Minutes
Selectmen’s Meeting
April 30, 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: Heidi Seaverns
Guests: Steve White, Grace LaPointe, Vern Dingman, Mr. Curtis, Deb Stevens, Joe Welch, Peter Landry, Chris Boldt, Jon Witham, Dave and Barbara Fernald, Bob & June Chase, Sandy King and Trey Sleeper.
Regarding department business, Chair Bock asked Mr. Brown to give an update on the aftermath of the storm. Mr. Brown reported that the Highway department had repaired the Al Fernald Bridge on McCrillis Road and it was open on Thursday night. He reported that the Highway department has done a phenomenal job with the roads in Town and still has a lot of work to do. As the Board is aware, the Mill Pond Bridge was destroyed as a result of the Nottingham Lake dam failure. NH DOT has been out to inspect the bridge and we are waiting for a report. The Town engineer feels that the bridge design should be in conjunction with any dam redesign. There is a possibility that the Town may be able to use a temporary bridge but there will not be a quick resolution to this issue whatever is done. The phone lines are back working although
intermittently. The Town Clerk is still having trouble with the State Verizon line; it worked for a short time today. Mr. Brown reminded everyone to be patient when registering his or her vehicles. The 895 exchange appears to be the hardest hit. Mr. Netishen remarked how well everyone in Town pulled together and worked together throughout the storm and afterwards as well. Ms. Bonser thanked the local contractors who helped the highway department as well as the ham radio operators that came in and assisted with emergency communications in the days following the storm. Mr. Bock thanked everyone in the community for their dedication and generosity throughout the event & the aftermath. Ms. Bonser stated that the Board would be holding an informational meeting about the Nottingham Lake Dam at their next meeting on May 14th.
Next item to be considered was a request from the Building Inspector in regard to a homeowner who had lost their garage in a fire. The individual requested that the building permit fee for the garage replacement be waived. A brief discussion followed.
Motion: Bonser, second Netishen to waive building permit fee as requested by the Building Inspector for homeowner who lost their garage in a fire.
Vote: 3-0 in favor.
Regarding outstanding minutes;
Motion: Bonser, second Netishen to accept as corrected the minutes of March 19, 2007.
Vote: 3-0 in favor.
Motion: Bonser, second Netishen to accept as corrected the minutes of March 22, 2007.
Vote: 3-0 in favor.
Motion: Bonser, second Bock to accept as printed the minutes of April 9, 2007.
Vote: 2-0-1 in favor, Mr. Netishen abstained, as he was not present at the meeting.
Mr. Brown reported to the Board that there is a FEMA meeting on Friday May 4, 2007 at 10AM in Exeter for towns in Rockingham County. This is an informational meeting for towns that are going to be requesting FEMA assistance for damage incurred during the storm.
Mr. Brown informed the Board that there were no bids received for the Fire/Rescue vehicle.
Mr. Brown then reviewed the paving & reclamation bids for 2007 with the Board. Mr. Brown opened the bids on Friday and consulted the Road Agent for his recommendation. The bids are as follows:
All States Asphalt $. 80/sq yd. Reclamation
JGE Enterprises $ .72/sq yd Reclamation
Advanced Excavating & Paving $ .85/sq yd Reclamation
$ 54.80/ton Paving
Continental Paving $ 2.50/sq yd Reclamation
$ 56.00/ton Paving
Brox Industries $ .83/sq yd Reclamation
$ 54.28/ton Paving
Pike Industries $ .78/sq yd Reclamation
$ 50.48/ton Paving
The Road Agent recommends that the Board accept JGE Enterprises bid for reclamation at ($.72/square yard) and Pike Industries bid for paving at $ 50.48/ton.
Motion: Netishen, second Bock to award the contract for reclamation to JGE Enterprises at $.72/square yard and to award the contract for paving to Pike Industries at $ 50.48/ton per the Road Agents recommendation.
Vote: 3-0 in favor.
7:00PM The first appointment of the meeting was Deb Stevens. She requested permission to use of an old road that crosses town property next to the Southside Cemetery to access her property for logging operations this summer/fall. She explained to the Board that the lower corner of her property was very wet and she believes there would be less of an environmental impact by using the old logging road that already exists. The road had been used for this purpose in the past. Ms. Stevens stated any damage done to the road by the logging operation would be repaired.
Motion: Bonser, second Netishen to allow Deb Stevens to access her property off Raymond Road for logging in 2007 using an existing road next to the South Side Cemetery. The road will be inspected before the operation commences and again upon completion.
Vote: 3-0 in favor.
The Board received a memo from the Emergency Management Director as a result of the department head wrap-up meeting that was held earlier in the day. The Board will schedule a department head meeting for Monday May 7 dependent on department head availability.
Mr. Brown then discussed with the Board a letter he had received from a property owner on Meindl Road. They were concerned about the limited access for those residents during the storm. They suggested that the Town open up the old fire road which would provide additional access for people with property in this area. Mr. Brown made some inquiries and was told that the owner of the fire road blocked the access years ago because of overuse and abuse by the public. This is private property so the Town can not consider this request.
7:15PM The next appointment was Steve White who had been referred to the Board by the Planning Board. Mr. White wishes to subdivide his 5-acre parcel using the frontage on Barderry Lane. Mr. Dingman steeped forward to address the Board on Mr. White’s behalf. He indicated Mr. White would sign a hold harmless agreement and record it. There was some confusion as to what a hold harmless agreement was. After some discussion, it was determined Mr. Dingman was talking about a waiver to release the Town from all responsibility of liability for the proposed house. Discussion followed about the waiver and the fact that the lot is located on a private road. Mr. White stated the lot is buildable but has no frontage on a Class V road. The Board feels that since the proposed lot has no frontage on a public road, the discussion of
a building permit is pre mature. Mr. White would like to be placed on the May 29th agenda and will contact the office as the date gets closer. Mr. White thanked the Board for their time and left the meeting.
7:36PM The final appointment of the meeting was with Jonathan Witham. Attorney Boldt stepped forward and thanked the Board for having this public hearing in regard to the square. He went on to say he wants to keep the process moving for his client- Mr. Witham. Mr. Netishen stated that this meeting was not a public hearing, it had not been publicized as such. Some discussion followed. Mr. Bock recognized Joe Welch. Mr. Welch stepped forward to address the Board. He stated he would be addressing two topics-the history of the Square and also comments on the disputed property. He also stated he was in attendance on behalf of the Nottingham Historical Society as well as personally. He went on to give a detailed history of the Town Square from the early 1700’s to the present. At the conclusion of his presentation, he
asked the Board not to give away Nottingham’s heritage and to keep this portion of our history in to the future. Mr. Welch went on to state that he believes the layout of the Square to be straightforward and there are many documents to support this. He gave the Board members & Attorney Boldt copies of some photographs that illustrate the Square as well as a sketch of the Square Mr. Bock thanked Mr. Welch for the information and asked if he could have a copy of the presentation. Mr. Welch stated he would be happy to provide Mr. Bock with a copy and stepped down. Dave Fernald was next to address the Board. He lives on the Square now and grew up there as did Deb Stevens and Joe Welch’s mother. He stated that when they were growing up they all knew the Square was common ground and they treated it with respect. He stated this Square is a unique part of our heritage and should be preserved. June Chase stepped forward. She is a member of the Nottingham Historical Society.
She stated that Nottingham Square is one of the last original Town Squares in the State. She cited the book “History of Rockingham County”, which was published in the 1950’s that described the Square as being the same today as it was when originally set out. She asked that the Board not give away the heart of our community. Sandy King then addressed the Board. He explained that he did not live here as a child but spent summers here and he too treated the Square as common ground. He asked the Board to use all their resources to preserve this property. Trey Sleeper was the last individual at address the Board. He stated that he thought the Withams had done a beautiful job on the restoration of the Butler homestead. He then stated he would support any idea that the Board had to keep the property as is. Attorney Boldt conferred with Mr. Witham. Mr. Witham stepped forward to address the Board. He stated he feels he owns the land under the carriage shed and would like
to enter into a boundary line agreement with the Town. He said he would sign any document that would preserve the center square but he wants the land associated with the carriage shed to preserve the homestead. He went on to state he has the right to develop his property as he wants to. Mr. Bock asked about the carriage shed’s construction. He said that during the site walk, they went through the building and it appeared to have two distinct portions. Mr. Witham explained that the main part was built in the mid 1700’s and the addition was built in the early 1800’s. He then stated that he had done extensive renovations to the building two years ago. Attorney Boldt then reiterated the fact that Mr. Witham wants to come to an agreement with the Town in regard to the land associated with the carriage shed. The public discussion resumed at this point. Attorney Boldt wants a public hearing scheduled. Mr. Bock stated to schedule a date for a public hearing at this
point is presumptuous since they have no information from either the attorney or the surveyor hired by the Town. It is everyone’s hope that this issue can be resolved sooner than later. Attorney Boldt thanked the Board for their time and most of the audience left the meeting.
The Board took a 5-minute break at this time.
The Board next addressed the signature file;
The members initialed a salary history for a new part time employee as well as signing a letter to a taxpayer.
Motion: Bonser second Netishen to approve the timber tax levy for 2006 for Map 19 Lot 1.
Vote: 3-0 in favor.
Motion: Netishen, second Bonser to accept the timber tax levy for 2006 for Map 53 Lot 20.
Vote: 3-0 in favor.
The Board then reviewed and signed 12 Veteran’s tax credit applications. Nine applications were approved and three were denied. The Board then reviewed and signed a Veteran’s disability tax credit application, which was approved. Mr. Brown and Ms. Seaverns had previously checked all applications to determine if all requirements have been met.
Ms. Seaverns left the meeting.
9:10 PM Motion: Netishen, second Bonser to enter non-public session under RSA 91A: 3 II (a).
Vote: 3-0 in favor.
9:25 PM Motion: Netishen, second Bock to come out of non-public session.
Vote: 3-0 in favor.
9:25 PM Motion: Netishen, second Bock to keep all discussions in non-public session non-public. Vote: 3-0 in favor.
9:26 PM having no further business before the Board,
Motion: Bonser, second Bock to adjourn.
Vote: 3-0 in favor.
Respectfully Submitted,
Heidi Seaverns
Approved as amended
5/29/07
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