Thursday, July 28, 2005

Story time

So yesterday, I went and joined the gym in town. For most of the day today, not surprisingly, I couldn't move my arms. Hopefully though, I'll use the financial investment to spur me to go as much as I can.

I also had my three month review today with Mary. Everything went really well, and she suggested a bunch of things to work on, so I will. Yup.

Here's the stories for the week:


New Durham Selectmen approve new roof
By Jim Shilander
STAFF WRITER
NEW DURHAM — While the New Durham Selectmen began the process of deciding who would soon join the now two-person board, the July 20 meeting also marked an important day for the New Durham Fire Department.
After receiving a new quote from a Wolfeboro roofing company, Fire Chief John Nicastro asked the board to give their approval to fix the current fire station’s roof. With the current roof not up to code, changes are necessary to avoid potential harm in the winter, Nicastro said. The new quote also covered an additional portion of the roof, which houses the kitchen area and other offices. Nicastro was concerned that if a new "slippery" roof was put on the main building, one should also be put on the additional structure as well.
While the quote went above the original $34,000 warrant article for the repair of the roof, Nicastro said that savings elsewhere in the department would be more than enough to make up the difference, which was less than $4,000. The board, after some debate about whether to include the kitchen structure in the plan, approved the roof for the entire building. Nicastro told the board that repairs would begin in September, according to the roofing company A&B Metals.
Town receives funds
The board accepted more than $10,000 in "assistance funds" related to January weather emergencies. The money, which was given to the town by the New Hampshire Bureau of Emergency Management/FEMA was distributed by the board into the highway department, which had incurred much of the financial burden of the event. Of the more than $10,800, nearly 75 percent of the funds would go to the purchase of salt for the upcoming season. Highway Department official Mike Clarke said that with recent increases in salt prices, the money would be put to good use.
Douglas Scruton Scholarship Update
A rather tense exchange between members of the board and a lawyer representing resident Cathy Orlowicz also took place at the meeting. Thomas Bickford, the attorney, said that Orlowicz "had been distraught" over what happened at the previous meeting, when there had been some question to the legalities related to the fundraising for the Douglas S. Scruton Memorial Scholarship (See story, A1). "There was absolutely no intention of wrongdoing," said Bickford. Chairman Ron Gehl said the board "wanted to investigate the ability of the board to accept the funds," only. "I want to make it very clear that we are in full support of Cathy Orlowicz (in her attempts to set up the scholarship)." Selectmen Dwight Jones said that he "had heard from others," about some potential problems, which caused him to seek a legal opinion on the matter. Orlowicz said that she had turned the trust over to the New Durham Police Relief Association.
Rte.11 "junkyard"
An update on legal proceedings with resident Erven Duncan (regarding his alleged junkyard) was provided. Police Chief Shawn Bernier said that Duncan refused his invitation to attend the meeting. Duncan has a large pile-up of objects in his yard. Currently, his lot does not meet the 1,000-foot setback required for a junkyard. Gehl said that the Board may consider an ordinance regulating the issue, if it remains unresolved. Gehl also said that he would be willing to meet with Duncan in early August, to discuss the matter further.
New Candidates
The Board also heard from the four candidates who submitted letters of interest to fill the seat on the Board vacated by the resignation of Dean Stimpson (see story, A2). Gehl said that he hoped to have a new member appointed at the Aug. 10 meeting.
The board made appointments for several site walks related to applications for development in the Copple Crown Village District. The board also acknowledged the contributions of New Durham Police Officer Reginald Meattey to the department, which included a letter from Bernier acknowledging some of Meattey’s important contributions in the past year.


By Adam Drapcho and Jim Shilander
STAFF WRITERS
NEW DURHAM — The Douglas S. Scruton Scholarship may finally have a home after weeks of twists and turns led to a controversy in New Durham. Cathy Orlowicz, who decided in May to work to put the scholarship together, has turned the trust over to the New Durham Police Relief Association, the non-profit arm of the police department.
There had been some controversy surrounding the issue after a newspaper report brought some questions to the minds of some in the community as to whether or not the proper fund-raising channels were being followed.
This came to a head at the July 6 Board of Selectmen meeting, where several attendees were confused about the legality of: whether or not the selectmen could accept the funds, and some questioned the legality of raising money in the name of the town before approval. They also questioned the appropriateness of Orlowicz allowing potential contributions be mailed to her home before the town accepted the scholarship.
The events of the July 6 meeting prompted an investigation into the legality of the issue by Selectman Dwight Jones, who asked Attorney Paul Sanderson, of the New Hampshire Local Government Center, to look into what the selectmen’s role in the process would be.
Orlowicz and her attorney, Thomas Bickford, appeared at the July 20 meeting to defend Orlowicz’s actions and to clear up what they saw as misconceptions.
According to Bickford and Orlowicz, they spoke with Terry Knowles, who is an official at the attorney general’s office and a former colleague of town administrator Bill Herman, about what would be needed to set up the trust before giving it to the town, in May, and then again following the July 6 meeting. Knowles said that their first conversation was essentially to set the ground rules for how to set up the scholarship, "The trustees need something in writing as to how the funds will be distributed," says Knowles. Bickford said that his job "was to draft the trust/scholarship." "My side of the nuts and bolts was to make sure that the language of the scholarship would not cause any problems with the Attorney General’s office."
At the July 20 meeting, Bickford and Orlowicz both expressed their belief that the whole issue had been "a misunderstanding," and Bickford said, "we both have tried to make sure the letter of the law is followed."
Knowles says, "what quite often happens is trustees can accept funds pending the acceptance of the trust by the town," as long as the trustees did nothing with the funds other than collect them. "Its not unusual for a donation to simply come in under the name of the town."
Sanderson’s opinion, which was given to The Baysider by Jones (with Sanderson’s permission), mostly lays out the regulation regarding how the selectmen should find out whether they have the authority to accept the scholarship.
But one section did say "That until the town has accepted the responsibility, the solicitation of funds should not mention the town…if there are checks made out to the Trustees of the Trust Funds, but there is no accepted trust fund at the town, the checks should probably be returned to the donors." Knowles disagreed with Sanderson’s take, however, saying that the funds could be collected "and if it’s [the trust] rejected [by the town] it can be returned to the donors."
Orlowicz and Bickford say that, in order to settle the situation, she has returned all donations which were mailed to her address in the name of the Trustees to the donors. Orlowicz said that she, "explained the situation, and told them I was going to take a different course of action." Orlowicz says that the New Durham Police Relief Association is already a non-profit organization and their mailings have "always been handled in that manner." At the July 20 meeting, Selectman Ron Gehl said that he "strongly encouraged people to contribute," to the scholarship fund.


New Durham Selectmen candidates bring different perspectives
By Jim Shilander
Staff Writer
NEW DURHAM — After the resignation of Dean Stimpson, the New Durham Board of Selectmen, which must appoint someone to fill the now vacant seat until the election next March, opened the process to the town.
Applicants sent letters of interest to the board stating why they wanted to be the new Selectman, and laying out their qualifications, before the July 18 deadline.
Four candidates appeared at the July 20 board meeting to make their case: Brian Chasse, Linscott "Skip" Fadden, Cathy Orlowicz and Peter Rhoades. The Baysider spoke to each over the last week:
Brian Chasse
Chasse has been a resident of New Durham for four years. He owns his own business. He is also an alternate member of the Planning Board. Last spring, he finished second, behind new chairman, Ron Gehl, for a spot on the BOS. Now, he believes he has a strong case to be appointed.
"I came in a strong second place," says Chasse, who sees his showing in the election as proof that he would be a good fit on the board. At the July 20 meeting, Chasse presented selectmen with a petition signed by more than 100 residents, including Stimpson, the fire chief and the police chief. Chasse says, "(Those who are) on the petition should speak loudly that the people of New Durham want me on the board." Chasse says that he hopes to get more citizens involved if he is appointed. "Citizens don’t get enough information. They are extremely busy. As a town, we need to get more involvement in every board."
Linscott "Skip" Fadden
Fadden has served for five years on the Governor Wentworth Regional School Board, including time on several committees of that board. He is also a member of the Fire Station Committee. Fadden stressed a desire for greater openness at town hall as one of the reasons he applied. "We’ve seen a reluctance to provide materials at Town Hall," says Fadden, whose letter to the board states that he believes "that information that the community is entitled to by law should be easily retrievable, cheerfully rendered and timely provided to the citizen making the request."
Fadden also believes that there should be a return to tradition at meetings. As a former member of the military, Fadden says he believes in "tried and true traditions setting the tone for meetings."
"I would push to increase dignity in town government," says Fadden, who added that he would like to see meetings open with the Pledge of Allegiance. "A meeting that opens with respect has a better chance of ending with it," says Fadden.
Cathy Orlowicz
Orlowicz has served in many positions for the town of New Durham in the last 14 years. Currently, she serves as the town historian associate and as an alternate on the Planning Board. She has also been a member of the Budget Committee, a Cemetery Trustee and a Trustee for the Trust Funds. Orlowicz is also president of the Historical Society, is Chairperson of the Old Home Day Committee, and was race director for the Merrymeeting 5K road race.
"I would like to let people know that I have a lot of knowledge, skill and background, that could be useful to the board," says Orlowicz. "I don’t have an agenda and would like to help with control of the tax rate and the town’s growth." Orlowicz emphasized her oral and written communication skills in her letter and presentation to the board, as well as her willingness to get multiple perspectives within the town as a part of her decisions on issues before the board.
Peter Rhoades
Though a relative newcomer to New Durham politics, Rhoades has lived in New Durham for 15 years. While he has attended past Board meetings, he told the board at the July 20 meeting that he only recently decided to actively seek office, as he was also recently named as a representative to the VNA Board. Rhoades cites his business experience running a Hubbington’s outlet in Barrington, as well as his freshness in the town’s political scene as his best attributes. "A fresh voice could be very positive to New Durham," says Rhoades, "I’ll make unbiased decisions. There’s a lot of feeling in the town that there are decisions made based on who knows whom. The core of the town is changing, but the same people are often involved." While Rhoades readily admits to "not knowing all of "the players" well, he sees this as an asset. "The advantage of not being involved in any clique is that I can focus on the facts in making decisions," says Rhoades.


Dam parties reported rowdy and unsafe
By Jim Shilander
STAFF WRITER
BARNSTEAD —Village Dam Road residents appeared before the Barnstead Board of Selectmen regarding what they see as serious danger.
According to the residents, there are often wild parties going on in the area lasting well into the night, which often include underage drinking, dangerous activities around the dam, and lewd acts being performed.
Several residents said that they often had to pick up beer cases, seen numerous used condoms along area roads and near the dam, and also saw smoldering fires the day after one of these large gatherings, which the residents said were happening more and more in the summer months.
The residents also reported that when they confronted the mostly underage partiers, they had been belligerent toward. One resident, Dottie Sowards, said that she had seen one such partier "stark naked in the road," one night as she returned from work.
The Selectmen agreed to look into the incidents, but, because the area near the dam is a public swimming area, said that they could not limit access entirely.
They agreed to meet with the residents near the site before their next meeting, Aug. 2. Chairman Jack O’Neil went so far as to call the officer on duty to tell him to check in on the area that night, and said that he would inform the department of the problem, and ask that the area be patrolled more frequently until a course of action was decided upon by the selectmen.
The selectmen also approved the expenditure of donated funds for the town’s food pantry. O’Neil, who also oversees the pantry, said that donations had been down this year thus far, but that he hoped that additional donations would help keep the pantry stocked during the holidays.
Town Medical officer Tom Normandin also informed the board that he had been looking into incidents on Parade Road and Tamworth Trail, which might potentially cause a health risk. Normandin said that a Parade Road chicken farm was causing a dispute between neighbors there, and that a septic system on Tamworth Trail had failed, which might potentially cause damage to an area pond. O’Neil said that he had visited the area, and found an obvious odor in the air. The board agreed to draft a letter to the property owner asking him to pump the septic system until it was repaired.
The board also approved an "in-law mobile home" to be placed on the property of Paul Card, contingent on Card putting forth an approved septic design to handle the additional load, and on the removal of the home once Card’s parents no longer need it.


Alton Board makes quick work of July 25 meeting
By Jim Shilander
Staff Writer
ALTON — The Alton Board of Selectmen made quick work of the July 25 public agenda, going through a dozen issues in just over 45 minutes.
The meeting opened with the board approving the receipt of funds from the Federal Emergency Management Agency (FEMA) for town expenditures incurred during a January 2005 snowfall. The amount, just over $14,500 would be given to the highway department to reimburse their budget. Town Administrator E. Russell Bailey said he also anticipated receiving more than $4,000 in state funds for the same incident.
False alarms serious
The board also approved revisions to the town’s 70-year-old false alarm ordinance. Under the new rules, security false alarms, answered by police, and false fire alarms would carry different fine structures.
A first incident would not result in fees to the owner of the system. However, fines would be levied for each additional incident. For security false alarms, a second incident would carry a $50 fine, a third, $100, and a fourth, $250. For false fire alarms the second incident would carry a $250 fine, a third $500, and a fourth, $750. The board also adopted rules tying enforcement of these rules to the judicial system.
Board Members Cris Blackstone and Alan Sherwood also cleared up some confusion about recent planning board meetings. Blackstone wanted to remind townspeople that she is Sherwood’s alternate on the planning board, and that they were not both sitting on the board at once. Selectman Pete Shibley also informed the board that activity related to the B&M Railroad Park was proceeding.
Haz waste program progressing
Alan Sherwood also announced that the participation of Alton in a hazardous waste material disposal program was up 60 percent.
Driveway regulations
The board also announced that they would be holding a public hearing at their next meeting regarding proposed new driveway regulations. Several Board members suggested that they anticipated getting a great deal of input on the issue, and that they may well wait to make a decision to consider the input from the meeting. Blackstone urged the board to proceed, "the sooner we can get to this, the more input we can receive (from other boards." Shibley noted, however, that he wanted to see some language in the regulation that would keep landowners from holding the town libel if they construct a long or dangerous driveway and police or fire departments had difficulty responding in an emergency situation. "It needs some really good teeth to it."
Blackstone added that landowners must remember that the "town itself is also the steward of the equipment an those who operate that equipment."
Okays for this and that
In addition, the board authorized the donation of the town’s old rescue vehicle to the Red Cross, as well as granted a Vendors permit to TAP Industries to sell camping and general merchandise near the Pavilion on Aug. 12. The Board also wanted to let people know about the town hall Open House, which will be attended by the various town departments on Aug. 13, from 9 to 11 a.m. Sherwood urged citizens to attend to "learn about town hall, and offer constructive criticism."
The Board also approved a request by the Alton Bay Christian Conference Center to allow parking on the publicly owned land between their sign and the Clam Shell, and also, in case of overflow, in the town parking lot, overnights between Aug. 3 and 8. The Conference Center will be hosting attendees of a Gunstock music festival, and the parking would be allowed between 10 p.m. and 9 a.m. The board stipulated, however that only after the unpaved area was full would people be allowed in the paved area, and that no over night camping or campers should be set up on the town’s property. The board also scheduled a public hearing on the subject of Kent Locke Circle for their next meeting, Aug. 8.


Turner names new daylily for wife
By Jim Shilander
Staff Writer
NEW DURHAM — New Durham horticulturalist Les Turner has been hybridizing daylilies for years, and now does so for profit at his business on Old Rte. 11, Merrymeeting Daylilies, in New Durham. But some of his newer creations are special, not just because of the beauty of the flowers, but the significance of their names.
Les Turner’s newest creation is "Merrymeeting Mom," a pink and white blend named for his wife, Nathalie. The flower also features gold edging, and a ring around its center called a "halo."
Nathalie, who has worked as an art teacher in various schools since 1959, including in Farmington for 16 years, loves the new flower. "They’re just so beautiful," she says, "even more beautiful than orchids."
Nathalie also says that her teaching played an incredibly important part of her life, especially the area’s children. "They’re such great kids," said Turner.
Les’ hybrids have often included names of other members of his family: Merrymeeting Cathy (for the Turners’ eldest daughter) and Merrymeeting Kara (which Les says is named for two of the couple’s older grandchildren) will be joined soon by Merrymeeting Sophie, which will be a blend of white and pink, according to Turner, who named it after the couple’s newest granddaughter.
Les’ hybridization program includes working in two different states. While in Florida, for the winter, he plants the seeds for the flowers, which take two years to grow, and then transports them to New Hampshire. Les says he also uses his time in Florida to meet with hybridization specialists and perform other duties.
Les Turner will be offering a free daylily for any three-time visitor to his gardens on Old Rte. 11.
Turner also says he will be initiating a donation program for non-profit organizations. Turner says that if a member of an organization wishes to purchase a daylily, he will donate money to their organization.


Mirror Lake faces the future on water quality
By Jim Shilander
STAFF WRITER
MIRROR LAKE — While many of their members were still without power from the severe storms the night before, the July 23 morning meeting of the Mirror Lake Protective Association still dealt with the issues facing the lake, and those who own property around it.
The gathering was welcomed by President Bob Nussbaum, and then discussed how members of the community could help monitor conditions in the lake.
Resident Al McKersie, who had been one of the primary testers of the water, explained how he and other volunteers had gone about testing the lake for such things as clarity and alkalinity.
McKersie also relayed that a report based on the test results had been prepared at UNH (for the testing in 2004) indicated that while there was "high water transparency," a "low algae count," and a "low phosphorous count," Mirror Lake was considered "transitional" – slowly moving from pristine to eutrophic.
Dusty Davies also updated association members on the current status of the property near Libby Park. With the town of Wolfeboro petitioning in court to be withdrawn as a trustee, the beneficiaries of the Libby parcel (including those who bought the property from the original beneficiaries) now must decide what to do with the land, especially since the town of Tuftonboro has begun to levy taxes on it. The beneficiaries were to meet after the meeting to decide on what action to take.

What would Winni speed mean for Mirror Lake
Jared Teupsch, the Environmental Policy Director, addressed his concern, as did several members of the crowd, that a speed limit on Lake Winnipesaukee might well push power boaters to neighboring, non-limited lakes, which might include Mirror Lake.
He also said that several New Hampshire lakes had had exotic plant species found on propellers, and that those on Mirror Lake also needed to be watchful. Teupsch also said that potential runoff from the Wolfeboro water treatment plant was "not an issue" to worry about, according to DES. He also suggested that, in order to prevent future leeching of septic systems into the lake, homes near the lake could form a "water district," where they would hook into a sewer system, as opposed to having separate septic systems. Teupsch also explained some of the various rules involving boat ramps, especially those built before current regulations were put in.
Tuftonboro Selectman Bill Stockman also attended the meeting, and informed the association of some recent run-in’s between the town and the DES, including questions about construction on 19 Mile Bay, as well as answering questions regarding the status of the Libby Trust.
Also discussed…
Association members pointed out that young children might be swimming in the water too close to boat launches at one of the lake’s two ramps. There was also concern about cars and trucks driving in the shallow boat launch area.
The association also voted to increase its annual dues, from $15 to $25 for a yearly membership, and from $25 to $50 for sustaining members. The need, Davies said, came from concerns about the association needing to be proactive in case of future legal questions or milfoil infestation

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