Town of Nottingham
Selectmen’s Meeting
August 3, 2009
6:31 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); Nelson “Butch” Smith, Resident (arrived at 6:55 PM); John Terninko, Resident (arrived at 7:12 PM);
Others: Charles Brown, Town Administrator; Traci Chauvey, Recording Secretary; Tom Sweeney, Chair, Bob Carlson, Skip Seaverns, all from Nottingham Building Committee; Paul Colby, Nottingham Building Inspector / Code Enforcement Officer (arrived at 6:45 PM); Heidi Seaverns, Resident (arrived at 6:53 PM); Chris Mills, Resident (arrived at 6:35 PM); Burton Simmons, Resident (arrived at 6:55 PM); Bill Fritz, Resident (arrived at 7:30 PM); Alan LaPointe (arrived at 7:00 PM)
ADMINISTRATIVE BUSINESS
Sand & Salt Shed - Chair Bonser acknowledged the Building Committee and invited them to the mic for a presentation on the status of the new sand and salt storage shed. Mr. Sweeney addressed the Selectmen on behalf of the Committee.
Residents voted to raise and appropriate $200K for a new sand and salt storage facility at the 2009 Town Meeting in order to move storage of these items away from the river’s edge. The Building Committee researched many types of buildings and has settled on a recommendation of three (3) Cover-All buildings; one for sand, one for salt, and one for mixed. Mr. Sweeney presented pictures of Durham’s Cover-All facilities. The cost for each building is approximately $27K for a total of $82K±, delivered and installed. They are constructed of concrete blocks, metal framing, and a fabric cover. The paved area will be 150 square feet and there will be 15 feet between the buildings. Paving is estimated at approximately $30K. The Highway Department will do all site
preparations and the recommendation is to use the paving contractor who was awarded the Town contract during bidding season. The pavement will be pitched at the edges and surrounded by sand for drainage purposes. The water table is four (4) to five (5) feet below the surface and the distance to Little River is 400 feet.
There was discussion around the structure’s ability to handle New England weather. Estimates for the geographical location are 50 lbs. of snow per square foot, while the roofs are able to withstand 63.8 lbs. per square foot. The buildings are also designed to withstand 100 mph winds. Discussions around pavement thickness are still underway with the Road Agent. There is no cost estimate for bringing power to the site, at this time. Mr. Brown has an appointment with New Hampshire Electric Co-Op on Wednesday, August 5, 2009. Mr. Carlson provided information on site preparation.
Mr. Sweeney publicly thanked Mr. Carlson and Mr. Seaverns for their work on the Committee and stepped down.
Motion: Anderson, second Bock to approve the ordering of three (3) Cover-All buildings.
Vote: All in favor. Motion passed 3-0.
Mr. Brown informed the Selectmen that a deposit of $24,688 will be required with the order and that authorization would be needed to move forward.
Motion: Bock, second Anderson to authorize Mr. Brown to move forward with the required financing paperwork for the new sand / salt facilities and to sign documents for ordering of the buildings.
Vote: All in favor. Motion passed 3-0.
At 6:50 PM, Mr. Sweeney and Mr. Carlson left the meeting.
Chair Bonser inquired about department reports.
Fire & Rescue – Mr. Brown informed the Selectmen that the forestry unit (F1) was back in service as of July 29. It had been out of service for 102 days.
Highway – Mr. Brown informed the Selectmen that Mr. Fernald had applied for Permits by Notification on seven (7) culverts. Four (4) were approved and three (3) were denied. Mr. Fernald needs to apply for Minimum Impact Project Permits for the three denials; one on Highland and two on Deerfield. He plans to do this himself. Mark West, Wetland Scientist, agrees with this and has offered to assist, if needed.
There was discussion around upcoming public hearings. The Selectmen will hold public hearings for the After the Fact Building Permit fee and the updated Recycling Center Policy on August 17. The Domestic Animal Advisory Committee is not yet ready to address the public at a public meeting.
There was discussion around the State budget. Mr. Brown reported that a conservative estimate of the loss to the Town for the current budgeted year is $44,510. This figure includes accounting for the change in the police, fire, and SAU retirement fund.
APPOINTMENTS:
7:00 PM – Charles Reid – Discussion around Tax Map 25 Lot 16-2
At 7:00 PM Chair Bonser acknowledged Mr. Reid and invited him to the mic.
Mr. Reid asked Chair Bonser to recuse herself, as she is an abutter to the lot being discussed. At 7:01 PM, Chair Bonser stepped down. Mr. Bock presided as Acting Chair and gave a brief history of the lot in question. He then invited Mr. Reid to express his concerns.
Mr. Reid introduced himself and, referencing the conditional approval of the ZBA, addressed the Selectmen with several concerns, including the creation of a stump dump, running of the commercial business through the winter months, running of the commercial business into the night (until 9 PM), clear cutting and payment of a timber tax, scrapping (i.e., removing fluid from construction equipment, then cutting the equipment up for scrap), previous DES violations, the destruction of a stone wall between his property and Mr. Smith’s, and running of equipment seven (7) days a week. He has concerns that although Mr. Smith has agreed to discontinue his commercial business upon approval of a pending subdivision, the agreement does not mention the removal of the equipment from the property.
Mr. Brown read the conditional approval, noting the following three conditions: The business will operate from April 1 thru November 30; the days/hours of operation are Monday thru Friday, 8:00 AM – 5:00 PM; and lastly, the special exception would cease upon Mr. Smith’s retirement. Mr. Brown noted that there was no condition listed for hauling material on to and off of the property. He informed Mr. Reid that Mr. Smith had filed an Intent to Cut and the cut report, and paid tax on the timber, in 2006. Mr. Brown reported that anyone is allowed to run whatever equipment/machinery they choose on their land, noting that that is not indicative of a commercial business. He invited Mr. Colby, Nottingham Building Inspector / Code Enforcement Officer to address Mr. Reid’s
concerns.
At 7:10 PM, Ms. Seaverns left the meeting
Mr. Colby informed Mr. Reid that it is not illegal to build on stumps, taking into consideration certain requirements, and that the Town of Nottingham does not oversee the drilling of wells. This is done by the New Hampshire Well Bureau. Mr. Colby reported that the stone wall issue is a civil matter when it concerns destruction of a stone wall between two private properties. He explained the process for code enforcement and noted that there have been no written complaints on the property to date.
Referencing the Zoning Board’s condition regarding the hours of operation, Mr. Anderson inquired about the term “operation.” Mr. Colby noted that the approval was before his time as a Town Official. It is his belief that Mr. Smith was operating a business on the property and that the approval of a commercial operation was related to that activity and not to Mr. Smith’s hauling on to or off of the property. Mr. Smith confirmed that in 2003 he received approval from the Zoning Board to manufacture and screen loam. This activity was to cease upon his retirement, which he had estimated would be when the loam he had at the time was gone. He has retained his equipment for services provided to the towns of Nottingham and Raymond, as well as private contractors. In
October 2008 he was hired by Newman Construction to remove materials from the Mill Pond Dam at Nottingham Lake, which he brought to his property for personal use. This work ended in April 2009. He has moved nothing off his property in at least three (3) years, although his retirement has been delayed due to the preparation for the pending subdivision.
Mr. Smith reported that his property has been monitored and inspected by the Department of Environmental Services (DES) at least once a year since he was found guilty of a wetlands violation in 2003, which he corrected to their satisfaction by returning the area to its original condition. These visits are not scheduled and he has not been in violation since. Mr. Colby confirmed that Mr. Smith has been granted subdivision approval by the State, which would not have happened if there were any outstanding violations or if there was concern over the condition of the property. Mr. Brown confirmed that the violation was assessed against Mr. Smith in 2003.
Acting Chair Bock invited the audience to speak. Mr. Simmons, owner of the property which sits between Mr. Reid and Mr. Smith, addressed the Selectmen. He believes that the complaints have been blown out of proportion. He acknowledged that Mr. Smith is running his equipment on the property for personal use. Mr. Simmons has no complaints about Mr. Smith’s activities.
Mr. Reid reiterated concerns over the property and past violations. Acting Chair Bock summarized, noting that past violations have been acknowledged by both the Town Administrator and Mr. Smith, that the violation was in 2003, and that there have been no violations since. Mr. Reid believes that Mr. Smith is still in violation of the agreement with the town in that he is operating his equipment throughout the year. Acting Chair Bock indicated that he viewed the approval of the commercial operation as a commercial operation taking place on the property, which Mr. Smith no longer operates. He acknowledged the two different views and the need to know the intent of the approval. Ms. Bonser, sitting in the audience, acknowledged the lack of any type of recourse, if in fact, the intent was for Mr.
Smith to not operate his equipment for any reason between November 30 and April 1. She suggested that if there was question of a violation, the issue be passed on to the Code Enforcement Officer, Mr. Colby. Mr. Colby informed all that the description for commercial use of property is “facilities for the sale, lease, trade or delivery of products or services”. Mr. Smith is working off-site and bringing material home for personal use. This is not commercial use of the property. Mr. Colby acknowledged that there is no noise ordinance in Nottingham and informed Mr. Reid that air pollution is enforced by DES – Air Division.
Acting Chair Bock closed public discussion. He informed all that he needed time to take the issue into consideration, acknowledging that Mr. Reid deserves answers and Mr. Smith deserves to know where the Selectmen stand on the issue. He invited Ms. Bonser to return to her seat at the table and stepped down as Acting Chair. Ms. Bonser resumed her seat at 7:50 PM. She thanked all participants for their input.
At 7:50 PM, Mr. Reid, Mr. Colby, Mr. LaPointe and Mr. Smith all left the meeting
7:15 PM – Public Hearing – Reduction of Parking Ticket Fine
At 7:50 PM, Chair Bonser opened the Public Hearing on the reduction of parking ticket fines.
Chair Bonser informed all that Chief Foss could not be here this evening and in his absence she read the minutes from his presentation to the Selectmen on July 20, 2009.
There was discussion around the economy and the thought that, due to the economy, many people are taking advantage of recreational opportunities in town. Mr. Brown acknowledged the parking issue in Nottingham. Chair Bonser invited the public to speak.
Mr. Seaverns took the mic. He does not understand the benefit of lowering the fines. He inquired as to what is being done to alleviate the parking issue. He believes that the groups that hold events should take some ownership of the problem and a resolution. There was discussion around the lack of space to put more parking. Chair Bonser and Mr. Seaverns would like to see the Dame School moved back to its location near the Grange and Old Town Hall, which would provide some space for parking. The old community garden space next to the Dame School would only provide another 30 or so spaces. Mr. Brown acknowledged that parking spaces could be increased but not by enough to resolve the issues. Mr. Anderson noted that those involved with baseball would like to see fields in
another area, which could alleviate parking issues at the Community Center. Mr. Seaverns inquired about bussing and again reiterated that he believes all groups who hold events should be part of the resolution. Chair Bonser thanked Mr. Seaverns for his comments. Mr. Seaverns stepped down.
Motion: Bonser, second Bock to close the public hearing.
Vote: All in favor. Motion passed 3-0.
The Public Hearing was closed at 7:59 PM.
Motion: Bock, second Anderson to reduce the parking ticket fine to $25.
Vote: All in favor. Motion passed 3-0.
7:30 PM – John Terninko, Resident – USA Springs Update
At 8:00 PM Chair Bonser acknowledged Mr. Terninko and invited him to the mic.
Mr. Terninko took the mic and informed the Selectmen that his agenda had changed since he found out that Mr. Brown had attended the hearing. He asked Mr. Brown to provide the update.
Mr. Brown informed all that the debtors had motioned for many changes, including resubmission for proof of claim from the creditors. The judge issued a number of conditions for the debtors to use in an amended motion and strongly suggested that the amended motion be written in layman terms. Mr. Brown reported that the town’s attorney received an amended motion a few days later. It was not what he had expected and he objected. The motion was again rewritten. The town had no objection to the re-write. The judge granted the motion. The town will not need to file a new proof of claim. The exclusivity period for filing a viable business plan has been extended by 45 days.
There was discussion about the interest rate on the taxes owed, two unknown interested parties who may provide financial backing (to USA Springs), ground water legislation, and Ecuador’s constitution. Chair Bonser suggested Mr. Terninko and Mr. Mills review the proposed ground water legislation. Ms. Chauvey will e-mail a copy to Mr. Terninko. Chair Bonser would like to discuss this at the next meeting. She does not like the proposed legislation.
At Mr. Mills’ inquiry, Mr. Brown reported that the next USA Springs hearing is scheduled for August 5, noting that that hearing will not take place if the parties are able to agree on the confidentiality statement. As of this date, Mr. Brown has not had any word on the hearing’s status.
At 8:25 PM, Mr. Terninko and Mr. Mills left the meeting
ADMINISTRATIVE BUSINESS Cont.
The Selectmen addressed the signature file.
Motion: Anderson, second Bock to sign the Management Representation letter for the 2008 audit.
Vote: All in favor. Motion passed 3-0.
OTHER BUSINESS
Chair Bonser asked the Selectmen to review the Community TV policy for comment at an upcoming meeting.
Mr. Brown addressed Mr. Anderson regarding recent Budget Committee minutes. He noted that, although some lines may be overdrawn in the Highway Department’s budget, the bottom line is not.
MINUTES
July 20, 2009 (Meeting)
Line 67: add used for.
Motion: Bock, second Bonser to approve the minutes of the July 20, 2009 meeting as amended.
Vote: All in favor. Motion passed 3-0.
OTHER BUSINESS Cont.
The Selectmen reviewed the change to the beach rules. Mr. Brown informed them that he added ‘not a boat launch or docking area’ to the second item. At Mr. Anderson’s inquiry, Mr. Brown clarified that the rule pertained to the swim area, not over by the dam. The swim area has been extended to deter this activity.
Motion: Anderson, second Bock to accept the Beach Rules as amended.
Vote: All in favor. Motion passed 3-0.
Mr. Bock reported that he plans to attend the LGC Conference scheduled for November 18-20. The other Selectmen will check their calendars.
Mr. Brown informed the Selectmen that he had received an inquiry from a Budget Committee member regarding registering for conferences/trainings. Ms. Chauvey reported that she had responded to the inquiry with the information that individuals should register themselves and request direct billing to the Town. Confirmation of registrations should be forwarded to the Town Office for verification of payment due. Registrants that are unable to attend a training they have registered for must cancel according to the presenter’s policy or they will be held responsible for any fees incurred by the town.
Having no further business,
Motion: Bock, second Anderson to adjourn the meeting.
Vote: All in favor. Motion passed 3-0.
Meeting adjourned at 8:40 PM.
Respectfully submitted,
Traci Chauvey
Recording Secretary
Approved as amended at the August 17, 2009 meeting.
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