Town of Nottingham
Selectmen’s Meeting Minutes
May 12, 2008
6:29 PM Chair Netishen opened the meeting and asked all those present to stand for the Pledge of Allegiance.
Members Present: Bill Netishen, Peter Bock, Mary Bonser, Town Administrator Charles Brown
Guests: Chris Mills, Gail Mills
Others: David Smith, Chair Nottingham Planning Board, Traci Chauvey, Recording Secretary
ADMINISTRATIVE BUSINESS
Chair Netishen inquired about department reports. There were no specific reports. Mr. Brown reported that he has been in contact with department heads regarding the conservation of fuel and energy. He stated that he would follow up, as he had in previous years, with a memo to all staff. Chair Netishen inquired about the new Patrol Officer. Mr. Brown stated that he believed things were going well. Ms. Bonser, referencing a memo from Chief Vilchock (Nottingham Fire and Rescue), volunteered to be the Selectmen’s Representative to the Fire Truck Committee that was being established. Mr. Bock inquired about the Annual Fishing Derby held on Saturday, May 10. Mr. Brown had no information on the success of the event at this time. He informed the Board that the Joint Loss
Management Committee’s report was not yet available and explained to all that the Joint Loss Management Committee is a requirement from the Department of Labor and they are responsible for inspecting the Town owned buildings.
Chair Netishen opened a discussion on Tax Map 1 Lot 8, and explained to the public that the person who was believed to own the property had passed away and that the Selectmen’s Office had recently been informed by the deceased’s daughter that he, in fact, was not the owner. The following motions were made to correct the administrative error:
Motion: Bock, second Bonser to remove the Estate of Dennis MacNeil as owner of Map 1 Lot 8 to correct an administrative error.
Vote: All in favor. Motion passed 3-0
Motion: Bock, second Bonser to refund the Estate of Dennis MacNeil the amount of $187 for the 2007 1st issue taxes paid on Map 1 Lot 8.
Vote: All in favor. Motion passed 3-0.
Chair Netishen addressed the signature file, noting that the first item to be signed was the 1st issue Tax Collector’s Warrant. He read the Warrant for the record.
Motion: Bonser, second Netishen to authorize William J. Garnett, Collector of Taxes for Nottingham, to levy and collect property taxes in the amount of $4,174,527.
Vote: All in favor. Motion passed 3-0.
Four copies of the Warrant were signed.
In reference to an Intent to Cut for Map 10 Lot 9 and Map 8 Lot 9, Mr. Brown informed the Selectmen that the forester had been interested in accessing the lots through the Town’s gravel pit, noting that the
received application indicated that the applicant would access the lots from Oak Ridge Road. The Selectmen felt they should speak with Attorney Teague, if the request came up again. Noting that the taxes are current, they signed the Intent to Cut application.
The Selectmen also signed a reimbursement form for the 1st issue taxes paid on Tax Map 1 Lot 8 and a corrected salary history for the Treasurer.
Motion: Bock, second Bonser to sign a timber tax levy for Map 12 Lot 11 in the amount of $162.79, for Map 2 Lot 1 in the amount of $161.25, and for Map 76 Lot 2 in the amount of $1,580.04.
Vote: All in favor. Motion passed 3-0.
Timber Tax Levy form was signed.
Mr. Brown made a public announcement that the Selectmen had requested that the new assessors review the Nottingham Lake assessments in light of the dam not being in place as of April 1, 2008. He informed the public that the review is underway to see what, if any, adjustments should be made and that due to the timing of the hiring of the new assessors, no adjustments, if any are recommended, would be made to the 1st issue tax bills. He also informed the public that the new assessors are from the firm of Commerford, Neider and Perkins, they carry ID, and their vehicles are identifiable.
Ms. Bonser inquired about the review of the Pawtuckaway Lake properties. Mr. Brown reported that the assessor, Mr. Krajeski, has offered to verbally present his report at a meeting. The report will be in final form, not a draft. Selectmen discussed holding a joint meeting with the Advisory Assessing Committee (AAC) for the presentation. They agreed to invite Mr. Krajeski and the AAC to the May 27 meeting. Ms. Bonser noted that she would like to see the written report prior to the meeting so she may have her questions prepared.
At 6:53 PM Mr. Brown left the room to retrieve his calendar and Mr. Smith arrived to sit in the audience.
Chair Netishen informed the other Selectmen that Chief Foss had been working with NH Fish and Game to obtain a grant for patrolling the State Park trails with the ATV. He stated that it would be a one (1) year contract and that there was an authorization form that needed to be signed to allow the Chief to move forward.
Mr. Bock, referencing a memo from the Planning/Zoning Board requesting that a glass encased bulletin board be hung outside the Municipal Office, voiced concern with regard to what information would be put on the board and who would make the determination of priority. Chair Netishen informed the others that the subject came up at a Planning Board meeting and discussion only involved Planning and Zoning Board documentation. Ms. Bonser indicated that she thought an outside board would be a good idea, noting that it could also be used for the Warrant. (Mr. Brown returned at this time.) Chair Netishen voiced concern over the cost. Mr. Brown reported that outside boards are expensive and noted that there is no lighting for it. Ms. Bonser inquired about one that the old Town Hall used to have.
Mr. Brown indicated that it was not in good enough shape to remove from the old fire station. Ms. Bonser acknowledged the need to plan for the cost. Chair Netishen felt that the issue needed to be looked into before moving forward.
Returning to the discussion of the OHRV grant, Mr. Brown reported that this is a new function for the Town and the State Park, noting that the Police Department has not patrolled the trails in the past. Chair Netishen acknowledged Mr. Smith and invited to speak at the mic. Mr. Smith inquired about current monitoring of the trails. Mr. Brown stated that there has been no monitoring of the trails previously but the State now feels there is a need. Mr. Smith asked if the Selectmen could foresee a future cost to the Town. Chair Netishen reported that this is a State paid detail. Mr. Brown added that this is in addition to the already approved weekend and Fourth of July State paid details. Chair Netishen noted the improved relationship between the Town of Nottingham and management at
the State.
Motion: Bonser, second Bock to sign an authorization for Chief of Police Gunnar F. Foss to sign all documentation, including agreements and contracts, relating to the OHRV Enforcement Grant on behalf of the Town of Nottingham.
Vote: All in favor. Motion passed 3-0.
The authorization was signed.
APPOINTMENTS
7:00 PM – Gail & Chris Mills
At 7:05 PM, Chair Netishen acknowledged Mr. and Mrs. Mills and invited them to the mic.
Mrs. Mills stated that she wants to keep the line open and ensure good communication between themselves and the Selectmen. She came to clarify and get clarification of definitions being used in relation to the water rights ordinance. She researched the issue of bad faith after the last Selectmen’s meeting and it is her understanding that bad faith would be used by an insurance company if an elected official committed a crime. She noted that another time bad faith is used is when an insurance company refuses to pay a claim that is legal. Ms. Bonser informed Mrs. Mills that there is a broader application of bad faith, noting that USA Springs had accused the Town of Nottingham of acting in bad faith and had taken that claim to Superior Court, adding that the insurance company did not pay for
certain items because of the bad faith argument. Mr. Brown informed Mrs. Mills that LGC and Primex are risk pools, not insurance pools. Mrs. Mills asked if there is a clause in the policy for bad faith. Mr. Brown informed Mrs. Mills that it is an Agreement. Mrs. Mills asked to see the Agreement. Mr. Brown stated she could contact him when she was ready. Mrs. Mills inquired again about USA Springs claim of bad faith. Ms. Bonser informed her that, although the case had not gone far enough for a finding of bad faith, the insurance company had not covered costs that should have been covered because of the bad faith argument. Mr. Brown informed Mrs. Mills that LGC would not defend the Town in that particular case. Mrs. Mills reported that Atkinson and Barnstead have had no issues with their insurance after passage of similar ordinances. Ms. Bonser responded that neither of those communities has open/active issues relating to
the ordinance.
Chair Netishen asked Mrs. Mills if she had any other issue to address. Mrs. Mills, referring to comments that the ordinance is not legal, feels that no one will know if it is legal or not until it goes to court. Mr. Mills asked to review the documentation from the USA Springs case that was discussed earlier. Mr. Brown informed Mr. Mills that the documentation is not at his fingertips, noting that USA Springs documentation has its own 5 drawer filing cabinet. Chair Netishen informed Mr. Mills that such a request would require a significant amount of time to put together. Mrs. Mills agreed to follow up with Mr. Brown the following week. Mr. Mills asked if the Board was not going to enforce the ordinances because of the insurance company. Ms. Bonser stated that she did not believe
the Selectmen had made a cohesive decision one way or the other. It is her own opinion, based on her own research, that the ordinance is illegal and unenforceable. She further believes that the town could be heavily fined and that it is her duty as an elected official to make decisions that will not affect the tax payers in this manner. Ms. Bonser feels that if persons are successful in getting a judge to agree that it is a legal ordinance enacted lawfully the Town should not have any problems with their insurance when it comes to enforcement. Mr. Mills noted that it is up to a judge whether the ordinance is legal and enforceable and for the Selectmen to say it is illegal and unenforceable is premature. Mr. Bock, speaking for himself, informed the Mills’ that he feels it is incumbent upon the people who have shown enthusiasm for the ordinance to take action. He is waiting to see the outcome of that action. Ms. Mills again reiterated
concern over the Selectmen’s presentation that the ordinance is illegal and unenforceable when that determination has not yet been made. Ms. Bonser stated that those residents who voted for the ordinance are free to take this to the court. Mr. Mills informed the Selectmen that the residents also have a right, under the ordinance, to simultaneously bring action against the Selectmen for not fulfilling their duty. The Selectmen acknowledged this.
Mr. Mills complimented Ms. Chauvey on the minutes from the last meeting, noting that they were detailed, accurate, and very well done. He further noted that he was appreciative of Ms. Chauvey adding the two page response document to the website minutes. He acknowledged that the Selectmen had made an administrative decision at a previous workshop not to allow Ms. Chauvey to tape the meetings. Referring to the statutes, he noted that any person has a right to tape the meetings. Mr. Mills asked if the Selectmen had changed their minds in light of his comments and concerns at the last meeting. Chair Netishen informed Mr. Mills that they would be discussing that subjct later, noting that the Selectmen had received a request from the Town Administrator on that issue.
The Mills’ thanked the Selectmen for their time and stepped down.
Ms. Bonser returned to the discussion of the glass encased bulletin board and asked if they could look into the possibility of it. Chair Netishen stated that they needed to think about size, where it would be located, how it would be lit, and cost. Ms. Bonser does not feel that the cost of lighting should prohibit them from putting the board up. Chair Netishen feels that a decision needs to be made on the project as a whole. Mr. Brown indicated that an outside board is cost prohibitive, noting that he authorized the purchase of three (3) small bulletin boards for the hallway. Ms. Bonser inquired about the cost. Mr. Brown responded that the cost is $500 - $600, and it was not an expense planned for in the budget. He noted again that there is no lighting and would not be of benefit
to anyone trying to read the posted materials after dark. Mr. Bock and Ms. Bonser suggested hanging a flashlight. Chair Netishen stated that he wanted to discuss the issue with and in more detail at the next meeting.
GENERAL BUSINESS
Metrocast Approval to Install Lines on Layne Farm Road
Mr. Brown informed the Selectmen that Metrocast was looking for approval to run lines into Nottingham to service a Barrington resident living on Layne Farm Road, which is in Nottingham. The Selectmen reviewed Tax Map 8 which depicts the Barrington town line running parallel to the edge of Layne Farm Road. Mr. Bock inquired about liability to the town. Mr. Brown stated that he did not believe there would be any. Chair Netishen voiced concern about use of town property (i.e., poles, etc.) and boundary disputes between the cable companies. Mr. Brown stated that this is not an unusual situation for town corners.
Motion: Bonser, second Bock to allow Metrocast to cross town lines only to service the Barrington resident on Layne Farm Road with the condition that the Town Administrator receive confirmation that there will be no liability to the Town of Nottingham.
Vote: All in favor. Motion passed 3-0.
Public Hearing Dates for 9-1-1 and Fees
The Selectmen set the following dates for public hearings:
June 9 Planning Board and Zoning Board Fees
June 16 9-1-1 Changes for Cooper Hill Road
Phone System and Paving/Reclamation Bids
Mr. Brown reported that three (3) bids had been received for the phone system and all companies had excellent references.
Motion: Bock, second Bonser to award the phone system contract to Telephone Network Technologies for a total of $6,720.
Vote: All in favor. Motion passed 3-0.
Mr. Brown informed the Selectmen that all bidders had indicated that there may be additional costs depending on existing wiring. Chair Netishen acknowledge that the listed price was well within the budget for this item. Ms. Bonser noted that they may be able to purchase the outside bulletin board if the cost of the phone system could be kept down.
Chair Netishen reported that Road Agent John Fernald had reviewed the bids and made a recommendation.
Motion: Bonser, second Bock to award the paving and reclamation contract to Pike Industries in the amount of $57.22/ton for paving and 0.71¢/sq. yd. for reclamation.
Vote: All in favor. Motion passed 3-0.
The Selectmen discussed the condition of and action to be taken in regards to Kennard and Deerfield Roads. Mr. Brown informed them that Mr. Fernald (Road Agent) feels that grinding Kennard Road will not solve the problem but will allow for grading, which cannot be done a paved road. Chair Netishen feels that one area should be finished before moving on to the next. He also feel that Deerfield Road should be a priority as it is an entryway into and out of town. Mr. Brown informed Chair Netishen that Deerfield Road will still be on the list for another two (2) years. Ms. Bonser feels that roads fall apart unexpectedly and it is the Selectmen’s responsibility to supply safe passage to residents. She feels that Kennard Road must be addressed this year, at least in part, along with
Deerfield Road. She inquired about time and cost for grinding Kennard Road. Mr. Brown explained that grinding would not take time away from Deerfield Road because it would be contracted out at a cost of at least $6,000. Ms. Bonser is in favor of grinding the bad portion of Kennard Road this year. Mr. Brown reported that Deerfield Road is in its worst condition between the recently installed cistern and the Deerfield line. He feels that the middle can be skipped for now. The Selectmen agreed to grind Kennard Road and authorize the work on Deerfield road from the cistern to the Town line..
Taping of the Selectmen’s Meetings
Chair Netishen opened discussion on the request from Mr. Brown to allow the Recording Secretary to tape the Selectmen’s Meetings for the purpose of transcribing minutes.
Motion: Bonser, second Bock to allow the recording secretary to use a tape recorder or other device of the secretary’s choosing to aide in the accurate transcription of Selectmen’s Meeting Minutes. The sole intent of any recording is for transcription purposes only and is not intended to be to be part of the official record. Any recordings will be erased or recorded over once transcribed.
Discussion: Mr. Bock stated that he felt it was appropriate if it helped perform the duties of the job. He and Ms. Bonser agreed that use of a device should be left up to the particular individual acting as Recording Secretary. Chair Netishen expressed serious concern. He stated that LGC seminars explain the serious and costly effect that recording can have to a town. He further stated that he does not have a problem with recording, as long as the minutes are transcribed in a timely manner. He believes that problems arise when they are not.
Vote: All in favor. Motion passed 3-0.
Appeal from Planning Board
Guests: David Smith, Planning Board Chairman
Chair Netishen informed all that the Planning Board sent a letter to the Board of Selectmen requesting that they file an appeal with the Zoning Board in regards to their approval of Case #07-08R.
Ms. Bonser recused herself due to a possible conflict.
Chair Netishen acknowledged Mr. Smith and asked if he was present to address the letter. Mr. Smith stated that he had come to answer any questions. Chair Netishen, noting that the ZBA had granted approval on April 22, acknowledged the time limit they were up against. Mr. Bock inquired about the ramifications. Chair Netishen stated that the main issue appears to be RSA 674:41 and the spirit of the ordinance. Mr. Bock noted that the applicant had appeared before the Selectmen eight (8) or nine (9) months ago and raised general concerns. He felt that people are still obviously concerned. Chair Netishen noted that Strafford Regional Planning Commission had submitted a letter to the Planning Board addressing concerns with the plan and indicated that the Planning Board is concerned with
health and safety due to the accesses across one lot to get to another and the length of the accesses. He asked Mr. Smith to speak. Mr. Smith stated that part of the Planning Board’s issue is that there was no justification for the ZBA’s approval. He further stated that he was not sure what the Selectmen wanted to hear from him or how much he should say, noting that he did not want to cause an issue between himself and the application before the Planning Board. Chair Netishen asked Mr. Smith to summarize the Planning Board’s concerns.
Mr. Smith stated that two (2) of the proposed lots gain access from a private way and the Planning Board was not sure where the Town stands on this particular private road. He inquired about maintenance and the status of the road. Mr. Brown informed him that it is a private road maintained as an emergency way in Nottingham, adding that it is a Class VI road in Northwood and not maintained at all. Secondly, Mr. Smith stated that RSA 674:41 requires that a waiver of liability be submitted to the Town. He felt that this would present a hardship for future owners of the property if they were not able to get homeowners insurance. Lastly, Mr. Smith noted that Nottingham has other large acreage lots that, at the moment, are not subdividable and voiced concern that the ZBA’s approval would open
them up.
Chair Netishen felt that health and safety was the foremost issue to several of the Planning Board members, noting that accessibility by emergency personnel was the primary concern. Mr. Bock inquired about the process for supporting the Planning Board’s request. Mr. Brown informed Mr. Bock that if the Selectmen voted to support the appeal, they would need to file an appeal with the Zoning Board within 30 days of the Zoning Board’s approval. Chair Netishen further explained that the ZBA would then set a meeting to decide whether to hear the appeal.
Motion: Bock, second Netishen to support the Planning Board’s request for an appeal to the ZBA’s approval of Case #07-08R.
Vote: All in favor. Motion passed 2-0.
Mr. Smith inquired about the Planning Board’s responsibility. Mr. Brown stated that the appeal would delay the applicant’s Planning Board application. Mr. Bock inquired about SRPC’s concerns. Mr. Smith informed him that the letter received from SRPC was a Completeness Review and that it was not relevant to the issue at hand. Mr. Bock inquired as to who would appear before the ZBA. Mr. Brown explained that it would be an appeal from the Selectmen. Mr. Brown informed the Selectmen that they would need to include every point they wanted to make for the appeal in the appeal documentation submitted to the ZBA in order for it to be considered. He noted that he would be out of town on the 21st and 22nd, however, he would gather all the information
he could to move forward with the appeal before then.
Chair Netishen closed discussion on the Appeal from the Planning Board and invited Ms. Bonser to retake her seat on the Board.
MINUTES
Chair Netishen explained to all that the Selectmen were going to correct an error in the minutes of the March 31 meeting.
Motion: Netishen, second Bock to seal, after the fact, all discussions from the non-public session held on March 31, 2008.
Vote: By roll call vote Chair Netishen and Mr. Bock voted in favor of the motion, Ms. Bonser abstained. Motion passed 2-0-1.
Mr. Brown asked the Board to hold off on approval of the minutes from the April 14 meeting, noting that there was a gap regarding the non-public session.
It became clear during the discussion of the Minutes of the April 28 meeting that the Selectmen were not viewing a copy of the final draft. The Board decided to hold off approval of the minutes of the April 28 meeting until they had a chance to view the correct copy.
While reviewing his copy of the April 28 Minutes, Mr. Bock noted, for the record, that he had not heard back from John Decker, Budget Committee Chair in response to his invitation for the Committee to appear at the June 23 Board of Selectmen’s Meeting.
ANY FURTHER BUSINESS
Mr. Brown informed the Board that perambulation of the Town’s borders should begin with Lee as that border had not been done since 1976. Chair Netishen asked Mr. Brown to start contacting the towns after June 15. The Board agreed on the following divisions:
Ms. Bonser Lee and Epping
Chair Netishen Raymond and Deerfield
Mr. Bock Northwood and Barrington
Chair Netishen announced the following upcoming meetings:
Board of Selectmen Workshop 05/13 8:15 AM Conf. Rm. #2 @ the Municipal Office
PLAC 05/13 7:00 PM Conf. Rm. #1 @ the Municipal Office
Assessing Advisory Committee 05/19 7:15 PM Conf. Rm. #2 @ the Municipal Office
Library Trustees 05/20 6:30 PM Blaisdell Memorial Library
Planning Board 05/21 7:00 PM Conf. Rm. #1 @ the Municipal Office
Ms. Chauvey asked for clarification of the policy on Minutes. Mr. Brown read the policy and reiterated that only grammatical errors could be made to the final draft.
Motion: Bonser, second Bock to enter non-public session under RSA 91A: 3 II (d).
Vote: By roll call Mr. Bock, Chair Netishen, and Ms. Bonser voted in favor. Motion passed 3-0.
The Board entered non-public at 8:35 PM.
Motion: Bonser, second Bock to end the non-public session.
Vote: Motion passed 3-0.
The Board concluded their non-public session at 8:43 PM.
Motion: Bonser, second Bock to seal the minutes of the non-public session.
Vote: Motion passed 3-0.
Motion: Bonser, second Bock to adjourn the meeting.
Vote: Motion passed 3-0.
Having no further business,
Meeting adjourned at 9:00 PM.
Respectfully submitted,
Traci Chauvey
Recording Secretary
Approved as amended on June 16, 2008
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