Town of Groton

Selectmen’s Meeting Minutes (Amended)

May 5, 2009

7:00pm

 

In Attendance:  Michael Brogna, Miles Sinclair, Kyle Andrews, Pamela Hamel (AA)

 

Audience Members Present

 

Mike Brogna called the meeting to order at 6:56pm. Mike made a motion to go into a non public session at 6:56pm, Kyle 2nd, all in favor, so voted.

 

Mike made a motion to go back into public session at 7:15pm, Miles 2nd, all in favor, so voted. Mike made a motion to seal the minutes of the non public session, Miles 2nd, all in favor, so voted.

 

Mike read the appointments, announcements and minutes of the April 28 Selectmen’s meeting to the audience. Miles reported that the Board has a meeting scheduled with the grant writer, is still working on the Primex quote, has emailed the Chairman of the Board of Selectmen in Dorchester concerning the Mutual Road Aid Agreement, has contacted the cell tower company and needs to verify the date set for removal of the old trailer on Map 7 Lot 40.

 

Mike made a motion to accept the minutes as written, Kyle 2nd, all in favor, so voted.

 

The date for the Litter Free New Hampshire cleanup day is Saturday, May 9 at 10:00am.  All those interested in participating should meet at the Town House.

 

Mike reported that all the Intents to Cut tabled at last week’s meeting were signed at the Thursday evening work session. The Septic Plans for Stevens were also signed. They had received verification that the Septic met the setbacks as laid out in the Shoreland Protection Act.

 

The Board reviewed the Veteran’s Tax Credit Application for Martel. Mike made a motion to sign the application, Kyle 2nd, all in favor, so voted.

 

Tax Collector Laura Hauser reported that she did several searches looking for any cash receipts that came close to the amount Paul Adams said he had paid on the 1st billing of his 2008 taxes. She ran reports with a start date of May 1st through July 1st as well as looking through all the paper receipts for that time period. She did not find any indication that a payment was made. She has done all she can in researching this. Mr. Adam’s only recourse is to request an abatement. The Board does not feel it would be prudent to abate this as there is no indication that he paid. As much as they sympathize with him it would not be fair to the other residents in town. Mike made a motion to draft a letter stating the steps the Tax Collector has taken and the results of her search, and to state the Board’s position, Miles 2nd, all in favor, so voted.

 

The Board gave an update on their work session with Gordon Coursey. They have agreed to use Mr. Coursey as a consultant/resource, not as an acting forester. One of the things he will do is review the Intents and Reports of Cut.

 

Mike read the response from LGC regarding insurance liability if the consumption of alcohol is allowed on town property:

Ø      Covered under the current policy with no premium change

Ø      Covers all town employees and committee/board members who are acting within the scope of duties for the town. In this case the Conservation Committee and GRC members

Ø      Covered does not mean there is no liability. The claims department would defend a case against a covered member and the town but cannot guarantee that if there is a financial settlement all of it would be covered. Each case is dealt with individually depending upon who, when, where, how, etc. “Allowing alcohol is taking on a liability risk.”

Ø      In quotes “alcohol gets tricky & sticky”

Ø      No difference between beer and hard liquor

Ø      Since Town is not supplying the alcohol they do not have the care, custody and control of how much people drink. This doesn’t mean that they cannot be sued.

 

The Board is considering allowing alcohol on a trial basis, one step/event at a time. As written, the Town’s ordinance, which was adopted in 1993, does not give the Board the authority to do this. The options available are to let the ordinance stand as it is or revise it to include allowing the use of alcohol by special exception. This would require having a public hearing before the Board could take a vote on it. Mike made a motion to take the steps necessary to amend the open container ordinance, Kyle 2nd, all in favor, so voted.

 

Miles made a motion to sign the building permit for Putnam Map 6, Lot 91, Kyle 2nd, all in favor, so voted.

 

Board gave a report on the inspection of the Atwell/Orange Brook Bridge. Last inspection was in 2007. At that time the bridge received ratings of 5 and 6, and an E2 classification. The ratings this year are 5s which represents some deterioration from 2007. The question about the number of axles on the bridge at any one time has already been incorporated in the statute for bridge weights. The maximum weight load for an E2 bridge is 80,000. Vehicles with additional registration in accordance with RSA 266:18-b shall not be allowed to exceed the E2 classification limit. Mike made a motion to sign the Bridge Weight Limits Policy, Miles 2nd, all in favor, so voted.

 

Walter Kennedy asked the Board to consider accepting his application for the elderly tax exemption. Application deadline was April 15 for the 2009 tax year. Under RSA 72:33, the Board may receive an application at a later date if the owner shall satisfy the he was prevented by accident, mistake or misfortune from filing on time. Mike made a motion to table this until the Board can review the application and the statutes, Miles 2nd, all in favor, so voted. Mr. Kennedy said he was unaware of the deadline date.

 

The Board reviewed the Reports of Cut for Dillon for Map 5 Lot 164, Map 4 Lot 1 and Map 6 Lot 113. Miles noticed that the report date on the certificate did not correctly transfer to the timber tax bill. Pam will redo the tax bills. Mike made a motion to sign these this week once the date on the tax bills is corrected, Kyle 2nd, all in favor, so voted.

 

Mike made a motion to draft a letter to Buddy and Bonnie Lane giving them permission to put some gravel on Nedeau Lane/Bailey Hill Road, Kyle 2nd, all in favor, so voted.

 

Helen Santoro reported that the last logger to use Nedeau Lane had done some damage to her property and never came back to repair it even though he had promised to do so.

 

Miles made a motion to sign the building permit for Farnsworth Map 1 Lot 97, Kyle 2nd, all in favor, so voted.

 

Mike gave an update on the information they received from Jesse Bushaw concerning Intents to Cut:

Ø      30 days is 30 days regardless the reason. That is the interpretation of law. It is the Board’s decision to sign right away or wait.

Ø      Cannot add any stipulation to an Intent such as hours of operation, etc. An Intent is not about trucking, roads, noise ordinances, etc. It is about taxation. If the 4 criteria are met, the Board has 30 days to sign.

Ø      Cannot tie a road bond to an Intent. They are 2 different issues.

Ø      If the town wants to restrict hours of operation it must be in an ordinance.

 

Betty Smolinsky reported that they had filled 15 graves that had sunken at the River Road Cemetery. Lou and Marina Chase have volunteered to redo the sign for the North Groton Cemetery.

 

Slim Spafford had contacted the New Hampshire Horse Counsel. They provided him with state statutes protecting horses on roadways (RSA 265:5 and 104). He also contacted UNH’s equine division. They reported that manure on the roads does not pose a health threat.

 

Shirley Leone would like a report of the Health Officer’s findings from 2 weeks ago addressing the horse manure complaint on Brock Lane. Miles said the way the Board forwarded their request to the HO was for informational purposes for any action he deemed appropriate which Miles thought was none at all. They will find out if there is a report and if so, Mrs. Leone will be able to secure a copy.

 

Mike made a motion to adjourn the meeting at 9:20 pm, Miles 2nd, all in favor, so voted.  

 

Respectfully submitted,

Pamela Hamel  

Administrative Assistant