06/16/2025 SB Minutes

Bethlehem Board of Selectmen

Meeting Minutes

June 16th, 2025

In person – Chairwoman Strand, Select Woman Hibberd, Selectman Bruno, Selectman MacDonald, and Select Woman Knowles.

Nonpublic 5:30-6:00 Chairwoman Strand motioned to go into nonpublic per RSA 91A-3 II for reasons of reputation. Selectman Bruno seconded and roll call followed.

Chairman Strand motioned to accept the Tax Collector Deed.  Select Woman Hibberd seconded and all were in favor.

Public Input- Barry Zitzer informed the board that the NH Counsil of the Arts and the National Endowment of the Arts has been eliminated which has a huge negative impact on The Weathervane Theater in Whitefield and the Colonial Theater in Bethlehem.  Mr. Zitzer continued the Colonial Theater receives an estimated $15,000 in funding that no longer exists, and he wanted to make sure people were aware.

Plastics Resolution/ Orchard Proposal for Community Garden- Chairwoman Strand read the proposed Plastic Resolution that was adopted by the Conservation Commission and Sustainability Working Group (SWG):

WHEREAS, despite the many benefits of plastics, its unnecessary use and inadequate collection and recycling have contributed to major despoilment of our environment and threats to public health; and

WHEREAS, other communities have adopted similar resolutions by their governing board along with the voluntary engagement of businesses and community organizations; now, therefore, be it

RESOLVED, that the Select Board hereby declares its desire that Bethlehem be a leading community in encouraging the reduction of unnecessary plastic use and its harmful disposal, within its governmental and school operations, local businesses, community organizations and residences.

Selectman Bruno read the following statement:

The select board is the town’s governing body and members are charged with managing the prudential affairs of the town. Select board members manage the budget, prepare the warrant for town meeting, manage town roads, carry out the policies adopted by the town meeting and manage town employees, unless otherwise provided. The select board also manages town property, town records, and has supervisory authority over certain key officials such as the Road Agent, Police Chief and an appointed Fire Chief

While the intent of the plastics resolution may be ideologically agreeable to many, adopting a resolution by the Selectboard does not fall under the scope of what we were elected for and to conduct town business. Now, some may argue that it is the SB responsibility to “carry out policies” as mentioned above, but even there it states through adoption by the town meeting (or our SB warrants). Here is why I believe we need to step back from making resolutions. This proposal states,

“ to substantially reduce the unnecessary use and harmful disposal of plastics within its governmental and school operations, local businesses, community organizations and residences.”  I can support the segment that reads, “substantially reduce the unnecessary use and harmful disposal of plastics within governmental operations”.

I would challenge the inclusion of schools, local businesses and residents mainly since it is not within our power as a SB.

While I am “personally” favorable to reducing the use of plastics in my life and within my own household, I cannot support a resolution that includes the school, businesses, community organizations, or residents without the approval of the legislative body at deliberative/town election.

Chairwoman Strand countered Selectman Bruno’s stating while she greatly appreciates and respects Selectman Bruno, she believes the role of the select board should include leadership and vision for the town. Select Woman Hibberd stated she agreed with both Selectman Bruno and Chairwoman Strand explaining she believes in the Plastic Resolution however it should be amended to remove “school operations, local businesses, community organizations and residences”. The board agreed to remove everything but government operations. Select Woman Knowles also agrees with the resolution proposed by the Conservation Commission noting the select board should encourage community members to do their part to reduce plastic use.  Select Woman Knowles continued she agrees with amending to only include governmental operations.  Bruse Caplain, SWG, asked if the board would support adding a statement in support of the SWG working with the community to further the endeavors. Select Woman Hibberd adding Bruce Calpain’s statement is not out of the realm of what prior select boards have done.  Rich Southwell questioned the difference between the Conservation Commission versus the SWG and Chairwoman Strand noted the SWG is a select board adopted and appointed committee while the Conservation Commission must be adopted at town meeting.  Mr. Southwell followed up with his concern with giving authority to SWG to speak to businesses on behalf of the town to reduce plastic use.  Chairwoman Strand explained the resolution is about raising awareness to further a cause not about enforcing any specific policies against plastic use.  Select Woman Hibberd stated adopting the Plastic Resolution shows leadership and vision from the select board as Chairwoman Strand noted nothing in the resolution states residents must comply.  Cheryl Jensen, Conservation Commission, explained when the resolution first came to their board for discussion Veronica Morris raised similar concerns that the scope of the resolution was outside of Conservation Commission’s responsibilities and it was amended to address those concerns.  Bary Zitzer explained adopting the resolution could help the town with grant and educational opportunities on waste removal.  Barry Zitzer continued it will be the responsibility of the select board to manage municipal waste and encouraging residents to voluntarily reduce consumption will save taxpayers money at the future transfer station.  Chairwoman Strand recommended amending to state: Furthermore, the Select Board supports the Conservation Commission and SWG efforts to reduce plastic usage.  Select Woman Hibberd agreed.  Selectman Bruno disagreed, stating the resolution should only pertain to the select board.  Bruce Caplain stated he did not see how adding a statement of support for the Conservation Commission and SWG could negatively impact the town continuing it could benefit with getting future grants.  Select Woman Hibberd agreed with Mr. Caplain.

Selectman Bruno motioned to approve the Plastic Resolution amending it to state RESOLVED, that the Select Board hereby declares its desire that Bethlehem be a leading community in encouraging the reduction of unnecessary plastic use and its harmful disposal, within its governmental operations.  Selectman MacDonald seconded and the motion passed 4-1.

DOT Agreement for Safe Routes to School- Chairwoman Strand opened discussion on the DOT agreement stating the board asked Bruce Caplain to work with DOT on a new agreement clearly identifying this project as design only. DOT provided in a letter dated May 29^th, 2025, that stated the scope of the project was design and did not include construction.  Chairwoman Strand continued the DOT agreement still references maintenance requirements for construction projects.  Bruce Caplain, representing Safe Routes to School, explained he had asked DOT to remove all references to construction and DOT replied this is a standard agreement template that they use, and they understand construction is not part of this project and a maintenance agreement is not needed.  Selectman Bruno acknowledged the work Bruce Caplain and Angela McShane have done however he is concerned that the agreement states 80% will be reimbursed by DOT as a Congressionally Designated Spending pass through and the remaining 20% will be the responsibility of Bethlehem.  Selectman Bruno acknowledged that Safe Routes to School has raised the match portion, however he would like reassurance that the money is in the town’s possession before the project begins. Bruce Caplain explained that once the agreement was signed Safe Routes to School would give the matching portion to the town and would sign an agreement if necessary.  Selectman Bruno noted that Bethlehem is listed as fiscally responsible for the 20% and Sugar Hill and Franconia are not.  Bruce Caplain explained that is because Bethlehem agreed to be the fiscal agent of the project.  Mr. Jensen then expressed concern that the town would be responsible for future construction or additional financial risk if the grant were to move forward.  Bruce Caplain stated Safe Routes to School would sign an MOU with the town and have the funds in a town managed escrow account. Select Woman Hibberd stated the town has been a fiscal agent for other projects in a similar manor.  Chairwoman Strand thanked Safe Routes to School for the work they have done for the Profile Trail project and expressed her support of the project.

Select Woman Hibberd motioned to sign the DOT agreements.  Chairwoman Strand seconded and the motion carried 4-1.        

Sammy’s Law- local speed limit control- Bruce Caplain asked the board if there was interest in pursuing legislation Sammy’s Law which give local control to town road speed limits.  The board discussed and agreed it was worth pursuing.

Maple Wood Hill Bike Sign- Selectman Bruno motioned to approve Bike the North Country speaking to the Road Agent regarding adding sign on the bike trail and a crosswalk at Maple Wood Hill Road.  Chairwoman Strand seconded and all were in favor. 

STR Application-Chairwoman Strand opened discussion on the STR application and process identifying noise and trash as the initial issues with STR properties. Chairwoman Strand continued noise and trash issues are now enforced with the Noise Ordinance and Wild Animal Ordinance or Liter Ordinance, so she believes the priority of the STR is to get contact information for the property owners in case of an issue.  Select Woman Hibberd agreed with Chairwoman Strand.  Selectman Bruno added from the perspective of the Planning Board the STR ordinance  gave abutters a voice in the process through the Site Plan Review but if that is not possible based on legal opinion then getting contact information for the STR property owner is still important in case there is an issue.  Chairwoman Strand asked the board if they were in favor of keeping the checklist for the application and Selectman Bruno replied as a prior STR owner he believes it would be helpful as a reference.  Julia Brabec thanked the board for listening to her concerns and doing the due diligence to move forward with a reasonable STR application and process.  Martie Cook asked the board if they were going to explain to the Bethlehem voters why they weren’t going to enforce an ordinance that was passed, and Chairwoman Strand replied the board is going to enforce the STR ordinance how they legally can.  Chairwoman Strand continued STR properties that operated before March 2024 are being asked to voluntarily comply and all STR properties that came into operation after the ordinance passed must submit STR application with the Code Officer.  The board discussed the cost of the optional Building Inspector STR application inspection and agreed the fee should not exceed $100.

Chairwoman Strand made a motion to approve the STR application that is mandatory for STR that have come into operation after March 14^th, 2024, and voluntary for STR properties prior to that date with the following modifications: if a Building Inspector is requested a fee not to exceed $100.  Selectman Bruno seconded and all were in favor.

Abatements- Chairwoman Strand motion to approve recommendations from assessors to abate as following:

• Map 203 lot 40 grant the abatement reducing the value from $62,000 to $48,900
• Map 402 lot 28 grant the abatement reducing the value from $63,200 to $53,700
• Map 410 lot 14-5 grant the abatement reducing the value from $183,700 to $131,700
• Map 204 lot 63 grant the abatement reducing the value from $496,500 to $433,700

Motion to approve the tax collector abatement as follows:

• Map 415-092 and 415-093 in the amount of $37.21
• Map 413-043 in the amount of $25.43

Motion to approve the abatement for map 209-74 in the amount of $1,350.18.  Select Woman Hibberd seconded and all were in favor.

Rambling Woods Grant Opportunity- Chairwoman Strand informed the board that Rambling Woods had a grant opportunity to do engineering work for their sewer line and the Village does not have the ability to be a fiscal agent.

Chairwoman Strand motioned to be the fiscal agent for Rambling Woods grant opportunity.  Select Woman Hibberd seconds and all were in favor. 

Minutes 6/2- Select Woman Hibberd motioned to approve the amended minutes from 6/2. Chairwoman Strand seconded and all were in favor.

Updates and other business- Chairwoman Strand updated the board that HB 639 was killed in the NH House and thanked Chery Jensen for singlehandedly getting that done.  Chairwoman Strand also updated the board that BES garden club is still using the community garden by the solar array and there was still space available for anyone who wanted to plant.

Non-public Session per RSA 91A-3 II (personnel, reputation, and legal) Chairwoman Strand motioned to go into nonpublic per RSA 91A-3 II for reasons of personnel. Selectman Bruno seconded and roll call followed.

The board discussed personnel.

Chairwoman Strand made a motion to adjourn at 9:00. Selectman Bruno seconded, and all were in favor.

Respectfully submitted,

Mary Moritz

Town Administrator