Chichester Board of Selectmen
SELECTMEN’S MINUTES
May 13, 2008
MEMBERS PRESENT: Chairman DeBold, Selectman MacCleery, Selectman Jordan and Administrator Lisa Stevens.
Chairman DeBold opened the meeting at 7:00pm.
SUBJECT: Department Heads
PRESENT: David Kenneally, Road Agent; Gil Vien, Fire Chief; John Martell, Emergency Management Director; Patrick Clarke, Police Chief; Dave Paveglio, Building Inspector; Mike Paveglio, Deputy Building Inspector and Carolee Davison, Treasurer
PD – Patrick has forwarded all dog complaints on file for the Levitina property to the Board of Adjustment as requested. According to the agricultural RSA’s, dogs that are guarding sheep are exempt from the barking violations, but not sure about all the other dogs on site. The department has erred regarding the proper procedure for serving a civil forfeiture regarding the complaints. Unless the police officer is witness to the offense, the owner must be given the identify of the person who filed the complaint at the time the forfeiture is served. The Board of Adjustment has continued the hearing on this matter until May 28th.
Patrick submitted the final agreement paperwork for the OHRV Patrol Grant. Authorization is needed by the Board of Selectmen. Chairman DeBold signed the grant paperwork on behalf of the Board.
Patrick summarized the meeting held on Monday with who he referred to as the Space Needs Committee, to address the liability issues brought forth from the Local Government Center and the proposed expansion project for the police station, scheduled in the CIP for 2009. The group is looking into the feasibility of renting modular office space for a two to three year period. This is the projected time frame before the new space would be finished. The first step is going to be an assessment of the current space needs for both the fire and police departments that share the space in the safety building to determine if renovating the existing building is possible. Chairman DeBold has joined the group as the Selectmen representative and explained he will be looking into prices for rentals as well as the
possibility of purchasing the modular at 84 Suncook Valley Road. Pat asked Selectman MacCleery and Selectman Jordan for their thoughts or suggestions to clear up the current problems. Selectman MacCleery made reference to the LGC letter in which it first states four full-time officers and six part-time officers and then goes on to state the need for space for ten officers. Selectman MacCleery felt this seemed to be mis-represented by LGC, because you would not have ten officers all working in the same space at the same time.
Pat stated it boils down to liability, not how many people are there at one time. Pat continued by stating he has the impression the Board got more worked up over the fire department T-shirt issue than the concerns stated in the letter from LGC.
Chairman DeBold asked the other two Board members to give some thoughts to the committee or come to the next meeting scheduled for June 2. Pat is discussing options with Pittsfield, and it may be possible to breakthrough one of the walls that comes out into the fire department’s supply room for a second egress from the police department. The Welfare office will have to be re-located and the software switched to the coordinator’s laptop.
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Pat reported that Officer Corbett is ill and currently at the hospital. He will know more later this evening.
Selectman MacCleery asked the Chief if he was planning on lettering the new cruiser. Pat responded
no. Selectman MacCleery asked for his reasoning behind that and Pat stated money was tight for outfitting and he feels by the vehicle being more inconspicuous, the department has a greater chance of coming upon someone doing something wrong. Selectman MacCleery stated his opinion was that this is a small town and the department is a big expense, the people like the visibility and want to see the police patrolling. Chairman DeBold stated he would defer to the Chief’s view on this matter.
BI – Mr. Paveglio reported that all the folks on the 2009 Building Permit Waiting List, have been moved down or requesting to stay where they are. The 2008 list is full and complete. A waiting list for 2010 will begin.
Mr. Paveglio has received building plans for the Tractor Supply Store. The store will be just less than 20,000 square feet. He will review the plans this week. Mr. Paveglio submitted a letter outlining a complaint received for an unfinished barn on Connemara Drive. The permit expires on May 14, 2008. The Board will review and discuss a course of action.
EMD – All Set this evening.
FD - Gil has not had a chance to pull the transmission out of Forestry #3 yet, however, he has discovered it is now leaking gear oil.
Selectman MacCleery asked the Fire Chief to bring to the Board the incident he spoke to him about over the weekend. Chief Vien issued a burn permit to a resident at 129 Webster Mills Road and then drove next door to Warden Stock’s residence to deliver a copy of the permit. Mr. Stock was in the yard and Gil handed him the permit at which time Mrs. Stock came out of the house and ordered Gil off the property, using foul language. Neither Mr. Stock nor Gil made any comment. Gil left the property. Gil stated to the Board that communication between the two gentlemen is not going to work. Gil will not step foot on the Stock property again. Gil has relayed this information to Ranger Miner.
Library/Treasurer – Carolee inquired if the landscape contractor was the same as last year because they had broken the outside spigot and have not yet replaced it along with smudging one strip of siding. The Board informed her it was the same contractor and Patrick knows the contractor and offered to contact them and remind them of this repair. On the Treasurer side, she is checking the cash flow on a daily basis and communicating with the School Treasurer as well. In the meantime, documents are being compiled at the banks’ request in the event the Town has to borrow money. Cash flow is very tight and it is more than likely the Town will have to borrow. Lisa cautioned all departments to put off any expenses possible until after June 30th.
HWY - The department is working on getting the driveways ready for paving next week on Center Road. Mr. Kenneally discussed the quote from Pike Industries and the Board’s decision that any additional costs must be pre-approved. Mr. Kenneally explained that overages do happen and he requested the leeway should the job run over, to take the money out of the highway budget. The Board clarified what their decision had been was relative to the three days (plus or minus) the quote listed for the grading and compaction work prior to the asphalt going down. Selectman MacCleery’s opinion was no, a contract is a Page 3
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contract and asked if the Town Engineer was going to be present during the paving. The Road Agent responded no, I’ll be there asked if the Board wanted the Town Engineer present. Chairman DeBold and Selectman Jordan stated no. Mr. Kenneally stated the tonnage estimated is going to be close, usually the quote is under but you never know. Selectman MacCleery stated if Pike quoted 20 tons and only uses 10 tons, the Town pays for the 20 tons. Mr. Kenneally stated that is not true, we pay by the scale slips. Selectman Jordan commented that it is not an exact science. Chairman DeBold stated if the tonnage is slightly over, he did not have a problem with that. Again Mr. Kenneally asked if he had the leeway to go over the quote, he was not asking for it to be open
ended, what amount did the Board recommend? Selectman Jordan asked if Mr. Kenneally needed the answer tonight. Chairman DeBold stated he would defer to the Road Agent’s judgment and oversite of the project but the Board should set a limit. The Board discussed a $5,000 limit and the Road Agent stated he was comfortable with that. Selectman MacCleery was considered that once the contractor was allowed to go over, how do you stop. Pike should finish the job for what they bid. Selectman MacCleery would like further review of the Pike contract. The Board will review the contract and have an answer for Mr. Kenneally next week.
Mr. Kenneally discussed a request received from his contractor for trucking services. Due to the fuel costs, the Road agent is recommending a $5.00 dollar hourly increase as a fuel surcharge. The current hourly rate of $50.00 has been stable for the last three years yet fuel costs continue to rise. Selectman MacCleery stated, so when the price of fuel drops will the price go back down to $50.00? The Road Agent responded that if the price of fuel drops in half in six months, he will recommend the price go back down. Selectman MacCleery stated his opinion that the town should be using tri-axles more and he doesn’t think they should be hauling material to the shed to stockpile. We should be hauling directly to the job site and paying by tonnage hauled. Mr. Mayville,
the trucking contractor, commented he could do that, it works out better for him, the town will pay more, the reason he uses a two axle truck is because that is the size the Road Agent specified. The Road Agent stated he did not agree with Mr. MacCleery, it is not cheaper if you looked at it all the way around. Selectman Jordan asked if the reason they stockpiled was because they couldn’t get the material when they needed it. Mr. Kenneally replied no, he preferred the smaller truck because he could place the load of material where he wanted it. There are too many roads in town where Concord Sand & Gravel can’t get to, no turn arounds, roads too narrow, overhead wires. The Board agreed to increase the hourly amount paid for contracted trucking to $55.00 per hour.
Selectman MacCleery discussed a phone call he received regarding the type of material that had been put down on Hilliard Road and asked the Road Agent why he was using the stone over there. Mr. Kenneally explained that he was using pea stone to help keep the dust down, pea stone packs better and the town is going to being hauling over this road alot in the near future.
SUBJECT: Hilliard Road maintenance
PRESENT: Darren & Kelli Lavalley, David Kenneally
Mr. Lavalley requested the Board come up with some kind of maintenance plan for Hilliard Road instead of waiting for the road to break up before it is graded. The current method doesn’t appear to be working in his opinion. Mr. Lavalley suggested the road be raked every two weeks, right now the road is rakeable. Mr. Lavalley believes too much time goes by between gradings. Potholes are a problem on the road in the summer. Mr. Kenneally stated he is willing to grade on a plan the other way but you will start to get complaints about the dust level. We will need to use more calcium on the road to keep the dust down. Mr. Lavalley commented that he understands the issues of a dirt road and that this is a high maintenance road with heavy traffic but the road gets to an unacceptable
level and the current situation is not working.
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The Lavalley’s have spoken to David in the past on this issue and have followed his recommendations to drive slow after the road has been graded but it has made no difference. Perhaps the road could be compacted after it has been graded. It might also help the squirrely section where the pea stone was used. Mr. Kenneally stated he was willing to give that option a try. He has used the pea stone on Hutchinson Road and it has worked very well. Mr. Kenneally may be able to use a compactor from Pike Industries for just the cost of fuel. Mr. Lavalley stated he is not complaining, saying Dave is not doing a good job; just can we try a different plan? Mr. Kenneally is willing to try. The road has been graded more than once already this spring, a log of all grading is kept to be
fair both the residents and the department.
GENERAL BUSINESS/BOARD DISCUSSION:
A discussion took place regarding the Space Needs Committee mentioned earlier by Chief Clarke. The Selectmen have not formally established such a group. Chief Clarke has asked for assistance from friends and colleagues to work on a plan for the proposed expansion to the police department, as listed in the CIP
for 2009. Chairman DeBold stated his opinion that the Selectmen should formalize the committee, and recognize the group that met Monday night as members. The Board formally established a Space Needs Committee with the following people as members; Patrick Clarke, Richard DeBold, Selectman representative, Mike Paveglio, Lisa Drouse, Lisa Stevens, Gil Vien, Earl Weir and Dennis Call. Selectman MacCleery would like to see more diversity on the committee. Chairman DeBold felt it was a good group of people who all brought something different to the mix. Lisa was directed to put a notice in the newspaper and on the web, seeking more members for this committee and seeking candidates for openings still vacant on other boards and committees.
The Board discussed the outstanding zoning issues:
Drew – has until the 16th of the month to schedule an appointment with the PB before further action can occur.
Levitina – There has been no response to the PB and the time frame for appeal to the Board of Adjustment has passed. The Board directed Lisa contact the town attorney and proceed forward with the case.
Chucksters – The owners have addressed the light trespass into the Steven’s home. Chairman DeBold has spoken to the town engineer regarding the ability to have lighting compliance inspected. The engineering firm has purchased a lumen meter and is capable of conducting such a review. The Board discussed the cost of such a review and what mechanism if any was in place to charge that cost to the owners or developers. The PB has the ability under statute to establish an escrow account and collect money from an applicant for any associated engineering or review costs determined necessary for the application. What is not clear is how towns handle established businesses. Lisa was directed to research any enforcement procedures that appear relevant and inquire with
other towns as to their process.
Chairman DeBold received a request to allow a handicapped vehicle to park beyond the chain, closer to the field at Carpenter Park. The Board did not have an issue with that request. Selectman MacCleery informed the other two Selectmen that parking violations are occurring at Carpenter Park. People are moving the chain and parking closer to the field and ignoring the No Parking signs along the road.
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Chairman DeBold read the Resolution of the Governing Body for the authorization of the lease/purchase agreement with Municipal Services Group for the new ambulance. Motion Selectman MacCleery, second Selectman Jordan, to appoint Chairman DeBold as the agent authorized to sign all documents on behalf of the Board, pertaining to this lease agreement.
Selectman MacCleery asked to review the contract with Pike Industries for paving Center Road. The Board discussed the quote relative to the amount of tonnage of asphalt quoted to complete the job and if the Town should allow for any overages as to what was quoted. Selectman MacCleery’s opinion is that the town will be obligated to pay for the tonnage estimated, regardless if all of it is used and further the Board should not give Pike the option to go over what was quoted. Selectman MacCleery stated, a contract is a contract. Lisa pointed out the disclaimer on the bottom of the contract regarding the contractor’s policy on alteration to the scope of work and or any extra costs will be executed only under written order for additional labor or materials. Lisa was directed to
contact Pike Industries and ask how the Town would be charged for the tonnage, as estimated or actual used.
Selectman MacCleery still feels the Town Engineer should be present during the paving. The other Selectmen felt that was not necessary to incur that additional cost, the engineer would be out to inspect that the road was ready for pavement and the Road Agent will be present during the paving.
The Board signed a tax levy for map 6, lot 8-a, Monroe, in the amount of $622.29.
The Board discussed the request from Barloe Homes for refund of two impact fees paid at the time of building permit issuance in 2006. Neither lot has begun construction. The Board reviewed the research Lisa had conducted regarding the date of the change to RSA 674:21, relative to the time of collection of impact fees. The statute was amended in 2005, stating that municipalities shall collect the impact fee at the time of issuance of the Certificate of Occupancy. The Board approved the refund request and directed Lisa to forward to the Treasurer for handling.
Mail and correspondence were reviewed. Accounts payable and payroll were signed.
Motion second Chairman DeBold, second Selectman MacCleery, to adjourn the meeting at 9:45pm.
All were in favor. Motion carries.
Respectfully submitted,
Lisa Stevens
Administrator
Approved As Corrected 5/20/2008
______________________ _______________________ _______________________
Richard DeBold, Chairman Stephen MacCleery Jeffrey Jordan
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