Town of Nottingham
Selectmen’s Meeting
March 29, 2010
6:34 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
Guest: Jaye Vilchock, Chief, Nottingham Fire Rescue; Patricia Roix, Resident; Brian Stucker, Chair, Cable Franchise Renewal Advisory Committee; Laura Clement, Resident, Former Chair, Supervisor's of the Checklist
Others: Charles Brown, Town Administrator; Traci Chauvey, Recording Secretary; John Terninko, Chris Mills; Gail Mills; Hal Rafter; Susan Jackson-Rafter; Beverly Caldon; Judy Doughty; Mark Carpenter; Tim Jarvis; Brenda Wilber; Sarah Roix; Andrew Glines; Patricia Morris, Esq.
ADMINISTRATIVE BUSINESS
Motion: Bonser, second Anderson to nominate Peter Bock as Chairman of the Board of Selectmen for the ensuing year.
Vote: All in favor. Motion passed: 3-0
NON-PUBLIC
Motion: Bock, 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 left the room and entered non-public at 6:38 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 7:04 PM.
Motion: Bonser, second Anderson to seal the minutes of the non-public session.
Vote: All in favor. Motion passed: 3-0
ADMINISTRATIVE BUSINESS Cont.
Acknowledged by Chair Bock, Chief Vilchock updated the Selectmen on grant information. Nottingham Fire Rescue had applied for a $14,500 AFG grant for a new thermal imaging camera. Nine thousand has been awarded; this is the federal standard for an imaging camera. The department had applied for $14,500 to cover a camera with more features. The department will receive $8,500 and match the grant with $500 from department funds. The camera will be installed in Engine 2 and the old camera will go into Engine 3. Although the department has applied for this grant yearly for the past three to four years, this is the first award they have received. Chief Vilchock acknowledged and thanked Captain Nelson and Jude Thibeau for their hard work in obtaining the grant.
Secondly, Chief Vilchock informed the Selectmen that the department is planning to submit a SAFER grant application. This grant is through the Department of Homeland Security/FEMA and will cover salary, benefits, and training of a new fire fighter for two years. Chief Vilchock has submitted a request
for a third full-time fire fighter to begin in 2012. The application is non-binding and the town is not required to accept it if awarded. Chair Bock noted for the record that an issue such as a new position would go before the community prior to any action being taken.
There were thanks all around. Chief Vilchock stepped down at 7:08PM.
Mr. Brown informed the Selectmen that the Emergency Management Director had received a call from Emergency Management in Concord. They are expecting flooding.
The Recreation Department, in conjunction with the NYA, has asked for permission to place jersey barriers from the far side of the dugout to the backstop to try to prevent damage to the baseball field from the flooding. The Selectmen were agreeable to this. Mr. Carpenter asked if they had considered sandbags. Mr. Mills inquired about the article that passed at last year's town meeting for money to fix the bank. Mr. Brown explained that the project the money had been intended for would not correct the problem of the field washing out. At Mr. Mills' inquiry, Mr. Brown informed all that Mr. Albert, the person who requested the warrant, spent $24 on an application to the State and never went any further with the project. The money went into the fund balance at the end of last
year.
Ms. Bonser noted that she had seen a letter from the recreation department regarding mutual aid. Mr. Brown informed the selectmen that the idea is being considered after a call came in from another community seeking assistance when too many employees were out on a day when there was a scheduled field trip. Without a mutual aid agreement, issues arise when paying someone from another community for assistance. The selectmen agreed they would like to review this idea further.
Note: Chair Bock acknowledged the time and apologized to Ms. Roix for running late on her appointment time. He asked Mr. Brown to continue with department reports.
Mr. Brown reported that he had contacted CSI to verify the casting schedule for Back Creek bridge.
Acknowledged by Chair Bock, Mr. Terninko inquired about communication with the State regarding the dams. There was discussion around past issues of water coming down from upstream with no warning. Mr. Brown reported that the State is supposed to be calling the Emergency Management Director (EMD), if they are removing boards from dams upstream. They are, also, supposed to speak with a person (not leave a message) when they contact someone at Mill Pond Dam. Chair Bock asked Mr. Brown to find out if the EMD had heard anything from the state. If not, he would like the EMD to contact someone at the state to see if there is any talk of this. Ms. Bonser noted that she had gone to the dam during the last storm; it looked strong.
APPOINTMENTS
7:00PM – Patricia Roix, Kennel Issue
At 7:17 PM, Chair Bock acknowledged Ms. Roix and invited her to the mic. Ms. Roix, Mr. Jarvis, and Attorney Morris addressed the selectmen.
Mr. Brown informed all that the building inspector had inspected the kennel this day. An after-the-fact permit was issued. All work is done to code. Mr. Fritz has been informed that he needs to go before the zoning board. At Attorney Morris' inquiry, Mr. Brown reported that he did not know if the Fritz's have paid their fines with the court. There was discussion around the fines and conditions set by the court. Mr. Brown reported that he has not, yet, seen the conditions set by the court. There was discussion around the history of this issue. Ms. Roix reported that she, personally, had made calls of complaint on two recent occasions, January 14, 2010 and February 1, 2010. No citations were issued either time. Ms. Bonser informed her that the selectmen would find
out why no citations were issued. Chair Bock informed the residents that they would be notified of any Zoning Board hearing scheduled in the case. At Mr. Jarvis' inquiry, Mr. Brown told him that he would be formally notified by certified mail.
Attorney Morris informed all that they have two concerns; 1) under RSA 466:31 II (b) the town has an obligation to stop the nuisance, and 2) the Fritz's are continuing to operate without authorization. She discussed past violations against the kennel owner and human health concerns. Chair Bock noted that a process that would be supportive of the neighbors' needs has not been recognized. Ms. Bonser asked Mr. Brown to find out why there is no enjoinment in this case. There was discussion about the process of going through the ZBA and, then, the Planning Board. Attorney Morris informed all that the kennel had lost its state kennel license in September 2009. The Fritz's appealed the revocation and the appeal was denied. Attorney Morris believes that enjoinment would provide the
neighbors with some much overdue relief. Mr. Brown will follow up with Chief Foss and the Animal Control Officer (ACO) about the issuing of citations, and with Mr. Colby regarding the issue of enjoinment. Acknowledged by Chair Bock, Mr. Terninko asked if the selectmen were working to correct this process that seems to take years. There was discussion around the changes that have been made and the changes still to come. The ACO now has a deputy and calls go through Rockingham County Dispatch. There was more discussion around the history of the case. Attorney Morris reported that she feels they have had to act heavy handed to get any results from the town, noting that this has been going on for three years. Mr. Brown will follow up and Attorney Morris will contact him on Thursday, April 1st for an update.
The selectmen thanked Ms. Roix, Mr. Jarvis, and Attorney Morris. Ms. Roix, Mr. Jarvis, and Attorney Morris stepped down at 7:43 PM.
7:15 PM – Brian Stucker, Chair, Cable Franchise Renewal Advisory Committee
At 7:43 PM, Chair Bock acknowledged Mr. Stucker and invited him to the mic.
Mr. Stucker informed the Selectmen that the CFRAC has produced a pre-negotiation contract and asked for authorization for the committee to move forward with the negotiations. There was discussion around the meeting dates and times. The selectmen were all in agreement that at least one of the selectmen and/or Mr. Brown will attend all negotiation meetings beginning tomorrow evening at 7:00 PM in Conference Room #2. Mr. Stucker feels that there are no major changes to the boilerplate contract provided by Comcast; he believes that major issues will be the carry over items from the current contract, such as Stevens Hill Road. He noted that the committee had left the franchise fee in the contract at the current rate of three percent.
Motion: Bonser, second Bock to authorize the Cable Franchise Renewal Advisory Committee to enter into negotiations with Comcast; the final contract is to be signed by the Board of Selectmen.
Vote: All in favor. Motion passed: 3-0
Mr. Stucker reminded the selectmen that the committee had submitted CIP requests back in November. He reported that the figures on these requests are way high. There was discussion around the equipment. Ms. Bonser noted that the biggest complaint she hears is complaint about audio. There was more discussion around the equipment the committee is looking to purchase and some of its capabilities. Referring to the franchise fees and the committee's proposed use of same, Chair Bock commented on the community's votes to continue contributing 100% of the Land Use Change Tax monies to the conservation funds and to increase the town operating budget to provide an increase to town employees. There was more discussion around the franchise fee and x-finity. At Ms. Clement's inquiry, Mr.
Stucker indicated that x-finity, new technology being introduced by Comcast, will not cost the users any more than what they currently pay unless they upgraded their services. There was more discussion around the franchise fees. At Ms. Doughty's inquiry, Chair Bock informed her that her bill would be approximately .50ped down. Ms. Bonser removed herself from the Selectmen's table and took a seat at the guest mic. She vehemently denied threatening anyone, calling the report a "bold faced lie." Ms. Clement and Ms. Bonser argued for a moment. Chair Bock ended the discussion and moved the meeting forward. Ms. Clement stepped down at 8:15 PM.
ADMINISTRATIVE BUSINESS Cont.
Ms. Bonser informed all that a letter had been received from DES assuring the town that if USA Springs new source bottled water permit lapsed a new application would need to be submitted and new pump test would be required. Attorney Donovan has submitted letter making a case for the 10 year expiration of the large ground water permit to be reduced to the newly passed five year expiration. This case is based on health, safety, and police powers of the state since there has been no pumping in five years. Ms. Mills asked for a copy of the letter. Mr. Terninko asked about USA Springs being grandfathered under the laws that were in effect when they were permitted. Ms. Bonser explained that, in this case, because the issue falls under health, safety, and police powers of the state, the case can be
reviewed and fall under the new laws. The Selectmen have not, however, received any information back on this request. There was discussion around the bankruptcy hearing that was scheduled for last Friday, but postponed at the last minute. Ms. Mills suggested the use of PACER at the State website to keep updated. The next hearing is scheduled for April 6, 2010 at 9:30 AM. Mr. Mills inquired about making the same case for Article #4 that passed at Town Meeting making the expiration of ZBA approvals of special exceptions two years from the date of approval. There was more discussion around the case of health, safety, and police powers of the state. Ms. Bonser noted that the building is not a concern to health, safety, and police powers of the state; it is the withdrawing of the groundwater that is the concern. There was discussion around town council in regards to USA Springs. Mr. Brown clarified for everyone that Attorney Mike
Donovan is only researching and representing the town in regards to the permitting process. Attorney Jim Raymond from Upton & Hatfield is representing the town in the bankruptcy.
Discussion moved on to the proposed Notification Policy. Mr. Brown read the proposed policy regarding the flow of information from emergency personnel to the Town Administrator in a timely manner. He indicated that he has not had any major problems in the past but this had been floating around amongst the Town Administrator's and he felt it was probably a good idea to put it in place. He does not want to receive the information through the grape vine. There was discussion around the need for communication with the school. Mr. Brown explained that that communication goes through the Emergency Management Director. This policy only deals with information coming into the Town Administrator and/or Selectmen.
Motion: Bonser, second Anderson to approve the Notification Policy as written.
Vote: All in favor. Motion passed: 3-0
Mr. Brown reported that he had received three bids for the old fire truck; John Fernald, III - $925.00, O'Connell - $403.00, and Hartmann Enterprises - $1,555.55. The selectmen agree to sell the old fire truck to Hartmann Enterprises for $1,555.55.
The selectmen reviewed their appointment list and decided to appoint the Budget Committee Representative and the Planning Board Representative this evening, leaving the rest for the next meeting. The Selectmen all agreed that Mr. Anderson will serve on the Planning Board and Ms. Bonser will serve on the Budget Committee.
Mr. Brown informed the Selectmen that the recreation department in conjunction with the conservation commission and PLIA want to sponsor a Litter-free Nottingham Days from May 12 – 15. There was discussion around the liability to the town to sponsor such an event. Mr. Brown will check into it further before the Selectmen give their ok.
The selectmen addressed the signature file signing the MS-2.
Mr. Brown informed the selectmen that he had only received one bid for the repairs to the old town hall and the Grange. The same company that did the engineering review; Milestone Engineering and Construction bid $24,150.00. Mr. Brown recommended the Selectmen accept the bid.
Motion: Bonser, second Anderson to accept the bid from Milestone Engineering and Construction for the remediation work on the old town hall and Grange Hall in the amount of $24,150.00.
Vote: All in favor. Motion passed: 3-0
The selectmen received a request to re-appoint Deb Kimball, Sue Mooney, and Deb Stevens to the Nottingham Conservation Commission, each for a three year term.
Motion: Anderson, second Bonser to appoint Deb Kimball, Sue Mooney, and Deb Stevens to the Nottingham Conservation Commission, each for a three year term.
Vote: All in favor. Motion passed: 3-0
Mr. Bock discussed a notice he had received from SRPC on Energy Outreach and Technical Assistance. He noted that it is an opportunity to see how the municipality is doing with energy conservation, adding that they may be able to increase it. There was discussion around this. Ms. Doughty noted that the school had done it some years back and had saved quite a bit of money. Mr. Brown reported that it had been done both at the recycling center and the town hall. He thought an energy audit would be a good idea.
Mr. Bock informed the public that the selectmen are still looking into single stream recycling. Lisa Stevens has submitted quite a bit of information to Mr. Brown and Mr. Anderson. The Selectmen would like to speak with Liz Bedard, again, and, also, with Lisa Stevens.
Mr. Brown informed the selectmen that the cost for police detail has gone up from $50 to $52.
Mr. Brown will be attending the Primex Conference May 12 and 13.
Mr. Anderson has been registered for LGCs Selectman's series taking place on May 1, May 22, September 25, and October 16.
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 8:53 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 9:13 PM.
Motion: Bonser, second Bock to seal the minutes of the non-public session.
Vote: All in favor. Motion passed: 3-0
While in non-public the selectmen determined to award salary increases as recommended by the department heads and Mr. Brown.
Having no further business,
Motion: Bonser, second Bock to adjourn the meeting.
Vote: All in favor. Motion passed 3-0.
Meeting adjourned at 9:13 PM.
Respectfully submitted,
Traci Chauvey
Recording Secretary
Approved as amended at the April 26, 2010 meeting.
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