Chichester Board of Selectmen
SELECTMEN’S MINUTES
April 11, 2006
Present: Chairman MacCleery, Selectman Colbert, Selectman DeBold and Patty Wooster, Administrative Assistant. Chairman MacCleery opened the meeting at 7:00PM.
CORRECTION TO APRIL 4, 2006 SELECTMEN’S MINUTES: Patty Wooster misinterrupted what Fire Chief Mike Paveglio stated about Kosmo’s Pizza. On page 3 paragraph 3 Patty wrote: “Also, he said there appears to be someone living above the pizza parlor, which is a violation. According to Ms. Andrea Deachman of the Planning Board on July 1, 2004 the Planning Board approved at the Public Hearing the restaurant and apartment. Fire Chief Paveglio meant that there could be a life safety issue that there may not be a second egress.
SUBJECT: Mr. Bernd Reinhardt
HIGHLIGHTS: Mr. Reinhardt met with the Board of Selectmen to discuss replacement of the trim work around the new front door. He advised the Board of Selectmen that the “plastic wood” only comes in 18 foot lengths and he would need to purchase two and he stated that the cost would be $120.00 not including labor. He stated that he checked the pricing for wood and found that the cost was $22.50, plus the cost of primer and paint and labor. Chairman MacCleery asked Mr. Reinhardt where he priced the material and Mr. Reinhardt stated that he went to AB Lumber in Pembroke. Chairman MacCleery stated that the 2 x 4’s behind the trim were rotted but they were dry. He stated that using the “plastic wood” would be better. He asked the other Board Members their
opinion and they agreed that using the “plastic wood” would be better. Mr. Reinhardt stated that he would place a sealant on the bottom of the door and install flashing to cover the exposed wood on the bottom of the door frame.
Mr. Reinhardt asked if he could go ahead with repairing the Depot Bridge Abutment. He said that Mr. Blackman has volunteered his time to help with removal and replacement of the stone. The Board of Selectmen stated that he could begin with repair.
SUBJECT: Mr. Richard Steed
HIGHLIGHTS: Mr. Steed met with the Board of Selectmen to discuss a complaint he has regarding Police Chief Patrick Clarke. He stated that Chief Clarke is not doing the investigative work regarding the alleged theft of a check in the amount of $10,000.00. Apparently, Mr. Steed gave a gentleman a check in the amount of $10,000.00 and as collateral he held a registration of a car. The gentlemen he loaned the money to was going to do some roof repairs. When the gentlemen gave Mr. Steed a check for the $10,000.00, the check bounced.
Also, Mr. Steed stated that a Town employee has given him a bounced check in the amount of $300.00.
Selectman Colbert stated that he did not know why Chief Clarke did not come to the meeting. Patty stated the Chief Clarke told her he had a previous engagement and could not be here. Selectman Colbert stated that the Board of Selectmen had heard Chief Clarke’s side of the story. Selectman Colbert stated that this was a civil matter. Mr. Steed did not agree, he stated that when you bounce a check it is a felony.
Chairman MacCleery asked if the bounced check came from the Town of Chichester or did it come from the individual. Mr. Steed stated the bounced check came from the individual. He said this person was making payments and still owed him about $25.00 to $30.00 and wanted Chief Clarke to arrest that person.
Selectman DeBold asked Mr. Steed if he had reported the bounced checks. Mr. Steed stated that he had, but Chief Clarke did not do anything about it. Chief Clarke finally sent Patrolman Scott Corbett and Mr. Corbett had been helpful.
Chairman MacCleery asked Mr. Steed if he had followed the procedure that Chief Clarke told him he had to follow. Chairman MacCleery stated that Chief Clarke advised Mr. Steed that he had to send a certified letter to the person who bounced the check, because Chief Clarke could not respond until the person had been notified in writing that his check had bounced. Mr. Steed stated that he had and Mr. Corbett was in possession of the return receipt. Selectman DeBold stated that he was fairly certain that Mr. Corbett was looking into this matter and that it was under investigation.
Mr. Steed stated that they (police) could have found out where the money is. He stated that this person who bounced the check was a con man from way back. He stated that the Police Chief did not look up his criminal record. Selectman Colbert asked Mr. Steed if he had done a background check. He stated that there are procedures that the police need to follow.
Selectman DeBold asked when was this information given to the police, it was January, he said that Mr. Steed needed to give the police a chance to do the investigative work that these things have procedures and they need to be followed. Mr. Steed stated that he had gone through the procedure and that there was no investigation until Mr. Corbett came to his house.
Chairman MacCleery stated that the police need to follow procedure, that the police are doing the investigation. He stated that he will speak with Chief Clarke and get back to Mr. Steed. Mr. Steed stated that the police could have had a judge open the bank account to see that the money was in an account. He stated that all the evidence was in the room at his house. He said he found his camera that was stolen from him and some jewelry that was stolen from a woman in Pittsfield. He stated that he was not satisfied and was going to go to the Attorney General’s Office and Concord Monitor.
SUBJECT: Mr. Walt Sanborn and Mr. John Lukmil
HIGHLIGHTS: Mr. Sanborn met with the Board of Selectmen about some concerns that he had regarding the clean-up of the upstairs grange hall. He said that Mr. John West and the Old Home Day Committee were cleaning out behind the stage and had taken down the “doors” that slide open and turn so the audience would not see what is going on behind the scenes. He stated that he is very concerned about the curtains that are hanging up. He said the curtains are hand painted and are very old. He said he does not want anything to happen to them. Mr. Lukmil stated that he had found a bunch of papers that looked like junk and he found a cooler and table and some doors with the frame attached and also some fencing. He stated he had thrown out the papers and notified the
Historical Society to see if there was anything they thought should be kept or what should be thrown out. He said something should be done with the curtains, that they do have some damage and should possibly be taken down and kept at the Historical Society. Mr. Sanborn stated that a woman from Vermont was going to come to look at the curtain and advise as to the repair and who she recommends to restore the curtains. Mr. Reinhardt stated that the Historical Society could take down two of the curtains and keep them at the Historical Society.
Mr. Lukmil stated that the frame of the center curtain hangs on, is cracked and could break and injury someone. He stated that should come down or be repaired right a way. Also, the stage floor has cracks in it and he was thinking about putting a floating floor over the stage floor. Mr. Sanborn wanted to know why the side “doors” had been taken down. Mr. Lukmil stated that they were taken down so the floor could be swept.
Chairman MacCleery stated that nothing was going to get resolved this evening and suggested that the Historical Society, Old Home Day, Grange Members and a Selectman meet to discuss this. It was decided that on Thursday evening, April 20th at 6:30 the parties would meet.
Selectman DeBold asked Mr. Lukmil if it was true that Old Home Day was going to have carnival rides on the upper fields at Carpenter Memorial Park. Mr. Lukmil stated that there will be carnival rides, but they will not be on the upper fields or any other fields. He stated that the only things that will be on the fields will be parade stuff. Mr. Lukmil stated that this year’s theme was “Carnival Days”.
SUBJECT: Conservation Commission-Mr. Bob Mann and Mr. Jeff Andrews
HIGHLIGHTS: Messrs. Mann and Andrews met with the Board of Selectmen regarding the survey of Carpenter Memorial Park. Mr. Mann recapped what had previously taken place between the Conservation Commission and the Board of Selectmen.
Prior to the Town Meeting, Selectman DeBold as Chairman of the Parks and Recreation Committee approached the Conservation Commission asking them for a contribution to have Carpenter Memorial Park surveyed. The Conservation Commission had met and voted to decline contributing monies to the survey. Selectmen DeBold and Colbert met with the Conservation Commission with documentation stating that money the Conservation Commission collects can be used for purchase of property, survey of property that is purchased, or donated….. After another vote by the Conservation Commission, it was decided that the Commission would contribute $5,000.00. With their contribution, the contribution of $5,000.00 from the Parks and Recreation Committee the remainder of the money ($5,000.00) will be raised
through taxation. This breakdown was written in a Warrant Article, Warrant Article # 13. At the Town Meeting the residents were not in favor of using tax dollars to do the survey. Someone suggested an amendment to the Warrant Article so tax monies would not be used and that each entity would contribute $7,500.00. That amendment passed.
Mr. Mann stated that the Conservation Commission has not voted to pay the additional $2,500.00. Mr. Mann wanted to have a better understanding of the Conservation Commission’s role in this survey. Selectman DeBold asked Mr. Mann does the $2,500.00 increase change anything. Mr. Mann wanted to know how much authority does the Conservation Commission have regarding Carpenter Memorial Park. Selectman Colbert stated that when fill was to be removed from Carpenter Memorial Park, the Board of Selectmen sought the permission of the Conservation Commission. Selectman DeBold stated that the Board of Selectmen feels the Conservation Commission should be involved. Chairman MacCleery stated that when there are changes to Town owned land, the Conservation Commission should be
involved.
Mr. Mann asked about Conservation Components. Selectman DeBold asked him what Conservation Components? Mr. Mann replied wetlands and steeplands. Selectman DeBold mentioned that the Town needs public use and Mr. Andrews stated the Conservation Commission would like that. Selectman DeBold stated that there should be access to the river and that could be turned over to the Conservation Commission. Mr. Mann stated that after the boundary lines are set, then the Conservation Commission should sit down with the Board of Selectmen and receive guidance on the expenditure of the money.
Chairman MacCleery stated that the people at Town Meeting wanted this survey, the Townspeople made the change so that the money does not come from the taxpayer. Selectman Colbert stated that it was wonderful that the Conservation Commission is involved in this project.
Selectman DeBold stated that he would draft a letter stating the common mind of both the Board of Selectmen and the Conservation Commission.
SUBJECT: Fire Chief Mike Paveglio
HIGHLIGHTS: Fire Chief Mike Paveglio met with the Board of Selectmen regarding his draft of a Fireworks Ordinance, complaints from the neighbor and a claim. Chief Paveglio stated that he had drafted a Fireworks Ordinance, the ordinance will contain a permit to sell fireworks and the permit must come from the fire chief, the police chief and building inspector; also contained in the permit will be when fireworks can be displayed; residents will have to get a permit to light fireworks; and a time component with respect to the time of day and the weather conditions. If someone is given a permit and the weather conditions change then the fire chief will be authorized to revoke the permit.
Selectman DeBold stated that at first he thought having an ordinance was a good idea until he spoke to the Town Attorney, who was not entirely receptive to the idea. Selectman DeBold stated that he thought the Town was covered under State Statute and wanted to know does the Town assume liability if there was an ordinance? Police Chief Patrick Clarke stated that the guidelines in the ordinance will follow State Statute. He said that life safety issues governs consumer use of fireworks. Chief Paveglio stated that he had spoken to the Fire Marshal who told him that the ordinance would be posted in the store that sells the fireworks and a sign stating that Chichester Residents need to obtain a permit 5 days before the fireworks can be set off. Chief Paveglio stated that the permits can be
recorded.
Regarding an issue of personnel, Patty stated that the Fire Department has incurred some legal fees. Patty wanted to know who should pay the bill. Since the fire department is a town entity and since the issue involved an employee then the Selectmen’s Office will pay for the legal fees. Also, regarding this same issue, Chief Paveglio would like to meet with the Town Attorney. The Board of Selectmen stated that it would be ok for him to meet with the Town Attorney.
Selectman DeBold stated that he received a telephone call from the Safety Station’s neighbor regarding the placement of the new sign. She stated that where the new sign is going to be placed, it will block her view. Selectman DeBold asked Chief Paveglio if the sign was going there because of a visual impairment. Chief Paveglio shook his head yes.
Chief Paveglio reported that he had reached a compromise with the owner of Hillcrest Campground regarding campfires. Also, he advised the Board of Selectmen that he will not be burning the Shaw property until he speaks to the abutter, Dr. Ed Meehan regarding the property line. Chairman MacCleery stated that the property line is the fence.
SUBJECT: Police Chief Patrick Clarke
HIGHLIGHTS: Chairman MacCleery stated that Mr. Steed had met with the Board of Selectmen this evening and wanted to get Chief Clarke’s side of the story. Chief Clarke explained to the Board of Selectmen that he twice told Mr. Steed that he had to send a certified letter to the person whose check bounced and Patrolman Corbett also told Mr. Steed he needed to send a letter. He stated that when Mr. Steed sent the letter and got the return receipt, Chief Clarke sent Patrolman Corbett to pick up a copy of the receipt. Then Chief Clarke proceeded with the issuance of an arrest warrant. He said since the person was already incarcerated he could not serve him with the arrest warrant, that the warrant could only be served by the Sheriff’s Department or the Concord Police.
Regarding the other bounced check that was issued by a town employee, Chief Clarke stated that once an agreement between the parties was met, it becomes a civil matter and there is nothing he can do.
SUBJECT: Kevin Gagne-NH Trail Dawgs
HIGHLIGHTS: Mr. Gagne stated that he has met with the Conservation Commission and there were no issues, he came to the Board of Selectmen regarding renew of his permit. He stated that he would like to take over the trail that is behind the Safety Building. He said he spoke to the Department of Resources and Economic Development about maintaining the snow mobile trail. He said he would like to build a bridge over the brook and the use would only be for snowmobiles. He said he needs an answer right away because he would like to apply for a grant to maintain that trail and build the bridge. The Board of Selectmen said they had no problem with the NH Trail Dawgs building the bridge and maintaining the trail. Chief Clarke and Chief Paveglio were in
agreement.
SUBJECT: General Business
HIGHLIGHTS: Selectman Colbert stated that it was brought to his attention there a hole in the roof of the Town Hall Building. He said that he did not mind making some temporary repairs.
Chairman MacCleery stated that he received a telephone call from Mrs. Ann Fournier regarding her trailer and subdivision. She informed Chairman MacCleery that she was not going to go to the Board of Adjustment to ask for an area variance and she said she did not want to subdivide her property. He said he told Mrs. Fournier that the Board of Selectmen can not circumvent zoning that you need to follow the proper channels. Selectman Colbert said that if after Thursday, May 4, 2006 she is not on the Planning Board agenda, then the Town will have no other option but to proceed with court action. He said that the Town has shown good faith.
After further review of the April 11, 2006 Board of Selectmen’s Minutes the Board has decided to further investigate the comment made by Chief Paveglio regarding the apartment that is over Kosmos Pizza.
The Board of Selectmen briefly discussed the hiring of Highway Department personnel, the Selectmen will be a part of the interview process.
A Motion was made by Selectman Colbert to appoint Richard Arell as a Planning Board Alternate. Chairman MacCleery seconded the Motion. A vote was taken and all were in favor.
A Motion was made by Selectman Colbert to appoint Fuat Ari as a member of the Parks and Recreation Committee. Selectman DeBold seconded the Motion. A vote was taken and all were in favor.
Chairman MacCleery discussed the issue of putting up a gate at the school. He said he would much prefer to see a no parking sign. He said the first time the Police could warn people about parking there and then after the warning, ticket the people who violate the no parking.
Patty told the Board of Selectmen that she had received some information regarding the interest rate for the accounts with the Trustee of Trust Funds. She said that at TD Banknorth they are getting 2.16% interest and at Citizens Bank they could be getting 4.45%. She also told the Board of Selectmen that Citizen Bank will also provide a detailed end-of-the-month statement and MS-9 report.
Selectman DeBold made a Motion that in light of the information that was provided by the Administrative Assistant, Patty Wooster, regarding the interest rate for Trustee of Trust Funds, the Board of Selectmen strongly recommends that the Trustee of Trust Funds consider moving all the Trust Funds to Citizen Bank providing at least twice the interest rate. The Motion was seconded by Selectman Colbert. A vote was taken and all were in favor.
Discussed was the letter that submitted to the Board of Selectmen by the Building Inspector, Mr. David Paveglio regarding a temporary trailer for testing MTBE in gasoline at the Mobile Station on Route 4. Mr. Paveglio wanted to know if the company had to go through site review. The Board of Selectmen stated that they did not need a site review that Mr. Paveglio could issue a permit. Chairman MacCleery made a Motion to allow ENPRO Services a temporary testing trailer as requested. As in response to the Building Inspector’s opinion that the trailer is only temporary use and they do not need a site review plan. Selectman DeBold seconded the Motion. A vote was taken and all were in favor.
Briefly discussed was the raise for the Planning Board Secretary, Andrea Deachman. Apparently, Ms. Deachman did not receive a raise last year. The Board of Selectmen asked Patty to pay Ms. Deachman retro-active her raise from last year.
The Board signed payroll and accounts payable.
Legal correspondence, mail and e-mail were reviewed.
Minutes from April 11, 2006 were reviewed and approved
Being no further business, Chairman MacCleery adjourned the meeting at 11:00PM.
Respectfully submitted,
Patty Wooster
Administrative Assistant
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Chairman Stephen MacCleery David Colbert Richard DeBold
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David Colbert
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Richard DeBold
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