Town of Nottingham
Selectmen’s Meeting
August 17, 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: Gene Reed, Resident
Others: Charles Brown, Town Administrator; Traci Chauvey, Recording Secretary; Bill Netishen, Resident; Charlene Andersen, Resident; Therese Thompson, Resident; Gail Mills, Resident; Judy Doughty, Resident; Chris Mills, Resident
ADMINISTRATIVE BUSINESS
Chair Bonser inquired about department reports.
Mr. Brown reported that the Building Committee has informed him that Eastern Cover-All, Inc. will be ready for delivery of the sand and salt sheds on September 3rd. The Road Agent has informed Mr. Brown that the site may be ready for delivery on that date; the Highway Department has been working on the site preparations. Mr. Brown does not have any information from NH Electric Co-op, yet, as to the cost of bringing electricity to the site.
Mr. Colby informed the Selectmen that Nottingham has received a request from the Census Bureau to participate in a program to identify new addresses and buildings in town. They need a response by October 8th. If Nottingham participates, the Census Bureau will supply all needed software and the town will have 45 days to complete the work. The cost to the town will be approximately 3 to 4 hours of Mr. Colby’s time. It appears that all the required work is administrative and not field work. Mr. Brown indicated that the work includes inputting of GIS data. Mr. Brown and Mr. Colby feel that participation is a positive for the town in the sense that there will be more accurate data for grant applications.
Motion: Bock, second Anderson to authorize Mr. Brown and Mr. Colby to act as representatives for the Federal Census program.
Vote: All in favor. Motion passed 3-0.
Mr. Colby provided an update on building permits. In 2008, there were a total of 198 permits issued with 12 of them being for new homes. To date for 2009, a total of 90 permits have been issued with 11 being for new homes. Mr. Colby has commitments for four (4) more new homes this year.
Mr. Colby reported that he has received many calls regarding fences this year. He has put together an informational packet to use as a hand-out and to put on the web site.
Mr. Brown reported that Nottingham Fire/Rescue is holding a training at the school this coming Saturday; therefore, the Recreation Department has moved their flag football and soccer programs to the Community Center fields.
Mr. Brown has been researching oil, LP, and diesel prices. Diesel is only offered at rack + .15¢, while LP and oil are offered at either a rack + price or a fixed rate. The rack price for LP is rack + .28¢ and the rack price for oil is rack +.20¢. Fixed prices are $2.472/gal. for oil and $1.72/gal. for LP. There was discussion about the pro’s and con’s of each method.
Motion: Bonser, second Anderson to lock in fuel costs for oil at $2.472/gal. and LP at $1.72/gal..
Vote: All in favor. Motion passed 3-0.
Mr. Brown noted that an environmental charge will increase these prices approximately two (2) or three (3) cents per gallon.
Mr. Brown has received an offer from DOT to supply the town with high resolution aerial photographs, at a cost. The Selectmen were not interested.
MINUTES
August 3, 2009 (Meeting)
Line 31: Change canvas to fabric.
Line 36: Add feet.
Line 38: Change The site is designed to withstand to Estimates for the geographical location are, and buildings to roofs.
Line 43: Add August 5.
Line 54: Add and to sign documents to order the buildings.
Line 64: Change Permit to Permits.
Line 67: Add Marc West.
Line 72: Change hearing to meeting.
Line 88: Incorporate the second sentence of the paragraph, which begins, “He referenced the conditioned approval...” into the first sentence, somewhere at the beginning.
Line 101: Add material.
Line 204: Remove filed an.
Line 238: Change meting to meeting.
Motion: Bock, second Anderson to approve the minutes of the August 3, 2009 meeting as amended.
Vote: All in favor. Motion passed 3-0.
Discussion: Mr. Brown noted that the material cover for the building is a vinyl coated fabric cover. Mr. Bock noted that the town does not have a Wetland Scientist on retainer.
APPOINTMENTS:
7:00 PM – Public Hearing – After The Fact Permit Fee
At 7:11 PM Chair Bonser opened the public hearing on the building fee schedule changes.
Mr. Colby explained that he was recommending changes to the Building Permits Fee Schedule; two (2) monetary changes and several wording changes. Monetary changes would affect the After the Fact Permit Fee and the Demolition fee. Ms. Chauvey informed all that she had not picked up on the Demolition fee change and had only publicly noticed the After the Fact fee change. The Selectmen determined that they would move forward with the After the Fact fee. Mr. Colby will address the Demolition fee next year.
There are more and more instances of building taking place without permits. The $100 fee is not a deterrent. Other towns charge two (2) to three (3) times the permit fee. Mr. Colby is recommending two times the permit fee. Mr. Colby read through the recommended wording changes. (See official file for recommended wording changes.)
Chair Bonser opened the hearing to public comment and got no response. She closed the public hearing at 7:19 PM.
Motion: Anderson, second Bock to accept the wording changes and After the Fact permit fee amount as recommended by Mr. Colby.
Vote: All in favor. Motion passed 3-0.
7:15 PM – Public Hearing – Recycling Center Policy
At 7:20 PM Chair Bonser opened the public hearing on the Recycling Center Policy.
Mr. Brown explained that concerns had been received regarding dump picking/scrapping, to which there was a flurry of response in favor of these acts. He informed all that there was an addendum to the Recycling Center Policy that had been moved into the policy and read that which had been incorporated. (See official file.) He summarized, noting that disposal cost for bulky waste is $76/ton. If people are removing these items, it saves the town money. He believes that the recyclable commodities being removed are a negligible amount to the Town. At Chair Bonser’s inquiry, Mr. Brown reported that metals, such as copper, are not separated. Chair Bonser raised the issue of people augmenting fixed incomes by removing copper and such and receiving premium prices at scrap metal
dealers. There was much discussion around this. Mr. Anderson, Mr. Bock, and Mr. Brown do not agree with this practice. Chair Bonser opened the hearing to public comment.
Ms. Andersen took the mic and addressed the Selectmen with several issues, some of which she referred to as word-smithing. She asked the Selectmen to consider changing the second paragraph from All Non-Recyclable Trash to all bagged non-recyclable trash, since there is a container for loose (non-bagged) recyclable trash. She noted that Styrofoam is a trade mark and recommended changing it to polystyrene foam. She recommended adding the disclaimer, “This list is not all-inclusive and is subject to change,” to paragraph five. For consistency, she suggested adding Town before Library in paragraph eight and removing the word Additionally at the beginning of paragraph nine. Acknowledging the liability, she believes that that the last sentence of
paragraph nine should say must not instead of should not. Ms. Andersen raised the issue of consistency and the need to label containers in the policy the same way they are labeled at the Recycling Center. She voiced concern over the last two sentences of paragraph ten, noting that if the policy states it is ok to ask for something, this sets a policy that allows for scrapping. There was much discussion around this paragraph and its intended purpose. Ms. Andersen does not like being followed around the Recycling Center by individuals, especially those she cannot identify as residents of Nottingham. She feels that things thrown into any of the containers is town property once it is in the container. When she discards recyclables, such as scrap metal, she does it with the intent of helping the town generate revenue to offset costs of items that cannot be recycled. In paragraph eleven she suggested replacing have been and will
remain with are. There was discussion about what types of items should/should not be left in the swap shop or outside of a container. Ms. Andersen recommended adding examples of items to be left in/at the swap shop. Lastly, as a future consideration, she suggested either increasing the permit fee by $1 to be put towards clean-up of Freeman Hall Road or recruiting the Boy Scouts, noting that much litter/debris accumulates on the road to either side of the Recycling Center. Mr. Bock inquired as to what expectations there are of staff to keep the area clean. They are expected to keep the access area and the center itself in order, not the road. Chair Bonser and Mr. Bock are not in favor of increasing the permit fee as they feel that the $1 identifies a person as a resident, covers the cost of the sticker, and does not discourage recycling. There was discussion around other methods of trash disposal and education.
Ms. Andersen stepped down. Mr. Reed took the mic.
Mr. Reed offered to adopt Freeman Hall Road from Stage Road to the Recycling Center. Mr. Brown informed him that he would need to check into the laws surrounding adoption of road sections as there is a liability to the town involved in those roadside clean-up programs. It was noted that there is no law against a citizen picking up trash on the side of the road. There was discussion around staffing issues. At Ms. Bonser’s inquiry, Mr. Reed stated that he believes signs should be hung at each container site informing all that there is to be no entrance to the container and that if the policy is not adhered to, Recycling Center privileges may be suspended and/or revoked.
Mr. Reed stepped down. Chair Bonser asked for any further public comment. There was no response.
Motion: Bonser, second Bock to recess the public hearing until 7:30 PM on August 31, to allow time to make recommended changes.
Vote: All in favor. Motion passed 3-0.
The public hearing was recessed at 7:52 PM.
7:30 PM – Gene Reed, Resident – Follow up on Town Owned Property
At 7:52 PM Chair Bonser acknowledged Mr. Reed and invited him to the mic.
Mr. Reed explained that he was here to follow up on issues he raised around the Lee property at the meeting he attended in April. He inquired as to whether or not legal opinion had been sought. Mr. Brown informed Mr. Reed that he had not requested a written opinion from the attorney as he did not dispute what Mr. Reed had read but rather Mr. Reed’s interpretation. Mr. Brown acknowledged that he had paraphrased when discussing the RSAs surrounding the issue. This is something he will do less of in the future; rather referring individuals to the RSA’s so that they may interpret them themselves. Mr. Reed expressed disappointment at not having an answer as to whether the Town owns this property outright. There was much discussion around the Selectmen’s and Town
Administrator’s understanding of the process and whether or not the Town had a clean title to the property. The Selectmen and Town Administrator do not feel that there is a clear title at this time. Mr. Reed wants an answer to this, noting that it takes 25 signatures for a special Town Meeting. There was more discussion around the conversations with the Attorney General’s Office and the Selectmen’s understanding of the agreements made. Mr. Reed was directed to Book 5006 Page 1548 at Rockingham Registry of Deeds to review the Court Order of the State’s lien. There was discussion around the State’s expectations for use of the land, should the Town become the owner of the property. Mr. Reed reiterated that Mr. Lee no longer owns the property and voiced concern of the State’s increasing penalties over the next two years, questioning why the Town would take on an open liability. He would like to see the Town
contain costs as much as possible. He is not comfortable with a verbal agreement made with the State and is concerned that due to the economy, the State may request all funds due. Mr. Bock agreed that there is validity in Mr. Reed’s questions and again acknowledged the need for a clarification and a legal opinion on the ownership of the property.
Chair Bonser acknowledged Mr. Netishen and invited him to speak. Mr. Netishen asked Mr. Reed if he had a legal opinion. Mr. Reed indicated that he has questions as a resident and it is the Town’s responsibility to answer those questions. There was discussion around the clarity of RSA’s, the workload of the courts, and the State’s honoring of the agreements made with the Town in regards to this piece of property. Mr. Brown read from RSA 80:89 Paragragph II. There was more discussion about whether Mr. Lee has the right to repurchase the property within a three (3) year period. Chair Bonser informed Mr. Reed that the Selectmen would seek a legal opinion as to who owns the property and the rights and liabilities of the owner. This discussion will continue on
September 14, 2009 at 7:45 PM.
There was much discussion around intent for the property. The Selectmen informed Mr. Reed that their intent throughout the whole five (5) years has been to retain the property for Town use. Mr. Reed referenced the authority given to the Selectmen at Town Meeting in 1990 to dispose of the property without public input. He acknowledged that this was his main concern. He wants the residents to have input and asked the Selectmen to pledge that nothing would happen without a public hearing. Chair Bonser informed Mr. Reed that absolutely no determination would be made without a public hearing.
Mr. Reed inquired about the dumping of horse manure on the property. Mr. Brown informed him that this is no longer happening. Mr. Reed inquired about wastes still left on the property. Mr. Brown informed him that there are five (5) gallon buckets of barley malt extract and other items of solid waste but to the best of everyone’s (Town and State Officials) knowledge, there is no more hazardous waste. Mr. Reed inquired about access to the gravel pit granted to another resident. Mr. Brown informed Mr. Reed that this has not been formally addressed, although he has spoken to the owner of the gravel pit. Mr. Reed asked if it was a recorded right-of-way. Mr. Brown responded that he did not believe it was. Mr. Reed asked if the gravel pit has an Intent to Excavate on
file. Mr. Brown indicated that he did not know the answer to that, noting that he was not sure how much excavating was taking place. Mr. Reed informed him that one (1) yard requires an Intent to Excavate.
Chair Bonser closed the discussion and informed all that this discussion would resume on September 14, 2009, at 7:45 PM, at which time the Selectmen would have a written legal opinion.
Mr. Reed stepped down at 8:37 PM.
OTHER BUSINESS
Chair Bonser inquired as to whether Mr. Brown had heard anything regarding the transformer on Halls Way. Mr. Brown reported that he had not; his contact is on vacation.
Chair Bonser acknowledged a letter from Mr. Charles Reid. The Selectmen will address the letter at the next meeting.
The Selectmen reviewed the budget guidelines presented by Mr. Brown. The following discussion took place in regards to budget topics. Mr. Bock inquired about the heating situation at the fire station. Mr. Brown informed them that the issues have been somewhat resolved. There are still issues with some areas being too cold. Chair Bonser raised the issue of maintenance on the historical buildings. She requested that Mr. Brown schedule a meeting with the Historical Society to discuss fundraising. Mr. Brown noted that staffing/volunteerism remains an issue. Chair Bonser noted that the CIP Committee will need to meet sometime around October 1. Mr. Brown informed the Selectmen that he did not intend to do a Request for Proposals for the insurance this year. There was
discussion around the printing lines. Mr. Brown noted that it varies year to year due to several factors including the Town Report. Mr. Brown informed the Selectmen that although the General Assistance budget is doing ok at the time, assistance activity is high and increasing. Mr. Brown would like to see the town form a technology plan. The Selectmen approved the guidelines to be distributed to department heads. Chair Bonser will contact the CIP Committee and let department heads know that all requests must be submitted by October 1.
Mr. Brown informed the Selectmen that he has spoken with Cynthia Copeland from Strafford Regional Planning Commission. He will forward their initiatives to the Selectmen.
Chair Bonser addressed the proposed groundwater withdrawal legislation. (See official file.) She voiced concerns at the proposal as written. Mr. Bock encouraged her to make contact with someone in the State to address their issues.
The Selectmen reviewed correspondence and signed a check for the school.
Mr. Brown informed the Selectmen that he had received the final ok from DOT on Back Creek Bridge. He reported that Mill Pond Bridge is moving along, although slowly.
Mr. Brown informed the Selectmen that a jury trial has been requested in the suit that was placed against the Town in small claims court.
The Selectmen approved a $50 dollar donation towards the gift for Mary Currier’s retirement. Mary Currier, Rockingham County Conservation District, has been an instrumental figure for the Town of Nottingham.
Mr. Brown informed the Selectmen that he received a report of Volatile Organic Compound (VOC) contamination in a well off McCrillis Road. It is being monitored by the State.
Chair Bonser would like to put the Public Access policy on the agenda for the next meeting as a tentative topic of discussion, noting that it may require a workshop.
Having no further business,
Motion: Anderson, second Bock to adjourn the meeting.
Vote: All in favor. Motion passed 3-0.
Meeting adjourned at 9:25 PM.
Respectfully submitted,
Traci Chauvey
Recording Secretary
Approved as amended at the September 14, 2009 meeting.
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