Town of Nottingham
Selectmen’s Meeting
April 26, 2010
6:30PM 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: Sue Mooney, Nottingham Conservation Commission; Deb Stevens, Nottingham Conservation Commission; Dave Viale, Southeast Land Trust; Therese Thompson, Southeast Watershed Alliance Representative; Laura Clement; Phil Auger;
Others: Charles Brown, Town Administrator; Traci Chauvey, Recording Secretary; Chris Mills; Gail Mills; Hal Rafter; Judy Doughty;
ADMINISTRATIVE BUSINESS
Mr. Brown reported that Officer Roland entered the police academy this day.
The old police car is at Kustra's being prepared for use by the fire department.
The road agent will be putting up signage and notice will be going out to Deerfield Road and Stevens Hill Road residents regarding the closure of Back Creek Bridge. The road will be closed for a minimum of two weeks. Work will depend on weather conditions.
The recreation van has been ordered. No delivery date has been received.
Mr. Brown has contact Hayward Stripers about the community center and library parking lots. Ms. Capron voiced concern over the condition of the library parking lot. This will be looked at for next year as some areas may need to be re-built.
Chair Bock informed all that the House killed the pole tax bill which would have extended the telephone company's tax exemption until 2012.
Chair Bock announced that the Cable Franchise Renewal Advisory Committee will be meeting with Comcast tomorrow evening in conference room #2 at the Municipal Office Complex beginning at 7:00 PM to resume negotiations on a new contact for cable services for the Town of Nottingham. The public is welcome and encouraged to attend. Mr. Brown reported that he had heard from other Town Managers that many communities have been inquiring about senior discounts; however, the Cable Act does not require cable providers to provide a senior discount and, therefore, they do not.
There was discussion around a request from the boy scouts to allow them to bring left over yard sale items to the recycling center after their yard sale ended at 5:00 PM. The selectmen agreed with allowing them to bring the left over items at no charge; however, the items must be brought by 4:30 PM as the recycling center closes at 5:00 PM.
Mr. Brown informed the selectmen that he had received a letter from Strafford Regional Planning Commission (SRPC) requesting a volunteer for their Technical Advisory Committee (TAC). There was
discussion around the focus of the TAC (transportation). Mr. Brown also informed the Selectmen that he did not believe Nottingham has a representative to SRPC at this time. The positions will be posted around town and on Channel 22.
There was discussion around the Notice of Amendment from DES regarding the landfill loan payment. DES is requesting towns to allow them to retain up to two percent of the payment for their administrative costs. Currently they are allowed to retain one percent. This change to the payment distribution does not change the town's obligation or payment.
Motion: Anderson, second Bock to sign the Notice of Amendment to RSA 486:14.
Vote: Anderson & Bock in favor. Bonser opposed. Motion passed: 2-1.
The selectmen signed the notice.
Mr. Brown informed the selectmen that Property Liability Trust is sending out a representative from American Appraisal to reassess the town's buildings and contents for insurance purposes.
7:00 PM – PUBLIC HEARING – DANAIS CONSERVATION EASEMENT
At 7:00 PM Chair Bock acknowledged Sue Mooney, Nottingham Conservation Commission (NCC), and invited her to the mic.
Ms. Mooney and Ms. Stevens took the mic. Ms. Mooney explained they were waiting for David Viale from Southeast Land Trust. While waiting, Mr. Brown acknowledged the easement documents that were submitted noting that they lack any specifics, namely an appraisal. Mr. Viale arrived and Mr. Brown repeated the comments from the attorney regarding the generality of the documents submitted.
Chair Bock acknowledged the guests and asked them to give a brief presentation on the proposal. Ms. Mooney explained that Mr. Danais had inquired to his neighbors about any interest in obtaining the properties owned by Mr. Witham for the purpose of conserving the General Butler farm. The NCC approached Mr. Danais regarding a conservation easement. Mr. Viale explained that the Southeast Land Trust has certain criteria that must be met in order to qualify for an easement and this property meets all their goals, the town's goals and regional goals for conservation easement. In essence, the conservation easement would purchase the development rights of the property. Ms. Stevens informed all that Mr. Mettee had indicated that he believed Nottingham Square's historic value is in the top ten within
the state. Chair Bock invited the selectmen to speak.
There was discussion around lack of an appraisal, what commitment was needed from the Selectmen this day, and whether or not the commitment was binding the town to the easement without having all the data in place. Mr. Auger and Mr. Viale explained that the commitment now required from the selectmen was a commitment that there would be matching funds of 50% if the grant was awarded. This is required in order to apply for the grant. There was discussion around the figure of $200K. Mr. Auger informed the selectmen that $200K is an educated guess at the value.
Ms. Bonser voiced concern over making any kind of a commitment without having an appraisal. She further voiced concern of having the federal government involved. There was discussion around the grant program and the federal government's amount of involvement. Ms. Bonser suggested seeking the easement, after an appraisal, without the involvement of the federal government.
Mr. Anderson asked the guest to provide information about the property. The property is located at the corner of Route 156 (Raymond Road) and Ledge Farm Road. It is 19.69 acres. Three to five acres of that would remain as an exclusion area for the benefit of the property owner. Southeast Land Trust and the Nottingham Conservation Commission are seeking to purchase development rights on approximately 14 to 16 acres. The land would not be able to be used for things such as building or mining but would be able to be used for agricultural or forestry purposes. Mr. Anderson inquired about the responsibility to the town or to Mr. Danais. Mr. Viale explained that, as the primary interest holder, Southeast Land Trust would be responsible for supervision of the easement. If the land
trust fails to do its job, the town has the right to step up and take over. Mr. Danais will still have use of the property for agricultural purposes.
Mr. Brown questioned whether the town came before the federal government in the chain of command. There was discussion around each entity’s place and responsibilities. Ms. Bonser voiced concern at wording on pages 13, 14 and 15 in the easement documents, noting that she would like to have legal opinion on each entity’s position with respect to the submitted documentation and that she believed that if the town needed to take over the monitoring of the easement at some point, it would be at the town's expense. She also requested that wording be included that would not allow groundwater withdrawal with the exception of a municipal well. It was explained that the Farm Ranch grant program would not allow water withdrawal even for municipal use and that the specific piece of property was not
suitable for that use. The property’s value is in its soils and farming ability. There was also discussion around ownership of the property and ways in which the easement supervision may fall to the town. Mr. Auger explained that the town has the right to reassign stewardship.
Chair Bock inquired about Southeast Land Trust. Mr. Viale explained that they have just celebrated their 30 year as private, non-profit organization. The primary focus is Rockingham County; however, they have done easements in some of the border towns. They have a broad mission – to conserve land. Funding is mainly through land conservation, grants, LCHIP, membership, and private fundraising, among others sources. Chair Bock inquired about public access. There was a brief discussion around use of the property over time. Ms. Mooney noted that public access was low on the list of considerations for this property as its value is in the soils and its land rather than its views and its recreational appeal. Chair Bock inquired about a voluntary merger, as a show of good
faith. Mr. Auger explained that it was not necessary as the easement would not allow the property to be separated.
Chair Bock opened the hearing to the public and acknowledged Ms. Clement. Ms. Clement asked for clarification of the easement. Mr. Viale drew a picture of the land parcels on the board and outlined a rough area of what would go into conservation. He explained that they would be paying Mr. Danais for the development rights to his property but he would still be allowed to use the property for agricultural or forestry purposes. Ms. Clement inquired as to how Southeast Land Trust profits from this type of an arrangement. Mr. Viale reminded her that Southeast Land Trust is a non-profit organization. There was discussion around staff salaries. At Ms. Clement's inquiry, Mr. Viale passed around copies of maps showing the connection to other conservation lands.
Chair Bock acknowledged Mr. Mills. Mr. Mills noted that he had visited Mr. Danais and believes that Mr. Danais' interest is in retaining the historic value of the property in perpetuity.
Chair Bock noted that the HCPP Committee's open forum had shown overwhelming support for conservation in the town.
Ms. Mills asked if this easement was like the Mulligan easement. Mr. Auger noted that Mulligan went before town meeting because the town was bonding money for that easement. This money would come from the conservation fund already established by the town.
Ms. Doughty voiced her support, adding that she believed there would be great support from the town for this project.
Acknowledged by Chair Bock, Ms. Andersen asked if this land was part of Four General's Greenway. Ms. Mooney stated that it is and explained that it is the tip of a 2K acre parcel that goes into Epping. Ms. Andersen inquired as to whether there was a strong agricultural commitment to the property with the easement. Mr. Viale explained that the nothing needs to happen with the property. The requirements of the grant and easement are to preserve the soils. There was discussion around the reason these grants came to be and concern over food security for America. Ms. Andersen noted that the water withdrawal clause in the easement would need to be written carefully because the water would need to be withdrawn for agricultural purposes. Mr. Auger acknowledged that was the reason that the
project will not allow withdrawal even by municipalities.
Chair Bock closed the public hearing at 7:55 PM. He informed all that he holds his comments because as an organic farmer with an easement on his property he is sensitive to this issue. He noted for the record that he is supportive of the process.
There was more discussion around what was required of the selectmen this evening and what would be forthcoming. Mr. Viale explained that the rush to move this forward is due to the next round of rankings taking place on May 15, 2010. The application must be submitted before that date and there must be a commitment to spend the money if the grant is offered and accepted before submitting the application. Ms. Bonser inquired again about a binding commitment to the federal government by approving this to move forward. Mr. Auger and Mr. Viale assured her that there was no binding commitment, only an application.
Motion: Bock, second Bonser to accept the recommendation of the Nottingham Conservation Commission to expend up to $200,000.00 from the conservation fund for an easement on the Danais property dependent upon agreeable terms and whether a grant is awarded and accepted.
Vote: All in favor. Motion passed 3-0.
APPOINTMENTS
7:20PM – Therese Thompson, Southeast Watershed Alliance (SWA) Representative
At 8:04 PM, Chair Bock acknowledged Ms. Thompson and invited her to the mic.
Ms. Thompson inquired about letters she had requested, at a previous meeting, be sent to Marine Fish and Game regarding alewives in Pawtuckaway. Ms. Bonser informed her that she was writing the letters and asked Ms. Thompson to provide her with contact information. Ms. Thompson will forward the information by e-mail.
Ms. Thompson informed the selectmen that most towns have become members of SWA. She believes there are less than ten which have not signed up. A subcommittee will follow up with personal invitations to the municipalities that have not joined. Ms. Thompson feels that Mr. Terninko does not want to be the alternate representative for Nottingham any longer.
Ms. Thompson asked the selectmen to review the draft by-laws of SWA. The SWA would like to submit them to the Attorney General's Office by May 5th. Ms. Thompson read through the proposed by-laws she had previously e-mailed to the selectmen. At Ms. Bonser's inquiry, Ms. Thompson noted that there are no paid positions. Ms. Thompson provided a website for the SWA and expressed excitement about this group.
The selectmen thanked Ms. Thompson for her volunteer efforts on behalf of Nottingham. Ms. Thompson stepped down.
7:30 PM – Laura Clement, Discussion of Corrections to the March 29, 2010 Minutes
At 8:21 PM, Chair Bock acknowledged Ms. Clement and invited her to the mic.
Chair Bock explained that Ms. Clement was here to request changes to the meeting minutes of the March 29, 2010 meeting. He noted that the minutes of this meeting had not yet been approved. He read from LGC article informing all that the selectmen are not required to include any documents submitted to them in their minutes. He then noted that he expected a brief, well-tempered conversation and asked Ms. Clement to address her concerns to him. Ms. Clement agreed and stated that she had specifically requested her statement be included. At her inquiry, she was informed that the statement would referenced in the minutes and filed in the correspondence file. There was a brief discussion around the availability of the letter to the public. Ms. Clement questioned the need to make any
correction to the minutes if the letter would be available to the public. She thanked the selectmen for their time and noted that she was ok with the minutes as long as the letter was in the file and available. Ms. Clement stepped down.
Acknowledged by Chair Bock, Mr. Mills took the mic and raised the issue that written submissions had been included in the minutes at previous meetings, adding that this might appear to be discrimination. Acknowledged by Chair Bock, Ms. Chauvey agreed that Mr. Mills was correct. Written statements had been included in the past when summarization was not possible. In this case, summarization was possible; therefore, the statement was not included. There was discussion over setting policy on inclusions to the minutes. Ms. Clement feels that her corrections add further enlightenment on the issue. The selectmen made the decision to address the minutes of the March 29, 2010 meeting.
ADMINISTRATIVE BUSINESS Cont.
Minutes
March 29, 2010 (Meeting)
Line 50: Get correct acronym from Chief Vilchock for personnel grant program.
Line 100: Replace Fritz with Fritz's
Line 110: Replace Fritz with Fritz's and operation with operate
Line 115: Replace 1009 with 2009 and Fritz with Fritz's
Line 145: Replace He with Mr. Stucker
Line 187: Erase the second instance of the word letter
Line 216: Replace 309 with 3-0
Motion: Anderson, second Bock to approve the minutes of the March 29, 2010 meeting as amended.
Discussion: Chair Bock addressed the correction submitted by Ms. Clement. He noted that Ms. Chauvey had incorrectly identified the check-in table as the registration table and noted this correction to line 167. Chair Bock read Ms. Clement's second correction and asked for comment. Mr. Anderson noted that he had reservations because the comment included an unnamed party. Chair Bock asked Mr. Brown if Ms. Clement's comments should be added in parenthesis. Ms. Chauvey addressed Chair Bock and supplied him with an article entitled Minutes 101 from the Local Government Center on the taking of minutes. Chair Bock read two paragraphs for the record and concluded that Ms. Clement's corrections did not belong in the minutes. Ms. Clement disagreed. Chair Bock and
Ms. Clement had a brief disagreement. Chair Bock excused Ms. Clement at 8:51 PM.
The selectmen decided to hold off on the April 12 minutes as there was no line numbering.
GENERAL BUSINESS
Mr. Brown provided an update on the USA Springs bankruptcy hearing informing all that the lead attorney for the creditors had attended by speaker phone as he had a previous engagement. The judge questioned the $275K loan request. The bank is objecting to the request as the plan is to subordinate the mortgage. The hearing was continued to Thursday and when Mr. Brown checked his e-mail Thursday morning it had been rescheduled for May 6 at 1:30 PM.
At Ms. Doughty’s inquiry, there was a discussion around putting draft minutes on the website. Mr. Brown feels this is something that can be done moving forward.
Acknowledged by Chair Bock, Ms. Andersen took the mic and informed the selectmen that she is still experiencing dog issues with the neighboring dogs. They continue to run loose and come into her yard. There was discussion around ACO staffing and proper procedures. Mr. Brown informed Ms. Andersen that there is no longer a Deputy ACO and that she should call Rockingham County Dispatch anytime she experiences a problem with the dogs. It is important to Ms. Andersen that this issue be addressed through the proper channels and procedures. Mr. Brown invited Ms. Andersen to also call him directly, next time she has an encounter with these dogs. Ms. Andersen reported that although the dogs are being housed at the same address, the ACO has been treating the issue as separate cases because one
dog belongs to the neighbor and one to her boyfriend. Mr. Brown will follow up. The selectmen thanked Ms. Andersen for coming forward. Ms. Andersen stepped down.
Ms. Bonser raised the issue of HB1486. A brief discussion took place in which it became obvious that issue and the Building Inspector’s concerns are not clear and consistent between the Selectmen. This topic will be tabled until the selectmen can obtain clarification from Mr. Colby.
Having no further business,
Motion: Bonser, second Anderson to adjourn the meeting.
Vote: All in favor. Motion passed 3-0.
Meeting adjourned at 9:15 PM.
Respectfully submitted,
Traci Chauvey
Recording Secretary
Approved as amended at the May 10, 2010 meeting.
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