Minutes
Selectmen’s Meeting
March 19, 2007
6:32 PM Chair Bonser opened the meeting and asked all those present to stand for the Pledge of Allegiance.
Members Present: Mary Bonser, Peter Bock, Bill Netishen, and Town Administrator Charles Brown.
Guests: Charlie Garland, Terry Bonser, Peter Landry, Chris Boldt, Jon Witham, Dave Fernald and Shawn & Paula Slattery.
The first item to be considered is the election of a Chairman for the ensuing year.
Motion: Bonser, second Netishen to appoint Peter Bock as Chairman effective at the close of Town Meeting on Saturday March 24, 2007.
Vote: 3-0 in favor.
Mr. Brown informed the Board that the bid from the Police Department for detail work at the State Park had been accepted.
Mr. Brown informed the Board that account for the phone in the ambulance used for transmitting vital signs to the hospital, has been deactivated. This service had been donated to the department by a former member. The Fire Chief is now in the process of reinstating the service using the Town’s official status. There is a backup phone in the ambulance but the plan is to maintain two phones using different providers to order to have more coverage in town.
Next to be discussed was a memo from the Recreation Department in regard to the Nottingham Youth Association (NYA) using the ball fields for the months of April through June and also for a tournament in July. The Recreation Director and the NYA have discussed dates that the Recreation Department has functions going on like the fishing derby and the concert series in the summer and NYA has agreed not to have games scheduled on those days. The Board okayed the use of the fields by NYA for the baseball/softball season. There was also a request made for additional mowing of the fields on the off weeks. There may be a possibility of someone from NYA mowing the field some of these off weeks at no charge. The Board will wait for more information on this matter before making a decision.
Ms. Bonser asked about mosquito control issues and if the NYA has considered avoiding games that extend into dusk which is the optimal time for mosquitoes. Mr. Brown said that is the time most games are played during the week
Regarding outstanding minutes;
Motion: Bonser, second Netishen to accept as printed the minutes of March 5, 2007.
Vote: 3-0 in favor.
Motion: Bock, second Netishen to accept as printed the minutes of March 15, 2007.
Vote: 3-0 in favor.
The Board will discuss the Avitar letter at a later date as they have some questions.
Mr. Netishen asked about the possibility of having a spreadsheet to track vacations.
The Board next addressed the signature file;
Motion: Netishen second Bonser to approve the gravel tax levy for 2006 for Map 10 Lot 8.
Vote: 3-0 in favor.
Motion: Netishen, second Bonser to accept the yield tax levy for 2006 for Map 17 Lot 6-9.
Vote: 3-0 in favor.
Mr. Bock asked about the quarterly meeting with the School Board. Mr. Brown had tentatively scheduled them for April 16th. The Board would like a list of subjects to be discussed before the meeting.
The Board discussed historical issues.
Charlie Garland asked the status of the restoration of the Proprietor’s records. Some discussion followed about the process of restoring & preserving old records. Mr. Brown will ask the Town Clerk if this is part of her long-term plan.
Mr. Brown brought up the most recent letter from the Neighborhood Guardians requesting that the Town rescind the building permit issued to USA Springs. The ZBA denied the Guardian’s appeal. The Guardians feel the building permit is not valid until their appeal period before the Superior Court ends. Mr. Brown stated, after confirmation with Counsel, that the Town believes they legally issued the permit, the Guardian’s interpretation of the matter is incorrect, and the Town will maintain the status quo. If there are further appeals to Superior Court the Town will comply with any resulting orders.
Mr. Bock stated the Board is working with the Nottingham Day Committee.
7:30PM Ms. Bonser recognized Attorney Chris Boldt, representing Jonathan Witham regarding a boundary line issue at the “Square”. Mr. Boldt stated he believes the Proprietor’s plan is probably not accurate and that the Town was not completely laid out as it was originally drawn. This is not an uncommon situation. He hopes to avoid a quiet title action and feels a boundary line agreement can be reached between the Town & the Withams. He feels the best indicators of boundaries are physical monuments, and they control over measurements. In some cases, measurements do bear out physical monuments. (Ie walls) Mr. Boldt feels that all of the so-called “Carriage Shed” is completely on the Witham property, not on the “Square”. Mr Boldt continued by saying the tax maps should
be accurate and the existing maps only show the “Square” on one corner. This can be used as evidence to support their claim. His client feels that Parcel A as shown on the sub-division plan is an accurate layout of the original “Square”. Mr. Landry then stated he believes there is not a 30-rod by 30-rod layout of the square. He feels it was actually done in a random shape. Much discussion followed. The Board and all present spend some time viewing available plans.
Mr. Garland then provided another handout to the Board explaining his latest research. He stated that building on the square had been done improperly. He believes that the square is defined and was laid out more properly than described by Mr. Boldt and Mr. Landry. Mr. Boldt stated he believes the measurements are not accurate. Mr. Bock suggested that the Board meet at the site and try to get a better idea of the layout of the square. Mr. Fernald asked that the Board also look at the portion of the square that abuts his property. Much discussion followed around the differing opinions of the layout of the square. The Square is not shown on the Town’s tax maps. Mr. Witham explained his hope to preserve the square as it has been. Mr. Landry stated no documentation had been done regarding any activity on the Witham
corner. The Board will do a site walk at the square on Thursday March 22, 2007 at 1:00PM. Mr. Boldt, Mr. Witham and Mr. Landry left the meeting.
Next item on the agenda was the request from Shawn & Paula Slattery to place a mobile home on their lot while their house is being built. Shawn Slattery stepped forward to address the Board. The Board explained the procedure to Mr. Slattery. The Slatterys hope to start construction May 1st. Mr. Brown will provide a standard agreement as used in the past for the Slatterys to sign. After some discussion,
Motion: Bonser, second Bock to allow the Building Inspector to issue a temporary building permit for temporary housing for a period of six months starting May 1, 2007 on the Slattery property located at 90 Kennard Road.
Vote: 3-0 in favor.
Next to be considered was the contract for Professional Planning Services for the Town Planner from Strafford Regional Planning Commission (SRPC) from March 19, 2007 through Town Meeting in March 2008. Ms. Bonser stated the contract as amended per the Planning Board’s recommendations.
Motion: Netishen, second Bock to approve the contract from SRPC as printed and authorize Mr. Brown to sign on behalf of the Town.
Vote: 3-0 in favor.
8:55 PM Motion: Bock, second Netishen to enter non-public session under RSA 91A: 3 II (a).
Vote: 3-0 in favor.
9:07 PM Motion: Netishen, second Bock to come out of non-public session.
Vote: 3-0 in favor.
9:07 PM Motion: Netishen, second Bock to keep all discussions in non-public session non-public. Vote: 3-0 in favor.
9:13 PM Having no further business before the Board,
Motion: Bonser, second Bock to adjourn.
Vote: 3-0 in favor.
Respectfully Submitted,
Charles A. Brown
Town Administrator
Approved as corrected
4/30/07
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