Minutes
Selectmen’s Meeting
September 18, 2006
6:30 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: Elaine Schmottlach, Jon Caron, Carrie Caron, Nate Caron, Ben Caron and Gregory Caron.
Regarding department business, Mr. Brown reported that there were no current department issues to discuss. All Board members spoke of what a great success Nottingham Day was and congratulated the Recreation Department on a job well done.
Mr. Brown then brought a letter to the Board’s attention that the office received from a citizen regarding the recycling in general and the policy that had just been adopted. Mr. Brown went on to say that he will answer the letter but he wanted to address several issues. First, the recycling policy is a work in progress. Not everything can or will be addressed immediately. Now that the basic policy is in place, as things come up they will be addressed. Mr. Bock stated that educating the citizens on the importance of recycling is also an ongoing process. The Board is trying to make the recycling process as easy as they can for everyone. Recycling benefits everyone. Mr. Bock believes that all the Board members should get involved by spending some time at the Recycling Center. Mr. Brown stated that he would get the
flyers out around Town as soon as he could. The transparent bag issue came up again. There will be bags on display at the recycling center so people can see what bags are acceptable and which ones are not. Mr. Brown thanked the individual for writing the letter.
Regarding the outstanding minutes of September 5, 2006,
Mr. Bock wanted to emphasize that recycling stickers are required for all individuals that use the recycling center whether they actually bring their material to the center or someone does it for them (commercial enterprise).
Motion: Netishen, second Bock to accept as printed the minutes of September 5, 2006.
Vote: 3-0 in favor.
Ms. Bonser brought up the issue of changing the polling hours. The School Board is under the impression that the Board of Selectmen can change the polling hours for the state & federal elections without the process that is outlined in RSA 659:4. The statute is very specific about the way in which polling hours can be changed for state/federal elections. The change must be voted on at Town Meeting then a request is made to the Secretary of State to put the question on the next general election ballot. Some discussion followed. Mr. Brown will contact the Secretary of State’s office to confirm the procedure and also look into the procedure to change the voting hours for the Town elections. Ms. Schmottlach stepped forward to address the Board. She asked the Board why they were looking in to changing the polling
hours. Ms. Bonser explained that the School Board had requested the change based on input from citizens that were unable to get to the polls because of their work schedule. Ms. Schmottlach explained to the Board that there must be ballot clerks at the polls 1 hour before opening. It is very hard to get ballot clerks that will show up for a 7:00AM (8:00AM opening) start and she believes it will be next to impossible to get anyone to show up at 6:00AM (7:00AM opening). If someone is unable to vote due to their work schedule, they can request an absentee ballot. She urged the Board to leave the hours that the polls are open as they are.
Mr. Bock mentioned the Triple E threat in the area and the Board members agreed that they should present another warrant article at Town Meeting regarding mosquito testing/spraying.
Mr. Brown informed the Board that Fire/Rescue Department will be doing an extrication training exercise on Saturday, September 23, 2006 at the Town Pit from 9:00AM until at least noon.
The state GRANIT system operated by NHDOT was next to be discussed. Mr. Brown had received e-mail correspondence from a citizen who works for DRA in regard to incorrect information on the GRANIT map of Nottingham. Mr. Brown went to the GRANIT website and discovered many errors on the map. DOT has mailed a map to the office so corrections and updates can be made and the map can be updated on the system.
7:00PM Ms. Bonser opened the public hearing for adoption of the new Zoning Board fees. She stated that the proposed fees were as follows: application fee of $ 100.00, abutter notification fee of $8.00/abutter and the public hearing notice fee of $ 60.00. Mr. Brown stated that the current fees were not covering the cost of advertising the hearings in most cases. The Planner had recommended an application fee of $150.00 but after discussion with the Zoning Board Chairman, the fee was set at $ 100.00. A brief discussion followed about abutter notification. Having no public comment,
Motion: Bock, second Netishen to accept the new Zoning Board fees as printed.
Vote: 3-0 in favor.
7:07 PM Ms. Bonser closed the public hearing.
Next item on the agenda was the 2005 Audit. Mr. Brown reviewed the Management Discussion & Analysis. Mr. Brown found some typos, which have been corrected by Mr. Roberge. The bookkeeper has not had a chance to review the audit. Mr. Netishen stated he had reviewed the audit and it was a typical report and an unqualified opinion. The unqualified opinion is the preferred opinion and that is a result of now doing the fixed assets as part of our accounting. This audit will serve the Town well as far as borrowing money goes in 2007 & 2008. After some discussion,
Motion: Bonser, second Bock to authorize the Town Administrator, the Bookkeeper, & the Chairman of the Board of Selectmen to sign the 2005 Audit Management Discussion & Analysis.
Vote: 3-0 in favor.
Mr. Bock updated the Board on the building committee’s progress on the fire station project. The project is moving forward. The committee has no hard numbers as yet. Most of the surveying has been completed and Mark West has completed his wetlands work as well. The committee will be making a presentation to the Budget Committee as well as the Planning Board when the numbers & plans have been finalized. It is the committee’s intent to have a warrant article for next year for funding the new building.
The Board signed the Intent to Cut for Map 53 Lot 20 (taxes are current).
Mr. Brown informed the Board that he had received an e-mail from Tom Dunn (LGC) thanking the Board for the opportunity to speak with them at their last meeting. He stated that the notice for the Town Report contest was due to be sent soon. He spoke with Linda Pandolfi and Scott Weeden in regard to the communication issue between the Board and departments. Mr. Weeden, former Police Chief and Fire Chief in the town of Ashland, would attend Selectmen meetings regularly and provide updates in regard to expenditures, numbers of calls and any other information that he thought the Board would want to know. Ms. Pandolfi stated in her experience the department heads met with the Board at a minimum of once a month. Mr. Dunn also mentioned that LGC would be having a training session for Emergency Management dealing with the human
factor on emergency preparedness. Mr. Netishen brought up the Municipal Volunteer Award announcement that he received in the mail.
Mr. Bock brought up the issue of the POD meetings and the extraordinary amount of time the whole process takes up. There was some discussion about the timeframe in which the project would be completed. Much discussion followed about how to try and lessen the burden on the Board members. Some of the items discussed were that the Emergency Management Director continue to attend the meetings and give the Board updates at their regular meetings, attendance at the meetings be split between the Board members and lastly attendance of Nottingham emergency personnel since some of the meetings were now held in Nottingham.
7:30PM Jon & Carrie Caron stepped forward with the final draft of a boundary line agreement between the Carons and the Town. This agreement clearly defines the bounds of the cemetery in relationship to the Caron property. Mr. Brown reported that he had spoken with the cemetery trustees and they were pleased that these two lines were being defined. Mr. Bock asked what the setbacks for building were for cemeteries. Mr. Caron stated that the setback was 20 feet for the cemetery but the Town setback was more restrictive at 50 feet and that was the setback that had to be observed.
Motion: Netishen, second Bock to approve and sign the boundary line agreement between the Town of Nottingham and Jon & Carrie Caron.
Vote: 3-0 in favor.
The three Board members and the Carons signed the 2 original documents. Ms. Seaverns witnessed the signatures and Mr. Brown notarized the documents. Mr. Caron stated that he would record the document at the Registry of Deeds. The Carons left at 7:38PM.
Next item to be discussed was open enforcement issues. Mr. Brown has had no more communication with Mr. Sweet. There was brief discussion regarding the recent Supreme Court decision about unregistered vehicles on a property and whether or not it applied in Mr. Sweet’s case. The decision indicated that the vehicles only needed to be registered not inspected to conform to regulations. It was general consensus that it really didn’t apply to Mr. Sweet. Much more discussion followed about what ordinance applies to the existing cease & desist order. Mr. Sweet has indicated he will not submit any further information. Mr. Brown believes that the Town should come up with a draft agreement for Mr. Sweet to review and comment on if the Board wants to move this process along. Ms. Schmottlach stepped forward to address
the Board on enforcement issues. She believes that the Board should act on a violation as soon as they observe it and they should not wait for a written complaint. She reminded the Board that fines can be imposed once the property owner receives notification of the violation. Mr. Bock stated that
the Board is trying to get maximum results with minimum aggravation to all parties involved. He reminded Ms. Schmottlach that immediate results are not always possible. He further stated that the Board is examining the whole process of enforcement and how to make it work more efficiently. Mr. Brown stated that without a written complaint nothing can be done. If the staff had to act on every verbal complaint that came into the office, there would not be any time to do anything else. Ms. Schmottlach stated that if the townspeople pass an ordinance it is the Board’s job to enforce that ordinance and insist on compliance until the ordinance is changed by vote. She went on to state that she believes there is no place for compromise in enforcement issues. Ms. Schmottlach reported to the Board that she had contacted Doug
DePorter at NHDOT Division 6 in regard to Cool Cravings signage. Mr. DePorter informed her that the more restrictive rules apply
to signage on a state highway. She stated that the town ordinances were more restrictive therefore Cool Cravings is in violation. She informed the Board that the lighting for the sign is pointed upward and the lights are on after hours as well as the fact that there are off premise signs for the business. Ms. Bonser reminded Ms. Schmottlach that all the public sees are the instances where there is a problem, and there are many issues that can be cleared up with a simple letter. None of the Board members want to go driving around Town looking for violations. More discussion followed about enforcement procedures. Ms. Schmottlach returned the conversation to Cool Cravings and highlighted how this had been going on for a long time. Mr. Netishen stated the Board had received verbal assurances that the owner would be in
compliance. It was suggested that a certified letter be sent to the business owner before the season starts next year to remind him he must be in compliance with the ordinances. The Board thanked Ms. Schmottlach for her input and Ms. Schmottlach left.
8:15 PM Motion: Bock, second Netishen to enter non-public session under RSA 91A: 3 II (a) and (e).
Vote: 3-0 in favor.
9:35 PM Motion: Netishen, second Bock to come out of non-public session.
Vote: 3-0 in favor.
9:35 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,
9:36 PM Motion: Netishen, second Bock to adjourn.
Vote: 3-0 in favor.
Respectfully Submitted,
Heidi Seaverns
Approved as printed
10/02/06
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