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Selectmen Minutes 07/08/2008
Chichester Board of Selectmen
SELECTMEN’S MINUTES
July 8, 2008

MEMBERS PRESENT:  Chairman DeBold, Selectman MacCleery, Selectman Jordan and Administrator Lisa Stevens.  

Others present: Alan Mayville

Chairman DeBold opened the meeting 7:00pm.  

The meeting was being video taped this evening.

SUBJECT: Department Heads
PRESENT: David Kenneally, Road Agent; John Uitts, Deputy Fire Chief; David Paveglio, Building Inspector; Mike Paveglio, Deputy Building Inspector, John Martell, Emergency Management Director, Patrick Clarke, Police Chief, Stephen Stock, Forest Fire Warden

FFW - Mr. Stock reported the forestry pants are on order.  Today is a moderate Class II day.

PD - Patrick informed the Board that he has issued a directive to his personnel that in light of the increasing fuel expense, the cruisers are to remain in a stationary location for ten minutes every hour and or parked at the station for ten minutes while the officers work on paperwork.  This should allow the fuel cost consumption to remain within the budget.

An additional sobriety checkpoint will take place soon.

Selectman MacCleery inquired whether or not the Space Needs Committee has met again.  They have not; the next meeting is scheduled for July 14, 2008.  An inspection of the potential trailer is scheduled for July 10th.   

Clarification is needed by the Attorney General’s office in regards to the town accepting the OHRV Grant.  Motion Selectman MacCleery, second Selectman Jordan, that Richard DeBold, as Chairman of the Chichester Board of Selectmen, has the authority to accept and sign the OHRV Grant on behalf of the Town of Chichester.  The vote was unanimous.

Pat wished to discuss the sample timesheet.  The Board deferred this discussion until the end of the department head segment.

EMD – Emergency Management was all set but Mr. Martell would like to discuss the Road Advisory appointment.  The Board expressed they would discuss that matter later in the evening.

FD – Deputy Chief Uitts informed the Board that all is quiet at the moment.  The department did respond mutual aid to a structure fire in Pittsfield last week.

Selectman MacCleery informed the body that he had received a response back from mechanic Lenny Gilman stating he has not been able to locate parts for the transmission repair on the forestry truck. Mr. Gilman’s opinion is that the transmission is too small, not enough torque and the suggestion to try Federal Surplus for a used transmission was made. It appears the current transmission may not be worth fixing.  Mr. Uitts will inquire with surplus and also Memphis Truck for options.


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HYW – Mr. Kenneally requested the Board pass all complaints received for his department in writing with the complainant’s contact information.  Mr. Kenneally stated there would be less chance of matters getting dropped and he could make sure that things were getting followed through, such as the matter with a department member being seen in Epsom during the work day.  Selectman MacCleery stated that the scene in Epsom was used as an example and took place months ago. Chairman DeBold summarized the consensus of the Board’s discussion last week on how complaints/concerns/phone calls were to be handled by the Selectmen with the intentions clearly stated in the minutes.  Going forward, the Selectmen will first direct the inquiry to the appropriate department head to address.  

Mr. Kenneally next discussed the potential for pricing conflict with the purchasing policy requirements of three written quotes and prior approval from the Board before hiring the tree service to remove trees on Mason Road.  The grinding/paving work is scheduled for next week and ditch line work and trees need to come down prior.  Mr. Kenneally is not sure he can have those prices available in time for the Board meeting next week.   If he has to reschedule the paving work, the current price will not stand.

Mr. Kenneally is concerned with what appears to be all these changing policies with the new board when everything was working fine.  He has heard there is concern with contractors using the town shed to fix their vehicles; it was always okay as long as they were under contract.  Selectman Jordan responded that he had received a phone call from a resident requesting to be scheduled for use of the highway shed.

The Board’s understanding of that arrangement was that this was allowed for plow operators under contract with the intent of getting the piece of equipment back up and running as soon as possible during a storm. Selectman MacCleery further stated this was intended for minor repairs only.  

Mr. Kenneally gave his opinion that this directly affects him and is a slap in the face to the contractor who works almost exclusively for the town, volunteers his time to help with things such as the removal of the fire escape and offers us free use of his trailer to haul equipment.  The contractor uses his own tools. Mr. Kenneally stated this will hurt us more than it will hurt him.  Mr. Kenneally asked the Board what the department was doing wrong that the Selectmen are feeling the need for new policies every week.  

Chairman DeBold posed the question, would the use of the highway shed be available to all vendors, such as the tree cutting vendor to fix their chipper, or Pike when their paving in Town, would you allow them the use of the shed to fix it?  Mr. Kenneally responded, why wouldn’t you if it’s to our advantage, a couple of hours down time can make a big difference versus the shed right there to fix it.  Selectman MacCleery stated the difference is, a couple hours not a couple days.

Mr. Mayville stated it was his truck that was being discussed and the Board would not have to worry about this issue because it won’t be there again.  Mr. Kenneally allowed the repair as a favor to him as a convenience and now he is in trouble. Mr. Mayville commented in a raised voice, if you guys are so small, I’ll bring you in phone books.  Chairman DeBold asked Mr. Mayville to keep his temper down and to act civil, and stated Mr. Kenneally was not in trouble and that we are just discussing the issue at the moment.   Chairman DeBold restated that the issue of the use of the shed by private vendors was raised by Selectmen Jordan last week, that it was discussed by the Selectmen at that time and that no decision was made at all, it was just discussed. Mr. Kenneally stated it appears the Board wants to be involved in his day to day business and is tightening the rope on his department. Mr. Kenneally stated the Road Agent is in charge of his budget and his building.  The highway’s budget has gone through the Selectmen and the Budget Committee and the Town Meeting.  Now we seem to be micro managing with all these new policies, complaint policy, bidding policy, new timecards.

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Chairman DeBold suggested to Mr. Kenneally that he seemed to be somewhat over sensitive and that he should not overreact to issues that the Board may have simply discussed but with no action being taken, such as the use of the highway shed by private vendors. Chariman DeBold also added that as far as the new bidding policy, that was an item that has been on the table for ages, even back to the previous Board, and that the new Board was now addressing it.  And the new ‘uniform’ timesheet for all Town employees, as stated earlier, is only logical and reasonable for a municipality to have.   Mr. Kenneally brought up his belief that complaints used to have to be in writing and signed by the person filing the complaint.  The Board believed that pertained to zoning complaints only.  The consensus of the department heads was that any and all complaints could not be filed anonymously. Chief Clarke mentioned that he did not recall that general complaints, other than Zoning complaints, had to be in writing.  Selectman MacCleery stated he has defended department heads in the past and he has been forwarded the department heads contact numbers.


Selectman Jordan commented on the good job the highway department had done on the banking behind the salt shed.   Mr. Kenneally stated that material saved the town a lot of money.

Mr. Luksza has contacted the Road Agent for a driveway permit.  Mr. Kenneally has not caught up with Mr. Moses as yet regarding his current driveway construction on Horse Corner Road.

The department continues with the shimming on Canterbury Road.  Once the paving on Mason Road is complete, the department will be concentrating on phase III of the ditching project.

BI – Things are very slow.  Building is off by 20 percent in the area and Chichester is no exception.

Selectman Jordan has not confirmed as yet, the completion of the barn siding on Connemara Road.  Mr. Paveglio offered to make a site visit on this outstanding zoning violation.

Chief Clarke stated a site visit was performed by the police department on the Doucette property to confirm the status of the unregistered vehicles/junk removal.  Follow up is needed with the town clerk.

DISCUSSION:

The new timesheet format – Chairman DeBold expressed to the department heads that while he was not present at the last department head meeting, he has been brought up to date with the department’s concerns and stated that in his opinion it was not unreasonable for a town to have a uniform time sheet and that he personally did not have any agenda with this issue.  The remaining board members voiced their agreement with Chairman DeBold’s statement.  The body reviewed and discussed the sample timesheet drafted by the Town Administrator.  Comments from the department heads were for minor formatting changes that can be easily incorporated into this format; room to allow for multiple shifts on the same day, additional codes that are department specific.  The Road Agent stated he could get the format to work but it would be too complicated to continue to allow employee Vien to address fire calls when working for the highway department.   The Road Agent stated he would look to the Board for support of that decision.  This was a huge advantage to the town.

The department heads’ agreed to bring any and all concerns to the Town Administrator for finalization of the new format.

Mr. Martell then addressed his outstanding request to be appointed to the Road Advisory Committee.  The Board had stated at the last department head meeting that they would reconsider that appointment once a full board was sitting.   Chairman DeBold once again stated he was in favor of John’s appointment and felt that John was a
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strong candidate for the committee.  The remaining board members stated they would discuss the issue later on this evening.

The proposed No Thru Trucking Policy was reviewed and changes discussed.  The ordinance enactment will require a public hearing.  Lisa will finalize and forward to the Local Government Center for review.

Discussion pursued on the establishment of a sidewalk policy.  The Road Agent asked the Selectmen what their intentions were.  The response was not to maintain them in the winter.  What level of maintenance such as sealing cracks, removing debris, would be inclusive of the policy was discussed.  

Lisa will work with the Road Agent for wording of this policy.  The expectation is that a policy will be in place before next winter season.

Selectman Jordan relayed a phone call he received regarding trash dumped on Horse Corner Road.  The office received a similar call inquiring whether the town was performing trash pickup or roadside cleaning.  The Belanger residence has had trash bags left on their front lawn.  The town was not involved in this incident.  Chairman DeBold offered to look into the matter.  

GENERAL BUSINESS/BOARD DISCUSSION:

Chairman DeBold reported to the Board that he has followed up at the Patten residence regarding the unregistered vehicles complaint.  The homeowners are making process and working diligently to remove the unregistered cars.  The Board will monitor the situation periodically from this point forward.

Selectman Jordan requested the Board consider filing an appeal to the Board of Adjustment regarding the recent denials granted from the BOA regarding the recent Planning Board approval of the Chucksters, LLC. expansion project.  A lengthy discussion took place regarding the interpretation of town counsel opinion relative to the BOA’s authority to hear the first appeal, that of the PB allowing a conditional approval for the project.  Concerns discussed included; BOA procedures and PB authority, were procedures followed correctly, are there grounds for the Selectmen to file an administrative appeal; was the correct appeal requested; can regulations be appealed or the just the zoning ordinance, time frame of approval and deadline for filing an appeal, can an appeal be filed on a conditional approval or does an abutter have to wait until final approval is met, how does an abutter now when final approval has been satisfied.  After this discussion there appears to be some confusion on what the BOA should hear for appeals. The Board agreed to have Selectmen MacCleery contact BOA Chairman Ed Meehan to discuss the possibility of the BOA holding a meeting with town counsel to address these questions.  No decision was made this evening relative to the Selectmen filing an appeal against an Administrative Decision by the Board of Adjustment.

Mail and correspondence were reviewed. Accounts payable and payroll were signed.

Through the efforts of PB secretary, Jamie Pike, the Town of Chichester has been awarded a grant for a comprehensive examination of community visioning to prepare for a comprehensive update of the town’s Master Plan.  Motion Chairman DeBold, second Selectman MacCleery to accept the Level II funding of $9,500.00 to receive a Municipal Housing Grant from the Office of Energy and Planning.  The vote was unanimous.  

Lisa relayed a phone message received regarding a zoning complaint filed on map 3, lot 111, alleged illegal home business.  The caller has dropped the complaint.  No further action will be taken at this time.

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The Board briefly discussed the re-consideration for appointment of John Martell to the Road Advisory Committee.  Lisa was directed to contact Chairman Call again and seek a current membership roster and attendance record.  No decision was made this evening in regards to Mr. Martell’s appointment.

Chairman DeBold expressed his concern over the apparent miscommunications the Board has heard regarding the two recent fire pond proposals.  Lisa was directed to schedule the Fire Chief for an appointment with the Board next week.

Selectman MacCleery inquired the revenue amount from scraping the fire escape.  Lisa will check with the highway department.

The minutes of July 1, 2008, were approved as written.  

Motion Selectman MacCleery, second Selectman Jordan to adjourn the meeting at 9:55pm.  The vote was unanimous.



Respectfully submitted,                                                 

Lisa Stevens
Lisa Stevens                                                    
Administrator                                                           Approved as written.
                                                                                



______________________            _______________________         _______________________  
Richard DeBold, Chairman                  Stephen MacCleery               Jeffrey Jordan