Chichester Board of Selectmen
Minutes of Meeting
July 22, 2008
Members present: Chairman Richard DeBold, Selectman Stephen MacCleery, Selectman Jeffrey Jordan, and Administrative Assistant Jamie Pike.
Other present: Road Agent David Kenneally, Building Inspector David Paveglio, Deputy Bldg. Insp. Mike Paveglio, Police Chief Patrick Clarke, EMD John Martell, Fire Chief Gil Vien, Deputy Fire Chief John Uitts, Fire Warden Stephen Stock, Moderator Doug Hall, Chris Weir, William Stevens, and Allen Mayville.
Chairman DeBold called the meeting to order at 7:00pm
Department Heads
Building Inspector: Mr. Paveglio commented on the letter he had sent to the Board last week concerning the completion of the siding of the barn located on Connemara Drive. It was also of comment that Ms. Ledoux will be moving forward with the replacement of her home on Swiggey Brook Road. Ms. Ledoux has previously received a variance from the ZBA for this purpose. Tractor Supply is moving along quickly, and is preparing to install the signage on the property. The building should be completed by mid September with an opening mid October. Mr. Dave Hussey has contacted Mr. Paveglio to discuss a subdivision of his land.
Road Agent: Mr. Kenneally reported that Mason Road has been finished and awaiting for Pike to complete the paving. Both the blasting company and the tree company did good jobs.
Mr. Kenneally presented the Board with the received Winter Sand prices and cost breakdowns. Mr. MacCleery asked if Mark Drew had submitted a bid yet. It was stated that he has not, and Mr. Kenneally will follow up with Mr. Drew.
Mr. Jordan questioned Mr. Kenneally concerning the new driveway on Blackman Road. Mr. Kenneally stated that this driveway permit was issued for Short Falls Road and has yet to re-issue the permit for Blackman Road and has contacted the land owner so this may be accomplished.
Mr. Jordan also questioned Mr. Kenneally concerning the Driveway permit for Brent Moses. It was noted that a permit has been issued but the driveway was not properly constructed.
EMD: Nothing to report.
Fire Department: Chief Vien had nothing to report.
Mr. Mike Paveglio (former Fire Chief) informed the Board that he did not accept the construction of the Fire Pond on the Ferman property. On September 16, 2006, Mr. Paveglio met with the Fermans and the Conservation Commission to view the construction of the pond and hydrant. It was then noticed that the hydrant had been constructed in the wrong location. It was explained to the Fermans at that time because of its location, a stump and a tree would have to be removed and a gravel drive added to access the hydrant.
Police Department: Chief Clarke stated that there will be a sobriety checkpoint in the forthcoming week.
Chief Clarke submitted to the Board a copy of the inspection report on the mobile home that was being looked at for purchase. The Space Needs Committee has not met to review this report.
The speed radar trailer has been positioned on Center Road. It was reported that Officer Wright clocked a vehicle traveling 108mph on Center Road.
Forest Fire Warden: Warden Stock requested a letter from the Board granting permission for Mr. Marden to obtain a Fire Permit for the Bean Hole Beans at Chichester’s Old Home Day. Warden Stock shall prepare this letter and forward to the Board for signatures at the next meeting.
Warden Stock presented the Board with several options for the replacement of the transmission in the Forestry Truck. Warden Stock had conducted intensive research to find the most viable option for the Town. Mr. MacCleery directed Warden Stock to provide the Board with all the information found to include warranty information and shipping costs.
Other Business
Bill Stevens – Sound and Lighting Issues – Chucksters, LLC: Mr. Stevens was present to inform the Board that he called the Police Department today concerning the music being played at Chucksters. It was reported that Chucksters was playing music from the time they open. This music can be heard from his home and from across the street at the Walker residence where Mr. Stevens has been working. Chief Clarke reported that this music is being played through the PA system and has instructed Officer Wright to speak with the manager concerning this issue, but does not believe this is a criminal matter. Mr. DeBold commented that there is no specific ordinance governing sound or music. Mr. MacCleery commented that he believes the preamble of the Zoning Ordinance allows for this
governance. Chief Clarke shall follow up with the County Attorney concerning any criminal action. Mr. Stevens feels this is a public nuisance. Mr. MacCleery directed that the former site review be researched to determine if anything was addressed concerning the playing of music.
Mr. MacCleery asked Mr. Stevens if there were any lighting issues. Mr. Stevens responded that there are still lighting issues. Mr. Hall was present and commented on the definitions of light trespass and glare. Mr. Stevens said the lights are still shining in his house and upon Route 4. The Board informed Mr. Stevens that they will address the lighting issue. Mr. Stevens stated that he feels the sound is also a zoning issue and vowed to appear before the Board each meeting until something is done. Mr. MacCleery stated that the ZBA is having a meeting with Town Counsel on July 23rd and will bring the questions forward at that time.
Moderator Doug Hall – Voting Booths: Mr. Hall presented the Board with pricing comparisons for the new voting booths. All vendors will be able to have the booths delivered before the Primary Election.
A motion was made to purchase 8 voting booths from Election Source at a cost of $1480.00 with $1080.00 to be withdrawn from the Administration Impact Fee fund and the remaining $400.00 to be charged to the election expenses budget line by Mr. MacCleery and seconded by Mr. DeBold. Mr. Jordan stated that he feels the Board is spending the Impact Fees too easily without enough research being done. Mr. DeBold feels the need for more voting booths can be contributed to the growth and expansion of the Town. Mr. Drew stated that impact fees cannot be used for items not included in the CIP. Mr. MacCleery noted that there have been times when the fees were returned because they had not been spent. Motion passes 2:1.
Mr. Hall will return to the Board on the August 26th to meet with the Supervisors of the Checklist and the Board to discuss the set-up and layout of the voting areas. All were requested to present any options for the set-up at that time.
Mark Drew – Site Development: Mr. Drew presented the Board with a letter concerning the development of his property located at 9 Horse Corner Road. Mr. Drew stated that he does not intend to go back to the Planning Board because in his interpretation of the law, he has not developed his land. Mr. DeBold stated that he feels Mr. Drew is conducting a commercial business; i.e. selling goods, and clarified for the Board that Mr. Drew has informed them that he is going to continue the operation of this business and suggests following through with Town Counsel. Mr. Drew stated that the Planning Board looks at development subjectively and should be looking at them more objectively. Mr. MacCleery asked Mr. Drew if he felt the Planning Board required items other than what the Planning Board could
ask for. Mr. Drew responded that the Planning Board is not developer friendly.
Paving Bids: The two paving bids received were opened and reviewed:
Clairmont Paving - $8900.00
Youngs Paving - $4950.00
The Board reviewed the paving specifications and decided to place the job out for bid again, with bid requests being mailed to potential contractors. Mr. DeBold will speak with the Historical Society about adjusting or modifying the specifications.
Labor Audit: Mr. Pike informed the Board that the Town had been audited the previous week by the New Hampshire Department of Labor. During this audit there were 60 violations noted. It was explained that a letter is to follow to inform the Town of any potential penalty and provide the option for an informal hearing to provide the Labor Administrator with evidence of what corrective action has taken place.
No Thru Trucking Ordinance: Mr. Pike provided the Board with another draft of the No-Thru Trucking Ordinance. This ordinance has already been review by the Road Agent with favorable comments. Mr. MacCleery brought forward information he researched through the Federal Motor Carrier Safety Administration that a commercial vehicle was any vehicle over 10,001 pounds. The Board also desired to remove the proof of need from the ordinance. Mr. Pike shall forward these suggestions to the Road Agent and Town Counsel for review and comment.
Abatement, LUCT, Map 4 lot 58-G:
A motion was made to approve the abatement of the Land Use Change Tax by Mr. MacCleery and seconded by Mr. Jordan. Motion passes. This LUCT shall be once again warranted upon the start of construction or development of the land.
Landscaping Issues: Mr. DeBold has followed up with Saints Lawncare concerning the issued brought forward to the Board at the last meeting. Mr. St. Laurent was apologetic and reassured Mr. DeBold that they will do a better job.
Mail and correspondence were reviewed. Accounts payable and payroll were signed.
The minutes of July 15, 2008 were reviewed and approved as written.
Chucksters, LLC – Lighting Issues: Mr. Pike was directed to coordinate with CLD, the Town’s engineer, to conduct a lighting compliance study of Chucksters. Mr. MacCleery asked if the costs of the study would be recoverable from Chucksters. Mr. Weir heatedly brought forward the issue of the Selectmen not treating each complaint fairly, and asked the Board if the complaint was unjustified, would the complainant be asked to cover the costs of the study. Mr. DeBold reminded Mr. Weir that the Board has not taken any formal action to request study cots from either party.
Being no further discussion a motion was made to adjourn the meeting at 10:13pm by Mr. MacCleery and seconded by Mr. Jordan. Motion passes.
Respectfully submitted,
Approved as written.
Jamie A Pike
Richard DeBold, Chairman Stephen MacCleery Jeffrey Jordan
| 
