Chichester Board of Selectmen
SELECTMEN’S MINUTES
January 3, 2006
Present: Chairman DeBold, Selectman MacCleery, Selectman Colbert and Patty Wooster, Administrative Assistant. Chairman DeBold opened the meeting at 7:00PM.
SUBJECT: Road Agent-Mr. David Kenneally
HIGHLIGHTS: Mr. Kenneally spoke to the Selectmen regarding some plowing issues on Lane Road. Selectman MacCleery stated that he had received a call from Mrs. Stock on Sunday Morning. Mrs. Stock reported to Selectman MacCleery that Mr. Buddy Mayville, who at the time was plowing Lane Road; had allegedly nicked Mr. Brent Moses’ truck with the plow wing. Selectman MacCleery stated that Mrs. Stock told him that Mr. Mayville lifted the wing, backed-up and proceeded down the road. Chairman DeBold stated that he had received the same telephone call and told Mrs. Stock that she could come in to meet with the Selectmen on Tuesday evening, but it would have to be at 9PM. He asked Mr. Kenneally if he could come then. Mr. Kenneally stated that he would rather speak to the
Selectmen now. Chairman DeBold asked the Budget Committee if they minded if Mr. Kenneally spoke to the Board of Selectmen. The Budget Committee was fine with Mr. Kenneally speaking to the Board.
Chairman Colbert stated that this issue has nothing to do with Stocks. This problem is between Mr. Brent Moses and Mr. Buddy Mayville. Mr. Kenneally stated that if Buddy hit Mr. Moses’ truck than the responsibility is Buddy’s and not the Town’s. Mr. Kenneally said that Buddy was stuck and needed his assistance, and he passed the Stocks residence. Mr. Kenneally stated that he noticed there was a vehicle parked in the roadway in front of the Stocks and called the police to have them contact the Stocks to have the vehicle moved. He said that is the standard way to do things. He said he will not go and knock on someone’s door and ask them to move their vehicle. Mr. Kenneally stated that New Year’s Eve there was about eight cars in front of the
Stocks’ house and he plowed around the cars and in the morning went back to clean up the road.
Mr. Kenneally stated that Lane Road is not being plowed any differently than it has been plowed in the past. Mr. Kenneally stated that when cars are left in the Town’s Right of Way, it causes more snow to pile up on the cars. He stated if you have to go around the car the plow and wing throws the snow about eight feet. Mr. Kenneally stated that there was never a problem on Lane Road until now. He stated that the Town is not going to get in the middle of Stocks and Mayville’s civil issue. Mr. Kenneally stated that it was suggested he take Mr. Mayville off that route and place him elsewhere. Mr. Kenneally said that was not that easy to do. He said that for the last three years each driver has had the same route. He said the drivers know the location of rocks,
telephone poles, trees, etc. He said he if switched the routes then everyone would have to be retrained.
Chairman DeBold stated that he took a ride over to Lane Road on Sunday and met with the Stocks. He also visited with Mr. Brent Moses. Chairman DeBold stated that it appeared to him that that the plow had been 4”-6” off the pavement. He stated that he saw some paint chips in the road. Mr. Kenneally stated that the plow should be 15 to 18 inches off the pavement. Selectman Colbert suggested that the Right of Way be marked out and a stake put in the ground to eliminate confusion.
Mr. Mayville stated that he did not know that he hit the truck. He stated people started running out and if they think that Mr. Mayville hit the truck and took off, then it was matter for the police. Selectman Colbert stated that if Mr. Moses does not call the police or make a complaint to Mr. Mayville then this is a moot point and there is no issue. Chairman DeBold mentioned that Mr. Moses did not believe there was any damage to his plow. Selectman Colbert stated that maybe there is some confusion as to where the Town’s Right of Way is. Chairman DeBold asked Mr. Kenneally if he thought the Town had a right to throw snow and slush onto a owners’ house as that could be the case at this location if the Town plowed the whole Right of Way. Mr. Kenneally said yes, he asked where
else would the snow and slush go.
Mr. Kenneally and Mr. Mayville thanked the Board of Selectmen for their time.
SUBJECT: Budget Committee
HIGHLIGHTS: The Budget Committee elected a chairman. The Chairman of the Budget Committee is Mr. Bruce Dyke.
The first budget that was looked at was the Police Budget. Mr. Dyke stated that he had several issues with the police department wanting another full-time police officer. He said that he thinks the police department should ease into having full coverage. He stated that perhaps part-timers can be used to cover the later shifts. A vote was taken to see if the Budget Committee and the Board of Selectmen felt there was a need for another full-time police officer. The majority voted in the affirmative. It was decided that Police Chief Patrick Clarke would be asked to draw up a warrant article for another full-time police officer; and he will be asked to back out the costs in his operating budget associated with a full-time officer. i.e. salary, medical insurance, fuel.
The next budget that was reviewed was the Highway Department. Mr. Jason Weir asked how does the Town measure what has been accomplished by the Highway Department. Selectman Colbert stated that the Town could ask the Road Agent to submit reports bi-weekly or monthly.
There were many concerns about the Highway Department’s line item contracted services. In that line (4312-40) Mr. Kenneally had broken out costs for equipment rental; overtime and materials. The Budget Committee questioned why overtime was included in this line item, when in the payroll line (4311-10) he had included overtime. The Budget Committee and the Board of Selectmen want Mr. Kenneally to breakout the payroll line (4311-10); want a written explanation for lines (4312-62) Trucking and Plowing; (4312-63) Materials and Sand; (4312-44) Asphalt; and why there is a significant reduction in (4312-45) Equipment Rental. These explanations and breakdowns are due in the Selectmen’s Office no later than January 17, 2006.
SUBJECT: Mr. & Mrs. Gary Stock
HIGHLIGHTS: Mr. & Mrs. Stock met with the Board of Selectmen regarding issues plowing on Lane Road particularly in front of the Stock’s property. Mrs. Stock stated that she had the opportunity to talk with the Road Agent, Mr. David Kenneally regarding this issue. Mr. & Mrs. Stock have accused Mr. Buddy Mayville, (who is contracted by the Town to help with plowing and sanding the streets), of plowing on their property and hitting a parked vehicle that was in front of their house. Selectman Colbert stated that this issue does not involve the Town, that it is a personal issue between the Stocks and the Mayvilles. He recommended that the Town measure from the center line to the Town’s Right of Way and mark the end. Mrs. Stock stated that she has not had a problem
in six years living in Chichester and now that Mr. Mayville has filed a complaint in the Superior Court against them for another issue. She stated that they park their cars as close to the barn as they can. Mrs. Stock asked if Mr. Mayville had the right to “hit and run” Mr. Moses’ vehicle. She stated that Mr. Moses should file a complaint against Mr. Mayville; she stated that Mr. Moses did not want to get in the middle of this issue, and is not going to file a complaint against Mr. Mayville. Chairman DeBold stated that he had spoken to Mr. Moses and Mr. Moses said he does not want to get involved because he did not believe there was any damage to his plow. Mrs. Stock feels that Mr. Mayville is using his position in the Town to retaliate against them.
Selectman MacCleery stated that he thought it was a little strange that there is a plowing problem now, that Mr. Mayville has plowed Lane Road for three years. Selectman Colbert stated that it is not unreasonable to plow 15” to 18” off the paved surface. Selectman Colbert stated that this distance, 15-18” should be used as the benchmark. Mrs. Stock stated that Mr. Mayville should not be allowed to plow Lane Road. Selectman Colbert stated that all the drivers have had the same route for three years and they know the roads and to change the routes now would cause all the drivers to learn the roads all over again.
Selectman Colbert stated that he thinks the best solution is to mark the road. Mrs. Stock stated that should not have to run out and measure how far the plow came off the pavement. She stated that she came to the Selectmen for help and she is not getting it. She stated that things are not going to get any better. Selectman Colbert stated that he is not 100% convinced the Road Agent needs to change the entire route.
SUBJECT: General Business
HIGHLIGHTS: Sgt. John Martell stated that the alleged accident between Mr. Mayville and Mr. Moses was not a reportable accident. He stated that going by what he heard this evening from the Stocks and Mr. Mayville, the damage seemed minimal. Chairman DeBold suggested that since Mr. Kenneally plows Horse Corner Road he could easily plow Lane Road. The Selectmen had decided to send Mr. Kenneally a memo stating that the plowing of snow off of Lane Road will be no further than a distance of 15” to 18” as measured from the edge of the asphalt pavement.
Patty was asked to call the Secretary of State to see if Live and Let Live Farm is registered as a non-profit entity. The ownes have not responded to the Selectmen’s letter that was sent November 22, 2005 whereas stating that Live and Let Live Farm may be in violation of the Town’s current zoning. A second letter needs to be sent to them regarding meeting with Planning Board.
A letter that was sent to the owner of Hillcrest Campground on December 13, 2005 has not been answered. Patty was asked to review RSA:216-I:1 VII. Patty was asked to contact the Department of Environmental Services and ask their advice.
The Board signed payroll and accounts payable.
Legal correspondence, mail and e-mail were reviewed.
The Minutes from December 27, 2005 were reviewed and approved.
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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