Board of Selectmen

Minutes

Official as March 27, 2012

Public Hearing
Chairman Robert Holden called to order the first public hearing concerning the Cable Franchise Renewal.  Selectman Holden stated the purpose of this hearing is to ascertain the future cable related needs and interest of the community.  In addition, the town is required by New Hampshire law to consider the ability of the applicant to:  1. Meet its financial obligations to perform.  2.  Provide adequate and technically sound facilities, equipment and signal quality.  3.  Provide adequate channel capacity and appropriate facilities for public, educational, or governmental use, taking into account the available technology, subscriber interest and cost.  4. Prohibit discrimination among customers of basic service.  5. Provide reasonable service, quality in terms of available technology, subscriber interest and cost.  6. Construct and install cable related equipment which conforms to all applicable state and federal laws and regulations and the national electric safety code.  7. Provide a competent staff able to provide prompt adequate service and to respond comprehensively to customer complaints, or problems.  8. Provide reasonable rules and policies for line extensions and disconnects, customer deposits and billing practices.

Selectman Holden stated that Moria Campbell with MetroCast was there to answer any questions. Selectman Holden ask for and received no questions or comments in connection with the cable franchise renewal. 

Ms. Campbell added that MetroCast submitted a letter of intent for request to renew back in October 2008.  The current franchise agreement did expire as of July 2011; however, they were issued an extension for that current agreement.  She also stated the purpose of this meeting is take any public input and at that point if there is not any, the town at some point will meet again with MetroCast to discuss any requests, desires, needs, etc.

Selectman Holden asked if we received any comments from the cable committee.  Mr. Lemire stated no.  Mr. David Tousignant stated that his cable bill continually trends up $1.00 to $2.00 almost every month and is considering dropping it because it is too much.  He also stated the service is good, but it is getting beyond cost affordability.  Ms. Campbell stated that in November notifications were sent out regarding the rate increase.  She also stated that every three years there is retransmission consent which is part of the communications act that was amended in 1992 which dictates the broadcasters have the authority to either elect for retransmission consent or “must carry”.  Discussion continued on rate increases.  There were no other questions.

Selectman Holden closed the public hearing on the cable franchise renewal.

Selectman Holden stated the next item was the acceptance of Pender Road and Knowles Way.  The Northwood codes require that when a road project has been approved by the planning board and completed to the satisfaction of the engineering firm, the board of selectmen will conduct a public hearing following the RSA requirements to accept the roads.  The listed roads have been completed to the satisfaction of the town’s engineering firm and the proper bonds have been posted as required. The board of selectmen has been advised that the acceptance of the roads can proceed contingent of receiving a proper executed deed.  Selectman Dill stated that this was only the piece that has been finished, so the extension of Pender Road is not being accepted at this time. Selectman Dill also stated when the next phase of the backside of Pender Road is built, we will have a bond on the public portion for the construction to the back.  There were no other questions or comments.

Selectman Holden closed the public hearing on the acceptance of Pender Road and Knowles Way.

Selectman Holden stated the next item was the Northwood blasting ordinance.  The ordinance being proposed is a result of numerous complaints received by Code Enforcement after reported damage from a blasting operation.  This proposed ordinance was developed after consultation with the Strafford Regional Planning and Review of numerous town blasting ordinances that have been adopted and successfully administered by them.  The intent of this ordinance is to create some reasonable control over blasting conducted within the Town of Northwood. Currently the town does not have any specific control and can only fall back on extreme liberal state requirements which do not require measures that provide a way to determine whether a contract is stated and perimeters are being met. 

Selectman Holden opened for discussion and questions.  Mr. Bruce Hodgdon asked why this came about. He wondered if there were some violations in town or damages in town that the public does not know about.  Selectman Holden stated that there was discussion a year ago that we implement the blasting ordinance; it was not acted on due to other issues. Selectman Holden deferred to Mr. Lemire because he works day to day with staff.

Mr. Lemire stated code enforcement and the fire department were consulted.  He also stated that many municipalities have adopted local blasting ordinances because the state requirements are liberal. Mr. Lemire has the list of state requirements.  He also stated the local jurisdictions, unless they adopt their own ordinances, have no authority or no means to know or to permit blasting operations. They have no means to check to make sure all the proper requirements are being met.  Mr. Hodgdon asked who would be qualified to check this.  Mr. Lemire stated the code enforcement department.  Mr. Lemire also stated they would be working in concert with the fire marshal’s office and the state police investigator.  Mr. Hodgdon expressed his concern because we have not had any problems.

Selectman Dill stated that we have been getting complaints in the last year, not issues or damages.  He also stated that most of the complaints have been regarding not proper notice being given before blasting in the area by abutters, this way we could lay out who is actually going to be notified and when. 

Mr. Lemire stated that the State Division of Fire Safety offered comment.  SAF:C1600 is the administrative rule which regulates the handling, transportation, storage of explosive materials including blasting operations and licensing of blasting operators.  It does not require permit for blasting be filed with the state police permits and licensing unit. The only notification requirement in the rules requires the blaster notify the local police and fire chief of the blast within 24 hours of the blast.  There is no requirement to notify the state. There is no requirement to go before a local planning, zoning or land use board before the blast is to take place. Pre-blast surveys are only required when blasting operations are conducted within 100 feet of a structure not in the control of the blaster.  Local ordinances give local officials the ability to require site plan job specific and inspection approvals.

Use of seismographs is not required but if one is used, the documentation from the instrument has to be kept by the blaster.  SAF:C1600 rules are written more to be re-active than pro-active. The only true oversight other than licensing by the state of a blasting operation is if an accident were to occur then a post incident investigation would determine if the rules were complied with.  Without any oversight the blasting industry is the sole holder of all information, right or wrong, about any particular blasting operation and apparently the 1600 rule is being revised this year.

Selectman Dill felt Mr. Hodgdon had been involved in some blasting in town.  He asked Mr. Hodgdon if he had read the ordinance.  Mr. Hodgdon replied yes.  Selectman Dill asked Mr. Hodgdon what his feeling is on this and would it infringe on what he is doing.  Mr. Hodgdon stated yes.  Mr. Hodgdon stated if you read the ordinance, there are a lot of regulations, paperwork, you have waiting time, etc.  Mr. Hodgdon stated he has not heard a good reason why we have to go to this.  He also stated that if this is enacted the cost will be tremendous to the tax payers.

Selectman Holden stated that there are many towns that have blasting ordinances.  He also stated that there was a blasting expert present.  Selectman Holden asked if there was someone that could give us the reasons why this would create a significant hardship to the people in town.   Mr. Jason Riley with Maine Drilling and Blasting stated this is a similar ordinance to other towns in the area and it certainly does not eliminate any types of complaints.  He also stated the amount of paperwork that would go into this would be a full-time position. He feels that there is a better scaled down version that could be used and receive the same results.

Ms. Sandy Priolo stated she had concerns in areas that currently have an impact on the quality of life.  Ms. Priolo referred to section 9, parts (b) and (j). Ms. Priolo feels this could be a health and safety issue for a person that is not aware of a blast coming, especially if they have health problems or a heart condition.  This should all be taken into safety measures. She also stated that personally the current three minute warning used is not audible if you are outside most of the time and if you are inside your house and not next to a window, it cannot be heard at all.  Ms. Priolo stated that part (n); the dust that is created is a health issue.  She also stated that part (o); regarding ground water testing, is it done only at the actual site. She asked about the wells that are in the area and asked how they are tested and who would pay for this monitoring and testing. She also asked about the escrow account and asked if it was being held by the Town of Northwood. Selectman Dill stated that he assumed it was.

Mr. Tousignant stated that in most cases when we are blasting here in town it would be building a house foundation. Whether the home owner is buying the house from a builder or having it built himself, generally speaking, you can incur ledges and unforeseen conditions. As soon as you hit ledge you are incurring a large amount of money to the excavation of blasting to start with.  He also feels that we are only talking about a half dozen to a dozen times in town per year.  He feels this is not an ordinance that will be utilized very often. He also feels that since this does not happen very often, less regulations the better.

Mr. Hodgdon stated that he wants people to realize that all of the people out there working have insurance to pay and a reputation involved and want to protect that reputation. He is also concerned about insurance going up and people going out of business.

Mr. Wolf stated he feels this is just another case of bureaucracy that we do not need in this town.

Another speaker from the Town of Epsom stated that he has blasted in Northwood.  He feels if you adopt this ordinance you will be talking about thousands of dollars that will be added on that the homeowners will have to incur.

Selectman Dill thanked everyone for coming out and speaking and giving feedback on this ordinance.  Selectman Holden stated that it is the board’s intention to let the process proceed, gather some additional comments, and have another public hearing.

There were no other comments, so Selectman Holden closed the public hearing.

Chairman Robert Holden called the regular meeting to order at 6:20 p.m.

Roll Call
Selectman Alden Dill, Selectman, Chairman Robert Holden, Selectman Scott Bryer and Town Administrator Brent Lemire

Fire Lieutenant James Lindquist led the pledge of allegiance.

Citizen’s Forum
No Citizen’s present

Appointments
Unfinished Business
No unfinished business

Public Hearings
Completed prior to the Selectmen’s meeting.

New Business
Acceptance of Minutes – January 24th and February 7th
Selectman Dill stated Page 3, line 31, of the January 24th minutes; the wording of the sentence should be corrected. Mr. Lemire will take care of this.  Selectman Holden had concerns on Page 3, line 26, 27 and also on Page 4, line 29, add the words the lagoon. Selectman Dill so moved, seconded by Selectman Bryer.  Motion carries; 3/0
 
Selectman Dill made a motion to accept the February 7th minutes as written, seconded by Selectman Holden.  Selectman Holden stated on Page 3, line 34, change the word fall to spring.  Motion carries; 3/0 

Assessing Forms/Applications
Selectman Dill made a motion for certification of yield taxes assessed for Map 236, Lot 3 in the amount of $224.40, Seconded by Selectman Bryer.  Motion carries; 3/0

Selectman Dill made a motion for the timber tax levy for Map 236, Lot 3 in the amount of $224.40, seconded by Selectman Bryer.  Motion carries; 3/0

Selectman Dill made a motion to accept as per recommendation of the assessor a veteran’s credit for Map 230, Lot 76, seconded by Selectman Bryer.  Motion carries; 3/0

Selectman Dill made a motion to accept an agreement and release for building on a class VI or private road for 13 Pine St., seconded by Selectman Bryer.  Motion carries; 3/0 

Approval of Manifest (s)
Selectman Dill made a motion to approve the vendor manifest in the amount of $79,019.37, seconded by Selectman Holden.  Motion carries; 3/0

Purchase Orders
No Purchase Orders

Miscellaneous Reports (Treasurer, Road Agent)
Selectman Holden stated he would like to see job costing on the road agent’s report.  Selectman Holden questioned the report being the highway department or road agent report.  Mr. Lemire stated he thought it may be a little of both.  Discussion continued on the road agent report.  Mr. Lemire asked the road agent when he is out checking roads to also check for street signs, miscellaneous routine problems that they may encounter, any street signs that may be damaged.  Selectman Bryer stated this has been set up this way prior to him being on the board.  Discussion continued on the road agent and his duties.  Selectman Holden stated he would like to see in the future that we move to a highway department cost program.  Discussion continued.

Minutes of the Highway Advisory Committee Meeting
No comments.

Miscellaneous Signatures
Junkyard permit
Mr. Lemire stated that we have one junkyard permit to be signed by the board.  He also stated that we have Tower View CDBG that also needs a signature. Selectman Dill made a motion to accept the junkyard permit as proposed, seconded by selectman Bryer.  Motion carries; 3/0.  Selectman Holden would like to accept the motion to have the chair sign a request for release of funds and certification, seconded by Selectman Dill.  Motion carries; 3/0

Report of Code Enforcement Officer on Masten Estates
Selectman Dill stated that Underwood Engineering is still taking care of this. He also stated that in his and Mr. Wilson’s opinion, the drainage that Underwood and Masten came up with was definitely uncommon.  Selectman Dill stated that he was not willing to take it as it is for a public road.  Selectman Dill stated that in his opinion and the Road Agent’s, it is going to cause a liability for the town in the near future.  Selectman Dill feels that the new engineering firm for the town should also look at this.

Selectman Holden stated the sub-division was built to the design that was furnished to the town, so they met the specifications.  Discussion continued on Masten Estates.  Selectman Dill stated there are some issues such as drainage and iron seepage. Selectman Dill asked Ms. Smith if we still held a bond on Masten.  Ms. Smith stated she did not believe so. Selectman Holden stated that this needs further discussion. It was agreed by the board that no action will be taken at tonight’s meeting.

Reports
Town Administrator’s Report
Mr. Lemire stated that work on Northwood Lake Beach and Mary Waldron Beach is due to begin by D.L. Docko next week.  There were three quotes submitted and D.L. Docko submitted the lowest bid. Northwood Lake Beach will be started first, then Mary Waldron Beach. Mr. Lemire stated that Mr. Docko is well aware of the constraints; he was given a copy of the permit and has committed to completing the work by the time the water level rises.

Mr. Lemire stated that the 2012 Voter’s Guide has been completed and it will appear in Wednesday’s edition of the Suncook Valley Sun.  It is also on line and copies are available at the town clerk’s office, the library and the main office at town hall. Mr. Lemire stated that we have received a lot of compliments on the Voter’s Guide.

Mr. Lemire stated that he would like to congratulate our Recreation Director who was married on Saturday, February 25th.

Mr. Lemire stated that he has been meeting with state and local officials regarding the trees at the Park N Ride. Three of the trees belong to the Masonic Lodge and they will be taking them down.
The state will be taking two that are owned by the town down due to rot and the liability posed with branches.  They will be leaving the healthy one and we intend to plant replacement flora at some point.  Selectman Dill stated that he does not want to have all those trees taken down.  Mr. Lemire stated that the state foreman has some serious concerns with the two middle trees.  Discussion continued regarding the trees.

Mr. Lemire stated that the Gulch Mountain issue has been solved without a major expense. People have moved ahead and completed the removal of their portion of the brush.  Mr. Lemire stated they had a meeting and it will be very inexpensive to meet all of the state requirements.  Discussion continued on the Gulch Mountain issue.  

Individual Selectman’s Reports
Selectman Bryer – Selectman Bryer apologized for being late tonight.
Selectman Dill – Selectman Dill stated that the old truck needs to be bid out.  Mr. Lemire stated that is half completed.  He also stated that the pick up the road agent uses is in deplorable shape and will need to be replaced. Selectman Dill feels that the road agent should check at the White Farm and see what is available. 

Selectman Holden - Selectman Holden stated that this would be his last meeting as chairman and it certainly has been a pleasure and an enjoyable experience.

Citizen’s Forum
None

Non-Public Session
Selectman Dill made a motion to go into non-public session at 6:54 p.m. under RSA 91-A:3 II c, seconded by Selectman Bryer.
Roll Call Vote:
Selectman Bryer – Yes
Selectman Dill – Yes
Selectman Holden - Yes

Selectman Bryer made a motion to come out of non-public session at 7:33 p.m., seconded by Selectman Dill.  Motion carries; 3/0.
Selectman Bryer made a motion to seal the minutes of the non-public session, seconded by Selectman Dill.  Motion carries; 3/0.

Selectman Dill made a motion for the Town of Northwood to enter into a tax agreement on Map 222 Lot 33 Sub-lot 20, seconded by Selectman Bryer.  Motion carries; 3/0.

Selectman Dill made a motion that the Board of Selectmen appoint James R. Lindquist as the new Fire Chief for the Town of Northwood, seconded by Selectman Bryer.  Motion carries; 3/0.

Fire Chief Lindquist stated he had two items of business, with the change in leadership; we need to appoint a Deputy and a Forest Fire Warden for the Town. Selectman Dill made a motion we appoint James Lindquist as the Forest Fire Warden for the Town of Northwood and Nick Bassett as the Deputy, seconded by Selectman Bryer.  Motion carries; 3/0.

Adjournment
Selectman Dill made a motion to adjourn, seconded by Selectman Bryer.  Motion carries; 3/0, at 7:40 p.m.
Respectfully Submitted,
Diane L. Young,
Municipal Secretary