Town of Nottingham
Selectmen’s Meeting
September 14, 2009
6:28 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: Jack Caldon, Dave O’Brien, Amy Plante, all from Nottingham School Board; Michelle Carvalho, Nottingham School Principal; Michael Ludwell, Acting Superintendant, SAU 44; Patricia Roix, Resident; Brenda Wilbur, Resident; Tim Jarvis, Resident; Patricia Morris, Attorney, Animal Law; Paul Colby, Building Inspector / Code Enforcement Officer
Others: Charles Brown, Town Administrator; Traci Chauvey, Recording Secretary; Gunnar Foss, Chief of Police; Charlene Andersen, Resident; John Terninko, Resident; Gail Mills, Resident; Chris Mills, Resident; Judy Doughty, Resident
NON-PUBLIC SESSION
Point of Order: The Selectmen, Town Administrator, Recording Secretary, Chief of Police, and Deputy Fire Chief were the only people present at the start of the meeting. The Deputy Fire Chief left the meeting during the following motion.
Motion: Bock, second Anderson to enter non-public under 91-A:3 II (c).
Vote: Bonser – yea, Bock – yea, Anderson – yea. Passed by roll call: 3-0
The Selectmen entered non-public at 6:29 PM.
Motion: Bonser, second Bock to exit the non-public session.
Vote: Bonser – yea, Bock – yea, Anderson – yea. Passed by roll call: 3-0.
The Selectmen exited the non-public session at 6:44 PM.
Motion: Bock, second Anderson to seal the minutes of the September 14, 2009 non-public session.
Vote: All in favor. Motion passed 3-0.
ADMINISTRATIVE BUSINESS
Mr. Brown reported that the pad for the sand and salt sheds is ready. He is still waiting for a call back on the power issue.
Mr. Anderson inquired about Mill Pond Bridge. Mr. Brown reported that he expects a binder coat of paving this week. Chair Bonser made a public announcement that the bridge is not safe and asked that all people stay off it until it is complete.
Mr. Brown informed all that he is waiting for the wetlands permit for Back Creek Bridge. The Highway Department has ordered the cement structures and hopes to have them in by mid-October. Fairpoint Communications has been out there; they are moving a pole from the right side to the left.
Mr. Bock reminded all that Nottingham Day is scheduled for this Saturday, September 19, with a road race beginning at 9:00 AM and festivities at the school opening to the public at 10:00 AM. There was discussion around activities. Mr. Anderson was appointed as the Selectmen’s Rep to sit as a judge for the Cupcake Contest.
The Selectmen addressed the signature file signing two checks.
Mr. Bock announced a folk, gospel, and rock concert to be held at the Nottingham Universal Church on October 3, 2009. The concert, the 2009 1st Annual New Hampshire Poetry Studio Word Fest, is a community launching of the Epping High School’s 2010 Scholarship. The event is open to the public.
Mr. Anderson announced that the Fire and Rescue Department will be hosting an Open House on October 10, 2009 from 9:00 AM until 2:00 PM.
APPOINTMENTS:
7:00 PM – Nottingham School Board – Open Discussion
At 6:59 PM Chair Bonser acknowledged Jack Caldon, Chair, Nottingham School Board, and invited the School Board Representatives to the mic.
Mr. Caldon raised the issue of EEE Virus in New Hampshire, noting that 43 towns have been listed with threats. He has not been able to confirm (using the State’s web-site) whether Nottingham is on the list. Mr. Brown informed Mr. Caldon that Town Officials had put the issue before the residents at Town Meeting two years in a row. It was shot down by a large margin, both years, and residents chastised the officials for bringing it forward again the second year. There was discussion around the school’s current practices and policy. Ms. Carvalho informed all that there is preventative spraying of bug spray containing deet, for all athletes and for students participating in environmental studies. Notes are sent home notifying parents of the process. If a child is not
sprayed they are not allowed to participate.
Mr. Caldon noted that as the Town grows there is more and more need for shared facilities. The School Board feels this is going well. Facilities are stretched to the limit, at times, and space availability must be closely watched.
At Mr. Bock’s inquiry, Ms. Carvalho informed all that the PTA is very active. They will have a presence at Nottingham Day and have many items on the agenda for this year.
Ms. Carvalho updated all on the School Building Committee, noting that they had just received an updated enrollment projection conducted by the NH School Administrators Association. The report indicates an increase in enrollment and a need to continue considerations for future growth. The committee will be meeting on September 23, 2009 to review the numbers submitted in the current report. Chair Bonser, as CIP Representative, will e-mail Ms. Carvalho a CIP Request form. Mr. Caldon noted that all avenues must be considered; this issue may require a “cooperative” solution. There was discussion about placement within the current SAU, what surrounding towns are doing, and the existing school structure. At Ms. Carvalho’s inquiry, Mr. Bock offered to pass on a copy of the
Workforce Housing Report being completed by Jack Mettee on behalf of the HCPP Committee, once it is finalized. There was discussion around open lines of communication between committees. It would benefit all for the School Building Committee to be in contact with the Town’s Building Committee, the Budget Committee, and the Planning Board. Ms. Carvalho was provided Lisa Sears name as a contact for the Planning Board.
There was discussion around road closings. Mr. Caldon inquired about Mill Pond Bridge, noting bus route problems. Mr. Brown informed him that he is hoping it will be open by the end of the month. Back Creek Bridge will be closing once Mill Pond is open; however, the timeframe for work on the Back Creek Bridge is estimated to be much shorter. Mr. Caldon noted the major distraction these changes make and informed the Selectmen that transportation is regulated by RSA; requirements for younger children vary from those of older children. There was discussion around whether the detours cost the School District more money. Ms. Carvalho does not believe the cost changes.
Mr. Ludwell informed the Selectmen that the SAU is hoping to file the MS 24 and DOE 25 by the end of this week. The Business Manager has been out on medical leave the past five weeks and remains unavailable. Chair Bonser asked for copies of the completed documents.
Ms. Plante inquired about whether the Town was providing financial support to LGC for exploration of a law suit against the State for the increase to the NH Retirement System. The Selectmen informed her that they had made payment under protest. Mr. Brown informed her that Nottingham had contributed somewhere between $200 and $250, at this time. Ms. Plante sits on the Board of Directors for the NH School Boards. They have been informed that 90% of the municipalities are supporting LGC, but there has not been a great response from the schools.
The Selectmen and the School Board agreed to meet again after Town Meeting. At 7:35PM, School Board members stepped down and left the meeting.
ADMINISTRATIVE BUSINESS Cont.
Mr. Brown informed the Selectmen that there had been a mistake on the fixed price for LP. It had been reported and noted that the fixed price was $1.72; however, that was rack price. He locked in LP at a fixed rate of $1.956.
Minutes
August 17, 2009 (Meeting)
Line 26: Change requested to request.
Line 57: Add at a cost.
Motion: Bonser, second Bock to accept the minutes of the August 17, 2009 meeting, as amended.
Vote: All in favor. Motion passed 3-0.
August 31, 2009 (Meeting)
Line 45: Add Christian.
Motion: Bonser, second Anderson to accept the minutes of the August 31, 2009 meeting, as amended.
Vote: All in favor. Motion passed 3-0.
APPOINTMENTS Cont.
7:45 PM – Gene Reed – Follow Up Discussion Regarding Map 24 Lot 139
At 7:45 PM Chair Bonser acknowledged Mr. Reed’s absence. The Board agreed to wait five more minutes.
The Selectmen reviewed the mail folder. Mr. Bock asked to receive a copy of the letter from Comcast.
At 7:50 PM, Chair Bonser again noted Mr. Reed’s absence and dismissed the appointment.
8:00 PM – Patricia Riox, Brenda Wilbur, and Tim Jarvis – Enforcement of Town Ordinances
At 7:50 PM Chair Bonser acknowledged Ms. Roix, Ms. Wilbur, and Mr. Jarvis and invited them to the mic.
Ms. Roix read a written statement regarding concerns over a dog breeding kennel on Mitchell Road. Ms. Roix, Ms. Wilbur, and Mr. Jarvis believe that the kennel violates the Nottingham Building Code and Zoning Ordinances and that there should have been a public meeting held prior to the issuance of a building permit for a 16’ x 60’ kennel, which was to be used for breeding-for-profit. They reported that plumbing, heating, and electricity have been installed in the kennel even though no permit was ever issued for these. There have been numerous complaints filed with the town and the state since 2002. They believe that the kennel violates noise, odor, and lighting ordinances and requested that action be taken to cease operations.
Chair Bonser asked Mr. Colby, Nottingham Code Enforcement Officer, to address the concerns. Mr. Colby took the mic and informed all that the Planning Board determined the kennel to be a minor home occupation approximately four and one-half years earlier. When the building permit was pulled, Mr. Colby had no reason to view it as anything other than a structure to house livestock. He was not the Code Enforcement Officer at that time. There was a disagreement around whether dogs are considered livestock and much discussion ensued. At Ms. Roix’s request, Attorney Patricia Morris was invited to the mic as a representative for the guest residents. Mr. Jarvis stepped down. There was more discussion around whether or not dogs are considered livestock. Ms. Wilbur disputed
comments recorded in the minutes of the June 23 meeting regarding violations against the kennel, and read letters from Steve Sprowl (SPCA) and Steve Crawford (NH State Vet). There was discussion around numerous violations that have been filed. Mr. Colby noted that Ms. Wilber had not submitted copies of the violations until this evening. Chair Bonser indicate that she felt this discussion should end since an attorney was present and a specific kennel was being discussed. Attorney Morris indicated that she was not here to speak about a specific case, noting that there are specific State and Town requirements that must be met in order to be considered a home occupation. She referenced a case involving horses (in 2006) in which another town had ruled the business as agricultural but when taken to court the Supreme Court ruled the business to be a commercial business, not agricultural. Attorney Morris again indicated that there are State requirements
that must be met in order for a business to be considered a home occupation. There was discussion around why the business was determined to be a minor home occupation. Chair Bonser informed them that they would need to review past Planning Board records to see why and how the determination was made. Attorney Morris asked what the Selectmen need in order to take action. Chair Bonser indicated that she believed they need to address the Planning Board. There was discussion around what request was in front of the Selectmen and whether or not the Selectmen would be the ones to hear appeals. There was discussion around whether an appeal was being requested. The residents informed the Selectmen that they are requesting an appeal of the Planning Board’s decision of a minor home occupation. There was more discussion on State and Town regulations of a minor home occupation. Attorney Morris indicated that there are health concerns
related to this issue. Chair Bonser requested that they put the information in writing, adding that the Selectmen may need to seek advice from Counsel as to who has the authority to overturn the Planning Board’s decision. Mr. Bock informed all that this is a new issue for him and he is not comfortable making any comments until he has more information and has had time to research the Planning Board minutes and speak with the attorney. Mr. Anderson concurred that there was new information being presented. Mr. Colby suggested that the residents meet with him to discuss and begin the code enforcement process. Ms. Bonser again noted that she was uncomfortable discussing the case. Mr. Colby noted that this was no different that someone coming in off the street to make a complaint. Ms. Roix noted that it has been a two year process getting to this point. Ms. Wilbur provided the Selectmen with a link to a WMUR site that had investigated
the kennel.
At 8:25 PM, Ms. Roix, Ms. Wilbur, and Mr. Jarvis left with Mr. Colby.
OTHER BUSINESS
Chair Bonser noted that she had received an invite to participate in the Seacoast Piscataqua River Watershed but wanted to check out their agenda before committing.
Mr. Bock reminded all that Nottingham Day is this coming Saturday beginning at 10 AM.
Having no further business,
Motion: Bonser, second Bock to adjourn the meeting.
Vote: All in favor. Motion passed 3-0.
Meeting adjourned at 8:30 PM.
Respectfully submitted,
Traci Chauvey
Recording Secretary
Approved as amended at the November 23, 2009 meeting.
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