Town of Nottingham
Selectmen’s Meeting Minutes
June 9, 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, Town Administrator Charles Brown
Members Absent: Peter Bock
Guests: Chris Mills, John Terninko
Others: Traci Chauvey, Recording Secretary
ADMINISTRATIVE BUSINESS
Chair Netishen noted that there were no department reports and moved on to the signature file.
Motion: Bonser, second Netishen to sign a timber tax levy for Map29 Lot 8 in the amount of $733.47 and Map 46 Lot 6 in the amount of $358.84.
Vote: All in favor. Motion passed 2-0.
Mr. Brown reported that the fire department had submitted a check request in anticipation of taking delivery of the new ambulance sometime within the next 1½ weeks. The check request was signed.
The Selectmen also signed an Intent to Cut for Map 12 Lot 11.
Mr. Brown explained that the Mill Pond Bridge is in the final design and permitting phase.
Motion: Netishen, second Bonser to sign an authorization for Mr. Brown to sign documents regarding the Mill Pond Bridge on behalf of the Selectmen.
Vote: All in favor. Motion passed 2-0.
Mr. Brown informed those present that a truck hauling chicken manure had caught its tailgate on the bridge last week spreading chicken manure through Nottingham and into Raymond. He noted that Raymond had ticketed the individual.
Chair Netishen stated that approval of minutes would be held until the next meeting when there was a full board. They reviewed and signed off on the bills.
Ms. Bonser noted for the record that the meeting with the Budget Committee scheduled for June 23 conflicted with the 8th Grade Graduation. The Selectmen decided to move the meeting to June 25, if all attendees could make that date. Mr. Brown is to follow up with the Budget Committee and Mr. Bock.
Chair Netishen inquired about fuel use. Mr. Brown stated that he would have a better idea of use at the end of this month as the Highway Dept. has just started their projects.
Mr. Brown raised the issue of the Theatre Project funds, reminding the Selectmen that Ms. Horvath had approached them about the school no longer wanting to handle this responsibility. He asked the Selectmen for direction. There was discussion of sending the issue out for legal council but in the end Chair Netishen asked Mr. Brown to raise the issue again at the next meeting for full discussion. He also asked to receive copies of the correspondence between Ms. Horvath and NH Charitable Funds.
APPOINTMENTS
7:00 PM – Public Hearing on Planning & Zoning Fee Increases
Chair Netishen stated that the fee hearing would not be held this evening. It is being postponed until June 25. He acknowledged the next appointment.
7:15 PM – Chris Mills & John Terninko
At 7:02 PM, Chair Netishen acknowledged Mr. Mills and Mr. Terninko and invited them to the mic.
Mr. Mills stated that he had reviewed the case history of the bad faith claim and found that in a letter from Tupper Kinder, the town had been found not to have acted in bad faith by Judge Holdman. He further stated that it appeared that the town had not contested LGC’s denial of defense and payment. Ms. Bonser stated that they had strongly contested it to LGC, however, in the end LGC did not pay the costs. Mr. Mills read a paragraph of the letter from Tupper Kinder dated January 14, 2003. Mr. Brown stated that he believed USA Springs had withdrawn the claim of bad faith and there had not been an order on that issue. Ms. Bonser inquired if Mr. Mills had a copy of the order referenced in the letter from Tupper Kinder. Mr. Mills did not. Mr. Brown noted that Tupper
Kinder’s letter stated that the Court had found in favor of the Town in part and against the Town in part. He could not recall if the bad faith claim had been cleared up by the part found in favor of the Town. Ms. Bonser reported that legal costs were not recouped. Mr. Mills discussed his personal experience working for an insurance firm and noted that the cost of litigation against the Town’s carrier to cover those cost would have outweighed the money returned. Mr. Brown stated that he would contact Tupper Kinder for follow up.
Mr. Mills then inquired about Ms. Bonser’s motion at the previous meeting in relation to DES and large groundwater withdrawal. Ms. Bonser stated that she wants to know if the recently completed USGS study she reviewed included data from USA Springs potential groundwater withdrawal. She feels that no decisions can be made to address DES until that question is answered.
Mr. Mills stated that is reason for coming tonight was to ask the Selectmen to make a decision and give a formal statement on their position of the Nottingham Water Rights and Self Governing Ordinance. He noted that Mr. Bock was not present and asked the Selectmen who were present to be prepared to make a decision and statement at the next meeting.
Mr. Terninko came to discuss fact vs. opinion. He used Ms. Bonser’s statements that the Town had spent $400,000 on legal fees since USA Springs came through planning. He handed out a spreadsheet he had created from the last 17 Town Reports depicting the legal costs and suggested that the actual amount spent had been roughly $300,000. Mr. Brown informed Mr. Terninko that the legal line is not the only line that has been spent. The dollar amount needs to include such costs as Dr. Ballistero’s expert fees.
As a last word to the subject, Chair Netishen stated that he believed the Board of Selectmen had each given their opinion on several occasions as would be noted in the minutes of the meetings. He further stated that if an individual feels there is a violation of the ordinance by the Selectmen, they should pursue it through the court system.
7:30 PM – Therese Thompson – Plastic Bag Usage
At 7:42 PM, Chair Netishen acknowledged Ms. Thompson and invited her to the mic.
Ms. Thompson, commenting on the previous appointment, stated that she had thought Dr. Ballistero’s fees were paid by the applicant, USA Springs. Ms. Bonser stated that that was only during the planning phase.
Ms. Thompson then gave a presentation on the detrimental effects of plastics on the environment. She urged the Selectmen to reconsider requiring the use of clear plastic bags at the Recycling Center and encouraged all to keep cloth bags at home, at the office, and in vehicles. She brought samples of her own. She feels a composting facility, where people could bring their food scraps and yard waste, would benefit the town. She acknowledged that she had spoken to the Selectmen previously about this but had been informed that there is no place to house such a facility. She wants people to be aware that the United States uses 12 million barrels of oil to produce 100 billion plastic bags, annually.
Ms. Thompson referenced a hand-out she had previously supplied to the Board of Selectmen and spoke about the informational video links it contained, as well as world responses to plastics. She noted that in 2002 Ireland instituted a “Plastax” which reduced 90% of Ireland’s plastic bag usage. There has also been responses from East African countries, Australia, and China, and within the USA, San Francisco, New York City, and Massachusetts.
Ms. Thompson brought samples of BioTuf degradable compostable bags. In closing, she informed the Selectmen that Corporate Express carries the BioTuf bags in New Hampshire and she had been given a price of $75.66 per case (100 bags) of the 40-45 gallon sized bags, and $40.00 per case (144 bags) for the tall kitchen garbage bags. She provided a phone number and the bag part numbers to the Selectmen and asked them to consider making them available for purchase in the town.
Chair Netishen stated that the clear plastic bag requirement has been in effect for quite some time and that the Selectmen were attempting to find ways to enforce that at the request of town folks who are concerned about recycling. He feels that if an environmentally friendly alternative exists, it will be sought out by individuals. The Selectmen thanked Ms. Thompson for her presentation and each took a bag to evaluate. Ms. Thompson thanked the Selectmen for their time.
GENERAL BUSINESS
Ms. Bonser informed Chair Netishen that she had received an invitation to be a judge for the cupcake contest taking place on Nottingham Day and inquired as to whether there would be any objections to her accepting. Chair Netishen felt that it was an appropriate activity. Mr. Brown also received an invitation to judge and believes he will also be accepting.
Having no further business,
Meeting adjourned at 8:00 PM.
Respectfully submitted,
Traci Chauvey
Recording Secretary
Approved as amended on June 25, 2008
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