Town of Nottingham
Selectmen’s Meeting Minutes
July 21, 2008
6:30 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: Deb Stevens and Sam Demeritt, both of Nottingham Conservation Commission
Others: Charles Brown, Town Administrator and Traci Chauvey, Recording Secretary
ADMINISTRATIVE BUSINESS:
Chair Netishen inquired about department reports. Mr. Brown reported that there have been several complaints from residents surrounding Nottingham Lake that in 2005 FEMA’s FIRMs (Flood Insurance Rate Maps) had changed and now indicated that some properties were located in a flood zone, when they are not. Based on the FIRMs, the mortgage companies will require flood insurance, which if not purchased by the mortgagee will be purchased by the mortgage company and the cost, which is greatly inflated, is added to the monthly mortgage payment. He informed the Selectmen that most of the property owners have had surveys done and have coordinated with FEMA to get it straightened out; however, one resident was requesting that the Building Inspector write to FEMA to let them know that they made a mistake on
that Nottingham map. He further informed them that Mr. Colby, Nottingham Building Inspector, had spoken with FEMA and they have already started reviewing New Hampshire, but they are starting with Merrimack County, which could take up to a year to complete and they will not say that Rockingham County will be next. Mr. Colby was not able to obtain a timeline for Nottingham. Ms. Bonser felt that a Citizen’s Petition would be more effective but felt that the Building Inspector should also send a letter. Chair Netishen suggested the Building Inspector write a letter to Senators Gregg and Sununu and Congressional Representatives Hodes and Shea-Porter, with a copy to FEMA. All agreed.
Mr. Brown reported that he had attended the Mill Pond Dam pre-construction meeting earlier that day, noting that even though contracts were signed, the Army Corp of Engineers has 30 days from the date of issue to concur with the permit. Their intent is to sign the Notice to Proceed on July 28. Mr. Brown informed the Selectmen that the construction firm had stated that they would need to remove the temporary guardrails at the Mill Pond Bridge in order to get trucks and equipment in and out. Mr. Brown reported that he was going to contact the Town’s engineering firm or NHDOT for advice and an opinion of safety issues with removing the guardrails. Chair Netishen voiced concern at removing the guardrails for an extended period of time. Mr. Brown will be sure that that is
addressed.
Ms. Bonser inquired about the mileage reimbursement issue. Chair Netishen felt that the Selectmen should review the financial reports received from Ms. Carlson and discuss mileage reimbursement at the next workshop.
Mr. Brown reported that he had received salt costs for the upcoming year, noting that the cost had gone from $45.96/ton up to $59.23/ton, which is over a $13,000 increase based on this past year’s use.
With no further reports, Chair Netishen moved into the signature file. The Selectmen signed four (4) salary histories for the Recreation Department, a Notice of Intent to Excavate for TM 11 L 3, and the
following abatements.
Motion: Netishen, second Bock to deny a tax abatement for TM 68 L 102 based on review and CNP’s recommendation.
Vote: All in favor. Motion passed 3-0.
Motion: Netishen, second Bock to deny a tax abatement for TM 68 L 98 based on review and CNP’s recommendation.
Vote: All in favor. Motion passed 3-0.
Motion: Netishen, second Bonser to deny a tax abatement for TM 63 L 44 based on review and CNP’s recommendation.
Vote: All in favor. Motion passed 3-0.
Motion: Netishen, second Bock to deny a tax abatement for TM 68 L 4 based on review and CNP’s recommendation.
Vote: All in favor. Motion passed 3-0.
Motion: Netishen, second Bonser to deny a tax abatement for TM 63 L 42 based on review and CNP’s recommendation.
Vote: All in favor. Motion passed 3-0.
Motion: Netishen, second Bock to deny a tax abatement for TM 71 L 144 based on review and CNP’s recommendation.
Vote: All in favor. Motion passed 3-0.
Motion: Netishen, second Bonser to deny a tax abatement for TM 68 L 22 based on review and CNP’s recommendation.
Vote: All in favor. Motion passed 3-0.
APPOINTMENTS:
7:00 PM – Nottingham Conservation Commission – HCPP Grant Update
At 7:00 PM, Chair Netishen acknowledged Mr. Demeritt and Ms. Stevens and invited them to the mic.
Mr. Brown reported that he had received confirmation that Nottingham had been awarded $18,229, 98.4% of the requested amount, for the HCPP Grant. He read the letter, which contained very high praise for the grant application, for the record, and informed Mr. Demeritt, Chairman of the Nottingham Conservation Commission, that he would provide a copy of the letter to them. Chair Netishen congratulated the Conservation Commission on their hard work for the Stage 1 grant. Mr. Demeritt highly commended the work of Ms. Stevens and Ms. Mooney. Chair Netishen inquired about the timeline for Stage 1. Mr. Demeritt noted that it had been the end of the year, however since the awards were awarded late, they intended to ask for an extension. Chair Netishen noted for the record that, although the 5%
match is less than $1,000. it would need to be a budgetary consideration for next year. Ms. Bonser believes that some of the match will come from in-kind services.
MOTION: Bock, second Bonser to accept the HCPP Grant award in the amount of $18,229, along with the 5% match commitment, subject to acceptance by the Nottingham Conservation Commission.
VOTE: All in favor. Motion passed 3-0.
Mr. Demeritt informed the Selectmen that they needed to appoint a steering committee. Mr. Brown informed the Selectmen that a public hearing would need to be held, usually when the monies have been received, for acceptance of the funds. The Selectmen agreed to hold off on appointing a steering committee.
Mr. Demeritt informed the Selectmen that the Nottingham Conservation Commission was hesitant to recommend taking over the deed to the Brook’s Crossing conservation land. Mr. Brown explained that the Town’s taking of the land was part of the original Planning Board agreement and explained that the tax value was not much since the property is in current use. Mr. Demeritt acknowledged that the easement is held by RCCD and they would be the ones responsible for monitoring. Chair Netishen asked if the Conservation Commission would take the deed for the property. Ms. Bonser recommended that the Boards get back together after the Selectmen pull the Planning Board files to review the original agreement and Mr. Demeritt has time to speak with the other members of the Conservation Commission. All agreed.
Lastly, Mr. Demeritt asked if the NCC could receive quarterly updates of land use change tax as they are interested in keeping a record of what properties are taken out of current use. Chair Netishen informed him that Mr. Brown, along with support staff, would put a procedure together.
Mr. Demeritt and Ms. Stevens left the meeting.
ADMINISTRATIVE BUSINESS Cont.:
Chair Netishen returned to the abatement requests and announced that those abatements receiving refunds would receive paperwork this week and checks would be mailed Monday, July 28, 2008. The following abatements were signed.
Motion: Netishen, second Bock to approve a tax abatement for TM 71 L 114 based on review and CNP’s recommendation.
Vote: All in favor. Motion passed 3-0.
Motion: Netishen, second Bonser to approve a tax abatement for TM 70 L 3 based on review and CNP’s recommendation.
Vote: All in favor. Motion passed 3-0.
Motion: Netishen, second Bonser to approve a tax abatement for TM 68 L 66 based on review and CNP’s recommendation.
Vote: All in favor. Motion passed 3-0.
Motion: Netishen, second Bock to approve a tax abatement for TM 63 L 55 based on review and CNP’s recommendation.
Vote: All in favor. Motion passed 3-0.
Motion: Netishen, second Bock to approve a tax abatement for TM 71 L 79 based on review and CNP’s recommendation.
Vote: All in favor. Motion passed 3-0.
Motion: Netishen, second Bock to approve a tax abatement for TM 71 L 8 based on review and CNP’s recommendation.
Vote: All in favor. Motion passed 3-0.
Motion: Netishen, second Bock to approve a tax abatement for TM 63 L 5 based on review and CNP’s recommendation.
Vote: All in favor. Motion passed 3-0.
Motion: Netishen, second Bock to approve a tax abatement for TM 68 L 104 based on review and CNP’s recommendation.
Vote: All in favor. Motion passed 3-0.
Motion: Netishen, second Bock to approve a tax abatement for TM 68 L 86 based on review and CNP’s recommendation.
Vote: All in favor. Motion passed 3-0.
Motion: Netishen, second Bock to approve a tax abatement for TM 63 L 24 based on review and CNP’s recommendation.
Vote: All in favor. Motion passed 3-0.
Motion: Netishen, second Bock to approve a tax abatement for TM 71 L 69 based on review and CNP’s recommendation.
Vote: All in favor. Motion passed 3-0.
Motion: Netishen, second Bock to approve a tax abatement for TM 71 L 31 based on review and CNP’s recommendation.
Vote: All in favor. Motion passed 3-0.
The Selectmen agreed to hold a workshop on Wednesday, July 23, at 11:00 AM to sign the remainder of the abatements.
GENERAL BUSINESS:
Mr. Brown announced that Chris Wells and Tom Howe, from the Forest Society would be meeting with the NCC on Monday, September 8 to discuss recreational access and use of Mulligan Forest. All Selectmen and Mr. Brown, Town Administrator, were invited to the meeting. Mr. Wells left the invitation open for the Selectmen to invite someone from the Recreation Department and/or other pertinent individuals.
Chair Netishen, again, announced the discontinuation of the old emergency number, 679-5757, noting that some phones in Nottingham may have a red sticker which contains this number. Mr. Brown reminded all to call 9-1-1 in an emergency.
The Selectmen determined that they would attend the Election Law Seminar scheduled for Thursday, July 31, in Brentwood, NH. Ms. Bonser asked to have Town Moderator, Terry Bonser, also registered. Chair Netishen requested that Ms. Chauvey check with the Supervisors of the Checklist to see if they wanted to attend.
Chair Netishen directed everyone to LGC’s Action Bulletin.
General Government, Revenue & Intergovernmental Relations:
2. Public Notice Requirements. The Selectmen are in support of NHMA’s stance but will recommend that wording be changed to the effect that electronic notification can be allowed as a means, but will not be the only means.
3. Right to Know Costs and Specificity Required. Ms. Bonser is in strong opposition to NHMA’s stance.
5. Charitable Definition and Mandated Property Tax Exemptions. The Selectmen feel that the wording of this is similar to muddy water but all are in support of NHMAs stance.
7. Local Ordinances Governing Right-of-Way Use. The Selectmen feel they need clarification of this.
8. Downshifting of State Costs. The Selectmen are in support of NHMA’s stance.
9. Binding Arbitration. The Selectmen are in support of NHMA’s stance.
10. Telephone Company Property Tax Exemption. The Selectmen are in support of NHMA’s stance.
11. State Revenue Structure and Stated Education Funding. Ms. Bonser feels that property tax should fund town operations and a limited income tax collected by the State should fund education. The Selectmen are in support of NHMA’s stance.
12. Land Use Compliance by Government Entities. The Selectmen are in support of NHMA’s stance.
13. Utility Appraisal Method. The Selectmen are in support of NHMA’s stance.
14. Minimum Vote Required for Bond Issues. The Selectmen are in support of NHMA’s stance.
15. Mandated Employee Benefits. The Selectmen are in support of NHMA’s stance.
16. Late Filing of Utility Change Report. The Selectmen are in support of NHMA’s stance.
17. Underground Utilities. The Selectmen are in support of NHMA’s stance.
Municipal Administration and Finance Management:
4. Electronic Payments. The Selectmen will recommend wording be added that allows the municipalities to collect the cost associated with processing electronic payments.
5. Tax Liening Mandatory. The Selectmen are in support of NHMA’s stance.
6. Welfare Lien Priority. The Selectmen are in support of NHMA’s stance.
7. Terms of Appointed Officials. The Selectmen feel that this eliminates the voice of the people. The Selectmen are opposed to NHMA’s stance.
12. Supervisors of the Checklist Sessions. Ms. Bonser is not in support of NHMA’s position.
14. Affordable Housing. Ms. Bonser feels that government created the problem of unaffordable housing and they cannot correct it. Chair Netishen feel that this legislation is an attempt to keep affordable housing affordable.
Roll Call Vote: Chair Netishen and Mr. Bock voted in favor of supporting NHMA’s stance, Ms. Bonser voted in favor of opposing NHMA’s stance.
15. Appointment of Town Clerks and Town Clerk/Tax Collector. The Selectmen are opposed to NHMA’s stance.
16. Bond Ballot Voting. The Selectmen are in support of NHMA’s stance but will recommend wording that the reduction be at the discretion of the legislative body.
17. Municipal Recreation Programs. The Selectmen are opposed to NHMA’s stance.
18. Housing and Conservation Planning Program. The Selectmen are in support of NHMA’s stance.
Planning and Environmental Quality:
2. Penalties for Land Use Violations. Ms. Bonser read Article 20 of the NH Constitution, noting that support of this legislation does not allow the issue to reach the threshold where it would go to court.
Roll Call Vote: Chair Netishen and Ms. Bonser voted in favor of opposing NHMA’s stance, Mr. Bock voted in favor of supporting NHMA’s stance.
3. Election or Appointment of ZBA Members. The Selectmen are in support of NHMA’s stance.
4. Environmental Regulation and Preemption. The Selectmen are opposed to NHMA’s stance because the issue is not clear.
7. Impact Fees for State Highways. The Selectmen are in support of NHMA’s stance.
8. Planning Board Appeals. The Selectmen are in support of NHMA’s stance.
9. Affordable Housing.
Roll Call Vote: Chair Netishen and Mr. Bock voted in favor of supporting NHMA’s stance, Ms. Bonser voted in favor of opposing NHMA’s stance.
10. Energy, Renewable Energy and Energy Conservation. The Selectmen are in support of NHMA’s stance.
11. Open Space Retention/Sprawl Prevention/Housing and Conservation Planning. The Selectmen are opposed to NHMA’s stance.
12. Sludge/Biosolids. The Selectmen are in support of NHMA’s stance.
13. Current Use. The Selectmen are in support of NHMA’s stance.
14. Conservation Investment. The Selectmen are in support of NHMA’s stance.
This concluded NHMA’s Proposed Policy Positions.
Ms. Bonser supplied Chair Netishen and Mr. Bock with copies of two (2) e-mail she had received from residents concerning a dog breeding operation. The Selectmen agreed to discuss them at the Wednesday, July 23 workshop.
MINUTES:
June 25, 2008:
Line 67: Add the closing of the public hearing.
Line 123: Add “are” and change “early” to “earlier”
Line 136: Clarify that Mr. Brown informed the Selectmen that he had been looking at some lines in the budget but did not have any specific recommendations at the time.
Line 167: Incorrectly recorded that Mr. Mooney would be contracting with Geosyntec. Change to Mr. Brown.
Line 208: Incorrectly recorded that the permit was a two (2) year permit. Change to “the permit”
Motion: Netishen, second Bock to approve the minutes of June 25, 2008 meeting, as amended.
Vote: All in favor. Motion passed 3-0.
Chair Netishen acknowledge an e-mail from the Budget Committee recommending changes to the minutes of the June 25 meeting.
Motion: Bonser, second Bock to approve the e-mail as an addendum to the minutes of June 25, 2008 meeting.
Vote: All in favor. Motion passed 3-0.
July 7, 2008:
Ms. Chauvey questioned the spelling of Commission Burack’s name. Ms. Bonser informed her she had spelled it correctly in the minutes. Ms. Chauvey then questioned the mention of BTLA in regards to the approval for a tax abatement for 2006. Chair Netishen informed Ms. Chauvey that BTLA had requested that the property owner and Town work this out but the approval was based on the review and recommendation of the assessing firm.
Motion: Netishen, second Bonser to approve the minutes of July 7, 2008 meeting, as clarified.
Vote: All in favor. Motion passed 3-0.
ANY FURTHER BUSINESS:
Ms. Bonser inquired about cordoning off parking spaces on the nights that boards/committees meet, citing parking problems during sports season. Chair Netishen felt that other alternatives need to be researched.
Motion: Bonser, second Bock to adjourn the meeting.
Vote: All in favor. Motion passed 3-0.
Having no further business,
Meeting adjourned at 9:07 PM.
Respectfully submitted,
Traci Chauvey
Recording Secretary
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