Minutes
Selectmen’s Meeting
October 15, 2007
6:30 PM Chair Bock opened the meeting and asked all those present to stand for the Pledge of Allegiance.
Members Present: Peter Bock, Bill Netishen, Mary Bonser and Town Administrator Charles Brown.
Others: Janet Horvath, Phil English, Jaye Vilchock, Heidi Carlson, Tupper Kinder, approximately 80 taxpayers/residents and Heidi Seaverns.
Janet Horvath, Recreation Director, stepped forward to address the Board about the Community Center Usage policy. She gave a brief overview of the existing policy. The Boy Scouts, Girl Scouts and like organizations use the facility at no charge, unless they change the physical makeup of the building (Blue-Gold Banquet). In this case, they pay the $ 50 fee for use of the building. If the facility is used for a private party (not for profit), they pay a $50 fee. If the facility is used for a profit making function-a dance where admission fee is charged, there is a $90 fee assessed. The party that rented the facility pays for any damage done to the facility. Other towns have a janitor on staff that is on site during the event and the fees are usually tied to the salary of that individual. Whoever rents the facility is
responsible for returning it to the condition it was when they entered the building. This policy has been in effect for at least 7 years. The biggest problem is the fact that the lights are left on in the building after the event concludes and doors may not be locked. The $50 fee can be waived for events of local interest, lectures and the like. Ms. Horvath gave the example of the Library’s event with Wayne from Maine that was held here as an event that would have the fee waived. Mr. Netishen asked how requests are handled from out of town organizations. Ms. Horvath indicated that this year was the first in which she had received an inquiry, but the individual did not end up using the facility. Mr. Bock asked how a request from a campaign for a fund raising event would be handled. Ms. Horvath stated she would refer the request to the Board of Selectmen. Discussion followed. The School has a janitor and the fee they charge is based on his salary. Ms. Horvath stated that the
Recreation Department does pay the school a usage fee for some of the events they hold at the school. The Craft Fair is an example of an event that is charged a fee; flag football is not charged a fee to use the field. Mr. Netishen would like a study done to see if the fees charged are paying for the use of the building. The Board thanked Ms. Horvath for her time.
Next to address the Board was Fire Chief Jaye Vilchock. Deputy Chief Heidi Carlson was also present. Chief Vilchock gave the Board members copies of estimates from Two Way Communications for a radio system and also an internal PA system. The radio system consists of a Motorola base unit (state price) with a roof-mounted antenna. The base radio that is used now is a mobile unit that was purchased with grant money that has been fitted to use as a base station. This unit will serve as a temporary base until the new unit is received and installed (3-5 weeks). Once the new base station is installed, the mobile unit will be installed in one of the vehicles. The antenna that will be used is a donated one that will be mounted on the new station on a pad, which will not penetrate the roof. This system will meet the Astro-25
requirement, which insures that the department will be able to communicate with agencies throughout the state. Chief English stated that this will help with communication within Town as well. Chief Vilchock added that a repeater system may be requested in the future to further enhance communication within town. Chief Vilchock next explained the PA system. This system would enable people within the station to hear radio communication. Without this system, someone would have to be in the communications room to hear any transmissions. There would be a speaker mounted in the bay and three other speakers located throughout the office area. Discussion followed about the system and the availability of funds. Mr. Brown informed the Board there were funds available for these purchases. This system also gives paging capabilities in case dispatch is down for any reason. The Chief would like to place the order for the equipment as soon as possible, have the antenna installed (building
inspector will consult), and move the mobile base unit into the building as a temporary system until the new equipment is installed. The Board asked if there were any other items necessary before the Department moved into the facility. Chief Vilchock indicated that they were going to use the old desks and tables for workspaces for now. They hope to be able to get some white boards for the training room as well.
Motion: Netishen, second Bonser to authorize purchase from Two-Way Communications of a Motorola radio system setup as well as PA system for the new station in the amount not to exceed $ 8934.
Vote: 3-0 in favor.
7:10PM Mr. Bock opened the public hearing to accept the grants received by the Recreation Department. Ms. Horvath stepped forward to address the Board. The grants received are as follows: Healthy NH Foundation in the amount of $ 2000 for equipment that will promote healthy activity; NH Charitable Foundation, Piscataqua Region in the amount of $ 700 for the community weaving project on Nottingham Day; NH State Council for the Arts along with National Endowment for the Arts in the amount of $ 750 for the Randy Armstrong Concert, which was attended by about 200 people; Rockingham County Commissioners, Division of Children, Youth and Family Services in the amount of $ 15,000 for scholarships for children to attend the Recreation summer camp programs. The total for the grants is $ 18,450. This total does not include
State Aid that went to other children in Town to enable them to attend the camp programs also.
Motion: Bonser, second Netishen to accept the grants for the Recreation Department as presented in the amount of $ 18,450.
Vote: 3-0 in favor.
Regarding outstanding minutes,
Motion: Bonser, second Netishen to approve the minutes of September 17, 2007 meeting as written.
Vote: 3-0 in favor.
Motion: Bonser, second Netishen to approve the minutes of October 1, 2007 meeting as amended.
Vote: 3-0 in favor.
Regarding the signature file,
Motion: Bonser second Netishen to approve the Gravel Tax Levy for 2006-2007 for
Map 69 Lot 8.
Vote: 3-0 in favor.
Mr. Bock then mentioned the spaghetti dinner at the Elementary School on October 24,2007. This project will benefit Nottingham Reads. The raffle & silent auction will run from 4:30PM-7:30PM and the dinner will run from 5:00-7:00PM. If you have items to donate for the auction, please contact the Library. Next event that Mr. Bock mentioned was the Open House for the new Fire Station. This event will be held at the new station on November 4, 2007 from 1:00PM-4:00PM with a ribbon cutting ceremony at 2:00PM.
Mr. Bock then addressed the questions that had been raised at the Board’s last meeting in regard to the updated assessments. He stated that all the questions would be answered in writing and that all attendees of the last meetings would receive a copy. He went on to explain that the office staff is working on the answers but they have been extremely busy over the last couple of weeks. He assured the crowd that the Board will continue to listen to their concerns. He further stated that it was not the Board’s intention to have a long drawn out meeting tonite on the assessment issue. Mr. Morrissey was on the agenda and would be given his time to speak. If anyone else had any comments, questions, Mr. Bock asked that they put them in writing to the Board.
7:25PM Rick Morrissey stepped up to address the Board. He feels the Board should answer the questions asked as well as the additional questions he has. He asked the Board if Jeff Gurrier could speak in his time slot. Mr. Gurrier has additional questions and Mr. Morrissey requested that the Board allow him to speak. The Board had no problem with Mr. Gurrier addressing them instead of Mr. Morrissey. Mr. Gurrier had a sheet of 5 questions that he asked the Board. The questions had to do with methodology used to arrive at the new assessment as well as a request for a number of hearings held by Avitar. Mr. Bock thanked Mr. Gurrier for his presentation and stated that his questions would be answered in writing as well. Mr. Gurrier concluded by saying that the people on Pawtuckaway want to pay their fair share of taxes but they
want it to be fair.
7:35PM Charles Harcourt stepped forward to address the Board. He is working toward his Eagle Scout rank, He would like to put up 2 signs for the school soccer field on Priest Road. One would be at the entrance to the field off Priest Road and the other would be on the corner of Route 152 and Priest Road on the Fire Station property. He would be making the signs and they would be permanent. The signs would be doubled sided and he would need to prune a few limbs for the Route 152 sign. The Building Inspector has reviewed the project with Mr. Harcourt and endorses it. He would like to start the project in November if the Board grants their permission.
Motion: Bonser, second Netishen to grant permission to Charles Harcourt to place the sign on the corner of Priest Road & Route 152 subject to the building inspector’s verification that the sign placement will not interfere with the fire station signs.
Vote: 3-0 in favor.
The Board took a recess at 7:42PM and then reconvened at 7:45PM.
Attorney Tupper Kinder stepped forward to address the Board. He stated he was in attendance representing Larry Costa, who was out of town and could not attend the meeting. Mr. Costa wanted to give the Board an update on the temporary dam at Nottingham Lake. Attorney Kinder explained that the temporary dam had been discussed as providing possible relief to those people whose wells had gone dry since the dam collapse in mid April. He went on to say Mr. Costa had gone through the design & permitting process with DES and had been granted a permit to construct a temporary dam. However Mr. Bonser & Mr. Settle claim they own the lakebed and have provided deeds that claim ownership of the lakebed, which have not been evaluated as yet. A construction easement for the dam was provided to Mr. Bonser but he refused to sign
it. The temporary dam would not be located in the same place as the old dam was, it would be about 50 feet upstream from the original location. At this time, Ms. Bonser recused herself, stepped down from the table and sat in the audience. Attorney Kinder stated DES had done an evaluation on the wells around the lake and concluded that a temporary dam of the suggested height would provide relief to well owners. Mr. Netishen asked if the temporary dam permit was in place. Attorney Kinder stated the permit was in place but Mr. Costa was not going to pursue it any further. Mr. Netishen asked where the application for the permanent dam was at this time. Attorney Kinder stated the application was in process with the construction estimated for July/August of 2008. Mr. Bock asked how many people had come prepared to speak and approximately 6 people raised their hands. Attorney Kinder concluded his presentation. He told the Board that he was not comfortable answering technical questions.
Mary Bonser stepped to the microphone and read a prepared statement. She stated that during the May 2006 flood, the owner of the dam was not available and there was no disaster plan in place so the town and residents had to take action to save the dam. She went on to state that no plan was prepared throughout 2006. She then stated that Mr. Bonser and Mr. Settle own the lakebed but were reluctant to sign an easement when the owner of the dam had no liability. These individuals have asked the dam owner to purchase the lakebed but have received no response. She suggested that the residents around the lake form a homeowner’s association and purchase the lakebed so they would have standing. Barbara Patton stepped forward and asked how much it would cost. Ms. Bonser stated the asking price was
$ 35,000. Laura Clement asked Attorney Kinder who contacted his client. Attorney Kinder stated he was unsure how the initial contact was made but he stated Mr. Costa was not willing to purchase the lakebed without clarity of ownership first. Much discussion followed about the temporary dam, ownership of the lakebed, liability and the timing of these events. Rolfe Voltaire asked if anyone had paid taxes on the lakebed all these years. Wendy Booth asked why Mr. Bonser & Mr. Settle have not given the lakebed to the State. Mr. Bonser stated that the lakebed would be taxable property as of April 1, 2008. Mr. Bock reminded that the ownership issue was not a Town matter. Attorney Kinder stated Mr. Costa does have the right to rebuild the permanent dam. More discussion followed. Mr. Brown again stated that the ownership issue
was between property owners. He went on to say that NH DOT mobilization crew will be in Town the week of November 11th to begin the process to put in a temporary bridge. It will be a minimum 3-week project. Everyone in the room applauded that news. Mr. Netishen pointed out that Mr. Brown had been on this issue since the day after the dam collapsed and it was his effort that got this accomplished.
The Board took a short break at 8:30PM.
The Board reconvened their meeting at 8:37PM. Mr. Brown will put approval of the Fire/Rescue by-laws on the agenda for October 29, 2007. Ms. Bonser then gave the Board a Budget Committee update. She reported they had cancelled their meeting scheduled for October 25, 2007. They are planning to receive a brief overview of the Town Budget at their meeting on November 15, 2007 and receive the School’s final budget at their meeting on November29, 2007. The Board then discussed a schedule of budget workshop meetings to be held in the mornings during the week. They have tentatively scheduled a meeting for October 23, 2007 at 8:00AM and a meeting for October 25, 2007 at the same time. The Board plans on reviewing medical benefits this year. Mr. Brown reminded the Board that those numbers would not be available until late
this month or next. There was a brief salary discussion.
The Board then reviewed bills and the mail.
The Board reviewed a proposal from Hoyle Tanner on engineering for the Mill Pond Bridge. The hydrology may change. There is also a question on whether the Town can expend monies obtained from FEMA to fund the engineering. Mr. Brown informed the Board that paving for Flutter Street and Deerfield Road will be done in late October or early November. He informed the Board of the tentative closing date for the Mulligan easement is November 16, 2007. He also let the Board know there may be an issue with the generator at the new station and what it is set up to run. This problem is in its infancy and Mr. Brown is confident it can be resolved.
Having no further business,
9:14 PM Motion: Netishen, second Bonser to adjourn. Approved as written
Vote: 3-0 in favor. 12/10/07
Respectfully Submitted,
Heidi Seaverns
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