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Board of Selectmen Minutes 05/17/2010
Town of Nottingham
Selectmen’s Workshop
May 17, 2010


7:00 PM, Chair Bock opened the meeting and asked all those present to stand for the Pledge of Allegiance.

Members Present:  Peter Bock, Mary Bonser, Gary Anderson

Guest:  Brain Stucker, Chair, Cable Franchise Renewal Advisory Committee (CFRAC); Michelle Carvalho, Nottingham School Principal, CFRAC member; Frank Case, resident, CFRAC member; Minot Granbery, resident, CFRAC member;

Others: Charles Brown, Town Administrator; Traci Chauvey, Recording Secretary; Chris Mills; Gail Mills

Chair Bock welcomed everyone and explained that this workshop was specially scheduled to address some time sensitive cable contract issues.

CABLE CONTRACT DISCUSSION

Mr. Stucker thanked the selectmen for holding the workshop.  He explained that the CFRAC had received and reviewed a written opinion from the town's attorney regarding the issue of servicing residents on Stevens Hill Road.  Attorney Teague does not agree with Comcast's position on the issue.  The committee has decided to recommend getting a second opinion from an attorney who specializes in this area due to the potential amount of money that it may cost to take legal action in this case.  

Mr. Stucker informed the selectmen that he had reached out to Dottie Glover, President of New Hampshire Coalition for Community Media for guidance and was referred to Peter Epstein from Epstein and August, LLP out of Boston.  He has negotiated the last two cable contracts for the town of Londonderry.  Mr. Stucker contacted Attorney Epstein regarding rates.  He will charge the town $195 per hour.  Mr. Stucker feels this is extremely reasonable for Attorney Epstein's expertise.  

At Ms. Bonser's inquiry, Mr. Stucker confirmed that the committee was only seeking a second opinion on the Stevens Hill Road issue.  Mr. Anderson inquired about the length of time to review this issue only.  Mr. Stucker did not know as he had not discussed any of the issue with Attorney Epstein; he had only called for rates.  There was a very brief discussion of setting a "not more than" limit in the motion.  Chair Bock reminded all that they had spoke of an extension of the current contract at the last meeting.  There was a brief discussion as to whether a 90 day extension was enough time.  Mr. Stucker reported that the committee has voted on a 90-day extension but has not voted to recommend Attorney Epstein at this time.  They have not held a meeting since Mr. Stucker's contact with him.

Motion:  Bonser, second Anderson to allow the Cable Franchise Renewal Advisory Committee to apply for a 90-day extension of the current contract with Comcast.  
Vote:  All in favor.  Motion passed:  3-0

There was discussion around documents that would be sent to Attorney Epstein.  The selectmen and committee agreed upon sending the current contract, Attorney Teague's written opinion, and the e-mail trail from the committee.  Mr. Stucker informed the selectmen that Attorney Epstein is aware they need to have a written response prior to the public meeting being held on May 26.  There was discussion around the import of public input for the cable contract renewal and some of the concessions Comcast has agreed to provide.  There was discussion around the legal budget.  Mr. Brown reported that it is in good shape.

Acknowledged by Chair Bock, Mr. Mills voiced concern over channel line-up in regards to cable news channels.  There was discussion around the line-up not having been considered for contract negotiations as they are set by region, not town.  Mr. Stucker informed Mr. Mills that he would bring the issue up at the next meeting.  

Motion:  Bonser, second Anderson to allow the Cable Franchise Renewal Advisory Committee to expend funds for a second opinion of the Stevens Hill Road cable issue from Epstein and August, LLP upon a consenting vote to do so by the committee.
Vote:  All in favor.  Motion passed:  3-0

Ms. Bonser reminded Mr. Stucker to be sure the information received from Attorney Epstein was given to Mr. Brown.  Mr. Stucker agreed and informed the selectmen that the committee would be making a decision on the recommendation for Stevens Hill Road as soon as the opinion was received.

Ms. Mills inquired about the length of the proposed contract.  Mr. Stucker informed her that they are proposing seven years and Comcast has agreed.  

There were thanks all around.  The CFRAC stepped down and left the meeting.

OTHER BUSINESS

Mr. Brown informed the selectmen that Nottingham has been accepted into the Children in Balance Community Leadership Institute for Childhood Obesity to be held at Tuft’s University July 20 - 22.  Janet Horvath, Recreation Director, had applied with his approval.  Ms. Horvath, Ms. Carvalho, and Mr. Norcross have all been accepted.   The cost of participation is $275 pp.  Ms. Horvath has submitted a check request.

Mr. Brown reported that the property liability insurance has been updated.  There was discussion around insuring the cisterns in town.  Today’s replacement cost for the cisterns in town is approximately $800K.  It will cost $530 to insure them.  The cisterns in town are all fairly new (i.e., installed within the last 8 years).  Mr. Brown is to follow up with the insurance provider to see what is covered if they were to be insured.

Back Creek Bridge will not be completed in the estimated minimum of two weeks.  No update for completion.

Chair Bock signed a check for the school in the amount of $560K

Having no further business,
Motion:  Bonser, second Anderson to adjourn the meeting.
Vote:  All in favor.  Motion passed 3-0.

Meeting adjourned at 7:35 PM.

Respectfully submitted,



Traci Chauvey
Recording Secretary



Approved as amended at the June 7, 2010 meeting.