Town of Nottingham
Selectmen’s Meeting Minutes
August 18, 2008
6:35 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: Janet Horvath, Recreation Director, Paul Comeau, Resident, Susan Mooney, Nottingham Conservation Commission, Jay Somers, Comcast
Others: Robin Comeau, Carol Stoddard, and Traci Chauvey, Recording Secretary
ADMINISTRATIVE BUSINESS:
Chair Netishen acknowledged Ms. Horvath and invited her to speak.
Ms. Horvath addressed the Selectmen on their vote to oppose NHMA’s stance on licensing for municipal recreation programs. She gave a brief history of the legislation noting that New Hampshire’s Recreation Departments have been working hard since 1993 to stay exempt from this legislation because it does not fit their programs. There are two licensing agencies; DHHS is the licensing agency for child care and DES – Water Division is the licensing agency for youth camps. They require running hot water, a nurse or EMT on staff, specialized training for staff and a myriad of other things. Ms. Horvath reported that many towns have only playground programs where there is only a port-a-potty and a water fountain. She voiced concern for the number of programs around the state that
would be shut down. She further feels that while some of the rules are too stringent, some are too lax, noting that they allow a 1:15 leader/child ratio where she does not believe it should be higher than 1:8.
Mr. Bock inquired about Ms. Horvath’s peers. Ms. Horvath reported that they are all in support of NHMA’s stance, noting that there has been a suggestion within the state to develop rules for recreation departments. Chair Netishen inquired about the affect the rules could have on Nottingham. Ms. Horvath reported that she runs as close to the rules of both agencies as she can, but it could change some of her programs, such as beach and cooking, require the hiring of a janitor and a nurse, and additional staff training among other things. Chair Netishen asked if there are any licensed recreation departments. Ms. Horvath stated that usually a program that falls under the recreation department is licensed such as Barrington’s 3-4 year old program.
Ms. Bonser sympathized with the situation the legislation puts municipal recreation departments in, however, does not feel that government should exempt itself from its own rules. She feels that the problem needs to be addressed and corrected, not circumvented.
Chair Netishen voiced concern with risk and liability and inquired about whether the Nottingham program was able to meet the requirements, noting for the record that he had confidence in the program after having watched Ms. Horvath run it for the past few years. He reminded the other Selectmen of their vote to oppose NHMA’s stance to exempt municipal recreation departments from the licensing requirements.
Motion: Bonser, to maintain their original vote in opposition to NHMA’s stance.
Chair Netishen called for a second. No second. Motion dropped.
Motion: Bock, to rescind their vote of opposition on July 21 and support NHMA’s stance.
Chair Netishen called for a second. No second. Motion dropped.
Chair Netishen informed Ms. Horvath that since the motions were not moved, the vote taken to oppose NHMA’s stance on July 21 would stand.
Ms. Horvath reiterated her concern for recreation departments across New Hampshire.
APPOINTMENTS:
7:00 PM – Paul Comeau – Comcast Issue
At 7:10 PM, Chair Netishen acknowledged Paul Comeau and invited him to the mic.
Mr. Comeau distributed a copy of a page from the franchise contract to the Selectmen and explained that he was here regarding Comcast’s refusal to supply cable. He informed the Selectmen that he had started calling Comcast in May when he received a postcard announcing available services. He obtained a copy of the town’s franchise agreement and was put in contact with Jay Somers. After several calls and a visit from a construction crew, communication with Mr. Somers ended in August with no explanation. Mr. Comeau then got in contact with the Comcast’s Vice President in NH and received a prompt response from his secretary the next day saying that Comcast was declining to supply cable because it was cost prohibitive. He called Mr. Brown the next week to talk with him about
Comcast’s response and learned that Mr. Somers had been in the previous week and informed Mr. Brown that if Comcast did install the cable, the cost would passed-on to all Nottingham residents. He was informed that it had cost out at $100,000 for underground cable. He directed the Selectmen’s attention to the language of the contract regarding the [then] existing three (3) homes, noting that cable was to be supplied when requested by the owners of the homes.
At Chair Netishen’s inquiry, Mr. Comeau stated that he thought the distance from where the cable stopped to his mother-in-laws home was approximately one (1) mile and the current service to the house for electricity is through Deerfield. Chair Netishen inquired as to why cable was not brought to those homes when it was installed 18 years ago. Mr. Comeau indicated that he did not purchase the residence until 1993 but assumed it may have been because two (2) of the residences were seasonal. Mr. Bock asked about the current number of homes on that part of Steven’s Hill Road. Mr. Comeau believes it to be six (6) or seven (7) houses. Ms. Bonser inquired about receiving service from Metrocast. Mr. Comeau has not been that route since Nottingham has a contract with Comcast.
Ms. Bonser suggested Comcast work something out with Metrocast since aerial hanging of the cables would be cheaper.
Chair Netishen acknowledged Mr. Somers and invited him to the mic.
Mr. Somers introduced himself and informed the Selectmen that he is the Director of Governmental and Community Affairs for Comcast. He felt that Mr. Comeau’s version of events was pretty accurate, but indicated that the distance for running the cable was closer to 1½ miles and it had cost out at $97,000. He apologized for the delayed responses with Mr. Comeau, noting that these communications were taking place during a busy time of year. Mr. Somers informed the Selectmen that this issue had been looked at many different ways and it was strictly a business decision not to supply cable, noting that it does not fit their business model. They require 20 – 25 homes to run aerial cable to an area and 40 homes for underground. Chair Netishen suggested that Comcast buy and install
some poles to run the cable. Mr. Somers reported that Comcast does not do that. He further noted that if they do supply cable to these residences, they are allowed by law, under the Cable Act of 1984, to pass that cost on to the customer which would mean a $3-$4 dollar per month increase for all Nottingham residents for the remaining 18 months of the contract. Mr. Bock inquired about amortizing the cost over a period which includes the next ten-year contract. Mr. Somers indicated that Comcast would be willing to look at doing that.
Ms. Bonser, again, suggested that Mr. Somers follow up with Metrocast to see if they would be willing to service these customers. The Selectmen agreed that this was an avenue to follow up on. Chair Netishen inquired as to how long an agreement of this nature would take. Mr. Somers stated he would contact someone at Metrocast and update Mr. Brown by the end of the week as to the status. The Selectmen agreed to keep this item on the agenda until resolved.
7:15 PM – Sue Mooney – HCPP Grant Advisory Committee
At 7:35 PM, Chair Netishen acknowledged Sue Mooney and invited her to the mic.
Ms. Mooney came to speak to the Selectmen about appointing the HCPP Grant Advisory Committee, noting that some of the timelines for the grant begin in mid-September. At Chair Netishen’s inquiry, Ms. Mooney informed the Selectmen that Conservation Commission had given thought to the make up of the committee and felt that it should be no less than 5 members and no more than 8. Three NCC members are willing to sit but the preferred make-up is one member each from the Historical Society, Planning Board, Budget Committee, Board of Selectmen, Recreation Department, School, business and/or private sector. Mr. Bock inquired about the length of time the committee will have work. Ms. Mooney stated that the grant period is 18 months. Mr. Bock inquired about outreach to the business and private
sectors, suggesting the use of Channel 22. Ms. Mooney stated that they had felt an invitation letter should be sent out to the municipal groups and businesses. Other suggestions were to post it around town, on the Town Website, and in The Forum. Chair Netishen asked Ms. Mooney to leave a draft copy of the letter with Mr. Brown for the Selectmen to review.
Chair Netishen, wanting to make a summary statement, informed all that the Selectmen are fully supportive of, and committed to, this endeavor.
GENERAL BUSINESS:
In regards to the additional proposed legislation, the Selectmen made the following decisions:
1. Proposed legislation submitted by Goffstown to waive municipal recording fees for the establishment and release of Elderly Deferrals at the County Registry of Deeds. The Selectmen support this proposal.
2. Floor Policy Proposal submitted by Lyman to see if NHMA will support an amendment to RSA 72:28 IV(a) to allow all veterans residing in the State of New Hampshire with an honorable discharge to qualify for the Standard and Optional Veterans’ Tax Credit regardless of whether they served their country during the qualifying wars and armed conflicts currently listed or received the required medals. The Selectmen do not support this proposed floor policy.
3. Floor Policy Proposal submitted by Conway for an amendment to RSA 485-C to give the municipal governing body the final approval authority on water withdrawals from aquifers for commercial bottling purposes. The Selectmen support this proposed floor policy.
4. Floor Policy Proposal submitted by Conway to see if NHMA will support a Constitutional Amendment (CACR) to amend Part II, Article 6-A to clarify the uses of funds in the Highway Trust Fund. The Selectmen support this proposed floor policy.
5. Floor Policy Proposal submitted by Conway to see if NHMA will support legislation to amend RSA 318-B concerning the location and operation of Methadone Clinics in our Cities and Towns. The Selectmen do not support this proposed floor policy.
The Selectmen next discussed who would be the authorized voting delegate at LGC on September 12. Chair Netishen suggested Mr. Brown. All agreed.
Motion: Netishen, second Bonser to sign the certificate naming Mr. Brown as the Official Voting Delegate at the 2009/2010 Policy Conference to be held at LGC on September 12, 2008.
Vote: All in favor. Motion passed 3-0.
Chair Netishen reminded the Selectmen that they needed to make a decision for the Volunteer Recommendation. Mr. Bock, acknowledging Nottingham’s fortune in this area, submitted a draft for review.
In follow up to an inquiry by Ms. Bonser in regarding coverage of Town funds in the banks, Chair Netishen reported that Nottingham’s Treasurer and the Bank had signed a collateralization agreement, noting that there still remained a question around funds held by the Trustees of the Trust Fund. Ms. Bonser asked to have a written statement from the bank stating that the Town’s funds are fully insured.
Mr. Bock informed the other Selectmen that he wanted to review the committee assignments in light of the upcoming committee needs. He is interested in sitting on the energy committee when it is formed. Chair Netishen noted that he is presently the Building Department liaison, in addition to those on the list prepared by Ms. Chauvey, and volunteered to be the representative on the HCPP Grant Advisory Committee.
Chair Netishen announced that Ms. Chauvey is interested in starting a committee to look at the use of impact fees for Nottingham. Anyone interested in should contact her in the Selectmen’s Office.
The Selectmen discussed an advertising policy for the Nottingham Community Newsletter. Mr. Bock feels that if an advertisement is clearly and advertisement, it should be allowed whether political or not. Ms. Bonser feels that candidates running for Nottingham Offices should be allowed a business card sized ad. Mr. Bock questioned the cost and feasibility of allowing political ads if the ads required an additional section, noting they could charge a higher price for political ads. Chair Netishen requested that the discussion be tabled until next meeting when the Newsletter staff could be invited to provide comment and input.
ADMINISTRATIVE BUSINESS Cont.:
Chair Netishen informed the other Selectmen that an authorization needed to be approved and signed for Mr. Brown to be the authorized agent for the HCPP grant.
Motion: Netishen, second Bonser to authorize Charles Brown, Town Administrator to act as the authorized agent in the signing of documentation in relation to the Office of Energy and Planning’s HCPP grant.
Vote: All in favor. Motion passed 3-0.
Chair Netishen informed all that there was a scheduling conflict with the ZBA for September 2, 2008, noting that the Selectmen would need to meet elsewhere. He reported that he had been approached by the Historical Society at one time about holding a Selectmen’s Meeting in the Dame School. The Selectmen agreed to have Mr. Brown follow up on that possibility.
Chair Netishen informed all that the Selectmen were proposing to sign a letter to the Tax Collector requesting a 3-day extension on the lien date. He noted that this has been standard procedure for the past 4 years to cover for weekend deadlines.
Motion: Netishen, second Bock to sign a letter to William Garnet, Nottingham Tax Collector requesting a 3 day extension of the lien date to September 15, 2008.
Vote: All in favor. Motion passed 3-0.
Chair Netishen read a memo from the Planning Board requesting authorization for Attorney Teague to be present at all Planning Board meetings scheduled for property identified as TM16 L15A. Ms. Bonser excused herself from the conversation. Mr. Bock feels that the attorney should be present at all complex cases. Chair Netishen agreed but voiced concern over the cost.
Motion: Bock, second Netishen to authorize the Planning Board to request Attorney Teague’s presence at all meetings scheduled for TM16 L15A beginning August 20, 2008.
Vote: Chair Netishen and Mr. Bock voted in favor of the motion. Ms. Bonser abstained. Motion passed 2-0-1.
The Selectmen discussed a grant opportunity that Mr. Brown had located to cover professional engineering costs for work done on historical buildings. They agreed to authorize him to move forward with the process on behalf of the Grange Hall.
Chair Netishen read a memo from Mr. Brown regarding the process for requesting a cross walk, noting that the sight distance may be a problem. The Selectmen agreed to have Mr. Brown follow through with writing the letter.
The Selectmen then turned to the signature file.
The Selectmen signed the DRA State Forest Reimbursement form.
Motion: Netishen, second Bonser, to sign the Land Use Change Tax form for 2 acres of land at M13 L11-1 in the amount of $10,000.
Vote: All in favor. Motion passed 3-0.
Motion: Netishen, second Bonser, to sign the Land Use Change Tax form for 3.14 acres of land at M76 L1-1 in the amount of $12,280.
Vote: All in favor. Motion passed 3-0.
Motion: Netishen, second Bonser, to sign the Land Use Change Tax form for 2.108 acres of land at M16 L31-1 in the amount of $10,000.
Vote: All in favor. Motion passed 3-0.
Motion: Netishen, second Bock, to sign the Land Use Change Tax form for 2 acres of land at M46 L6-2A in the amount of $10,000.
Vote: All in favor. Motion passed 3-0.
Motion: Netishen, second Bock, to sign the Timber Tax Levy form for M10 L9 and M8 L9 in the mount of $3,662.80.
Vote: All in favor. Motion passed 3-0.
Motion: Netishen, second Bock, to sign the Timber Tax Levy form for M10 L10 in the amount of $1,970.25.
Vote: All in favor. Motion passed 3-0.
Motion: Netishen, second Bonser, to approve and submit the MS-1 to the Department of Revenue Administration.
Vote: All in favor. Motion passed 3-0.
MINUTES
The Selectmen did not approve minutes this evening.
GENERAL BUSINESS Continued:
Chair Netishen reminded all that Nottingham Day is scheduled for September 20. He will post advertising at the Recycling Center. Mr. Bock reported that participation at the Recycling Center has increased.
Ms. Bonser announced that the Nottingham Republican Party was hosting a Meet & Greet on August 22, beginning at 7 PM at the school.
Chair Netishen inquired about availability of the Board to meet with Police Chief Gunnar Foss. They agreed on Wednesday morning, August 20th, at 8:30 AM.
Ms. Bonser inquired about the possibility of inviting Peter Landry along for perambulation of the Barrington and Lee borders. The Selectmen discussed the possibility of conflict if someone involved in the perambulation owned property bordering that town. Ms. Bonser noted that she owns land bordering Lee and she is assigned to Lee. The Selectmen agreed to have Mr. Brown check into this issue.
Ms. Bonser excused herself from her seat at 9:00 PM to address the Selectmen as the Co-Chair of the Nottingham Republican Party. She requested to have the Meet & Greet scheduled for August 22 broadcast on Channel 22. Acknowledging that candidates for local offices have been broadcast on Channel 22, Chair Netishen and Mr. Bock were not comfortable making a decision on the spot as there was no policy in place for other political events. They agreed to discuss it further Wednesday morning at their workshop. Ms. Bonser resumed her seat at 9:04 PM.
Having no further business,
Motion: Netishen, second Bock to adjourn the meeting.
Vote: All in favor. Motion passed 3-0.
Meeting adjourned at 9:05 PM.
Respectfully submitted,
Traci Chauvey
Recording Secretary
Approved as amended in the 09/02/08 meeting minutes
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