Planning Board Minutes 07.22.14

July 28, 2014 Andrew Pinard Minutes, Planning Board 0

Town of Bradford
Planning Board Minutes
July 22, 2014
Page 1 of 3
TOWN OF BRADFORD
PLANNING BOARD MINUTES
JULY 22, 2014
7:00 PM
Call to Order and Roll Call:
Marcia Keller opened the meeting with Jim Bibbo, Mark Keith, Stephen Chase (alternate for Erich Caron), Don Jackson and Michelle Duffy (introduced by Mark Keith as a possible alternate)
Review and Consideration of July 8, 2014 Minutes:
Jim Bibbo made a motion to approve the July 8, 2014 minutes. Mark Keith seconded the motion. Motion was approved unanimously by the Board.
To Do Folder:
• Marcia Keller said there was a cancellation of a bond to Corsair Realty on Pleasant Valley Rd. and that she sent a letter to Harriet Hobbes calling this to her attention. Harriet replied that she had a notice of continuation, renewed on the 13th of June, 2014.
• Also in the to-do folder was a copy of an application for a sign permit which should have been in the code enforcement box.
Continuation of Amendment to Excavation Regulations:
Steve Chase updated the board on his progress with the Excavation Regulations. He stated that he had not contacted Mary Pickham- Langer yet but has spent some time researching the gravel tax for the state of NH. He presented a handout to the board to share his findings on the tax:
• The purpose of writing our own regulations is to be able to interface effectively with DES on alteration of terrain permits and the Department of Administration, the entity responsible for the collection of the gravel tax.
• It is not the responsibility of the Planning Board to enforce the collection of the gravel tax. This responsibility falls under the Selectmen.
• Steve Chase stated that given his research, he can see 3 things that the Board should consider for anyone interested in opening a gravel pit:
1. There should be a consultation with the Planning Board
2. Filing a notice of Intent to Excavate needs to be done
3. Consideration of whether or not an alteration of terrain permit is needed
• The gravel tax schedule is April 1st – March 31st. For practical purposes, whenever a gravel pit is to be started, a filing for Notice of Intent is completed. This Intent to Excavate is then renewed every April 1st.
• With respect to gravel tax, there are basically 3 forms:
1. Form PA 38 – Notice of Intent to Excavate, which is filed with the Selectmen
2. Form PA 39 – The form that is filed after March 31st but before April 15th of each year, detailing the amount of gravel excavated and payment for the material. It is sent by the Department of Revenue once PA 38 has been filed.
3. Form PA 40 – Serves as the state permit to operate the gravel pit, which is supposed to be posted in a prominent location near the gravel pit.
• RSA 155 E – defines the tax rate per cubic yard ($0.02) of earth excavated, with certain exceptions
• NH 72B1 – the statute that governs the gravel tax. The gravel tax is assessed by and payable to the local officials, in this case the Selectmen. The gravel tax is separate and different from a property tax.
• The Department of Revenue Administration is responsible for administrating and enforcing the tax, including the process of educating municipal officials. The Planning Board is not the enforcing body.
• Marcia Keller stated that it would be interesting to find out how the Selectmen are interfacing with the Department of Revenue Administration. Steve Chase agreed and added that it might be useful for Cheryl Behr to sit in on a future Planning Board meeting.
• Steve pointed out that it would be a challenge to verify the volume of material excavated from a pit. Jim Bibbo stated that a land survey alone would not be enough to determine volume and that a better way to do it might be to count the number of trucks to get volume.
• Owners of gravel pits must report all earth excavated within 30 days of completion if in fact the gravel pit is due to close but otherwise on an annual basis as per the gravel tax schedule.
• Jim Bibbo asked if the state gets involved in the reclamation of a pit if the filing is not properly completed. Steve Chase responded that reclamations are covered in Bradford’s local regulations but that it is the function of the State Department of Revenue to enforce the collection of the revenue, as opposed to enforcing the regulation. There is also a provision that if a gravel pit operator has applied for a gravel tax permit but is not a property owner in town (and the town therefore does not have any ability to apply a lien on owned property), there is a provision for a bond.
• A brief explanation of RSA 72B, which controls gravel taxes at the state level, was given.
• Marcia Keller stated that it would be interesting to see the Notice of Intents for gravel pits in Bradford. She also stated that instead of asking Cheryl Behr to attend a meeting, we ask her to send an email detailing the process. She also stated that it would be very helpful for the Planning Board to have copies of the Intents to Excavate, as these would serve as a guide as to the status of pits in Bradford.
• Steve Chase asked if it would still make sense to meet with Mary Pinkham-Langer. Marcia Keller responded that all of the information we need should be included in the town’s records and that if there are no forms or filings, the pits in town would be considered inactive. She also stated that per an email from Mary Pinkham-Langer, it behooves the town to do a yearly inspection. Marcia Keller gave a brief rundown of the different pits in town and suggested that Steve ask Cheryl how feasible it would be to get a summary of filings and activities for each pit.
• Steve Chase and Mark Keith agreed to meet with Cheryl Behr for further discussion regarding the pits in town.
• Steve Chase suggested that any inspections be done after April 1st so that the Board would have an accurate annual update.
CEDS Update:
• Marcia Keller asked Jim Bibbo for a CEDS update. Jim stated that the report is finished and awaiting approval by CEDS for acceptance as a district. One of the things that scored well was the request for solar panels to bring electricity to town buildings. He also informed the Board that a solar provider came to the last Selectmen’s meeting to talk about the proposal to rent space to erect solar panels in the town. They gave a brief presentation about this to the Selectmen, who seemed to react favorably to the idea.
• Moving the old post office and creating a paved parking area for the Historic Village was also received favorably by the CEDS, per Jim.
• Jim also advised that we should be notified by this coming fall and that most of our project proposals were rated well by the local rating team.
CIP Update:
• Marcia Keller advised the Board that the next CIP meeting will be held on August 5th to rank the rest of the projects, the major component being the road repair project proposals. The schedule for the CIP is to have it finalized by end of September and then the Planning Board will schedule a public hearing on this in October before passing it on to the Budget Committee and the Selectmen.
• Jim Bibbo stated that he needs Chris Way’s email, to contact him regarding the sidewalk grant for West Main St. Claire James advised that she will contact Chris regarding this and will cc Jim.
Advertising for Secretary:
• Marcia advised the Board that Cheryl has offered to compile the minutes for the Selectmen for the remainder of the year and that she talked with Brooks McCandlish about having one person do the minutes for both the Planning and Zoning Boards. The Budget Committee has yet to make a decision about what they will do with respect to this.
• It was agreed by all that the position should only be posted in the Bradford Bridge and via local postings around town, as a local resident is desired to fill the role.
• Jim Bibbo stated that it would be helpful to have a couple of members from the Planning & Zoning Boards and Budget Committee participate in candidate interviews and also asked about the salary/pay rate for this position. Marcia stated that Cheryl Behr advised that the salary schedule starts at $14/hr. Marcia also reported that she has spoken with one person who might be interested, if the role would encompass all of the positions that Marge Cilley has had.
• Marcia asked the Board for suggestions regarding verbiage for the ad. Claire James commented that a brief list of responsibilities should be included, as well as the number of hours expected and who the position will be reporting to. Jim Bibbo emphasized that the person needs to be able to listen to the meeting recordings and extract the relevant information, leaving out extraneous info., as well as someone who understands the importance of confidentiality. Don Jackson commented that if there are other activities that the Secretary is responsible for, this should also be included. Marcia also added that it is important to find someone who is aware of the legal requirements, in terms of postings and sending out notices, etc.
• Marcia Keller stated that she will post an ad in the Bridge for this position.
Planning a retirement party for Marge:
• Saturday, August 30th, from 10:00-12:00 at the Town Hall will be the date for Marge’s retirement party. Marcia discussed arrangements for catering and decorations. An invite will go into the Bridge and anyone can attend.
There being no other business to come before the Board, meeting was adjourned at 8:20pm.
Claire James