Chichester Board of Selectmen
SELECTMEN’S MINUTES
July 19, 2005
Present: Chairman DeBold, Selectman Colbert, Selectman MacCleery and Patty Wooster, Administrative Assistant. Chairman DeBold opened the meeting at 7:02PM
SUBJECT: Mr. & Mrs. Richard Mackin
HIGHLIGHTS: Mr. & Mrs. Richard Mackin met with the Board of Selectmen to request a waiver and refund of impact fees in accordance with The Town of Chichester’s Zoning Ordinance specifically Section III- M-10. Mr. & Mrs. Mackin have met the requirements of this section. Selectman MacCleery questioned whether or not the Board had leeway to grant this request and should the Board seek legal counsel in the determination of this request. He stated that when the Mackins applied for their Building Permit, they did not meet the criteria. Mr. Mackin stated that in the Town’s zoning it specially states: …impact fees shall normally be collected as a prior condition to the issuance of a certificate of occupancy. (Section III-M-6). Since the Mackins
have not started construction on their home an occupancy permit has not been issued making the Mackins exempt from the impact fees. Selectman Colbert stated the Board had previously given refunds to residents after the building was completed. Selectman MacCleery said he was concerned about the date. Chairman DeBold stated that the zoning was mute on the date and was comfortable interpreting the zoning language as written and he felt the Mackins have met the conditions.
A Motion was made by Chairman DeBold to waive the impact fees and refund the Mackins as they have met the criteria as specifically mentioned in the Town’s zoning- Section III-M-10. The Motion was seconded by Selectman Colbert. A vote was taken, Chairman DeBold and Selectmen voted to pass the Motion, Selectman MacCleery was not in favor. The Motion carried.
SUBJECT: Mr. & Mrs. Harrington
HIGHLIGHTS: Mr. & Mrs. Harrington who owns a mobile home located on Hilliard Road met with the Selectmen and the Road Agent, Mr. David Kenneally. Mr. Harrington sent an e-mail to the Board of Selectmen stating that they were having problems with the dirt road they live on specifically the road has built up approximately 12 inches higher than their driveway. The Harrington’s stated that when the driveway was first installed it was even with the road. Mr. Harrington wrote that when it rains the road drains down hill into their driveway down the walkway straight to the house. Mr. & Mrs. Harrington stated that the dirt, sand and small gravel runs by their well and sits by the leach field. They stated that the skirting of the trailer has been pushed in by the
debris.
Chairman DeBold stated that he thought this problem was created by the Town’s Road Department over the years. Selectman Colbert stated that some attempts have been made to correct the problem. For example, the opposite side of the road was pitched. Mr. Kenneally had two concerns, if the road was taken down approximately 18 inches how would it stop the water and the other concern is, by doing so would create two “jumps” reducing the sight distance. Selectman Colbert asked if there was anyway to put in a catch basin. Mr. Kenneally said that is not an easy fix. Mr. Kenneally stated he did not know what the fix is. He is concerned with the line of sight. Mr. Kenneally said that he would have to look at the situation and asked the Harringtons
when a good time would be to meet with them and review the situation. Mr. and Mrs. Harrington said that July 26 at 5PM would work for them. Chairman DeBold stated that he would like to be in attendance.
SUBJECT: Police Department
HIGHLIGHTS: Sergeant John Martel reported to the Selectmen as Chief Clarke is on vacation. Sgt. Martel reported that all was going well and he had no problems on race weekend. He stated that many speeding tickets were issued on that weekend.
SUBJECT: Emergency Management
HIGHLIGHTS: Mr. John Martel questioned if there was any new information on Marsh Pond Dam. Chairman DeBold stated that he spoke with Dale Guinn at the Department of Environmental Services (“DES”) Dam Bureau. Mr. Guinn stated that the letter that is being sent to the Town and to Mr. Cavacco with respect to removal or replacement of the Dam on Marsh Pond has cleared by the Attorney General’s office and is now on the Commissioner’s desk waiting to be signed.
Mr. Martel stated that there was a need to have a “table top” emergency operation plan. Fire Chief Mike Paveglio stated the Selectmen need to become NIMS certified and told them that one of the members of the fire department is a trainer for the NIMS program.
Mr. Martel said that he would like to start applying for next year’s grants. Mr. Martel said that he would do some research for the grants and Fire Chief Paveglio stated that he would work with Mr. Martel.
SUBJECT: Highway Department
HIGHLIGHTS: Mr. David Kenneally stated that he found out that the highway department is considered “first response” to emergencies according to Federal Emergency Management Agency (“FEMA”).
Mr. Kenneally shared with the Board his application to FEMA regarding emergency snow removal for the storm in February 2005. Mr. Kenneally had applied for approximately $10,000 to cover the expenses for the snow storm. He stated that he received a reply from FEMA and the grant will be for $9,800.
Mr. Kenneally said he received bids to replace the guardrail on Kelley Corner Road and the cost is $2,400.
Mr. Kenneally reported that there is a maple tree on Canterbury Road that is partially dead and should be removed. Chairman DeBold stated that he looked at the tree and will follow up with District 5.
Mr. Kenneally stated that he received three bids for shimming and paving three roads, Depot Road, Cross Road and Smith Sanborn Road. The bids were as follows:
¨ Pike Industries: $48.00 per ton
¨ Brach’s: $39.50 per ton; and
¨ Advance: $43.00 per ton
Selectman MacCleery asked Mr. Kenneally not to move forward with Smith-Sanborn Road until a decision is made regarding Hillview Road and the development that is being built in Epsom. Chairman DeBold stated that Mr. Kenneally should look at Staniels Road as chunks of wood are coming up through the pavement.
Mr. Kenneally gave each Selectmen a copy of the proposed alternative designed guardrail for Webster Mills Bridge. Selectmen MacCleery was concerned about cutting off someone’s driveway. The driveway that may be involved belongs to Mr. & Mrs. Topouzoglou. Mr. Kenneally stated that the proposal was going to be presented to Mr. & Mrs. Topouzoglou by himself and CLD. Mr. Kenneally asked if one of the Selectmen would like to be present as well. Mr. Kenneally does not feel it is right to take someone’s property when there are other options.
Selectmen Colbert stated that he received a complaint from a resident regarding flagging on Horse Corner Road. Selectman Colbert stated that a resident was driving on Horse Corner Road and attempted to go around a construction truck and was almost hit by an oncoming car. She said there was no one flagging. She said she stopped to say something to the crew that was standing around smoking cigarettes and was met with unwanted sarcasm stating they did not need a flagger. Mr. Kenneally said that anytime he checked up on the crew there were two flaggers. He said that he would speak to the supervisor on the job. Mr. Kenneally also reported that the crew was doing a very good and through job sealing the pavement and that he was pleased with their work.
Also, Mr. Kenneally has hired Luke Stevens to do the roadside mowing.
SUBJECT: Fire Department
HIGHLIGHTS: Fire Chief Mike Paveglio asked if some corrections could be made to the minutes of June 28, 2005. The changes are as follows:
Chief Paveglio stated that the GMC K-1 tanker is not reliable enough for the fire department and asked if the road agent could use the truck. Mr. Kenneally stated that he would be able to use the tanker. Chief Paveglio cautioned him on the maintenance of the tanker, he said that in the winter it would be wise to keep the tanker full of water and environmentally safe antifreeze. Chief Paveglio stated that the expansion parts need to be cleaned pump packing need to be done annually.
Selectmen Colbert asked Chief Paveglio about the pick-up truck on loan to Chichester from Bow. He wanted to know if the Town purchased this vehicle would that mean the Town would have two forestry vehicles. Chief Paveglio answered in the affirmative (added) we have not purchased and yes we would like to have two. Selectmen Colbert asked Chief Paveglio what would be the difference between the two vehicles and Chief Paveglio said there would be no difference. Selectman Colbert asked Chief Paveglio when the last payment would be made on the big truck, the answer was 2008. Chief Paveglio stated that there would be a need to replace two engines Engine 2 in 2008 or 2009. He also stated that the fire department needs a tank truck that holds between 1,500 and 2,000 gallons of
water. Chief Paveglio stated that he would originally planned to use the impact fees to purchase the tank truck, (added) but will now use them for station expansion.
End of corrections to June 28, 2005 Minutes.
Chief Paveglio asked about the impact fees for turn out gear for the additional rescue personnel. Patty told him that in accordance with the Department of Revenue Administration (“DRA”) impact fees could not be used for turn out gear. Chairman DeBold asked Patty to contact DRA and speak to them about impact fees.
Chief Paveglio asked Patty if she could get the cost of replacement insurance for the rescue trucks. Patty will call Deb Lewis at the Local Government Center and get the information.
Selectman Colbert told Chief Paveglio that he had some concerns about the additional bay that may be included in the possible expansion of the Safety Building.
Mr. Kenneally asked the Board if they had made a decision regarding the GMC K-1 truck that the Fire Department offered to give the Road Department. No decision has been made. However, Selectman MacCleery would like more information regarding the cost of repairs before making a formal decision. Chief Paveglio stated that one of the volunteers could go with Mr. Kenneally and help him “blow out” the culverts and that he would be happy to work with the Road Department. Chief Paveglio stated he had to train Mr. Kenneally on how to use the truck.
Chief Paveglio stated that he would like the Town to establish an ordinance banning the use of Class C Fireworks. He said he has seen a lot of injury caused by these types of fireworks. He said it was a matter of public safety.
Chief Paveglio would like the public to know that on August 1, 2005 there will be a mutual aide drill on Blackman Road.
Chief Paveglio wanted the Board to recognize Sgt John Martel for helping to save a life. Chief Paveglio reported that an elderly lady had a heart attack at Dominic’s on Route 28. Gil Vien and the rescue squad responded. When Sgt Martel got to the scene Mr. Vien was performing CPR. Sgt Martel brought in the deflibulator and Mr. Vien was able to save this lady’s life. One police car has a portable defibulator that was donated by a church group and hopes that they will donate another defibulator for the other police car. Nice work Mr. Vien and Sgt Martel!
SUBJECT: Building Inspector
HIGHLIGHTS Mr. David Paveglio had done some research regarding “Hawkers and Peddlers License”. He received some information from surrounding towns and discovered that Pittsfield and Loudon have applications that must be filled out by the “hawkers/peddlers”. These ordinances follow the provisions under RSA 320:8.
Selectman Colbert asked Mr. Paveglio if Mr. Mullaney has added his name to the list for the building permits. Mr. Paveglio stated that he had not.
SUBJECT: General Business
HIGHLIGHTS: Only three fuel companies responded to requests for bids. They were Davis Fuel, Rymes Fuel and Fred Fuller Fuel. The successful bidder was Davis Fuel. Patty will send out letters to those who were not successful and to Davis Fuel to inform them that are the successful bidder. The bids were as follows:
¨ Davis Fuel: $1.899
¨ Fred Fuller: $1.799
¨ Rymes Heating: $2.249
Selectman MacCleery said that he wanted to know the feelings of the other Board members regarding Attorney Friedrich K Moeckel calling the Town Attorney, Matt Serge with questions regarding Mr. Mullaney’s proposed storage units. He thought that Mr. Moeckel should of contacted the Board of Adjustments. Chairman DeBold and Selectman Colbert thought the same thing.
Selectman Colbert stated that he was approached by a member of the Planning Board and was asked if the Planning Board and Selectmen could hold a work session regarding Canterbury Cove. Chairman DeBold said he would call the Town Attorney and ask him if there were any procedural issues or protocol to prevent this joint work session.
Patty told the Board that she met with the Historical Society and they related concerns they had regarding Thunder Bridge and the drop off. They feel that someone could fall down the embankment and get hurt. They think that a fence should be put up. They also would like Thunder Bridge to be inspected by the NH Transportation Department.
Chairman DeBold said he was approached by Ewen McKinnon and Ben Brown regarding work that is being done behind the school. They wanted to know if they could call Mr. David Kenneally and have him help with some ground work. The Selectmen were in agreement provided that it does not interfere with Mr. Kenneally’s road work. Chairman DeBold suggested that for next year’s budget Mr. Kenneally should have a line for when Mr. Kenneally does work for other Town Departments.
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 10:45pm.
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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