Chichester Board of Selectmen
SELECTMEN’S MINUTES
April 10, 2007
MEMBERS PRESENT: Chairman Colbert, Selectman DeBold, Selectman MacCleery and Administrator Lisa Stevens.
Selectman DeBold opened the meeting at 7:00pm.
Chairman Colbert arrived a few minutes late.
SUBJECT: Department Heads
PRESENT: Patrick Clarke; Police Chief, Dave Paveglio; Building Inspector; David Kenneally, Road Agent; John Martell, Emergency Management Director; Gil Vien Interim Fire Chief
PD – Chief Clarke introduced new hire, Josh Stone to the Board. Josh will be a part-time officer for Chichester. He is a police officer on the Pembroke force.
The new cruiser is in and ready for delivery.
Chief Clarke will be attending Tactical Training next week.
Officer Seluk has completed the police academy and has returned to the rotation.
A sobriety checkpoint will be held within the next few days. A press release has been sent to the newspaper.
Selectman MacCleery made mention of the fence repair still needed at the residence on Suncook Valley Road as a result of the accident with the cruiser last fall. Chief will be addressing as soon as weather permits installation of the new fence and posts.
HYW - Mr. Kenneally informed the Selectmen he has four days of personal time remaining from last year and he is seeking approval from the Board to carry over beyond the first quarter deadline. The Board granted this request, stating Mr. Kenneally should try and take this time off as soon as possible.
The highway department has been working on cleanup of trees and brush as a result of last week’s snow and ice storm.
The Road Agent attended the School Board meeting earlier this evening to discuss the gate repair. The School Board is considering increasing the parking lot and changing the gate, so at this time, the repair is on hold.
A tree branch broke the windshield on the big truck. Mr. Kenneally will arrange for the repair.
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Selectman MacCleery reported to the Board that he has spoken to Mr. Gilman regarding the inspection for the proposed excavator purchase. The total cost for the inspection which includes fluid sample testing is $180.00. The Selectman agreed to have the inspection performed for $60/per hour for a total of 2 hours and $15-$20 per fluid sample.
The question was raised when are the weight limits going to be lifted? This is very dependent on the weather for the next two weeks.
EMD – Nothing to report.
BI – The planning board has approved new building fees for the building inspector. Mr. Paveglio submitted a memo to the Board regarding fees processed for numbering of house lots. Mr. Paveglio assigns these at the time of inspections on the new dwellings and does not feel this separate fee of $10 is necessary anymore. Language may need to be added to the building ordinance including this task that is performed by the building inspector. Should the procedures change and a separate individual take over the numbering, then this will need to be looked at again. Also included on the memo was the correction needed to the zoning ordinance stating ICC as the building regulations followed. This was formally known as the BOCA regulations.
Issued but expired permits were discussed. Two permits were lost for 2006, Ferman and Hamel. The permit for the Mullaney lot sold to Currid has thirty days from the deadline of issuance (April 15, 2007) to appeal to the Board of Adjustment.
Town counsel has notified Mr. Paveglio that he was in error when he stated Mr. Austin was not entitled to any building permits because of his pending appeal with the Board of Adjustment. Mr. Austin’s condominium project was approved by the planning board and permits may be issued under that approval.
Mr. Paveglio is a representative for the Concord Area Crimeline. He would like to put the hotline number on the town sign and some pamphlets out in the lobby. The Board granted this request.
FD - Chairman Colbert swore in Interim Fire Chief Gilbert Vien with several members of the fire department and a member from the Loudon Fire Department in attendance to show their support of the appointment. Chief Vien thanked the Board of Selectmen and informed them that Mr.& Mrs. John Uitts are returning to the department and Chief Vien is going to appoint Mr. Uitts as Deputy Chief. Chairman Colbert stated it was nice to have the Uitts back and any returning member and Mr. Vien and the entire fire department have the support of the Board of Selectmen and Board is looking forward to working together over the next year to straighten things out. Selectman MacCleery
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mentioned that when meeting with Mr. Dick Wright, Chief Coordinator of the Capital Area Compact, he stated that the Board should check with the Fire Marshall’s office to
inquire whether or not the town, which has always operated with a municipal fire department, is grandfathered under RSA 154:1. Mr. Uitts volunteered to contact the Fire Marshall and look into the matter. Chief Vien will begin an inventory of all Fire Department vehicles and equipment. This information is necessary for the GASB34 work. Lisa will meet with Mr. Vien to give him the cost thresholds for each category.
SUBJECT: Board Vacancies
PRESENT: Mr. Richard Moore
Mr. Moore has expressed an interest in volunteering on one of the land use boards and met with the Selectmen to discuss which board his professional background and interests would be best suited to. Mr. Moore is a retired civil engineer with experience in road projects, driveway permitting and wetland applications. Mr. Moore’s preference is to be on the board that is understaffed and he would be receptive to serving on the Board of Adjustment and the Conservation Commission simultaneously. No decision was made at this time.
SUBJECT: Fireworks Permit
PRESENT: Mr. Don Peterman
Mr. Peterman needed to renew his fireworks permit for his business located on Rte 4, known as Sparks Fly. The renewal was signed by the Board. The Police and Fire Chief
need to sign as well before the permit can be issued.
SUBJECT: Use of the softball fields at Carpenter Park
PRESENT: Mr. David Dobson
Mr. Dobson was seeking approval to use the upper fields at Carpenter Park for the Congregational Church’s kids softball league. The league does have some adult players.
The schedule is nine (9) Monday nights (last Monday in June thru August) running after the Chichester Youth Association has completed their season. The Board of Selectmen gave permission for the church to use the upper field at Carpenter Park.
SUBJECT: excepting bonds on posted roads
PRESENT: Road Agent, David Kenneally
A brief discussion was held regarding the request to post a bond for travel on a weight restricted town road. The Road Agent has discussed this request with the town engineer and neither himself or the engineer are in favor of posting bonds because damage to a road can take as long as a year to show up and once the road is open to full traffic, it is
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extremely difficult to prove (in court) the damage was caused by the party to which you have a bond. Selectman DeBold has spoken to the property owner and arranged for them
to meet with the Board later this evening. Selectman DeBold also contacted the town engineer to discuss this matter. It is Selectman DeBold’s opinion that Bailey Road is a well built road, built by the State and is a better built road than most town roads. Further, the statute allows for towns to grant exemptions and bond should they deem it appropriate. Selectman DeBold has established a proposed bond amount of $37,000.
Selectman MacCleery asked the Road Agent when historically has Chichester lifted the weight limit requirement. The Road Agent stated the statutory authority is for a period of six weeks. This year the time period expires on April 28, 2007. Selectman MacCleery recommended that the bond specify a tr0axle truck versus a tractor trailer. He also raise the question,” Who if anyone is going to weigh the loads?” The Board tabled this discussion until later this evening with the business owners.
SUBJECT: Board Vacancies
PRESENT: Mr. Norm Larochelle
Mr. Larochelle met with the Board to discuss the vacancy on the budget committee.
Mr. Larochelle is currently a member of the BCEP Committee and the Town Organization Committee. Mr. Larochelle stated he sees the town faced with some tough decisions in the coming years and would like to be part of the solution to the current funding problems.
The Selectmen asked if Mr. Larochelle would remain on the Town Organization Committee. Mr. Larochelle stated he could do both. Mr. Larochelle elaborated saying the Organization Committee could be manageable with more people involved, and the current members need to follow through with the information gathered for the final report and pass it along to new members or departments.
SUBJECT: Permission to travel on a posted road
PRESENT: Mr. Mark Blasko, Mr. Chuck Bretton and Mr. Justin Caldon
Mr. Blasko and Mr. Bretton are the owners of a newly approved business on Rte 4, known as Chucksters. The owners are seeking an exception from the Board of Selectmen to post a bond, allowing travel on a four hundred foot (400’) section of Bailey Road to begin construction of their commercial venture. All town roads are currently posted with a six (6) ton weight limit.
Chairman Colbert informed the owners of the discussion that took place earlier this evening stating the Road Agent and the Town Engineer were not in favor of granting this
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exception because it is very hard to police the potential damage to the road. Lots of folks want permission to travel over the posted roads to start construction projects and receive deliveries.
Project Contractor, Justin Caldon, explained to the Board and the Road Agent, that 30 (in and out), tri-axle truck loads of material needs to come off the site, to prepare for the arrival of the equipment needed to construct the miniature golf course. The company delivering the equipment is located in New Jersey and has scheduled this delivery for two weeks from now. If the owners can not meet this window of opportunity, then the project will be put on hold for several months, thus creating a hardship for the owners who will be unable to begin construction of their commercial business scheduled to open for the upcoming summer season.
Selectman DeBold read RSA 231:191 which gives the governing body (Selectmen) the authority to grant exemptions and allow the posting of bonds on weight limit restricted town roads. Some discussion followed regarding section V. of RSA 231:191 which states in part, any owner of land or commercial enterprise served by such highway, who demonstrates that such limits would entail practical difficulty or unnecessary hardship, and who complies with all conditions and regulations concerning bonding and restoration, shall be granted an exemption unless the exemption would be detrimental to public safety. For the purposes of this paragraph, “unnecessary hardship” shall include any weight restriction which results in significant interference with a commercial enterprise or land use which existed prior to
the posting of the weight restriction.
Selectman MacCleery questioned whether or not the Board has the authority to post roads within the 1000’ commercial zone.
There was discussion as to whether the business would be considered existing and not allowing this use would interrupt the businesses commerce and create a financial hardship.
Another concern is that there could still be frost in the ground. The contractor has probed the road for frost. Chairman Colbert asked if frost had been found on the site. There was some discovered near the house which is on the north facing side. Mr. Caldon offered to videotape, with the Road Agent present, that section of Bailey Road prior to trucking and then again when the posting is lifted.
There was much discussion on terms of the bond, length of time, form of payment, amount, how long it would take to get one processed. The owners are working within a very tight time frame. The Board would require all documentation to be reviewed by the town attorney.
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The Road Agent will do the best he can to release the weight limit as soon as he can, but as of today it appears to be another two weeks before that will happen.
Possible access by the Weathervane Restaurant was questioned. Could a temporary easement be obtained from the State to grant a temporary right of way?
Selectman DeBold stated, “The property owners have made every effort to do everything the town asked when appearing before the planning board. They have gone the extra mile to be good neighbors to Chichester. That section of Bailey Road is a well built road.” “I am in favor of granting this exemption regardless of what town counsel says.”
The Board could not come to an agreement. Selectman MacCleery did not want to vote until he had heard the opinion from town counsel as to whether or not the town could post in the commercial zone and if the business was considered existing because it received Planning Board approval prior to the posting of the roads. Chairman Colbert was not in favor of granting the exception due to the recommendation from the Town Engineer and the Road Agent. A meeting was scheduled for Thursday at noon with the Selectmen, Road Agent and the owners, at which time a decision will be rendered. Prior to that meeting, Selectman DeBold will contact the town attorney and ask three specific questions; 1) Does the Town have the authority to post weight limits within the commercial zone? - 2) Would the business be considered an existing
commercial business? and 3) Are the Board of Selectman required to grant the bond?
GENERAL BUSINESS/BOARD DISCUSSION:
Mr. Chris Weir asked what the Selectmen’s procedure was for contacting the town attorney. Mr. Weir stated some comments have come up from Selectman DeBold and Chairman Towle during Planning Board discussions relating to what has been told to them by town counsel. Mr. Weir has not seen written opinions to these questions asked. Mr. Weir is of the opinion that the Planning Board made a decision on the application of the Chichester Country Store based upon misleading information or hearsay.
The Board held a discussion regarding the protocol for contacting the town attorney. Chairman Colbert wanted to clarify for the record the guidelines already in place. In the past the Board has required that all inquires made either by telephone calls or e-mails that are soliciting the opinion of town counsel, be followed up in writing. Again this evening, the Board was in agreement that this procedure should be being adhered to and has not been formally discontinued. Further, Board members (any board) should not be calling the attorney without the prior consent of a majority of the members, and only to discuss the specific question stated.
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Added to this discussion was Mr. Weir’s concern that Selectman DeBold’s comments to the planning board members at last week’s planning board meeting were contrary to what the Selectmen had agreed, as a Board, at last week’s Selectmen’s meeting, was the intent given to the extension granted by the Selectmen for non-conforming use to the business known as the Chichester Country Store. The minutes of the April 3, 2007 Selectmen’s meeting clearly define the decision the Board made. Selectman DeBold stated he did not intentionally misspeak or mislead the planning board members to sway their decision. It was not clear why Selectman DeBold called town counsel to discuss the Selectmen’s clarification of the extension they had granted in 2005 for the non-conforming use. A
Board decision had already been made and no request to contact town counsel had been asked for. Selectmen DeBold informed the Board that he had called the Town Attorney as the Planning Board Ex-Officio and not as a Selectman. This topic was discussed, sometimes heatedly, at length and was brought back to the protocol for talking to and requesting opinions from town counsel.
Selectman DeBold argued that the Board of Selectman could not make the Chichester Country Store comply to current zoning because the extension for non-conforming use was granted. Chairman Colbert argued what part of the zoning was violated by the Selectmen, the proposed business; Barn House Lighting did not have permission of the non-conforming use extension.
Chairman Colbert is not comfortable with the town attorney talking to the general public before the Planning Board or Selectmen have any knowledge about the projects or issues coming before them. Chairman Colbert recommended a letter be drafted to the town attorney, notifying him of the Board’s wishes. Selectman DeBold thought this to be a mistake to demand the town Attorney get the Board’s permission before speaking to anyone on the town’s behalf. Chairman Colbert did not feel town counsel’s reasoning or speaking to Mr. Giuda, without the Selectmen’s knowledge was a plausible one. If they were speaking attorney to attorney the town would be billed for it. So far we have not. This is a legitimate concern to the Selectmen about conversations taking place between the
town attorney and individuals not initiated by the town. And further, all conversations with town counsel should be followed up with the opinion in writing. Selectmen DeBold suggested a meeting with the Board of Selectmen and town counsel may be in order to clear up any confusion.
Selectman MacCleery has spoken to Mr. Ian Blackman regarding assistantance with the bid proposal for the Grange roof repair. Mr. Blackman is interested in bidding on the job once the proposal has been drafted. Lisa will write the bid from the information she has already obtained.
The Board reviewed Mr. Stock’s stipend request for payment while Officer in Charge of the Fire Department. The Selectmen denied his request for payment of the three
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positions. Mr. Stock was paid for the responsibilities he assumed in the position of Acting Chief.
Selectman DeBold discussed the confusion residents were having over the exemption forms that were sent out for the update process. The exemption for residential use in a commercial zone is an exemption that must be applied for annually. The Selectmen’s Office has not sent out any update forms since the revaluation. Lisa apologized for any confusion and will make sure a cover letter goes out with all mailings.
Selectman DeBold questioned why a taxpayer was told he could not attend a Selectmen’s meeting. Lisa was not aware of the circumstance but stated the office follows the policy set by the Selectmen in regards to making appointments and setting the agenda deadline. Always stated to people is the fact that it is a public meeting and anyone is welcome to attend and should the Selectmen find time to squeeze them in they make every effort to accommodate the person. The Board directed Lisa to review this procedure with Erin so that this issue would not occur again.
Briefly discussed was the proposal by the Town Administrator to restructure the town offices to accommodate more hours to the public and cross training for the staff to better address the lines of communication across all town departments. Due to the lateness of the hour, the Board was not prepared to discus this issue at length this evening. Selectman DeBold sees that a change is needed. Chairman Colbert sees the need as well. Selectman MacCleery feels this is still a small town and office hours for the land use boards are not necessary at this time. Selectman MacCleery did not elaborate further on his concerns at this time. Lisa proposed to the Board to bring to the table for next week, their plan for addressing the problem. They agreed to work on one and allotted time for next week to
discuss this issue at length.
Mail and e-mail was reviewed.
Accounts payable and payroll were signed.
The Board approved the minutes of April 3, 2007 as corrected. Page one, subject; Chichester Country Store, paragraph three, insert the sentence- This opinion was not shared by Selectman DeBold.
Being no further business, the Chairman adjourned the meeting at 11:50PM.
Approved As Corrected
Respectfully submitted, 4/17/2007
Lisa Stevens/Administrator
______________________ _________________________ _____________________
David Colbert, Chairman Richard DeBold Stephen MacCleery
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