Board of Selectmen Meeting, June 5, 2023

Has the town failed to get payments in lieu of taxes from the state? Special election scheduled. Town poisoning residents' wells.

Has the Town Been Failing to Collect Funds from the State?

In response to citizens’ questions about the proposed expansion of the Pawtuckaway Park campground the NH Division of Parks and Recreation published this response on June 1. The response contained this claim:

The State of New Hampshire does not pay property taxes, however, the Town is eligible to applyfor Payment in Lieu of Taxes per RSA 227-H:17 for approximately 5,275 acres of undeveloped state owned land.

The Department of Revenue Administration Annual Reports indicate that the Town of Nottingham was eligible for the following payments;

2022 $276,948

2021 $230,763

2020 $257,867

2019 $220,415

2018 $202,313

This shocked readers as the town has not been receiving such funds from the state, prompting citizens to contact the town. Town Administrator Ellen White investigated the matter and found that the authors of this paper calculated the figures incorrectly. The town does receive funding from the state in lieu of taxes. Last year this was $4,500. White said the difference between the two figures was due to an error in the tax rate being used. The authors erroneously used the town’s average tax rate per acre. The state actually uses the tax rate for land in its natural state. [Commenatary: Large parts of the park are comprised of land not in its natural state, such as the campgrounds, boat launch, and beach. Is the correct tax rate being applied for those parts of the park?]

Investigation of Fire Chief and Lieutenant

Ellen White reported that the investigator had completed their interviews and that the town would be receiving the final report in the next few days. The report is private and will likely never be made public. The town’s attorney will review the report and advise the board on next steps. 

Special Election

Supervisor of the Checklist Dee-Ann Decker and Town Clerk Lori Anderson advised the board about the upcoming special election to fill the state representative seat vacated by Ben Bartlett. 

The last time the town had a special election 146 voters turned out for the primary and 616 for the general election. At that time there were 3512 voters. We have more than that now.

The primary election will be on August 1 and the general election will be on September 12 [later announced to be the 19th]. If no more than one candidate files for each party’s primary, the primary will be unnecessary and the general election will be held on August 1. 

Individuals wishing to file to run for this seat have until June 9 to file with the Secretary of State. 

Decker and Anderson recommend holding the election at the town hall as this location requires less labor, but they also recommend that the board hold off on making this decision. The town hall is scheduled to be in use on August 1 for a children's summer day camp and for a concert. 

Town Road Salting Poisoning Wells

A resident on Kelsey Road reported worsening conditions in the town’s poisoning of residents’ wells due to excessive usage of road salt. The resident counted 81 applications of salt on Kelsey Road last winter. The problem was previously reported to the board in February. Salt levels have now reached 246 milligrams per liter.  Not only is this level unsafe to drink, but it is also so high it is toxic to plants - 70 milligrams per liter is the threshold of toxicity. 

The resident requested to be compensated for the costs they are incurring due to the town’s poisoning of their well. This is about $1k/yr for water and testing costs. The resident’s well may need to be replaced with a deeper one. For the time being salt levels will continue to rise as salt settles deeper into the ground. 

The resident pointed out that the town used a contractor to salt Kelsey Road. Perhaps the town could make an insurance claim against the contractor. 

Chairman Ben Bartlett said that the board would review the documentation the petitioner had provided and make a decision later.

Other Issues

• Fire Engine #2 has been damaged in a parking accident. The damage is cosmetic. An estimate is being obtained. The engine is insured. It was also discovered that the same vehicle had incurred bumper damage in an earlier, unreported accident, also cosmetic, costing $8.8k to repair. The town is investigating whether it can still make an insurance claim on this damage.

• A landowner wishing to subdivide presented concerns about what standards would be applied to their subdivision because the lots to be created are on existing town Class V roads that do not conform to the town’s current standards for roads in subdivisions. The board asked the petitioner to specify how they wanted to subdivide. The town would review with the town attorney whether the request could be granted or what changes would need to be made. 

• Following the resignation of the Director of Public Works, the position became vacant on Friday, June 2. This role is now one of several vacancies in the Public Works Department.

• The new tire storage container at the Recycling Center has been delivered and put into use.

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