Chichester Board of Selectmen
SELECTMEN’S MINUTES
August 14, 2007
MEMBERS PRESENT: Chairman Colbert, Selectman DeBold, Selectman MacCleery and Administrator Lisa Stevens.
Chairman Colbert opened the meeting at 7:00pm.
SUBJECT: Department Heads
PRESENT: David Kenneally, Road Agent; Gil Vien; Fire Chief, John Uitts: Deputy Fire Chief; Patrick Clarke; Police Chief
PD – Chief Clarke reported the Special Operations Unit was utilized in Chichester during the recent search and rescue of an individual needing medical attention. Over one hundred people were involved in this search.
Chief Clarke has received notice that an audit will be conducted regarding the Homeland Security Grant the police department was awarded in 2003 in which the department received two portable radios.
Chief Vien has approached Chief Clarke regarding the disposition of the 2002 Ford Explorer. The explorer is currently being used for detail work only until it is sold at State auction in the fall.
The department has received the OHRV grant from New Hampshire Fish & Game.
HYW – With Mr. Bill Clark in attendance, the condition of Canterbury Road was discussed as it relates to the amount and condition of the pot holes Mr. Clark believes led to the damage of his tire rims. Mr. Clark has taken the car to a Volvo dealer for a second opinion and submitted a revised estimate for damage to only two rims. Mr. Clark believes the Town to be negligent because the Road Agent and a subcontractor for the highway department live on that road and the number of pot holes to be excessive.
The Selectmen once again reviewed and discussed RSA 231:92 – Liability of Municipalities: Standard of Care, specific to insufficiencies and negligence.
The Road Agent stated the highway department has performed pothole maintenance during the months of April, May and June. Mr. Kenneally stated the pot holes are not from neglect but that the road is in very bad shape and is just not holding up. After every rain, there are new pot holes on that road. Mr. Clark has not contacted the Road Agent or any highway employee to complain about the condition of the road or any suspected damage to his vehicle. Mr. Clark and Mr. Kenneally differed in opinion as to the severity of the potholes.
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Selectman DeBold feels that some responsibility lies with both parties.
The Board will review all documentation and make their decision later this evening.
The Road Agent requested authorization to spend $8,200-$8,500 for Impact Fees for the construction of a new steel sander rack. The sanders are not safe where they are currently located. The removal of 6-10 trees is necessary. Mr. Kenneally has met with the Conservation Commission at the shed to discuss the tree removal and expressed the importance of the time frame in which to hear back from the commission. The commission indicted to Mr. Kenneally that their decision could take a few months. Mr. Kenneally asked the Board for their assistance in expediting this matter. The Board instructed Mr. Kenneally to follow up with the commission chairman. No decision was made at this time for the expenditure of impact fee monies.
The Board directed the Road Agent to fill in the ditch running between the Community Building and the Methodist Parrish Hall with stone large enough to hold the water runoff as soon as he could get to it.
One more day of ditching will be done on the Center Road reconstruction project.
Clarification on the Mayville Invoice was requested by the Selectmen. The Board was questioning how the time was distributed to different lines within the highway budget. Mr. Kenneally stated it was his job to keep track of who was doing what and for how long.
An Intent to Cut has been filed for the Blackman property. The Board discussed the necessity of filing a bond for protection of the stone culvert commonly referred to as Blackman Bridge. The Board agreed to follow the same procedure as in the past and require Mr. Blackman to post a $10,000 bond.
FD – Chief Vien reported the department has $660.00 dollars worth of unexpected expenses due to the eleven hour search and rescue call last weekend.
The Chief proposed that the fire department take possession of the 2002 Ford Explorer instead of selling it at auction, and swapping the fire department blazer with the highway department blazer. The Chief has looked at the needs and condition of all three vehicles and is trying to keep the costs for the town to a minimum. A used transmission for the explorer is about $800.00.
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The Chief discussed the upcoming need for replacement of the ambulance. The CIP lists the replacement year as 2010. Also, the 1990 ambulance is no longer reliable, there are mechanical problems and parts are rotting out. The cost of replacement comes from the special revenue funds. Chief Vien has researched lease/purchase options and presented documentation to the Board for their review. The time frame for building a new ambulance can take up to seven months. As of October 1st, the cost to build will be increasing seven percent.
The twelve lead defibrillator is not up to current State specifications. This is a piece of life safety equipment. Chief Vien requested authorization to purchase a new twelve lead defibrillator for the cost of $18,231.00 using impact fees. No decision was made by the Board at this time.
As to the request from former member Fehr, regarding the final hepatitis shot, Chief Vien reported the Town is under no legal obligation to provide for the third shot and further no documentation can be found authorizing this member to begin this shot regiment.
On the subject of safety concerns, Selectman MacCleery had inquired as to department protocol. Chief Vien explained that yes it is department protocol to bring safety concerns to the safety officer. The department has been without a safety officer during the last few months and Chief Vien has just promoted member Matt Cole to a position of safety coordinator. All concerns should be brought to this member as the first step in the process.
SUBJECT: Public Hearing – Acceptance of FEMA funds
Chairman Colbert opened the public hearing at 8:22pm. Chairman Colbert stated the purpose of the public hearing was to accept and expend the FEMA reimbursement funds in the amount of $27,063.55 from the April 2007 Nor’Easter.
The Road Agent asked permission for the Board of Selectmen to authorize the expenditure of the FEMA monies in the event the highway department budget comes up short at the end of the year.
Motion Selectman DeBold, second by Selectman MacCleery to accept and expend the FEMA reimbursement funds in the amount of $27,063.55. All were in favor. Motion carries.
SUBJECT: Interviews for position of Office Assistant
Motion Chairman Colbert, second Selectman DeBold to enter into non-public session at 8:30pm, pursuant to RSA 91-A:3,II(b), for the purpose of hiring any person as a public employee. The Chairman called for the vote. MacCleery – yes; DeBold- yes; Colbert – yes. All were in favor. Motion Carries.
The Selectmen returned to public session at 9:20pm. Motion Chairman Colbert, second Selectman DeBold to seal the minutes of the non-public session for one year. The Chairman called for the vote. MacCleery – yes; DeBold – yes; Colbert – yes. All were in favor. Motion carries.
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GENERAL BUSINESS/BOARD DISCUSSION:
Selectman DeBold again stated his desire to be replaced on the Road Advisory Committee due to upcoming commitment issues with the Planning Board and the Parks and Recreation Commission.
Selectman DeBold updated the other Board members on his review of the contract with CLD Engineering for professional services. The contract does not state a length of term, and does not address the issue of insurance or indemnification. The Board directed Selectman DeBold to clarify these points with CLD.
The Board briefly discussed the request by Mr. Fehr for the Town to authorize and pay for his final hepatitis shot. The Board did not agree to this request and directed Lisa to notify the Fire Chief of this decision.
The Board discussed at length the matter of Mr. Stock’s request for the Board to review the tape and documentation relative to his demotion and termination from the Fire Department. Both Chairman Colbert and Selectman DeBold reviewed the tape and have not learned anything new or gained any substantive information to request the Fire Chief reverse his decision. The Board felt the reasons cited by the Fire Chief were serious in nature and justifiable grounds for removal. All three Selectmen were not in favor of over-riding the Fire Chief’s decision.
The bids for the sale of Town property, map 4, lot 48, located on Towle Road were discussed. Motion Chairman Colbert, second Selectman MacCleery to reject both bids received. The Chairman called for the vote. MacCleery – yes; DeBold – yes; Colbert – yes. All were in favor. Motion carries.
The discussion that followed included what if any plan the Board has now for this parcel.
The bids submitted did not meet the expectation of value for the lot. Debated was at what cost or use of this parcel was in the best interest of the town. Selectman DeBold suggested the Board re-bid the parcel and advertise the bid in a broader area. Motion Selectman DeBold, second Chairman Colbert to re-advertise the bid for the sale of the town property, map 4, lot 48, in a newspaper of larger circulation. The Chairman called for the vote. MacCleery – no; DeBold – yes; Colbert – yes. Motion carries.
The Board discussed the request from Mr. Clark for reimbursement of damages to two of his tire rims allegedly caused from the potholes on Canterbury Road. Nothing conclusive was presented to prove the damage happened on Canterbury Road or that the Town was negligent. The Selectmen were not in favor of making payment for the damages. Lisa was directed to notify Mr. Clark of the Board’s decision.
The Administrator updated the Board on the status of the current zoning violations;
All owners have been notified to remove the parked vehicles advertised for sale at the corner of Webster Mills Road and Rte 28.
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Mr. Crannell has been served his notice of unregistered vehicles and has provided the office with documentation on the vehicles. The trucks are classified as antiques and the law allows up to five unregistered, however the vehicles must be shielded from view. Mr. Crannell is working on the construction of a barn in which the vehicles will be housed. Mr. Crannell has asked the Board to allow him until the end of September to complete the barn. The Board directed Lisa to follow up with the building inspector to see if a permit was in place for Mr. Crannell’s barn.
Correspondence to the Douthart Estate requesting removal of the mobile home that was permitted as an elderly use has been returned unclaimed. An attempt will be made to secure current contact information from the realtor listing the property.
A response received from Mr. Mullaney regarding his Bailey Road property stated his tenants held the pony rides as a one time event. The Board will monitor the situation.
The letter to Mr. Daniels on King Road regarding the construction allowing for a single family dwelling only, has been sent.
The Intent to Cut for map 1, lot 23 was signed with the condition of a $10,000 bond posted by Mr. Blackman.
The Board approved the request by the Historical Society for repairs/reconstruction of a railing at Thunder Bridge. Mr. Reinhardt will make the repairs.
The public hearing for the acceptance of Healy Pasture Road as a Class V Town road has been scheduled for September 4, 2007.
The scheduling of a regional meeting between Select Boards has been tabled indefinitely.
Accounts payable and payroll were signed.
All mail was reviewed.
The Board approved the minutes of August 7, 2007 as written.
Being no further business, the Chairman adjourned the meeting at 10:43PM.
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Respectfully submitted,
Lisa Stevens
Administrator
______________________ _______________________ _______________________
David Colbert, Chairman Richard DeBold Stephen MacCleery
APPROVED AS CORRECTED
8/21/2007
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