Chichester Board of Selectmen
SELECTMEN’S MINUTES
February 13, 2007
MEMBERS PRESENT: Chairman MacCleery, Selectman Colbert, Selectman DeBold and Administrative Assistant Lisa Stevens.
Chairman MacCleery opened the meeting at 7:00pm.
SUBJECT: Department Heads
PRESENT: Mike Paveglio; Fire Chief, David Kenneally; Road Agent, Dave Paveglio; Building Inspector, Patrick Clarke; Police Chief; John Martell; Emergency Management Director
BI – Building appears to be on hold until the spring. Mr. Paveglio has received an inquiry from Mr. Gary DePalma regarding the building permits waiting list. Mr. DePalma is meeting with the Board later this evening.
EMD – Mr. Martell had nothing to report this evening.
FD – The Board of Selectmen accepted the resignation of Chief Mike Paveglio, with regret. Mike will stay on until a replacement can be appointed. Historically the Selectmen have appointed the Fire Chief on the recommendation of the Fire Department.
A discussion took place regarding the fact that documentation can not be found establishing a Fire Department by the legislative body as required by RSA 154:1. The Board discussed working with the fire department to establish the organization, powers and duties as set forth in RSA 154:1, to bring to the floor for next year’s town meeting.
Chief Paveglio made the suggestion that in light of this the Board might want to consider appointing an interim chief for one year.
Chairman MacCleery asked if the department had a record of when the by-laws were voted out and replaced by the administrative regulations dated 1998. Chief Paveglio explained that the by-laws are for the fire association and not something that has to do with the every day running of the fire department. The by-laws went away when the association was incorporated. The department follows the administrative regulations; however there are some chapters listed in the table of contents such as chapter 4; Coaching & Discipline, which were never completed.
The nomination of a candidate for chief will be discussed at the monthly fire department meeting and then brought forward to the Selectmen.
PD - Officer Seluk’s injury at the academy was only a pulled muscle. There is a new problem with the Ford Explorer. The ABS sensor has snapped and is bouncing around in the rear differential. The Board would like the Chief to get a quote for the repairs.
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The 2000 cruiser needs a radio. Chief Clarke asked the Board for the approval to purchase one at a cost not to exceed $3,287.80 using Impact Fee money. This radio is additional equipment needed due to the increase in the number of police cruisers as a result of the additional full-time officer to the force. The original radio was pulled from the 2000 cruiser and placed in the new cruiser to save the town money with the intent of the 2000 cruiser being turned over to the highway department. That did not take place; the Ford Explorer because of operating problems and repairs needed is being used minimally, therefore leaving the Chief to drive the 200 cruiser on a day to day basis.
The Board was in agreement to allow the use of Impact Fee money.
The Police Department has been invited to join the Central NH Special Operations Unit. Chief Clarke explained in detail what the unit was designed for, the commitment needed from the town and the annual cost to be involved with the unit. The new sheriff of Merrimack County would like to expand this unit and Pat sees this opportunity as an asset for the town during special police situations. Two members from the department would receive specialized training and the equipment necessary to be a member of this unit. The annual fee for Chichester is $2500.00. The Chief asked the Board of Selectmen for the authority to expend the cost of this year’s annual fee to join the Central NH Special Operations Unit from the Drug Forfeiture Fund. Motion Chairman MacCleery, seconded by Selectman
Colbert to allow the Police Chief to spend $2,500.00 from the Drug Forfeiture Fund to become members of the Central NH Special Operations Unit. All were in favor. Motion carries.
HYW – The Road Agent presented the Selectmen with a proposal from CLD Engineering in the amount not to exceed $8,000 for the cost of obtaining the Wetlands Permits needed to replace the culverts on Center Road. Obtaining permits from the State may take up to ninety days and the Road Agent would like to begin the process as soon as possible. The Board agreed and signed the commitment letter to CLD Engineering.
The department has been cutting brush and cleaning ditches that have been backing up due to all the ice.
SUBJECT: Fire Department – Federal Surplus Purchase
PRESENT: Mike Paveglio; Fire Chief, Patrick Clarke; Police Chief
Motion made by Chairman MacCleery and seconded by Selectman Colbert to enter into non-public session at 7:45pm, pursuant to RSA 91-A:3, II ( c) in which matters discussed in public, would likely affect adversely the reputation of any person. Chairman called for the vote. Colbert – yes, DeBold – yes, MacCleery – yes. All were in favor. Motion carries.
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Motion made by Chairman MacCleery and seconded by Selectman DeBold to close the non-public session at 8:40pm. Chairman called for the vote. Colbert – yes, DeBold – yes, MacCleery – yes. All were in favor. Motion carries.
No votes were taken in non-public session.
Motion made by Selectman DeBold and seconded by Chairman MacCleery to seal the minutes of the non-public session for ten (10) years. All were in favor. Motion carries.
On recommendation of town counsel, the Board will offer the individual involved a hearing to discuss the Board’s findings and to correct any errors that may be on the record. Selectman DeBold will confirm with counsel in the morning and the letter from the Board outlining their findings will be mailed to the individual.
SUBJECT: Building Permit waiting list
PRESENT: Mr. Gary DePalma
Mr. DePalma met with the Board to discuss the situation of not being able to get a building permit until 2008 due to the limitations set forth in the Growth Management Ordinance. Mr. DePalma would like the Board to revoke the Growth Management Ordinance on the basis it is not fair to the general public and it just doesn’t make sense. Mr. Palma stated the Growth Management Ordinance should be a short term fix and has been in effect since 2001.
Selectman DeBold explained to Mr. DePalma that the Board has no authority to revoke zoning unless the court deems it to be unconstitutional. Further, the Planning Board in conjunction with Central NH Regional Planning looks at the statistics on growth with all the surrounding towns and adjusts, if necessary the percentage used to determine the number of permits for new dwellings issued each calendar year. Due to the court settlement between the town and Mr. Mullaney, the number of permits available to the general public is further reduced until the year 2009.
Short of going to court with the town, Mr. DePalma asked the Selectmen what other options were available to get this zoning changed. Mr. DePalma stated the town has a problem with our zoning. Selectman Colbert clarified, developers may have a problem with our zoning but the Board doesn’t have a problem with the zoning. Chairman MacCleery stated the town votes in the zoning and the townspeople can vote it out.
The Board informed Mr. DePalma he was too late for this year to get something on the ballot, but going forward he could file a petition with the town to change the ordinance.
It was also recommended that Mr. DePalma and others who are unhappy about the Growth Management Ordinance should get on the agenda with the Planning Board to discuss alternatives or revisions to the current zoning.
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GENERAL BUSINESS/BOARD DISCUSSION:
The Administrative Assistant would like the Board to approve hiring an on call assistant for the Selectmen’s Office at $10/hr. This position is strictly to be used as a back up to cover vacations or other instances when the current staff is not able to be in the office.
Motion Chairman MacCleery and second by Selectman DeBold to hire a part time on call assistant for the Selectmen’s Office at $10/hour. All were in favor. Motion carries.
Motion Chairman MacCleery and second by Selectman DeBold to authorize the Police Chief to spend up to $3,287.80 to purchase and install a radio for the 2000 cruiser utilizing the Police Department Impact Fees. All were in favor. Motion carries.
Lisa discussed the computer problem discovered when the IT contractor performed routine maintenance on the computers in the Planning Office. The anti-virus software had expired and both computers were full of bugs/viruses along with what was termed “malicious software” as a result of downloading sharing and gaming software. This put the entire system at a critical risk. Lisa described the course of action taken per the recommendation from the computer contractor. These computers will no longer be connected to the server; separate backups will need to be done by the users. Personal use of the town’s computers will not be tolerated. The Board was in favor of drafting a policy for Computer Use.
Selectman Colbert opened the dialogue regarding the administrative position in the Selectmen’s Office. He and Selectman DeBold are of the opinion that the Board of Selectmen is responsible for determining the level of staffing required of their administrative staff. A lengthy discussion followed touching on job descriptions researched by Selectman DeBold of communities with similar population, pay scales, what the job involves on a day to day basis and what the overall expectations by the Selectmen are of the position.
Motion Selectman Colbert and second by Selectman DeBold to restore the Board of Selectmen’s administrative position back to Town Administrator. All three were in favor. Motion carries.
The Board received an updated letter of intent for the proposed Marsh Dam Project but has not yet reviewed the attorney’s recommendations on this matter. This will be taken under advisement and reviewed at length.
The Board received an offer from Dave Hartley to be considered for a position on the Planning Board.
Payroll and accounts payable was signed.
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Correspondence and e-mails were reviewed.
The minutes of February 6, 2007, both sessions, were approved as written.
Being no further business, the Chairman adjourned the meeting at 10:35pm.
Respectfully submitted,
Lisa Stevens
Administrative Assistant
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Stephen MacCleery, Chairman
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David Colbert APPROVED AS CORRECTED
2/20/2007
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Richard DeBold
Board of Selectmen
Town of Chichester
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