Town of Nottingham
Selectmen’s Meeting Minutes
October 27, 2008
7:00 PM Chair Netishen opened the meeting and asked all those present to stand for the Pledge of Allegiance.
Members Present: Bill Netishen, Mary Bonser, Peter Bock
Guests: Hal Rafter, Chris Meyer
Others: Dina Bock, Charlie Brown, Town Administrator and Traci Chauvey, Recording Secretary
ADMINISTRATIVE BUSINESS:
Chair Netishen inquired about department reports. Mr. Brown reported that he had not heard back from Home Land Security, yet, in regards to a mitigation grant for the Back Creek Bridge. He indicated that even if they do not move forward with this project next year, the initial work, a wetland survey and hydraulic study, needs to be completed prior to any application for a wetlands permit. He informed the Selectmen that the estimate for the bridge is $225K with the initial work estimate, which includes the survey, the study, the design, and permitting, at a little over $56K. The grant would be a 25%/75% grant and the $56K is in the Highway budget this year. The Selectmen authorized Mr. Brown to move forward with getting the wetland survey and hydraulic study under way.
Mr. Brown informed the Selectmen that he does not know when the town will be able to set the tax rate. DRA is still missing critical information from the school. If tax bills are not sent out and due prior to the first of the year, the town may need to borrow money in anticipation of the taxes. Mr. Bock reported that the Budget Committee had been assured that all required paperwork had been signed and sent forth. Mr. Brown had also been assured but received word from DRA on October 21st that they are still missing critical information from the school. He has since e-mailed the SAU and School Board but has not received any response. At Ms. Bonser’s inquiry, Mr. Brown reported that if the MS-25 has not been signed the DRA will not move forward. Ms. Bonser sees
borrowing as a stop-gap measure, noting that this has never been done during her time in office. Mr. Brown noted that the Selectmen have the authority to borrow in anticipation of taxes from a 1994 town vote. At Chair Netishen’s inquiry, Mr. Brown reported that it would be up to the Treasurer to determine when to borrow. The Selectmen discussed contacting DRA, the SAU, and/or the Treasurer. They decided to wait until the workshop on Friday to see if there was any resolution. Mr. Brown is to contact the other communities involved with the SAU to see if they are also in the same situation. Chair Netishen voiced concern about applying for funding at this time.
Mr. Brown reported that the Police Chief is going to check with the dealership to see if they will give a trade-in for the fire department car but he was on vacation last week and has not done so.
The Building Inspector has been asked to cover duties for the Town of Chichester, which is currently without a Building Inspector, on a part-time basis. They are open Tuesday nights which would require a change of schedule for Mr. Colby who is open Tuesday nights in Nottingham. The Selectmen support this assistance on a temporary basis and asked Mr. Brown to obtain a revised schedule for Mr. Colby’s office hours.
Mr. Brown reported that he had gone out to Pawtuckaway Lake Advisory Committee’s (PLAC’s) chosen mitigation sites with John Fernald, Nottingham’s Road Agent. The work on Barderry Lane
appears to be pretty straight forward but Mr. Fernald has some concerns and questions about the design for Tuckaway Shores. Mr. Brown is attempting to set up a conference call with the engineering firm. Ms. Bonser asked if signatures from property owners at Tuckaway Shores had been obtained. Mr. Brown reported that he is not seeking signatures. Chair Netishen noted that the mitigation work is taking place on the road. Mr. Brown reported that the work needs to be complete by the first of the year to meet the grant deadlines. Mr. Fernald will begin after consulting with the engineering firm. Once the mitigation work is complete, the town will not be responsible for maintaining the areas.
Mr. Brown asked the Selectmen if they had any thoughts or concerns regarding the conservation easement on the Kimball property. At Ms. Bonser’s inquiry, Mr. Brown reported that the Conservation Commission had voted to spend $10K for this acquisition. Chair Netishen asked if that was a “not to exceed” amount. Mr. Brown informed Chair Netishen that the recommendation did not clarify that.
The Selectmen turned their attention to the signature file.
Motion: Bock, second Bonser to sign a Request for Abatement on TM61 L18-3 for interest in the amount of $98.15.
Vote: All in favor. Motion passed 3-0.
The Request for Abatement was signed.
Motion: Bock, second Bonser to sign a Request for Abatement on TM 24 L38 for an administrative error.
Vote: All in favor. Motion passed 3-0.
The Request for Abatement was signed.
Motion: Bock, second Bonser to sign a Request for Abatement on TM 45 L1 for an administrative error.
Vote: All in favor. Motion passed 3-0.
The Request for Abatement was signed.
APPOINTMENTS
7:30 PM – Hal Rafter, Nottingham Democratic Committee Chairman – Political Signage
At 7:30 PM Chair Netishen acknowledged Mr. Rafter.
Mr. Rafter informed the Selectmen that he was here to discuss the campaign signs that had been placed in front of the fire station and/or school. The law requires property owner permission to place signs whether the property is public or private. He believes that the signs were placed without permission and therefore, illegally. The Democrats feel that the signs indicate that the school and/or fire station are in support of those particular candidates. Mr. Rafter spoke with Mr. Stucker, Co-Chair of the Nottingham Republican Committee, several times, however, the signs were not removed. Hence, he wrote to the Town requesting that the signs be removed. Mr. Brown responded to his letter stating that the town did not have enough resources or manpower to take this action since it would need
to be applied across the entire town. Mr. Rafter’s concern is not with signs on private property or signs that are in some random public property but it is with signs that are placed in front of public buildings. Ms. Bonser felt that the signage was not a big deal and that the Democrat’s should have placed their signs there as well. Mr. Bock inquired as to why the Democrat’s did not place signs after repeated requests to have the Republican signs removed. Mr. Rafter indicated that the Democrat’s were not looking to have a sign war and inquired as to where the line would be drawn asking if it would be ok to place a sign by the flag pole in front of the town offices. He further stated that he is looking toward the future with this issue. At Chair Netishen’s inquiry, Mr. Rafter stated that he believes the town should respond to complainants and remove signs when a complaint has been made. There was discussion
about signs on Election Day. The Selectmen noted that there is a policy in place and they feel they should stick to it. Mr. Rafter summarized that the policy is that there is no policy on signs. The Selectmen agreed, noting that posting of signs in front of public buildings is not an action condoned by the Board of Selectmen. They will make the public aware of this and if it is not effective they will then make an edict that it will not be done.
7:45 PM – Chris Meyer – Speed Limit on Neilson Road
At 7:45 PM Chair Netishen acknowledged Mr. Meyer. Mr. Bock recused himself as he is a resident of Neilson Road.
Mr. Meyer introduced himself and explained that he had come with a petition signed by all but one of the families that reside on Neilson Road. They are seeking to have the speed limit reduced from 25 to 10 miles per hour. There are approximately eight (8) residences on Neilson Road. At Chair Netishen’s inquiry, Mr. Meyer stated that the speed limit is not posted on Neilson Road. Mr. Meyers explained that the road is narrow with a lot of tree growth hanging into the road. Vehicles traveling in opposing directions cannot travel the road at the same time. He did not bring pictures but invited the Selectmen, Road Agent, and/or Chief of Police out for a site walk. He referenced Cooper Hill Road, noting that it is more appropriately set at a 25 mph speed limit. The concern
of the residents is not that people are traveling faster than 25 mph but that 25 mph is too fast. More families with children have moved into this area and there are many children riding bikes and people of all ages walking their dogs or walking for exercise. Chair Netishen inquired as to why they were requesting 10 mph. Mr. Meyer indicated that it was an arbitrary pick; that 10 mph was the speed residents felt would be more appropriate. Chair Netishen inquired about house set-backs on Neilson Road. Mr. Meyers house meets the minimum set backs and sits approximately 50 feet off the road. The Selectmen took the petition and advised Mr. Meyer that he could pick up a copy at the Town Office the next day.
Chair Netishen acknowledged Mr. Bock. Mr. Bock agrees that tree growth has reduced visibility. He felt that pruning may help, as well as the placement of children at play signs. He acknowledged that UPS, FedEx, and the like, barrel down the road to keep their delivery schedules. He reiterated the 25 mph town road speed limit and stated that he is hesitant to consider a change that may be unenforceable by the police.
Chair Netishen acknowledged Mrs. Bock. Mrs. Bock stated that she is in favor of enhancing the safety of the street, however, feels that 10 mph is draconian and would be an unfair burden to place on delivery vehicles. She acknowledged that the road is being used for recreational purposes and suggested that other recreational space be created so that the children are not in the road. She is in agreement with posting the speed limit.
Chair Netishen acknowledged Mr. Meyer, again. Mr. Meyer feels that a reduction of the speed limit would be a wise choice for the town in regards to liability. He does not believe that engineering would support a 25 mph speed limit on Neilson Road and noted that the road was not brought up to town specification when accepted as a town road.
Ms. Bonser wants to visit the site. Chair Netishen agrees that the road should be posted, both with a speed limit sign and a children at play sign. He feels that more professional input is needed in regards to a reduction in speed limit, but acknowledge everyone’s comments that clearing may improve the situation. The seated Selectmen thanked Mr. Meyer for bring this to their attention and informed him that they would take it under advisement and look into the situation further.
GENERAL BUSINESS
Cable Franchise Advisory Committee – Chair Netishen inquired about volunteers. Mr. Brown reported that this is moving slowly. He has not had the opportunity to contact the Granberys as yet to inform them that this is underway. The Selectmen discussed venues for getting the word out. Ms. Chauvey informed all that notices have been posted in five different places around town and on Channel 22. Mr. Brown informed the Selectmen that the first step is to hold a public hearing. He believes that that will generate interest and volunteers. The Selectmen discussed their schedules and agreed to hold a public hearing on November 24, 2008, at 7:15 PM. Chair Netishen made a public plea for attendance at the public hearing and volunteerism on the committee.
Minutes
September 15, 2008 (Public Meeting)
Acceptance postponed. Ms. Bonser and Mr. Bock are in need of new copies.
September 18, 2008
Line 28: insert the word “to” after Mr. Brown
Motion: Bock, second Bonser to accept the minutes of the September 18 workshop with the above noted correction.
Vote: All in favor. Motion passed 3-0.
September 29, 2008
Line 21: change the word ‘contacts’ to ‘contracts’
Line 27: change the word ‘not’ to ‘no’
Motion: Bonser, second Bock to accept the minutes of the September 29 meeting with the above noted corrections.
Vote: All in favor. Motion passed 3-0.
October 14, 2008 (Public Meeting)
Motion: Bonser, second Bock to accept the minutes of the October 14 public meeting as written.
Vote: Ms. Bonser and Mr. Bock voted in favor, Chair Netishen abstained. Motion passed 2-0-1.
September 15, 2008 (Non-public)
Motion: Bonser, second Bock to accept the minutes of the September 15 non-public meeting as written.
Vote: All in favor. Motion passed 3-0.
October 14, 2008 (Non-public)
Motion: Bonser, second Bock to accept the minutes of the October 14 public meeting as written.
Vote: Ms. Bonser and Mr. Bock voted in favor, Chair Netishen abstained. Motion passed 2-0-1.
ANY FURTHER BUSINESS
Mr. Bock reminded the public that that Assessing Standard Board (ASB) was holding a meeting at the Nottingham Municipal Office on Tuesday, October 28 at 6:00 PM.
Ms. Bonser reminded the public that Election Day is next week – Tuesday, November 4, 2008. Polls are open from 8:00 AM until 7:00 PM.
Having no further business,
Motion: Bonser, second Bock to adjourn the meeting.
Vote: All in favor. Motion passed 3-0.
Meeting adjourned at 8:30 PM.
Respectfully submitted,
Traci Chauvey
Recording Secretary
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