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Selectmen Minutes 06/13/2006
Chichester Board of Selectmen
SELECTMEN’S MINUTES  
June 13, 2006

Present:  Chairman MacCleery, Selectman Colbert, Selectman DeBold and Patty Wooster, Administrative Assistant.  Chairman MacCleery opened the meeting at 7:00PM.

SUBJECT: Building Inspector

HIGHLIGHTS:  The Building Inspector, Mr. David Paveglio, reported to the Board of Selectmen that he was out at Malachy Glen II and noticed that the guardrail is not installed, and there is a street sign with the wrong name.  He said that he knows there is a family living in one of the houses.  He stated three houses have been numbered.  He also stated that he had spoken with Mr. Joe Spain, who is not happy that he can not obtain occupancy permits until the guardrail is installed and street signs are in place.  The Board of Selectmen had decided to send another letter to Mr. Mullaney advising him that these issues need to be corrected immediately.

SUBJECT: Fire Department

HIGHLIGHTS:  Fire Chief Mike Paveglio asked Patty if she had received an accident report.  She stated that she had.  Chairman MacCleery asked Chief Paveglio if the Town uses a “spotter” when the fire trucks or ambulance is backing up.  Chief Paveglio stated that it is the policy of the Town to have someone directing the driver.  He stated that it is a NFP requirement.

Selectmen Colbert and DeBold apologized for not being at the drill.  Chairman MacCleery was at the drill and observed.  Chief Paveglio stated that the fire department really “smoked” the building. He said that they needed more rescue personnel in the building and said that the drill was a good learning experience.

Chief Paveglio stated that he had received his 40 portable radios from the grant he received and was having them programmed.  He said that he was in the process of listing all serial numbers and pictures of high cost items to send to the insurance company. He stated that next week he and Police Chief Clarke will be out of Town next week, June 22nd, 23rd, 24th and 25th.  Chief Paveglio also stated that he will be on vacation the first week of July.

SUBJECT:  Police Department

HIGHLIGHTS:  Police Chief Patrick Clarke reported that the Town of Chichester’s police will be working with Pittsfield and Epsom Police Department and the Sheriff’s Department and will be saturating Route 4, 28, Main Street, Horse Corner and Bear Hill, the police will be on the look out for speeders.

Chief Clarke stated that there is coverage 24 hours a day 7 days a week.  Two days during the week will have 24 hours on call duty.

Chairman MacCleery told Chief Clarke that he has spoken to the School Principal, Pam Stiles regarding some parking issues at the school during events. He asked Chief Clarke if he could patrol the area and issue warnings to those who are illegally parked.  Chief Clarke stated that the gate has been installed at the school and the gate is kept closed during events and he will put warnings on vehicles that are illegally parked.  

Chief Clarke had mentioned the parking issue at Carpenter Park.  He said people are parking 6-10 cars wide behind the snack shack.  Selectman DeBold stated that the Parks and Recreation Committee will be meeting on June 14, 2006 and are planning on discussing this issue with the Chichester Youth Association.  Selectman DeBold stated he hopes that the Chichester Youth Association will purchase “no parking signs”

Chief Clarke advised that Board of Selectmen that he, Carolee Davison, Tim Greene of Plodzik & Sanderson and Patty met to discuss the Police Special Detail account.  He is satisfied with the outcome of the meeting. He stated that he will submit quarterly reports to Carolee to get reimbursed for the special details.

SUBJECT: Chichester Congressional Church

HIGHLIGHTS:  Mr. Paul Taylor and Mr. Jim Ripley were in attendance.  They met with the Board of Selectmen to answer any questions regarding the driveway that is proposed to come off the “throughway” next to the library.  Chairman MacCleery stated there was some question regarding whether that “throughway” was an actual road.  Chairman MacCleery stated that he had done some research and asked the unofficial town historian, Mr. Walter Sanborn.  Mr. Sanborn told Chairman MacCleery the “throughway” is an actual road and has been since the 1700’s.  He said the “throughway” was part of Main Street and went behind the library.  Mr. Sanborn then referred Chairman MacCleery to the maps that are hanging in the Selectmen’s Conference Room.  Evidence does show on the map that it clearly is a road. Chairman MacCleery also used Hard Road To Travel as another reference.  In the book it stated that in 1968 it depended on how you opened and closed roads.  If there is 20 year documentation that a “throughway” has been used as a road, then it is considered at road.  Selectman DeBold stated that there is no doubt that the “throughway” is a public Class V road; the Town of Chichester has maintained the “throughway” as a road.

Mr. Taylor stated that the Planning Committee has tried to keep everyone in the know, as to what is going on with the expansion of the Church.  Selectman DeBold asked if the library parking area was an easy access.  He asked if the parsonage driveway was a good access.  Mr. Ripley stated that the State of New Hampshire has been involved in this project since Main Street is a State road.  He was advised that the parsonage driveway was not a good access as it is too close to Main Street and they are afraid of confusion and funneling of traffic.  Mr. Taylor stated that he will be in touch with the Road Agent.

SUBJECT: Mr. Doug Hall, Mrs. Barbara Frangione, and Mrs. Evelyn Pike

HIGHLIGHTS:  Mr. Doug Hall asked to meet with the Board of Selectmen regarding some concerns he has regarding the Supervisors of the Checklist and voting issues.  He had asked for a closed meeting, based on RSA 91-A:3II (a) issues dealing with employees.  Mrs. Frangione objected to the closed session.  Mr. Hall was fine with leaving the meeting open.  

Mr. Hall stated that he was concerned about the situation that happened at the last election and he stated that he does not want a repeat of that incident.  He said that he does not have any concerns with Mrs. Frangione, he is concerned about what if something happens to Mrs. Frangione and she can not be at the election.  He is concerned that Mrs. Becker or Mrs. Waters will not be able to handle any situations that come up.

Selectman DeBold asked what is the difference between the cards, list and the electronic version?  Which one rules?  How do we make sure that the manual sheets are complete?  What happens if the lap top goes down?  Mrs. Frangione stated that the cards are what rules.  She said the information comes from the cards.  She said the reason  the lap top stopped working at the last election was because the battery was going dead and there was not an alarm.  She said that her daughter had put an alarm on the lap top so that will not happen again.  

Mr. Hall stated that since we will be computerized with the State, things could become more complicated.

Discussed was a letter that Mrs. Pike had received from NH Civil Liberties Union (“NHCLU”) regarding complaints they had received from residents of Chichester. One issue was if a resident needed to change their address, they were told they had to fill out a new voter registration form including the provision of their driver’s license numbers and last four digits of their social security.  Mrs. Frangione stated that she was instructed by the State to do that.  She said that no one complained to her.

Mrs. Pike stated that she had gone to training classes with Mrs. Frangione.  She stated that Mrs. Becker and Mrs. Waters will be attending the training classes as well.  Mrs. Frangione stated that the new master list of voters will be 157 pages and addresses of both physical and post office boxes will be disclosed on the list.

Mr. Hall stated that he hoped everything would be in order and ready to go for the upcoming election. Mrs. Pike stated that she offered a suggestion to help the Supervisors by using different colored paper for those who need to change their address.

Mr. Hall stated that he was still concerned.  He stated he had spoken to someone at NHCLU and they will probably send an observer to observe the September or November elections.  Mrs. Frangione stated that Mrs. Becker and Mrs. Waters will be receiving the same training as she received.

Selectman DeBold asked what would happen if the lap top lost connection to the State during elections.  Mr. Hall stated that we may not need to be connected to the State.  Mrs. Frangione stated that lap top will not be needed during election. Currently, there are three sets of data that is being used and once the list with the State is completed and updated, the list that is currently saved on the lap top will not be needed.

Chairman MacCleery stated that the problem is being addressed and training is being done.

SUBJECT: Mrs. Barbara Frangione/Library Well

HIGHLIGHTS:  Mrs. Frangione stated that the well the library is using is her well.  She said she authorized the library to use that well, but not for drinking water as the water contained a lot of salt.  She said the library has been using that well for 18 years. She said she permitted the Town to use her well to save the Town money.  She had pictures of the well when it was first dug and also showed the Board of Selectmen pictures of the well now.  The church has put in a culvert that runs into the well contaminating the well.  She said that she wants the Town to fill in the well and that the church should be made to dig a new well for the library.

She said that she and her husband had put a new cap and pitcher pump on the well.  Chairman MacCleery stated that the well could be sealed and built up to keep runoff from getting in the well.  Selectman DeBold asked if the well was in the State right of way.  Mrs. Frangione stated that it was not.  Selectman DeBold stated that Mrs. Frangione needs to write a letter to the Board of Selectmen asking them to fill in the well.  Selectman DeBold stated that on the site review it specifically stated that the construction can not impact someone’s private well. Selectman DeBold asked who should address this problem with the church.  Should it be Mrs. Frangione, the Library Trustees, the Planning Board or the Board of Selectmen?   Selectman Colbert stated that we would have to prove that the church has damaged the well.  How is that going to be proved?  He said the Town will have to pay for a new well.

Mrs. Frangione stated that she wants the library’s water situation to be rectified immediately.  Chairman MacCleery stated that the drainage could be redirected away from the well.  Selectman DeBold brought in a water sample from the library and water has cleared up a considerable amount.  Selectman Colbert suggested that the well be pumped out and shocked again.

SUBJECT:  General Business

HIGHLIGHTS:  Selectman Colbert stated that he had stopped by the Road Agent, Mr. David Kenneally’s house to see how he was doing.  Mr. Kenneally asked Selectman Colbert if he would ask the other members of the Board for permission to move ahead with the paving project on Hutchinson Road.  Mr. Kenneally stated that he has to have a decision immediately so he does not lose the $53.00 a ton price.  The Board of Selectmen agreed that Mr. Kenneally could move ahead with this project.

A Motion was made by Selectman Colbert to allow Mr. Kenneally to have a portion of Hutchinson Road including the hill to be paved for a cost of $53.00 a ton.  The Motion was seconded by Selectman DeBold.  Chairman MacCleery asked for discussion.  Chairman MacCleery stated that he was not against the project but how the process was done.  He stated he would have liked to see some written bids. A vote was taken, and Selectmen Colbert and DeBold were in favor.  Chairman MacCleery was not in favor.  MOTION PASSED.

Selectman DeBold stated that he had spoken to Joanne at CLD Engineering to discuss the bid that was submitted for the basic engineering for Center Road.  Selectman DeBold also spoke with Karen O’Rourke from Brown Engineering.  Selectman DeBold discovered that there were a few items that Brown Engineering did not include in their bid.  Brown Engineer re-submitted another bid and it increased their price to $17,000.00 which was still lower than CLD Engineering’s bid.  Selectman DeBold stated that he had done some background research regarding Brown Engineering.  He stated that he thought Brown Engineering would do the Town justice and he felt comfortable with them.

Selectman DeBold made a Motion that after careful review of both bids he would recommend that the Town of Chichester will award the bid for basic engineering of Center Road to Brown Engineering.  Chairman MacCleery seconded the Motion.  A vote was taken and all were in favor.  MOTION PASSED.

Selectman DeBold presented the other members of the Board with a draft of Request for Proposals for a new Town Engineer.  The Board of Selectmen reviewed the document and made a few changes.  Patty will send out the Request for Proposals on Wednesday or Thursday.  After the Town receives the bids, the Chairman of the Planning Board, the Chairman of Board of Adjustments and the Road Agent will be involved in the interview process.

Chairman MacCleery stated that he had received a telephone call from a resident who reported that he saw the Town truck with debris in it, however there was a tree trunk that was not tied down and the resident felt that the tree could have fallen on to the road.  Selectman Colbert said he saw the same thing and the tree was not in danger of falling out of the truck.  The Board of Selectmen will recommend to the Road Agent to secure loads.

Patty advised the Board of Selectmen that she had spoken to Attorney John Alexander and Attorney Tim Britain regarding Mr. Britain assisting Mr. Alexander and Mr. D’Ambruoso with the TDS issue. Both Mr. Alexander and Mr. Britain assured Patty that Mr. Britain was not helping Mr. Alexander and Mr. D’Ambruoso.

Patty asked the Board of Selectmen if there was any language that they wanted to be changed on the draft easement for the Ferman Property.  It was asked that Patty send a memo to the Conservation Commission and ask them to include a draft pit in the pond and that the access road is to be maintained by the Fermans.

Patty asked what she should tell the Town Attorney, Bart Mayer regarding the Booth property.  The Board of Selectmen stated that there was no money in the budget this year for research on the property.  She was asked to advise Mr. Mayer that the Town will put it in the budget for next year.  

The Board of Selectmen reviewed a letter that was sent to them from Attorney Mark Dunn regarding Map 6 Lot 23.  After research that was done by Mr. Dunn, it appears that Mrs. Nelson owns that piece of property located at Map 6 Lot 23. The Board of Selectmen asked Patty to verify with the Tax Collector, Mrs. Pike if the back taxes are $450.00.

Patty was asked by Chairman MacCleery if she would call the Highway Department and ask them to cone off north of his driveway a hole in the pavement above the culvert header were the pavement had dropped.

Last week Patty was asked to send a memo to the Road Agent regarding a resident on Center Road not getting their mail, because of the ditch that was in front of the mailbox.  When Mr. Kenneally went to repair the ditch he discovered the mailbox was high and leaning back.  The ditch was fine, but he added more gravel.

Legal correspondence, mail and e-mail were reviewed.  

Minutes from June 13, 2006 were reviewed and approved

Being no further business, Chairman MacCleery adjourned the meeting at 11:00PM.

Respectfully submitted,

Patty Wooster
Administrative Assistant

_________________________       
Chairman Stephen MacCleery

                                
David Colbert

                                
Richard DeBold