Town of Nottingham
Selectmen’s Meeting
July 20, 2009
6:29 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: Charles Reid, Resident (arrived at 7:00 PM)
Others: Charles Brown, Town Administrator; Traci Chauvey, Recording Secretary; Gunnar Foss, Chief of Police
ADMINISTRATIVE BUSINESS
Chair Bonser acknowledged Chief Foss and invited him to the mic. Chief Foss gave a brief history of the parking ordinance, noting that it was enacted with a $10 fine. The fine remained at $10 for many years but was increased to $50 when it appeared that people considered the $10 penalty an all day parking pass. Chief Foss feels that $50 is too high in today’s economy. He explained that the department finds that it is ticketing more and more residents. He assumes that people are taking advantage of recreational opportunities in town due to the economy. He believes that the $50 fine is punitive and puts people in a position of having to make a choice between paying the fine or buying gas and/or groceries. Chief Foss asked the Selectmen to consider reducing the fine to $25. Mr. Bock inquired about whether the areas are clearly posted and what areas would be affected. Chief Foss indicated that the areas are clearly posted and listed Round Pond Road, Fundy Cover, and the
Nottingham Community Center, as being affected by the change. Chair Bonser voiced concern over the dangerous parking situations that have happened in the past. Chief Foss indicated that the parking ordinance has worked. The Police Department has minimal issues in the Round Pond Road area and vehicles are not being reported/ticketed for blocking driveways and/or roads. Mr. Anderson inquired about any areas affected other than recreational areas. Chief Foss informed him that there are signs on the corner where Mountain Road turns into Lakeview. Mr. Brown informed him that there are also signs on Route 4 at the old trucking station. Chair Bonser inquired about combining all current issues into one public hearing. RSAs need to be checked in regards to which issues require a public hearing and notification requirements thereof. A public hearing will be held on or before August 17, 2009. There was brief discussion around phone
use/texting while driving. Chief Foss does not believe that this will be addressed by the Department of Safety anytime soon. There was also discussion around the impersonation of police officers and what people should do if they do not feel safe. Calling 911 and/or driving to a well lit area before pulling over were suggested. Chief Foss thanked the Selectmen for their time and left the meeting at 6:45 PM.
Mr. Brown informed the Selectmen that he had received an inquiry from Fire Chief Jaye Vilchock about the disposition of old Engine 2. There was discussion about selling it outright and/or using it for a trade-in. The supplier of the new engine has informed Chief Vilchock that he has an interested party who wishes to use such a vehicle at a ski resort. Mr. Brown pulled the results of the last two bid processes and informed the Selectmen that they had received $750 for the 1977 Chevy and $500 for the 1959 International. The Selectmen agreed that a reasonable offer should be accepted.
The Selectmen addressed the billing manifests.
Mr. Brown informed the Selectmen that he believed Flutter Street paving would be completed today, adding that the majority of paving has been completed, with the exception of Deerfield Road. Chair Bonser inquired about Mill Pond Bridge. Mr. Brown reported that there was an issue with the shop drawings which delayed mobilization last week. He had believed that they would be there today, however, when he went by this morning, there was no one. He did not call the engineering firm. Mr. Brown reported that he spoke with the engineering firm last week to inquire about how the high water situation would affect water diversion processes and was informed that it would not delay the process. He feels that this remains to be seen. At Mr. Bock’s inquiry, Mr. Brown reported that the
design of the cement fascias would not match but that they could only be seen by standing on the dam.
Mr. Brown reported that he had had an inquiry from Tom Sweeney, Chair of the Building Committee, about the possibility of erecting a fourth structure at the pit for the Highway Department. Estimates for the sand and salt sheds are coming in lower than expected. Mr. Brown believes that the way the warrant was written, legally, another building could be built, however, he and Mr. Fernald (Road Agent) feel there are better uses for the money, such as bringing electricity to the site or replacing the two small culverts under the entrance road with a large one. Mr. Anderson, being the Building Committee Rep., explained that the committee had felt a fourth building could be used for maintenance. There was discussion around what a fourth building should and/or should not be (i.e. construction,
electricity, etc.) and its use (i.e. office space, vehicle maintenance, etc.). Mr. Sweeney had inquired about the price of asphalt and Mr. Brown informed him that the town was currently paying $67.50/ton, which he believed was much higher than Mr. Sweeney had anticipated. Chair Bonser inquired as to whether the committee had considered permanent buildings since the costs were coming in lower than expected. Mr. Anderson, acknowledging that he has only been to one meeting with the committee indicated that his take on the discussions led him to believe that permanent buildings would be double the cost. The Selectmen were in agreement that any remaining funds could be put to better use. Mr. Anderson will pass along the Selectmen’s thoughts to the Building Committee and the Selectmen will plan to meet with them at their convenience in the near future.
Mr. Brown informed the Selectmen that LGC has a proposed law suit against the State for an unfunded mandate in regards to the downshifting of additional costs that municipalities are required to pay into the New Hampshire Retirement System. They have requested that municipalities write a letter of protest to be submitted with their payment. The Selectmen read the letter drafted by Mr. Brown and were in agreement with its submission.
Motion: Bock, second Anderson to object to the increase and make the payment under protest.
Vote: All in favor. Motion passed 3-0.
Mr. Bock suggested that the Town support LGC in whatever way necessary through this process. The Selectmen signed the letter.
APPOINTMENTS:
7:00 PM – Charles Reid – Discussion around Tax Map 25 Lot 16-2
At 7:05 PM Chair Bonser acknowledged Mr. Reid and invited him to the mic.
Mr. Reid introduced himself and asked the Selectmen if they had a copy of the agreement made with the Town in regards to commercial operations at Tax Map 25 Lot 16-2. The Selectmen did not. Mr. Reid stated that he was here to discuss violations of the agreement and ongoing issues with the property. Chair Bonser tabled further discussion until August 3 at 7:00 PM. Mr. Smith, owner/operator of the business will be notified of the meeting, Paul Colby, Nottingham Code Enforcement Officer, will be requested to attend, and the Planning Board Secretary will be contacted to locate the required file.
Mr. Bock suggested that Mr. Reid have a conversation with the Code Enforcement Officer. Mr. Reid stepped down and left the meeting at 7:18 PM.
ADMINISTRATIVE BUSINESS Cont.
Chair Bonser noted a court order in regards to USA Springs in the mail file. Mr. Brown explained that the court granted all the debtor’s motions last week in regard to extending the exclusionary period by 45 days. This allows the current owners 45 more exclusive days to submit a viable business plan, after which, anyone may submit a plan.
The Selectmen addressed the signature file signing two employment histories and solid waste removal contracts.
Mr. Brown informed the Selectmen that the new solid waste contracts were due to a change from the original contract. The original contract called for fuel and environmental surcharges; however, the charge was $140 for two loads of MSW. Mr. Brown contacted the company who agreed to remove the surcharges and increase the haul fee from $125/load to $140/load.
Mr. Brown reported that a signature was needed for the Back Creek Bridge FEMA Mitigation Grant extension request.
Motion: Bock, second Anderson to agree to the one year extension and authorize Chair Bonser to sign the request.
Vote: All in favor. Motion passed 3-0.
Mr. Bock made the following public announcements: The Selectmen will be meeting with the School Board on Wednesday, July 22 at 7:00 PM and the Farmer’s Market is open every Sunday on the lawn at the Blaisdell Memorial Library, 1:00 PM to 4:00 PM.
Motion: Bonser, second Bock to sign the MS-5 for submission to the State of New Hampshire.
Vote: All in favor. Motion passed 3-0.
OTHER BUSINESS
Chair Bonser informed all that she has received word that the Pawtuckaway Lake Advisory Committee’s (PLAC) poster has been accepted as a poster presentation at North American Lake Management Society (NALMS). PLAC will be looking to meet with the Selectmen in regards to new funding available for other issues at Pawtuckaway.
Nottingham has received a letter from the Town of Raymond to participate in a fiscal responsibility/shared services committee. Chair Bonser requested that Mr. Brown attend a few meeting to see if there is any value in joining. Mr. Bock offered to attend with Mr. Brown.
Mr. Brown informed the Selectmen that he had received the proposed final changes to the large ground water legislation. The deadline for response/feedback is August 31, 2009. The Selectmen requested that copies be placed in their mailboxes.
MINUTES
June 8, 2009 (Meeting)
Line 27: Change and exit to with graduation scheduled for.
Line 40: Move the words from Raymond to the middle of the sentence.
Line 41: Add the words of pictures.
Line 45: Add the word pump.
Line 50: Change tank to skid unit.
Line 108: Change loosing to losing.
Line 226: Correct second instance of the word that to they.
Motion: Bock, second Anderson to approve the minutes of the June 8, 2009 meeting as amended.
Vote: All in favor. Motion passed 3-0.
There was discussion around the inaccuracy of the information on lines 154 and 155. Mr. Brown informed all that any Land Use Change Tax (LUCT) that is collected on the USA Springs property will go to the conservation fund, not the general fund. Chair Bonser confirmed with Mr. Brown that interest and fees from the LUCT and property taxes will go to the general fund.
June 15, 2009 (Workshop)
Line 56: Remove the line “Mr. Bock wants to keep an eye on compactoring agreements.” It is a bad sentence and it is not understood.
Line 65: Change checking to monitoring.
Line 82: Change that to the.
Motion: Anderson, second Bock to approve the minutes of the June 15, 2009 workshop as amended.
Vote: All in favor. Motion passed 3-0.
Mr. Brown informed the Selectmen that there has been a change to the commodities disposal agreement. Originally, Oceanside was going to haul and sell the materials, however, they cannot compete with NRRA’s rates. Oceanside will haul, while NRRA will sell.
June 23, 2009 (Meeting)
Line 46: Add over the previous year at this time.
Line 100: Change burning to having campfires.
Line 110: Change broke to not functioning.
Motion: Bock, second Anderson to approve the minutes of the June 23, 2009 meeting as amended.
Vote: All in favor. Motion passed 3-0.
There was discussion around changing the name of the Domestic Animal Policy. The Selectmen want it renamed Domestic Animal Advisory Committee moving forward. There was discussion around the Recycling Center signs. Mr. Bock will contact the Boy Scouts. Chair Bonser informed all that she has been in contact with LGC, who has located more RSAs for the regulation of dogs.
July 6, 2009 (Meeting)
Line 10: Remove the space in Mr. Case’s name.
Line 50: Change Stuck to Stucker.
Motion: Bonser, second Anderson to approve the minutes of the July 6, 2009 meeting as amended.
Vote: All in favor. Motion passed 3-0.
There was discussion surrounding the motion made by Mr. Bock on line 87. The Selectmen agreed to ignore the words brief (not word for word), acknowledging that the contract is either reviewed or not reviewed, never briefly reviewed. Focusing on the paragraph beginning on line 113, the Selectmen asked Mr. Brown to follow up with a note to Raymond.
OTHER BUSINESS Cont.
Mr. Anderson reported that he has become aware that the State wants us to cover the tires at the Recycling Center so they will not accumulate water. Mr. Brown suggested a tarp. Mr. Anderson suggested a canvas garage type structure that is open on the ends for ease of access. Mr. Brown acknowledged that that type of structure would be less labor intensive.
Chair Bonser inquired about tax receipts. Mr. Brown reported that they are on par.
Mr. Bock inquired about the status of the budget. Mr. Brown reported that a spending freeze will most likely come once the June numbers are reviewed.
Having no further business,
Motion: Bonser, second Bock to adjourn the meeting.
Vote: All in favor. Motion passed 3-0.
Meeting adjourned at 8:15 PM.
Respectfully submitted,
Traci Chauvey
Recording Secretary
Approved as amended at the August 3, 2009 meeting.
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