC can expend funds and not hold an interest. He agrees that the town should adopt a warrant article. Mr. Kern states that if the legislation is not passed, he believes that the selectmen would have final approval. Mr. Auger adds that the conservation commission will lose some of their authority if they do not take some kind of action.

Guptill Property, Map 222; Lot 30
Mr. Roy states that he would like to send a letter to the Guptills regarding their property and the high level of importance that the property is to the town. Mr. Roy explains that the CC would like to meet with the Guptills or their representative and talk about property options. He also suggests a site walk and invites members of Bear Paw to attend. Ms. Smith notes that the adjacent parcel has been up for sale for years. She adds that the building was owned by the town due to a separate deed and the structure will be demolished. Mr. Matson makes a motion, second by Mr. Ryan, for Mr. Roy to draft a letter to the Guptills and email to the secretary to mail out accordingly.

Application
Standard Dredge & Fill: Town of Northwood, Bennett’s Bridge, Map 210; Lots 27 & 28
Mr. Roy reads from the application explaining what the project entails and includes beach restoration. After review of the application, Mr. Roy notes that the application has been sent to the state. Ms. Young asks if this is a part of the process for FEMA funds. Ms. Smith replies that she does not believe so. The CC has no additional input and agrees that no action is necessary. 

8:30 Mike Matson arrives.

UNH ~ Federal Work-study Program
Mr. Ryan mentions an item that the commission may want to consider for the budget regarding a federal work-study program available through UNH. He explains that he received a phone call from Ms. Cilley from UNH regarding this program for future use of conservation lands. He explains that 20% of funding is from the town and 80% is federal government funds. Mr. Ryan will inquire further into specifics of the program. Steve Roy makes a motion, second by Mike Matson, to allow Jim Ryan to pursue additional information on the UNH work-study program through UNH. Motion passes unanimously; 6/0.

Financial Reports
A brief discussion is held regarding the CC Conservation Land Fund. Jim
Ryan makes a motion to have the CC Land Fund account information
noting the current use balance in the commission’s account available for
the November meeting. Motion passes unanimously; 6/0.

Forester Bid Status
The forester bid received from John Conde and Technician Robert Graves, III,
of Bean Hill has been approved by the board of selectmen. Mr. Roy states that
he received an email from Linda Smith who spoke to Mr. Moreno who had also
provided a bid. He explains that Mr. Moreno would have provided additional
information in his bid process and requests that the town will consider him in
the future. Mr. Roy states that the commission appropriated $4,000 based on
a quote provided by Mr. Moreno. Mr. Roy states that the commission should
have sent Mr. Moreno a note requesting additional information on his provided
scope of work and Mr. Roy states that Mr. Moreno has stated that he felt that
he could have done better with his price and feels that this is unfortunate. Mr.
Roy adds that nothing is obligating the town to pursue any cutting with Bean
Hill. Mr. Roy continues that Bean Hill did also have an advantage in knowing
the price provided by Mr. Moreno.

Mr. Roy asks if the conservation commission should re-open and do the RFP
process again. Mr. Ryan states that the selectmen requested the commission to
go through bid process. He suggests sending this back to the BOS. Mr. Matson
states that the decision was based on the information provided and he is
comfortable with the decision he made. He adds that this is a lesson to be
learned. Mr. Matson states that the decision was simply based on the costs not
on the quality of the work. The RFP was for updating plan maps and tables in
the forest management plan. Ms. Young adds that the process needs to be
completed due to budgeting purposes. Mr. Hampl states that the decision is
just the lowest bid provided. Overall, the consensus of the board is that it is
not necessary to redo the bids. 

Ms. Smith states that she contacted Bean Hill and requested a formal contract noting deadlines. Steve Roy makes a motion allowing himself to contact Bean Hill requesting specific information relative to deadlines and to provide this information by October 21, 2008. Jim Ryan seconds and the motion passes unanimously; 6/0.

Other Business
Lows
Steve Roy states that it appears that the project will be completed soon as the last item is a signature on the plan from the planning board. Mr. Roy states that the next item would be a public hearing and then the selectmen will hold their hearing. The NCC would then vote to withdraw funds from the NCC fund for the purpose then BOS vote to accept the property. Hearing is scheduled for November 12.

Kelsey Mill Marker
Ms. Smith provides costs for the marker with and without the town seal; $108 and $183. This is more than the commission thought and does not include shipping and handling of $30. Discussion ensues regarding purchasing with funds from the land fund. RSA 36-A is reviewed. The commission will propose to fund in next year’s special day line.
 
Special Reports
Mr. Matson explains that there was a meeting of the Woodman Park Study Committee this evening. In attendance was himself who has been designated as the chair, Selectman Liaison Scott Bryer, Chipman Belyea as one of the citizens in the area, and Charlie Comtois as the recreation representative. He states that he has spoken to Town Administrator Paul Martel regarding the budget as it appears that the funds are still available and have not been allocated to Underwood Engineering for the plans. Mr. Matson states that updated plans are anticipated to arrive in 10 days, completed. Ms. Smith explains that Underwood has completed a draft review, which needs a final review by Keith Pratt and after signed off it is considered the letter for $2500. with $1,500 for more assistance with the warrant article for town meeting. 

Mr. Matson states that the next meeting will be 11/18. Also discussed were goals of the committee and the most immediate goal is to stop the erosion. Long term and short term goals were discussed and identified as to have a  survey performed of the area, adding a portable toilet, having a parking area and a beach area.

Also noted was the area across the street known as the School Lots for possible future development plans; however, this is not being discussed with the committee at this time.

Additional discussion was held regarding funding problems and options available. In closing, the committee members were each directed to research options for funding.

Mr. Roy thanks Mr. Matson for taking charge of the direction for the study committee.

New Business
Capital Improvements Plan (CIP)
A discussion is held regarding funding for Lucas Pond and if this would be an
option to add funds to the CIP for the project. Ms. Smith explains that all capital expenditures are presented as warrant articles. She adds that the planning board is requesting the information as a guide for planning. Mr. Matson suggests that the NCC suggest $35,000 for the CIP for 2010. 

Additional options are discussed such as the Low land project. Mr. Roy suggests a parking area for the Lows for 2011 for $6,500. Mr. Roy also mentions a possible vernal pool regional mapping project; however, no funds are allocated for this project at this year. 
 
Other
Northwood Lake Invasive Weeds
Mr. Ryan states that he has received a call from Pete Jones regarding options to treat the invasive weeds in Northwood Lake. Steve Roy makes a motion, second by Steve Hampl, for Jim Ryan to meet with Pete Jones regarding review of Northwood Lake’s invasive weed problems. Motion passes unanimously; 6/0. Agenda item for the November meeting.

Vice-Chair Position
Mr. Ryan explains that he must regretfully resign as the CC vice chair due to time constraints; however, he will remain as a member. Steve Roy makes a motion to accept the resignation of Jim Ryan with regret. Pauline Lemelin seconds and the motion passes; 5/0/1. Mr. Ryan abstains.  

Jim Ryan suggests Steve Hampl for the vice chair position. Mike Matson motions to consider Steve Hampl as vice chair. Steve Roy seconds. With no other nominations, Mr. Hampl accepts the vice chair position. Motion passes; 5/0/1. Mr. Hampl abstains.

Budget
A discussion is held regarding the NCC’s budget as follows:

100-46111-491: Forest Management: Increase to $2,800. These funds are being placed in this line in case the Forest Management Plan is unable to be completed in 2008. The amount is increased by 300. from the original quote to cover any increase in cost of the project if done at a later date.

100-46111-330: Contracted Services: Mr. Roy states that $4,000 is encumbered out of the $7,000. Mr. Matson notes that there will be costs incurred for a survey for next year for Lucas Pond. Mr. Roy suggests that the commission request $5000 to cover costs for any immediate repairs. Additional discussion ensues and the commission feels that there is a need and they can substantiate the need to increase the line to $12,000. to cover the cost of a survey, work, and other materials to solve critical issues. 

100-46111-320: Legal: Level fund at $1. Mr. Roy explains that most legal costs incurred this year were covered under the conservation land fund.

100-46111-490: Forest Land Conservation: Level fund at $1. 

100-46111-623: NCRC: $0. Ms. Smith will check to see if this committee still exists and if not the line will be abolished. $1. will be left in the line if the committee still is functioning.
 
100-46111-621: Maps: Reduce to $250.

100-46111-622: Special Day Fund: Increase to $250.

100-46111-690: Equipment: $600. Ms. Smith explains that funds need to be appropriated for the possibility of equipment breaking; recorder, laptop, etc. Also mentioned is the possibility of budgeting to purchase a GPS. 

100-46111-820: Training: Level fund at $250. 

100-46111-620: Supplies: Level fund.

100-46111-550: Printing/Education: Level fund. 

100-46111-560: Dues: This is for dues to Bear Paw Regional Greenways and the NH Association of Conservation Commissions. Increase to $425. allocating $200. for Bear Paws and $225. for NHACC.

Steve Roy makes a motion, second by Mike Matson, to recommend the conservation commission’s budget for 2009, as discussed. Motion passes; 6/0.

Letters of Land Inquiries
Mr. Roy suggests sending a letter to the Guptills. Mike Matson makes a motion, second by Jim Ryan, for Steve Roy to draft a letter for the commission and email to the secretary to mail out to the Guptills regarding possible interest in a land project. Motion passes; 6/0.

Narrows Cutting
Ms. Young states that Sarah Ward is interested in doing another cutting to clear the Narrows area to Northwood Lake. General consensus of the NCC is okay to do another minimal cutting so that the view to the boat house can remain open.

Adjournment
Jim Ryan makes a motion, second by Mike Matson, to adjourn at 10:25 p.m. Motion passes unanimously; 6/0.

Respectfully submitted,
Lisa Fellows-Weaver
Board Secretary