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Board of Selectmen Minutes 04/13/2009
Town of Nottingham
Selectmen’s Meeting
April 13, 2009


6:35 PM  Chair Bonser opened the meeting and asked all those present to stand for the Pledge of Allegiance.

Members Present:  Mary Bonser, Peter Bock, Gary Anderson
Guests:  Steve Conklin, Barrington Resident; Eugene Reed, Resident; John McSorley, Chair, Assessing
Advisory Committee
Others:  Charles Brown, Town Administrator; Traci Chauvey, Recording Secretary; Karen Davidson, Resident; Scott Curry, Resident; Terry Bonser, Resident; Ellen Conklin, Barrington Resident; Richard Harmon, Resident; June Proko, Resident; Cheryl Smith, Resident; Charlene Andersen, Resident


Chair Bonser inquired about department reports.

Mr. Brown reported that he had spoken with the Town’s attorney regarding the Selectmen’s concern with the Cop Grant and was informed that there would need to be cause to eliminate the position after the three year period.  There was discussion about how many positions could be filled.  Nottingham is applying for one Cop Grant, the grant is due tomorrow and cannot be added on to in the future.   

Mr. Brown informed the Selectmen that the issue with obtaining an interest rate on the fire truck is that it cannot be locked in for as long as it will take to get the truck.  Rates are low right now but the truck will not be received for at least eight months.  If they were to lock in now, a payment would be due before the truck is received.  The Selectmen want to see the specs for the truck before they approve locking in a rate.  Mr. Brown will send out the specs electronically.

Mr. Bock inquired about the recycling situation.  Mr. Brown reported that things are somewhat of a mess right now.  The current company has gone into Chapter 11 bankruptcy.  They called earlier today wishing to renegotiate the contract.  Mr. Brown informed the gentleman that called that he has dealt with the president of the company in the past and if negotiations were to take place, he would do so again.  Mr. Brown has inquired about services with NRRA, Best Way, Oceanside, and a few others.  Prices have been holding him back.  Mr. Bock inquired as to whether a pay-per-bag system would improve the process.  Mr. Brown noted it is important the recycle as much as possible.  He informed the Selectmen that there has been an issue with the new requirement to separate steel cans.  They are being put in the wrong container.  There was discussion about sending out an RFP.  Mr. Brown will check with the attorney.  He believes that since the contract had expired, the Town is not under any obligation of the Chapter 11 bankruptcy.  

At the Selectmen’s inquiry, Mr. Brown reported that the Highway crew was doing a lot of clean up, there was no news from the Recreation Dept., and the Building Inspector had returned to work.

Minutes

December 4, 2008 (Workshop)
Line 109:  Add the word options.
Line 122:  Change the word with to will.
Discussion:  Mr. Bock would like to add discussion of a long term planning meeting with department heads to a future workshop agenda.
Motion:  Bock, second Bonser to accept the minutes of the December 4, 2008 workshop as amended.
Vote:  Bock and Bonser in favor.  Anderson abstained.  Motion passed 2-0-1.

February 17, 2009 (Meeting)
Line 186:  Remove the second reference to Epping.
Line 199:  Change Laura to Maura.
Motion:  Bock, second Bonser to accept the minutes of the February 17, 2009 meeting as amended.
Vote:  Bock and Bonser in favor.  Anderson abstained.  Motion passed 2-0-1.

February 17, 2009 (Non-public)
Line 3:  Change 2008 to 2009.
Motion:  Bock, second Bonser to accept the minutes of the February 17, 2009 non-public session as amended.
Vote:  Bock and Bonser in favor.  Anderson abstained.  Motion passed 2-0-1.

February 23, 2009 (Public Hearing)
Motion:  Bock, second Bonser to accept the minutes of the February 23, 2009 public hearing as written.
Vote:  Bock and Bonser in favor.  Anderson abstained.  Motion passed 2-0-1.

March 4, 2009 (Meeting)
Line 31:  Remove the words and a representative from the Board of Selectmen.
Motion:  Bock, second Bonser to accept the minutes of the March 4, 2009 meeting as amended.
Vote:  Bock and Bonser in favor.  Anderson abstained.  Motion passed 2-0-1.

March 9, 2009 (Workshop)
Motion:  Bock, second Bonser to accept the minutes of the March 9, 2009 workshop as written.
Vote:  Bock and Bonser in favor.  Anderson abstained.  Motion passed 2-0-1.

March 16, 2009 (Meeting)
Line 112:  Change Terry to Mr. Bonser and She to Ms. Bonser.
Motion:  Bock, second Bonser to accept the minutes of the March 16, 2009 meeting as amended.
Vote:  Bock and Bonser in favor.  Anderson abstained.  Motion passed 2-0-1.

March 20, 2009 (Workshop)
Motion:  Bock, second Anderson to accept the minutes of the March 20, 2009 workshop as written.
Vote:  All in favor.  Motion passed 3-0.


APPOINTMENTS

7:00 PM – Steve Conklin – Report of the Completion of Mendum’s Landing Watershed Grant
At 7:15 PM, Chair Bonser acknowledged Mr. Conklin and invited him to the mic.

Mr. Conklin informed the Selectmen that he was here to report on the completion of the 2005 Mendum’s Landing Watershed Grant.  He explained that this was the second of a three-phase process.  The project was a huge undertaking but had a large amount of support and culminated in a modeling concept that works and has been accepted by DES.  Mr. Conklin was contacted about stimulus money available for Phase 3.  He was seeking support and was interested in making sure that if Nottingham was planning to apply for any watershed grants, that there were no areas of overlap.  The Selectmen suggested that Mr. Conklin speak with both the Nottingham Conservation Commission and the Pawtuckaway Lake Advisory Committee.  

Mr. Conklin left the Selectmen with a copy of the final report for Phase 2 and left the meeting.

7:15 PM – John McSorley, Chair, Assessing Advisory Committee
At 7:40 PM, Chair Bonser acknowledged Mr. McSorley and invited him to the mic.

Mr. McSorley informed the Selectmen that he was here to present the findings of the Advisory Assessing Committee (AAC).  He read the Mission Statement and a list of duties and roles for the Board of Assessors (BOA) that the AAC had developed.  Mr. Bock inquired about how the AAC foresaw specific duties being carried out by the BOA.  Mr. Reed, acknowledged by Chair Bonser, objected to further discussion in this area, noting that Mr. McSorley was here to present the AAC’s findings, not as a member of the BOA.  There was discussion about the relevance of the question in regards to Mr. McSorley’s presence tonight to report the AAC’s recommendations.  Mr. Bock withdrew his question.  Mr. McSorley continued with the list of duties and roles of the Board of Assessors.

At Chair Bonser’s acknowledgement, Mr. Curry asked about budget funding for items such as a legal line for contracts.  Chair Bonser informed Mr. Curry that this year’s contract was already signed, adding that she believes the BOA will present a budget next year.

At 8:06 PM, Chair Bonser called a break.  She reconvened the meeting at 8:10 PM.

7:30 PM – Gene Reed, Resident
At 8:10 PM, Chair Bonser acknowledged Mr. Reed and invited him to the mic.

Mr. Reed informed the Selectmen that he was here to address a memo that they and the Town Administrator had written in response to requests by several residents to have a public hearing on the Lee property, which was recently taken by tax deed.  Mr. Reed indicated that much of the information in the memo was inaccurate and he did not believe it should go to print.  He distributed copies of the memo with his notations in bold (see official file).

Mr. Reed questioned the reference to liens on the property, noting that only Nottingham’s were recorded.  There was a lengthy discussion.  Mr. Brown read from a Court Judgment.  Mr. Reed questioned whether the judgment was against Mr. Lee, individually, and not the property.  Acknowledged by Chair Bonser, Mr. Harmon questioned any current hazardous waste problems.  Mr. Brown and Chair Bonser informed him that there was still a lot of clean up to do but testing had cleared the site of any further hazardous waste issues.  Mr. Reed disputed the statement that acquisition of the property was not any sort of a windfall for the Town and quoted a section of NH RSA 80:89, noting that there is the possibility for profit after a three year period.  Mr. Brown agreed that under certain circumstances and after a three year period, the property could become ‘a windfall’ to the town.  There was much discussion around the State’s involvement.  Mr. Reed questioned the Selectmen’s use of the term ‘redemption’ period, noting that the redemption period is over.  He further added that the owner would need to repurchase at this point, and that the Selectmen have the ability to set the price.  He, again, quoted a section of RSA 80:89.  There was much discussion about interpretation of the law vs. reading the law.  Mr. Reed feels that public disclosure of all options should be done now and at any time there is a change.  There was discussion around whether a citizen could call a public meeting and compel the Selectmen to attend.  Chair Bonser did not agree with Mr. Reed’s interpretation of the law.  There was much discussion about what could be done with the property at this time.  The Selectmen will be seeking legal advice from an attorney with expertise in this area.  Mr. Brown will attempt to pull the memo from the newsletter.

Mr. Harmon informed all that he believes that someone is dumping manure on the property.  Mr. Brown reported that Mr. Lee had given someone permission to dump manure.  Mr. Brown will contact the individual to inform him that this practice must stop.

Acknowledged by Chair Bonser, Mr. Bonser took the mic to express dismay at what he referred to as the ‘rumor mill’.  Discussion turned to deed waivers for homes and such located on the Bonser’s property.  There was much discussion between Mr. Bonser and several audience members.  Mr. Bock took over as Acting Chair at 9:05 PM.  Mr. Bock explained that he had gone to the Bonser’s property to verify the condition of the homes, acknowledging that they were valueless, the deeds were turned over to Mr. Bonser, and Mr. Bonser disposed of the property.  Discussion continued between Mr. Bonser and several audience members.  Acting Chair Bock closed the discussion at 9:19 PM.

Ms. Bonser resumed her role as Chair.


OTHER BUSINESS

Mr. Curry expressed disappointment at all who spoke inappropriately this evening.  Mr. Bock agreed, acknowledging Mr. Brown for a job well done.

Chair Bonser asked Ms. Chauvey to obtain a copy of Knowing the Territory as she has misplaced hers.

Chair Bonser informed Ms. Andersen that the School Building Committee was seeking a representative from the CIP Committee.  Ms. Andersen feels that there is duplication when the CIP Committee is invited to sit because the CIP members are made from other Boards.  Chair Bonser concurred.

Chair Bonser announced that the D.A.R.E. graduation was taking place Wednesday, April 15, 2009 at the Nottingham School at 6:30 PM and there was a Planning Board Meeting that evening, also, at 7:00 PM.

Mr. Brown informed the Selectmen that he would be attending the Transportation Summit meeting on Friday morning, noting that discussion will be around expanding public transportation into small communities.

Mr. Brown informed all that he has concerns regarding the condition of the cemetery due to the ice storm.  He is working on restoration efforts.

Having no further business,
Motion:  Bonser, second Bock to adjourn the meeting.
Vote:  All in favor.  Motion passed 3-0.

Meeting adjourned at 9:30 PM.

Respectfully submitted,


Traci Chauvey
Recording Secretary

Approved as written at the May 11, 2009 meeting.