Town of Nottingham
Selectmen’s Meeting
October 26, 2009
6:30 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: Eugene Reed, Jason Neuman, John McSorley, residents and members of the Board of Assessors
Others: Charlie Brown, Town Administrator; Traci Chauvey, Recording Secretary; Robert Sprague, Edward Ward, Charlene Andersen, Laura Clement, Florence Chamberlain, Mark Carpenter, Susan Jackson-Rafter, Hal Rafter, Patricia Roix, Judy Doughty, Gail Mills, Chris Mills, John Terninko, Beverly Caldon, Bonnie Winona, Patrick Pickford, John Knorr, Terry Bonser, Brian Stucker, all residents of Nottingham; Tricia Peone; Clynton Namuo, Reporter; Pete O’Brien, Freemont resident; Bill McCann, Dover resident and member of the Groundwater Commission sub-committee; Jim Hadley, Northwood resident and Chairman of Neighborhood Guardians; Gail Darrell, Ctr. Barnstead resident and CELDF staff member
ADMINISTRATIVE BUSINESS
Mr. Brown informed the Selectmen that there were several documents in the signature folder this evening requiring action. The current appointments for Fire Warden, Deputy Fire Warden, and Issuing Agent expire in December 2009. Jaye Vilchock, Chief, Nottingham Fire Rescue submitted several recommendations. The Planning Board submitted a recommendation for bond release on Anna Lisa Way and O’Brien Way; an engineering report was included with the recommendation. Joy Bicknell has resigned as Library Trust and the remaining Trustees have submitted a recommendation for appointment to fill the vacancy. NH Electric Cooperative has submitted a pole license. The Selectmen reviewed all documentation.
Motion: Anderson, second Bock to accept the recommendations from Chief Vilchock and make the following appointments: Forest Fire Warden – Jaye Vilchock; Deputy Forest Fire Wardens – Russell Blaney, Joshua Boyle, Heidi Carlson, Kris Parece, Mark Pedersen, Sandra Vilchock, Joshua Andrew Stevens, John Trumbull, Jr., Matthew Curry, Robert Desrosiers, Dan Elliott, Phil English, Jr., Jack Myers, and Nelson Thibault; Issuing Agent – Judith Thibault.
Vote: All in favor: Motion passed 3-0.
Mr. Brown noted that he had received some inquiries on Deerfield Road completion. He announced that Deerfield Road will not be completed this year as it is too late in the season and we are still waiting for the power company to move some lines. Mill Pond Bridge is competed and all documentation has been submitted to FEMA for re-imbursement. He informed the Selectmen that the State had picked up 80% of the cost for the installation and removal of the bailey bridge (total was over $60K) but that the 19 month rental cost the town over $10K.
Mr. Bock announced that Trick-or-Treat was this coming Saturday from 5:00 to 7:00 PM.
Mr. Brown informed the Selectmen that the new sand and salt sheds are complete. He is holding final payment until the install company responds to his latest e-mail.
Mr. Bock inquired about budget review. Mr. Brown informed him that he does not, yet, have a packet to distribute to the Selectmen but has received budgets from most of the department heads.
Motion: Anderson, second Bock to release the bond on Anna Lisa Way and O’Brien Way for developer Berry Road Realty Trust in the amount of $61,415.00.
Vote: All in favor. Motion passed 3-0.
Motion: Bonser, second Bock to appoint Kathleen Matthews as Library Trustee to fill the seat vacated by Joy Bicknell until the next election in March 2010.
Vote: All in favor. Motion passed 3-0.
Point of Order: Ms. Clement informed the Selectmen that she was having difficulty hearing them and asked that they speak louder and speak to the audience, not each other. She also requested that they place the sign in sheet closer to the door. Mr. Bock acknowledged that he has received several comments that the people listening from home cannot hear.
Motion: Anderson, second Bock to sign the Petition and Pole License from New Hampshire Electric Co-op for pole #2732-T located on Stevens Hill Road.
Vote: All in favor. Motion passed 3-0.
APPOINTMENTS:
7:00 PM – Board of Assessors – 2010 Contract Award Update
At 6:53 PM, Chair Bonser acknowledged John McSorley, Gene Reed, and Jason Neuman. They were invited to the mic.
Mr. McSorley informed the Selectmen that three bids had been received for the 2010 assessing contract. Pervis bid $90K, Cross Country bid $65K, and Commerford, Neider, and Perkins (CNP) bid $79.8K. After reviewing the bids and interviewing two of the three bidders, the Board of Assessors felt that CNP was best equipped to handle the town wide revaluation that will take place in 2010 and negotiated a price of $69.7K. A vote was taken to award the contract pending the Selectmen’s approval. At Mr. Bock’s inquiry, Mr. McSorley informed the Selectmen that there will be no change of services with the reduced quote. CNP is familiar with Nottingham, the staff, and processes having serviced us for the past two years.
There was discussion around the process that will take place in 2010. Mr. McSorley explained that the NH Constitution and state law requires town-wide re-evaluation at least every five years. This process entails a sales analysis of the entire town which will include sales from April 2008 and newer. CNP will analyze the sales and build a model for Nottingham’s mass appraisal system. Values will be set, reset, checked, and submitted to the Board of Assessors for approval. The Board of Assessors will be involved with quality control. They will do a parallel analysis to be sure CNP’s is within reason.
At Mr. Anderson’s inquiry, Mr. McSorley noted that his career had been in the appraisal business and he is familiar with most of the companies. CNP had the best presentation and the Board of Assessors feel that continuity is needed for this important phase of setting new values.
Chair Bonser commended the Board of Assessors for negotiating the contract price and inquired as to whether Mr. McSorley has seen a diminution of values. He has not, at this time. There was discussion around Nottingham’s equalized ratio for the past five years. The Board of Assessors estimates that it will be somewhere around 114% to 116% for 2009, which puts values approximately 12% to 14% lower than in 2005. This will be corrected moving forward as the new values should reflect the reduction in values next year. There was discussion around staffing issues at the Department of Revenue Administration (DRA). Mr. McSorley noted that DRA is always understaffed for the work they do and there are no perceived issues for Nottingham with the changes that are taking place.
Motion: Bock, second Anderson to accept the Board of Assessors recommendation to award the 2010 assessing contract to Commerford, Nieder, and Perkins.
Vote: All in favor. Motion passed 3-0.
7:15 PM – Discussion of Secession Proposal
At 7:15 PM Chair Bonser opened the discussion on her motion to secede the State of New Hampshire.
Chair Bonser recognized Steve Conklin who was sitting in for Barrington’s Town Administrator, Carol Riley, and Bill McCann who sits on the Groundwater Commission set up in relation to SB 155. She noted that she had received an e-mail earlier this day in relation to positive developments regarding town’s rights. She noted that she would ask Mr. McCann to speak to the issue this evening. She also noted that she had been unaware that the session at the Statehouse had included a bill to secede the union. The motion failed by a vote of 150 in favor and 216 opposed. She believes that the small margin indicates the level of frustration in the legislature. Chair Bonser reminded all that Newington had considered secession in the past when being unfairly taxed as a donor town and that
there had also been consideration to secession when Onasis wanted to put an oil refinery off Durham Point.
Chair Bonser read a prepared statement. She stated for the record that the disagreement is with the State of New Hampshire and the Department of Environmental Services (DES), not with the applicants who are trying to establish businesses. All applicants are treated with respect as was the applicant for USA Springs. She noted that this is an important distinction. She gave a brief history. The town hired Dr. Ballestero to review the proposal and was stunned by his conclusion. DES listed 27 reasons not to issue the permit. The governor changed and so did thinking at DES. Chair Bonser read sections of Dr. Ballestero’s report. (See official file.) Dr. Ballestero recommended denial of the permit based on non-compliance with two DES rules, ENV WS388 and
ENV-WS389.15, among other things. DES has never rebutted Dr. Ballestero’s report. Chair Bonser equated the severity of the situation to new homes being built.
Chair Bonser proposed to withdraw her motion without prejudice, if the Board of Selectmen were in agreement to hold a public meeting with the Attorney General, sponsors of the water ordinance, and the public to find out why the water ordinance is not legal and what the people can do to make it legal, and to explain Part First Article 10 of the NH Constitution to the Selectmen. Chair Bonser made it clear that she is not pleased with the Attorney General’s response to things that have taken or are taking place in Nottingham. She also wants the selectmen to contact the Governor’s office to investigate charges in Dr. Ballestero’s report that DES failed to follow its own rules in issuing a permit that was detriment to the people and town of Nottingham, as well as others. She asked for
comment from the other selectmen.
Mr. Bock acknowledged the import of allowing people to speak to the issue. The Selectmen agreed that Mr. Bock would take over as Acting Chair to give Ms. Bonser the opportunity to respond to questions/comments since it was she who had put the motion forth.
Acting Chair Bock made a brief statement noting that there have been many accusations and allegations along the way with USA Springs, and listed several. He does not necessarily believe the claim that USA Springs will be rescued any more than the other claims. He read a letter from Jim Hadley regarding the status of the local building permit. He would like to see how the current situation unfolds.
Mr. Anderson noted that this situation is a new experience for him. He hopes that there are avenues, other than secession, to pursue. He acknowledged the importance of the situation and asked that all try to put their emotions aside so as to be able to look at the facts and move forward.
Acting Chair Bock asked for public input, noting that the timer would be set for two minutes per person.
Mr. Terninko read some quotes and voiced his opinion that the water ordinance and secession are Nottingham’s only options.
Mr. Hadley referred to the letter Mr. Bock had read and informed the Selectmen that the Neighborhood Guardians are asking the Board of Selectmen to enforce local ordinances in regards to the building permit. He informed Ms. Bonser that he would encourage a meeting with the Attorney General. He noted that the Deputy Commissioner was appointed by Benson and seems to be the driving force in that department. He hopes that the new Attorney General will look at things differently.
At Ms. Clement’s inquiry, Ms. Bonser confirmed that she has withdrawn her motion to consider secession without prejudice. Ms. Clement feels there is no reason to be concerned at this time.
Mr. McCann introduced himself as a member of Save Our Groundwater and one of two public members appointed by the Governor to the Groundwater Commission. He spoke of the work they are doing and the changes that are being recommended. Mr. McCann noted that in 2002 the Rockingham Court very clearly, in 485C, intended for towns to have input on large groundwater withdrawals. Mr. McCann has recommended changes based on this premise. DES has come with their own recommendations, which would again pre-empt towns. There will be a work session of the commission on Thursday, October 29, 1:00 PM, in Room 102. Anyone is welcome to attend but it will not be an open meeting. The public will not be allowed to speak. He encouraged people to contact Senators Cilley or Barnes or State Reps.
Judith Spang or Tom Bucco. At Ms. Bonser’s inquiry, Mr. McCann stated that nothing has come forward in regards to taxation of large groundwater withdrawal, which would be used to balance the state budget. He has heard that the commission is tasked with looking at consumptive use but, again, nothing has come forward. Ms. Bonser voiced concern that the state will be less likely to support Nottingham with the water issue if the Governor is looking to balance the budget by taxing large groundwater withdrawals.
Mr. Mills takes issue with Ms. Bonser not recognizing Part First Article 10 of the NH Constitution as a reason to support the water rights ordinance. He noted that when someone becomes an attorney they take an oath to uphold the laws of the State. The water ordinance challenges some of those laws. Attorneys are bound by their oath to say that it is illegal. He encouraged the selectmen to support and enforce the water ordinance and informed them that the Tea Party is as frustrated with the selectmen as the selectmen are with the state.
Ms. Winona believes that we can solve the problem if we all stick together.
Ms. Darrell, resident of Center Barnstead and staff member of CELDF, acknowledged appreciation of the insight shown and noted that she has helped Center Barnstead, Atkins, Barrington, and two towns in Maine pass similar water ordinances. She informed all that the people decide what is law and that corporations should not have governing authority. People need to correct what is wrong.
Ms. Mills acknowledged Ms. Bonser’s plight in stepping forward with the proposed motion, noting that it was very similar to her situation with the water ordinance. She asked that the Selectmen leave the legality of the water ordinance to the court and not the Attorney General. Ms. Bonser noted that she only wants to ask him how he came to his conclusion that it is illegal. She is concerned that the water ordinance has been so marginalized that it will not make it to court. Ms. Mills would welcome the meeting but noted for the record that the Attorney General does not have the last word on the ordinances legality.
Mr. Sprague believes that threatening secession is a tactic. He voiced concern that people may have risen to the challenge. He questioned what would happen to the 179 Nottingham children that are on Healthy Kids insurance through the State of New Hampshire or if Ms. Bonser had considered what would happen to property values if the outside world took the threat seriously.
Ms. Doughty made an emotional plea for the selectmen to take the issue seriously and follow through.
At Ms. Andersen’s inquiry, all three selectmen denied being contacted by any attorneys threatening a law suit if they were to move forward with the proposal.
Motion: Bonser, second Anderson to withdraw the proposal to consider secession from the State of New Hampshire without prejudice provided that the Board of Selectmen agree to set up a meeting with the Attorney General to explain why he has publicly stated that the ordinance voted in by the people of Nottingham is not legal in his opinion and to explain to the Board of Selectmen the purpose of Part First Article 10 of the NH Constitution.
Discussion: Mr. Bock asked if there was any precedence to indicate that the Attorney General will provide a representative for a meeting. Mr. Anderson made a point to clarify that the selectmen would attempt to follow up but they could not guarantee attendance by the Attorney General. Mr. Bock asked Ms. Bonser and Mr. Brown to follow up with the request. Mr. Terninko noted that someone from CELDF will attend to ask specific questions. Mr. Hadley informed the Selectmen that they will receive a better response by contacting the Governor’s office to request the meeting. He recommended they call Jeff Meyers, the governor’s new council. There was more discussion around the public meeting. Mr. Bock noted for the record that the community will be informed of all
contact or attempted contact.
Vote: All in favor. Motion passed 3-0.
Ms. Bonser announced that she had one more request. She wants the selectmen to contact the Governor’s Office to begin an investigation into allegations that DES failed to follow its own rules during the permitting process. Mr. Bock suggested they tackle one thing at a time.
At 8:44 PM Mr. Bock closed the discussion and handed the Chair seat back to Ms. Bonser.
Chair Bonser thanked all for coming and providing input. There was lots of talk as everyone began to leave. At 8:45 PM Chair Bonser called a break. She reconvened the meeting at 8:51 PM.
Mr. Brown informed the Selectmen that Jaye Vilchock, Chief, Nottingham Fire/Rescue Department was requesting a non-public meeting. He cannot meet prior to 6 PM. The selectmen determined that they would meet with him in non-public on Thursday, October 29, at 7 PM. Mr. Brown will be attending a seminar Thursday morning but expects to return by 1:30 PM.
Having no further business,
Motion: Bonser, second Bock to adjourn the meeting.
Vote: All in favor. Motion passed 2-0.
Meeting adjourned at 8:57 PM.
Respectfully submitted,
Traci Chauvey
Recording Secretary
Approved as amended at the February 1, 2010 meeting.
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