Minutes
Selectmen’s Meeting
October 2, 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: Paul Colby, Joe Welch, Janet Horvath, Hal Rafter, Mike Russo and Jim Hadley.
Regarding department business, Mr. Brown reported that there were no new department issues to discuss. He stated he had received most of the major department budgets and budgets from the moderator, supervisors of the checklist, conservation commission and the library had not been submitted as yet. This delay is not out of the ordinary. He has received some numbers from the Planning Board but they will require some discussion with the Board before they are final. The Board has scheduled a budget workshop on October 17, 2006 at 8:00AM and also has tentative meetings with department heads on October 23rd and 24th, 2006 in the mornings. Mr. Brown will know better by the end of this week when the budget will be ready for the Board to review.
Next to be discussed was the withdrawal authorization for the bank in regard to the Freeman Hall Bridge project loan. The treasurer has stated that she would like to receive the funds through an ACH transfer, as there is no fee associated with this type of transfer. The information needs to be at the bank before 2:00PM for a next day transfer.
Motion: Netishen, second Bock to authorize Charles Brown to sign the withdrawal authorizations for loan # 904079263 for the Freeman Hall Bridge project.
Vote: 3-0 in favor.
Mr. Brown stated money for the project would be withdrawn as needed for payment of invoices rather than a lump sum withdrawal.
Mr. Bock asked what the balance was in the Capital Reserve fund for the new Fire Station. Ms. Carlson had provided to the Board an accounting of expenditures and deposits for the fund for 2006 that shows a balance of $ 60,537.99 in the account (as of 9/28/06).
Mr. Brown informed the Board that the Town had received a check from the State for the May floods for $ 5417.50. The Town has also received approximately $ 50,000 from FEMA for the floods as well.
The Board signed the Intent to Cut for Map 67 Lots 4 & 5 (taxes are current).
Regarding the outstanding minutes of September 18, 2006,
Motion: Netishen, second Bock to accept as printed the minutes of September 18, 2006.
Vote: 3-0 in favor.
Mr. Netishen brought up the display of acceptable bags at the Recycling Center. Mr. Brown stated he had not come up with the display as yet. Mr. Bock then mentioned that the Board Members should be making themselves available at the Recycling Center at least a couple of times a week each to help to educate the public about recycling. Mr. Bock also reported that several people have told him the green recycling permits are not sticking very well.
Next to be discussed was a letter written by Mr. Brown to the Dam Bureau regarding the notification procedures in the event of a release of a dam. In May, notification of a release of Mendums Pond was left on an absentee dam owner’s answering machine and the Town feels the citizens would be better served if there were notification given to the Town’s Emergency Services so residents could be warned. The notification process is set up through the bureau’s administrative rules. The letter asks for the process, if there is one, to recommend changes to the notification process. It was the Board’s thought that the appropriate contact numbers be included in the letter as well. Mr. Brown will add those phone numbers and send the letter to Jeff Blaney at the Dam Bureau as well as Michael Nolin, DES
commissioner, Paul Colby and Bill & Wendy Booth.
Ms. Bonser opened up the discussion of changing the polling hours. Mr. Brown stated that he had received an e-mail from the SAU that indicated that the attorney they consulted thought the Board of Selectmen could change polling hours without a vote of the Town. Discussion followed about whether the Selectmen or the School Board should put an article on their warrant. Mr. Brown has contacted the Secretary of State’s office and confirmed the procedure that is outlined in RSA 659:4. for changing the polling hours for the state & federal elections. The Board seemed to come to the conclusion that they should put the question to the voters at Town Meeting to see what the community wants to do.
The Board next recognized Joe Welch, Chairman of the Nottingham Day Committee and Janet Horvath, Nottingham Recreation Director. Mr. Welch explained they were there to give the Board a report on Nottingham Day which was held on September 16, 2006 from 10:00AM-6:00PM. The volunteer’s day started at about 6:30AM and ended somewhere between 7:00PM-800PM. There were about 64 participants/vendors, 3 musical groups that performed on the stage throughout the day as well as the road race and the chicken barbeque. The crowd was estimated at over 1000 people over the course of the event. The biggest problem/concern was the lack of parking for the event. Mr. Welch stated that the Police Chief has already written a letter to the Board of Selectmen addressing his concerns about the lack of parking and associated safety
concerns. Mr. Welch went on to say that this would be one of the topics discussed at the wrap-up meeting for the committee that was going to be held on Wednesday October 4, 2006. Discussion followed about the lack of parking for all events held here at the Community Center. Mr. Welch gave a brief synopsis of the committees budget and stated that once all monies had been collected, the event will have generated about $ 600.00 profit. This amount coupled with the 2005 carryover of about $ 1600.00 will give next year’s committee about $ 2200.00 to start with. Mr. Bock asked if there were any concerns about recruiting members for next year’s committee. Mr. Welch stated that the committee was working on that and had several people in mind to recruit for next year’s committee. Ms. Horvath said that the advertising for the event done this year had been very effective. The postcards, posters and ad in Foster’s Daily Democrat were paid for by a grant obtained from
the NH Charitable Foundation. Mr. Bock then asked if the Nottingham businesses that participated had been satisfied. Ms. Horvath stated she had spoken with just a couple of businesses and they had said they would be back next year. Mr. Bock asked about the success of the Chicken BBQ. Ms. Horvath reported that the event sold out. Next year they may not offer advance ticket sales in order to better control the number of tickets sold. It was stated that some of the food vendors ran out of food well before the end of the day. There was a brief discussion about recruiting more professional food vendors but the committee has always wanted this to be a community celebration to be used as a showcase for Nottingham businesses and organizations. Ms. Horvath reported the silent auction brought in about $ 883.00 this year. She went on to explain that in past years there was a live auction but because of the inability to replace the past
Coordinator (Pat Netishen) of the auction, the silent auction concept was introduced. Mr. Netishen said that the success of Nottingham Day is a testament to the work of the whole committee.
Mr. Welch went on to thank the Board of Selectmen, Nottingham Fire/Rescue, Nottingham Police Department, the Highway Department, the Recreation Department (for tons of hard work), the Conservation Commission, the Economic Development Committee, the Building Committee and the Nottingham Elementary School for all their help and participation in the 2006 Nottingham Day. He reminded the Board that they are welcome to attend the wrap-up meeting on Wednesday night October 4, 2006 at 7:00PM. Mr. Welch and Ms. Horvath left at 7:18PM.
7:18PM The next appointment with the Board was with Mike Russo from the Neighborhood Guardians in regard to the letter they had written on September 10, 2006 to the Board of Selectmen. He stated that he had not heard from the Board as yet and he would like to get some answers to his questions posed in the letter. His first question dealt with the fact that there has been no public meeting noticed for the Planning Board to discuss the 43 conditions with the applicant. Ms. Bonser explained that negotiations about ongoing litigation are not public, they fall under consultation with counsel. Once a decision has been reached, it becomes public. His next question was if the Board of Selectmen and the Planning Board were aware of the motion filed by Attorney Teague that “started the clock” in regard to the review of
the 43 conditions. Ms. Bonser explained that this matter involved the Planning Board, so the Board of Selectmen would not have been consulted. As to whether the Planning Board was aware of it, that information would fall under non-public consultation with counsel. Mr. Brown explained that the court had set no date certain by which time the review of the conditions had to take place. Attorney Teague’s motion was to establish a timeframe as well as preserve the information submitted originally in case an agreement between the Planning Board and the applicant could not be reached and the matter had to go back to the court. Ms. Bonser went on to say that the starting of the clock shows good faith on the Town’s part and an extension of time can always be requested if needed. Mr. Russo then asked if the Board would stand behind the Police Chief’s statement if the citizen’s groups are not granted standing in the NHDOT driveway permitting process. Ms.
Bonser stated the Board had already made a statement supporting the Chief’s statement. Mr. Bock mentioned the fact the Judge Mohl of Strafford Superior Court had just granted a re-review of the permit granted by NHDES for Prime Wetland #40 in Barrington. Ms. Bonser thanked Mr. Russo for his group’s involvement and caring about this issue. Mr. Russo thanked the Board for their time and he and Mr. Hadley left at 7:30PM.
Mr. Rafter stepped forward to address the Board about polling hours. Mr. Rafter referenced the e-mail forwarded by the Superintendent Judy McGann from the School Board Association attorney that indicated that the Board of Selectmen may change polling hours for all elections without a vote by Town Meeting. This differs from the information Mr. Brown had gathered from the Secretary of State’s office with respect to state and federal elections, which has a strict procedure that must be followed involving a ballot vote by the Town. If that passes, the Town must ask the State to put the question on the next state general election ballot. Much discussion followed about how the polling hours could be changed. It was decided that the Board of Selectmen will solidify their comments for their next meeting on October 16, 2006
and Mr. Rafter will come in at 7:00PM to discuss this issue. The Board of Selectmen will discuss the polling hours issue with the School Board at the meeting of the School Board that they are planning to attend on October 18, 2006.
While on the topic of warrant articles, 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 and/or spraying.
Next item to be discussed was open enforcement issues. Mr. Colby stepped forward to address the Board. Ms. Bonser stated that the only open issues at this time were the Lee property and the Sweet property. Mr. Bock suggested that the Board take up the broader issue of code enforcement first. The first item to be discussed was the Sweet issue. A lengthy discussion followed about the existing cease and desist order and whether or not Mr. Sweet is in compliance with the order. The final result of the discussion was that Mr. Brown would come up with a draft letter to Mr. Sweet for the Board to review. This letter would try to propose a compromise to the current situation that was workable and satisfactory to both the Town and Mr. Sweet. Mr. Brown then updated the Board as to the status of the Lee property. The excavation of
the possibly contaminated soil has been done and is being tested. The final destination of the soil will be determined once the test results come back. After proper disposal, the Town will request a certificate of no further action from NHDES. Ms. Bonser stated that the discussion that followed surrounded the creation of the position only. Ms. Bonser then stated she had called surrounding towns to see how they handled code enforcement and how many cases were in court or pending court action. She gave a brief synopsis of her survey, which revealed some towns with many court cases, some with none. Mr. Netishen stated that if code enforcement were to be combined with the building inspector position, individuals would be able to appeal to the Board of Selectmen if they were dissatisfied with a decision before they had to take the matter to court. Much discussion followed about the pros and cons of combining code enforcement with the building inspector position. Mr. Bock reported he had
made an inquiry to the Local Government Center to see how other surrounding towns handled this issue. All the surrounding towns have a combined code enforcement/building inspector position. Mr. Bock went on to say that he wants someone in this position that can follow the rules, as they exist. Both he and Mr. Netishen said that this individual would not be out driving the roads of Nottingham looking for violations. A signed written complaint will still be required before any action is taken. Mr. Colby reminded the Board that they would be establishing the guidelines for the position that he would follow. Mr. Netishen suggested that the Board try this approach for six months and see how it works. More discussion followed. Mr. Colby suggested the Board make the position effective after the adoption of guidelines. After some more discussion,
Motion: Bock, second Netishen to combine code administration with the building inspector position effective with the adoption of guidelines by the Board of Selectmen, for a trial period of 6 months. Mr. Netishen asked for Mr. Brown’s opinion. Mr. Brown thought that it is important to try the concept out. He went on to state that he had confidence in Mr. Colby’s ability to carry out the code administration duties. More discussion followed.
Vote: 2 in favor-1 opposed (Bonser), motion carried.
Mr. Colby informed the Board that the Raymond/Nottingham POD meeting will be held in Nottingham this week on Thursday at 1:00PM.
Mr. Brown has received an inquiry about posting minutes, notices and other Town postings on The Forum’s website. None of the Board members had an issue with this. Mr. Brown will contact Karen Davidson, the Nottingham correspondent for the Forum, to work out the details.
8:43 PM Motion: Bock, second Netishen to enter non-public session under RSA 91A: 3 II (a) and (c).
Vote: 3-0 in favor.
9:00 PM Motion: Netishen, second Bock to come out of non-public session.
Vote: 3-0 in favor.
9:00 PM Motion: Netishen, second Bock to keep all discussions in non-public session sealed.
Vote: 3-0 in favor.
Having no further business before the Board,
9:03 PM Motion: Netishen, second Bock to adjourn.
Vote: 3-0 in favor.
Respectfully Submitted,
Heidi Seaverns
Approved as corrected
10/16/06
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