Chichester Board of Selectmen
SELECTMEN’S MINUTES
April 5, 2005
Present: Chairman DeBold, Selectman Colbert, Selectman MacCleery and Patty Wooster, Administrative Assistant. Chairman DeBold opened the meeting at 7:00PM.
SUBJECT: POLICE DEPARTMENT
HIGHLIGHTS: Chief Patrick Clarke reported the he had received a phone call from Wisconsin Sheriff’s Department stating they retrieved a stolen welder. The welder belonged to the Town of Chichester and was stolen from the town shed in 1999. Chief Clarke asked the Board and Road Agent David Kenneally what should be done about the welder, Mr. Kenneally stated that the worth of welder would probably be less than the shipping. The Board decided to send a letter to the Wisconsin Sheriff’s Department to keep the welder. Chief Clarke asked if the Town turned in an insurance claim. Patty will research to see if a claim was made.
Chief Clarke asked about the Capital Reserve account for police equipment. Chairman DeBold said that he had a brief conversation with Mr. Gil Vien, of the Trustees of Trust, regarding Warrant Article # 11 written and passed in 2002. According to Mr. Vien, the wording of the Warrant was not correct, therefore, the account could not be opened. Ms. Andrea Deachman said she would speak to and e-mail to Ms. Terry Knowles of the Attorney General’s office and ask her about the wording.
Chief Clarke asked the Board about the retroactive pay issue as discussed at the last Board Meeting. The Board decided that all employees who have a pay increase for the Budget year 2005 would be entitled to retroactive pay back to January 1, 2005. This is due to the fact that apparently the Town did not properly inform each individual employee in writing of the policy, as established in 2004, that pay increases will begin following the approval of the Town Budget at Town Meeting. The policy was previously distributed to just the Department Heads, but it must be ensured that each individual employee receive a written copy.
SUBJECT: HIGHWAY DEPARTMENT
HIGHLIGHTS: Road Agent David Kenneally said that over the weekend the heavy rains blocked two culverts on Towle Road. He thinks that it would be best to rip out the two culverts and replace them with one big culvert.
Mr. Kenneally said that he thought that Warrant Article #10 was amended in error. He stated that the Warrant Article theme was changed. He said you could not amend an article making it significantly different then its intent. He said he was in favor of creating a Road Advisory Committee, but felt that having an October deadline to complete road surveys and road plans for 5 and 10 years was “rushed”. Currently there are 7 interested residents for the Road Advisory Committee. The Board asked Mr. Kenneally if he could come to next Tuesday’s Board of Selectmen’s meeting to get the ball in motion for establishing the Road Advisory Committee.
Mr. Kenneally said he was waiting for the roads to dry out so he can begin grading the roads.
Chairman DeBold said that he received a phone call from Mike McKay asking for help with a light. Mr. Kenneally hired Mr. McKay to install a light on the pole at the Town Shed. Mr. Kenneally said he had the light installed as a safety issue. He said in the winter it was hard to see on top of the sander and installing this light was precautionary. He said that the light can be controlled from a switch on the inside of the shed.
Mr. Kenneally mentioned a letter that he received from CLD Consulting Engineers (“CDL”) regarding Webster Mills Bridge. He said CLD received a letter from the Conservation Committee regarding some issues that could possibly effect the environment. In the letter from the Conservation Committee some of the concerns were, Blanding Turtles, reproduction ground for brook trout and the Conservation Committee asked that the tress that are removed be replaced to help maintain the shading of the brook to keep the water temperature lower for the trout. The Conservation Committee is also concerned with the use of a galvanized rail, their thoughts are that the use of galvanized steel could possibly release zinc into the water. CDL responded to their letter. In brief they stated that they
checked with the Natural Heritage Bureau and was advised that there is no endangered species in the area; the contractor will employ an individual to monitor the temporary erosion to protect the trout; due to slope treatment, replanting of trees would not be feasible; and the cost for a wood or weathered iron guardrail will be very costly. The standard type of rail that is used is not new to the area, and CDL is not aware of any substantial problem with the effects of zinc for the amount of railing that is proposed for the project.
SUBJECT: EMERGENCY MANAGEMENT
HIGHLIGHTS: Mr. John Martell had nothing to report.
SUBJECT: BUILDING INSPECTOR
HIGHLIGHTS: Building Inspector, David Paveglio said that he prematurely issued a building permit for the driving range on Route 4. He stated that the driving range is in two phases. Phase II is hinged on a dredge and fill application. Mr. Pabst received a conditional approval and is obtaining proper permits. Phase I consists of the parking area and building, an occupancy permit is going to be held up. Mr. Paveglio will be sending a letter to Mr. Pabst to cease and desist.
Mr. Paveligo shared with the Board that he has been doing some research regarding permit fees. He said that some towns do not have impact fees and charge up to $800.00 for building permits. It seems that Deerfield is the only town besides Chichester that charges impact fees. Selectman Colbert said that he would like to do away with impact fees and see a per square foot building fee. These fees would go into the general fund and would be easier to administer. Chairman DeBold would like to see the Town of Chichester be consistent with other towns.
SUBJECT: FIRE DEPARTMENT
HIGHLIGHTS: Fire Chief Mike Paveglio said that the generator is working fine. He asked that a correction be made to the minutes from March 22, 2005. He wanted to correct “the generator is tested every day for 20 minutes” this needs to be corrected to the generator is tested every week for 20 minutes.
Mr. Paveglio stated that he has spoken to Rymes Oil and said that Rymes will remove and replace the tanks that are in the ground. He asked David Kenneally if he could help finishing the grading. Mr. Paveglio stated that he want to change the generator tank to a 1,000 gallons.
Mr. Paveligo stated that two new members joined the fire department. He said they just moved to Chichester. He said the husband is a paramedic and his wife is an EMT.
SUBJECT: JOHN MARTELL
HIGHLIGHTS: Mr. John Martell questioned the Board as to why his discussion with the Board at the Board Meeting March 22, 2005, concerning the issue of a private conversation with a Selectman, did not appear in the minutes as approved on March 27, 2005. Chairman DeBold was unaware of that and would take up the issue with the Board and the Administrative Assistant.
SUBJECT: TOWN LINE BORDERING EPSOM
HIGHLIGHTS: In attendance was Tracy Sweeny, from Bartlett & Associates; Duane Tomaszewski and Lloyd Brower from Canterbury Cove and Mark Connelly, attorney for Canterbury Cove. Mr. & Mrs. Donald Rott.
The issue that was brought to the Board was the concern for the town line between Chichester and Epsom. Mr. & Mrs. Rott live on Hillview Road in Chichester and recently learned that 50 feet of their property is in Epsom and belongs to Canterbury Cove. Canterbury Cove is basing this information on the survey that was prepared by Bartlett and Associates. Mr. Sweeny is basing his information on 2004 Perambulation. According to that Perambulation, the town line is on the other side of the stonewall. Chairman DeBold stated that he has done a great deal of research and has discovered the 2004, 1994 and 1987 Perambulations are incorrect. He based his discovery on Perambulation from 1923, 1947, 1962 and 1969. According to those Perambulations the marker for the Town line is referred
to as a “stonewall”.
Attorney Connelly stated that his client, Canterbury Cove was not interested in the 50 feet. Attorney Connelly suggested that he draft a Quitclaim Deed to the abutters in Chichester stating that the stonewall is the town marker.
It was further discussed that the Selectmen from Chichester and the Selectmen from Epsom should meet to discuss this issue and make an amendment to the 2004 Perambulation.
SUBJECT: Mr. Gil Timm/Impact Fees
HIGHLIGHTS: Mr. Timm is the owner of CG Properties (“CG”). CG purchased land from Mr. Mark Drew and they have since built a house on the land. Mr. Drew had a partial foundation and septic system on the land. Recently, Mr. Timm received a letter from the Town of Chichester regarding unpaid impact fees. In the letter it stated that the impact fees needed to be paid before an occupancy permit can be issued. Mr. Timm thought that the fees should have been paid for by Mr. Drew. Mr. Drew had paid the impact fees when he obtained his building permit. However, he asked for a waiver of the fees and was granted a waiver. Board returned the fees. Mr. Timm does not think it fair that he pay the impact fees. The Board will take it under
advisement. Mr. Timm respectfully requested a answer before the end of May.
SUBJECT: Mr. Doug Hamil/Impact Fees
HIGHLIGHTS: Mr. Hamil asked for an extension on the due date for the impact fees. Mr. Hamil owns two pieces of property that and he would have to pay the fees by April 15, 2005. The Board took this under advisement.
Following discussion about the policy used last year it was decided that a more appropriate date for the latest time for an individual to collect their building permit and to pay the impact fee should be May 15th of each year. After that date the permit will be “released” to the next person on the waiting list. Considering the harsh winter and wet Spring of 2005 it was decided that this year the Board would extend that date to June 1st.
A Motion was made by Chairman DeBold to extend the deadline of collection of impact fees that are due on building permits being held by the building inspector to June 1, 2005. This Motion was seconded by Selectman MacCleery and all were in favor.
SUBJECT: Ms. Andrea Deachman/Planning Board
HIGHLIGHTS: Ms. Deachman told the Board that Chairman Tracy Scott was disappointed in a statement that was made in the Selectmen’s minutes of March 15, 2005. The statement Ms. Deachman was referring to was about the Planning Board and their inconsistencies. Ms. Deachman said the Board has been very consistent with respect to wetlands delineation.
SUBJECT: General Business
HIGHLIGHTS: Patty spoke to the Board regarding updates for the Town of Chichester’s website. Currently, Mr. Fred Shaw has been helping out with the website and wanted to update the website. The Selectmen designated Patty to the be Selectmen’s representative for the updates. Patty will contact Mr. Shaw and schedule a time when they can get together to discuss changes.
A Motion was made by Chairman DeBold regarding increases in salary. All increases in salary will be effective the first pay period in April. Motion was seconded by Selectman MacCleery and all were in favor.
Discussion was made regarding Mr. John Martell’s inquiry about why the minutes of March 22, 2005 did not include any reference to his discussion with the Board on the subject of a private conversation with a Selectman.
Chairman DeBold asked the Administrative Assistant why the minutes of March 22, 2005 did not reflect any information on the Board’s conversations with Mr. Martell. The Administrative Assistant informed Chairman DeBold that she completely removed the references and information of Mr. Martell’s conversations from the draft minutes at the request of Selectman MacCleery. The Administrative Assistant stated Selectman MacCleery informed her that he would take full responsibility for his request.
Chairman DeBold and Selectman Colbert stated they were both totally unaware and were not informed by Selectman MacCleery as his individual actions.
Chairman DeBold stated that the request of Selectman MacCleery to alter public minutes was completely inappropriate and that no individual member of the Board of Selectmen outside of an official meeting can act on their own and make such a decision to change public minutes.
Selectman MacCleery stated that he believed that the Board’s conversation with Mr. Martell were of personal nature, more of a personal attack, and did not belong in the minutes.
Chairman DeBold stated that such actions, editing minutes completely of someone’s discussions with the Board, are a violation of the Right to Know law and that any and all persons appearing before the Board with whatever issues, their presence must be recorded and at a minimum, a brief description of the subject matter discussed, must be recorded as part of the minutes.
Note: On March 22, 2005, Mr. John Martell appeared before the Board to discuss an issue that he felt may have reflected badly on his reputation. Mr. Martell, in a telephone conversation with Selectman MacCleery had previously discussed a rumor of the firing of Police Chief Clarke. Selectman MacCleery assured him that Chief Clarke was not going to be fired. Apparently, the rumor continued around Town and Mr. Martell wants to assure the Board that he did not perpetuate the rumor.
The Board signed payroll and accounts payable.
Legal correspondence, mail and e-mail were reviewed.
Being no further business, Chairman DeBold adjourned the meeting at 11:30pm.
Respectfully submitted,
Patty Wooster
Administrative Assistant
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Chairman Richard DeBold
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Stephen MacCleery
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David Colbert
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