Town of Nottingham
Selectmen’s Meeting Minutes
September 15, 2008
6:32 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
Others: Brian Stucker, Resident, Charlie Brown, Town Administrator, Traci Chauvey, Recording Secretary
ADMINISTRATIVE BUSINESS:
Chair Netishen inquired about department reports. Mr. Brown reported that the Road Agent is working on his budget, adding that he is looking at approximately $80 per ton for asphalt products in the upcoming year. Police Chief Gunnar Foss is currently on vacation. Mr. Brown updated the Selectmen on the issue of the dog complaint on Mitchell Road stating that this is the third offense, which requires a court appearance. The Defendant is appealing the ticket and both the defendant and one of the neighbors have hired attorneys. The trial date will be set this Wednesday and the County Prosecutor will be handling the trial. Mr. Brown reported that the Recreation Department is very busy with the last minutes preparations for Nottingham Day. Chair Netishen asked Mr. Brown to obtain a
report on the Recreation Department’s Summer Programs from Ms. Horvath.
The Selectmen addressed the signature file, signing an Employment History.
Motion: Bock, second Bonser, to sign a Timber Tax Levy on Tax Map 32 Lot 9 in the amount of $365.39.
Vote: All in favor. Motion passed 3-0.
The Selectmen signed the Timber Tax Levy documentation.
Mr. Brown informed the Selectmen that all town funds, including those held by the Trustees of the Trust Fund are covered by the Collateralization Agreement that has been signed.
GENERAL BUSINESS
Mr. Brown reported that he had heard from Mr. Somers (Comcast) and that there had been contact with Metrocast but nothing was resolved at this time. Ms. Bonser asked Mr. Brown to get a written statement of the status. Chair Netishen asked Mr. Brown to keep good notes of his contact with Comcast. Mr. Brown reported that Mr. Comeau had also called and he had informed him of his conversation with Mr. Somers.
MINUTES:
September 2, 2008:
Line 14: Add Mr. Comeau under the “Others Present” section.
Line 24: Remove “and that” before “…the Selectmen…”
Motion: Bonser, second Bock to approve the minutes of the September 2, 2008 meeting with the above noted corrections.
Vote: All in favor. Motion passed 3-0.
The Selectmen discussed the following action items from the minutes of the September 2 meeting:
At Chair Netishen’s inquiry, Mr. Brown reported that a letter had not yet been written to Comcast with a copy to the FCC. Chair Netishen and Ms. Bonser asked Mr. Brown to get the letter out this week. Mr. Brown said he would try.
Mr. Bock reported that Greenland has positive income from recycling and inquired if Mr. Brown had made any progress on the possibility of the town selling bags that can be used at the Recycling Center. Mr. Brown informed them that he has started an inquiry process but does not have anything to present to the Selectmen at this time
Chair Netishen asked Mr. Brown to follow up with the Supervisor’s of the Checklist in regards to a replacement for Ms. Delp.
The Selectmen set a workshop to discuss insurance on September 18, 2008 beginning at 8:15 AM. Mr. Brown reported that he has sent out two Requests for Proposals (RFPs) but has not received anything back at this time.
GENERAL BUSINESS Cont:
Mr. Brown reported that Nottingham has received the final reimbursement for the Deerfield Road Bridge.
Mr. Brown updated the Selectmen on the status of the dry hydrant that was replaced off of Smoke Street. Mr. Demerrit, Nottingham Conservation Commission, had felt that a permit was required. Mr. Brown has spoken with Mark West, a Wetland Scientist who does work for the Town, and does not believe this is necessary. He noted that it would require a survey and submission of an after the fact application. He intends to speak with the Conservation Commission, however, they did not meet this evening. Ms. Bonser suggested that the Selectmen meet with the Conservation Commission during their Wednesday morning workshop to discuss a process for handling these types of situations. Mr. Brown informed Ms. Bonser that the Conservation Commission is only available at night. He further noted that
this situation was a complete oversight, adding that the work was done by volunteers on their own time. The Selectmen agreed to have Mr. Brown follow up with the Conservation Commission and report back to them.
The Selectmen decided not to renew their individual subscriptions to Better Roads. Chair Netishen noted that it has very little to do with small towns and if there is something that relates, they can obtain the copy that comes into the office.
Chair Netishen noted for the record that the Selectmen had been requesting a contractual agreement from the Police Department for several years and tonight they had a draft to review. They all voiced concern over IV. EXCEPTIONS, raising different issues around injury on the job, purposeful misconduct, and force reduction. They decided to invite Chief Foss to their Wednesday morning workshop to discuss these concerns.
Chair Netishen opened discussion on the appointment of the Housing & Conservation Planning Program (HCPP) Advisory Committee, noting that they had received at least one nomination from all boards/committees that were invited to participate. At Chair Netishen’s inquiry, Mr. Bock explained that Chet Batchelder had been chosen from the Budget Committee, however, Michael Koester had also expressed interest and was selected as the back-up. He further explained that Amy Plante had also expressed interest (while at the Budget Committee meeting) as a School Board Representative but was not able to commit since the School Board had not yet met to discuss the appointment. Mr. Bock volunteered to be the Selectmen’s Representative. Ms. Bonser suggested appointing a Committee of three consisting
of representatives from the School Board, Conservation Commission, and Board of Selectmen, to begin. She felt that there are time sensitive issues and that things would not get accomplished with a large committee. Mr. Brown felt the first and most prevalent issue was the selection of the Consultant. Chair Netishen noted for the record that the Conservation Commission had requested participation from the listed committees and felt comfortable moving forward with the appointments as listed on the sheet provided, including the two alternates.
Motion: Netishen, second Bock to appoint Mike Russo (ZBA), Jack Caldon (School Board), Joe Welch (Historical Society), Deb Fernald (Conservation Commission), Chet Batchelder (Budget Committee), Dave Smith (Planning Board), and a Selectmen’s Rep. (to be determined) as the regular members of the HCPP Grant Advisory Committee, with Michael Koester (Budget Committee), and Amy Plante (School Board) as Alternates.
Vote: Chair Netishen and Mr. Bock voted in favor. Ms. Bonser voted in favor with reservations as she feels that this committee will be unwieldy. Motion passed 3-0.
Chair Netishen and Mr. Bock felt that the Committee should come together for their first meeting and decide among themselves if it seemed too many people are involved. If either the Committee or the Conservation Commission informs the Selectmen that the Committee is not manageable and not able to make progress, the Selectmen will, at that time, reduce the number of committee members.
Chair Netishen opened discussion on the appointment of a Communications Policy Committee. Ms. Chauvey reported that the volunteer forms submitted had indicated that the individual was volunteering for the Channel 22 Broadcasting Policy Committee and asked Chair Netishen to clarify that the committee would also be writing a policy for the Nottingham Community Newsletter. Chair Netishen felt the minutes adequately reflected that intent. Chair Netishen informed everyone that six (6) volunteer forms had been received. He and Ms. Bonser noted that even numbered committees are not good practice. Ms. Bonser recommended four (4) volunteers and a Board of Selectmen representative. The make up of the committee was discussed. Ms. Bonser felt that she was invested in the process and
volunteered for the committee. Mr. Bock and Chair Netishen do not feel that this committee should have a Selectmen’s Representative. Mr. Brown reminded everyone that whatever policy was created by the committee would have to come back to the Board of Selectmen for acceptance. Mr. Bock felt that there was good representation and qualified people in the pool of volunteers. Ms. Bonser conceded. In the spirit of neutrality and based on the stipulation from the Court stating that the policy would be established “well before” the general election, she recommended a committee of three (3) comprised of Brian Stucker, Hal Rafter, and Chelli Tennis. Chair Netishen asked Ms. Bonser for clarification of her comment regarding the Court. Ms. Bonser read a section of the Agreement pertaining to the establishment of the committee and the timely establishment of a policy. Chair Netishen agreed that this policy needs to be established
quickly and reminded Ms. Bonser that he had requested copies of the policies she had obtained from other towns. Ms. Bonser apologized, noting that she had been busy. Mr. Brown recommended that the appointed committee use three of the policies obtained from other towns to pull what pertains to Nottingham for the draft policy that would come before the Selectmen.
Mr. Bock, noting that he was away when the process went to Court, strongly indicated that he believed the record should report what had transpired, because he felt that many people were not aware. Ms. Bonser explained that the Selectmen had discussed broadcasting of a political event at a previous meeting, where, she felt, the Selectmen were presented with voluminous amounts of information regarding public political speech. A motion was made in favor of broadcasting the tape of the Republican Party’s Meet & Greet, and a motion was made in opposition to the broadcasting. The Selectmen came to an impasse with no second to either motion and the broadcast was not allowed to take place. She further explained that the next day she contacted her lawyer, and several others, who supported her
stance on political speech. She decided to take this case to court. She stated that the Judge also sided with her and felt that the broadcast should not have been prohibited. Chair Netishen asked Ms. Bonser if she spoke with the judge. Ms. Bonser replied that she had not, however, the Attorney’s had said as much. Mr. Bock asked if the Judge had any concerns over procedure or protocol. Ms. Bonser offered to read the Agreement. Chair Netishen announced that the outcome was that the Judge gave both Attorneys 15 minutes to talk with their clients and come to an agreement. If an agreement was not reached, the Judge would rule but not necessarily at that moment since he had a full docket. Chair Netishen further stated that each Attorney talked with their client and they sat down and wrote out an agreement. Ms. Bonser stated that both Attorneys had indicated that the Judge was going to rule in her favor. She then read
the Agreement (see official file).
Mr. Bock noted for the record that there were going to be practical applications to consider, such as access to the machinery, in regards to having the policy in place “well before” the general elections, adding that Mr. Brown would need to provide input to the committee. He indicated that he is glad that they are on the road to resolving this issue and acknowledged the competent individuals who had volunteered. He wants the public to know that the Board will fully support whatever policy and protocols are put in place. Chair Netishen announced for the record that the Agreement resolved all outstanding issues raised by the petition, noting that one important issue was that the Republican Party was seeking Attorney’s fees and other costs which would have been significant to the Town. Ms. Bonser felt the record should indicate that it was the actions of the other two (2) Selectmen that cost both her and the Town a lot of money. Chair Netishen will make a public announcement on
the costs when the invoices are received.
Motion: Bonser, second Bock, to appoint Brian Stucker, Hal Rafter, and Chelli Tennis to the Communications Policy Committee.
Vote: All in favor. Motion passed 3-0.
Chair Netishen asked if there were any considerations for the Committee from the other Selectmen. Mr. Bock hopes the group will seek out input from Mr. Brown. Ms. Bonser hopes the end result will be a process the whole town can use. Chair Netishen hopes the committee will put a written statement in place for the “producer” to sign regarding inappropriate content, and address practical aspects, such as the age of the equipment, costs, and schedules. Mr. Brown feels the biggest problem will be access to the equipment since it is located in the Town Office and keys cannot be freely disseminated. Ms. Bonser suggested moving the equipment to the meeting room and indicated that Mr. Stucker could possibly do that for the Town. Mr. Stucker believes that the equipment is adequate for
the time being and could be moved to a more accessible location. Mr. Brown noted that the set-up is only equipped for VCR tapes. Mr. Stucker feels that the connections are accessible for DVD also.
Chair Netishen acknowledged and thanked Chris Mills, Gail Mills, and Traci Chauvey for volunteering their time for the committee.
Mr. Brown informed the Selectmen that he had received a request to put a link for the Boy Scouts of America on the Town web site. The Selectmen determined that this was not the appropriate time for placing outside links on the web site and would like time to consider whether a policy should be put in place for this also.
Mr. Bock exuberantly reminded all that Nottingham Day was coming up on Saturday, September 20, noting that the weather was looking promising.
Mr. Brown was given permission to attend the Wellness Conference being held on October 22 & 23 in Whitefield, NH.
Motion: Chair Netishen, second Bonser to enter into non-public session pursuant to RSA 91-A:3 II (c).
Roll Call Vote: Bonser – Yea, Bock – Yea, Netishen – Yea. Motion passed 3-0.
At 7:49 PM, Chair Netishen opened the non-public session.
Motion: Netishen, second Bock to close the non-public session.
Roll Call Vote: Bonser – Yea, Bock – Yea, Netishen – Yea. Motion passed 3-0.
Motion: Bonser, second Bock to seal the minutes of the non-public session.
Roll Call Vote: Bonser – Yea, Bock – Yea, Netishen – Yea. Motion passed 3-0.
Chair Netishen closed the non-public session at 8:03 PM. No action was taken in non-public session with the exception of the approval of the August 20, 2008 non-public session minutes.
Having no further business,
Motion: Bonser, second Bock to adjourn the meeting.
Vote: All in favor. Motion passed 3-0.
Meeting adjourned at 8:03 PM.
Respectfully submitted,
Traci Chauvey
Recording Secretary
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