Board of Selectmen

Minutes

September 28, 2010 

Official as of October 12, 2010

Chairman Scott Bryer called the meeting to order at 6:03 p.m.

Roll Call
Chairman Scott Bryer, Vice-Chairman Robert Holden, Selectman Alden Dill, and Town Administrator David Stack.

Citizen’s Forum
There was no citizen’s forum.

Appointments
Thomas and Cindy Comita, 333 Winding Hill Rd.
Mr. and Mrs. Comita were present to meet with the BOS regarding a concern that they have with a neighbor’s wood boiler. Mr. Comita introduced Atty. McCarthy who is representing them.

Mr. Stack reported that he had previously provided to the Board a portion of a state statute addressing outdoor fire boilers as well as an NHDES Fact Sheet. He stated that he met with Mr. and Mrs. Comita and the Health Officer regarding the smoke from their neighbor’s burner. In addition, Mr. Stack stated that the Heath Officer and Code Enforcement Officer have inspected the property. 

Atty. McCarthy provided an overview of the property and stated that the burner that is causing the problems is located approximately 150’ in front of their house and 200’ up above as the land to the south is higher. During the summer months the smoke was bad enough some days that the Comitas needed to close the windows. He stated that Mr. Comita purchased an air quality monitor and has kept a record of the air quality from May through September.

Selectman Dill asked how long they have lived in this house and Mr. Comita replied 27 years. Atty. McCarthy added that the neighbor has lived there about 7 years and there have not been any problems. Atty. McCarthy stated that when the smoke is entering the house it is a problem.

Atty. McCarthy explained that the statutes and regulations indicate that when boilers are placed on the property they are to be placed in an area where they will not interfere with the neighbors. He stated that this lot is large and the house sits in the back. The neighbor’s house is towards the front with the boiler adjacent to the Comita’s property so the smoke flows directly into the Comita’s house.

Mrs. Comita explained that problems began in May of this year. Mr. Comita stated that when it was close to the end of the month, specifically May through July, there would be an odor in the air and they passed it off as trash. He added that in August the entire month was terrible. At one point they did call the police and fire departments to the house. By the time they arrived the smoke had dissipated.  

Mrs. Comita explained that her husband has developed a cough from this smoke and they must keep the house closed up at all times. Mr. Comita presented a log he has kept along with photographs. Mrs. Comita stated that when the Health Officer Don Arsenault went to the house, he was told that the boiler was a gift in 2006; however, Mrs. Comita stated that the boiler has only begun to be used this summer as they have just started to have this terrible odor. Mr. Comita stated that the State called the Health Officer and invited him to visit the property with the State’s engineer. Mr. Arsenault did let them know that their neighbor was not burning trash. In addition, Mr. Comita added that the engineer could not find any serial numbers on the unit, no paper work was available, and no manufacturer was listed on the unit. Mr. McCarthy stated that if this unit does not meet the requirements of the State of NH, then their neighbor should not be able to use this boiler. 

Selectman Dill stated that there have been some levels of EPA certifications over the past few years. Selectman Bryer asked if there is any requirement for the owner to come in to the Town offices for a permit. Selectman Dill replied no and added that there are at least two of these burners in Town now. Selectman Bryer read RSA 125. Mr. Stack stated that enforcement would be done via DES; however, there is reference in the RSA for the municipality to prevent nuisances and protect health. He stated that the Health Officer can determine if there is a health nuisance.

Mr. Comita explained that he filed a complaint with the Town on August 18. Prior to this the Health Officer and DES had investigated the boiler. Mrs. Comita stated that the footage requirements from the property lines have been met. Atty. McCarthy added that the height of the stack is probably equal to the height of the Comita’s home.

Selectman Holden asked if the Comitas have spoken to their neighbor. Mr. Comita replied no. Mrs. Comita added that the neighbor is aware as the Town’s Health Officer and the State have visited the site and looked at the unit. Mr. Comita stated that he feels that approaching the neighbor would be offensive to him.

Selectman Dill stated that some towns have passed local ordinances, although nothing has been done yet in Northwood. Mrs. Comita stated that the RSA states that each case is individual and if there is a problem or there is a health problem than the unit can be banned or discontinued. Mr. Comita stated that they purchased a carbon monoxide detector to keep outside and there have been some readings taken, registering carbon monoxide.

Selectman Bryer requested a copy of the Health Officer’s findings and possibly anything from the State engineer as well. Mrs. Comita stated that the State engineer suggested burning drier wood. Selectman Dill stated that this could help with some of the issue. Mr. Comita read an email he received from the engineer. Mr. Stack suggested that the Health Officer visit the site again. Atty. McCarthy requested that when the Health Officer re-visits the site that he determine if the unit meets all criteria and has a proper serial number.

Mr. Comita stated that he received a call from the Health Officer on August 24 who stated that the Health Officer did not feel that this was a nuisance and the matter was not presented to the Selectmen. Mrs. Comita stated that he was comparing the smoke to that of a chimney. Mr. Comita stated that they have spoken to other neighbors but they were not having as much of a problem. He added that they provided some information to their neighbors as well. Atty. McCarthy stated that the Comitas will continue to monitor the situation and they are requesting that the Board direct Town staff to re-visit the matter.

Selectman Bryer stated that the Health Officer should make sure that the unit is in compliance with the State’s requirements. Selectman Dill requested that Code Enforcement also visit the site. Selectman Bryer requested that this item be continued to the next meeting in hopes that documentation will be received from Town staff.

Sarah Boulanger and Angelo Laliotis, 62 Knowles Way
Bill Boulanger met with the Board along with his daughter Sarah Boulanger and son-in-law Angelo Laliotis regarding their culvert. Mr. Boulanger explained that the culvert that goes across the driveway was not installed properly and the plastic pipe was crushed during construction. He spoke to the builder to repair this and it has not been fixed. Mr. Boulanger stated that the Town has not accepted the road yet and he is requesting that the Town take some kind of action. He added that he feels that the culvert was not inspected correctly either as there should be 12 inches of gravel on top of the culvert. He stated that he hauled in stone this spring so that the driveway could be crossed.

Ms. Boulanger stated that during the closing they asked about the culvert and were told by the builder and developer that it was fine and could be popped back into place. 

Mr. Stack stated that Knowles Way is to be a Town road. He stated that there was a change in engineering firms and he is looking into the records relative to this project. He added that he has not been able to locate a valid letter of credit or bond. Selectman Bryer stated that if the Town has not accepted the road the Town cannot release the letter of credit.

Mr. Stack stated that this is not the only problem in this subdivision. He explained that there are other inlet and outlet problems and both sides of the road should be addressed.

Selectman Bryer stated that the Board needs to determine that the road was built according to the plan. He added that perhaps the Code Enforcement Officer should visit the area.

Ms. Boulanger stated that they have a one year homeowners warranty and the developer does not intend to repair the culver as he does not feel there is anything wrong with it. Mr. Boulanger stated that the culvert was never installed correctly and if it crushes, it fails. He added that the culvert could be in the Town right of way. He asked if the homeowner is responsible for the culvert or will the Town be when the road is accepted. Selectman Bryer replied that typically it is the homeowner that is responsible for the culvert. Mr. Boulanger stated that if the builder does not do anything to repair the culverts then he suggested that the Town not accept the road until the drainage issues are corrected. 

Selectman Dill stated that there are some specifications for this road. Selectman Holden suggested that future permits not be issued until the road issues are addressed. Mr. Stack stated that in the future all permits would not be addressed unless there is a valid letter of credit in place. He added that if the letter of credit has lapsed then the developer will need to provide a new letter of credit. He stated that he does not see any evidence of a letter of credit. He stated that there is some escrow left and suggested that an engineer review the road and establish a time frame for completion. Mr. Stack stated that the Road Agent has expressed concern with the fact that the road has been at a base course now for five years and it will begin to break down.     

Unfinished Business
Approval of Updated Fire Department Job Descriptions
Mr. Stack stated that he has let Captain Madison know that the Selectmen are looking for review by the employees for the job descriptions for Captain/EMT-B, and Firefighter/EMT-B. He stated that he is waiting for a response that this has been completed. 

Selectman Bryer stated that the process needs to be followed and the descriptions should be signed off by the Captain and Chief.

Proposed Ord. No. 10-08 - Fees Update
Mr. Stack stated that he is aware that the Building Inspector is working on a report; however, he has not received a report as to the rationale for proposing the fee increases and recommend that this be tabled to the 10/12 meeting. **Motion** Selectman Dill motioned to table accepting the fee increases until the October 12, 2010, meeting. Selectman Holden seconded the motion. Motion passed unanimously; 3/0. 

Proposed Ord. No. 10-10 - Fund Balance Policy
Mr. Stack stated that information from the LGC relative to the adoption of a fund balance policy was enclosed in the last meeting’s packet. Selectman Bryer noted that the Board was concerned with creating a situation dictating to future Boards. He added that there was also discussion regarding the range. Mr. Stack stated that the minimum recommended by the Department of Revenue Administration is 5% and the GFOA recommendation is 8%. Selectman Bryer suggested to not go below 6% or higher than 8%. Selectman Holden asked if the Town has ever had a policy and Selectman Bryer stated that he would be comfortably proposing a range.  

Mr. Stack stated that some Towns have a minimum; however, also have higher target amounts. Selectman Bryer suggested 6%. Mr. Stack stated that currently there is about 6.5 % that has been retained by the Town. . Selectman Holden noted the concerns with the possible effect t of the Bennett’s Bridge and the conservation land fund accounting errors on the fund balance.  Mr. Stack stated that the Bennett Bridge project was shown as unexpended and is a wash. He added that in speaking with the auditor the amount for the conservation fund had been carried as a liability and had not been paid.

Selectman Bryer stated that the goal is to keep taxes leveled. Discussion ensued. Selectman Bryer and Selectman Dill suggested 6% and Selectman Holden suggested 5½%. **Motion** Selectman Dill motioned to adopt the Fund Balance Policy at a minimum of 6%. Selectman Holden seconded the motion. Motion passed unanimously; 3/0. 
Highway Department Job Descriptions
Mr. Stack stated that the job descriptions have been distributed to the department employees to review.

Proposal for Stump Grinding - Phase II Athletic Fields Project
Mr. Stack stated that he has spoken to other contractors that have steered the Board back toward David Ladd. **Motion** Selectman Holden motioned to issue a purchase order, not to exceed $16,200. to David Ladd Construction to remove/grind the stumps at the athletic fields. Selectman Dill seconded the motion. Motion passed unanimously; 3/0.  

Proposed Ambulance Fee Waiver Request Process
A draft of the process was reviewed. Selectman Holden expressed concern with the fact that this may lead to the Board granting the waivers on a regular basis. He stated that over the past year the Board has had a good success rate of discussing the cases and coming to a resolution. Selectman Dill stated that a policy will allow the Board to have an established procedure in place.

Mr. Stack stated that the policy presented is a model policy from another municipality similar to Northwood that uses an outside billing agent.

Discussion ensued regarding adding wording necessary for income verification or documentation.

Mr. Stack stated that he will re-work the policy for the next meeting.  

Boulder Removal at Northwood Lake Town Beach
Mr. Stack stated that he has reviewed file relative to the removal of the boulder at the beach. He stated that in 2006, the Recreation Director prepared and filed a Dredge and Fill application with the State to remove the rocks and address the sand that has flooded the lake. The State reviewed the application and commented that additional information was necessary within 120 days or the application would be denied. The follow up information requested was not provided and the application lapsed. He recommends hiring an engineer to manage the process and re-submit an application.

Selectman Dill stated that he would agree with utilizing an engineer to complete this project. He noted that the Planning Board is in the process of reviewing RFQ’s for engineering firms so that may hold it up. Selectman Bryer stated that the Board should hire the current engineering firm to complete the project. Discussion ensued regarding the possibility of having Town employees and equipment complete the job. Mr. Stack stated that he will obtain a quote from Underwood to do the application and plan work.

Approval of 2011 Town Holidays
Mr. Stack provided the Board with a revised 2011 proposed Town Holiday list for approval. He stated that the error that was on the previously submitted document has been corrected. **Motion** Selectman Dill made a motion, seconded by Selectman Holden, to approve the 2011 holiday schedule. Motion passed unanimously; 3/0.

New Business
Acceptance of Minutes
August 24, 2010
**Motion** Selectman Dill made a motion, seconded by Selectman Holden, to approve the minutes of August 24, as amended.
Page 2: Change confirmed to …asked for confirmation if…
Page 2: Change confirmed to …asked if…
Page 4: Change …meeting
Page 5: Delete …per acre…
Page 7: Change state that to …asked if...
Page 9: Add… for the budget process.
Motion passed unanimously; 3/0.

September 7, 2010
**Motion** Selectman Holden made a motion, seconded by Selectman Dill, to approve the minutes of September 7, as amended.
Page 1: Change Commission to …fund…
Page 1: Delete …due to… and …over the past few years.
Page 2: Change Board to …policy…
Page 5: Change …the…
Motion passed unanimously; 3/0.

September 14, 2010
**Motion** Selectman Holden made a motion, seconded by Selectman Dill, to approve the minutes of September 14, as amended.
Page 3: Change meeting to …Business After Hours…
Page 5: Add In addition, he suggested requesting that the fine be waived. 
Page 6: Change could to …should…
Motion passed; 2/0/1. Selectman Bryer abstained, as he was not at the meeting.

Approval of Payroll Manifest and Purchase Orders
Approval of Vendor Manifest
Mr. Stack noted that there is an invoice being processed from JP Pest Chemical. He recommended holding onto the check at this time as he has called the company noting that the monthly service had been cancelled. Selectman Holden stated that he has not had an opportunity to review the manifest; however, will motion to approve subject to review later. **Motion** Selectman Holden motioned to approve the manifest, in the amount of $553,537.12. Selectman Dill seconded the motion. Selectman Holden noted that $500,000. is a check to the school and a payment to Health Trust, in the amount of $25,000. Motion passed unanimously; 3/0. The manifest was signed by the Board.

Purchase Order – Lavalley Northern Services
Mr. Stack presented a purchase order for Lavalley Northern Services, in the amount of $5,000. for tree work on Blakes Hill Road and Mountain Rd. **Motion** Selectman Bryer motioned to approve the purchase order for Lavalley Northern Services, in the amount of $5,000. Selectman Holden seconded the motion. Selectman Holden asked if this was budgeted and where it would be allocated. Selectman Bryer stated that this would be from the tree cutting line.  Mr. Stack stated that this was budgeted. Further explanation was given as to the process of what can be done with town staff and equipment and sometimes the additional need for contracted services to assist in the process. Selectman Holden asked if this would be an item to be discussed at the Highway Committee meeting and Selectman Dill replied yes. Motion passed unanimously; 3/0. The purchase order was signed by the Board.

FEMA Grant Audit Requirement
Mr. Stack stated that a copy of the audit will need to be sent to the State and that a form must be signed stating that the Town will do so at the required time. **Motion** Selectman Dill motioned to sign the form. Selectman Holden seconded the motion. Motion passed unanimously; 3/0.

Business Associate Agreement – Concord Hospital
Mr. Stack stated that this is an agreement with Concord Hospital for billing services for ambulance billing. He added that the name of the company changed thus the need for a new agreement. **Motion** Selectman Dill motioned to approve and to authorize the chair to sign the agreement. Selectman Holden seconded the motion. Motion passed unanimously; 3/0. The agreement was signed by Selectman Bryer.

Assessing Forms, Applications, and Assessments
Mr. Stack explained that the Assessor has the new values and changes completed. A discussion was held regarding bank appraisals. 

Application for Veteran’s Credit
Mr. Stack presented the Board with an application for a veteran’s credit. **Motion** Selectman Dill motioned to approve the veteran’s credit. Selectman Holden seconded the motion. Motion passed unanimously; 3/0.

Certification for Yield Taxes Assessed and Timber Tax Levy - Map 230; Lot 38.
Mr. Stack presented the Board with a Certification for Yield Taxes Assessed and Timber Tax Levy, in the amount of $2,208.63, Map 230; Lot 38. **Motion** Selectman Bryer motioned to approve the Certification for Yield Taxes Assessed and Timber Tax Levy - Map 230; Lot 38.  Selectman Dill seconded the motion. Motion passed unanimously; 3/0. The documents were signed by the Board.

Intent to Cut - Map 202; Lot 3
Mr. Stack presented the Board with an Intent to Cut, Map 202; Lot 3. **Motion** Selectman Bryer motioned to approve the Intent to Cut, Map 202; Lot 3. Selectman Holden seconded the motion. Motion passed unanimously; 3/0. The Intent to Cut was signed by the Board.

Intent to Cut - Map 202; Lot 2
Mr. Stack presented the Board with an Intent to Cut, Map 202; Lot 2. **Motion** Selectman Holden motioned to approve the Intent to Cut, Map 202; Lot 2. Selectman Bryer seconded the motion. Motion passed unanimously; 3/0. The Intent to Cut was signed by the Board.

Property Lien Discharge
Mr. Stack presented the Board with a property lien discharge for funds that have been repaid for assistance that was granted by the Town. **Motion** Selectman Bryer motioned to approve the property lien discharge. Selectman Holden seconded the motion. Motion passed unanimously; 3/0. The agreement was signed by Selectman Bryer.

2010-2011 Fuel Oil and Propane Contract
Mr. Stack stated that there is a variable price or a fixed price. Discussion was held as to the quotes, which were based on last year’s usage. He feels that this is better pricing and would recommend that the Board approve the fixed price.  **Motion** Selectman Holden motioned to accept Irving’s fixed priced program for #2 fuel oil at $2.59 per gallon and propane fixed price of $1.81. Selectman Dill seconded the motion. Motion passed unanimously; 3/0. The contracts were signed by Selectman Bryer.

Review of Properties Eligible for Tax Deeding
Mr. Stack provided a list of properties that are scheduled for tax deeding by the Tax Collector to the Town. Mr. Stack recommended the Board vote to accept the following tax deeds:  

4 Pheasant Lane - Tax Map 230, Lot 82, Sublot 62
 10 Fox Cross Lane - Tax Map 230, Lot 82, Sublot 5
 11 Mountain View Lane - Tax Map 230, Lot 82, Sublot 2
 19 Mountain View Lane - Tax Map 230, Lot 82, Sublot 51
Glenwood Lane - Tax Map 109, Lot 75
 Rochester Road - Tax Map 232, Lot 19
 Nottingham Town Line - Tax Map 232, Lot 23
 Gaviat Road - Tax Map 210, Lot 53

Mr. Stack recommended the Board vote to waive acceptance of the following tax deeds:  

Olde Canterbury Road (Tax Map 216, Lot 15)
Olde Canterbury Road (Tax Map 216, Lot 69)
32 Old Dump Road (Tax Map 109, Lot 19, Sublot MH-2)

Selectman Dill stated that he has a problem with waiving acceptance of the tax deeds for the  two Olde Canterbury Road properties. This as the person owes $7,100.  Mr. Stack stated that NHDES has ordered the owner to do various testing on the site and abutter’s properties. Selectman Bryer asked what the liability is of the property. Discussion continued regarding the status of the property and it being a health and environmental hazard. Selectman Dill expressed concern with the fact that this is has been occurring for three years. Mr. Stack stated that the Town can order a cease and desist to cease all activity on the site and prosecution can be taken. Mr. Stack explained the Town waives the deed, if at any time in the Board’s judgment that the reasons for refusing the deed no longer apply, the Board can instruct the Tax Collector to reissue the notices and deed the properties to the Town. 

Mr. Stack reported that the Old Dump Road property has been abandoned by owners, and the renter of the home would like to stay on the site and remove the existing manufactured home and replace it. Mr. Stack suggested that this option be pursued.

Mr. Stack stated that there also three properties owned by Heimlich that are up for deeding. He asked that the Board hold off until the next meeting as there have been some assessing concerns noted on the properties and the owner has been out of the country.

**Motion** Selectman Dill motioned to accept everything but Heimlich and those that are to be waived. Selectman Holden seconded the motion. Motion passed unanimously; 3/0.

**Motion** Selectman Dill motioned to waive the acceptance of the following deeds:
Map 216/Lot 15; Map 216/Lot 69; Map 109/Lot 19-MH2. Selectman Bryer seconded the motion. Motion passed unanimously; 3/0.

Approval of Contract - Cartographic Associates – Tax Map Maintenance  for 2011
Mr. Stack stated that this is the contract with Cartographic Associates for tax map maintenance in the amount of $2,500. This figure includes changes, and any updates. **Motion** Selectman Holden motioned to approve the contract with Cartographic Associates for 2011. Selectman Bryer seconded the motion. Motion passed unanimously; 3/0. The contract was signed by the Board.

MS-1 Form- Summary Inventory of Valuation
Mr. Stack presented the MS-1 form for review and signature. He noted that there has been a total net drop in value of  $86,967,283. and an increase of $230,300. in exemptions granted. The total net valuation is now $469,681,719.  **Motion** Selectman Dill motioned to accept the MS-1. Selectman Bryer seconded the motion. Motion passed unanimously; 3/0.

Approve Updated Cable TV Coordinator Job Description
Mr. Stack stated that the Town did not previously have a job description for this position. Selectman Dill asked if this has been reviewed by the Cable Committee and Mr. Stack replied no. **Motion** Selectman Dill motioned to table the Cable TV Coordinator Job Description until the Cable Advisory Committee has reviewed it. No second or vote was taken.

Discover and Eradicate Invasive Plant Day - 10/23/10
Mr. Stack stated that the Board has been invited to attend Invasive Plant Day at Town Hall, October 23, 2010. He explained that the group will be removing the bushes in front of Town Hall and presenting a plan for replacement.

Communication Relative to Activities at Northwood Athletic Fields
Mr. Stack stated that there was a complaint letter received from the Mead Field Condo Association relative to people urinating on the west side of the athletic fields. They feel that a fence needs to be installed. Selectman Dill stated that a portable toilet is available. He would like to talk to the Police Chief to see if this is an ongoing issue or something that has just recently begun. 

Purchase of Equipment for Public Access Program
Gary Garnet, Cable TV Coordinator, presented a proposed list of equipment to be purchased. He noted that the total cost will be under $50,000. and that there is currently a balance of $120,000 in the Cable TV Fund.  Mr. Garnett described how the system works and the necessary equipment. The Board expressed concern with the costs of the proposed equipment and the fact that volunteers will be trained and will have access to some of the equipment. Mr. Garnett stated that the Cable Committee has reviewed the proposal and requested that the total not exceed $50,000.

Discussion ensued. Selectman Bryer stated that the Board is expanding coverage of Board meetings and asked what this equipment will allow. Mr. Garnett stated that there are many activities that will be offered that are not Town meetings such as sporting events, entertainment, etc. Mr. Garnett added that if there is enough video then the Town could have a TV channel.

Selectman Holden suggested that there be a joint meeting with the Cable Committee and the BOS. He added that the funding is a trust fund. Mr. Garnett agreed and stated that the total amount to the trust fund is around $32,000 per year. He stated that he has to date spent up to $25,000 for items.

Reports
Town Administrator’s Report
Mr. Stack reminded the Board that a Budget Workshop led by trainers from the LGC will be held October 20 at 7 P.M.

Selectmen’s Reports
Selectman Dill noted that the Board needs to make sure that there is enough coverage for the November and Town elections.

Selectman Bryer asked about the status of the generator. He stated that he was made aware that there was an opportunity that additional generators could have purchased for all facilities at one price. Mr. Stack explained that a price was received from an electrician and the Board did not like the equipment proposed. Additional quotes were obtained and the Board went with another bid that had a larger generator for just a few hundred dollars more. Mr. Stack stated that there was not enough funding to purchase additional generators. He added that he has spoken to the Facilities Committee and they are looking into it further. Mr. Stack stated that $7,000 is needed for another generator at the Ridge Fire Station.

Non-Public Session
8:40 p.m. **Motion** Selectman Dill made a motion, seconded by Selectman Holden, to go into non-public session under RSA 91-A:3, II (a & c), relative to tax agreements and personnel. 
Roll Call Vote:
Selectman Dill – yes
Selectman Holden – yes
Selectman Bryer – yes
Motion passed unanimously; 3/0.
9:04 p.m. **Motion** Selectman Dill made a motion, seconded by Selectman Holden, 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.

Adjournment
**Motion** Selectman Dill made a motion to adjourn. Seconded by Selectman Holden. Motion passed unanimously, 3/0, at 9:05 p.m. 

Respectfully submitted,
Lisa Fellows-Weaver
Board Secretary