Valley Vision hires new interim manager, applies for credit line

By Loren Billings

Valley Vision has hired an interim station coordinator, and is applying for a $15,000 line of secured credit to complement the last of the towns franchise fee funding, which selectmen agreed this week to release.The board of directors decided to hire Todd Miller of Center Conway for 20 hours a week at $15 an hour from January through March and to apply for a line of credit at a special meeting on Thursday, said Jac Cuddy, president of the nonprofit Valley Vision, which operates Channel 3, the public, educational and governmental cable station. I wanted to have some plan of operation going into the first of the year if the verdict came back from selectmen that they were not able to give us the money, said Cuddy, who scheduled the special board meeting before selectmen on Tuesday released the remaining $16,000 in the Valley Vision trust fund. I needed some plan of action to get through April, and the purpose of the meeting was to try and discuss the options to do that.The votes to hire and seek the credit line were both unanimous, he said, adding that those board members in attendance were Dick OBrien, representing the selectmen; Dot Seybold, treasurer; Dorothy Solomon of Albany; Bob Bernhardt of Conway; Judie Goss of Conway; and Linda Card of Fryeburg.Although the station's long-term funding picture wont become clear until after the annual meeting votes in Conway and surrounding towns, there will be no reduction in programming between now and April, according to Seybold, noting that now is not the time for the station to make changes which would reflect badly at the polls. We feel very comfortable well get funding from the town of Conway voters and many other towns in the valley, Seybold said. However, strange things have happened in the past, and if we dont, we want time to regroup, to decide, Okay now what are we going to do? If were hanging on a couple hundred dollars, were not going to be able to do that.Bob Bernhardt of Conway, a member of the board, said the credit line, which was arranged by Cuddy, is like having an umbrella in your closet. It doesnt mean youre going to use it, but if you do get into a rainstorm, its nice to know its there.Miller, 40, is a business development/marketing consultant. He will replace Theresa Kennett, who resigned as interim station manager in early December because Valley Visions funding questions put her in direct conflict with her position as chairman of the board of selectmen.It was distressing, Seybold said, thinking the station might have to go four months without someone in place to keep things organized and running smoothly. He offered to do it on an interim basis, she said, referring to Miller, adding that he was the top candidate for the job, which went out for advertisement in November.Millers expertise is in management, according to Seybold, who said his responsibilities will be public relations, enforcement of procedures and policies, and station management on a part-time basis. Currently, Miller volunteers his time to Mount Washington Valley Economic Council as chairman of the Bits & Bytes technology series, and is director of communications for e-Peaks technology group.The selectmens decision last week to release the remaining $16,000 in the Valley Vision trust fund was particularly good news after the board learned in late November that the current funding mechanism for the station has never been legal because voters have never approved an appropriation.Selectmen released the funding based on town counsels advice, which the town auditor agreed with, according to Earl Sires, town manager.In my opinion, said Peter Malia, town counsel, the town has a good faith obligation to fulfill a contractual obligation with Valley Vision, and should therefore release the remaining funds held in the trust fund to Valley Vision.Although voters approved a funding mechanism for the public, educational and governmental cable station in 1996, it was flawed, and has never provided for a legal appropriation into or out of the fund, although no one knew this until this November. The flaw was not noticed by officials at N.H. Department of Revenue Administration who reviewed the article for the 1996 warrant, and apparently none of the former boards of selectmen or former town manager knew about it either. The current board of selectmen learned about the problem when an official at the revenue administration responded to questions from the town manager. After learning the mechanism did not provide a legal avenue to channel funds to the station, selectmen had to decide whether they could continue to fund the station until town meeting in April. At that time voters will have a chance to put in place a funding mechanism, or correct the old one, and to vote on an appropriation. Although the station serves the surrounding towns as well, Conways funding is the bread and butter of the station. In fact, said town counsel in his opinion, Conways franchise fees apparently constitute a significant portion of Valley Visions annual budget, which underscores the towns duty to pay these funds to Valley Vision. Otherwise, Valley Visions ability to continue to operate in its customary and usual manner may be compromised.Selectmen are currently exploring how to present Valley Vision funding on the April warrant. Currently, the town gets a lump-sum payment in January from Adelphia, the cable company. Last year that amount totaled more than $73,000 and is expected to be more this year. The money comes from the 3 percent franchise fee charged to cable subscribers. In September 2001, Conways subscribers began paying an additional 5 cents on each bill so that Adelphia could recoup an additional $10,000 paid to the town in 2001 and turned over to Valley Vision for equipment purchases. The $10,000 payment is part of Conways 15-year contract with Adelphia. It calls for a $10,000 payment in the first, fifth and 10th year of the contract, which expires in April 2010. So with the last $6,000 monthly installment for 2002 already in hand, and the $16,000 in the mail, Valley Vision has received its last payment from the town until the voters have their say in April.As a general rule, Malia said, a town cannot spend any money for any purpose unless that amount was appropriated for that purpose by an annual or special town meeting. However, one of the exceptions to that rule is if there is a prior contractual obligation of the municipality, which I believe to be the case here.Asked why the funding could not be extended through April, Malia said, doing so would run afoul of state statute requiring spending to consistent with the prior years appropriation, and as we know from DRA, there was no appropriation in 2002.Valley Vision board members are now visiting the boards of selectmen in surrounding towns, asking for funding. Bartlett received $36,000 in franchise fees in 2002, but the voters there have not authorized all the money to go to the station. Instead, they appropriated $6,400 in support of the station for 2002; the rest goes to reduce taxes. In 2003, the fees are estimated at more than $39,600.In addition, Bartlett selectmen have said no to demands from Cuddy that they put an article on the 2003 March warrant for the full $39,600. Such an article can be placed on the warrant by petition.Madisons cable contract with Adelphia expires after the annual town meeting, according to minutes of a recent selectmen's meeting. That board is considering eliminating the franchise fee in the contract because they see it as a tax on cable subscribers. They believe it might be better to fund Valley Vision through an annual appropriation put to voters in an article on the town warrant.Under the current contract, Madison cable subscribers pay 50 cents a month per subscriber, according to Robin Frost of Madison, who serves on the Valley Vision board. Last year Madison took in about $5,800 in fees, and by warrant article, voters approved sending $4,000 of it to Valley Vision.Cuddy said Fryeburg selectmen have agreed to appropriate all their $4,000 in franchise fees to Valley Vision. Fryeburg collects only a small amount in fees, according to Cuddy, because their 3 percent franchise fee applies only to basic service.Valley Vision board members will also be visiting the board of selectmen in Jackson, Albany and Eaton.