Chichester Board of Selectmen
SELECTMENíS MINUTES
March 3, 2009
MEMBERS PRESENT: Chairman DeBold, Selectman MacCleery, Selectman Jordan and Administrator Lisa Stevens.
Others present: Mike Paveglio, Bette Bogdan, Frank Merrill, Karl Merrill, Terry McCormack, Brandon Giuda, Jamie Pike and David Colbert
Chairman DeBold opened the meeting at 7:00pm
SUBJECT: Department Heads
PRESENT: Gilbert Vien, Fire Chief; Alan Quimby, Deputy Fire Chief; John Martell, Emergency Management Director; David Kenneally, Road Agent; Patrick Clarke, Police Chief and John Dever, Building Inspector
PD - Patrick gave a status report on the ongoing renovation project at the police department. Several local contractors, Bob Gagne, Mike McKay, Ed Hayes, Eddie Bell, together with residents, Jason Weir, Fred Shaw, Donna Bell, Matt Cole, Fire/Rescue student Nick Dunbar, David Kenneally, Mike Paveglio and John Martell, have donated the past three Fridays and more to assist Chief Clarke in the progress thus far. The concrete has been cut for plumbing needed to the detention area, utilities have been relocated, compressor moved, sally port framed, and the stairway reconfigured with new stairs being built. The new bathrooms should be laid out this coming Friday. Space Needs Committee member Barbara Frangione, through generous donations from the Methodist Church, Ladies Benevolent Society and private
sources, provides noontime nourishment to all. Thank you to everyone for sharing their time and expertise to this project, the help has been invaluable and a terrific cost savings to the town. Additional volunteers would be very helpful, contact Chief Clarke for details.
Pat requested authorization to expend $2,600 from the Drug Forfeiture Fund to pay the annual cost of dues for two officers currently participating in the State Special Operations Unit. This unit was beneficial when assisting the town in a search and rescue incident last year, a cost savings which more than covers the costs of annual dues. Patrick has heard that the unit is looking to expand its functions with the inclusion of accident reconstruction which Officer Wright has received training for. Selectman MacCleery motioned to approve the Chiefís request to withdraw $2,600 from the Drug Forfeiture Fund to pay the cost of the annual dues to the Special Operations Unit. Selectman Jordan seconded, motion passed.
HYW - David informed the Board that the con span projects scheduled for Hilliard, Swiggey Brook and Perry Brook Roads are eligible projects under the Federal Stimulus Package, and possibly the bridge repair project. CLD Engineering has assisted David with submitting an application for these stimulus funds.
Selectman MacCleery informed the group that he met with the Road Agent and together they reviewed the information regarding the Town of Merrimackís highway department. Selectman MacCleery explained that in his initial comparison, he had based Chichesterís cost on thirty-six miles of road when in fact the town consists of forty-five miles of road, versus Merrimack having one hundred and sixty miles of road. Also clarified was the fact that Selectman MacCleery had compared budgeted cost of winter material and not actual cost spent on material and once the correct comparison were made, Chichester was within a few dollars of per mile costs as Merrimack.
Page 2
BOS minutes
March 3, 2009
Selectman MacCleery stated he was satisfied with the highway departmentís expenses and that they seem to be in line with what other towns are spending. Selectman MacCleery apologized if his comments of February 10, 2009 were taken as political; he stated that was not his intent.
Selectman Jordan asked the Road Agent to follow-up with resident Mike Mobbs regarding a damaged mailbox.
EMD - Mr. Martell had nothing to report this evening.
BI - Mr. Dever reported he has begun calling those on the building permit waiting list to ascertain the applicantís intent to proceed with their projects. Four permits in the Malachy Glen subdivision have expired; these permits will carry forward into this year bringing the total number of available permits to eighteen.
Mr. Dever has noticed the temporary opening banner is still in place at Tractor Supply. The banner is very tattered and should have been removed after thirty days per zoning. Selectman MacCleery informed John that this would be an issue for the Selectmen to handle as they are the Code Enforcement Officials for the town, not the Building Inspector. Chairman DeBold suggested that perhaps at another time, the Board could discuss whether or not minor infractions such as this may be delegated to the Building Inspector. The Board directed Lisa to send a letter to Tractor Supply requesting removal of the banner.
FD - Chief Vien has received a damage estimate of $2,800 to replace the sheetrock, insulation and ceiling tiles in the officerís room, due to the leaking roof. So far, Gil has not had any luck connecting with the leasing company for the copy machine that was also damaged during the leak. The Chief has purchased a tabletop copier/fax setup in place of the damaged unit. Chief Vien recommends deferring the repairs until the spring when the status of the roof shingles and furnace unit can be determined.
Chairman DeBold asked the Chief about the status of the surplus equipment at the station, in particular the old military trailer. Selectmen Jordan and MacCleery recall this item being discussed among the list of old/outdated equipment that will be sold on Craigís List or Whiteís Barn. The Forest Warden has indicated his desire to keep this piece of equipment to Chairman DeBold. Chief Vienís opinion of this equipment is that it is a waste of space, has never been registered and has not been used in all the time he has been on the department. Chief Vien contacted State Ranger Minor who determined that the trailer was not a Federal Surplus acquisition and therefore the town can dispose of it. Chief Vien indicated this trailer has sat in the corner of the ay storing tools, since
Walt Sanborn was Warden. The trailer has the capacity to store enough tools to equip a crew of fifteen, to assist in a large woodland burn. Chief Vien stated it did not make sense to have it sit in the corner and store it when we are trying to save space. After a brief discussion, the Board authorized the Fire Chief to list this item among the others to be offered for sale on Craigís List. If a reasonable offer for purchase is not made, the items will be sent to Whiteís Farm for the May auction. Mr. Colbert offered an opinion that in fairness, the Forest Warden should be asked his opinion of the use or disposal of the trailer.
Lisa presented a spreadsheet to the Department Heads and the Selectmen that compared proposals from three vendors for a ìglobalî cell phone plan for the town. The Department Heads were present during meetings with the vendors and have discussed their needs and concerns for use. Chief Clarke has been using demo phones from two carriers to determine network coverage throughout the town.
Page 3
BOS minutes
March 3, 2009
Chief Clarkeís suggestion for a regional plan has been forwarded to the Suncook Valley Regional Committee for consideration. Chief Clarke again commented that if the police department switches carriers, they will lose the current interoperability with the surrounding towns and will go back to using the radio more which could potentially result in an increase id dispatch costs to the town. The Board requested the Department Heads review the spreadsheet, as they will and bring any feedback to the Board prior to their next meting. Dave Colbert suggested the Board hold off their decision until the result of this matter by the Suncook Valley Regional Town Committee is known. It was his opinion that the town could switch and then potentially have to switch again as a result of that survey. This was a suggestion, however the committee only meets quarterly and at the present, the town has an immediate need for two additional phones and cannot continue to wait indefinitely for a
decision. The Board agreed to review the spreadsheet and be prepared to make a decision next meeting.
Selectman MacCleery inquired as to the status of purchasing additional winter sand. The Board had directed Mr. Kenneally to go and speak with Mr. Frank Merrill regarding the quality of the material that was purchase by the town from a different vendor than Mr. Merrill but from Mr. Merrillís pit. Mr. Kenneally stated he did go to the pit, they are now digging in a different spot, he did not speak to Frank however, the material from the stockpiles looked and felt the same as the sand the town had purchased last year and were dissatisfied with. David then went to DeCato and hauled two truck loads of their winter sand to the shed. David stated he only hauled a small amount to compare the cost of hauling ourselves.
Mr. Frank Merrill stated they are digging in a different spot than where last yearís sand came from. Mr. Merrill then produced to small buckets containing sand from his pit, where Mr. Kenneally looked at, and sand he had just obtained from the recently hauled material placed in the town shed and submitted a report of a Sieve Analysis performed on both materials. The results were very similar; both showed the product to be good sand, relatively close in testing. This led to a very lengthy and sometimes heated discussion as to the quality of the sand in Mr. Merrillís pit versus the quality of sand from the DeCato pit.
Questions arose as to what are the State specifications for winter sand; why do other municipalities using Merrillís sand do not have the problems Chichester is claiming; what the costs and distances are for hauling the material versus having it delivered; why the town is not abiding by the bidding policy and awarding the additional purchase to the next lowest bidder, Merrill.
Mr. Merrill stated that the DeCato sand analysis shows slightly more ìfinesî than his sand. If Merrill hauled their sand to the town, the town would realize a savings of $822.00 dollars just on this additional amount needed, over a year that amount of savings would be $4,000. Mr. Merrill stated he is also a taxpayer in this town, he is the low bidder and his sand is good.
Mr. Giuda commented that he personally was tired of the resistance of using townspeople, tired of the vagueness and asked why the Road Agent wasnít performing these studies, why did it have to come from the contractor.
Selectman Jordan then stated that any layman can tell this sand (DeCato) is sharp, the other one is siltier.
Dave Colbert spoke stating he meant no disrespect to either side here and asked, shouldnít it be a matter of preference to the guy doing the job day after day out there on the roads.
Page 4
BOS minutes
March 3, 2009
A debate started over the other materials used/hauled by the highway department with Mr. Merrill asking if the Road Agent was saying that all of his material was bad. The Board emphatically answered ìnoî. Mr. Merrill then stated that either the Road Agent didnít like him or he is taking something for himself. Mr. Kenneally responded that he took offense to that comment and absolutely was not getting any kick backs. Mr. Kenneally stated he did not like Mr. Merrillís delivery service. Both men agreed to disagree on the issue.
Chairman DeBold stated that the Board was disappointed with Mr. Kenneally. The Board had asked Mr. Kenneally to go talk with Frank about this matter. Mr. Kenneally stated he did go to Frankís pit but only conducted an eye comparison and used his hand to determine the quality of the sand. Mr. Kenneally asked if the sand used for the comparison from Mr. Merrill was what was being dug on top or last years sand.
Again this launched a discussion about the quality of the sand. Mr. Merrill stated that he has the results of a sieve test run from last year on material delivered to the City of Nashua that he will make available to Mr. Kenneally. Again Mr. Merrill asked if there exists a State specification for winter sand, if so he doesnít have or know of one. Chairman DeBold stated he had talked to some of the other small towns using Merrillís sand and they were all satisfied. Selectman MacCleery stated that the sample from Pembroke Sand and Gravel (Mr. Merrillís pit) appears to be a better product than what was delivered to the town by a different vendor last fall. Selectman MacCleery continued by stating that Pembroke Sand and Gravel was the next lowest bidder and the town should give the
contractor the benefit of the doubt to try and satisfy the town on this remaining sand and going forward, this matter can be addressed through the bidding process next year.
Selectman MacCleery commented that the amount of salt used by the department on this last storm appeared to be much less. Mr. Kenneally replied, it was, the sand we got is good sharp sand which keeps the material mealy, if the sand is not gritty enough, the sand will not stick and instead your mix will pack. Mr. Merrill asked if David spread the material separately. Mr. Kenneally responded no, they mix the sand and salt at the shed per storm, take out the first load and adjust per the conditions. This flared a brief debate as to the best method; mix per load, or per storm. David Colbert commented that there are a lot of variables with each storm, Mr. Colbert said, ìNo disrespect to Mr. Kenneally or Mr. Merrill, but next year the town needs to have an independent party such as CLD
(the town engineering firm) do the testing so the road agent isnít being accused of being on the take. Maybe they are coming into better sand at Merrillís pit but let the town engineer make that call and take the personalities out of the whole thing.î
Chairman DeBold stated he wants to see some data, he respects the Road Agentís opinion but the engineer in him wants to see some tests.
Mr. Giuda commented that being a business man, he would go talk to the supplier if he had a problem, thatís what business people do. It is Mr. Giudaís opinion that the bidding policy is junk, as a taxpayer he is glad the Board instituted it, but if the Department Heads were not doing it previously they should have been. Mr. Giuda suggested putting an independent party on the issue.
Chairman DeBold stated that if this was not handled the proper way this year the fault lies on this table as much as with the Road Agent. Selectman MacCleery inserted that he would not take blame at this table.
Page 5
BOS minutes
March 3, 2009
Mr. Merrill stated for the record that he does not believe his material was inferior from the beginning. Chairman DeBold gave his opinion that we would not be here if the Road Agent had spoken to the vendor. Selectman Jordan disagreed with going back to Merrill for sand, stating that was the reason we have all those trucks, to haul ourselves. Mr. Merrill countered, at what cost. Selectman Jordan replied he did not know.
Mr. Giuda and Mr. Merrill quipped, thatís the problem. Mr. Kenneally would not agree that it t was the same sand as what we bought last fall. Mr. Merrill stated he would scrap the two inches of sand on Kara Drive and sieve it. Mr. Merrill mentioned that his neighbor, Mr. Eggers had requested the Road Agent not spread as much sand on Kara Drive, as yet the Road Agent continues to dump the same amount. Mr. Kenneally responded that he had spoken to Mr. Eggers and told him that if he (Mr. Eggers) went to all the homeowners on the road and they agreed to less sand then he would drop less sand on the entire road. Mr. Colbert raised the concern of what liability for the town that would create.
Chairman DeBold stated his position was for the Road Agent to get the additional product from Pembroke Sand to finish up this year and motioned that the Road Agent was to purchase 500 tons of winter sand from Pembroke Sand as previously bid, 45.45 per ton, delivered. Selectman MacCleery seconded the motion. Motion passed 2-1 with Selectman Jordan not in favor.
GENERAL BUSINESS/BOARD DISCUSSION:
Mr. Colbert asked for a correction to the minutes of February 24, 2009, page three, first paragraph, first sentence to read, ìIt was Mr. Colbertís opinion that comparisons should not beÖ.
FFW - Mr. Stock informed the Board of his concern that his personal unlisted phone number had appeared on the website. Mr. Stock has spoken to Ms. Stevens and it has been corrected. Mr. Stock stated he was concerned that private information was displayed without first being asked to use it. Chairman DeBold apologized for the mishap and stated the matter will be looked into.
Mr. Stock asked where the status of the military trailer stood. Mr. Stock would like to keep the trailer, make some slight modifications to it and use it to store tools such as the $10,000 worth of hose and tools purchased to outfit Forestry III and not have them collecting dust in a corner. Mr. Stock stated that each Forestry unit has a full compliment of tools. Chief Vien was not sure at this time about the final parking arrangements once the police renovations are completed. Mr. Stock suggested the trailer could be parked under the deck and be covered with a tarp. Selectmen MacCleery posed, what about theft of the ten thousand dollars worth of tools? Mr. Stock continued by stating he did not hear about the disposal of the trailer from the Chief until after he had been notified by two
former wardens. When Gil did tell him, it was after the fact. Mr. Stock asked if the Selectmen want Gil in charge of vehicles and they consider the trailer a vehicle, what incentive is there to improve the fleet; the trailer was equipped with lights, a pintal hook, repainted and a tailgate added, all with forestry funds. Chairman DeBold commented that he would have liked Chief Vien to have called Mr. Stock and discussed the matter with him. Chief Vien responded by stating his reason for not calling Mr. Stock was because the last time he called him regarding the whereabouts of a chainsaw, Mr. Stock took the meaning that Gil was accusing him of taking it. Selectman Jordan asked how long it has been since the trailer was used. Chief Vien again stated he doesnít ever recall using it. Selectmen Jordan stated it sounds like more of a want than a need and he was in favor of disposing of the trailer. Selectman MacCleery stated if it hasnít been
used in ten years then we donít need it. Chairman DeBold concurred with his fellow board members and agreed to surplus the trailer.
Chief Vien requested a non-public session with the Board to discuss a personnel issue.
Page 6
BOS minutes
March 3, 2009
Selectman MacCleery motioned to enter into non-public session at 9:02pm, under RSA 91-A: 3, II, (a), to discuss a personnel matter. Chairman DeBold called the vote, Jordan - yes; MacCleery - yes; DeBold - yes. Motion carries.
Motion to seal the minutes for ten years, moved by Selectman MacCleery, seconded by Chairman DeBold. The chairman called the vote, Jordan - yes; MacCleery - yes; DeBold - yes. Motion carries.
Chairman DeBold moved to close the non-public session at 9:30pm. Selectman MacCleery seconded, Chairman DeBold called for the vote. Jordan - yes; MacCleery - yes; DeBold - yes, motion carries.
Selectman Jordan excused himself from the remainder of the meeting at this time.
Selectman MacCleery commented that he was in favor of a shared cell phone plan as it will bring consistency to communications. The Board will defer making a decision at this time allowing the departments further input.
Outstanding zoning complaints were reviewed. Chairman DeBold reported he had met with the Dalyís on Bailey Road to view the light glare allegedly from the Weathervane restaurant. It was Chairman DeBoldís opinion that the light was not producing trespass but was producing glare into their home. Lisa was directed to send correspondence to the Weathervane.
Ongoing communications have been received from Tractor Supply and corrections to the lighting fixtures have taken place. Once the remaining shields arrive, all lights will come into compliance.
Final review of the Doucette property on Kelleyís Corner Road is needed in the spring to determine whether or not all unregistered vehicles have been removed form the property.
Lisa will inquire whether or not the Board will assist in setup of the voting booths. Lisa will draft a handout seeking support of the Selectmenís proposed building code for availability at School District meeting and Voting Day.
The remaining mail and correspondence were reviewed. Accounts payable and payroll were signed.
Being no further business for this evening, after a motion by Selectman MacCleery, Chairman DeBold adjourned the meeting at 10:25pm.
Respectfully submitted,
Lisa Stevens Approved As Corrected
Administrator 3/17/2009
______________________ _______________________ _______________________
Richard DeBold, Chairman Stephen MacCleery Jeffrey Jordan
| 
