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Selectmen Minutes 03/28/2006
Chichester Board of Selectmen
SELECTMEN’S MINUTES  
March 28, 2006

Present:  Chairman MacCleery, Selectman Colbert, Selectman DeBold and Patty Wooster, Administrative Assistant.  Chairman MacCleery opened the meeting at 7:00PM.

SUBJECT:  Emergency Management Director

HIGHLIGHTS:  Emergency Management Director, Mr. John Martell had nothing to report.  Selectman DeBold stated that he had met with the Department of Environmental Services (“DES”) who advised him that they need a plan regarding the removal of the Town’s portion of the dam located on Marsh Pond.  Selectman DeBold volunteered to do a sketch, including view and cross section, and construction sequence.  He stated that if the Town did not submit a plan by April 1, 2006 that we may receive a courtesy letter from DES.  When asked how long Selectman DeBold thought the approval period would take, he stated that it would take several weeks.

SUBJECT: Building Inspector

HIGHLIGHTS:  The Building Inspector, Mr. David Paveglio stated that he thought Mr. Harold Turgent purchased most of Mr. Mullaney’s interest in Malachy Glen Phase II.  Mr. Turgent met with Mr. Paveglio regarding occupancy permits.  Mr. Paveglio informed him that NO occupancy permits will be granted until the cistern is completed.  Mr. Paveglio told Mr. Turgent there were some issues with the roads.  Mr. Turgent told Mr. Paveglio that he had no concern for the roads; he stated if there were problems with the roads, then it is an issue that needs to be addressed with Hiltz.  Mr. Kenneally stated that the shoulders have not been built, the roads are in rough shape, nothing is seeded, and there is an issue with one of the culverts.  Mr. Kenneally was advised by the Board of Selectmen that he should put his concerns in a letter to the Selectmen.  Selectman DeBold stated that there was $328,000.00 left in the bond and that should be enough money to make any corrections if necessary.  Mr. Kenneally feels that the Town Engineer should never have signed off on some of the work that was done on the roads.  Selectman Colbert stated that there have been problems in the past with the Town Engineer and the Planning Board should be directed to send out Requests for Proposals (“RFP”).  Fire Chief Paveglio stated that not having the cisterns completed prior to people moving into their homes is a life safety issue and he stands behind the statement that was made by Mr. Paveglio. The cisterns are the request of the fire department.

Mr. Paveglio was a little annoyed at the Board of Selectmen’s office.  The office had sent a letter to Mr. & Mrs. Labbe regarding the travel trailer that is on their land.  In the letter it was suggested that the Labbes speak with the Building Inspector about getting a permit for the trailer.  In a letter sent by Mrs. Labbee, she stated that her parents are “both ill and have placed a large (5th wheeler) trailer on our property to live in”.  This sparked a letter by the Board of Selectmen’s Office as in accordance with The Town’s Zoning in Article III-C-3 (c) which states: More permanent use of a house trailer or mobile home to an existing residence as a temporary accessory solely for the purpose of elderly housing for relations, permitted during the life of occupant, and thereafter removed.  Mr. Paveglio said he thought that this is a gray area and stated that he told the Labbes they did not need a permit.  Chairman MacCleery apologized to Mr. Paveglio, but still feels that a permit should be given to the Labbes.  Mr. Paveglio disagreed, he said that Mr. Labbe’s parents only live in the trailer during the summer months and in the winter they live in Florida.  Chairman MacCleery stated that the Selectmen’s Office has a letter from Mrs. Labbe that states her parents are living in the trailer now and have been.  Chairman MacCleery asked Selectmen DeBold to bring this issue up to the Planning Board and get feed back from them.

Briefly discussed was the issuance of a building permit to Live and Let Live Farm.  Chairman MacCleery stated that the Board of Selectmen will be meeting with the Board of Adjustment to have the building permit that was issued to the farm on February 3, 2006 revoked.  Chairman MacCleery told Mr. Paveglio that he was invited to attend the meeting.  Mr. Paveglio stated that he would try to be there.

SUBJECT: Fire Department

HIGHLIGHTS:  Fire Chief, Mike Paveglio gave the Selectmen his pay check stub and stated that taxes are not coming out of his stipend or his pay when he has rescue duty.  He asked the Selectmen to speak to Erin about this.

Chief Paveglio presented the Board of Selectmen with a list of equipment that he is trading in to get new equipment.   Chief Paveglio stated that he should have his new portable radios soon, and that he thought it was a good idea that each Town Building have one of the old  radios, just in case of an emergency.

Chief Paveglio stated the he would like to put a committee together to determine if Engine #2 should be refurbished or should the Town purchase a new truck.  He asked if one of the Selectmen would like to be part of the committee.

Chief Paveglio stated that it is now brush fire season and only himself, Deputy Paul Sanborn and Walter Sanborn are the only people that are authorized to issue permits for fires.  He stated that there is a new system in place and it will be much easier to track permits.  He said that if a person does not have a permit to burn, they will be given a warning.  After the third warning, that person will lose permit privileges for seven (7) years.  Chairman MacCleery asked Chief Paveglio about burning the Shaw’s field. Chief Paveglio stated that it would take awhile since the burning must be done in the day.

SUBJECT: Police Department

HIGHLIGHTS:  Police Chief Patrick Clarke stated that he would like to offer Stacy Seluk the open full-time police officer position.  Selectman Colbert asked Chief Clarke if she has been through the academy.  Chief Clarke stated that she has been through the part-time academy and has training in corrections.  He stated that she has passed the written test and the physical test.  He asked if Impact fees could be used for her training and for her equipment.  The Board of Selectmen seemed to think that it was permissible to use the impact fees as she is additional personal.  

Chief Clarke stated that the lap top in one of the cruisers has quit, he asked the Board of Selectmen if he could use cable franchise fees to replace the lap top.  He stated that he had requested in a warrant article to purchase a new imaging program through the Capital Reserve Account, he thought that perhaps a new computer for the booking room could be purchased through impact fees.  

Chief Clarke stated that the old cruiser has been stripped except for the amber lights and spot light.  He said that he wanted the car painted before giving the car to the Highway Department.  

He reported that a stop sign was missing from Mason Road.  The Road Agent, Mr. David Kenneally stated that he would replace the sign.

Chief Clarke spoke with the Selectmen regarding a letter that they had received from Mr. Richard Steed regarding Chief Clarke’s conduct.  In the letter, Mr. Steed alleged that Chief Clarke had not properly handled an investigation of theft.  Chief Clarke stated that Mr. Steed had given the money to his renter, therefore there was no theft.

SUBJECT: Highway Department

HIGHLIGHTS:  The Road Agent, Mr. David Kenneally stated that the emergency generator was up and running and that the backhoe had been repaired.  He said the backhoe had new tires and the electrical system was repaired.

Mr. Kenneally stated that he would like to get the ad in the newspaper as soon as possible regarding hiring full-time help.  Selectman DeBold showed the other Board members and Mr. Kenneally what he had put together for qualifications for the full-time help.  Mr. Kenneally was advised to place two ads, since it is not necessary for both full-timers to have a CDL license.  Chairman MacCleery received a call from Mr. Brandon Giuda about culverts on Kelley Corner Road.

Mr. Kenneally stated that he has placed some cold patch on the culverts on Kelly Corner Road, he said as soon as the patch plant opens he will skim over them with hot top.

Selectman DeBold stated that Mr. Kenneally and The Road Advisory Committee should meet to draw up a plan for the 13 miles of road.  He also stated that The Road Advisory Committee should start meeting. Mr. Kenneally asked if he could sub-contract the labor out.  Selectman DeBold stated that Mr. Kenneally would need to show accountability and that all expenses for the project need to be broken out.

SUBJECT: Mr. David Hartley

HIGHLIGHTS:  Mr. Hartley met with the Board of Selectmen to discuss how his property was evaluated.  He stated that his assessment was incorrect.  He stated that he met with the assessor, Mr. Rod Wood and he agreed that there was an issue with how the property was evaluated.  Mr. Hartley stated that he did not have 600 feet of road frontage.  Mr. Wood agreed with him, however the Board of Selectmen had reviewed tax map 9 and discovered that Mr. Wood was not correct, that in accordance with the tax map and deed, Mr. Hartley has over 600 feet of frontage.  Patty was asked to speak with Mr. Wood on this matter.  

SUBJECT: Mr. & Mrs. Labbe

HIGHLIGHTS:  Mr. and Mrs. Labbe met with the Board of Selectmen to discuss an issue they have with Mr. Mullaney.  The Labbes were sent a letter from Mr. Mullaney requesting they schedule a date for the Labbes to have their driveway moved and the shrubs planted.  Mrs. Labbe sent back a letter to Mullaney explaining that this is not the time to do this, she stated that her parents have a 5th camper wheeler on their property and it can only be moved where the current driveway is.  She stated that both her parents are ill and at this time they can not move the trailer.  Mrs. Labbe stated that she received a letter from Mr. Mullaney’s attorney giving her a month to have her driveway moved and the shrubs planted.  The Labbes feel threatened by these letters and are seeking help from the Board of Selectmen.  The Board of Selectmen agreed that the Settlement Agreement did not state a deadline as to when the work on the Labbes property would be done.  The Board of Selectmen stated that they need to speak with the Town Attorney.  The Labbes were given a deadline of March 31, 2006, Selectman Colbert told them not worry about the deadline.

SUBJECT: Fire Chief Michael Paveglio and Police Chief Patrick Clarke

HIGHLIGHTS:  Fire Chief Michael Paveglio requested a closed session in accordance with RSA 91-A:3-II-(a)(c) Right to Know Law-Non-public session.

A Motion was made by Selectman Colbert to enter into a non-public session in accordance with RSA 91-A:3 II (a)(c).  The Motion was seconded by Selectman DeBold.  A vote was taken by roll call and all members voted in the affirmative.

Selectman DeBold made a Motion to come out of the non-public session.  The Motion was seconded Selectman Colbert.  A vote was taken by roll call and all members voted in to come out of the non-public session.

Selectmen DeBold made a Motion to seal the minutes permanently.  Selectman Colbert seconded the Motion.  A vote was taken by roll call and all members were in favor.

SUBJECT: General Business

HIGHLIGHTS:  Discussed was the appeal to the Board of Adjustment.  The Board of Selectmen reviewed the Live and Let Live Farm file.  They discovered that there was no application for a home occupancy.  The members discussed what issues they wanted to cover in their meeting with Board of Adjustment.

The Board of Selectmen reviewed the applications from residents who were interested in open positions for different boards and committees.  Patty will schedule appointments with those who are interested.

The Board of Selectmen briefly discussed each having a list of their top 3 to 5 issues that they would like to address this year.  Selectman Colbert submitted his list.

Patty advised the Selectmen that she had Gosse Septic install carbon filters on the septic exhaust pipes located outside the Town Hall.

Patty advised the Board of Selectmen that the locks were changed on Monday.  She gave each Department Head and the Selectmen a new key.

The Board signed payroll and accounts payable.  

Legal correspondence, mail and e-mail were reviewed.  

Minutes from March 21, 2006 were reviewed and approved

Being no further business, Chairman MacCleery adjourned the meeting at 11:15PM.

Respectfully submitted,

Patty Wooster
Administrative Assistant


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Chairman Stephen MacCleery
        

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David Colbert

                                                
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Richard DeBold