Chichester Board of Selectmen
SELECTMEN’S MINUTES
February 28, 2006
Present: Chairman DeBold, Selectman MacCleery, Selectman Colbert and Patty Wooster, Administrative Assistant. Chairman DeBold opened the meeting at 7:00PM.
Correction to February 21, 2006 Selectmen Minutes, page two, paragraph 2: “Mr. Weir told Chief Clarke that the money should come out of his budget twice”. Correction is “Mr. Weir told Chief Clarke that the money should NOT come out of his budget twice”.
SUBJECT: Police Department
HIGHLIGHTS: Police Chief Patrick Clarke introduced the new part-time police officer. Her name is Stacy Seluck, currently she is a correctional officer.
Chief Clarke presented the Board of Selectmen with his budget numbers in case the Town voted to not hire a full-time police officer.
Chief Clarke stated that when road work is being done, there aren’t any standards. If a lane or a road is going to be closed there is no advanced notice. Other towns have in place polices that must be followed by people who are doing road work. He stated that the town should make the decision if police coverage is required. He stated that if a road has a poor line of sight, it would be necessary for a police officer to be there to direct traffic. Selectman Colbert stated at TDS it is required that there are signs and cones placed in the road warning drivers of upcoming road work. He said the Town may want to be careful about creating a policy, because having such a policy would make the Town liable if an accident occurred.
Chief Clarke asked if the pawn shop was still coming to Town. Chairman DeBold stated it was. Chief Clarke stated that the Town needs some sort of ordinance or policy. He said if a stolen item is pawned and not recorded, and if another town calls about a stolen item, it would be hard to track the item. He said if the Town had some ordinance or policy, then the owner of the pawn shop would be required to keep a log that would identify the object pawned and a photo identification of the person who sold it. This log or copies of the log would be given to the Police Department. Patty offered to solicit other towns to see if anyone had an ordinance or policy in place regarding pawn shops.
Chief Clarke stated that he had received a telephone call from a citizen regarding illegally posted campaign signs. RSA 664:17 states where campaign signs can be located. Chairman DeBold stated that in accordance with RSA 664:17 the police must contact the person the campaign sign belongs to and they have 24 hours to remove the sign. It was suggested by Selectman Colbert that a letter be sent to Mr. Towmey stating that the Board of Selectmen will take his concerns under advisement.
Sgt. John Martell stated that he had received his W-2 form and realized that only $259.00 was taken out of his pay for federal taxes. He stated that this amount was not correct that it should be more. Selectman MacCleery asked Sgt. Martell if he had spoken to Erin the bookkeeper. Sgt Martell stated that he had, but found no sense in arguing. He respectfully requested that the Board of Selectmen look into this issue.
SUBJECT: Highway Department
HIGHLIGHTS: The Road Agent, Mr. David Kenneally reported that the issue of Mr. Topouzoglou not signing the construction easement was hopefully being taken care of. Mr. Topouzoglou has hired Mr. Brandon Giuda as his attorney to look into this matter for him. Mr. Kenneally is hopeful that after his meeting with Mr. Giuda, Mr. Topouzoglou will sign the easement so the Town can advertise for a contractor for the construction of the bridge on Webster Mills Road. Mr. Kenneally stated that Mr. Topouzoglou will be getting back his right of way better than it is now. Mr. Kenneally stated that he would be glad to give Mr. Topouzoglou a permit for a thirty (30) foot driveway. Mr. Kenneally stated that if Mr. Topouzoglou wanted a commercial property, he would have to take his land out of
current use.
Mr. Kenneally reported that the one-ton truck broke down again. He said it was towed in. He said this is the third time the truck has broken down with the same issue. Mr. Kenneally was told by service that he was using improper fuel. Mr. Kenneally stated that he was using C-tain fuel. He stated that he was told that C-tain that is less than 40% was junk fuel. He said he made many telephone calls and had spoken to the service manager and the salesperson who sold him the truck. The salesperson told Mr. Kenneally that the engine in the truck is 6.0 diesel International and the fuel he is using is not right for that engine. Mr. Kenneally reported that the fuel injectors keep gumming up and 4 of them were replaced as well as the fuel pump. This work was done under warranty. Selectman MacCleery advised Mr. Kenneally to try another dealership or to call Ford. Chief Clarke stated that all of the patrol cars are Ford cars. Perhaps Ford should be informed of the problems we are
having and tell them that the Town owns a lot of Ford vehicles.
Mr. Kenneally stated that he read in previous minutes that the Board of Selectmen was thinking about getting a used pick-up truck for Mr. Kenneally to use to run around Town in. Selectman MacCleery stated that he had made that statement and it was only a suggestion especially if Mr. Kenneally gets two more full-time employees. Mr. Kenneally stated that he could use the old police cruiser. Chief Clarke stated that as far as trade in value the car really did not have much value. Selectman MacCleery stated that it was something the Board could take under advisement.
Selectman MacCleery stated that he had received a telephone call from Mrs. Jane Stock regarding some plowing issues. He asked Mrs. Stock to put the issues into an e-mail and send it to the office. Selectman MacCleery asked Mrs. Stock if she had sent an e-mail to the office. She said she had not, however, she did send it to Selectman MacCleery. Selectman MacCleery gave the other Board members and Mr. Kenneally a few minutes to read Mrs. Stock’s e-mail.
In Mrs. Stock’s e-mail she informed Selectmen MacCleery of events that occurred on the evening of February 25, 2006, there was a snow storm that day/evening. She stated that she had company over for dinner and did not realize that the company had parked their vehicles in the Town’s Right of Way. She went on to say that “Evidently Mr. Bud Mayville had the town shed get ahold of the police to come up here to tell us to move the truck” In her e-mail she agreed it was a legitimate complaint and the truck was moved. She then went on to say that the next morning, Sunday, February 26, 2006 she went outside to measure in four different places as to how far Mr. Mayville had plowed past the tar. (As previously agreed, the Town can plow 15-18 inches beyond the
pavement). She stated in her e-mail that in the four places she measured, the measurements were 25”, 27” 32” and 37” off the pavement. Also, stated in her e-mail she said that every time it snows and the cops are going to go to her house then she will measure after every snow fall. She states: “I have had just about all the harassment I am going to take over this. The simple solution would have been for the road agent to change Mr. Mayvilles route, especially since there is a law suit going on at the present time, and that’s what this is all about”.
Mr. Kenneally stated in all fairness to Mr. Mayville, if he did plow over the 18 inch allotment then he or the police should be notified. He stated no one has notified him.
Selectman Colbert asked Mrs. Stock if she had looked outside to check if the cars were in the right of way. She said she did not, she said she was busy cooking and didn’t even think about looking outside. Mrs. Stock stated that she can not enjoy her home; she looked back at Mr. Mayville and Mr. Kenneally and said she wanted to be left alone. She stated that she is being harassed and wants it to stop; she said this all stems from this ridicules civil suit. She stated that she will sue the Town if the harassment did not stop. She said that she was embarrassed that the police came to her house and she said this whole thing is a pain in the a**. She said she is sick and wants to be left alone. Mrs. Stock stated that it was ridicules for the police to come to her house to ask her to
move her car(s), she stated that the police have better things to do.
Chairman DeBold stated that this problem will not be resolved this evening; he stated that the guidelines are not being followed. Selectman Colbert stated that we need a neutral party to measure, and the police would be the best neutral party. Chief Clarke stated that he was never asked or told to measure at the Stocks after a snow storm. Mrs. Stock stated that there was a simple solution to this problem, and that would be to remove Mr. Mayville from Lane Road. She stated that she knows that Mr. Kenneally plows Horse Corner Road and he could swing by and plow Lane Road. Selectman MacCleery stated that he had no problem with the route being changed. Mr. Kenneally stated that he would not do anything different than what Mr. Mayville was doing and there was no reason to change. He stated
that he wanted a neutral party to measure no matter who was plowing.
Selectman Colbert stated that there was an easy way to regulate this problem; that is to have the police take the measurements. He said that he does not expect Chief Clarke or any other police officer to leave an accident to measure the distance. Selectman MacCleery suggested to Chief Clarke that he advise the other police officers of this situation. Chairman DeBold stated that the point was made, the issue will be addressed, a neutral party will measure after a snow storm and we will try to make this work.
SUBJECT: Building Inspector
HIGHLIGHTS: The Building Inspector, Mr. David Paveglio reported that he received a telephone call from someone who rents a mobile home. He told the Board of Selectmen that he advised the person to put the issue in writing and send it to the Selectmen’s Office. Patty stated that she had received this letter and made a copy for Mr. Paveglio and Dr. Meehan, the Health Inspector. Patty stated that she spoke to Dr. Meehan regarding this issue and because there is a mold issue he will contact the renter. Mr. Paveglio will get in contact with the renter as well since there seems to be a structural issue as well. Mr. Paveglio stated that the Fire Department should be involved because he believes there are life/safety issues.
SUBJECT: Emergency Manager Director
HIGHLIGHTS: The Emergency Manager Director, Mr. John Martell said he was all set.
SUBJECT: General Business
HIGHLIGHTS: Before the Department Heads left, Selectman MacCleery made a statement regarding the removal of the dam on Marsh Pond. He believes the dam should be removed before mud season. He stated that Mr. Fred Shaw would need to be contacted for access of his property. Mr. Kenneally stated that the dam could not be removed by hand as there is no place to put the debris. He stated that it would take between 2 and 3 days to remove it with an excavator. Chairman DeBold stated that the material would have to be placed in uplands and can not be in jurisdictional wetlands. Mr. Kenneally stated that he would get prices on the cost of renting an excavator.
SUBJECT: Conservation Commission
HIGHLIGHTS: Mr. Robert Mann and Mr. Jeff Andrews met with the Board of Selectmen to discuss phase II of the surveying for prime wetlands. Mr. Mann stated that he would like to continue to finish the Town, but wanted to do it with the blessing of the Selectmen. He stated that he had gotten the support of the Planning Board. Mr. Mann stated that the method that was used on the Southern portion of Town is a standard method; it is used to simply identify the prime wetlands. He said if something was to be done with these prime wetlands it would have to be by Town vote.
Selectman Colbert stated that he had a brook running through his property and he has concerns about it. He said he will not permit the surveyors on his property, he stated that he does not want to be told what to do with his land.
Selectman MacCleery stated that the Town may protect the wetlands more than the State; currently, you can get a variance from the Board of Adjustment, but not if the land is designated prime wetlands. He stated that currently you can not fill in prime wetlands.
Mr. Andrews stated that all the data and aerial photographs have been done that the Southern part of Town will be less than $20,000.00. Mr. Mann stated that he will hold another informational hearing and send out post cards. Mr. Mann asked the Board of Selectmen where they stood with moving on to phase II. Chairman DeBold said he is in favor of the second phase to identify major wetlands in Chichester as a planning tool for the Planning Board but not necessarily for prime wetlands designation. Selectman Colbert said since $20,000.00 has already been paid, he was in favor of phase II, but does not want anyone on his property. Selectman MacCleery stated that he was not in favor of phase I and nor is he in favor of phase II.
SUBJECT: General Business
HIGHLIGHTS: Walter Sanborn met with the Board of Selectmen. He is concerned about tractor trailer trucks using Main Street. He said there is not enough room on Main Street, he stated that he watches them come around the curve and they are always over the yellow line. Chairman DeBold stated that he had been in touch with District 5 and they advised him to send a letter. Chairman DeBold asked Chief Clarke if there were any accidents on Main Street involving tractor trailers. Chief Clarke said there were not.
Ms. Andrea Deachman of the Trustee of Trust Fund asked the Board of Selectmen if she could have a one month extension on filing the MS 9 and MS 10 forms. The Selectmen agreed to an extension of one month. She stated that Charlie was working out well and she wanted to show him the correct way to file these forms.
Ms. Deachman stated that she felt that Mr. Giuda over stepped his bounds when requesting advertisement for the informational meeting for the proposed ordinance. She stated that once the Planning Board has accepted the proposals, it was no longer in the hands of the sub-committee.
HIGHLIGHTS: A person who was denied welfare assistance met with the Selectmen. Also in attendance was Welfare Director, Ms. Donna Stockman. A letter was sent by the person who was denied asking for Ms. Stockman’s resignation and that they be allowed an appeal. Chairman DeBold stated that the Board of Selectmen has already heard from the denied person and now the Board of Selectmen wish to hear Ms. Stockman’s side.
Ms. Stockman told the Board of Selectmen that this person has been sent two denial letters, one November 1, 2005 and the second on February 6, 2006. This person stated that they did not receive the first denial letter. Ms. Stockman feels that this person has not been honest with her. She stated that she had contacted Medicare and this person qualifies for the prescription plan. Ms. Stockman stated that the recipient would have to pay $500.00 a month to receive their medications. Ms. Stockman stated that if the recipient paid that a month, it would free up funds for them up to pay the rent. Ms. Stockman told the Board that this person had been running a tab at the pharmacy and currently owes $3,000.00 in medication for two months. The recipient told Ms. Stockman and the Board that
he will not be taking all of those medications and he could not afford to pay the $500.00 per month to be on the prescription plan. Ms. Stockman stated that she kept this case pending, but still did not get the information she requested therefore, denying them again. Ms. Stockman said she does not dispute the fact that this person is totally disabled. Also, this person is getting federal funds. The Town is not here to pick up the slack; the Town is responsible for emergency situations.
The recipient stated that their landlord qualifies for Section 8, but can not get that status until their rent is up to date. Currently, they owe to the landlord $2,900.00. Ms. Stockman stated that the Town paid for their security deposit and $50. 00 towards the rent. She stated that their rent costs 2/3rd of their monthly income. Selectman MacCleery stated that perhaps the landlord dragged their feet in getting Section 8 status. Chief Clarke stated that the landlord has not been spoken to and we can not assume the landlord has dragged their feet.
Ms. Stockman stated that the recipient should have a fair hearing she is standing by her decision. Selectman Colbert stated that the Town has shown good faith and that he is not an expert regarding welfare and he is taking Ms. Stockman’s advice. Chairman DeBold stated that a fair hearing board should hear the case. He stated that he is not willing to over-step Ms. Stockman decision. The recipient stated that they would retract the statements they made about Ms. Stockman.
Ms. Stockman stated that she has another case that she denied and maybe requesting a fair hearing. She stated that the denial letter was hand delivered to this person.
The Board of Selectmen discussed Mr. Twomey’s complaint about illegally placed campaign signs. The Selectmen will send him a letter telling him they will look into this matter and take it under advisement.
Patty advised the Board of Selectmen that a person from Hillcrest Campground had tried to register their car. The Town Clerk denied this person because Hillcrest Campground is not a year round facility.
Patty advised the Board of Selectmen that she spoke with the Internal Revenue Service (“IRS”) regarding getting back the Social Security money that was over-paid by the Town and a police officer. She was advised to submit a 941C form with the next payment to the IRS.
Chairman DeBold stated that he would like the Board to prepare for Town Meeting.
The Board signed payroll and accounts payable.
Legal correspondence, mail and e-mail were reviewed.
The Minutes from February 21st, 2006 were reviewed and approved.
Being no further business, Chairman DeBold adjourned the meeting at 12:00AM.
Respectfully submitted,
Patty Wooster
Administrative Assistant
_______________________________
Chairman Richard DeBold
_______________________________
Stephen MacCleery
_______________________________
David Colbert
| 
