Chichester Board of Selectmen
SELECTMEN’S MINUTES
April 12, 2007
MEMBERS PRESENT: Chairman Colbert, Selectman DeBold, Selectman MacCleery and Administrator Lisa Stevens.
Chairman Colbert opened the meeting at 12noon.
SUBJECT: Issuance of a Bond on a posted town road
PRESENT: Mr. Mark Blasko & Mr. Chuck Bretton; owners of Chucksters, Justin Caldon; General Contractor for the construction project and David Kenneally; Road Agent
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. The meeting today was for the Board of Selectmen to reach a decision to grant or not grant the exception.
Selectman DeBold has spoken to the town attorney and updated the group on the information he received. Point number 1 - The Board of Selectmen does have the authority to post roads that are in the commercial zone. Point number 2 – The approval from the Planning Board to operate the business (which is not built yet) to be known as Chucksters does not constitute an existing business for purposes referenced under section V. Land Use & Commercial Enterprise; of RSA 231:191. Point number 3 – The town attorney’s experience with bonds is performance bonds issued during road construction. A standard bond agreement template was not available. However, counsel advised the town could take under consideration that it is just this section of Bailey Road, the short window of opportunity, and the
potential financial hardship and specify these as unique circumstances stated within the language of the bond agreement.
The Road Agent and Chairman Colbert have expressed concerns that granting this exception will open the flood gates to all contractors and the like seeking permission to travel over posted roads. This along with the opinion from the Town Engineer and the Road Agent not to recommend accepting bonds is the reason Chairman Colbert does not support this request. Chairman Colbert gave the responsibility for the roads to the Road Agent and he relies on that input from the highway department.
Mr. Caldon, general contractor, has probed the road and found frost on the left side of the road. The swales and drainage are great down both sides of the road. The site itself has good drainage.
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BOS minutes
April 10, 2007
Motion made by Selectman DeBold and seconded by Selectman MacCleery to grant the exception (during the posting time) due to the very unique circumstance of this particular business project located in the commercial zone which only has access off of a town road to Chucksters LLC., to travel the section of Bailey Road, currently a posted road, up to the property owned by Mark Blasko and Chuck Bretton, contingent upon a bond in the amount of $37,000 be placed in the form of surety, cashiers check or letter of credit, during the Town of Chichester posting period, and further that any and all costs incurred to draft this agreement be at the expense of the owner. Further a videotaped inspection of the roadway with a representative from both parties present will take place prior to the trucking and then again after the
posting is lifted. Two Selectman were in favor. Chairman Colbert – nay; Selectman DeBold – yes; Selectman MacCleery – yes. Motion carries.
Selectman DeBold has drafted a bond agreement. All parties reviewed the document. Selectman MacCleery recommended one revision, to change construction equipment to tri-axle trucks. This document will be forwarded to the attorney for review to ensure it is a legal and enforceable agreement. Once reviewed by town counsel, all parties will need to execute the document and the bond amount is in place.
Being no further business, the Chairman adjourned the meeting at 12:40PM.
Respectfully submitted,
Lisa Stevens
Administrator
APPROVED AS CORRECTED
4/17/2007
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David Colbert, Chairman
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Richard DeBold
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Stephen MacCleery
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