Minutes
Selectmen’s Meeting
January 10, 2005
6:30 PM Chair Caron opened the meeting and asked all those present to stand for the Pledge of Allegiance.
Members: Jon Caron, Bill Netishen, Mary Bonser and Town Administrator Charles Brown.
Guests: Phil Auger, Mark West, Jay Michael, Sue Mooney, Dan Comte (and many neighbors from the area concerning the conservation easement issue) Peter Bock, Judy Doughty, Bill Kyle, Chris Mills, Dwayne Helton, Gene Reed, Chris Marken, Mark Pontbriand and Gary Bernier.
6:31 PM Motion: Caron, second Bonser to go into non-public session per 91 A-3II(d).
Vote: 3-0 in favor.
6:40 PM The Board came out of non-public and resumed regular session.
Motion: Caron, second Bonser to keep all discussion in non-public session non-public.
Vote: 3-0 in favor.
Administrative business began with the signature file.
Motion: Bonser, second Netishen to appoint Jim Howard to the Zoning Board of Adjustment until March 12, 2005.
Vote: 3-0 in favor.
The Board was presented with 7 Land Use Change Tax documents for
Map 4, Lot 18-12 Map 18, Lot 16 Map 18, Lot 16-1
Map 18, Lot 16-2 Map 4, Lot 4-2 Map 4, Lot 4-1
and Map 4, Lot 18-13
The Board signed all the LUCT documents.
Bids for printing the Town Report were read by the Board. The quantity is for 900 issues, setup work will be extra.
Town & Country Printing $4635.00
North River Printing $6422.00
Randall Press $8725.00
Motion: Caron, second Bonser to hire Town & Country to produce the 2004 Town Report.
Vote: 3-0 in favor.
The Comte Conservation Easement was discussed next. Mr. Caron recused himself from the discussion as he is an abutter. Ms. Bonser asked Bear Paw Regional Greenways to speak. Mark West began the presentation. Bear Paw hoped to get an agreement in principal with the latest proposal which is completely new from the previous proposals. Mr. West reviewed the new proposal with the Board. Mr. Auger stated that Norcross will need a loan security agreement signed by all parties. Once the $160,000 is put into escrow, it will help to secure any matching funds that may be available. Next the Comtes will agree to accept a range of funds, $160,000 to $255,000 to make this work. They will hopefully receive the appraised value but will agree to a lower number if no grants can be secured. Mr.
Auger covered the requested time line showing the process being finalized before or during February 2006. Mr. Netishen asked if there would be a condition in the proposal preventing the Comtes from certain activities or selling any of the property within the year. The answer was yes.
Ms. Bonser asked about the Conservation Commission’s vote and the letter recommending this easement. She also asked about the Commission’s plan to acquire any other easements. Mr. Jay Michael stated that the Commission is mainly looking at property that would connect to existing greenways. Ms. Bonser would like to see a map that shows any connection to this property.
Also, the Board is waiting to see the attorney’s opinion on the legal aspect of the latest proposal.
Mr. West hopes the Board would agree in principal to the current proposal.
Mr. Netishen also feels the legal opinion is needed. Mr. Netishen asked Mr. Michael how would spending this money affect other pending easements. Mr. Michael was not sure what Mr. Netishen was looking for. Mr. West stated he thought the question referenced some past conservation efforts to define areas of interest. Mr. Michael stated this purchase will certainly deplete existing funds but that is why the funds were set aside to begin with. Mr. Auger asked if the attorney approves of the proposal, would the Board support the proposal? Mr. Netishen and Ms. Bonser feel they need more information from everyone before they give the Board’s approval / support.
Ms. Bonser feels the Board needs to meet on February 7th with the Conservation Commission. The Conservation Commission will relay their feelings to the Board tonight after their meeting. Mr. Bock asked what the town’s history has been using this money. A brief explanation followed simply stating there really is no history with this type of easement / development rights purchase. Mr. Kyle stated he did not think everyone in town is aware of the ongoing process dealing with easements. He has an issue with the way one group has promoted easement purchases. He did not name this group. He does not agree with the way the process is being used. Mr. Auger commented that NROC and Bear Paw are two distinctly different groups. Mr. Brown will send the time line, presented this evening,
to the town attorney.
7:45 PM Mr. Caron came back to the table and recognized Ms. Judy Doughty to speak next. She read a prepared statement. She is not happy with Attorney Teague’s actions on behalf of the town in regard to the Planning Board. Ms. Doughty asked the Board to dismiss Attorney Teague and retain different counsel for the Planning Board. Mr. Caron outlined the process regarding legal counsel. Again she asked the Board to do what is best for the town. Bill Kyle spoke in support of Ms. Doughty’s appeal. He also feels Mr. Teague is wrong. Chris Mills was next to speak. He stated he knows Attorney Teague personally but on a professional level there have been situations he did not approve of. Therese Thompson spoke in support of Ms. Doughty. She did not
agree with Mr. Teague’s recommendation for certain people to recuse themselves from the Planning Board. The Board took the request under advisement.
8:02 PM Next, Dwayne Helton addressed the Board on behalf of his mother concerning her property at 3 Little John Lane. He stated the home has been used as a duplex since 1965. He hopes to keep the property as a duplex and sell it for that purpose. The Board asked questions about the septic system. Mr. Helton stated that he was advised to replace the leach bed and will complete it before any sale takes place. Much discussion followed covering bedrooms, egress, septic, etc. Ms. Bonser read the Building Inspector’s recommendations. Again the main issues are proper egress and septic capacity. The Building Inspector stated the proper method would be for the Heltons to go through the Zoning Board of Adjustment process. There was much discussion on all aspects of
this issue. Mr. Netishen stated that if Mr. Helton went through the ZBA process, then everything would be documented. Mr. Caron feels the Board must confer with counsel on the legalities of granting Mr. Helton’s request.
Ms. Bonser asked if Mr. Helton would attempt to get a copy of the septic plan from Concord. Mr. Helton agreed to the request. This issue will be back on the agenda on January 24th.
8:30 PM The Board took a short break.
8:32 PM Gene Reed addressed the Board next. He started by discussing his property at 8 Michela Way. He feels that there are still gaps in the assessing process. He has given the Board a letter outlining his concerns. This is a national problem, not just a problem in Nottingham. Mr. Netishen cannot tell how significant any of these issues are as there is not enough detail. Mr. Reed stated he has detailed back up of his concerns. Mr. Netishen stated many of these issues are already being addressed. Mr. Reed replied that all people do not understand how to review their property record cards and a number of other things. People do have a responsibility to review their own property files but the Town should also provide more education into the process. Mr. Reed asked
the board to consider his request. There are many things in his neighborhood he knows are wrong but he did not know if entry was gained to inspect the homes. Avitar’s work should be done correctly. Mr. Bonser has issues with a public forum on this subject. Much discussion continued on this issue. Ms. Bonser asked how long this forum would last. Mr. Netishen hopes to take this under advisement and look into the request further. Avitar will be contacted and the process will be discussed. Mr. Reed stated disproportionate values are illegal. Mr. Chris Marken spoke up and stated that he also lives in Dunbarton Estates he had two mistakes on his property record card. Mr. Reed will be added to the January 24th agenda for further discussion.
Next, Mark Pontbriand and Gary Bernier arrived to discuss a problem they have been having with the chain of title on their property at 231 Stage Road. A deed transferring ownership from the town back to one of the previous owners was never recorded. This property has been on the tax rolls since 1985. They presented a quit-claim deed that they asked the Board to sign. It was asked if the town attorney has seen the document. Mr. Brown stated that the town attorney has recommended the quit-claim process but has not communicated his approval of the deed as presented to the Board. Mr. Brown will speak with the attorney in the morning.
Motion: Bonser, second Caron to sign the Quit Claim deed on the condition that the attorney gives his approval.
Vote: 3-0 in favor.
Concerning other business, The Red Cross sent in a request to read a resolution at Town Meeting. The Board said that this request could be read at Town Meeting. There was no discussion regarding who may read it.
Mr. Brown asked the Board if they had any suggestions for the cover of the Town Report. It was thought that a number of people who contributed greatly in the town passed away in 2004 and they should be mentioned in the report. The Board will discuss this again at the workshop on January 18th, 2005.
Motion: Bonser, second Netishen to accept as corrected the minutes of the December 27th meeting.
Vote: 3-0 in favor.
Motion: Netishen, second Bonser to adopt the Capital Assets Policy as written.
Vote: 3-0 in favor.
9:23 PM Motion: Caron, second Netishen to enter non-public session per RSA 91-A3 II (a).
Vote: 3-0 in favor.
After coming out of non-public.
10:30 PM Motion: Bonser, second Netishen to keep all discussion in non-public session non-public.
Vote: 3-0 in favor.
Having no further business before the Board,
Motion: Caron, second Bonser to adjourn.
Vote: 3-0 in favor.
Respectfully Submitted,
Charles A. Brown
Town Administrator
Approved as corrected
1/24/05
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