Town of Nottingham
Selectmen’s Meeting
May 24, 2010
6:30 PM, Chair Bock opened the meeting and asked all those present to stand for the Pledge of Allegiance.
Members Present: Peter Bock, Mary Bonser, Gary Anderson
Guest: Janet Horvath, Recreation Director
Others: Charles Brown, Town Administrator; Traci Chauvey, Recording Secretary; Gail Mills; Chris Mills; John Terninko; Mike Russo; Judy Doughty
NON-PUBLIC
Motion: Bonser, second Anderson to enter non-public under RSA 91-A:3 II (b).
Vote: Anderson – yea, Bonser – yea, Bock – yea. Passed by roll call: 3-0
The Selectmen entered non-public at 6:32 PM and left Conference Room #1 for Conference Room #2.
Motion: Bonser, 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 6:50 PM.
The selectmen returned to Conference Room #1.
Motion: Bonser, second Anderson to seal the minutes of the non-public session.
Vote: All in favor. Motion passed: 3-0
ADMINISTRATIVE BUSINESS
Mr. Brown explained that Ms. Horvath was here to present some award updates to the selectmen. Acknowledge by Chair Bock, Ms. Horvath took the mic.
Ms. Horvath explained that she had recently attended the NH Recreation & Parks Annual Banquet where Nottingham received two awards. The first was a photo contest in which Nottingham Recreation took first place in the family event category with a picture from one of the recreation department's Family Movers & Shakers Night. The second award is the Shelnut-Perkins Special Citation for Excellence in Programming. This special citation was awarded for activities held during the 2009 Summer Camp’s Give Back week. Among other activities, the kids collected school supplies and funds for backpacks for children of families in need and making a quilt for the NH Seacoast Project Linus which supplies quilts to children looking at lengthy hospital stays. Ms. Horvath was proud to represent
Nottingham in accepting these awards.
Ms. Horvath informed the selectmen that she, Ms. Carvalho, Nottingham School Principal, and Mr. Norcross, Nottingham School's Food Service Director have been accepted into the Community Leadership Institute for Childhood Obesity at Tufts University being held July 20 - 22. They will work
towards creating a community coalition to make changes towards a healthier community and help prevent childhood obesity in Nottingham.
Ms. Horvath informed the public that soccer sign-ups are out. The deadline is August 6, 2010. All applications received after this, will go on a waiting list for a vacancy. At Ms. Bonser's inquiry, Ms. Horvath informed her that the van is on order and expected at the end of June. A trip is planned for June 29-31 and Ms. Horvath will rent a van for this trip due to the timing. At Chair Bock's inquiry, Ms. Horvath informed all that she has one person hired for each program and others on hold. She needs to get a better feel for the number of participants. She has hired one lifeguard and the assistant swim instructor from last year will be returning. She would like one more lifeguard.
Ms. Horvath informed the selectmen that she is in the process of writing an RFP for a recreation needs assessment. The need for specific data has become apparent through work on the impact fee study. The school and the fire station both have data to support their needs. Currently there is no data for recreation. Fields are a serious problem. Ms. Horvath clarified that she will work with the NYA and the school to address the recreation needs of the entire town. At Mr. Anderson's inquiry, Ms. Horvath stated that she hopes to get the RFP out with a return date of June 21, 2010. There was discussion around specialty firms that provide this type of service. Ms. Horvath had met with one firm prior to deciding on the RFP process and has since received referrals for
others.
Ms. Horvath stepped down and left the meeting.
Mr. Brown reported that the fire department has been awarded a grant for a thermal imaging camera. A public hearing needs to be held. At Mr. Brown's recommendation the selectmen set the date for June 21.
Mr. Brown informed all that the Back Creek Bridge project is coming along with five culvert sections being replaced last Friday. They worked Saturday, also. There is lots of grunt work to be done. He feels it will be tough to have the project completed by the end of the week.
Chair Bock asked Mr. Brown to provide a USA Springs update. Mr. Brown stated that as of this morning they wanted another extension. The US trustee told them to file the plan as the judge had made it clear last time that there would be no more extension. Today was the deadline for filing the plan. Mr. Brown had not heard, yet, whether the plan had been filed.
Mr. Brown reported that after last Monday's bankruptcy hearing John Terninko, Judy Doughty, Chris Mills and he had been invited to meet with Attorney Braunstein. Mr. Brown attended but had to leave after about a half hour due to other commitments. Braunstein had indicated that water was going to be pumped from the site one way or another; if not by USA Springs then by another company. He told them it would be better for all involved if it was to continue forward under USA Springs and he asked Mr. Brown what the town wanted to see in the plan. There was some discussion about Nottingham resident's having first refusal on jobs and baseball fields; however, Mr. Brown indicated he believes it was somewhat of a PR attempt. The three previously unnamed funding sources are Lower Falls Funding, LLC,
Tanglewood, and Premier. Mr. Brown read an e-mail forwarded to him from the town’s attorney who had received it from Attorney Braunstein regarding extensions and exclusivity period. Mr. Terninko understands the process to be that USA Springs would attempt to complete the funding transaction with Lower Falls, LLC first. If this did not succeed they would attempt the transaction with Tanglewood. If this transaction did not go through they would attempt it with Premier. If it did not work out with Premier, they would go to liquidation. Mr. Brown concurred. Mr. Terninko asked to be placed on the June 7 agenda to discuss USA Springs.
Chair Bock offered audience members five minutes to speak on the subject.
Mr. Mills read an open letter to the selectmen about last Monday's USA Springs bankruptcy hearing. He reported that the court approved a $137,500 loan to USA Springs to secure funding of $55M. They have 45-60 days to complete this loan transaction. He addressed the meeting with Braunstein confirming Mr. Brown's report that Braunstein had indicated that water would be pumped from there one way or another and offered jobs and ball fields. Mr. Mills indicated that they discussed their opposition, Dr. Ballestero's report (which Mr. Mills has since e-mailed to Attorney Braunstein), the pollution that was drawn into the aquifer, and the drawdown of the local wells and wetlands with Braunstein. They, also, discussed the agreements made with the Planning Board and the ensuing court case to have them
annulled. They informed Braunstein of the harassment. Mr. Mills feels that Braunstein was attempting to get them to support USA Springs. He does not support them in any way. He wants to supply Braunstein with a copy of Attorney Donovan's letter of December 19 and inquired as to whether there had been any updates to this correspondence as he had believed it was a preliminary copy. There was discussion around all letters that have been received from Attorney Donovan. Mr. Mills asked for copies of the original opinion of the permitting process and a copy of the letter submitted to the attorney general in regards to the large groundwater withdrawal permit potentially being expired. Mr. Mills stepped down.
Mr. Russo addressed the selectmen and asked them to confirm that they were not planning to make any agreements with Braunstein. Mr. Brown informed Mr. Russo that Attorney Braunstein will not try to negotiate directly with them as he is aware that all communication must come through the town's attorney in this case. Mr. Russo stepped down.
Mr. Terninko noted he had heard that one of the interested parties wants to pump 1M gallons per day.
GENERAL BUSINESS
Chair Bock made the following public announcements.
Farmers Market Every Sunday 1:00 – 4:00 Blaisdell Memorial Library lawn.
Under Our Skin Wed., May 26 6:30 PM Blaisdell Memorial Library
a film presentation on Lyme Disease
Cable Franchise Wed., May 26 7:00 PM Conference Room #1
Renewal Advisory
Committee (CFRAC)
There was discussion around the importance of community input at the cable committee meetings. They are negotiating town needs and it is important for them to hear the needs from the community and have input on the contract. The committee is getting a second legal opinion on an issue in the current contract and it would be good for the community to weigh in on this, also. Mr. Anderson noted that the committee is also negotiating for another PEG channel and new equipment.
Mr. Brown has received a letter from the town of Raymond to participate in the Household Hazardous Waste Day, once again, this year. It is tentatively scheduled for Saturday, October 30, 2010. Mr. Brown reported a good turn out last year.
Motion: Anderson, second Bonser to authorize Mr. Brown to sign the agreement with Raymond for participation in the Household Hazardous Waste Day.
Vote: All in favor. Motion passed: 3-0
Mr. Brown informed the selectmen that he needs authorization to sign and submit the required report with DES regarding the land fill. This reporting process had been quite tedious in the past; however it has been reduced to one form.
Motion: Bonser, second Anderson to authorize Mr. Brown to sign and submit the 2010 LOGO form for Municipal Lined and Unlined Ash Fills
Vote: All in favor. Motion passed: 3-0
Mr. Brown raised the issue of an e-mail received from Strafford Regional Planning Commission regarding the use of engine brakes by large trucks. Durham is attempting to outlaw the use. The selectmen agreed that they have not had any complaints in this area and will not support it at this time.
There was a brief discussion about an e-mail regarding the signing of contracts by the Planning Board. Mr. Brown recommends that the Planning Board vote to recommend to the selectmen.
Ms. Bonser informed all that they had received a nice Thank You from the NH Forest Society after taking them on a tour of Mulligan with conservationist from the Middle East.
Ms. Bonser has received an e-mail from a resident concerned with the baseball field situation in town. The selectmen agreed that she should respond that the issue will be looked at during the next budget cycle.
Ms. Bonser has also received an e-mail from a resident of Merry Hill Road with concerns about the condition of the road. The selectmen agreed that she should inform the resident that Mr. Fernald, Nottingham's Road Agent, will review the road situation and the 2012 CIP plan.
Mr. Anderson reported that he had attended the Pancake Breakfast fundraiser hosted by Nottingham Fire/Rescue. He noted that it was well attended and that Nottingham is a giving community. He was approached by two residents inquiring about Kennard Road. Mr. Brown informed him that nothing can be done until Back Creek Bridge is finished.
NON-PUBLIC
Motion: Anderson, second Bonser to enter non-public under RSA 91-A:3 II (c).
Vote: Anderson – yea, Bonser – yea, Bock – yea. Passed by roll call: 3-0
The Selectmen entered non-public at 7:50 PM.
Motion: Bonser, 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 8:00 PM.
Motion: Bonser, second Anderson to seal the minutes of the non-public session.
Vote: All in favor. Motion passed: 3-0
Having no further business,
Motion: Bonser, second Anderson to adjourn the meeting.
Vote: All in favor. Motion passed 3-0.
Meeting adjourned at 8:00 PM.
Respectfully submitted,
Traci Chauvey
Recording Secretary
Approved as amended at the June 21, 2010 meeting.
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