Chichester Board of Selectmen
SELECTMEN’S MINUTES
July 31, 2007
MEMBERS PRESENT: Chairman Colbert, Selectman DeBold, Selectman MacCleery and Administrator Lisa Stevens.
Chairman Colbert opened the meeting at 7:00pm.
SUBJECT: Public Hearing – Sale of town property
PRESENT: Brad Towle, Joe Smith, John Uitts, Gil Vien and Vicki Wakelin
Chairman Colbert began the public hearing by informing the members of the audience that this was the second public hearing in accordance with RSA 41:14-a; for the proposed sale of town property, map 4, lot 48. A question arose at the first public hearing relevant to whether the lot as described was a stand alone lot prior to the town enacting the zoning ordinances.
Through research conducted by the Town Administrator, the ownership was traced back to a deed conveyance from Sargent to Lurvey in 1963. The lot as described by deed met the zoning requirements for area and frontage at the time it was conveyed in 1963. It is the opinion of the Board of Selectmen that this lot is a legally created building lot.
Mr. Joe Smith brought to the Boards attention a letter the town received from NHDES in regards to water contamination of the brook when the highway department used an approved ice melt material to thaw an ice dam in the culvert. Mr. Smith asked if this property was affected and this was the hazardous material made mention to in the bid document. The material used was intended to thaw septic systems, not culverts. The town removed any excess material surrounding the culvert and no further action was required by Environmental Services. The hazardous material wording contained in the bid document is standard verbiage used by the town.
The Board reiterated to those who consider bidding to use due diligence when researching the ability of this lot to sustain a dwelling. The Town offers no guarantee as to condition, title or use of this property as clearly stated in the bid document.
Motion Selectman MacCleery, second Selectman DeBold to close the public hearing at 7:25pm. All were in favor. Motion carries.
SUBJECT: Fire Department member status
PRESENT: Stephen Stock, Paul Sanborn, Walter Sanborn, John Prickett, Gil Vien and John Uitts
Mr. Stock came before the Board to discuss what he feels is his unjustly removal from the Chichester Fire-Rescue department. Mr. Stock has made copies of the recorded meeting between himself and Chief Vien, with Mike Paveglio present, regarding Mr. Stock’s demotion, and asked the Board to listen to the CD. Mr. Stock states that no specifics were given as to the allegations of insubordination, no documentation exists on any of these grounds, no coaching or counseling was offered and no previous letters of discipline are in his personnel file.
The alleged misrepresentations stated in the letter to the Board submitted by Mr. Stock surrounding the events of a motor vehicle accident that took place on Route 4 at the corner of Cross Road were discussed at length.
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The Board has already met and discussed the contents of this letter with the Fire Chief and Deputy Chief. There appears to be two different versions of the events that unfolded during that incident.
Mr. Stock stated the reason for writing the letter to the Board was that safety was the number one concern and the Board of Selectmen, during a meeting with the fire department members in March of 2007, stated they wanted to hear about safety concerns.
Mr. Stock stated the Fire Chief has violated his rights under RSA 275: E, the Whistleblowers Act, the Fire Chief has verbally threatened him while making copies of the department’s Administrative Guidelines to a fellow department member and that his civil rights have been violated because he has not had the opportunity to face his accuser. Mr. Stock is asking to be re-instated to the department and further stated that not attending trainings should not have been brought up since they (Chief Vien and Deputy Chief Uitts) were not his superiors at the time, these are all unsubstantiated charges, the Chief is discarding skills instead of tapping them and the Board owes him due process.
Selectman DeBold asked several questions; as to the allegation of two members not wearing turnout gear on the scene, would a responder for the Chichester rescue/ambulance department be required to wear it? Mr. Stock answered the policy states you would wear turnout gear for auto accidents.
Next, concerning the accident vehicle (the van) not being secure, Mr. Stock states he secured it himself, yet the Board was told he had help by another member and further the Board was told, no victim or personnel was down the slope from the van and the Chief had previously issued a directive for no one to go under the van. Selectman DeBold questioned how two gentlemen can have such differing stories?
Selectman MacCleery asked when an engine is running with the hose line and pump running is it standard procedure to leave one person on a charged hose line. Mr. Stock responded you don’t have to stay at the controls and explained an acceptable scenario.
Selectman DeBold sees this issue as a lack of cooperation between Mr. Stock and the Fire Chief. Selectman DeBold asked Mr. Stock if it would have been more appropriate to have gone to the Chief with his safety concerns. Selectman DeBold asked the two past chiefs (John Prickett & Paul Sanborn) in the audience if they wouldn’t expect their subordinates to come to them first with safety concerns. Neither individual offered a response to Selectman DeBold’s question.
In regards to the lack of attendance at trainings, Selectman DeBold asked if it wouldn’t have been more appropriate to go and talk to the Chief and explain about all the training being done while on duty for the City of Concord and work out a schedule to miss one or two trainings, a little communication and cooperation would be more appropriate. Finally Selectman DeBold stated he was troubled by Mr. Stock’s impression that the allegations are unsubstantiated.
Chief Vien spoke to two points; the allegation that two people on scene were in the hazardous zone, those two members were near the heavy rescue and the member that was in the hazardous zone directing traffic, was wearing a state approved safety vest. The two members in the ambulance were told not to enter the hazardous zone because they did not have their gear on.
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The Chief had given the directive for no personnel to go down in the ditch; there was no one in the car.
Walter Sanborn stated no one has been demoted or terminated before for mistakes that have happened. This is a volunteer department and we need everybody we can get.
Chief Vien commented that there has been another time when a demotion took place under Chief Paveglio, and the department policies state that you will train with the Chichester volunteer members.
John Prickett stated the department is losing a very valuable resource.
Mr. Prickett urged the Board to look at Mr. Vien’s past behavior as an indicator of future performance. Mr. Prickett stated that past Chief Paveglio coached Mr. Vien for hours on these same behaviors.
Chairman Colbert stated this issue came up in the past when the Board first appointed Mr. Vien as Fire Chief and nothing was found in Mr. Vien’s personnel file as to past behavioral problems, discipline taken or concerns about safety.
Chairman Colbert stated what is happening is very frustrating and is taking away from the safety of the public.
Mr. Stock stated he appreciated the support of John Prickett, Walt Sanborn and Paul Sanborn, he did not ask them to be here tonight.
Regarding concerns being brought directly to the Board, Selectman MacCleery stated once Mr. Vien’s appointment took place, department issues need to go through the chain of command
Mr. Stock asked the Board if they looked at his resume for Fire Chief which he was told to submit by Selectman DeBold. The Board answered yes they did review his resume.
Selectmen DeBold clarified that he did not encourage Mr. Stock to submit a resume as you are implying that I encouraged you to, I simply stated to Mr. Stock that he all the rights to submit an application.
Chairman Colbert clarified for the record that the Board of Selectmen did not make you Acting Fire Chief but senior acting officer in charge.
Selectmen MacCleery stated the Board looked at all the resumes and looked into the concerns given by the department as to Mr. Vien’s appointment and if the Board felt they had not appointed the correct person, the Board would have re-looked at all the resumes. This turmoil is not serving any good, we have to move forward.
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Chairman Colbert stated to Mr. Stock, no one would question your skills, I respect you for what you do but you are a very difficult person to work with and I question your leadership skills. A big part of safety is cooperation. The Board of Selectmen has made a decision as to the appointment of the Fire Chief and that decision stands.
Mr. Stock summarized by stating, he respects that the Board made a decision and is sticking to it but is asking the Board to listen to the tape and respond to his request in a timely manner. The Board gave an expectation of response of two to three weeks.
Chief Vien commented that the State of New Hampshire is an “at will” employment state and the town does not need a reason to terminate someone.
Selectman DeBold stated that is understood, however he hopes that this is not how we operate in Chichester.
SUBJECT: Ambulance Fund, Forest Warden, Leavitt Cemetery
PRESENT: Paul and Walter Sanborn
Paul Sanborn clarified for the record the account name and use of the ambulance fund. The correct name of this special revenue fund is the Rescue Vehicle and Equipment Fund. Use of said revenues in this fund are restricted to rescue vehicle replacement, or refurbishment and rescue equipment purchase and replacement.
Paul expressed his disappointment and dissatisfaction of how the Selectmen are handling the Forest Fire Warden issues. Paul stated he has never seen the lack of support by the Board as he is seeing now. Forestry is its own entity; the Board of Selectmen is challenging the warden’s authority, the warden asked the Selectmen to appoint additional deputies, the Selectmen said no, the warden has a role and needs the personnel and equipment to function. The Selectmen in the past have never denied deputy warden appointments.
Chairman Colbert explained the Board’s position by stating there are more issues and dynamics going on here and the Selectmen are proceeding with caution, the Board understands the importance of deputy fire wardens, the residents expect and want the Selectmen to do their homework on every issue.
Further, the Board has not said that the military vehicle could not be outfitted. That was a miscommunication given and clarified by member George Cooper, who stated to the Board that he was given the directive by the Fire Chief but had not gotten around to it.
Paul asked if the assessments on Center Road are going to be adjusted due to the current construction status of being a dirt road. This question will be forwarded to the town’s assessor for response.
Walter Sanborn updated the Board on the condition of the swale that runs between the community building and the Methodist Parrish Hall. Repairs had been made to the culvert prior to the April floods and now the culvert is plugged and water is once again washing over. The trench needs to be filled in with some crushed stone. The Road Agent has looked at the situation. The Board will bring it to the Road Agent’s attention once again.
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Walter informed the Board that the cemetery trustees have addressed the issue at Leavitt Cemetery by hiring Mark Hubbard to put up a chain to prevent cars from driving over the stones to the left of the gate entrance.
Walter Sanborn again addressed his concerns for tractor trailers driving on Main Street. He has followed these trucks and observed that they cannot make the corners without crossing the yellow lines creating a dangerous situation. There are no commercial businesses on this road; they are just using it for a cut through.
The Board is not averse to putting the State on notice by sending a letter of concern.
GENERAL BUSINESS/BOARD DISCUSSION:
Lisa updated the Board on the items sent to town counsel. A letter will be drafted for the King Road property. Counsel is still reviewing the town personnel policies and the fire department’s administrative guidelines. Counsel did not have issue with the Board’s desire to grant an additional extension for the discontinuance of use of the Chichester Country Store property.
Motion Selectman DeBold, second by Selectman MacCleery to grant the request from Mr. Brandon Giuda for an additional extension of six months, from August 30, 2007, of discontinuance of use pursuant to Article IV of the Chichester Zoning Ordinances; the Board of Selectmen hereby grants to the owner of the property located at 257 Main Street, Chichester:
1) The business known as the Chichester Country Store shall have six (6) months from August 30, 2007, to re-open, without being considered a discontinued use.
2) The eight hundred (800) square foot footprint of the two storage outbuildings (24’10” x 19’ and 17’3” x 19’) may be removed for up to six (6) months without being considered a discontinued use. When rebuilding, the owner may use any footprint equaling eight hundred (800) square feet, so long as the new footprint is more than thirty-five (35) feet from the edge of the paved road, and shall meet all other zoning requirements.
No further extensions of discontinuance of use shall be granted. All were in favor. Motion carries.
The Board reviewed again the request from the cub scouts to continue the use of the grange hall for their monthly meetings. The Board is in favor of allowing the scouts to continue their use as long as the group is aware to stay off the stage. It is imperative that no activities take place on or in front of the stage. The scouts will be responsible as always for any damages and are expected to continue with due diligence in the care of the space provided to them.
For the record, Selectman MacCleery wished to clarify the Board’s policy when handling zoning complaints using the form adopted by the Selectmen on July 24, 2007. Selectman MacCleery made the motion that the name of the complainant be kept on file at the Selectmen’s office only and not be made public during a Selectmen’s meeting. Chairman Colbert seconded that motion. All were in favor. Motion carries.
It is not the intent of the Board of Selectmen to publicly identify the person making the complaint, only to substantiate the validity of the complaint and have written documentation on file.
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The Board reviewed correspondence received regarding damage to tire rims due to a pothole on Canterbury Road. Canterbury Road is maintained both by the state and the town. The photos do not identify what portion of Canterbury Road the pothole(s) is located. Lisa was directed to send a letter to the homeowner seeking follow-up with the Road Agent as to location before moving forward on this issue.
The Board discussed their view of Perry Brook Road as a gated road on the proposed plans for the Giuda/Merrill subdivisions. A gated road is not an option; the road has to be open, the Board cited safety concerns, stating a gated road does not give any relief or second avenue for common vehicles. Planning Board ex-officio DeBold will bring the Selectmen’s position to the Planning Board’s attention.
Selectman DeBold informed the other Board members that there will be a Road Advisory Committee meeting tomorrow evening and he is of the opinion a new Selectmen representative should be chosen for this committee. No action was taken this evening.
Chairman Colbert signed the lease/purchase paperwork for the rubber wheeled loader for the highway department. The Case backhoe/loader taken for trade-in is the first payment. This lease/purchase contains a non-funding clause should appropriations for future payments not be supported at next town meeting.
The minutes of July 24, 2007 were approved as written.
All remaining mail and correspondence was reviewed. Payroll and Accounts Payable was signed.
Motion Selectman MacCleery, second Selectman DeBold to adjourn the meeting at 10:25pm. All were in favor. Motion carries.
Respectfully submitted,
Lisa Stevens
Administrator
______________________ _______________________ _______________________
David Colbert, Chairman Richard DeBold Stephen MacCleery
NOT YET APPROVED
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