Town of Nottingham
Selectmen’s Meeting Minutes
September 2, 2008
6:30 PM Chair Netishen opened the meeting and asked all those present to stand for the Pledge of Allegiance.
Members Present: Bill Netishen, Mary Bonser, Peter Bock
Guests: Chief Jaye Vilchock, Deputy Chief Heidi Carlson, Captain John Trumbull, Lieutenant Dan Elliott, all from Nottingham Fire & Rescue; Rhoda Capron and Laurie Legard, Nottingham Community Newsletter Volunteers; Hal Rafter, Nottingham Democratic Party Chairman; Brian Stucker, Nottingham Republican Party Co-Chairman
Others: Charlie Brown, Town Administrator; Elaine Schmottlach, Shirley Sauvageau, Gail Mills, Chris Mills, and Paul Comeau all attending as interested residents; and Traci Chauvey, Recording Secretary
Noting Point of Order, Mr. Mills stepped to the mic to address the Board of Selectmen. In response to Chair Netishen’s inquiry, Mr. Mills stated that he was questioning the legality of the meeting since the agenda stated that it was being held in Conference Room #2 without broadcasting but it was actually being held in Conference Room #1 with broadcasting. Mr. Brown informed all that the meeting is legal, adding that Selectmen’s meetings do not have to be broadcast and the agenda is only posted out of courtesy. Mr. Mills referenced Article 17 of the 2003 Warrant. The Selectmen and Town Administrator informed Mr. Mills that the Article that passed had been in regards to raising and appropriating the money for broadcasting and that, even though this Petition Article passed town vote, the
Selectmen are not required to broadcast. He was also informed that the ZBA had scheduled a large case for this evening which required use of the room, however, they had to cancel at the last minute, allowing the Selectmen to be able to meet in Conference Room #1 and provide broadcasting. Chair Netishen and Ms. Bonser indicated that they prefer to broadcast as often as possible.
ADMINISTRATIVE BUSINESS:
At 6:33 PM Chair Netishen acknowledged Nottingham Fire & Rescue staff and invited them to the mic.
Chief Vilchock spoke in representation of NF&R, explaining that he was before the Selectmen to get approval to purchase Yankee brand gear washer out of the remaining building fund. The cost of the washer is $6,420 and the Department is requesting an additional $1,000 for the required plumbing/electrical needed for installation. Chair Netishen, noting that the final coat of hot top still needs to be laid, inquired if there were any other necessities to complete the new station. Chief Vilchock indicted that the washer is the only remaining outstanding item. At Ms. Bonser’s inquiry, Mr. Brown reported that there is $30K - $40K remaining in the building fund. He further noted for the public-at-large that the washer being purchased is not a typical washing machine; it is designed to
remove the contaminants from fire fighter gear. Ms. Bonser inquired about a dryer for the gear. Chief Vilchock reported that the gear cannot be tumble dried. The gear will be air dried on the second floor at the station.
Motion: Bonser, second Bock, to authorize Nottingham Fire & Rescue to expend up to $7,500 from the fire station building fund to purchase and install a 40 lb. gear washer with a steel base from Yankee Equipment Systems, Inc.
Vote: All in favor. Motion passed 3-0.
Chief Vilchock thanked the Selectmen for their time and consideration. All NF&R staff left the meeting.
At 6:40 PM Chair Netishen acknowledged Nottingham Community Newsletter volunteers Rhoda Capron and Laurie Legard and invited them to the mic. He explained that the Selectmen had requested their attendance to address issues related to political advertising in regards to writing a policy.
Ms. Capron explained that ads, as well as, articles up to 150 words are accepted for local elections, only. She acknowledged the importance of people knowing who they are voting for, however, she, along with the other volunteers believe that there are other options for political advertising such as the Forum, Channel 9, and mailings. Ms. Legard explained that the Newsletter was started to communicate news about Nottingham and the volunteers have worked hard to keep this focus in mind during the past ten (10) years of publication. Mr. Bock acknowledged the limitations of space and volunteers, noting that the Newsletter is fully staffed by volunteers. Ms. Bonser strongly feels that the residents need to know who they are voting for and she does not believe that the additional pages required every
four years would pose a big problem.
Upon Chair Netishen’s acknowledgement, Ms. Sauvageau suggested that the Newsletter run a list of all candidates, local and state, that will appear on the Nottingham ballot at election times. Chair Netishen acknowledged Ms. Schmottlach. Ms. Schmottlach suggested the list contain contact information for the candidates so that residents could obtain additional information, if they chose. Chair Netishen addressed the issue of accuracy and accountability. Ms. Capron believes the information should be published as an article from the Town Clerk identifying candidates that will appear on the Nottingham ballot. All agreed that this would benefit the residents of Nottingham.
Returning to the establishment of a policy, the Selectmen acknowledged that it was not something that would be completed this evening and invited the Newsletter volunteers to continue to provide input to Mr. Brown regarding the impact political advertising/articles would have on volunteers, cost, and the general operation of the Nottingham Community Newsletter. Chair Netishen acknowledged Ms. Mills. Ms. Mills suggested that a committee comprised of residents be established to research and write the policy on behalf of the Selectmen, noting that funds should be made available for the impact of additional staffing or general operations, if needed. Ms. Capron informed all that the volunteers had submitted a petition for funding for a staff person before, but it was voted down.
Chair Netishen thanked Ms. Capron and Ms. Legard for their time and asked them to continue thinking about the policy and providing input to Mr. Brown. Ms. Capron and Ms. Legard left the meeting.
APPOINTMENTS:
7:00 PM – Brian Stucker (R) and Hal Rafter (D) – Political Broadcasting Policy
At 7:07 PM Chair Netishen acknowledged Mr. Stucker, Co-Chair of Nottingham Republican Party and Hal Rafter Chair of Nottingham Democratic Party and invited them to the mic.
At Mr. Stucker’s inquiry, Chair Netishen explained that Mr. Stucker and Mr. Rafter had been invited to attend the meeting to discuss a policy on political broadcasting, noting that a request had been made at a previous meeting by a member of the Board of Selectmen to broadcast a political event which was taking place at the Nottingham Elementary School on August 22. The remaining Selectmen had decided not to broadcast the live event because there was no policy. Chair Netishen informed Mr. Rafter and Mr. Stucker that they had been invited to provide input for a policy.
Ms. Bonser informed all that since making the request to broadcast the event, she had done some research through NHMA where she was provided an opinion from Attorney Philmore that legally there was more liability in not allowing public access than in what might be said, and was directed to Durham’s policy, which she, in part, cited. She further noted that the Town’s attorney and an independent attorney she sought out agreed with Attorney Philmore. Chair Netishen asked Ms. Bonser if she wished to recuse herself as Selectmen during the discussion. Ms. Bonser declined, noting that this is not a partisan issue as much as it is an issue of freedom of speech.
A lengthy discussion ensued. Mr. Stucker informed the Selectmen that he had researched Merrimack, Manchester, Nashua, Portsmouth, and Berlin, which all have broadcasting policies, as well as, Durham. He believes that the availability of broadcasting is good for all and that the policy should contain a Code of Conduct. Mr. Bock and Mr. Brown pointed out that comparing Nottingham’s availability of public access to the cities referred to by Mr. Stucker was not a balanced comparison. Mr. Stucker acknowledged the difference, noting that Merrimack has four (4) public access stations. Ms. Bonser noted that Epping does not restrict public use of their public access channel. There was discussion of how programming schedules and fees are incorporated.
Mr. Rafter clarified with the Selectmen that they had erred on the side of caution in not broadcasting the event but had not decided whether they should air the tape. Chair Netishen indicated that no formal request had been made to air the tape. Mr. Stucker requested that the tape be aired. Mr. Rafter inquired about a policy. Currently there is no policy. Mr. Rafter inquired about a committee and whether or not the cable contract addressed such issues. Chair Netishen informed Mr. Rafter that if, in the Selectmen’s judgment, a committee needed to be established one would be established. Mr. Rafter is inclined to give the opinion that use of the public access channel should be open to the public but voiced concern over what exactly that would mean, noting that there is a
difference between providing information and campaigning. There was discussion about this being bigger than politics; once it is open it may be open to anyone who wishes to air anything. Referring to the event that was taped, Ms. Bonser believes it to be very mild and not inclusive of anything that could not be aired.
Mr. Bock repeatedly voiced concern over content and the wants of the community, noting that to open it up without a policy would be a quagmire. Chair Netishen voiced concern over cost, scheduling, staffing, et cetera, and opened the meeting to public comment.
Ms. Sauvageau felt that the Republican Party should have checked into public policy on broadcasting during their two (2) months of planning, and questioned whether it was the town’s responsibility to air a political ad. Ms. Schmottlach feels that since there was no Q&A at the event that it is equivalent to an ad and will not be informative for the public. She also read part of an e-mail from Bonnie Winona who stated that she has no desire to have public monies which pay for Channel 22 spent on political propaganda. Mr. Mills agreed, stating that it is not equal for one party to have the opportunity when the other does not. He feels that the Selectmen should appoint a committee to establish a policy. Ms. Bonser believes that it is information for Republicans since these candidates
would appear on the primary ballot given to Republicans and clarified that the Democratic Party would have as much right to broadcast an event prior to the general election. Chair Netishen clarified that any organization would have the opportunity to broadcast. Mr. Bock clarified that when a policy is in place, any organization will be able to broadcast, and reiterated that his main concern is to open it up without a policy in place. Mr. Brown clarified that the request to air the event came in prior to the event date and that there is no policy because the issue has never been raised, adding that Nottingham has grown tremendously since cable-casting was installed 18 years ago. Ms. Mills noted for the record that she was denied an article in the Nottingham Community Newsletter at a time when there was no policy in place.
Mr. Rafter inquired about what capability the town had to broadcast under existing conditions, noting that he did not think the lack of policy would support denying a request to broadcast. Ms. Bonser informed him that tapes can be run, at the Selectmen’s discretion, when there is staff in the office. Mr. Brown noted that the equipment in the Town Office is not the same as the equipment at the school and cannot be set up to run at automatic intervals.
Chair Netishen informed all that a committee would be established at the Selectmen’s September 15 meeting.
Motion: Bonser, to allow the video tape of the Republican Party’s Meet and Greet held on August 22 to be broadcast prior to the primary on September 9, 2008.
Chair Netishen called for a second. There was none. Motion died.
Mr. Bock implored the Selectmen to quickly get a policy in place. Ms. Bonser voiced disgust and disappointment over the other Selectmen’s response to the motion. Mr. Bock indicated he was comfortable with his decision, noting that he feels he needs to be able to see the bigger picture. Chair Netishen noted that there are two (2) more meetings before the elections in November. He would like to have a policy in place by that time. He made a public plea for volunteers for the committee and informed all that a volunteer request would be posted around town and placed on Channel 22. Ms. Mills and Mr. Stucker volunteered. Chair Netishen asked them to complete a Volunteer Form and submit it to the Town Office. Mr. Bock believes that the committee needs to move expeditiously on
the policy and that once it is in place it will be a great advantage to the public.
Chair Netishen thanked everyone for their input and moved the meeting along to general business. Ms. Schmottlach, Ms. Sauvageau, Ms. Mills, and Mr. Mills left the meeting.
GENERAL BUSINESS:
Mr. Brown informed the Selectmen that Mr. Somers (Comcast Rep.) had contacted him last week to let him know that no contact had been made with Metrocast. Mr. Bock and Chair Netishen feel that Mr. Somers had clearly indicated that he would follow up with Metrocast quickly. Mr. Brown reported that Mr. Somers had indicated that he had made several calls but had not yet made contact. The Selectmen feel that this issue needs to be closely followed or it will be dropped by Comcast. Ms. Bonser suggested writing a letter to Comcast telling them to install the cable on Steven’s Hill Road to see if that generated a response. Mr. Bock suggested that Mr. Brown continue his contact with Mr. Somers and if there is no follow through from Comcast, the Selectmen should send a letter. Mr. Comeau,
sitting in the audience, reminded the Selectmen that he had made upwards of 35 phone calls to Mr. Somers with no response. Ms. Bonser again suggested writing a letter and copying the FCC. Chair Netishen felt this was a good idea and would set the tone for the new contract.
At Mr. Comeau’s inquiry, Ms. Bonser indicated that she believed the Town could compel Comcast to install the cable at the Town’s expense. Mr. Comeau informed Ms. Bonser that the contract states that cable would be installed at the cable company’s expense, upon request. He reported to the Selectmen that Mr. Somers had threatened to pass the cost on to the Town based on a 1984 Communications Act which has no bearing, adding that the ruling had been amended in 1992 so that cable companies cannot pass on frivolous costs. Mr. Brown indicated that he believed the Town would have to go at this legally, adding that the cost could very well equal the cost Comcast had quoted for installation. Mr. Comeau suggested that the town start documenting any and all issues with Comcast for the
upcoming contract renewal.
Mr. Comeau asked for clarification of the Selectmen’s intent in this matter. Chair Netishen informed Mr. Comeau that a letter would be sent to Comcast and copied to the FCC. The Selectmen agreed that they will need to stay on top of this issue until it is resolved.
Mr. Comeau left the meeting.
Chair Netishen moved on to perambulation. Ms. Chauvey reminded the Selectmen that there had been questions of conflict regarding Mr. Landry attending perambulation of the Lee/Nottingham boundary with Ms. Bonser, and also around Ms. Bonser owning land that abuts Lee. Mr. Brown informed the Selectmen that there is no conflict with perambulation, noting that it is simply to mark the Town boundaries.
Ms. Chauvey reported that Mr. Bock had a confirmed perambulation meeting scheduled for Barrington with Suzanne McNeil and Peter Cook on September 17, at 11:00 AM. They will meet at the corner of Smoke Street and Route 4. She also reported that Ms. Bonser had a confirmed perambulation meeting scheduled for Lee with Caren Rossi and Bob Moynihan on October 11, at 9:00 AM. They will meet at a boundary between the homes of Peter Landry and Caren Rossi. No other appointments have been confirmed. Chair Netishen asked Ms. Chauvey to schedule appointments for him with Deerfield and Raymond on November 17, one in the morning and one in the afternoon, if possible.
At 8:35 PM Chair Netishen called a break. The following announcements were made:
Mr. Bock informed the public that the Farmer’s Market would be holding their Fall Harvest on October 14, noting that there will be entertainment and goodies.
Ms. Bonser informed the public that Primary Day is Tuesday, September 9th, and the polls would be open 8:00 AM – 7:00 PM.
Ms. Bonser reminded the public that Nottingham Day is scheduled for September 20, rain date September 21. The Fun Run begins at 9:00 AM and the days events will open to the public at 10:00 AM.
At 8:40 PM Chair Netishen reconvened the meeting.
Mr. Brown informed the Selectmen that he had received the resignation of Terry Delp as a Supervisor of the Checklist, citing physical reasons, effective immediately. He explained that the remaining Supervisors will appoint someone until election time.
ADMINISTRATIVE BUSINESS Cont.:
The Selectmen addressed the signature file.
Motion: Bock, second Bonser, to sign the abatement of yield tax request for assessed doomage on Map 61 Lot 2 in the amount of $2,190.50.
Vote: All in favor. Motion passed 3-0.
Motion: Bock, second Bonser, to sign a Timber Tax Levy on Map 51 Lot 5-1 in the amount of $852.78.
Vote: All in favor. Motion passed 3-0.
Mr. Brown reminded the public that the Recycling Center Policy has been in effect for two years and requires all vehicles dropping trash off at the Recycling Center to have a valid permit and all MSW (compactor) trash to be in transparent bags. He clarified that white bags are not transparent. Clear or transparent blue bags may be used. Mr. Brown informed the Selectmen that he had received requests that the Town sell bags since they are required, noting that this was a practice in the past. At Chair Netishen’s inquiry, Mr. Brown informed the Selectmen that the Town had stopped selling them due to staffing and storage issues. Mr. Brown offered to look into the prospect of selling bags, if the Selectmen wished to pursue this avenue. The Selectmen asked Mr. Brown to look into the
cost.
Chair Netishen moved on to the outstanding minutes.
MINUTES
August 4, 2008
Line 22: Change ‘lose’ to loose’
Line 98: Change ‘things’ to ‘features’
Line192: Change the amendment to “Amendment: Bonser, second Bock to vote in the affirmative to assume the deed subject to the Conservation Commission’s vote.”
Motion: Bonser, second Bock to approve the minutes of August 4, 2008 meeting with the above noted corrections.
Vote: All in favor. Motion passed 3-0.
Mr. Bock announced that the Nottingham Day Committee was looking for volunteers and that they would be meeting the next evening, Wednesday, September 3, 2008 at 7:00 PM in Conference Room #2. He invited any interested individuals of the public to attend.
August 18, 2008
Line 27: Change ‘ration’ to ‘ratio’
Line 142: Add a ‘.’ to the end of the sentence
Line 160: Change ‘form’ to ‘recommendation’
Line 178: Change ‘and’ to ‘an’
Line 229: Change ‘DAR’ to ‘DRA’
Motion: Bonser, second Netishen to approve the minutes of the August 18, 2008 meeting with the above noted corrections.
Vote: All in favor. Motion passed 3-0.
August 20, 2008
Motion: Bock, second Netishen to approve the minutes of the August 20, 2008 workshop as written.
Vote: All in favor. Motion passed 3-0.
The Selectmen determined that they will address the minutes of the August 20, 2008 non-public session during their next non-public session.
GENERAL BUSINESS:
Ms. Bonser informed Mr. Brown that she had been receiving phone calls in regards to the dog issue on Mitchell Road. Mr. Brown believes that there has been a third offense and the case is required to go to court. He informed her that it has been scheduled in Candia District Court for September 17, at 8:30 AM. Mr. Brown will check on the details of this particular case and get back to Ms. Bonser.
Ms. Bonser inquired about the status of the USA Springs auction. Mr. Brown informed her that he believes the scheduled auction is unlikely due to the bankruptcy action.
Chair Netishen referred to the copies of the budget timeline submitted by Mr. Brown. He asked Mr. Brown if it would be possible to back it up a week. Mr. Brown will check with Department Heads. Ms. Bonser will get the CIP request forms distributed tomorrow.
Chair Netishen voiced concern over the 2009 budget and asked the other Selectmen to consider a percentage cap on the increase. He informed the others that he had gone through the budget and identified accounts that he believed could be level funded, leaving the Department Heads to focus on their critical operating other lines. Mr. Bock and Ms. Bonser voiced concern over placing a percentage cap because they had gone through the budget last year leaving very little room for unforeseen expenditures. Mr. Brown reported that his big issues are salaries and insurance. Chair Netishen feels there are four (4) big issues facing the 2009 budget: salaries, insurance, energy, and retirement. Mr. Brown informed the Selectmen that if they wished to make changes to the insurance he needed to start work on
that right away. Mr. Bock was uncomfortable having Mr. Brown moving forward with investigating changes without further discussion. The Selectmen decided they would hold a workshop within a week’s time to discuss the insurance issue.
Having no further business,
Motion: Bonser, second Bock to adjourn the meeting.
Vote: All in favor. Motion passed 3-0.
Meeting adjourned at 9:43 PM.
Respectfully submitted,
Traci Chauvey
Recording Secretary
Approved as amended in the 09/15/08 meeting minutes
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