Minutes
Selectmen’s Meeting
May 14, 2007
6:30 PM Acting Chair Bonser opened the meeting and asked all those present to stand for the Pledge of Allegiance.
Members Present: Bill Netishen, Mary Bonser, and Town Administrator Charles Brown.
Members Absent: Peter Bock
Others: Heidi Seaverns
Guests: Cynthia Copeland, Attorney Tupper Kinder and approximately 21 residents from around Nottingham Lake.
The first item on the agenda was an appointment with Cynthia Copeland, Executive Director of Strafford Regional Planning Commission (SRPC). Ms. Copeland stepped forward to address the Board about the proposed realignment of the Seacoast Municipal Planning Organization (MPO). The MPO is federally funded and has three functions-regional transportation planning, access to federal funds for the 10-year plan and perform air quality sampling. When the MPO was created in the 1980’s, the current alignment was satisfactory. With the growth throughout the region over the last 20 years the SRPC and the Rockingham County Planning Commission (RCPC) are proposing to split the Seacoast MPO along the Planning Commissions boundaries creating two different organizations. There would be no change in funding available. Federal law
mandates there must be approval of 75% of the towns within each Planning Commission to split the MPO. This would not affect the 10-year plan that is in place. RCPC has received approval from most of their communities and SPRC has received approval from 13 communities (5 remaining). Ms. Copeland went on to explain that the MPO is involved in updating the traffic model for the entire region as a result of the region’s non-attainment status in several of the categories. It is also involved with the intelligent transportation system throughout the whole region. This system synchronizes signals for police and fire equipment and also provides the flashing messages on the signboards on the Spaulding Turnpike. It is also involved in the public transportation system for the region-the COAST bus system and C&J transportation.
Motion: Bonser, second Netishen to approve the realignment of the Seacoast MPO as represented by Cynthia Copeland in her presentation.
Vote: 2-0 in favor.
Ms. Copeland will e-mail the endorsement document to Mr. Brown for the Board members signatures. She thanked the Board for their time and left at 6:45PM.
Next item to be discussed was a letter from Paul Colby to support the SAU for an emergency management grant that they are applying for. Board members reviewed the letter and
Motion: Netishen, second Bonser approving the letter written by Paul Colby in support of the SAU’s grant application.
Vote: 2-0 in favor.
Mr. Brown then informed the Board that the office had received a bid for the 85 Chevy on May 1st, and the bid had a postmark of April 30th.
Motion: Netishen, second Bonser to accept the bid received for the 85 Chevy in the amount of $ 807.00.
Vote: 2-0 in favor.
Mr. Brown reported to the Board that Ms. McGann had inquired about another date for a joint meeting of the School Board and the BOS. Some discussion followed about an available date. It was decided that the date should be June 11th at 6:30PM. Mr. Brown will let Ms. McGann know of the date and time.
Ms. Bonser asked that condolences be sent to the Town Of Franconia on behalf of the Town of Nottingham.
Motion: Netishen, second Bonser to endorse the contractual agreement for Highway Safety Project Grant from June 1, 2007 through September 15, 2007.
Vote: 2-0 in favor.
Ms. Bonser signed the document as acting Chairman. This grant is for traffic enforcement along the Route 4 corridor in Nottingham.
Mr. Brown told the Board that the FEMA representative will be in Town on Monday May 21, 2007 to review paperwork and visit sites around Town that have been repaired (or not) in Town. There are approximately 25 sites that incurred damage, which includes the Mill Pond Bridge. Mr. Brown informed the Board that Taryn Barnes has been hired as the Assistant Recreation Director. Regarding outstanding minutes, the Board will act on minutes at their next meeting.
7:00PM Mr. Brown began the informational meeting about Nottingham Lake Dam and the Mill Pond Bridge by reviewing a letter from Matt Low, the Town engineer for the bridge project. The letter reviewed the damage to the bridge as a result of the failure of the Nottingham Lake Dam during the recent April storm. The breaching of the dam directed a significant flow toward the northwest wingwall, which then failed as a result of the eddy created by the flow. The sections of the bridge itself were undermined and may be unrepairable. All the wingwalls have sustained some amount of damage. The long-term solution for the replacement of the bridge is dependent on whether or not the dam is reconstructed. If the dam reconstruction is not pursued, replacement of the bridge in the existing location is probably not wise because the actual
course of the river has been changed as a result of the dam failure.. Mr. Low went on to explain in his letter that designing, permitting and constructing a new dam could take a substantial amount of time. There are much more stringent guidelines that must be met with a dam reconstruction project of this type. NHDES will play a pivotal role in what will be permitted for the dam reconstruction. The new bridge design would be done in conjunction of the dam design as the bridge will now have to meet more stringent guidelines as well. Mr. Brown went on to explain the engineer is recommending that the Town pursue a temporary bridge with NHDOT. He also recommended that the Town pursue funding from FEMA and NHDOT for both short term and long-term solutions to the bridge reconstruction. He also stated that he would work closely with NHDES, the dam owner and the dam engineer on the reconstruction/design of the bridge. Mr. Brown then informed the Board he is awaiting input from NHDOT about
the temporary bridge. He also reminded everyone in attendance that the permitting process for the dam reconstruction may take at least a year. Mr. Larry Costa, owner of the Nottingham Lake Dam and his attorney Tupper Kinder stepped forward to address the Board. Mr. Costa explained he is very eager to get the dam rebuilt but there are some legal issues that have come up that may slow the process down. He informed the crowd that he has hired the firm of Dubois & King to redesign the dam. He would like the new dam to be an 80’ concrete structure 6 ½ -7 feet tall. Attorney Kinder went on to explain that the redesign of the dam was early in the process and hopefully the legal questions raised will not hold up the permit. It is Mr. Costa’s hope that all the legal issues raised can be resolved with NHDES soon. Laura Clement than asked if Attorney Kinder was still representing the Town of Nottingham. Ms. Bonser stated that Attorney Kinder had represented the Town
for several years in the USA Springs matter, but that he is no longer representing the Town on any matter. Marianne Campbell then stated that her well is dependent on the lake level and that she had her well dug deeper to hopefully prevent it from going dry. She asked what the legal issues were that are slowing the process down. Attorney Kinder stated that the height of the dam had been questioned as well as the dam owner’s rights to construct the dam. Mr. Costa stated that he cannot sandbag the lake to try to raise the level somewhat because of these issues that have been raised. Much discussion followed. Attorney Kinder explained that there are two permitting processes that have to go on for the dam reconstruction. One is a wetlands permit and the other is the design of the dam itself. Richard Beaumier stated that he thought the level of the lake had been constant until Mr. Kelsey installed the turbines. Mr. Costa stated much of the power generated by the turbines
goes back to the grid. Jean Burke asked if there was any coordination between Mendums and Mr. Costa. He stated he had been in contact with the Mendums dam operator. Bill Booth asked why the boards had not been removed before the storm. Ms. Bonser referred the question to Attorney Kinder. He reminded the group that this was an informational session and that question was for another time. Celeste Boutin spoke in favor of rebuilding the dam. A lengthy discussion followed about what people could do to help move the process along such as writing letters to NHDES in support of the dam reconstruction. Laurie Inman asked if there was any grant money available to rebuild the dam. Mr. Costa stated there were no funds available for private dams. Mr. Netishen stated that the Town hopes to obtain some funding from FEMA and/or the State for the construction of the new bridge. Ms. Campbell asked how both projects (dam & bridge) will coincide. Mr. Brown explained that once the dam design
is approved, the bridge design will be based on that new design. There was some discussion about property values now that the dam is gone. Everyone is anxious for the dam to be rebuilt. Mr. Beaumier thanked everyone for their efforts to make this information available. The audience left at 7:50PM. The Board took a short break.
The Board continued the meeting at 7:59PM
The Board next addressed the signature file;
The members initialed a salary history for a new part time employee as well as Intent to Cuts for Map 29 Lot 12-1 and Map 46 Lot 6.
Motion: Bonser second Netishen to approve the current use application for Map 13 Lot 5-12.
Vote: 2-0 in favor.
The Board reviewed and signed 2 Elderly exemption applications, one of which was approved and one denied. The Board then reviewed and signed a Veteran’s disability tax credit & Veteran’s tax credit application, which were approved. Mr. Brown and Ms. Seaverns had previously checked all applications to determine if all requirements have been met.
The Board reviewed the mail folder. Mr. Brown informed the Board that he had spoken to David Noyes. Mr. Noyes hopes to get the fieldwork done for the Square this week or next. The individual that he had hoped to do the fieldwork passed away suddenly last week. Once he finishes his fieldwork he will contact Peter Landry. The Board will meet with Mr. Noyes and Attorney Teague once their work is completed. After that meeting, the Board will schedule a meeting with Jon Witham & Attorney Boldt.
The Board next reviewed the promissory notes for the Mulligan Easement and the new Fire Station. There is no prepayment penalty on either loan. The Society for the Protection of New Hampshire Forests (SPNHF) had a question about the terminology for the executory interest. Board member agreed it should read Town of Nottingham as executory interest. The Bank is ready to close on both loans with the exception being the only document needed is the opinion letter from the Town Attorney. The Town must use 10% of the loan for the easement within 6 months of receiving approval of the loan. The loan for the Fire Station will start as a construction loan-the Town will only be charged interest on the portion of the money disbursed. The Board members present signed the documents for the loan with the understanding that they will not
be released until the written opinion is received from the Town Attorney. Mr. Brown reported to the Board that both the SAU & the School had been notified that they would be people on site beginning May 15th. He also informed the Board that both the SAU & the principal had been faxed a copy of exhibit L from the contract.
Mr. Brown informed the Board that the Police Chief would be taking delivery of the new cruiser next week. He also informed the Board that the Expedition was in but he would delay taking delivery on that for a few more weeks.
8:25 PM Motion: Netishen, second Bonser to enter non-public session under RSA 91A: 3 II (c).
Vote: 2-0 in favor.
8:41 PM Motion: Netishen, second Bonser to come out of non-public session.
Vote: 2-0 in favor.
8:41 PM Motion: Bonser, second Netishen to keep all discussions in non-public session non-public. Vote: 2-0 in favor.
There was a short discussion about maintenance schedules for highway, fire, and police vehicles as well as police department certification.
8:55 PM Having no further business before the Board,
Motion: Bonser, second Netishen to adjourn.
Vote: 2-0 in favor.
Respectfully Submitted,
Heidi Seaverns
Approved as printed
6/11/07
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