Minutes
Selectmen’s Meeting
April 28, 2008
6:30 PM In the absence of Chair Netishen, Mr. Bock opened the meeting and asked all those present to stand for the Pledge of Allegiance.
Members Present: Acting Chair Peter Bock, Mary Bonser, Town Administrator Charles Brown
Guests: Janet Horvath, Recreation Director
Others: John Terninko, Chris Mills, Gail Mills, and Traci Chauvey, Recording Secretary
ADMINISTRATIVE BUSINESS
Mr. Brown informed the Selectmen that Mr. Colby, Emergency Management Director, had been in contact with the other departments regarding the flood watch in effect until 6:00 PM, Wednesday, April 30, 2008. Mr. Bock noted that the Fire Chief was looking forward to the rain as there had been a brush fire on Route 4.
APPOINTMENTS
Noting that bills, mail, and correspondence were the only remaining administrative business, Acting Chair Bock invited Ms. Horvath speak about the recommended changes to the draft Community Center User’s Policy.
Ms. Horvath informed the Board of the following changes:
1. ROOM RESERVATION #5 – Because permits are not issued, the sentence added to this section reads, “Permission to use the facility is granted to a specific group Coordinator and cannot be transferred to another group or individual without notifying the Recreation Director.” Ms. Horvath explained that this happens when groups such as the Girl Scouts change leaders, noting that she usually does not find out until she tries to contact the leader of record. Mr. Bock inquired about keys. Ms. Horvath explained that the only key issued is the key to the gym unless Conference Room 1 has been reserved, adding that the kitchen is always
accessible. She further explained that if Conference Room 2 is booked, the practice is to leave the conference room door open but to lock the door leading from the conference room to the Town Administrator’s office.
2. FEES #3 – Ms. Horvath stated that the recommended fees were appropriate and that the only other change was the addition of wording that proof of residency and/or non-profit status is required.
Ms. Bonser asked Ms. Horvath if she could provide an example for #5. Ms. Horvath reported that she had not had that use arise at this point. She further stated that she is currently speaking to a martial arts person who may use the facility, however, she believes he may come in as contracted under the Recreation Department. If he does not, this situation would fit #5.
3. FEES #6 – Ms. Horvath reported that there are very few fees that are waived, and that if anything out of the ordinary arose she would discuss it with the Town Administrator.
4. USE OF THE MEETING ROOM #5 – Ms. Horvath reported that all groups are currently responsible for excessive trash and that would not change. She also reported that the dumpster is still by the entrance; it is on the other side, behind the concession stand.
5. USE OF THE MEETING ROOM #8 – The word ‘the’ between the words ‘during’ and ‘any’ has been removed.
Mr. Brown reported that the occupancy limits were going to be reviewed by Nottingham Fire & Rescue.
Motion: Bonser, second Bock to accept the Community Center User Policy, as written.
Vote: All in favor. Motion passed 2-0.
Ms. Horvath thanked the Board and made the following announcements:
NYA Opening Day May 3 Community Center @ 9:00 AM
Fishing Derby May 10 Community Center @ 8:00 AM
Fisher Cats Game May 30 Sign up forms available in the Recreation Dept.
Nottingham Day Sept. 20 Nottingham Elementary School @ 10:00 AM
Fun Run begins @ 9:00 AM (Rain date - Sept. 21).
Ms. Horvath then left the meeting.
ADMINISTRATIVE BUSINESS CONTINUED:
Mr. Bock turned back to administrative business and addressed the signature file. The Board signed a salary history form for the new police officer, and 18 approved and 2 denied applications for Veteran’s Tax Credits.
Mr. Brown informed the public that there is a Veteran’s Tax Credit of $500 for qualified individuals. He explained that if an individual had served in the armed forced prior to 1975, the requirement was 90 days of active service during specific dates. If the individual served after 1975, then certain awards and/or decorations are required. Ms. Bonser informed the public that the criteria are not set by the Board of Selectmen. Mr. Bock asked about injured veterans. Mr. Brown reported that there is another credit for disability during service. Mr. Mills, sitting in the audience, asked if service in the American Armed Forces was a requirement. Mr. Brown read from the application noting that it contained fields for veteran of an allied country.
Motion: Bonser, second Bock to sign a current use application adding 1.05 acres into an existing current use parcel identified as Tax Map 52 Lot 6-2.
Vote: All in favor. Motion passed 2-0.
Motion: Bonser, second Bock to sign the timber tax levy for doomage on wood cut in 2006 on Tax Map 61 Lot 2 in the amount of $2,218.50.
Vote: All in favor. Motion passed 2-0.
Mr. Brown informed the Board that a forester, working for a developer who is buying various parcels of land in Nottingham, had left a few messages that he is interested in obtaining access to one of the parcels through the town gravel pit on Smoke Street. Mr. Brown noted that there is frontage to the property on a public road. He further reported that access for this purpose had been allowed in 1992 & 1993, however, the logger also logged 4 ½ acres of town property. Ms. Bonser noted that the developer would have to put in access in order to develop the land. Mr. Bock stated that he had questions. Both agree that they would look at the request when it was received.
The Board signed intent to cut forms for Map 32 Lot 9, Map 16 Lots 27 & 28, Map 27 Lot 3, and Map 54 Lot 4.
Mr. Brown informed the board that he had received a letter from DES regarding the Mill Pond dam reconstruction. The letter stated that design approval will be held for 20 days to allow comment. Mr. Brown stated that he had reviewed the plans and they had not changed from what the Board had originally seen; the dam would be built to the 100 year flood standard. He did not see any problems with the design. Mr. Bock stated that he did not believe there should be any public issues related to the dam. Mr. Terninko, sitting in the audience, stated that there is an increased indication that flooding is caused by development. He referenced the road situation with Sophia Way last year and inquired as to whether the town was addressing this issue. Mr. Bock directed Mr. Terninko to the
Nottingham Conservation Commission for those answers. Ms. Bonser informed Mr. Terninko that several experts had been involved in the design of that particular development and she felt that what happened was an unusual circumstance, noting that the ground was still frozen when the rains fell. Mr. Brown informed the board that Ms. Booth, a town resident who has been very active and involved in the dam reconstruction process reported being impressed with the design.
Ms. Chauvey asked for clarification on the motion for the current use application. Mr. Bock and Ms. Bonser informed her that the application was to include 1.05 acres into an existing current use parcel. This 1.05 acres should have been included with the original application.
Mr. Bock announced that the D.A.R.E. graduation would take place Thursday evening, May 1, at 6:30 PM at the Nottingham Elementary School. He added that this is a very impressive event and anyone wishing to attend to see the progress of the students is welcome.
Mr. Bock informed the public that he believed Nottingham would have a less divisive relationship with the Division of Park and Recreation this year. Mr. Brown reported that the Governor’s Council had approved Nottingham Police Department’s coverage at the State Park this year.
Ms. Bonser, as Selectmen’s Representative to the Pawtuckaway Lake Advisory Committee reported that the committee had a request for the Selectmen. PLAC, who has a $100 budget, is approaching the Board of Selectmen to pay for the printing cost of colored brochures on buffer zones that Pawtuckaway Lake Improvement Association would hand out at their next meeting. The cost is $150.
Motion: Bonser, second Bock to allow PLAC to expend $150 from the General Fund to cover the cost of the printing of the colored brochures.
Vote: All in favor. Motion passed 2-0.
Mr. Bock inquired about the quantity of brochures being printed and asked Ms. Chauvey to follow up on getting some for the Town Office. Ms. Bonser did not know the quantity being printed.
Mr. Bock inquired about the status of the Blaisdell Memorial Library. Mr. Brown stated that the Library had experienced some mold issues in the basement and that some walls are currently open to let the area dry. He will search for a contractor when it dries.
Mr. Bock informed the public that communication of activities and/or events is always a concern. He reminded folks that these items can be put in the Nottingham Community Newsletter and provided the following deadline schedule for the paper:
Newsletter Issue Submission Deadline
July/August June 6, 2008
September/October August 1, 2008
November/December October 3, 2008
Mr. Bock asked Ms. Chauvey to post the deadlines at the Town Office.
MINUTES
In the absence of Chair Netishen, minutes of the April 14, 2008 meeting were not approved.
GENERAL BUSINESS
Mr. Brown raised the issue of the memo from Heidi Seaverns regarding Map 1 Lot 8, a parcel of land that no one appears to own. He informed the board that the gentleman paying taxes on it since 1983 had come in a few years back to say he did not own it. Ownership has not been resolved, the gentleman has passed away, his daughter has sold the lot that is not in dispute, and is looking to resolve this issue. Mr. Bock inquired about the process for a parcel of land where the owner is unknown. Mr. Brown reported that the parcel will sit for three (3) years and if no one steps forward the Town then takes the deed for non-payment of taxes. Mr. Brown further stated that that is also the opinion they have received from Council.
Mr. Bock announced that the Nottingham Conservation Commission in conjunction with Bear-Paw Regional Greenways would be holding a workshop on Land Protection and Estate Planning on Wednesday, May 14, 2008 at the Blaisdell Memorial Library from 7 – 9 PM.
In reference to a written request to increase some Planning & Zoning fees that was presented at the meeting of April 14, 2008, Mr. Brown informed the board that other fees that may need adjusting are being looked at and a hearing will be held in either May or June.
Mr. Bock, as Selectmen’s Representative to the Budget Committee, reported that the Committee had had several questions on procedure and was looking for some general information. He stated that he had invited them to attend the Selectmen’s meeting on June 23rd at 7:00 PM. He further stated that the Board of Selectmen will need to have the questions beforehand to ensure that they have answers for the Committee that evening.
Mr. Bock informed the public that there is a new employee at the Recycling Center to help with monitoring of trash disposal. He reported that Nottingham is still experiencing the same problem with trash not be disposed of in the proper areas. He stated that the Selectmen are committed to resolving this issue and to saving the town money. He strongly feels that proper disposal is environmentally rational behavior and is the responsibility of all Nottingham residents.
Mr. Brown reported that perambulation of the town boundaries is scheduled for 2008.
Mr. Bock informed the public that the State has issued a deer tick warning, noting that 53–58% of deer ticks carry Lyme Disease. He added that because of weather conditions, it is likely that deer ticks will be prevalent.
Mr. Brown informed the board that assistance with delivering May Baskets on Thursday would be appreciated. Mr. Bock and Ms. Bonser both stated that they will be there.
Mr. Brown reported that he had nothing further to discuss.
ANY FURTHER BUSINESS
Mr. Terninko asked to speak. Mr. Bock invited him to the mic.
Mr. Terninko handed out a paragraph he had written on his business, Responsible Management, Inc., which included an offer to help improve the Selectmen’s decision making process. He stated that he had done this as follow up to a request from Mr. Bock. Board members read the handout. Mr. Bock asked Mr. Terninko if he would be interested in doing a workshop for the Selectmen. Mr. Terninko stated he would. Mr. Bock and Ms. Bonser informed Mr. Terninko that a date would be set when Chair Netishen returns.
Mr. Terninko informed the Selectmen that he had sent the amended water ordinance to Mr. Linzey for review because he had felt that a definition should be inserted regarding the term ‘Board of Selectmen’. He stated that Mr. Linzey had approved of the changes made by Town Meeting. He asked why the Ordinance was not posted on the Town’s website as of this morning. Mr. Brown stated that he did not know, and that he would follow up on it the next day. Mr. Terninko then asked if a letter had been sent to USA Springs informing them that their current business plan is in violation of the ordinance. Mr. Bock informed Mr. Terninko that the Board of Selectmen has taken no action in regards to the ordinance. He further stated that he wanted to make it clear that he is
uncomfortable with issues under the ordinance and that he felt representative members of the ordinance will have to proceed forward in the manner they see fit. Ms. Bonser informed Mr. Terninko that she has spoken with every legal organization in the State, noting that no one says it is enforceable. She is not willing to liable the Town and the tax payers. Mr. Terninko felt the question was more around the legality of the ordinance than the enforceability. He compared it to the laws in effect during the years of slavery. Ms. Bonser stated there is no comparison. She further stated, and reiterated several times, that a private citizen can do so much more than someone sitting on the Board of Selectmen. Mr. Terninko offered to provide the Selectmen with a documentary, The Corporation, on the issues involved in applying personhood to corporations. Both Selectmen stated they would be interested in seeing it. Mr. Terninko
briefed the Selectmen on parts of the documentary and referenced the 14th Amendment. Ms. Bonser read the 14th Amendment for the record. Parties agreed the correct Amendment referred to should have been the 13th Amendment. Mr. Terninko does not understand some of the Selectmen’s concerns, and informed them that Tom Linzey and Larry Vogelman have offered to meet with the Selectmen on June 11th to discuss their issues. He further reported that Mr. Linzey is offering his services pro-bono as long as travel is paid for and that Mr. Vogelman was offering his services at $125/hr. Mr. Bock will be out of State on that date. Mr. Bock believes that legal discussion surrounding this ordinance should be handled in non-public sessions. He acknowledged that the folks who showed up at Town Meeting voted for this ordinance but wants all citizens to know that the Board of Selectmen has spent several years
and countless dollars fighting this project using the avenues they felt best. Mr. Terninko believes that people should not only look at USA Springs but support this ordinance for the future, also. He stated that Mr. Linzey’s experience shows that to move the issue out of the regulatory process and into the legal process makes it an easier fight to win. Ms. Bonser, speaking to Mr. Terninko, stated that she is not one to back down from a fight, but was not willing to liable the Town under this ordinance. Ms. Mills indicated that she would bring the previously offered documentary to the Town Office.
Mr. Mills asked to speak. Mr. Bock invited him to the mic.
Referring to the minutes of the March 31 meeting, Mr. Mills questioned the absence of his responses to questions asked of Ms. Mills at the March 17 meeting. He noted that the minutes of the March 17 meeting accurately reflected questions and comments addressed to Ms. Mills who informed the board that she would get the answers, however, the minutes of the March 31 meeting do not reflect those answers. He asked why they were not included. Mr. Bock granted permission for Ms. Chauvey to speak. Ms. Chauvey stated that Mr. Mills’ responses were a two page typewritten document and that she had reflected in the minutes that anyone looking for the responses should “See official file.” Mr. Mills felt that the minutes are the official file and inquired as to what was considered the
official file. Ms. Chauvey stated that any interested party would need to come into the office. Mr. Mills asked if someone was expected to make a special trip to the Town Office if they were interested in the responses. Ms. Chauvey stated that, yes, someone would have to put some effort into it and come into the office. Mr. Terninko asked how someone would know that the minutes online are not complete. Ms. Chauvey stated that it is stated in the minutes. Mr. Mills ready the corresponding excerpt. Mr. Bock and Ms. Bonser felt the minutes were quite clear. Ms. Mills indicated that she felt one would be better off not supplying the recording secretary with notes. Mr. Mills stated that if he had not supplied the document, the recording secretary would have had to take notes on all that was discussed. Ms. Bonser stated that minutes are not verbatim and would have only captured whatever the recording secretary had been able to
note. Ms. Chauvey informed Mr. Mills that because of the way it was done, his answers were available to any interested party in their entirety. Mr. Mills rebutted that they are not available. Ms. Chauvey informed him that they are as long as someone puts in the effort to obtain them. There was discussion about how things are maintained in the official file. Ms. Chauvey stated that she staples any pertinent material from the meeting to the minutes.
Mr. Mills then noted that Mr. Garnett had addressed him at the meeting on March 31 and neither Mr. Garnett’s comments nor Mr. Mills’ responses were reflected. He wanted to know why. Ms. Bonser again stated that minutes are not verbatim, noting that she often speaks quite frequently but may only be noted in the minutes once. Ms. Mills felt that since the topic had been covered, it should have been noted in the minutes. Mr. Brown stated that a closer look would be taken at the process for recording and maintaining minutes to come to an agreeable solution.
Mr. Bock stated that these conversations are out of the ordinary and should have been placed on the agenda, noting that anyone checking the agenda for what was taking place would not know that these issues had been raised this evening. Mr. Mills stated that the deadline for getting on the agenda had passed by the time he read the minutes. Ms. Bonser noted that he could have been placed on the agenda for the next meeting.
Mr. Bock, speaking to Ms. Chauvey, noted that this is something that needs to be worked through. Ms. Chauvey stated that she is very uncomfortable not have a tape recorder tonight. The Mills’ felt that it was to the Town’s advantage to have the recording secretary tape the meeting. Mr. Bock informed all that it was an administrative decision not to have them taped, noting that they have never been taped before. He further stated that it is something that the Selectmen can talk about.
Motion: Bonser, second Bock to adjourn the meeting.
Vote: Motion passed 2-0.
Having no further business,
Meeting adjourned at 8:05 PM.
Respectfully submitted,
Traci Chauvey
Recording Secretary
Approved as amended on June 16, 2008
| 
