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Selectmen Minutes 03/17/2009
Chichester Board of Selectmen
SELECTMENíS MINUTES
March 17, 2009

MEMBERS PRESENT:  Chairman DeBold, Selectman MacCleery, Selectman Jordan, Administrator Lisa Stevens and Fire Chief Gil Vien.  

Chairman DeBold opened the meeting at 7:00pm.  Chairman DeBold motioned to recess the meeting and reconvene at 7:15pm at the Chichester Central School to accommodate the public wishing to discuss the placement of Raymond Guay in Chichester. Selectman MacCleery seconded the motion, all were in favor, motion passed.    

Chairman DeBold reconvened the meeting in the multi purpose room of the Chichester Central School at 7:15pm.  Seated at the Head table were, Chairman DeBold, Selectman MacCleery, Selectman Jordan, Administrator Stevens, Federal Probation Officer Thomas Tarr, Deputy Probation Officer Kathy Battistelli, Merrimack County Sheriff Scott Hilliard and Police Chief Patrick Clarke.   

OTHERS PRESENT: WCVB-TV Boston, Fox 25 News Boston, WMUR-9, Concord Monitor, Associated Press, and other media sources.  Approximately 200 people  were in attendance including,  Gilbert Vien, Fire Chief; Jim & Michelle Plunkett, Pamela Stiles; Principal, Sally Kelly, NH Representative, Joanne Randall, Epsom Selectman, Jamie, Evelyn and Stewart Pike, Lindsay Holden, Darlene Phelps, Christine Wagner, Jill Levin, Greg Stillman, Rick Osgood, Shaunna Theriault, Rene Brooks, Jeff & Tamie Preve, Brian & Tamri McCrea, Richard & Melissa Sargent, Ina Hilliard, Jennifer & Doug Miner,  Darlene Clay-Wells, Tina Moyer, Barbara Weeks, Tom Hageman Linda & Robert Williams, Mary Sayer, Marie McKay, Chris & Marianne Thorne, Chris Lokey, Heather Chiavaras, Dana Sonya, Linda Hamel, Brandon Giuda, Kim & Guy Mitchell,   the Richardsons, Kurt & Robert Ekstrom, Richard Pratt, Frank Curatolo, Bill, Carol & Valerie   Flanders, Leon Kosko, Annette Serfass, Kim York, Bernard Mitchell Sr., Heather & Victoria White, Tim & Donna Baker, Renee Murray, Tom Laliberte, Ken & Jessica Smith, Brian & Diana Menard, Steven Nadeau, Doug Potter , Julie, Sarah & John Fortier, Arthur Savage, Holly MacCleery, Barbara Frangione, George & Craig Justin, Linwood Mixer, Jeff Hapgood, Taylor & Maurice Page,  Robert Gagne, Ed Hayes, Pauline Hallquist, Terri Lane, Cody, Shawn & Holly  Theriault, Kevin & Cheryl McCullcok, Darlene & David Lucier, Melissa Reed, Michael Labbe, Jackie Lawrie,  Ann Morrissey, William Hoar, Michael Currier, Donna & Ed Bell, Brenda Boswak, Leigh Hubbard, Linda Lakowicz, Natalie Allard-Arell, Lisa Laflamme, Doreen Lehoullier, Marlene & Todd Hammond,  Joe Bonacorsi, Casey & Wendy Cushman, Lisa Berry, Marc Moreny, Stacie Boyajian, Sara Sawyer, Regina Mattrella, Jean Donzello, Sherri Williams-Mudgett, Kim Putnam, Doug Fisher, Alan Lesmerises , Austin Carr, Nathan, Debbie, Linwood Jr. & Sr. Marden, Andrea Marden, David Letendre, Teresa Paradis, Brian Cavanaugh, Naomi Hussey, Leisa Gagne, Rick Boisvert, Dave Bickert, Millie & Leslie Gabriel,  Lucinda & Mike Cwikla.  

Chairman DeBold read an opening statement, setting the tone of the meeting, explaining that this was a regularly scheduled meeting of the Board of Selectmen.  In light of the troubling news that Raymond Guay, convicted child murderer was living in our community and the huge crowd before them wanting to speak to this issue, the Selectmen chose to defer their appointment with department heads and listen to public input after a short bit of meeting business.  Chairman DeBold stated he expected the crowd to act with respect and decorum as the eyes and ears of the country seem to be upon us as we face this difficult issue.   The Board clearly understands this is an emotional issue but cautioned the audience from becoming a cheering squad and asked that the audience refrain from clapping after people speak.


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Chairman DeBold motioned to appoint Selectman MacCleery as Chairman of the Board of Selectmen.  Selectman Jordan seconded the motion; all were in favor motioned passed.

Selectman DeBold read a statement he had drafted, stating his and what he hoped to be the Boardís position on this matter, imploring Federal Probation Officer Thomas Tarr, to move Guay.  Selectman DeBold stressed that this Board has no legal authority in this matter.  Copy attached as part of the permanent record.  Motion Selectman DeBold, second Selectman Jordan, to adopt the position letter addressed to Thomas Tarr, Federal Probation Officer, as read. All three were in favor, motion passed.  

Selectman DeBold read a letter from Governor Lynch to Thomas Tarr, expressing his deep concern for the placement of Raymond Guay, convicted child killer into such a rural community.  Copy attached as part of the permanent record.

Chairman MacCleery opened the meeting to the body for public comment.  Joanne Randall, vice-chair of the Epsom Board of Selectmen expressed concern and support on behalf of the Epsom Select board.  Ms. Randall stated, they too share the same rural demographics as Chichester and have three elementary schools within their community.  The Epsom Board is prepared to work with the Chichester Board on this issue.

Darlene Phelps began the residents comments stating she and her family no longer felt safe in their home, she could not leave her children home alone, her children were having trouble sleeping, she did not even feel safe walking to her mailbox, ìour freedom has been taken from us.î

Christine Wagner wanted to know what the conditions of the probation to Mr. Guay are.  Mr. Tarr began by thanking the Board of Selectmen for allowing him to be their guest this evening and address the concerns of the citizens of Chichester.  

Mr. Tarr briefly summarized Mr. Guayís violent criminal career leading up to his temporary placement in Chichester at the Reverend Pinckneyís residence on Durgin Road. Mr. Tarr stated he had secured placement for Mr. Guay at two apartments in Concord but due to inflammatory reports in the Concord Monitor newspaper, the landlords were not willing to endure the notoriety and scrutiny of such a tenant.  Mr. Guay was staying in a hotel costing $100 per night until Mr. Tarr agreed to accept an offer of placement in the Pinckney home at 3pm on Friday afternoon at which time he placed a call to the police department and learned the Chief was not available to take his call so he left a message with the duty officer and email via the townís website.  

Mr. Tarr stated that Mr. Guay has served all of his time for the crimes in which he was committed and that the judge in California ordered that he serve his remaining probation time in the State of New Hampshire, the only state that Mr. Guay ever resided in.  He was only an inmate in the State of California.  Mr. Guay has two and one half years of his probation remaining.  Mr. Tarr stated emphatically that he has objected to this placement from the beginning. Mr. Tarr stated his office requested a different location for Guay but the court rejected that request.  Mr. Tarr went on to say he was frustrated with the decision but his office has to live within the confines of the law.  Mr. Tarr stated he did not want to put Mr. Guay in Chichester.  Mr. Tarr first met with Mr. Guay and his religious associates on March 11.  Mr. Guay is reported to be a changed man since finding religion fifteen years ago.  Mr. Pinckney offered to take in Mr. Guay for a sixty day temporary placement.  Mr. Tarr stressed this is a temporary situation.  Mr. Tarr stated he has received quite a few calls from concerned residents in Chichester and has gone so far as to meet with a few.  

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Mr. Tarr emphasized the fact that in the eyes of the law, Mr. Guay is a free man, he has served his time; he can live anywhere he wants right now with approval from the probation office.  In two years, Mr. Guay will be totally free.  

Mr. Tarr stated he agreed that Mr. Guay would be better off in a city with public transportation so he could find work.  Mr. Tarr then stated the terms of Mr. Guayís agreement with Reverend Pinckney;
Mr. Guay will not be allowed home without an adult present, Mr. Guay will leave the property in a vehicle only, the police department will be notified when Mr. Guay leaves and returns to town, Mr. Guay has voluntarily consented to wearing an electronic monitor.  Mr. Tarr continued stating that his officeís best two deputies are assigned to this case, they have 24/7 communication access to Chief Clarke and this case is receiving maximum coverage by his office, in fact this individual is more closely monitored than the other 350 individuals his office is assigned to.

Resident Lindsay Holden began her comments by informing the audience that she had spoken to not only Mr. Tarr but had contacted the Governor and Attorney Generalís Office and had spoken to Chief Clarke about the situation and realized, unfortunately, that the town does not have a leg to stand on to get Mr. Guay out of Chichester.  Ms. Holden requested the Selectmen authorize twenty-four hour police surveillance, by an officer, on the Pinckney home. Ms. Holden informed the audience that she had first hand knowledge that Reverend Pinckney had consented to a search of his home for the presence of any weapons, Chief Clarke performed the search, and no weapons were found. Ms. Holden stated that Mr. Guay is sleeping in the basement of the home, next to a door and that the Pinckneyís sleep on the third floor of the home, there is no alarm system in the home and that the agreement between the Pinckneyís and Mr. Guay is verbal in nature only. Ms. Holden stated that the recent discharge of weapons by some in her neighborhood was unfortunate and the majority of  neighbors did not want to be seen as a vigilante mob however a petition was circulating thru the crowd this evening demanding 24/7 police coverage.

Several other neighbors and residents spoke about their concerns for safety, their childrenís safety, fear of leaving their children home alone, their freedoms lost, the temporary placement lasting longer than sixty days with no written or legal recourse for removal, for Mr. Guay to leave the home and the monitoring device only alerting the authorities that he has left but not where he is going, the town is too rural and vulnerable, the police force too small to handle full time surveillance, kids canít find their bikes or play freely outdoors, folks canít talk a walk down a country road, parents not allowing their children to play with friends that live on or near Durgin Road.

Mike Cwikla expressed his frustration stating that religious groups are a copout, all prisoners claim to find religion, the system has failed.  Mr. Tarr responded that one good thing as a result of all this attention is that if a crime of this nature were committed today, the punishment would be a lot different, more severe than it was in the 1970ís when Mr. Guay committed his crime.

Dana Sonya wants to believe that Mr. Guay is a changed man; she is a Christian too and knows that Reverend Pinckney has a good heart but does not want Mr. Guay to pass his ìtransitional timeî on her road.

Maurice Page spoke of being a single father with a teenage daughter who was now frightened to be home alone and did not want to live with her dad as long as Mr. Guay was in town.


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Darlene Clay-Wells asked, Can we afford to risk any one of these children? She stated we have a wonderful school community, although she respects the job Mr. Tarr needs to do, on behalf of all the children, her special needs child as well, she asked Mr. Tarr to remove Mr. Guay from Chichester.

Mike McKay talked of barricading his house and showing Mr. Guayís picture to his boys.

Young Stephanie Tumasz read a brief statement summarizing that she and all her friends that attended Chichester Central School were terrified to be outside.  Ed Hayes has spent $4,000 for an alarm system at his house; he lives on Durgin Road and stated his wife is terrified.  

Ken Smith and daughter Kaylie spoke of her visit to the Pinckney home and Mr. Guay answering the door to her, not knowing who he was.  Now Kaylie is afraid to leave the house. Mr. Smith stated he has paid taxes here since 1983 and questioned why the neighbors were not notified prior to Mr. Guayís arrival.  Mr. Tarr responded by  stating that his office is not obligated to notify neighbors, that there are other convicted murders living in town, Mr. Tarr did notify Chief Clarke and that was the only requirement he needed to do.  

Mr. Tarr fielded several questions from angry and frustrated residents that included where Mr. Guay was staying in the home, had the Fire Chief inspected the home for proper egress and code compliance, details on how the monitoring device would work, why wasnít it already in place, what technical difficulties from the phone company were preventing the monitor from being installed.  Mr. Tarr could not respond to the specifics of any local code issues and the Selectmen stated they would look into the property record file for details.

Teresa Paradis thanked the Board for a great letter and stated she respected Mr. Tarrís position, however it was her opinion that this was going to cost the town a whole lot more than $100 per night at a hotel and should Mr. Guay get loose and wind up in the woods we may never find him.

Taylor page spoke of not once feeling unsafe in her home until now.  Rick Banks questioned what happens if after sixty days Mr. Guay canít find placement.  Mr. Tarr tried to assure the crowd that Mr. Guay will be relocated prior to the sixty day time period, stating he felt confident that Mr. Guay would be placed elsewhere before sixty days but would not guarantee that Mr. Guay would not still be here but he was hoping for an alternative location sooner.  

More questions were sought as to why the monitoring bracelet was not already in place.  Again Mr. Tarr cited problems of a technical nature with the telephone company, Fairpoint, as he incorrectly named the wrong phone company.  Mr. Tarr stated Mr. Guay is only being asked to where the bracelet in the evening and overnight hours, that it is a voluntary gesture and that the monitoring device is not a perfect system but his deputies would know in a couple of minutes that Mr. Guay had left the property.  Mr. Tarr was asked what type of supervision Mr. Guay was subject to while staying in Concord.  Mr. Tarr responded that the Concord police saw him as well as his office on a daily basis. While in Connecticut, at a halfway house, Mr. Guay was not supervised, Mr. Guay took public transportation and performed community service obligations, all unsupervised.  





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Greg Stillman addressed the crowd stating he was scared; he would be lying if he said he was not, but at the same time could not believe the level of fear Mr. Guay has brought here, our kids have more of a chance of being hit by a drunk driver, instead of a lynch mob running him out of town, he would like to think of the town coming together and helping out our neighbors by supporting the family who was helping Mr. Guay.

Robert Williams asked if the status of the Pinckneyís single family home changed due to the basement apartment and if so, if this is a zone change and others can take in long term residents in their homes.  Chairman MacCleery explained the process for assessing a home as a two family and again stated that the town would be looking into the Pinckneyís assessment status.

Dana Sonya asked for clarification of when and how the Chichester police were notified that Mr. Guay was moving to town.  Mr. Tarr once again explained that he placed a call to the Chichester police on Friday afternoon, March 13, 2009 and was told the chief was away at training. Mr. Tarr stated he left a message for the Chief to contact him and also forwarded the notification via the police department email listed on the townís website.

Chief Clarke spoke stating that the email went to the general mailbox, not his personal email and that Mr. Tarrís message left an office phone number in which no one was available to answer on Saturday.

Mike Cwikla asked if the silverware was removed from the home, when the reply was no, Mr. Cwikla responded the system had failed again as Mr. Guayís probation now being served was due to stabbing an inmate with a fork in the prison mess hall.

Mr. Ken Smith stated his concern that no legal document was in place, that there was no guarantee that Mr. Guay would be gone in sixty days that these were empty promises, Mr. Smith knows Reverend Pinckney personally and knows he has a big heart and would not turn Mr. Guay out on the street.

Mr. Tarr stated he is committing today, to work with Mr. Pinckney to get Mr. Guay removed from the
Pinckney home as soon as possible.  To what recourse asked Mr. Smith, none replied Mr. Tarr but gave his word Mr. Guay will be gone.

Chris Lokey spoke stating he understood the legalities but Mr. Tarrís decision was unconscionable, there are two hundred and fifty people here, what we can do to help you get rid of him.  Mr. Tarr gave his office number (225-1515) and asked if anyone knew of a landlord willing to endure the media attention and scrutiny of housing Mr. Guay to call his office.  The second piece is employment, this presents a huge challenge not only in todayís economic climate but that Mr. Guay has very limited skills, Mr. Guay has been in the prison system as early as when he was fourteen years old.

Linda Williams asked who the other murderers living in town were.  Mr. Tarr advised her to call the Stateís Department of Corrections and inquire, informing this was public information.  Mr. Tarr stated that one advantage to this situation is knowing what Mr. Guay looks like and where he is, very few of us know about the others living among us.  

Tom Hageman addressing the media stated that Chichester was not a bunch of gun welding rednecks as portrayed in the recent news reports, that this area encompasses parcels from five acres to five hundred acres and it was not uncommon for residents to target practice or skeet shoot in the area of Durgin Road, it has been going on for years, Mr. Guay is the only person who has committed a gun crime.
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Principal Pam Stiles addressed Mr. Tarr by commenting that she could appreciate the challenges he was facing but that she had challenges as well.  That being in charge of 255 children every day posed challenges of its own.  The school has been turned upside down, the challenge they are facing is angst.  
There are good safety measures in place but the children are scared, they are afraid to go outside, Chief Clarke is doing a great job but every time he is pulled away to monitor or handle the Guay situation, is time taken away from the school needs.  

Again the discussion turned back to the details of how the electronic bracelet would work and why it was not already working.   The same answers were given by Mr. Tarr as previously stated.

Brandon Giuda stated he was very conflicted over this issue and did not believe it to be fair to pick on Mr. Tarr for this nitpicky stuff. Mr. Giuda referred to the signs on the wall, stating respect and said while he did not believe it a great idea for Mr. Guay to be in Chichester and did not agree with Mr. Tarrís decision, he would make it a point to go to the Pinckney residence and meet Mr. Guay.  Mr. Giuda continued by saying that he believes the residents are pretty well prepared to take care of themselves but could not believe the level of fear, it is incredible, this guy is not going to Chichester school and hurt somebody when everybody knows what he looks like, it was Mr. Giudaís opinion that this level of hysteria is unnecessary.  Mr. Giuda cautioned the audience to remember this when going to vote.

Darlene Clay-Wells responded that the issue was not about hysteria but rather about the ability to keep our children safe, it would take less than two minutes to seriously harm somebodyís child.

Maurice Page asked the Selectmen what is the town going to do, what can we do?  Selectman DeBold answered that the town has no legal authority to remove Mr. Guay however, the residents can lobby Mr. Tarrís office, the governor and the attorney generalís offices that this has nothing legally to do with the Town of Chichester.  The citizens can individually write letters.

Kim York demanded the Selectmen work more diligently to get Mr. Guay out, stating that he has freedom, we donít.  Ms. York asked Mr. Tarr and the Selectmen to work harder and quicker to get Mr. Guay out of Chichester.  

Teresa Paradis addressed Mr. Tarr; stating no more murderers in our town, keep them all away and asked what should happen if Mr. Guay doesnít want to wear the electronic bracelet anymore.  Mr. Tarr responded he would go back to court and request a Modification of Condition, something which is more restrictive than the court order, again stating that the problem with the device is a technical one.  Ms. Paradis quipped, another problem with a small town.  

Selectman DeBold read into the record, letters from Attorney General Kelly Ayotte and a written statement from Chief Clarke summarizing his phone conversation with the victimís mother. Copies attached as part of the permanent record.

Chairman MacCleery closed public comment.  Motion Chairman MacCleery, second Selectman DeBold at 9:15pm, to recess this portion of the meeting and reconvene the meeting back at the town hall.  All were in favor, motion passed.

The Board reconvened at 9:30pm at the grange hall with approximately fifteen people in attendance along with Department Heads, Patrick Clarke, Jim Plunkett and Gil Vien.




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SUBJECT:  Department Heads

PD ñ Patrick had nothing else to report this evening other than stating he has stepped up patrols in the Durgin Road area.  He does not have the money in his budget to post an officer there continually unless the Selectmen request that he does so. Patrick called attention to the notice circulated earlier this evening that residents and neighbors were organizing a series of rallies at the Smith property on Durgin Road, in the idea of a neighborhood watch program.

The new cruiser has not been ordered as yet, it will be a front-wheel drive Chevrolet sedan.

FD ñ Chief Vien reported he was all set this evening.

HYW ñ Chairman MacCleery welcomed the new road agent, Jim Plunkett and congratulated him on his election.  Mr. Plunkett reported that Lisa has filed the insurance claim on the red truck and he awaiting an appointment with the adjuster, legally he can not put the truck on the road in this condition.  The windshield in the one-ton needs to be replaced.  All inspections are due on the trucks this month.   Mr. Plunkett stated the rubber wheeled excavator can not be driven more than five miles at a time and will have to be driven around town.  The town does not own a trailer to haul equipment, a contractor will have to.

The department has been working on pot hole patching, a plugged culvert on Canterbury Road, placing stone on Smith Sanborn Road near Rasanen Drive and will begin grading this week.  The safety switch is broken on the chipper, the part has been ordered. Chairman MacCleery clarified for the record, that the truck was damaged prior to Mr. Plunkett taking office.  The department has also worked on the drainage/icing issue on Horse Corner Road, more work is needed.  The placement of the stop sign on Pleasant Street is illegal and a difficult turn for trucks to make.  Chairman MacCleery and Selectman Jordan agreed the sign should go back to where it was.

Mr. Plunkett asked the Board how aggressively they wanted to pursue trucks ignoring the road postings and or chewing up the roads.  All the roads have been posted.  Mr. Plunkett offered an example of an incident with a logger on Durgin Road that lost a load of wood chips.  Mr. Plunkett has spoken to the logger and allowed him early morning access only at this point. Mr. Plunkett has approved passage from a utility truck for pole installation on Mason Road.

Selectman DeBold asked Mr. Plunkett if he could look into the status of the towns road sign for Bear Hill Road.  The state has relocated the stop sign; now all that remains is for the town to install the street sign.   
The state did leave the road sign at the Selectmenís office; the sign was passed along to the highway department.

The Board discussed the compensation for the newly elected road agent. Chairman MacCleery confirmed that Mr. Plunkett was aware of the Road Agent Wage Classification Schedule.  Mr. Plunkett submitted written response to the Board identifying his experience or qualifications under each skill level listed.
When asked if he could operate the grader, Mr. Plunkett responded yes, not well but I can operate it





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Selectman Jordan offered his opinion that Mr. Plunkett would fall between the high end of the mid level or the low end of the upper level.  At this time Chairman MacCleery accepted public input on this discussion.

Bette Bogdan inquired where the classifications had come from.  Selectman DeBold answered that he had developed the classification scale based on his research from job descriptions in place in other towns and information from the NHDOT.  

Brandon Giuda stated his opinion of the classification scale was that it was bogus, ambiguous and geared towards the old road agent.  Out of fairness and due process, it was Mr. Giudaís opinion that Mr. Plunkett be paid the same rate as in place for one year and then evaluate.  Mr. Giuda continued by stating that these classifications have nothing to do with the conditions of our town roads.   Mr. Giuda has made a visit to the highway shed and stated its condition as laughable, that there is not a piece of equipment that isnít broken, that there are no tools, the town has spent thousands of dollars on tools and equipment, where are they?  Mr. Giuda stated the shop conditions are the worst heís ever seen, the road counters are all corroded.

Mr. Giuda questioned why the issue was not listed on the agenda, stating his opinion that it appears to be a political move.

Selectman DeBold responded as to why the Board developed this wage classification.  Selectman DeBold explained that the question was brought to the Board by former Selectman David Colbert who indicated he was interested in filing for candidacy and inquired as to what the pay rate would be.  This subject has come up in past years by the Board but no follow through was ever done.  The example given was the possibility of the disparity between someone with no qualifications (Lisa Stevens) against an incumbent with qualifications and experience.  The only requirement is to win election.  The Board felt this was a fair question to raise and believes that compensation should be commensurate upon experience.  The Board believed this to be a prudent step to take.  The same scenario holds true for someone running for the town clerk or tax collector office, these positions are elected, no experience required.

Lisa clarified that there is no requirement to post an agenda for each meeting and that most times the agenda is posted days in advance of all that will be discussed at a selectmenís meeting.  Lisa also clarified that Mr. Colbert brought the subject up at a meeting just prior to the open filling period for candidacy in January, a meeting at which Mr. Plunkett was also present.  

Selectman DeBold asked Mr. Giuda and the rest of the audience to take the people out of the equation, the Board is trying to be responsible.  Selectman DeBold asked do you not think this is equitable.

Selectman Jordan replied that in his opinion it would be more equitable to have a temporary probation period and then re-evaluate the performance to go to the top pay.  Selectman Jordan stated he believed the classification schedule was a good thing but perhaps the timing was off.

Chairman MacCleery stated that the Board has a responsibility to the townspeople.  Anyone could run for this position but if we donít have any guidelines in place, the town would be obligated to pay the current rate.



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Mr. Colbert stated that when Mr. Kenneally started he was making $15 per hour, two dollars less than crew worker AJ May.  Mr. Colbert also stated that he and Mr. Plunkett had a conversation in the parking lot about this very subject after that selectmenís meeting in January.  Mr. Colbert wished Mr. Plunkett all the luck in the world and stated, ìI hope he does a good job for the Town of Chichester.î

Michelle Plunkett posed, why now?  Again Selectman DeBold reiterated that this issue has come up before, the Board just didnít follow-up.  Selectman DeBold believes this schedule to be reasonable and prudent and just makes sense for the Town of Chichester.   Chairman MacCleery stated itís a start, itís a guideline, there was no political reason for this, and he believes the town would be in worse shape if we didnít have it.

Discussion took place about the need for a CDL A certification versus a CDL B certification.  Ms. Bogdan shared information from the DOT Handbook on CDL Licensing.  It was stated that the town doesnít own any equipment that requires a CDL A.  Ms. Bogdan also stated, we agree, we want Mr. Plunkett to succeed.  Ms. Bogdan offered that a fellow highway worker was present and perhaps he could speak to the condition of the shed.  Chairman MacCleery stated the Board would be addressing the accusation by Mr. Giuda.  This lead to a back and forth that Mr. Giudaís comment was an assertion not an accusation.  

Ms. Bogdan commented that it was her opinion that Mr. DeBoldís description are pretty darn good and very close to the state level labor grade 17 which pays $16.63 per hour to start.  

Selectman DeBold stated he wished Mr. Plunkett all the luck in the world and looked forward to working with him but didnít see any actual road work experience in his past.  Mr. Plunkett responded that he had read over the material for the Road Scholar program and most of the classes appear to be science based; basic chemistry. As to any road construction work, Mr. Plunkett stated he had worked and managed a crew that oversaw two road projects through compaction in Barnstead.  Selectman DeBold then stated he agreed with Selectman Jordanís suggestion to start Mr. Plunkett at the mid level, review in six months and in the interim, have Mr. Plunkett attend some T-2 Road Scholar classes.  

Marlene Hammond asked the Board what objective assessment criteria they will use after the six months.  Chairman MacCleery responded that the Board will require enrollment and passage in the T-2 classes, that bi-monthly meetings with the selectman and department heads and expenses and budgeting will all be areas for the Board to review with Mr. Plunkett.  Ms. Hammond countered, then education will be the level?  Chairman MacCleery stated the Board would be aware of these other administrative functions as well, it appears Mr. Plunkett can run a business, can prepare a budget.

Kate Mara stated in her opinion it was not a bad thing to have a checks and balances and asked what would be the next step, how do you modify, you mentioned courses, how can he get to the next level if the courses are all full.  There are four levels to the Road Scholar program and no raises beyond the $21.75 can be given until the 2010 budget is appropriated at town meeting.  Selectman DeBold indicated the Board could discuss how many classes they wished Mr. Plunkett to take next week, Road Scholar I is a thirty hour course.


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Selectman DeBold motioned to set compensation for Mr. Plunkett at Level II of the Road Agent Wage Classification Schedule, $19.75 per hour, with a performance review in six months and further that the Board will put requirements on classes and observations forth to Mr. Plunkett next week.  

Chairman MacCleery seconded the motion, all were in favor, motion passed.  Chairman MacCleery added in all fairness to the town, the Board needs to have specifics.  Selectman DeBold offered to bring something to the Board next week.  

Again discussion turned to Mr. Giudaís comment that tools were missing from the highway shed.  Mr. Giuda stated he did not believe anyone could run a shop with the tools that are there and was emphatic that his comment was an assertion not an accusation.  Chairman MacCleery cautioned that his comment implied that tools are missing.

GENERAL BUSINESS/BOARD DISCUSSION:  
The Board once again reviewed the proposals for a new cell phone provider for the town.  No additional feedback has been received from the department heads.   Warden Stock inquired what the wardenís expense would be.  It was estimated to be around $420 annual cost.  Chairman MacCleery motioned to accept the proposal from Sprint/Nextel, for an annual cost of $2699.88 for the 3000 minute shared plan which includes seven phones.  Selectman Jordan seconded the motion, all were in favor, motion passed.  

Chairman MacCleery motioned to enter into non-public session under RSA 91-A: 3, II, (a), to discuss a personnel matter. Selectman Jordan seconded the motion.  Chairman MacCleery called the vote, Jordan ñ yes; DeBold  ñ yes; MacCleery  ñ yes.  Motion carries.  
Motion to seal the minutes for ten years, moved by Chairman MacCleery, seconded by Selectman Jordan.  The chairman called the vote, Jordan ñ yes; DeBold  ñ yes; MacCleery  ñ yes.  Motion carries.

Chairman MacCleery moved to close the non-public session.  Selectman Jordan seconded, Chairman MacCleery called for the vote.  DeBold ñ yes, Jordan ñ yes; MacCleery ñ yes, motion carries. Two votes were taken regarding employee compensation.  Both votes passed unanimously.

The Board discussed the recommendation from new assessor Chris Murdough, to seek an extension from the Board of Tax and Land Appeals relative to the appeal filed by FHP Realty.  Ms. Murdough and DRA monitor, David Hynes do not agree with the settlement offer.  The Board denied the settlement offer and signed a request for extension to be filed with the BTLA.  

Due to the lateness of the hour, the Board tabled discussion on the 2009 appointments and the outstanding zoning issues. Mail and correspondence were reviewed. Lisa was directed to forward Ms. Hammenís memo to the Cemetery Trustees for attention. Accounts payable and payroll were signed.  Being no further business for this evening, Chairman MacCleery adjourned the meeting at 11:40pm.  

Respectfully submitted,                                                 
Lisa Stevens                                                                    Approved As Corrected
Administrator                                                                           3/24/2009

_________________________   ________________________     ________________________
Stephen MacCleery, Chairman   Jeffrey Jordan                          Richard DeBold