Minutes
Selectmen’s Meeting
December 12, 2005
6:30 PM Chair Netishen opened the meeting and asked all those present to stand for the Pledge of Allegiance.
Members: Bill Netishen, Mary Bonser, Peter Bock and Town Administrator Charles A. Brown.
Guests: Charles Reid, Chelli Tennis, Dan Comte, Phil Auger, Dan Kern, Jim Fernald, Deb Stevens, Tom Howe, Chris Welch and Chris Marken. There were others in the audience which did not speak and members of the Conservation Commission.
The Board reviewed the department issues first. Mr. Brown informed the Board that the Fire Department has requested authorization to purchase radios. These radios were budgeted for but Mr. Brown has asked the Fire Chief to hold off until he can review the remaining budget figures. The Highway department has informed Mr. Brown of several breakdowns that will require several thousand dollars for replacement parts. Mr. Brown has approved the expenditure for these items.
The Board will wait until Thursday’s budget workshop to act on the minutes of previous meetings.
The Board then reviewed items in the signature file.
The first documents to be considered were the Equalization rate sheets.
Motion: Bonser, second Bock to accept the data as written.
Vote: 3-0 in favor.
The following abatements were considered:
Map 44, Lot 2-5 for $795.
Motion: Bonser, second Bock to approve the abatement for Map 44, Lot 2-5 for $795.
Vote: 3-0 in favor.
Map 42, Lot 15 for $795.
Motion: Bock, second Bonser to approve the abatement for Map 42, Lot 15 for $795.
Vote: 3-0 in favor.
Map 16, Lot 9 for $746.
Motion: Bock, second Bonser to approve the abatement for Map 16, Lot 9 for $746.
Vote: 3-0 in favor.
Map 33, Lot 23-3 for $1090.
Motion: Bock, second Bonser to approve the abatement for Map 33, Lot 23-3 for $1090.
Vote: 3-0 in favor.
Map 68, Lot 2 abatement and refund.
Motion: Bock, second Bonser to approve the abatement for Map 68, Lot 2 which generates a refund of $262.
Vote: 3-0 in favor.
Map 24, Lot 100 for $795.
Motion: Bock, second Bonser to approve the abatement for Map 24, Lot 100 for $795.
Vote: 3-0 in favor.
Map 20, Lot 8-1 for $1,475.22.
Motion: Bock, second Bonser to approve the abatement for Map 20, Lot 8-1 for $1,475.22.
Vote: 3-0 in favor.
Ms. Bonser recused herself from action on this request for Map 23, Lot 2-18.
Map 23, Lot 2-18 for $182.
Motion: Bock, second Netishen to approve the abatement for Map 23, Lot 18-3 for $182.
Vote: 3-0 in favor.
Map 16, Lot 18-3, credit of interest for $114.34 brought about from the application of the Soldiers and Sailors Act.
Motion: Bock, second Bonser to approve the credit for Map 16, Lot 18-3 of $114.34.
Vote: 3-0 in favor.
The Board considered 2 intent to cut forms.
Map 2, Lot 1 intent to cut – taxes are current.
Map 71, Lot 150 intent to cut – taxes are current.
The Board signed both forms.
The next issue was the VISA card application for the Town of Nottingham. Mr. Brown recommended this so Town employees do not have to use their personal credit cards for Town purchases. Mr. Netishen feels the town’s name should be on the card. Mr. Brown will make that request but does not believe the Bank will agree. Mr. Netishen would like a summary of all other existing cards and their limits.
Motion: Bonser, second Bock to sign the Municipal Authorization form and VISA application for Charles Brown and Janet Horvath as card holders with a limit of $2,500 per card for a total credit limit of $5,000.
Vote: 3-0 in favor.
Mr. Netishen read several announcements regarding budget meetings and the PLAC. Ms. Bonser added additional comments. Mr. Bock stated that he enjoyed the Christmas parade and the associated activities.
Mr. Netishen then recognized Charles Reid.
Mr. Reid referred to conditions that were applied to the business at 91 McCrillis Road. Mr. Reid stated that Nelson Smith, the owner has added materials to his property, is working late into the evening and is working weekends. He said Mr. Smith occasionally starts at 7:00 am and continues until 8:00 pm. He pointed out the day of April 16th when Mr. Smith worked all day Saturday until 8:00 pm. Mr. Bock spoke about the screening machine and how much attention that screener had been given in previous discussions. Mr. Reid stated the old machine has not been onsite. Ms. Bonser recused herself and left the table. Mr. Netishen stated that the Board will need specifics to address this issue properly. Mr. Reid had pictures showing a machine that was brought in for screening. November 19 seems to be the last day that Mr. Smith was operating this machine. Mr. Reid did not specify additional dates when Mr. Smith has been operating on the weekends.
Mr. Reid feels that one of the conditions set by the ZBA was that no material could be brought onto Mr. Smith’s property. No one had a copy of the actual letter of decision from the ZBA to confirm this. Mr. Bock asked how do we deal with Mr. Smith now that the work season is over. Mr. Reid stated that nothing was in place to enforce the conditions that were placed on this business. The police will not respond to this type of situation. Mr. Netishen asked why Mr. Reid did not contact the Board before this date. Mr. Reid restated that Mr. Smith is not playing by the rules. Mr. Reid said he is trying to show a pattern and has been building up his evidence to bring to the Town. In addition, Mr. Reid stated that Mr. Smith has done work on his property that required a building permit but he never applied
for one. Mr. Reid stated Mr. Smith has hired help working on his property from time to time.
Mr. Bonser stated she hasn’t heard any unusual noise or excessive noise. Mr. Bock asked if she had heard these noises in the past. She said yes, but not this year. Mr. Bock hopes there is a second or third person that can also speak to this issue. Mr. Netishen feels the Board needs to receive items in writing from Mr. Reid, especially anything relating the ZBA conditions. It would have been better if Mr. Reid had brought this to the Board’s attention earlier in the year before Mr. Smith had ceased operation for the season. The Board will have to contact Mr. Smith in this regard. Additionally Mr. Smith must be given the opportunity to defend himself and to respond to Mr. Reid’s allegations. Mr. Netishen reminded Mr. Reid to provide specifics in writing that relate to
the conditions acted on by the ZBA.
7:40 PM Chelli Tennis gave the Board an update on the Food Pantry. The Pantry is in its 14th year and the new room in the Community Center is working out very well. She hopes people will consider volunteering at the pantry. Also, if anyone needs assistance, Ms. Tennis encourages him or her to call. The Pantry serves about 20-25 families per month for a total of 233 this year and has provided 6651 meals. The Pantry distributes on the 3rd Thursday of the month and they can respond to emergencies if needed. Mr. Bock stated that the Pantry is all volunteers. They also participate in Wish-Upon-A-Star program. These services are provided for Nottingham residents only. Other towns are impressed with Nottingham’s service. Mr. Netishen asked
Chelli to explain what the volunteers do. She explained that they work 2-3 hours a month in the pantry or in Manchester at the distribution center. If it is needed, they may pick up the government food in Manchester. There is much to do in a number of places. Mr. Bock spoke about the May Basket program, which was very well received. The baskets were not specifically for the needy, but more for some of the elderly or infirmed, intended as a pick-me-up. This town is very giving to others in need. The Board thanked Chelli for her efforts.
8:53 PM The Board took a short break.
Mr. Netishen recognized Phil Auger who spoke to the Board concerning the Comte Easement. He hopes to close on or before December 31, 2005. The report of the condition of property will require some additional entries. The survey is complete for the restricted area. The total property is 135.9 acres of which 3.72 acres is not in the easement and 132.2 acres is restricted. The Right of Way to the out area is in the restricted area. The deed description is being completed. The title update has been sent to the attorney. The mortgage subordination will be done this week. Concerning the funding, Mr. Kern stated $55,000 has been raised so far. $25,000 is still outstanding for transaction costs plus additional fundraising efforts that may be possible before March 2006.
Mr. Kern stated that there was an invoice for $1,500 for the survey and more for legal transaction costs totaling about $12,000. He hopes to finally settle in March 2006. Mr. Auger asked if they can agree to close out with the Comtes before Christmas. $155,000 will come from the town and $50,00 will come from Bear-Paw Regional Greenways. The deed and plan will be recorded and this will clear up the transaction with the Comtes. The Town and Bear-Paw will continue until March 2006. Mr. Brown will contact the Treasurer concerning the $155,000. The closing will be on Monday or Tuesday at 9:00 AM.
Tom Howe and Chris Welch of the Society for the Protection of NH Forests spoke to the Board regarding a potential project with Fernald’s Mulligan Forest. They provided the Board with a handout. This property is the largest contiguous parcel in southern New Hampshire. Mr. Howe explained the overall aspects of the project. This will have a major benefit to the community and also for the state. The appraisal is still being done. This is still very preliminary. Ms. Bonser is very interested in this project and thinks it should be pursued. Mr. Bock asked a number of questions about possible restrictions. Much discussion continued. Mr. Netishen asked who would do the monitoring of this easement. Mr. Auger answered the SPNHF would be the monitor. The
project would be funded with town funds, LCHIP grant, plus private funding and a small percentage from federal funding. There may be regional funding as well. Ms. Bonser asked about the town’s percentage of the total funding. LCHIP requires matching funds to their portion. Mr. Bock asked about the time line. The Board would need to get support from the town for this project at the 2006 Town Meeting so it would be at least 6 months from now. The terms must be agreed upon first. This will have a big impact on the progress. Mr. Bock asked to keep multi-year proposals in mind. Mr. Welch asked about the town’s time frame and how soon can this become a workable plan. He was told that the Selectmen would have to place an article in the 2006 Warrant addressing this proposal. Any projected cost will have to be fourth coming ASAP so it can be reviewed by the Budget Committee. This portion of the meeting ended.
8:57 PM Chris Marken was next on the agenda with an assessing concern and gave a handout to the Board. Mr. Marken feels the door hanging method should be used as it is approved by the state. Mr. Marken’s document addresses unscheduled appointments. He feels the cost of a door hanger is negligible. Also, Avitar’s internal communication seems to be lacking. The individuals reviewing properties do not seem to have information that was collected previously. He hopes to find out where everyone and Avitar stands on this. See #7 in Mr. Marken’s handout. Mr. Bock asked about sending postcards for the second attempt. He was told if this is needed, a letter is sent. Mr. Netishen has received calls from people who do not want door hangers. The cost would
be minimal but there are security issues to the individuals. The security issue generated much discussion. It is a very common practice to have all sorts of items left at homes. It was asked if they could be preprinted. Mr. Marken wishes to have Avitar provide a letter stating their reasons for not doing this. The Board will inform Mr. Marken of how this issue may be resolved with Avitar. Mr. Marken’s conversation with Kerry from Avitar has brought this issue back to the four-front. Mr. Marken left.
9:05 PM Two other issues were discussed at this time. Mosquito control was discussed. Mr. Brown informed the Board of two proposals that he received in this regard. It appears that any effort in his regard will be quite expensive. It was asked if this should be a warrant article, this would allow the voters to make a choice in this matter.
Next, Mr. Netishen stated the school has agreed to sell a 3+ acre parcel to the Town for use as a Fire Department site. Mr. Bock asked why this site was not considered in the past. It was asked whether the Board would agree to pursue this effort as far as developing a subdivision plan, survey, driveway permit, test pits and septic design. It was stated that a review was done that indicates this is reasonable site. Ms. Bonser feels a driveway permit should be obtained up front. Much discussion followed.
Motion: Bonser, second to pursue efforts for a survey and necessary requirements for possible development on this new proposed Fire Department site.
Vote: 3-0 in favor.
10:00 PM Motion: Netishen, second Bock to enter into non-public session per RSA 91-A:3II (a) and (d).
Vote: 3-0 in favor.
Motion: Netishen, second Bonser to keep all discussion in non-public session non-public.
Vote: 3-0 in favor.
10:32 pm Having no further business before the Board,
Motion: Bonser, second Netishen to adjourn.
Vote: 3-0 in favor.
Respectfully Submitted,
Charles A. Brown
Town Administrator
Approved as edited
1/9/06
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