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Board of Selectmen Minutes 10/14/2008
Town of Nottingham
Selectmen’s Meeting Minutes
October 14, 2008

7:02 PM  Acting Chair Bonser opened the meeting and asked all those present to stand for the Pledge of Allegiance.

Members Present:  Mary Bonser, Peter Bock
Members Absent:  Bill Netishen
Guests:  Paul Comeau, Hal Rafter, Brian Stucker
Others:  Charlie Brown, Town Administrator and Traci Chauvey, Recording Secretary

ADMINISTRATIVE BUSINESS:

Acting Chair Bonser inquired about department reports.  Mr. Brown indicated there were no reports from the individual departments.  He informed the public that Household Hazardous Waste Day is scheduled for October 25 from 10:00AM until 2:00PM.  Nottingham is sponsoring this event with the towns of Raymond and Auburn, this year, and it will be held at the end of Industrial Drive, off Old Manchester Road (Exit 4), across from the Raymond Safety Complex.  Mr. Brown reported that he has had several inquiries from residents and is hoping for better participation than in the past, noting that the last two years has netted only nine participants.

Acting Chair Bonser reported that she had read the police employment contract samples and supporting documentation provided by Attorney Teague’s office.  Mr. Brown explained that it is costly to train police officers and that when they leave within three years of training it is a large financial loss to the department.  The sample contracts received show how to prorate costs that can be recouped if the employee terminated employment within the first three years.  Acting Chair Bonser informed Mr. Brown that she is comfortable with the sample contracts received and felt that the final contact Nottingham uses could be handled administratively if Chief Foss had no questions or issues with the samples that were forwarded to him.

Acting Chair Bonser announced that the Selectmen would not approve minutes in the absence of Chair Netishen.

Acting Chair Bonser inquired about the CIP.  Mr. Brown felt discussion should be held for a workshop as he was not prepared to present the items to the Selectmen at this time.  Acting Chair Bonser informed Mr. Brown that the CIP Committee was planning to meet on Monday, October 20 at 8:15 AM to speak with Chief Vilchock of the Nottingham Fire and Rescue Department, Jack Caldon of the School Board, and Mr. Fernald of the Highway Department to confirm accuracy of the CIP.  Mr. Bock indicated that he was interested and would try to attend the meeting.  Mr. Brown noted that there are many big items this year.

Acting Chair Bonser will not be able to attend Thursday’s budget meeting due to a six week class she is taking.

Mr. Bock reminded all that general election day is November 4, 2008.  Polls will be open from 8:00 AM thru 7:00 PM.  The last day to register or change registration information is Saturday, October 25.  Changes can then be made the day of the elections.


The Selectmen turned their attention to the signature file and signed Intent to Cut forms for TM 53 L 6-2 and TM 4 L 2

Motion:  Bonser, second Bock to sign a Land Use Change Tax for TM 59 L 37-2 in the amount of $12,500.
Vote:  All in favor.  Motion passed 2-0.
The Land Use Change Tax form was signed.

Motion:  Bonser, second Bock to sign a Land Use Change Tax for TM 59 L 37-3 in the amount of $12,500.
Vote:  All in favor.  Motion passed 2-0.
The Land Use Change Tax form was signed.

Motion:  Bonser, second Bock to sign a Land Use Change Tax for TM 59 L 37-4 in the amount of $12,500.
Vote:  All in favor.  Motion passed 2-0.
The Land Use Change Tax form was signed.

Acting Chair Bonser announced that the $37,500 would go to the Nottingham Conservation Commission.

Mr. Bock announced that he had recently been out to perambulate the Town boundary between Barrington and Nottingham, noting that he will also be doing Northwood once an appointment is confirmed.  He found the perambulation process to be quite interesting.  Acting Chair Bonser announced that she also had been out to perambulate boundaries.  She completed Nottingham and Epping perambulation with an Epping Selectman and Mr. Dan Harvey, and the Nottingham and Lee boundary with Peter Landry, Caren Rossi, and Robert Moynihan, noting that they had discovered that the boundary at border of all three towns has been moved at least two times.  Participants are in the process of working out a resolution to the boundaries that have been moved or are missing.

APPOINTMENTS

7:30 PM – Paul Comeau, Stevens Hill Road Cable Service Update
At 7:30 PM Acting Chair Bonser acknowledged Mr. Comeau.

Mr. Brown reported that Mr. Somers (Comcast) had called to let him know that Metrocast was not interested in providing service to the residences in question on Stevens Hill Road.  They have no customers out that way and the run for Metrocast would be approximately 2½ miles.  He further stated that the Selectmen had inquired about sending a letter to either the FCC or the PUC but research has indicated that neither of those agencies oversee the cable companies in this manner.  Acting Chair Bonser inquired as to who does oversee cable.  Mr. Comeau felt that the Cable Act of 1984 indicated it was the FCC.  Acting Chiar Bonser suggested that Mr. Comeau call the Governor’s help line to see who regulates cable.  If he did not receive an answer going that route, she suggested he write a letter to Senator Sununu, noting that she has always had a good response from him.  Mr. Bock noted that he believes Mr. Comeau’s issue arose at a poignant time.  The Town is just starting their review of cable service for renewal of the cable franchise.  He suggested that Mr. Comeau stay in touch with the Selectmen on a regular basis for updates.  The Selectmen suggested that Mr. Comeau may want to volunteer for the cable franchise renewal committee.  Acting Chair Bonser inquired about satellite service.  Mr. Comeau informed all that he currently has satellite service and it is not adequate.  He is trying to run a business and gets shut down for 24 hours at a time quite frequently.  He also stated that FIOS is not an option in his area.  Mr. Brown indicated the there is some inconsistencies between the information that he has received from Mr. Somers regarding the Cable Act and the information provided by Mr. Comeau around the same act.  It is unclear as to what costs Comcast legally has the right to pass on to the Town and its residents.  Acting Chair Bonser informed Mr. Comeau that the town would start making phone calls, also, and asked him, again, to stay in touch.  Mr. Comeau indicated that he will start making calls and stay in touch with the Selectmen.  Mr. Comeau thanked the Selectmen and left the meeting.

7:45 PM – Communications Policy Committee – Interim Policy
At 7:45 PM Acting Chair Bonser acknowledged Hal Rafter and Brian Stucker.

Introductions were made and it was explained for the benefit of all that this committee has no political agenda and that Chelli Tennis is also a member of this committee but was otherwise engaged tonight and could not attend but concurs with what the other members were presenting.

Acting Chair Bonser asked if the members had seen the suggested revisions sent by Attorney Upton that morning.  Neither had.  A break was called at 7:47 PM to allow Mr. Rafter and Mr. Stucker time to review and discuss the recommended changes.

Acting Chair Bonser reconvened the meeting at 7:52 PM.  Mr. Rafter and Mr. Stucker informed the Selectmen that they did not want to take the recommendation of the Attorney on item #2 and wished to proceed with it as submitted.  They concurred with the recommended changes for item #6 and item #7.  Mr. Stucker read item #2 as submitted.  Mr. Bock read item #2 as suggested.  Mr. Rafter felt that the suggested change changed the committee’s intent on this item.  They intended to leave it open for local advertising and the recommended change would not allow for that.  Mr. Bock made two observations of the policy.  First, his original concern of a local resident, whose business is based elsewhere, advertising on Channel 22 had not been addressed.  Secondly, he was concerned that the policy would not allow criticism but this policy did not take away that ability.  Mr. Brown informed everyone that he had been in contact with Chair Netishen who also had a recommendation.  He wanted to add to the policy a maximum time in advance that programs could be scheduled.  The group discussed appropriate lengths of time for planning purposes and agreed upon a maximum of one month in advance.

Mr. Stucker inquired about the schedule.  Mr. Brown stated that the Town Office would create and maintain the schedule.  He explained that a key release signature sheet was also being developed and that someone scheduling a cablecasting time would need to come into the office to sign the form and get the key.  The key will be to the front door only; the room will not be locked.  Mr. Bock indicated that he has issues with the space being used for the VCR and monitor and its current multifunction state.

Acting Chair Bonser summarized the committee stance on the agreement; leave # 2 as proposed, change #6 and #7 as recommended by Attorney Upton, add “a maximum of one month in advance” after the word reserved in the last paragraph.  All agreed.  Mr. Rafter informed the Selectmen that Ms. Capron, Nottingham Librarian, is currently working on a draft proposal that they can work off of to write the advertising policy for the Nottingham Community Newsletter.

Motion:  Bock, second Bonser to adopt the Public Access Television Interim Operating Policy as amended.
Vote:  All in favor.  Motion passed 2-0.
Mr. Bock requested the Chair Netishen be notified of the accepted and unaccepted changes.

At Acting Chair Bonser’s inquiry, Mr. Stucker stated that the Committee’s intent is to have a final policy in place by the end of the year.

Acting Chair Bonser called a break at 8:23 PM.  Mr. Rafter and Mr. Stucker left the meeting.

Acting Chair Bonser reconvened the meeting at 8:30 PM.  Mr. Bock announced that many meetings are coming up and referred the public to Channel 22 for dates and times.

ANY FURTHER BUSINESS

Motion:  Bonser, second Bock to go into non-public session under 91-A:3 II (a) and (c).
By Roll Call Vote:  Bock – yea, Bonser – yea.  All in favor.  Motion passed 2-0.

The Selectmen entered non-public at 8:33 PM.

The Selectmen exited non-public at 8:53 PM.  While in non-public the following decision was made:

Motion:  Bock, second Bonser to allot a bonus to Captain Dan Elliot of the Nottingham Fire and Rescue Department in the amount of $750.00.
Vote:  All in favor.  Motion passed 2-0.

Motion:  Bonser, second Bock to seal the minutes of the non-public session.
Vote:  All in favor.  Motion passed 2-0.

Having no further business,
Motion:  Bonser, second Bock to adjourn the meeting.
Vote:  All in favor.  Motion passed 2-0.

Meeting adjourned at 8:55 PM.

Respectfully submitted,


Traci Chauvey
Recording Secretary