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Board of Selectmens Minutes 11/08/2010

 TOWN OF NOTTINGHAM
Selectmen’s Meeting
November 8, 2010
6:29 PM, Chair Bock opened the meeting and asked all those present to stand for the Pledge of Allegiance.
Members Present: Peter Bock, Gary Anderson, Mary Bonser
Guest: Gunnar Foss, Chief of Police; Jaye Vilchock, Chief, Nottingham Fire/Rescue; Brian Stucker, Chair, Cable Franchise Renewal Advisory Committee (CFRAC); Paul Comeau, CFRAC;
Others: Charles Brown, Town Administrator; Traci Chauvey, Recording Secretary

ADMINISTRATIVE BUSINESS
Acknowledged by Chair Bock, Chief Foss took the mic for a budget discussion. Chief Foss is mainly concerned with staff and vehicles this year. He is currently down to four patrol officers with a tentative offer to one applicant who is going through all the testing. The vehicle is quoted at $18,623; less than last year, as they did not have a trade-in last year due to the cruiser going to the fire department. The selectmen and Mr. Brown agreed the vehicle will be in the operating budget, not as a warrant. Chair Bock inquired about past problems with obtaining ammunition. Chief Foss reported he currently has ammunition and will be ordering a year ahead, moving forward. There was another brief discussion around the potential candidate going through testing. Chief Foss noted that he would not be going into the academy until January, putting an estimate on April before he is up and off carrying shifts. He is still short one officer. There was a brief discussion around investigator duties and 24-hour coverage. Chief Foss has requested an increase in the part-time line to allow for Officer Oberlin to continue to work investigations and he indicated that he would have enough man-hours to cover 24 hour shifts with another patrol officer on staff. The selectmen gave their support and thanked Chief Foss for his work.
Acknowledged by Chair Bock, Chief Vilchock took the mic for a budget discussion. Chief Vilchock reported two applicants had received letters requesting background and drivers information, last week.
Going through the budget, Chief Vilchock reported that the overall budget is down this year. Salary line has been decreased due to the lack of a second full-time staff and the hiring of a new full-time staff at a lesser rate. Service contract line is down due to moving maintenance of the defibrillator to the ambulance line. Breathing apparatus line is up based on actual figures; two failed last year. Dues has increased. Protective gear has increased; three EMT's need to be outfitted. Supplies and equipment has decreased. Vehicle maintenance has decreased. Radio maintenance has increased; it includes requests for the new engine. Internet has increased; it includes the annual cost for a 3G air card. The fire/rescue department will be putting forth two warrant articles this year; ambulance funding and billing outsource. There was a brief discussion the outsourcing of billing. Ms. Bonser inquired about a cost analysis. One is not available.
Chair Bock is comfortable with process, acknowledging it will all depend on who is hired. Chief Vilchock feels the cost will be washed out with the salary saved. Mr. Anderson inquired if other towns outsource their billing. Chief Vilchock stated that most big towns outsource. He is currently working with a company under an MOU until the end of the year. The selectmen will get a copy of the MOU from Mr. Brown to review. There were thanks all around. Chief Vilchock stepped down.

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MINUTES
OCTOBER 22, 2010 (WORKSHOP)
Motion: Anderson, second Bonser to approve the October 22, 2010 workshop minutes, as written.
Vote: All in favor. Motion passed: 3-0

OCTOBER 25, 2010 (MEETING)
Line 44: Change she to Ms. Schmottlach.
Line 87: Change $480K to $408K.
Motion: Bonser, second Anderson to approve the October 25, 2010 meeting minutes as amended.
Vote: All in favor. Motion passed: 3-0

APPOINTMENTS

7:00 PM – CABLE FRANCHISE RENEWAL ADVISORY COMMITTEE
At 7:05 PM, Chair Bock acknowledged Mr. Stucker and invited him to the mic.
Mr. Stucker informed all the committee had spent the past month finalizing the proposed contract for Comcast. The committee voted 3-2 to keep article 3.1.F. pertaining to Comcast being responsible for the cost of the Stevens Hill Road build out. Comcast has returned the contract, leaving section 3.1.F but adding the sentence that the town will be responsible for the cost. At Ms. Bonser's inquiry, Mr. Stucker reported he has not received any word on the requested 60-day extension. Chair Bock, acknowledging the November 15th contract expiration, thanked the committee for all its work and noted that the contract is ultimately between the selectmen and Comcast. Mr. Brown informed all that he had received a copy of a blank extension from Attorney Kate Miller from Donahue, Tucker and Ciandella. She is being retained by the board for assistance with finalization of the contract. Mr. Brown stated that Attorney Miller would speak publicly, and then the selectmen would go into consultation with her. Ms. Bonser stated that the extension is the number one issue. Mr. Stucker believes the committee has run its course. He found it to be a humbling experience, noting that they did not get near what they wanted. There was a brief discussion around the committee disbanding or standing down. There were many thanks and much praise for the committee's work.

Motion: Bonser, second Anderson to have the Cable Franchise Renewal Advisory Committee stand down effective November 15, 2010.
Vote: All in favor. Motion passed: 3-0

Chair Bock invited Attorney Miller to the mic. Attorney Miller explained that she had the opportunity to review Comcast's proposal and letters from two other attorneys whose opinions were searched out during this process. She praised the volunteer committee members who would take on this difficult process. Attorney Miller spoke briefly about the cable industry and their unregulated monopoly. She noted that the Cable Act is stacked against towns. Attorney Miller stated that she spoke with Jay Somers, Comcast's franchise representative and he is willing to extend the contract through the end of the year. From her research, it appears that Comcast has invoked a formal process and is playing tough. The town needs to be serious about extending deadlines and protecting its rights. At Chair Bock's inquiry, Attorney Miller explained that the towns have no say over pricing, channel selection, technology, etc, and that Comcast does, unilaterally, provide senior discounts to low income seniors who can provide documented proof of their need, such as a housing voucher. They will not include this in

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the contact but will do a side letter. At Ms. Bonser's inquiry, Attorney Miller stated that the low income senior discounts are not subsidized by the franchise fees.
Chair Bock called a recess for attorney consultation at 7:25 PM. He reconvened the meeting at 7:50 PM.

Motion: Bock, second Anderson to hire Attorney Kate Miller to assist the selectmen with finalization of the cable contract.
Vote: Bonser abstained due to a prior personal affiliation with Donahue, Tucker and Ciandella. Motion passed: 2-0-1

Motion: Bock, second Bonser to sign an extension until December 31, 2010.
Vote: All in favor. Motion passed: 3-0
The selectmen signed two copies of the extension provided by Attorney Miller.

Point of Order: Mr. Brown left for approximately three minutes around 8:00 to make copies.

Chair Bock acknowledged members of the audience and informed all that serious discussion on the Comcast cable issue would be postponed until such time that the selectmen were able to meet once again with Attorney Miller. He invited the members of the audience to speak.
Mr. Comeau, a member of the Cable Franchise Renewal Advisory Committee and a resident who lives on Stevens Hill Road, informed Chair Bock that it is difficult to speak to the situation not knowing in which direction the selectmen were headed. He is frustrated with the fact the selectmen have hired another attorney to revisit what the committee has worked on for the last year. Chair Bock urged Mr. Comeau to bear with the selectmen as they further investigate what can and cannot be done. Mr. Anderson agreed, noting that they are looking at new options. Ms. Bonser reminded all that the committee is an advisory committee only. She recognized their preference for the terms of the contract and acknowledged Comcast's discord with that position. She agreed that the selectmen need time to explore the recommendations of the advisory committee. Mr. Comeau noted that he has been waiting for resolve on this for over a year; he is very interested in the outcome. Chair Bock thanked all who have put time in on this effort and those who came tonight. The discussion ended and the audience members left.
Point of Order: Ms. Bonser left the room for approximately one minute during the time the audience was leaving.
Chair Bock announced the Button Up NH Workshop being held at the Blaisdell Memorial Library on November 17th at 6:30 PM. This two-hour workshop will provide practical, cost-effective measures to conserve energy in your home.

MINUTES

OCTOBER 26, 2010 (WORKSHOP)
Motion: Bonser, second Anderson to approve the October 26, 2010 workshop minutes, as written.
Vote: All in favor. Motion passed: 3-0
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NOVEMBER 3, 2010 (INFORMATIONAL MEETING)
Motion: Anderson, second Bock to approve the November 3, 2010 informational meeting minutes, as written.
Vote: Bock and Anderson in favor. Bonser abstained. Motion passed: 2-0-1

GENERAL BUSINESS
Mr. Brown referenced a memo from Heidi Seaverns regarding the cost for O'Donnell to produce digital mapping for Nottingham. The Digital Map Committee would like the selectmen to put it forth as a warrant. The cost is approximately $32K. Quotes have fallen into the $60K-$90K in the past. The selectmen need to decide to recommend or not.
Mr. Brown reminded the selectmen they need to meet with department heads regarding department budgets. He would prefer this to be soon. The library trustees are on the next agenda. The selectmen need to meet with Janet Horvath and John Fernald; possibly Paul Colby. It would be best for Mr. Anderson if the meeting could be at the latest time possible.
The LGC Conference is November 17 and 18.
Mr. Brown inquired about the Versahandler equipment for the recycling center; he would prefer not to put it forth as a warrant article. The cost is approximately $40K. The selectmen would like to do a lease or purchase over time, if the interest rate is low enough. This requires a warrant article.
Paperwork is in place for the TAN (Tax Anticipation Note) loan. This is the result of the delay in setting the values. Mr. Brown indicated the amount of this LOC is $2,016,000; an amount provided by the treasurer. It will cover payroll and a large payment to the school at the end of the year, among other things, if it is needed.
The selectmen will get their availability schedules to Mr. Brown to schedule department head meetings.

Having no further business,
Motion: Bonser, second Anderson to adjourn the meeting.
Vote: All in favor. Motion passed: 3-0
Meeting adjourned at 8:20 PM.

Respectively submitted,
Traci Chauvey
Recording Secretary
Approved as amended at the December 21, 2010 Selectmen’s Meeting.