Minutes
Selectmen’s Meeting
September 5, 2006
6:32 PM Chair Bonser opened the meeting and asked all those present to stand for the Pledge of Allegiance.
Members: Mary Bonser, Peter Bock, Bill Netishen, Town Administrator Charles Brown and Heidi Seaverns.
Guests: Tom Dunn-Local Government Center, Cliff Bullock, Rhoda Capron, Paul Colby, Gene Reed, and Mario & Dina Deluca.
Rhoda Capron stepped forward to address the Board. She informed the Board that the Friends of the Library & the Trustees would like to put up a sign for the library. She went on to explain that the library sits back from the road and can be difficult to see. The sign will identify the library and also have an open sign that will clip to the bottom of the sign when the library is open. They would like to put up a 30” x 30” 2-sided sign that would hang from an iron bracket from a pressure treated post. Ms. Capron passed around a couple different mock-ups of the sign with final font to be determined after the Board gave their approval. Ms. Capron stated there would be no cost to the Town. The sign will be paid for from the monies raised by the Friends of the Library. The Board members agreed the sign was a
good idea and asked that the Building Inspector be consulted on the placement of the sign so as not to interfere with the sight distance when exiting the driveway.
Mr. Bock took the opportunity to thank Ms. Capron for all the work she and the newsletter staff have done on the newsletter.
Tom Dunn from the Local Government Center (LGC) stepped forward to address the Board. He explained that representatives from LGC try to attend Board meetings of their members once in a while to give them an update on programs that they offer to members. Mr. Dunn then gave a brief synopsis of all the programs that LGC offers to their members. The LGC is a non-profit member driven risk pool. They offer many training opportunities-law lecture series, loss prevention, risk management and safety issues to name a few. Mr. Bock asked how other towns handled dissemination of information from department heads, whether they report directly to the Selectmen or go through the Town Administrator. Mr. Dunn said that he had no knowledge of what other towns do in this case but he would make some inquiries of the staff and get back to the
Board. A brief discussion about the communication issues many towns had during the May floods. Mr. Dunn gave a brief history of the LGC reorganization that was done in 2003 to better serve the members. He informed the Board that there was a safety committee meeting coming up this month. Mr. Colby stated that 2 members from the Nottingham Safety Committee would be attending that meeting. Mr. Dunn reminded the Board that the annual LGC conference would be held on November 15-17 in Manchester. He also reminded that LGC develops programs based on member needs so if an issue comes up to let them know. Mr. Netishen then asked about the Town Report contest that LGC has and what the timeline and guidelines were for the contest. Mr. Dunn stated he would forward all information to Mr. Brown. Mr. Dunn thanked the Board for their time and left the meeting at 7:00 PM.
7:00PM Ms. Bonser opened the public hearing for adoption of the recycling policy per
RSA 31:39. She read the public hearing notice and then asked for any public comment. Gene Reed stepped forward to address the Board. He stated he ran a commercial enterprise picking up trash from approximately 20 households in his neighborhood. He stated that he does receive payment for this service so his concern is with the effect that the commercial policy within the document will have on his business. He went on state that he does not examine the bags that he picks up to insure that the individuals are recycling but he does sort the recyclables as he picks them up. He believes he should be exempt from the commercial status because he only transports refuse from Nottingham residents. A lengthy discussion followed about how anyone would verify that the material Mr. Reed or anyone else transported was only from
Nottingham. Cliff Bullock, who is a Nottingham Recycling Center employee, stated he knows of about 6 of these enterprises in Town that use the Recycling Center. Mr. Reed then presented the Board with an application for exemption for his business that he had prepared. Mr. Bock expressed his reluctance to give anyone an exemption from the rules. After much discussion,
Motion: Bonser, second Bock to amend the commercial portion of the recycling policy to read: Trash from any commercial enterprise and recyclable items will be considered for acceptance on a case by case basis after written request to the Recycling Supervisor and the office of the Board of Selectmen.
Vote: 3-0 in favor.
Discussion continued about transparent bags, what would be required of a commercial entity using the Recycling Center, availability of composting bins and the pros and cons of a pay per bag system. Mr. Bock suggested that a display be done at Nottingham Day indicating what bags are acceptable and which ones are not. It was suggested that people be informed of the cost to the Town if for example someone throws a propane tank in the metal bin ($100). If people were aware of the additional costs, perhaps they would think before they act. The ultimate goal is to get people to recycle.
Motion: Netishen, second Bock to adopt the amended Recycling Policy.
Vote: 3-0 in favor.
7:45 PM Ms. Bonser closed the public hearing for the Recycling Policy and opened the public hearing for the fees. After a very short discussion and hearing no changes:
Motion: Netishen, second Bock to approve Recycling Center fee schedule as published.
Vote: 3-0 in favor.
7:46 PM Ms. Bonser closed the public hearing.
Paul Colby stepped forward to address the Board in regard to the Code Enforcement issue. He reported that he & Mr. Brown have been discussing the idea of combining the Building Inspector with Code Enforcement. He stated that many towns in NH combine the Building Inspector, Code Enforcement and the Health Officer. Since Nottingham has a very qualified Health Officer, he does not see a need to include theses duties along with those of code enforcement. Both he & Mr. Brown believe having the Building Inspector handle the enforcement duties will make the process more efficient. Ms. Bonser strongly disagreed with that viewpoint stating that Code Enforcement should not be combined with the Building Inspector responsibilities. Much discussion followed about the process as it exists now and what would happen if this were
adopted. Both Mr. Bock & Mr. Netishen emphasized that this position would not be one where the individual would be out driving around looking for violations. A written, signed complaint will still be required before anything is done. Ms. Bonser thought the Board should focus on improving communication with the department heads and leave the enforcement issue alone. She believes it is working well the way it is set up now. Mr. Colby stated that the only thing that would change is that once the complaint was received, he would go out and investigate. He would then report to the Board with recommended solutions to the problem. Life safety and health issues would be dealt with immediately. Mr. Colby further stated that this would add another level of appeal for the citizens. If someone disagreed with his decision, they could appeal to the Board of Selectmen before going to Superior Court. The way code enforcement is handled now, if someone is dissatisfied, the only avenue of appeal
is court. Mr. Colby said he did not expect a decision on this matter tonight, but he hopes whatever decision is made is based on professional judgment not personal experience. Mr. Netishen reminded the board members that the previous Board had attempted to address this issue a few years ago and at that time promised to re-visit it again. He went on to say that this has not happened until now and perhaps this is a good time to revisit it. A brief discussion followed about the increasing incidence of positive Triple E mosquito pools and infected birds in the surrounding towns. Ms. Bonser brought up the article in the most recent Town & City magazine regarding a recent court decision involving junkyards. She stated that all an individual had to do to be in compliance was to register their vehicles. Mr. Bock brought the conversation back to Mr. Colby by thanking him, on behalf of the Board, for all the work he has done and stated that the Board is very satisfied with his work. Mr.
Colby thanked the Board for their time and left at 8:16PM.
Ms. Bonser recognized Mr. & Mrs. Deluca. Mr. Deluca said he & his wife were there to discuss their voting status. Ms. Bonser apologized for not asking them sooner what their business was with the Board, but the Supervisors of the Checklist handle voting issues. Mr. Deluca stated they had received a letter regarding their voting status in Nottingham. Mr. Brown will check into the matter and get back to Mr. Deluca. The Delucas thanked the Board and left.
Regarding department business,
Mr. Brown reported to the Board that the Road Agent is pleased with the progress of the Gebig Road construction project. The construction company that is going to replace the Freeman Hall Bridge is waiting for the Army Corp of Engineers approval. Once that is received, the project will start. The Recreation Director has hired an individual to clean up the gardens around the Community Center. Mr. Bock stated he had asked Ms. Horvath to give the Board some feedback in regard to the success of the programs. The Board received a memo indicating that the programs were very successful however the space that the department has to run the programs is rapidly becoming too small. Much discussion followed about space needs for the programs and how best to plan for the future and also how to best utilize the space we have now. Mr.
Bock stated that up to now, the Recreation programs have relied to some extent on the generosity of volunteers to bridge the gap for funding but he wonders how long government can run on generosity.
Mr. Bock reminded the Board members that he has volunteered them for duty on Nottingham Day. He indicated there would be space available for the Building Committee to display information on the proposed Fire Station as well as space for information on recycling & the Recycling Center.
Next item on the agenda to be discussed were the Fuel Bids. Mr. Brown informed the Board that bids were received from three companies and that the bids had been opened on August 31, 2006. The bids are as follows:
Buxton Oil #2 heating $ 2.499/gallon fixed price
Off road diesel $ 2.619/gallon fixed price
Nottingham Fuels #2 heating $ 2.499/gallon capped price or Rack price plus $0.15/gallon
Off road diesel Rack price plus $0.15/gallon
Irving Oil #2 heating $ 2.5356/gallon fixed price
Off road diesel Rack price plus $0.21/gallon
Motion: Bock, second Netishen to accept bids from Nottingham Fuels for the coming year for both # 2 heating oil and off road diesel fuel.
Vote: 3-0 in favor.
Mr. Brown informed the Board that Irving Oil will continue to supply propane at $ 1.89/gallon and Difeo will continue to supply gasoline.
Motion: Bonser, second Netishen to allow Tax Collector to extend the lien date to September 10, 2006.
Vote: 3-0 in favor.
Motion: Bonser, second Bock authorizing Mr. Brown to sign the letter informing the Tax Collector that the Board voted to extend the lien date.
Vote: 3-0 in favor.
Mr. Brown informed the Board that the Town has received notification from Corcoran Environmental that the fuel surcharge per haul will be increasing to $ 13.50. This is a smaller increase that last one, which was a doubling in rate ($5.00 to $10.00).
Next to be discussed was the change of hours for the election. Mr. Brown told the Board there is a specific process the Town must go through to change the hours that the polls are open. It must first be voted on at Town Meeting, then the State is asked to put it on the next State general election ballot. Mr. Brown has informed the SAU and the School Board that the hours will remain the same for the November Election.
The Board took a short break at 8:50PM. The Board resumed the meeting at 8:52 PM.
Next the Board reviewed the Budget Guidelines that Mr. Brown had prepared as well as a draft timeline for the budget season. Mr. Netishen requested that a sample performance appraisal form be included with the budget package. At present, the COLA rate for 2006 is 4%. The mileage rate used by the Town is typically the rate set by IRS, and there has been no revised rate as of yet. Mr. Brown will distribute the budget packages to the department heads on Wednesday and budgets will be due on September 28th.
Mr. Brown informed the Board that he had spoken with Jeff Blaney of the Dam Bureau in regard to the “A” classification of the Nottingham Lake Dam. According to Mr. Blaney, the Nottingham Lake Dam is classified correctly as a class “A” dam. The Bureau inspects the dams every 6 years. There was a brief discussion about the fact that the dam owner has ultimate control over the level of the lake. Mr. Blaney has had conversations with 2 or 3 property owners on Nottingham Lake informing them of this fact. Mr. Brown reported that he had addressed the communication issue in case of emergency with Mr. Blaney. A short discussion followed about the fill placed on the dam by the Town during the May floods and whether the Town should contact the dam owner about the removal of it.
The Board next addressed the items in the signature file,
The Board signed the salary sheet for the person hired to do gardening around the Community Center.
Motion: Bock, second Netishen to approve Land Use Change Tax (LUCT) for Map 3 Lot 4-2-1.
Vote: 3-0 in favor.
Motion: Bock, second Netishen to approve Land Use Change Tax (LUCT) for Map 3 Lot 4-2.
Vote: 3-0 in favor.
Motion: Bock, second Netishen to sign the Intent to Excavate for Map 11 Lot 3.
Vote: 3-0 in favor.
Motion: Bock, second Netishen to sign the Intent to Cut for Map 17 Lot 6-9.
Vote: 3-0 in favor.
Regarding the outstanding minutes of August 21, 2006,
Motion: Netishen, second Bock to accept as corrected the minutes of August 21, 2006.
Vote: 3-0 in favor.
The old Police Department building has been demolished and the site still needs some landscaping, which will be done when the road projects are finished. Mr. Brown reported that the office had received an unsigned complaint and reminded the Board that anonymous complaints are not acted on. Ms. Bonser gave the members a copy of 2005 Tax rates for towns in the area and informed them that Nottingham has one of the lowest rates. Mr. Bock mentioned that Ms. Horvath is looking for volunteers for Nottingham Day. Mr. Brown told the Board that the public hearing for the new ZBA fees would be scheduled for the next Selectmen’s meeting. There has been a request from a Stevens Hill Road resident to advertise a roadside clean up of Stevens Hill Road on the cable channel. The Board members agreed to put the announcement on
channel 22 as long as there was a disclaimer on it.
Mr. Brown reminded the Board that the BTLA hearing on the petition for reassessment will be held on September 18, 2006 at 9:00AM. Mr. Brown and Ms. Seaverns will be attending the hearing. After some discussion, Ms. Bonser stated she will attend as well.
Ms. Bonser made an announcement that the State primary election will be held on Tuesday September 12, 2006. Polls will be open from 8:00AM-7:00PM.
Ms. Bonser informed the Board that she had been invited to attend the Legislative Policy Meeting at LGC on September 29, 2006 but she would be unable to attend. Both Mr. Bock & Mr. Netishen will review the information and check their schedules to see if one of them will be able to attend. Nottingham is allowed to have one voting representative at the meeting.
9:29 PM Motion: Bock, second Netishen to enter non-public session under RSA 91A: 3 II (a) and (c).
Vote: 3-0 in favor.
10:24 PM Motion: Netishen, second Bock to come out of non-public session.
Vote: 3-0 in favor.
10:24 PM Motion: Netishen, second Bock to keep all discussions in non-public session non-public.
Vote: 3-0 in favor.
Having no further business before the Board,
10:26 PM Motion: Bock, second Netishen to adjourn.
Vote: 3-0 in favor.
Respectfully Submitted,
Heidi Seaverns
Approved as printed
9/18/06
| 
