Minutes
Selectmen’s Meeting
April 17, 2006
6:32 PM Chair Bonser opened the meeting and asked all those present to stand for the Pledge of Allegiance.
Members: Mary Bonser, Bill Netishen, Peter Bock and Town Administrator Charles A. Brown.
Guests: Tom Sweeney, Joe Welch, Charles Reid, Nelson E. Smith, Sr., John Dasky and a number of other individuals that observed the meeting but did not speak on any issue.
The Board reviewed departmental issues. Mr. Brown read the bids for paving/reclaiming for the Highway department that were opened this morning by himself and the Road Agent John T. Fernald, Jr.
Pike Industries $50.10 per ton Hot Top
.84 per sq. yd. Reclaiming
Continental Paving $51.00 per ton Hot Top
1.00 per sq. yd. Reclaiming
Brox Industries $49.38 per ton Hot Top
1.48 per sq. yd. Reclaiming
All States Asphalt, Inc. .80 per sq. yd. Reclaiming
Mr. Brown stated that the Road Agent has recommended award of the paving to Brox Industries and the reclaiming to All States Asphalt, Inc.
Motion: Netishen, second Bock to accept the Road Agent’s recommendation to award the contract for paving to Brox Industries at $49.38 per ton and to award the contract for reclaiming to All States Asphalt, Inc. at $.80 per sq. yd.
Vote: 3-0 in favor.
Mr. Brown informed the Board that these prices for paving are $10-$12 per ton higher than expected. We did not budget for an increase this high. It was asked what impact the increased costs will have on the plans for this year’s road reconstruction projects. Mr. Brown answered that he has not made any calculations at this time.
Next, the Chairman of the Building Committee Tom Sweeney addressed the Board concerning the Fire Department building project. The committee recommends hiring Ricci Construction of Portsmouth to create the design/build plans. $15,000-20,000 will enable the development of these building and foundation plans. The Fire Chief was asked to provide personnel to work with the contractor. A representative from the Board should also work with them. Mr. Bock followed up on these points. This will provide a greater extent of understanding and communication among all parties.
Motion: Netishen, second Bock to approve up to $20,000 to begin the design/build process.
Vote: 3-0 in favor.
The Board reviewed minutes of previous meetings.
Motion: Bock, second Bonser to approve as amended the minutes of April 3, 2006.
Vote: 2 in favor, 1 abstain (Netishen). Motion passed.
Motion: Netishen, second Bock to accept as written the non-public minutes of April 3, 2006.
Vote: 3-0 in favor.
Mr. Brown informed the Board of the Road Agents request to begin road reclaiming on an advanced schedule, the Board agreed to this request. Mr. Netishen suggested signs indicating the bridge closure date be posted well in advance. Also to post signs in positions that warn drivers before they get all the way to the closed bridge. This will give users of the Fundy area notice to plan around the road closure. Mr. Brown will also check into placing a sign in Deerfield in the Deerfield Parade area.
7:00 PM Joe Welch of the Nottingham Day Committee gave a presentation to the Board. Mr. Welch asked to present four questions to the Board. All of which he would like answered after his presentation.
#1 Nottingham Day is scheduled for September 16th, 2006, with a rain-date of September 17th ?
#2 May the event be held at the Community Center?
#3 The committee would like to solicit help from the Recreation, Police, Highway and Fire/Rescue departments?
#4 They would also appreciate input from the Board of Selectmen?
The goal this year is to involve the whole community. The budget is $6,636 and they wish to spend it all. They spent $6,148 last year and made $2,300 profit last year. The committee hopes to increase attendance this year. The committee has 13 members and advertising is a primary focus. The committee just received a grant for $800.00 from the New Hampshire Charitable Foundation for a town mailing advertising the event. There will be postcards, advertisements in local papers, in Yankee Magazine, on the website and on the cable channel. Mr. Welch asked the Board to mention the September 16th date during the Board meetings. Mr. Bock mentioned that this fits into our rural community lifestyle. There are opportunities for the town to showcase things to the public such as the
Economic Development Committee, the new grader and other equipment. The date is not a conflict with the Lee Fair this year. The time of the event is from 10:00 AM-4:00 PM. The chicken barbecue will be from 4-6 PM. The parking for vendors will be on the field. The public parking needs to be worked out with the police and fire/rescue departments as it will be on the side of the Route 152, at the highway garage and at the library. There is a safe area on the field where there is no vehicle traffic. The cost for vendor space is $15.00 before July 1 and $25.00 after July 1. Any group with an information only booth will not be charged. There will be no admission fee for the public to attend. The committee plans to hold a raffle for a mountain bike, a free raffle for all those in attendance, a climbing wall, a bouncy house for kids, a petting zoo, musical entertainment all day, games, a road race, booths for local artists and
businesses, maybe a food court, demonstrations, a farrier and an archery booth. Other additional ideas will be added between now and Nottingham Day. Mr. Welch provided a draft layout of the filed. This may be changed after review with the police and fire/rescue departments. The next meeting of the committee is on May 1, 2006 at the library at 6:45 PM. Mr. Bock feels this presentation was very good and this should also be shared with the vendors.
Mr. Welch asked the Board if September 16th or 17th was acceptable the Board for this event.
The answer was yes. Mr. Netishen stated last year the event was fine but the tent should be moved away from the bandstand. He felt participation could be better for the chicken barbecue, maybe the committee should look at the time frame. Mr. Welch stated this year they will pre-sell barbecue tickets. The auction is a good draw but they cannot find anyone to organize it this year. The Board agreed that the committee could hold the event at the Community Center. They also approved the committee soliciting help from the town departments and that they would provide input for the committee as the plans are developed and the day draws closer.
7:31 PM Mr. Welch concluded.
7:31 PM Ms. Bonser recognized Charles Reid who spoke to the Board about activity at 91 McCrillis Road. Ms. Bonser recused herself as she is an abutter. Mr. Reid feels that conditions were placed on Mr. Smith by the Zoning Board of Adjustment and these conditions have not been complied with. Mr. Smith started before April 1, 2006. Mr. Reid feels Mr. Smith is doing more work than in the past. Also, Mr. Smith has people working with him. He had pictures taken last summer and fall. Mr. Reid feels dirt cannot be brought on to the property. Mr. Netishen asked for the ZBA decision. He also asked for dates that Mr. Smith was operating and allegedly violating the ZBA conditions. Mr. Reid did not have dates. Mr. Reid felt Mr. Smith’s statements to the ZBA
contributed to their decision. Mr. Netishen asked why it would be a violation if Mr. Smith was working on his own property to improve it. That is not the same as working for customers. Mr. Bock spoke regarding the ZBA process and how Mr. Smith performed most of his work offsite. The activity at 91 McCrillis Road did not entail work for customers for the most part, except for loam screening. Mr. Reid asked why Mr. Smith is now doing all this work on his property. Mr. Netishen asked Mr. Smith to comment on Mr. Reid’s allegations.
Mr. Smith stated he has been using his equipment to do work on his property. It has nothing to do with any customer or paid job. He may create an area to farm. Mr. Smith stated he works elsewhere offsite on jobs and will only screen loam for 2-3 days a year at 91 McCrillis Road. He has no new equipment on his property. Mr. Smith believes the other neighbors are sick of this issue being continually brought up. Mr. Bock asked Ms. Bonser for information on any noise levels. She said she has no information. Mr. Smith stated all his equipment is registered and meets state regulations. He uses a loader to work on his property and to move materials. Mr. Smith says he has adhered to the conditions set by the ZBA. Mr. Smith has friends and relative that help him on
occasion when screening loam. Mr. Bock asked about the screening process. Mr. Smith stated he has not brought any new material for the loam process onto his property since the ZBA set the conditions. He feels Mr. Reid and others should address any complaints when they occur, not weeks or months later.
Mr. Netishen asked Mr. Reid for further comment.
Mr. Reid stated last fall Mr. Smith brought material in and screened it. He then took the dirt away. Mr. Reid continued by stating Mr. Smith has done test pits and worked on his septic system. Mr. Reid also stated Mr. Smith is stock piling lumber and plans to build and additional home. Mr. Netishen feels Mr. Reid is getting into non-current issues by bringing up old issues not germane to the violation of ZBA conditions. Mr. Bock asked if Mr. Reid could submit additional information.
Mr. Netishen feels the board should not address old issues tonight. He said they will consider the latest pending complaint.
Mr. Smith stated he could not have been operating during some of the time Mr. Reid stated because he was incapacitated for a period of time after hip surgery.
Mr. Bock hopes to see validated times and dates of the incidents.
8:10 PM The discussion concerning 91 McCrillis Road ended.
Ms. Bonser returned to the table.
Mr. Brown recommended appointing Ms. Wanda Mitchell as Nottingham’s representative to the Rochester District Visiting Nurse Association. She is presently on the Board of Directors as an at large member. Now that Ms. Mitchell is a Nottingham resident it would be reasonable for her to assume the position of the Town’s representative.
Motion: Netishen, second Bock to appoint Wanda Mitchell as Nottingham’s representative to the Rochester District Visiting Nurse Association.
Vote: 3-0 in favor.
John Daskey asked about the possible tax sale of Town owned property. Mr. Brown stated that his letter to Mr. Daskey indicated he would contact Mr. Daskey if the Board approves having a sale of Town property.
A letter was received from the Society for the Protection of NH Forests asking if the Board knew of any solid or hazardous waste on the Mulligan Forest property. The Board signed the response stating they are not aware of any such issues with the property.
The Board then reviewed several Intent to Cut applications. The taxes were current and all the Intents were signed for Map 52 Lot 4-2, Map 42 Lot 18 and Map 29 Lot 8.
The Board considered a Gravel Tax Levy for Map 69 Lot 8 and for Map 10 Lot 12.
Motion: Netishen, second Bock to approve the gravel tax levy for both properties.
Vote: 3-0 in favor.
The Board considered a Timber Tax Levy for several properties:
Map 5 Lot 1-2 & 2-1,
Map 29 Lot 8,
Map 34 Lot 1,
Map 54 Lot 1,
Map 66 Lot 1
Motion: Netishen, second Bock to approve the timber tax levy for all the properties.
Vote: 3-0 in favor.
The Board considered Land Use Change Tax for five properties.
Motion: Bock, second Netishen to approve the LUCT for Map 66 Lot 1-1.
Vote: 3-0 in favor.
Motion: Bock, second Netishen to approve the LUCT for Map 51 Lot 3-2.
Vote: 3-0 in favor.
Motion: Bock, second Netishen to approve the LUCT for Map 66 Lot 1-2.
Vote: 3-0 in favor.
Motion: Bock, second Netishen to approve the LUCT for Map 8 Lot 7-1.
Vote: 3-0 in favor.
Motion: Bock, second Netishen to approve the LUCT for Map 64 Lot 1-1.
Vote: 3-0 in favor.
After review of the documentation presented, the Board then considered abatement requests for twelve properties.
Motion: Bonser, second Bock to approve the abatement for Map 23, Lot 10-22 based on review and Avitar’s recommendation.
Vote: 3-0 in favor.
Motion: Netishen, second Bock to approve the abatement for Map 68, Lot 91 based on review and Avitar’s recommendation.
Vote: 3-0 in favor.
Motion: Bonser, second Bock to approve the abatement for Map 39, Lot 13-6 based on review and Avitar’s recommendation.
Vote: 3-0 in favor.
Motion: Bonser, second Netishen to approve the abatement for Map 70, Lot 26 based on review and Avitar’s recommendation.
Vote: 3-0 in favor.
Motion: Netishen, second Bock to approve the abatement on Map 14, Lot 15 based on review and Avitar’s recommendation.
Vote: 3-0 in favor.
Motion: Netishen, second Bock to approve the abatement on Map 14, Lot 16 based on review and Avitar’s recommendation.
Vote: 3-0 in favor.
Motion: Bock, second Netishen to deny the abatement for Map 42, Lot 19-18 based on review and Avitar’s recommendation.
Vote: 3-0 in favor.
Motion: Netishen, second Bock to deny the abatement for Map 1, Lot 98 based on review and Avitar’s recommendation.
Vote: 3-0 in favor.
Motion: Bock, second Netishen to deny the abatement for Map 40, Lot 6-6 based on review and Avitar’s recommendation.
Vote: 3-0 in favor.
Motion: Bock, second Bonser to deny the abatement for Map 71, Lot 73 based on review and Avitar’s recommendation.
Vote: 2-0 in favor. (1 recused, Netishen)
Motion: Netishen, second bock to deny the abatement for Map 1, Lot 15 based on review and Avitar’s recommendation.
Vote: 3-0 in favor.
Motion: Netishen, second Bock to deny appeal of LUCT #05-61 for Map 18, Lot 7 based on review and Avitar’s recommendation.
Vote: 3-0 in favor.
Mr. Brown will research possible tax sale properties.
Mr. Netishen asked about the sign issue concerning a new business on Route 4. The Board took no action. The Planning board may take up the issue regarding site plan review.
Mr. Brown will respond to the Planning board letter asking for information on water users from Normandeau Associates.
Mr. Brown spoke next about the dam at Nottingham Lake. There have been a number of inquiries. Mr. Brown explained the dam is privately owned and the Town has no authority in regard to the dam. The owner has lowered the water level in order to repair the dam.
Mr. Bock asked about the dugouts that were constructed by the Nottingham Youth Association over the weekend. Mr. Brown will check with the Building Inspector.
9:10 PM Motion: Netishen, second Bock to enter into non-public session per RSA 91A: 3II (c).
Vote: 3-0 in favor.
9:30 PM Motion: Netishen, second Bock to keep all discussion in non-public session non-public.
Vote: 3-0 in favor.
9:42 PM Motion: Netishen, second Bock to adjourn.
Vote: 3-0 in favor.
Respectfully Submitted,
Charles A. Brown
Town Administrator
Approved as corrected
5/1/06
| 
