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Selectmen Minutes 08/25/2009
Chichester Board of Selectmen
Minutes of Meeting
August 25, 2009

Members present:  Chairman Stephen MacCleery Sr., Jeffrey Jordan, Richard DeBold, Nancy Tanner, Town Administrator, and Jamie Pike, Administrative Assistant.

Others Present:   Jim Plunkett, Barbara Frangione, Bette Bogdan, Walter Sanborn, Thomas Houle, Richard Holloran, Donna Chagnon, Mike Valotto, Bruce Dyke, Paul Twomey

Chairman MacCleery opened the meeting at 7:00PM.

Non-public session
Present: Jamie Pike

Pursuant to RSA 91-A:3 II (a), a motion was made by Mr. MacCleery and seconded by Mr. Jordan to enter into non-public session at 7:04 regarding a personnel issue.  A roll call vote was taken:  MacCleery - Yea, Jordan -Yea, DeBold - Yea.  Motion passes.

Pursuant to RSA 91-A:3 III, a motion was made by Mr. MacCleery and seconded by Mr. DeBold to seal the minutes of the non-public session for a period of five years.  A roll call vote was taken:  MacCleery - Yea, Jordan - Yea, DeBold - Yea.  Motion passes.

Pursuant to RSA 91-A:3 II, a motion was made by Mr. MacCleery and seconded by Mr. DeBold to exit the non-public session at 7:15pm.  A roll call vote was taken:  MacCleery - Yea, Jordan - Yea, DeBold - Yea.  Motion passes.

Non-public session
Present: Jim Plunkett, Randy Genest, Jaan Luikmil, and Kevin Orlando

Pursuant to RSA 91-A:3 II (a), a motion was made by Mr. MacCleery and seconded by Mr. Jordan to enter into non-public session at 7:17 regarding a personnel issue.  A roll call vote was taken:  MacCleery - Yea, Jordan -Yea, DeBold - Yea.  Motion passes.

Pursuant to RSA 91-A:3 III, a motion was made by Mr. MacCleery and seconded by Mr. DeBold to seal the minutes of the non-public session for a period of five years.  A roll call vote was taken:  MacCleery - Yea, Jordan - Yea, DeBold - Yea.  Motion passes.

Pursuant to RSA 91-A:3 II, a motion was made by Mr. MacCleery and seconded by Mr. Jordan to exit the non-public session at 8:00pm.  A roll call vote was taken:  MacCleery - Yea, Jordan - Yea, DeBold - Yea.  Motion passes.

Cable Committee

Mike Valotto, Bruce Dyke, and Paul Twomey presented the Selectmen with the committeeís recommended changes to the draft contract received from Comcast.  The committee wanted to be clear that the draft contract is for cable only and does not include internet services.   The committee would like a list of desired drops.  The Selectmen will review the recommendations and be prepared to discuss at next weeks meeting.  The committee will call the Selectmenís Office to set up a meeting time.  Cable Committee Minutes of August 20, 2009 attached.


Other Business

Chucksterís: Mr. MacCleery received a phone call at 10:45 on August 18th from Mr. Cwikla, regarding noise coming from Chucksterís.  Mr. MacCleery called Chuck the next day.  Chuck explained that on that occasion a maintenance worker had music on with the side speakers on.  Chuck also explained to Mr. MacCleery that he was aware of two other occasions when Chucksterís operated past closing time.  One was for a family birthday party and the other was for an employee party. Chuckís interpretation of the hours of operations was that if someone came in close to closing they would be allowed to play through.  Mr. MacCleeryís interpretation was that the operations would cease at closing time and people would not be allowed to play through.  Mr. Pike researched the site plan for clarification.   No clarification was found as to the meaning of ìhours of operationî.  Discussion ensued as to what ìhours of operationî means.  Mr. DeBold stated that he had asked other neighbors about the noise at Chucksterís and those neighbors had no complaints.  During conversations Chuck suggested to Mr. MacCleery that the Selectmen listen to the noise themselves and indicated that he is becoming frustrated with the zoning complaints.  Discussion ensued about buffers.  The Board agreed to send the prepared enforcement letter.  

Noonan/LeFleur: Mr. Pike worked with council to prepare zoning violation letters.  Mr. Pike reported that zoning ordinances are permissive in that if something is not specifically permitted it is not allowed.  Mr. Jordan disagreed with the concept of permissiveness and felt it may be infringing on civil rights. Discussion ensued regarding other trailers in town and trailers for recreational use.  Mr. Debold pointed out that there was a complaint issued on these properties; as well as the fact that the property was in current use and they had built a deck on the trailer.  Discussion ensued about elderly exemptions and whether trailers could be allowed in that instance.  Mr. Debold and Mr. MacCleery signed the zoning violation letters.  Mr. Jordan wanted it noted that he was strongly opposed and did not sign the letters.  Mr. Debold will address this issue with the Planning Board.

FHP Realty Associates of New England, LLC: An abatement request was prepared for FHP in the amount of $14,022.00.  The abatement was recommended by our assessor.  At 8:56 Mr. MacCleery made a motion to approve the abatement on the recommendation from the assessor.  Mr. Debold seconded the motion.  Discussion ensured regarding the calculations and why the assessor recommended the abatement.  Mr. Debold would like more of an explanation from the assessor as to why she recommends the abatement for next Tuesday.  The motion was unanimously defeated.

Unitil Pole License: At 9:05 Mr. MacCleery made a motion to approve Unitil pole license number 2077 dated 6/09/09.  Mr. Jordon seconded the motion.  No discussion.  Motion carries.

Request for hearing: The selectmen received a request for a hearing from a member of the Fire Department.  At 9:25 Mr. Jordon made a motion to deny the hearing.  Mr. Debold seconded the motion.  Discussion ensued.  Mr. Debold was in favor of hearing the employeeís side of things.  Mr. MacCleery and Mr. Jordan voted in favor of the motion.  Mr. Debold was opposed.  Motion carried.

MRI: Ms. Tanner requested permission to go ahead with a free financial review from MRI (contracted through Local Government Center).  Selectmen agreed.

MS-4: Ms. Tanner presented the Selectmen with the completed MS-4.  Ms. Tanner will sign the MS-4 and mail to the Department of Revenue.

Parking Ordinance:  Mr. Pike has done research on ìno parkingî signs and found that they are only enforceable if the Town has an ordinance.  Mr. MacCleery asked Ms. Tanner and Mr. Pike to work on an ordinance for Chichester.

Vacation Leave Policy:  Ms. Tanner drafted a revised vacation leave policy, which states that ìUpon separation of employment employees shall be paid for any accrued vacation time.  This time will be prorated based on the monthly accrualî.  Mr. MacCleery made a motion to amend the vacation leave as presented.  Mr. Debold seconded the motion.  Motion carried.

Weathervane:  Nothing new to report

Patten:  Nothing new to report

Health Officer:
Mr. Jordan has not been able to connect with Louise Hannan from the State.  Mr. MacCleery stated that he wants to stay with the RSA description of ìHealth Officerî.  Mr. MacCleery was concerned about costs to the Town.  Ms. Bogdan reported that the state is offering free education for Health Officers and the fact that our Health Officer position is a stipend position.  Betty also spoke about the importance of education and prevention.  Mr. Debold agrees with Mr. MacCleery that the Health Officers scope should be that of the statutes, but with a little expansion; such as web site information.  Mr. Jordan feels we need to upgrade the scope.   Ms. Bogdan mentioned that people will be able to receive free flu shots.  Lee Channey has the specifics on the shots and will be available to attend next Tuesdayís meeting.  There was much discussion about the scope of a Health Officer and the needs of Chichester.  Mr. Debold expressed concerns about our Health Officer having free reign and not seeking guidance from the Selectmen.  Mr. Jordon expressed concern for citizensí privacy.  Ms Bogdan stated that would not be her intent.  She stated that the Selectmen should know the Health Officerís core values and be able to have some degree of trust.  She also feels the Health Officer should be included in the department head meetings and report to the Selectmen.  Mr. Debold expects that the new Health Officer will work with the Selectmen to develop a program.  
Mr. Debold stated that the Selectmen have received a letter of interest in the Health Officer position from John Dever, who is the Townís Building Inspector.  Discussion ensued as to whether or not a building inspector would have the qualifications necessary to be a Health Officer.  There was discussion on the benefits of becoming a self-inspecting town.  Mr. Debold stated that Ms. Bogdan is well qualified, but he has concerns about where she will take the scope of duties. Mr. Debold is in favor of either Dr. Mara or working with Mr. Dever and getting training for him to develop a program.  Mr. MacCleery stated that even with Dr. Mara we would still have to develop a program.  If Ms. Bogdan is the new Health Officer he hopes that she will work with the Selectmen as well.  He has concerns that the Health Officer has an unlimited scope.  Mr. Debold agrees there should be a limited scope and while there is a need for the Health Officer to obtain training he doesnít feel you need to have a medical back ground to get the information.  Discussion ensued regarding the Health Officer stipend.  Mr. Debold stated there may be a need in the future for a Health Officer budget.  Ms. Bogdan expressed concern that this position requires a lot of training and the Selectmen would not be able to force someone to go to the trainings.  Ms. Bogdan reports that as a registered nurse, she receives training through her current employer and that she has a good network through organizations such as MACE.  Ms Bogdan discussed the need for the Health Officer to help during emergencies such as the ice storm of 2008.  
Mr. Jordon would like to bring Mr. Dever in to talk with him about why he is interested in the position.  Mr. MacCleery brought up the idea of advertising for the position.  Mr. Debold liked Mr. Jordanís suggestion of talking to Mr. Dever.  

Accounts payable and payroll were approved in the amount of $52,433.56.

The minutes of August 18, 2009 were approved as written.

A motion by Mr. MacCleery and seconded by Mr. Jordan to adjourn the meeting at 10:45pm.  Motion passes.


Respectfully submitted,


                                                                        Approved as written
Nancy Tanner









____________________________    ___________________________     __________________________
Stephen MacCleery, Sr., Chairman        Jeffrey Jordan                          Richard DeBold



Cable Committee Minutes - 8/20/09


The meeting was brought to order at 7:00 pm.  In attendance were Brandon Giuda, Paul Twomey, Bruce Dyke and Michael Valotto.  The members unanimously approved the minutes of the last meeting.

After much discussion and review, the members unanimously voted to approve the following changes to the draft contract received accompanying Comcastís June 30, 2009 letter, titled ìRevewal Cable Television Franchise for the Town of Chichester, New Hampshire.î


  • Change definition of ìGross Annual Revenueî to match definition in Concordís contract (below).
  • Gross Annual Revenues:  All revenues derived by the Franchisee and/or its Affiliates for the provision of Cable Service(s) over the Cable Television System including, without limitation:  the distribution of any Service over the Cable System; Basic Service monthly fees and all other Service fees; installation, reconnection, downgrade, upgrade and any similar charges; interest earned on all Subscriber fees and/or charges collected; all digital Cable Service revenues; fees paid on all Subscriber fees (ìFee-on-feeî); all commercial Subscriber revenues (including bulk account revenues); fees paid for channels designated for commercial use; home-shopping revenues; Converter, remote control and other Cable Service-related equipment rentals and/or leases or sales; and advertising revenues.  In the event that an Affiliate and/or any other Person is responsible for advertising revenues, advertising revenues for purposes herein shall be deemed to be the pro-rata portion of the advertising revenues, paid to the Cable System by an Affiliate or such other Person for said Affiliateís or other Personís use of the Cable Television System for the carriage of advertising.  Gross Annual Revenues shall also include the gross revenue of any other Person which is derived directly or indirectly from or in connection with the operation of the Cable System to the extent that said revenue is derived, through a means which has the effect of avoiding payment of Franchise Fees to the Town of Chichester that would otherwise be paid herein.  It is the intention of the parties hereto that Gross Annual Revenues shall only include such revenues of Affiliates and/or Persons relating to Signal carriage over the Cable System and not the gross revenues of any such Affiliate(s) and/or Persons itself, where unrelated to such Signal carriage.  Gross Annual Revenues shall not include actual bad debt that is written off, consistent with Generally Accepted Accounting principles; provided, however, that all or any part of any such actual bad debt that is written off, but subsequently collected, shall be included in Gross Annual Revenues in the period so collected.
  • Change definition of ìPublic Wayî to match definition in Concordís contract (below).
  • Public Way or Street:  The surface of, as well as the space above and below, any and all public streets, avenues, highways, boulevards, concourses, driveways, bridges, tunnels, parks, parkways, waterways, bulkheads, piers, dedicated publci utility easements, and public grounds or waters and all other publicly owned real property within or belonging to the Town of Chichester, now of hereafter existing.  Reference herein to ìPublic Wayî or ìStreetî shall not be construed to be a representation or guarantee by the Town that its property rights are sufficient to permit its use for any purpose, or that the Franchisee shall gain or be permitted to exercise any rights to use the property in the Town greater than those already possessed by the Town.
  • Change definition of ìStandard Installationî to the following:
  • ìshall mean three hundred fifty feet (350í) aerial drop connection to the distribution system.î
  • Section 2.1(a) - after ìand the Cable Actî add ìand subject to the terms and conditions set forth hereinî
  • Section 2.1(b) - change the period to a comma and add ìas they may be amended.î
  • Section 2.2 - change term to ìfive (5) yearsî.
  • Section 2.4(a) - in first sentence, replace ìCable Service providersî with ìcable television franchisesî.
  • Section 2.4(a) - end first sentence with ìthat the material terms and conditions herein.î  Delete remainder of paragraph.
  • Delete Sections 2.4(b) through (h).
  • Change Section 3.1(a) to read as follows:
  • Franchisee shall make Cable Service available to every residential dwelling unit (single or multiple) on Class Five or better Town Roads.  For non-Standard Installations (greater than 350 feet), Franchisee shall offer said service within ninety (90) days of a Subscriber requesting either aerial or underground installation (weather permitting).
  • Section 3.1(b) - replace one hundred twenty-five feet (125 ft.) to three hundred fifty feet (350í).  Also, add to the end of the last sentence (regarding non-standard installations), ì, however the subscriber shall not pay for the firsst 350 feet of aerial installation.î
  • Section 3.1(c) - change to read as follows:
  • Provided Franchisee has at least ninety (90) days prior written notice concerning the opening of residential subdivision trenching, or of the installation of conduit for the location of utilities, it shall install its cable in such trenching or conduits or may obtain permission to utilize alternative trenching or conduits within the 90 days.  The Franchising Authority, or its designee, shall exercise reasonable efforts to have the Planning Board and developers give timely notice of trenching and underground construction to Franchisee.  Developer shall be responsible for the digging and back-filling of all trenches, except those trenches for which Franchisee deviated from the development plan.
  • Section 3.2 - we are unsure if only requiring the capacity for 750 MHZ is enough.  Shouldnít we require at a minimum the current system (which is ??) and possibly require an upgrade or a review in the future? Committee will discuss directly with Brian at Comcast.
  • Section 3.3 - we need a specific list (specifically identify) the Town cable drops needed, including any possible new ones.  Check to see if it is advantageous to list Police and Fire as separate drops.
  • Delete Section 4.2(c) - it is an exact repeat of Section 3.1(c).
  • Have Brian at Comcasst explain Section 4.2(d).
  • Section 4.3 - delete last sentence regarding the Town submitting a written estimate.
  • Section 4.6 - replace entire section with the following:
  • (a) Upon written request, the Franchisee shal file with the Franchising Authority strand maps of all Cable System plant.  Said strand maps shall include the routing of the Cable System, including underground and aerial plant.
  • (b) Upon request, the Franchisee shall make available to the Franchising Authority for inspection ìas-builtî maps of all Cable System plant at a mutually-agreed upon location in Chichester.
  • Section 5.1 - add at the end of the sentence, ìor any other applicable law or regulation.î
  • Section 5.2(a) - add at the end of the second sentence, ìunless otherwise provided by other applicable law or regulation.î
  • Section 6.1 - keep entire Section 18 in last Chichester contract.
  • Section 7.3 - change first sentence to read, ìIn the event that Franchiseeís service to any Subscriber is completely interrupted for twenty-four (24) or more consecutive hours, Franchisee will grant every such Subscriber a pro rata credit or rebate, on a daily basis, of that portion Ö.î
  • Section 7.9 - after some discussion, we would like Brian or LGC to further explain this section to ensure we are interpreting it correctly.
  • Section 9.1 - In first sentence, end with ìreasonable attorneyís fees and costs.î and delete everything after.  Add the following to the end of the second sentence, ì, except for legal fees and costs associated with enforcing Franchiseeís indemnification obligations.î
  • Section 9.2 - We need to check insurance coverage amounts.  Should they increase over the term of the contract?
  • Section 9.3 - The initial contract had a $100,000 performance bond whereas this proposal only has $10,000.  Do we want to request an increase or was the initial bond high only because Comcast had to build the entire system?
  • Section 9.4 - Change to five percent (5%).  Also need to add language ensuring that the 5% cannot be passed onto the Subscribers.
  • Add Section 9.4(d) - like Concordís 8.1(d) regarding annual statements that are due with the payment.  Use Concordís form but modify it to include number of subscribers, etc., etc.
  • Add Section 9.4(e) - like Concordís 8.1(g) and 8.3 regarding late payments.
  • Add Section 9.4(f) - like the first part of Concordís 8.4 regarding ìacceptance of payment shall NOT be construed Ö.î
  • Add Section 9.4(g) - draft section requiring Comcast to submit an annual report (and copies of) of all Subscriber complaints for that year.
  • Section 9.8 - change all references to ìninety (90) daysî to ìthirty (30) daysî.
  • Section 9/10 - add as last sentence, ìIf the Franchisee fails to complete removal within six (6) months of termination, the Town of Chichester may remove the the infrastructure with the cost of removal to be paid by the Franchisee within ninety (90) days of removal or in addition to the owed amount, the Franchisee shall pay interest calculated at the rate of one and one-half percent (1.5%) per month, compounded monthly, to be applied to any unpaid balances from the date the expense was incurred, until such time as the outstanding balance is paid in full, including during any litigation up to a judgment.  The Franchisee is responsible for any and all collection fees and costs incurred by the Town in attempting to collect amounts owed, including but not limited to administrative costs and reasonable attorneyís fees and court costs.
  • We need to ensure Comcast provides a good quality map, unlike the ones received in the past.
  • The 5/12/09 Comcast letter states that the TDS issue was to be resolved in June.  We need an update from Brian.
The Committee voted to present its recommendations to the Selectment on Tuesday, August 25, 2009.  Bruce will schedule the Selectmenís meeting.  Brandon will draft the minutes and ensure the Selectmen are provided with the minutes (which includes the recommendations).

                                                        Respectfully submitted,


                                                        J. Brandon Giuda



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