Chichester Board of Selectmen
SELECTMEN'S MINUTES
March 6, 2007
MEMBERS PRESENT: Chairman MacCleery, Selectman Colbert, Selectman DeBold and Administrator Lisa Stevens.
Chairman MacCleery opened the meeting at 7:00pm.
SUBJECT: Department Heads
PRESENT: Police Chief; Patrick Clarke, Fire Chief; Mike Paveglio, Road Agent; David Kenneally, Emergency Management Director; John Martell, and Building Inspector; Dave Paveglio
BI - Mr. Paveglio had nothing to report this evening. The Selectmen informed Mr. Paveglio that the Planning Board has been working on updating the building inspector's rates and fees. Nothing is finalized at this point.
Mr. Paveglio has added one additional person to the 2009 building permit waiting list.
Mr. Doug Hamel has appealed to the Board of Adjustment, seeking reconsideration regarding his expired permit. Mr/Mrs. Edward Ferman have met with Mr. Paveglio to discuss their options regarding their expired building permit.
EMD - Mr. Martell had nothing to report this evening.
FD - Chief Paveglio informed the Selectmen that he will have to move the date of his resignation up to March 20, 2007.
The Chief reported that during the February monthly meeting of the Fire Department, an informal non-binding vote of the membership present was taken for the new Fire Chief. Three candidates expressed interest; John Prickett - 6 votes; Gilbert Vien - 9 votes and Paul Sanborn - 8 votes. Chief Paveglio instructed the candidates to submit resumes to the Board of Selectmen. Mike urged the Selectmen to take careful consideration of the resumes.
Deputy Chief Paul Sanborn suggested the Board of Selectmen consider adjusting/increasing the salary line in the budget to allow the flexibility to hire the next chief.
Selectman Colbert responded that at this time it is a volunteer position. Chief Paveglio disagreed with that statement saying the stipend is a salary item. Chief Paveglio further recommended that the Selectmen appoint a chief for one year and retain the Town
Organization Committee as an active group and direct that group to focus on the structure and needs of the Fire Department.
Selectman DeBold asked the question why the vote was informal or non-binding. The previous vote for a chief when Mr. Prickett resigned was a vote of confidence for Mike.
Chairman MacCleery asked if the department has a name they would like to bring forward for a new chief. Chief Paveglio answered "no."
PD - Chief Clarke is still experiencing trouble covering weekend shifts. He would like to hire a new part time officer and bring forward a candidate, Mr. Josh Plunkett, for the Selectmen's approval at the March 20, 2007 Selectmen's meeting.
The explorer has been repaired; a new ring and pinion was replaced along with some incidental parts. To keep the costs down, some of the parts were used parts. The rear -end oil was changed as well.
HYW - One of the contractor's trucks blew the motor. It will be down for the rest of the snow season.
The department will be posting roads as of Friday to coincide with the Town of Loudon's posting. A discussion regarding the requirement of requiring bonds be posted from individuals seeking to travel over the posted roads was discussed. The town has had a good relationship in the past with Millican Nurseries, when damage has occurred; Millican's has responded and taken care of the problem. The decision was made to handle this matter the same as in the past. The highway department will handle noticing the newspaper. Notice must be placed prior to posting.
The Board informed the Road Agent that it has been brought to their attention from town counsel, that the Town has never given the Board of Selectmen the authority to convey town property, therefore the easement to allow Millican's Nursery to perform work under the road on Pleasant Street, will need to go before a vote of the town at town meeting.
Mr. Kenneally submitted a proposal from CLD Engineering regarding the drainage issue at the corner of Rte 28 and Bear Hill Road.
Mr. Kenneally brought forward his concerns regarding the numbers listed for the highway department comparisons represented in the final report from the Town Organization Committee. The Road Agent does not believe the numbers are a true like for like comparison from all towns. The numbers are very hard to interpret. Mr. Kenneally cautioned the Selectmen to review the updates carefully prior to accepting the report.
SUBJECT: Paul Sanborn-Federal Surplus Purchase
PRESENT: Paul Sanborn, Mike Paveglio, John Prickett, Patrick Clarke
Motion Chairman MacCleery and second by Selectman Colbert to enter into non-public session at 8:00pm, pursuant to RSA 91 :A-3, II (c) for matters which if discussed in public would likely affect adversely the reputation of any person. The Chairman called for the vote. Colbert - yes; DeBold - yes; MacCleery - yes. All were in favor. Motion carries.
Motion Chairman MacCleery second by Selectman DeBold to come out of non-public session at 9:20pm. The Chairman called for the vote. Colbert - yes; DeBold - yes; MacCleery - yes. All were in favor. Motion carries.
Motion Chairman MacCleery second by Selectman Colbert to seal the minutes of the non-public session for ten (10) years. The Chairman called for the vote. Colbert - yes; DeBold - yes; MacCleery - yes. All were in favor. Motion carries.
SUBJECT: Fire Department
PRESENT: Tom Wainwright and Gilbert Vien
Chairman MacCleery began by apologizing to Mr. Wainwright for being one hour late. Mr. Wainwright asked Mr. Vien to attend this evening and chose to have an open session to discuss his concerns and interest for the Fire Chiefs position.
Mr. Wainwright began by stating that the Chichester Fire Association bylaws are on file with the Town Clerk's office. These bylaws are separate from the Fire Department's bylaws. Mr. Wainwright was a member of the association's bylaw committee. The Fire Association was formed in 1999. To the best of his recollection, the department has never voted out the original bylaws, the most current dated August 1981. Mr. Sanborn came into a department meeting with the new Administrative Policies and stated this was what the department would now follow. There is no record of a vote taken by the department to abolish the bylaws. There are old records stored in the attic of the fire station that could be researched.
Mr. Wainwright submitted his resume to the Selectmen along with a list of concerns he would address if appointed the new chief. Mr. Wainwright is not certified in the State of New Hampshire but by the State of New York. Selectman DeBold asked how he was allowed to hold an officer's rank without this certification as stated in the fire department's administrative policies. Mr. Wainwright responded by stating he had passed the New Hampshire officer's test and oral board. Mr. Wainwright also expressed concerns that the rules are not being followed over at the department and that is why he did not bring his name forward there. A lengthy discussion followed pertaining to the Chiefs position, qualifications for such and what Mr. Wainwright feels are the department's immediate needs. As far as he is aware, the
procedure for elections of officers has not changed. Mr. Wainwright finished by stating he has the best interest of the Town of Chichester in mind.
Mr. Vien commented that he did state to the membership prior to the vote that he may not be the most qualified if you went by the Administrative Policies (which he believes to be invalid) but he will perform the job to the very best of his ability always with the best interest of the Town in Chichester foremost in his mind.
The Selectmen stated it has been brought to their attention that the town has never officially adopted RSA 154: I which deals with the organization and adoption of Firewards, Fire Chiefs, and Fire Departments therefore the bylaws that were adopted prior to this change in legislation during the 1990's, are still in effect for the department.
GENERAL BUSINESS/BOARD DISCUSSION:
Town Counsel has brought to the attention of the Board that the Town has never granted the Board of Selectmen authority pursuant to RSA 41:14-a, to convey town owned property and the easement between the Town and Millican Nurseries for roadwork to install and maintain an irrigation system will have to go before a vote of the town.
The Administrator has spoken to the NH Department of Revenue for procedural recommendations to allow the Board to hold this additional discussion at Town Meeting on March 17,2007. Ms. Stevens will post the appropriate notice.
Review of resumes and open discussion took place regarding the pending appointment of the new Fire Chief. Motion Selectman Colbert and second by Selectrnan DeBold based information provided to the Board by the Fire Chief, consideration of the vote taken by the Fire Department membership, and thorough review of the resumes submitted by all candidates, that the Board of Selectmen appoint for a one year term effective March 20, 2007 until April 1, 2008, Mr. Gilbert Vien, interim Fire Chief. The Chairman called for the vote. Colbert - yes; DeBold - yes; MacCleery - yes. All were in favor. Motion carries.
The Board reviewed their policy of deferring to state statute relating to political signs on town property. Candidates need to seek permission from the Board of Selectmen to post signs on town owned property. Mr. MacCleery officially went on record asking permission to place his political signs on town property. Selectman Colbert and DeBold granted Mr. MacCleery permission. The Board directed the Administrator to contact the candidate whose signs are currently posted on town property and notify him that he needs to request permission in writing from the property owner in order to place political signs on the town's property and the Board of Selectman grant that permission to Mr. Weir so long as a written request is received by the Selectmen's Office.
Selectman DeBold suggested the policy be explained to candidates when they sign-up for office or at least posted by the Town Clerk's window.
A lengthy discussion took place regarding whether or not there was a desire by the Board for outside engineering bids for the Center Road reconstruction project. Selectman Colbert and Selectman DeBold debated for some time, the necessity for or against outside bids and the concern of pricing the project like for like. The Road Agent has outlined how the highway department will construct the road and that may not follow exactly the engineering studies plan for the road. Both strategies are acceptable but may be priced differently. The Road Agent has been comparing costs from local construction firms.
The Board discussed the recent changes/updates to the Town Organization Committee's final report and would like the opportunity to thoroughly review the report once again prior to distribution. In lieu of the fact that the Town Organization Committee has been making corrections up until the day prior to re-submitting the revised report, the Board of Selectmen recommends the Town Organization Committee address fully the department heads concerns before the Board agrees to make this available for public distribution. The Selectmen reviewed the warrant article establishing the committee and the charter adopted by the Board and neither document states the report must be available for town meeting. Certainly that is the intent but the Board does not want the report to be rushed.
The Selectmen refrained from signing an invoice for a snowplow contractor until all the required supporting documents are submitted to the Selectmen's Office. Lisa was directed to speak to the Road Agent about this matter.
The Board discussed the disposition of the earlier hearing concerning the personnel matter associated with Paul Sanborn. Chairman MacCleery informed the other Board members that he had received a telephone call from Mr. Alan Quimby who stated that "he stands by his previous testimony." Motion Selectman Colbert second by Selectman DeBold to abide by the direction given from town counsel to proceed with rendering the Selectmen's judgment. The Chairman called for the vote. Colbert - yes; DeBold - yes; MacCleery - yes. All were in favor. Motion carries.
The Board gave the approval for the Budget Committee Chairman to forward the article to the Concord Monitor, urging residents to attend Town Meeting.
Chairman MacCleery asked that the School Meeting be noticed on the office sign.
Review of the alleged light trespass violation at Meyer's RV was tabled due to the lateness of the hour.
Payroll and accounts payable was signed.
Correspondence requiring a timely response was reviewed.
The minutes of February 20, 2007, were approved as written.
The Board of Selectmen will not be meeting on Tuesday, March 13,2007, due to Town Elections.
Being no further business, the Chairman adjourned the meeting at 1:25AM.
Respectfully submitted,
Lisa Stevens Administrator
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