Town of Nottingham
Selectmen’s Meeting
August 16, 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: Robert Sprague; Jim Hadley; Chris Mills; Judy Doughty
Others: Charles Brown, Town Administrator; Traci Chauvey, Recording Secretary; Karen Seguera; Chris Albert; Gil Stevens; Megs Freeman; John Terninko; Debra Ames Kimball; Celia Abrams; Therese Thompson; Brian Stucker;
ADMINISTRATIVE BUSINESS
Mr. Brown informed the selectmen that the fire/rescue laptop is in service; however has not been mounted in the vehicle, yet.
Mr. Brown reported that the Road Agent believes paving may begin on Kennard Road, this week.
Mr. Anderson reported that he attended the first Budget Committee meeting. They went over dates for upcoming meetings and appointed some new members to fill vacancies. Chair Bock noted that this is one of the most significant committees in town and reminded everyone that it gives the public a chance to hear about both the town and the school budgets.
Mr. Brown asked the selectmen to review the budget guideline draft. The selectmen determined that they would use last year's binders for this year's budget work.
Chair Bock informed the public that the summer recreation program has had another successful year.
Ms. Bonser asked to be registered for two upcoming workshops; one this coming Thursday, August 19, presented by NH Votes on State Election Law and one on October 20, presented by LGC in Northwood on budgets. All selectmen would like to attend the presentation in Northwood.
Chair Bock announced that Nottingham Day is coming upon us. The scheduled date is Saturday September 18 with a rain date of Sunday, September 19. It is a great opportunity to get involved. The Nottingham Day Committee is still in need of volunteers. Please contact the recreation department at 679-3435.
MINUTES
July 19, 2010 (Meeting)
Motion: Bonser, second Anderson to accept the minutes of the July 19, 2010 meeting as written.
Vote: All in favor. Motion passed: 3-0
August 2, 2010 (Meeting)
Motion: Bonser, second Anderson to accept the minutes of the August 2, 2010 meeting as written.
Vote: All in favor. Motion passed: 3-0
Discussion: Ms. Bonser reported that a response had been received from Attorney Mulholland of the Attorney General's Office and he does not feel the new law for large groundwater withdrawals applies to USA Springs. The selectmen would like to meet with Attorney Donovan on this issue.
ADMINISTRATIVE BUSINESS Cont.
The selectmen addressed the signature file signing a salary history form and an appointment form to the NCC for an appointment that was voted on in March. The previous appointment form has been misplaced.
Ms. Bonser suggested the selectmen hold a workshop to discuss the various easements being proposed to the town. The selectmen agreed this would be a good idea once Mr. Brown has received some official documentation.
Chair Bock informed the public that he sits on the school building committee, adding that Tom Sweeney, who was on the committee that studied and researched for the current school attended the last meeting. He urged the public to get involved, noting that this is an investment in our children. The next meeting is this coming Wednesday at 6:30 PM.
APPOINTMENTS
7:00 PM – ROBERT SPRAGUE – POLICING CONCERNS
At 6:50, Chair Bock acknowledged Mr. Sprague and invited him to the mic.
Chair Bock addressed the public informing them that he is the police department liaison for the selectmen. He has spoken to Chief Foss several times about concerns and all recognize that there is a problem. Nottingham currently has five full-time officers, including the chief. This is a problem recognized by all and the selectmen will be considering the tax impact of an additional officer this coming budget season.
Mr. Sprague thanked the selectmen and Mr. Brown for all their efforts and acknowledged that the concerns have not gone unnoticed by them. Noting that he is not an expert on police issues he relayed concerns about not having 24 hour coverage, teenagers, and growth of the community. He stated that the FBI guidelines are one police officer for every 500 residents. He acknowledged great respect for Chief Foss and his efforts, noting that many communities are not better policed but are more policed.
Mr. Sprague voiced concern about having police officers on call after midnight. He believes it is a dangerous situation for them to be awakened by a call to come to duty. He further expressed concern that the investigator is now having to patrol due to the recent vacancy of a patrol officer. He feels that the investigator is a crime deterrent and needs to spend his time investigating. Mr.
Sprague indicated that many residents voice concern over the expansion of Pawtuckaway and the Fourth of July holiday, adding that this requires additional policing during the summer. All of these issues, Mr. Sprague noted, take up the time of the Chief of Police, administratively. Mr. Sprague is interested in hearing from both Chief Foss and Mr. Brown on their feeling surrounding these concerns.
Mr. Brown acknowledged that there are times during the summer that the population in Nottingham doubles and that this has been a problem for a number of years. The bottom line is that there are not enough bodies. He informed Mr. Sprague that the police department had rented four or five members of the Sherriff's department to help with coverage at Pawtuckaway. Lack of police coverage has been a budgeting issue for a number of years. Chief Foss has informed the selectmen that he intends to request and additional officer this year. He acknowledged Mr. Sprague had indicated that more than one is needed. Mr. Brown stated that he does not see the selectmen looking at budgeting for more than one and it is not something he will recommend. Again, he noted that this is a budgeting issue
stating that salary is $38K - $44K topped by another $26K in benefits.
Point of Order: At 7:06, Mr. Anderson left the selectmen's table for approximately one minutes to go turn his vehicle lights off.
Chair Bock inquired as to where Mr. Sprague had gotten his Nottingham population data. Mr. Sprague informed him that it is the number from this year's census, which will not be official until February 2011. Chair Bock then read the hand out provided by Mr. Sprague indicating that the population in Nottingham is now at 4,877. He acknowledged that this is a significant increase from previous population data. Mr. Anderson noted that at this population number, Nottingham's ratio for police to residents is 1:975, adding one officer will bring it down to approximately 1:813, which is still heavy. Ms. Bonser reported that in the past the town has run at approximately 1:700, noting that this ratio may no longer be appropriate. Chair Bock read the list of surrounding communities, which include
Deerfield, Epping, Lee, Candia, Strafford, and Northwood, that have a midnight shift. He acknowledged that this is significant, while reminding all that the selectmen have to look at costs.
Chair Bock informed all that this issue would not be dropped. Mr. Brown feels it is a big plus that residents be made aware of this. Public knowledge will help during public hearing time when the police department is seeking a new officer. People will understand and know the reason for the request. Mr. Sprague stepped down.
7:15 PM – JIM HADLEY, LAMPREY RIVER NOMINATING COMMITTEE (LRNC)– LETTER OF SUPPORT FOR NOMINATIONS IN NOTTINGHAM
At 7:10 PM, Chair Bock acknowledged Mr. Hadley, LRNC Chair, and invited him to the mic.
Chair Bock explained that the selectmen had received a request from the LRNC to write a letter of support for the three rivers in Nottingham that have been nominated for inclusion into the Lamprey Watershed. Residents have voiced concerns over the effect this will have on their rights as property owners along the rivers. The selectmen have invited Mr. Hadley and his guest, Laura Wiet-Markhum (DES Rivers Coordinator) to address residents' concerns. Mr. Hadley and Ms. Wiet-Markhum took the mic. Ms. Bonser recused herself as an abutter and took a seat in the audience.
Mr. Hadley introduced himself and Ms. Wiet-Markhum and referenced some background information he had provided to the selectmen. He explained that among waterways from other towns, three rivers in Nottingham are being nominated; Little River, Pawtuckawy River, and North River. The committee has received letters of support from 10 of the 12 communities that are within the watershed. They have, also, received a letter of support from Nottingham Conservation Commission. These letters have been requested as part of the nomination and acceptance process.
Chair Bock noted that he would like to give everyone a chance to speak, acknowledging the amount of people attending to speak on this issue. He will consider setting time limits to achieve this goal. He asked Ms. Wiet-Markhum to give a brief explanation of the process.
Ms. Markhum introduced herself and explained that her department preserves rivers through a nominating process under RSA 483. She gave an explanation of the process informing all that nominations are submitted by June 1 annually, in this case by the Lamprey River Advisory Committee. The Advisory Committee is comprised of appointed representatives from towns within the designated watershed. The committee is advisory only, no regulatory authority. Currently, the Lamprey River, from Lee to Durham, is under the protection of this designation. There was discussion around the committees and their activities. Chair Bock asked if there will be any changes in the permitting process to land owners who abut these rivers. Ms. Wiet-Markhum stated that the only change would be for Little River,
where the protection measures of the Comprehensive Shoreland Protection would apply. There was a lengthy discussion around stream order. Mr. Anderson asked if there would be any restrictions that would affect him as a land owner. Ms. Wiet-Markhum stated sludge application would apply meaning that no sludge could be placed within 250' of the river.
Chair Bock addressed the audience stating that he was going to allow the public to speak. He informed them they need to identify them self and speak clearly. He acknowledge Ms. Seguera?? who inquired about replacing her septic, which is 60' from the water and/or removing the current mobile home and building a home. Ms. Wiet-Markhum informed her there would be no change in any permitting process along the North River. Mr. Albert stated he disagreed with Ms. Wiet-Markhum's comment. There was more discussion around stream order and there being a change along the North River from the airport on Route 152 to Route 4. It was noted during this conversation that existing septic systems can be replaced. Mr. Stevens noted that he had attended a meeting in Newmarket. His discussed
stream order, again, and stated that his concern is with the enlargement of the Shoreland Protection Act, noting that these acts cost money. He does not want government running our lives. Mr. Hadley noted for the record that Little River would not be here if the bottling plant had withdrawn 600K gallons of water over the past five years. He feels that the benefits far outweigh the costs. Ms. Wiet-Markhum informed the public that the overall goal is to protect water resources for everyone's benefit. Mr. Stevens talked about different criteria under the Shoreland Protection Act and voiced concern, noting that he is leery of what approval you would be able to obtain to work within 50' of the river. There was another lengthy discussion around stream order. Ms. Wiet-Marhum discussed buffer zones and what can and cannot be placed within these areas. Ms. Bonser, speaking as a citizen, noted that the river boundaries change depending on the
time of year and weather conditions, adding that
250' to each side of the river could entail a land owners entire lot. She feels that the state cannot take care of what they already have and now it is looking to take up more of the people's rights. As a selectman, she wondered what affect this would have on the town, noting that the gravel pit is on the Little River. Mr. Mills noted that Ms. Bonser had recused herself for this part of the meeting. Mr. Albert and Ms. Wiet-Markhum discussed, and disagreed about, RSA's and exemptions. Discussions turned to the river boundaries, again, and Mr. Albert explained that it does not matter where the water level is, boundaries are firm. Ms. Freeman, noting that she lives on Gerrish Drive, confirmed that the North River, below the airport, already falls under shoreland protection and would not be
affected by any change. Ms. Ames-Kimball spoke on behalf of the Nottingham Conservation Commission, noting that she is also a member of the Lamprey River Watershed Association. She noted that there has been a lot of support from towns from residents, including 43 from Nottingham residents. The goal is to keep the rivers clean. Testing on both Little River and North River come back clean; the goal is to keep it that way. Mr. Mills asked if there are towns downstream using the Lamprey River for water supply. Ms. Ames-Kimball noted that UNH and Durham use it for water supply. Mr. Mills noted that any pollution going into the tributaries will end up in their water supply. Ms. Abrams reminded all that there are recent studies indicating the increase of nitrogen in great bay which affects fishing. All tributaries contribute to this increase.
Chair Bock addressed Mr. Hadley inquiring about the letters of support. Mr. Hadley explained that Nottingham and Raymond are the only two towns they have not received letters from. They approached Raymond early on and, at that time, Raymond voted to remain neutral. Mr. Hadley will be going back to make a second request. Ms. Thompson informed all that she is also a member of the Lamprey River Watershed Alliance, noting that they do not only deal with pollution. They are addressing the problem of the amount of water. She stated that Durham has to come up with a water conservation plan. The more protection on the streams, the better for the watershed and for the benefit of all living creatures. Ms. Thompson talked about the possibility that Pawtuckaway Lake may need to be
lowered in the summer. She will be addressing these issues with the selectmen in October. Mr. Netishen inquired about the letters received from residents. Mr. Hadley confirmed that they have received a total of 83 letters, 82 of them positive, one negative, and of the 83 letters 43 were from Nottingham residents. Mr. Albert noted that there are approximately six agencies working together on water quality. Mr. Hadley believes that the nominations will go forward with or without a letter of support from Nottingham. He noted that protected rivers get first crack at funding and being protected opens up more opportunities for the town.
Chair Bock addressed the public, acknowledging concerns and noting that he is in support of protecting and conserving the water. Mr. Anderson, also, agrees with protecting the water, acknowledged concern about the cost to land owners, and noted that he has concerns with one of the selectmen having to recuse them self for this talk. He would like them to all agree on this decision. He further noted that he feels the RSAs need clarification. There was discussion between Chair Bock and Mr. Anderson around whether Ms. Bonser should reclaim her seat for the vote. Chair Bock noted that Ms. Bonser was not in favor and would not sign the letter. Ms. Bonser stated that she feels support should not be given until the impact was known.
Motion: Bock, second Anderson to write a letter of support for the Lamprey River Nominating Committee.
Vote: All in favor. Motion passed 2-0
Ms. Bonser resumed her seat at 8:00 PM. There was a short break while residents left the meeting. Meeting resumed at 8:06 PM.
7:45 PM – CHRIS ALBERT – NORTH RIVER BANK RESORTATION
At 8:06 PM, Chair Bock acknowledged Mr. Albert and invited him to the mic.
Mr. Albert addressed the selectmen, noting that he has submitted a timeline of events for their review. The river is at its lowest right now, which would allow for survey work. He will work pro bono and the only upcoming fee he sees is the $200 application fee for the State Wetlands Bureau. He asked for the selectmen's permission to move forward.
Chair Bock read Mr. Albert's e-mail and inquired whether he would know by September what the expected cost of this project would be. Mr. Albert stated that he would. Chair Bock noted that they would be addressing the budget at that time. Ms. Bonser asked if this work would be in conflict with shoreland protection. Mr. Albert explained that his work was strictly wetlands and would be from the top of the riverbank going outwards. Mr. Anderson thanked Mr. Albert for his efforts. Acknowledged by Chair Bock, Mr. Terninko indicated that he believes the problem may be the direction of the bridge and suggested placing tubes to redirect waterflow. Mr. Albert explained that cannot be done due to low flow and static water conditions.
Chair Bock noted that he is in support of this effort. Ms. Bonser feels it is a great idea and thanked Mr. Albert for donating his time. Mr. Albert stepped down.
8:00 PM – CHRIS MILLS, GAIL MILLS, JUDY DOUGHTY – USA SPRINGS UPDATE
At 8:11 PM, Chair Bock acknowledged Mr. Mills Ms. Doughty and invited them to the mic.
Mr. Mills read a prepared statement updating the public on the USA Springs bankruptcy. He talked about the new funding from Lower Falls Funding and their acquisition of 20% equity interest in USA Springs resulting from that funding. He talked about the unsecured creditor's complaint that funds were fraudulently transferred to insiders, noting that the town's attorney, Attorney Raymond, has informed him this a procedural move due to the statute of limitations and if the loan goes through, this complaint will be moot. Mr. Mills noted that the town received a letter from DES stating that the new sources of bottled water permit will expire on October 25, 2010 if the wells have not been used to produce water by that time, adding that a new application and more pump tests would be required. He stated
that the State Wetlands permit has expired and he understands that this will also require a new application which will only be considered complete with the submission of written comments from the Conservation Commissions. He stated that public hearings must be held and new pump tests would be required. Addressing the large groundwater withdrawal permit, Mr. Mills noted that there has been an agreement locally that the new regulations do not apply to USA Springs and their permit will not expire until 2014. He talked about the expiration of the building permit, noting that USA Springs does not have vested rights because a substantial portion of the building was not completed within the specified time limits. He spoke to the issue of the special exception granted by the ZBA, noting that it should have become null and void after last town meeting when the Special Exception Zoning Ordinance passed. He acknowledged the selectmen's hesitation to agree with
this thought process and reference the Municipal Law Lecture Series presented in 2009. He noted cited cases. He believes that the Ballestero report from 2004 constitutes a material change and would
fall under this ordinance. He referenced the Law Lecture Series, again, noting that it was presented by an attorney from LGC, of which Nottingham is a member, and by an attorney from Upton & Hatfield, who represent the town. Mr. Mills urged the selectmen to be pro-active and write to these two attorneys and get their recommendation on how to proceed.
Ms. Doughty feels that we are in a very important position at this time. She feels that the steps we take now will be very instrumental in whether or not USA Springs is able to move forward. She discussed what had not been done in the past; the ZBA did not listen and the selectmen did not hire an environmental attorney. She feels we cannot count on the governor or anyone outside of the town to help us.
Mr. Brown informed all that an additional petition had been filed Friday by USA Springs regarding the permits. The hearing is scheduled for August 23 at 1:30 PM. There was discussion around the judge having already stated that he has no authority over this area.
Mr. Terninko inquired about the meeting between Dr. Ballestero and Commissioner Burack. Ms. Bonser indicated that the meeting has not happened. He suggested the selectmen make it happen. He talked about Nottingham residents being second class citizens, USA Springs being given personhood rights, and the need to balance rights. Ms. Bonser noted that the town is a corporation. Mr. Albert stated that everyone in the state of New Hampshire feels the effects of what Nottingham has done and is going through, noting that in his line of engineering work, permit costs and processes have tripled.
In closing, Mr. Mills, again, urged the selectmen to follow up with the attorneys as he had mentioned earlier. Mr. Hadley informed the selectmen that a complaint of fraud has been filed in Washington D.C. by a private citizen in regard to the wetlands permit. Ms. Bonser asked Mr. Hadley to forward a copy of the complaint to her.
Mr. Mills and Ms. Doughty stepped down. All audience members left the meeting.
NON-PUBLIC
Motion: Bonser, second Anderson to enter non-public under RSA 91-A:3 II (a).
Vote: Anderson – yea, Bonser – yea, Bock – yea. Passed by roll call: 3-0
The Selectmen entered non-public at 8:35 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 8:43 PM.
Motion: Bonser, second Anderson to seal the minutes of the non-public session.
Vote: All in favor. Motion passed 3-0
Motion: Bonser, second Anderson to enter non-public under RSA 91-A:3 II (e).
Vote: Anderson – yea, Bonser – yea, Bock – yea. Passed by roll call: 3-0
The Selectmen entered non-public at 8:43 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 8:54 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: Bock, second Anderson to adjourn the meeting.
Vote: All in favor. Motion passed 3-0.
Meeting adjourned at 8:55 PM.
Respectfully submitted,
Traci Chauvey
Recording Secretary
Approved as amended at the October 25, 2010 meeting
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