Board of Selectmen Meeting, February 5, 2024

The Town Administrator was unable to attend due to illness. She provided a written report for the board. Selectman Shirland was also absent. 

Candidates for Town Election

The list of candidates running for town election has been announced. 

Two positions on the Planning Board lack candidates. The town needs these positions filled or the Planning Board will have difficulty achieving a quorum. Candidates may run write-in campaigns, or, if the positions are still unfilled after the election, volunteer to be appointed.

Draft No-Smoking Policy

The board reviewed a draft no-smoking policy that would prohibit smoking anywhere on town property, including ballfields, trails, and in town-owned vehicles. After some discussion about adjusting the policy to allow some smoking locations, the topic was deferred to the next meeting. 

Alleged Illegal Use of Impact Fees

A citizen who had complained to the board about alleged illegal spending of impact fees says they have received a letter from the Town Administrator on the issue. However, they would like to see exactly how the town attorney answered their questions, and therefore requested the board to waive attorney/client privilege on the matter and provide the attorney’s written responses. 

At issue was the fact that the town paid for the well and the dugouts at Marston Field using impact fees - funds that could only be used to address new needs associated with the town’s population growth. The citizen claimed that these expenditures did not meet the requirements for tapping impact fees. 

Poisoned Well Litigation

A citizen expressed concerns about the board’s decision not to replace a residential well that has been poisoned with road salt. They had discussed the matter with the homeowner and believed that board’s decision will get the town sued. Wouldn’t it be cheaper and kinder to just replace the well rather than to pay attorney fees to fight this in court and risk having to pay punitive damages in addition to the cost of replacing the well?

Complaint Against the Town Attorney

A citizen complained that a decision made by the Town Attorney at the deliberative session illegally deprived them of their rights. Multiple references from the New Hampshire Municipal Association were cited in support of their claim. They also cited a long list of other questionable past decisions made by the Town Attorney that have harmed the board and the town. They recommended that the board should replace the Town Attorney. 

Facilities Issues

• Several quotes were reviewed about facilities work. Additional quotes for a replacement well for the Recycling Center were received that were much lower than the first quote obtained. Quotes for some of the work proposed in warrant articles were discussed.

• Orkin spent two days last week at Town Hall sealing points of entry for rodents.

• The oil tank at the old fire station failed inspection. A new tank was acquired for $1k. Installation was donated by a Nottingham resident.

• A citizen pointed out that it was technically illegal to hold a meeting in the room where this meeting was held as its certification by the town’s Fire Chief had lapsed.

Resignation

Kelly Dallaire, the town’s Assessing Coordinator and Administrative Secretary, has resigned. Her last day is Friday. The open position will be posted soon.

Scheduled Non-Public Session

The board had a non-public session scheduled at 7:30, invoking RSA 91-A:3 II(c), reputation. There were questions from the audience about the specifics of that clause. Concerns were expressed that the town has in the past violated that clause by failing to allow the person whose reputation was at stake to call for a public session.

Watch the video: