Town of Nottingham
Selectmen’s Workshop
October 19, 2009
6:34 PM Chair Bonser opened the meeting and asked all those present to stand for the Pledge of Allegiance.
Members Present: Mary Bonser, Gary Anderson, Peter Bock
Others: Charlie Brown, Town Administrator; Traci Chauvey, Recording Secretary; Chris Mills, Therese Thompson, John Terninko, Charlene Andersen, Mike Russo, Resident; Bonnie Winona, Resident; John Knorr, Resident; Patrick Pickford, Resident; Julia Cook, Milton Resident; Stan Ellis, Barrington Resident; Kelley Ellis, Barrington Resident; Judy Doughty, Resident
DISCUSSION AROUND WATER ISSUES:
Chair Bonser thanked everyone for coming on short notice and proceeded to inform all that she thought it was time Nottingham start talking about the water issues. She read a prepared statement of facts and opinion regarding large groundwater withdrawal, USA Springs, Nottingham’s experience with this issue, and the water ordinance. She read Part First Article 10 of the New Hampshire Constitution. Noting that this was a huge undertaking, she then read a prepared ‘Motion To Consider Seceding From The State of New Hampshire.” See official file for Chair Bonser’s written introduction and motion. She then asked for comment from the other Selectmen.
Mr. Bock asked Chair Bonser to clarify the meaning of a cost benefit analysis. Chair Bonser informed Mr. Bock that it is her intent to look into how much money is received from the State vs. how much money is paid in. She wants to know what the cost of secession would be to residents of the town. Mr. Bock inquired as to why Chair Bonser felt this move should be made at this time, noting that USA Springs is in and has been in bankruptcy; the outcome is unknown. They discussed what has taken place with the bankruptcy and the fabrications/exaggerations that have come out of the process. Chair Bonser feels that it has nothing to do with who owns the property. She wants to make sure that everyone, including investors, knows that Nottingham is not in favor of this large groundwater
withdrawal. She further stated that there are pending rule changes that continue to exclude towns from having any input in the matters of large groundwater withdrawals. Chair Bonser noted that secession is something she has been considering for a long time. She does not feel that mere consideration is too soon and noted that it may express Nottingham’s deep opposition to the State. She feels that there is no better time to see if secession is feasible. There was more discussion around the motion proposed by Chair Bonser.
Chair Bonser clarified that she wants a motion from the Selectmen to research all avenues of secession from the State of New Hampshire. At Mr. Bock’s inquiry, Ms. Bonser stated that the cost of this research would be borne by the town. Mr. Anderson sees no harm in looking into costs but sees no rush. Mr. Bock inquired about Chair Bonser’s vision for the process of consideration. There was discussion around feedback and involvement from all Town officials. Chair Bonser indicated that everyone’s opinion would be needed in this process.
Mr. Anderson asked if there were other avenues the Selectmen should be looking into. Chair Bonser stated that all other avenues have been exhausted. She feels the Selectmen should hand deliver the motion to the Governor. She is concerned that the Governor may be looking to balance the State budget through taxation on water withdrawal. Chair Bonser wants Nottingham to reach out to other towns to see if they are interested in joining with Nottingham as this will make the plight more serious.
Mr. Bock noted that he has a difficult time with Chair Bonser’s terminology; in particular, the use of “...Seceding from the State of New Hampshire.” He is willing to look at options to resolve the water issue but he is not willing to sign something that says “...Seceding from the State of New Hampshire.” He wants to see how the current situation with the bankruptcy plays out.
The Selectmen determined that there would be no decision tonight. This talk will continue at the regularly scheduled meeting on Monday, October 26, 2009. Chair Bonser asked for public input.
Mr. Russo informed the Selectmen that he had/has a hard time hearing the Selectmen refer to the water ordinance that was passed at Town Meeting in March of 2008 as unenforceable. He asked the Selectmen to stop saying this publicly as people come to believe it as fact. He informed all that the US Supreme Court, the authoritative body, has not determined the ordinance to be unenforceable. He further stated that secession is something he has considered for some time and thanked Chair Bonser for raising the issue. Mr. Russo left the meeting at this time.
Mr. Mills inquired as to why Chair Bonser would invoke Article 10 as a reason for seceding when the Selectmen do not acknowledge it as a reason for the water ordinance. Chair Bonser re-read Part First Article 10 of the New Hampshire Constitution and then informed Mr. Mills that the article does not say that you can continue to work within the same framework. There was discussion around the water ordinance and its standing. Chair Bonser feels that enforcing the water ordinance will be a long and expensive trip to the US Supreme Court. Mr. Terninko informed Chair Bonser that Nottingham has a lawyer, for free, that is willing to take this all the way to the US Supreme Court, and the Tea Party has sent letters to the creditors of USA Springs making them aware of the ordinance. They have been
doing due diligence. Ms. Winona noted that if Nottingham loses its water, the cost to the Town will be much higher than enforcing the ordinance. She would like to see the town unite. There was more discussion around the water ordinance, Part First Article 10 of the New Hampshire Constitution, and Chair Bonser’s motion to consider secession.
Ms. Winona does not see much difference between Chair Bonser’s proposal and what the people did with the water ordinance, noting that a movement must come from the people. She commented on a concern that Chair Bonser’s motion put the water under the care and oversight of the Selectmen where the water ordinance put it under the people of the town. Chair Bonser noted that the water ordinance was/has been ignored at the State level, adding that the motion to consider secession would have to be addressed. She explained that her proposal would put the water under the guardianship of the Selectmen only temporarily, noting that the proposal requires the Selectmen to report their findings to the residents by February of 2010. Mr. Bock noted that the water ordinance deals with a specific
political purpose where Chair Bonser’s proposal addresses a broader issue encompassing the rights of the municipalities and their residents. He is concerned about cost but more inclined to support the secession proposal than the water ordinance.
At Mr. Mills inquiry, Chair Bonser indicated that if secession were to come about, the BOS would consider embracing much of the New Hampshire Constitution for Nottingham. He agreed that there is much good within it.
Mr. Mills informed all that Newington had attempted secession and recommended contacting those involved to discuss their experience and processes.
Chair Bonser feels that the town needs to concentrate on its water and unite under protection of same. Ms. Thompson agrees that it is not too early to let all know that Nottingham is not in favor of USA Springs. She feels we need to concentrate on the fact that the State has not listened to our concerns or the scientific data. Mr. Bock voiced concern over burdening the town with the cost. Chair Bonser wants to make a public statement that says we will not allow this (large groundwater withdrawal) in our town.
There was discussion around whether the Selectmen would consider writing to the attorneys involved with the bankruptcy to inform them that Nottingham is not 95% in favor of the project. Chair Bonser does not feel this is the right move. She wants to make a public stance and hand deliver the motion to the Governor’s office.
Ms. Ellis, a Barrington resident, inquired about confederation of towns. Chair Bonser noted that it had been tried. There was discussion around having plenty of shoreland protection but no protection for drinking water. Mr. Terninko noted that the commonality between towns that are having difficulties with the State of New Hampshire is towns’ rights and citizens’ rights. He believes that towns may come together if talks are general, such as rights of the community, instead of being about water.
Mr. Bock noted the lack of media representation for Nottingham. There was discussion around Foster’s prior coverage which recognized Nottingham in the issue and current coverage which refers to USA Springs as a Barrington/Northwood issue. He feels that Nottingham needs to get the word out that we are not in favor of this, noting that he does not want to make a fool of the town nor does he want to be fooled.
Mr. Hadley, a Northwood resident and Chairman of Neighborhood Guardians, encouraged the Selectmen to enforce all town ordinances and keep an eye on the State permits. He informed all that he had attended a meeting of the Groundwater Commission, noting that Bill McCann is co-chair of a sub-committee making recommendations to give more local control on large groundwater withdrawals. There was discussion around Mr. McCann and the work his sub-committee is doing. This sub-committee will meet October 29 at 2:00 PM to finalize their final recommendations. Mr. Hadley applauded Chair Bonser’s proposal.
Ms. Thompson informed all that she had recently attended a conference where she became aware that the State of Vermont has a State law that no one can own groundwater. She noted that this is an international problem. Mr. Bock inquired about pre-existing ownership. Ms. Thompson offered to look into the law.
Ms. Andersen would like to see item number seven of Chair Bonser’s proposal reworded. She recommended removing In the interim and replacing through its Board of Selectmen with through the water rights ordinance. Chair Bonser noted that the recommended change would put the Selectmen in the position of having to defend the water ordinance. Ms. Andersen indicated that they should defend the water ordinance. Chair Bonser feels that this will complicate matters. There was discussion around what could happen under the proposed motion as written. Chair Bonser reiterated that guardianship of the water would terminate in February 2010.
There was further discussion around media coverage and the Vermont law.
Chair Bonser tabled the discussion until Monday, October 26, 2009 at 7:15 PM. The public left the meeting at this time.
The Selectmen discussed the Tax Rate setting meeting set for tomorrow at DRA.
Having no further business,
Motion: Bonser, second Bock to adjourn the meeting.
Vote: All in favor. Motion passed 3-0.
Meeting adjourned at 7:55 PM.
Respectfully submitted,
Traci Chauvey
Recording Secretary
Approved as amended at the November 23, 2009 meeting
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