| Board of Selectmen Minutes 05/11/10 |
| Written by Lisa Fellows-Weaver | |
| Thursday, 03 June 2010 | |
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Board of Selectmen Minutes May 11, 2010 Official as of May 25, 2010 Chairman Scott Bryer called the meeting to order at 6:00 p.m. Roll Call Public Hearings Ken Curley stated that the ordinances proposed seem to cover all issues relative to dogs. He added that many items within the proposal re-state the RSAs. However, Mr. Curley explained that it needs to be defined if the animal control officer (ACO) is a law officer. He added that most fees are established Mr. Curley stated that there is no provision regarding contacting the owner if there is a stray dog. He explained that the way the ordinance is written it allows the police department to take a dog, keep it for seven days, take ownership, and dispose of it. He stated that the ordinance does not include any provision that there must be a reasonable effort by the department to contact the owner. Mr. Curley stated that this is not what he wants as an ordinance. Selectman Dill stated that the ordinance is the State’s RSA. Selectman Bryer requested that the information be verified due to concerns expressed. He asked if town counsel has reviewed this wording and Mr. Stack replied yes, prior to town meeting. Selectman Bryer added that he too has concerns with the timing of seven days. Mr. Stack stated that he spoke with the ACO today who explained that she and the police chief are working on a contract with the SPCA. He added that if the ACO is aware of the owners they do make every effort to notify the owners. He stated that at the end of the seven days, the SPCA would look to place the dog into a home. Selectman Dill asked at what point does the tax payer’s burden end. Mr. Curley stated that these clarifications of language should be added to the ordinance. In addition, he stated that he has researched RSA 466 and noted that RSA 466:30 (b) states that the town must have a referendum to adopt the RSA for the town to have any authority with picking up stray dogs. He stated that he hopes that the town adopted this at a town meeting making the town authorized to handle dogs. Norman Dodge stated that wording is very important due to interpretation. He suggested that there be definitions provided for clarification purposes. Jill Poulicakos, employed by the Northwood veterinarian, suggested that additional wording be added to the dog registration form noting if the dog has a microchip, which would have ownership information; therefore, the town would not need to hold a dog for any length of time. In addition, she stated that there needs to be proof that these dogs are deemed to be a nuisance. She added that additional information needs to be noted regarding fines as well as repeat offenses. Carol White asked about times being established. Selectman Bryer stated that the Board did not really want to establish times. She also asked about undomesticated animals. Selectman Bryer stated that the first point of contact would be the town’s ACO and then it would be up to the ACO to determine if it were necessary to contact NH Fish and Game. Further discussion ensued regarding nuisances. Babette Morrill referred to section G and asked at what point a nuisance becomes an issue. Selectman Bryer stated a nuisance would be when issues occur that are beyond your best effort. In addition, Ms. Morrill asked about a dangerous dog and assault. She stated that she feels this needs to be better defined. Selectman Bryer stated that assault would be physical contact from aggressive dogs. He added that there is a leash law. Discussion ensued and Ms. Morrill expressed concern with people’s judgments. Mr. Bryer noted that this is a state law and he appreciates the comments. He stated that the ordinance is for protection and is not to be detrimental to pet owners. Selectman Bryer stated that once this is passed, any issues will be addressed through the police commission and ACO. Bonnie Sears asked if the dog has a license will there be someone that will try to contact the owner. Selectman Bryer replied that he believes that if there is a license the ACO would be able to contact the owner. Mr. Stack explained that this has recently happened and the ACO did make great effort to contact the owners. Ms. Poulicakos added that the dogs were brought to Northwood vet and the owner was in Florida. She added that this is why it is important to not destroy dogs in seven days. Ms. Poulicakos asked what happens if this is passed and there is a problem. Selectman Bryer stated that there is a process but the ordinances could be amended. Selectman Bryer suggested that the wording be reviewed for Section G3 and 4C and amended. Selectman Dill suggested that they add domestic and undomesticated animals throughout the document. Additional discussion is held regarding the definition of a reasonable person. Selectman Bryer suggested that the State statute be referred to for a definition of a reasonable person. Selectman Holden noted that he will not support Section 6 as he has concern with the fact that it states that anyone can kill a dog. Selectman Bryer requested that the document be reworked and the Board will address this again at the May 25 meeting. He added that there will not be another public hearing for this ordinance. With no further comments, Selectman Bryer closed the public portion for this hearing. Joe Knox stated that this area is a recreational area and there are other areas where dogs can be taken. He agreed that there should be no dogs allowed on the fields. Babette Morrill asked what the safety zone is regarding fire arms. Selectman Dill stated that this area is on file and is behind the fields area. With no further comments, Selectman Bryer closed the public portion for this hearing. BOS Bylaws Ordinance (Ord. No. 10-5) With no public comment, Selectman Bryer closed the public portion for this hearing. Town Beach Regulations Ordinance (Ord. No. 10-07) With no public comment, Selectman Bryer closed the public portion for this hearing. Appointments Ms. Bistany requested that the Board schedule a public hearing for a CDBG Economic Development Grant. She explained that the state receives an allocation of HUD funds every year and some goes to economic development and some goes to housing and public facilities. She stated that she has been talking to one of the owners of DR Dimes and the son who is looking to acquire the business. These funds will assist with some of the financing. The project will allow for the manufacturing to continue as well as the retention of more than 17 jobs held by primarily low and moderate income people. Ms. Bistany explained that the Town would be the applicant. The funds that are lent out by REDC will be repaid to REDC and then be able to be reused again for other similar loans. Further discussion ensued regarding the finances and Selectman Bryer asked if the Town would be held liable if there was a default with the company or purchaser. Ms. Bistany replied no, not for the Town nor her organization; it all goes to the borrower. She added that she would provide references from other communities that have received the grant. Mr. Stack stated that a public hearing on the grant application will be scheduled for 5/25/10. **Motion** Selectman Dill motioned, seconded by Selectman Holden, to accept the CDBG process and schedule a public hearing. Selectman Holden asked if there will be any expenses to the Town and Ms. Bistany replied no. She added that the management from the Town is to disperse funds once received. A grant administrator is hired by the Town and works for the Town to handle the grant. She added that funds are retained by the Town including any additional audit work required. Motion passed unanimously; 3/0. Unfinished Business Northwood Athletic Fields Regulations Ordinance (Ord. No. 10-03) BOS Bylaws Ordinance (Ord. No. 10-05) Town Beach Regulations Ordinance (Ord. No. 10-07) Municipal Agreement for Sidewalks and Flowage Release - Masten Estates Non-Public Session 7:30 p.m. **Motion** Selectman Bryer made a motion, seconded by Selectman Holden, to come out of non-public session. Motion passed unanimously; 3/0. **Motion** Selectman Bryer made a motion, seconded by Selectman Holden, to seal the minutes of the non-public session. Motion passed unanimously; 3/0. **Motion** Selectman Dill made a motion, seconded by Selectman Bryer, to sign the agreement with the State of NH and Masten Estates. Motion passed unanimously; 3/0. Traffic Concern - High Street Town Hall Emergency Generator In addition, Mr. Stack stated that the generator would be installed on the east side of the building. He explained that emergency exists were installed a few years ago and he asked the fire inspector to see if these two exists are necessary and Mr. Wakeman has ruled that it is not a requirement to have the exterior doorway. Mr. Stack added that this would also add additional space inside the building. This matter was continued to the next meeting pending additional information. Appointment to Boards, Committees and Commission Sale of Town Property New Business Approval of Payables Manifest and Purchase Orders Mr. Stack stated that he asked the police chief about the recent purchase of a three hole punch and the shipping charge who explained that the item was less expensive even with the shipping. Selectman Holden asked about the paving at Bennett’s Bridge by Wolcott Construction, in the amount of $1,760. Discussion was held and Mr. Stack stated that this is for enlarging the parking area and adding a bituminous curd. These items were not in the original contract for the project. Discussion ensued regarding the contractor and Mr. Stack will check into this item. Selectman Holden stated that the invoice for the new table and chairs has come in. The amount for the chairs was $1,776. and the tables were $2,200. He stated that he is aware that this is a lot of money; however, he feels that the town’s volunteers need a good place to sit and work as they are an asset to the town. Motion passed unanimously; 3/0. The manifest was signed by the Board. Outstanding Purchase Order - Conservation Fund Selectman Bryer requested a procedure documented that will explain how this will be prevented from occurring again. He added that this will reduce the unreserved fund balance as this money needs to be given to the Conservation Commission. Mr. Stack stated that the plan is noted in the memo and the auditor’s reports will be recalculated by the Finance Administrator. Selectman Bryer requested a copy of the analysis showing all funds being moved from current use into being taxed, what funds are being allocated to the Conservation Commission, and what is allocated to the general fund. The Board agrees to send a memo notifying the Conservation Commission and Budget Committee of the situation that funds have been removed from the unreserved fund balance. **Motion** Selectman Dill motioned to approve the purchase order for the Conservation Commission, in the amount of $71,522.98 pending confirmation that this is the correct amount. Selectman Bryer seconded the motion. Motion passed unanimously; 3/0. The purchase order was signed by the Board. Outstanding Purchase Order -Transfer to Grant Match Trust Purchase Order - Video Equipment Assessing Forms, Applications and Assessments Intent to Excavate, Docko - Map 242; Lot 17 Intent to Cut, Peters - Map 231; Lot 5 Land Use Change Tax and Levy, Deer Run Subdivision - Map 210; Lots 80 and 82 Application for Current Use - Map 224; Lot 10-12 Abatements Execute P1 Property Tax Warrant Liability Insurance Coverage - Extension Offer Lending Policies for Video Equipment and Recreation Equipment Northwood Community Television Proposal Personnel Plan Amendments - Adoption of Ord. No. 10-06 Selectman Bryer asked if this was standard practice to offer short term disability to a part time employee. Mr. Stack replied that the lowest amount of hours worked that the insurance carrier would allow was 20 hours. Selectman Bryer asked if this amendment was reviewed by town counsel and Mr. Stack replied no. Septage Lagoon Contract - Sebastian Septic Service, LLC Communication from Senator Barnes - Issues on Private Road Communication Relative to Signage on Blakes Hill Road and Winding Hill Road Other New Business Reports In addition, Mr. Stack suggested that the contractor has offered to purchase the home located on Ash Street and could remove this home with a liability waiver. Mr. Stack will further research this item. Surplus Highway Truck Selectmen’s Reports Selectman Holden stated that he thought the hours at the Transfer Station had been changed last summer to 3 p.m. and it was year round. He requested that this be clarified. Selectman Holden noted that the pot hole has returned at the post office and needs to be addressed. Selectman Holden reported that at the last Highway Advisory Committee meeting they discussed updating the 5 year roads plan. He believes that this will cost approximately $4,000 and expects to submit a purchase order for an updated plan within the next month. Selectman Holden stated that the Highway Advisory Committee is looking for as built plans for the Northwood Ridge Water District. Mr. Stack stated that he has these plans and will forward to Steve Bailey. Non-Public Session Motion passed unanimously; 3/0. 9:45 p.m. **Motion** Selectman Holden made a motion, seconded by Selectman Dill, to come out of non-public session. Motion passed unanimously; 3/0. **Motion** Selectman Dill made a motion, seconded by Selectman Bryer, to seal the minutes of the non-public session. Motion passed unanimously; 3/0. **Motion** Selectman Dill made a motion, seconded by Selectman Holden, to hire the lifeguards as recommended by the recreation director, pending background checks. Motion passed unanimously; 3/0. Health Insurance Coverage Adjournment Respectfully submitted,
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