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Board of Selectmen Minutes 02/16/2010
Town of Nottingham
Selectmen’s Meeting
February 16, 2010


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

Others: 

ADMINISTRATIVE BUSINESS

Mr. Brown reported that he had received an e-mail that new Engine 2 is now in service.  The fire department has moved the extrication equipment to another vehicle.  They would like to put the old engine out to bid.  At Chair Bonser’s inquiry, Mr. Brown reported that there is no minimum bid; the last two that have been bid out brought in $500 and $700.  

Mr. Brown informed the Selectmen that Ms. Horvath has received a letter requesting use of the multipurpose room for a group of 15-20 homeschoolers.  They do not have a certificate of insurance.  The Selectmen are very supportive of this.  Mr. Brown is to follow up on whether or not the group is an organization and whether they need insurance or are covered under the towns.  

Chair Bonser noted that the Selectmen had received a request from Ellen Lapiejko asking that one of them consider being a judge for the school’s science fair scheduled for March 18th, 2:00-4:30pm.  Chair Bonser is not available; Mr. Anderson and Mr. Bock will work it out amongst themselves.

Mr. Anderson reminded all that there will be a Benefit Volleyball Game on March 5th, 6:30pm at the school.  The fire and police personnel will rival against school staff.  It is a fun time for all.  Funds raised will be used toward the purchase of equipment for EMT/Firefighter Dan Elliot who suffered a stroke last August.

Motion:  Bonser, second Bock nunc-pro-tunc to November 17, 2009 to hire Attorney Michael Donovan as special counsel to review the permitting process of USA Springs and any peripheral matters to do with the project.
Vote:  All in favor.  Motion passed: 3-0

Chair Bonser informed all that she and Mr. Brown had met with Governor Lynch and Commissioner Burack last Thursday.  Many were in attendance and Chair Bonser believes that much was accomplished.  Governor Lynch addressed their second request, to have the Attorney General give an opinion as to whether the permit issued in 2004 is vested.  The permit was granted for 10 years under the laws that were current at the time.  No pumping has been done in the past five years.  New laws limit the permit to five years.  Governor Lynch agreed with this request.  The Attorney General’s Office will give an opinion about whether it comes under the new regulations and the Selectmen will be allowed to submit Attorney Donovan’s letter to the Attorney General.  Secondly, Governor Lynch agreed that a completely new application will need to be filed when the new sources bottled water permit expires this October, and convinced DES of same.  Acknowledging Commissioner Burack’s late arrival to the situation with USA Springs, Mr. Brown and Chair Bonser requested that Commissioner Burack meet with Dr. Ballestero to discuss Dr. Ballestero’s report.  Commissioner Burack agreed to speaking with
Dr. Ballestero but respectfully disagreed with Attorney Donovan’s opinion, stating that it was vague.  Chair Bonser offered to obtain more specifics.  Commission Burack appeared open to the offer.  

Chair Bonser has, since, called Dr. Ballestero who is willing to speak with Commissioner Burack and is available to issue a new report on a new application.  His charge for speaking with Commissioner Burack is $1,000 and his charge for a new report will be $3,000 - $5,000.  There was discussion around the budget already being set.  Chair Bonser will write something to present at Town Meeting, if the Selectmen feel they need to raise the budget.

Chair Bonser praised Governor Lynch.  Mr. Bock informed all that Chair Bonser has the support of the Selectmen in keeping Nottingham’s water issues in the forefront.  They intend to be as open as possible about the events that transpire.  

Minutes

December 30, 2009 (Workshop)
Line 32:  Replace the second comma in $1,100.00 with a period
Motion:  Bock, second Anderson to approve the minutes of the December 30, 2009 workshop as amended.
Vote:  All in favor.  Motion passed 3-0.

January 4, 2010 (Meeting)
Line 13:  Add Senator Cilley and other names that are missing.  Add Representative to Frank Case’s name and throughout the report. Correct the spelling of Ms. Charlene Andersen’s last name throughout the report.
Line 208:  Put a space between to and draft.
Line 299:  Change stings to strings.
Line 307:  Change Barry to Berry and remove the question marks.
Line 412:  Clarify that Ms. Doughty was fearful for the welfare of her animals.
Line 461:  Add that Chair Bonser thanked Deputy Attorney Fitch (several times).
Motion:  Bock, second Anderson to approve the minutes of the January 4, 2010 workshop as amended.
Vote:  All in favor.  Motion passed 3-0.

January 19, 2010 (Meeting)
Line 36:  Replace the question marks with January 20, 2010.
Line 82:  Change 36% to 56%.
Line 180:  Remove the sentence, “She also addressed.”
Motion:  Anderson, second Bock to approve the minutes of the January 19, 2010 meeting as amended.
Vote:  All in favor.  Motion passed 3-0.

January 25, 2010 (Workshop)
Line 35:  Replace the blanks with Bock and Anderson, respectively.
Motion:  Bock, second Anderson to approve the minutes of the January 25, 2010 workshop as amended.
Vote:  All in favor.  Motion passed 3-0.

NON-PUBLIC:

Motion:  Bock, second Anderson to enter non-public under RSA 91-A:3 II (c).
Vote:  Anderson – yea, Bock – yea, Bonser – yea.  Passed by roll call:  3-0
The Selectmen entered a non-public session at 7:25 PM.

Motion:  Bock, second Anderson to exit non-public.
Vote:  Bock – yea, Anderson – yea, Bonser – yea.  Passed by roll call:  3-0
The Selectmen exited the non-public session at 7:50 PM.


GENERAL BUSINESS

Motion:  Bock, second Anderson to spend up to $1,000 for Dr. Ballestero to speak with Commissioner Burack.
Vote:  All in favor.  Motion passed 3-0

Motion:  Bock, second Anderson to have Attorney Donovan prepare remarks to submit to the Attorney General regarding non-vesting of the USA Springs permit.
Vote:  All in favor.  Motion passed 3-0


Having no further business,
Motion:  Anderson, 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 April 19, 2010 workshop.