Chichester Board of Selectmen
SELECTMEN'S MINUTES
March 24, 2009
MEMBERS PRESENT: Chairman MacCleery, Selectman Jordan, Selectman DeBold and Administrator Lisa Stevens.
Others present: Gil Vien, Bette Bogdan, Richard Halloran, Alan Mayville, Barbara Frangione, Tom Houle, Lucille Noel and Bernie Reinhardt, Richard Moore and Doug Hall
Chairman MacCleery opened the meeting at 7:00pm
SUBJECT: Tree Cutting on Ring Road
Present: Mr. Paul Twomey did not show up for his appointment this evening.
GENERAL BUSINESS/BOARD DISCUSSION:
Motion Selectman Jordan, seconded by Selectman DeBold to appoint Gilbert Vien for Cemetery Trustee for one year. All were in favor, motion carries.
The Board went through the listing of current vacancies and terms expiring for various boards and committees and made the following appointments:
Motion Chairman MacCleery, second Selectman Jordan to reappoint Bruce Dyke for three years as a member of the Budget Committee. All were in favor, motion carries.
Motion Chairman MacCleery, second Selectman Jordan to reappoint Doug Hall, Richard Moore and Lisa Drouse for one year on the Capital Improvement Program Committee. All were in favor, motion carries.
Motion Chairman MacCleery, second Selectman Jordan to reappoint Zach Boyajian for a three year term on the Conservation Commission. All were in favor, motion carries.
Motion Chairman MacCleery, second Selectman Jordan to reappoint Donna Chagnon as Food Pantry Coordinator for one year. All were in favor, motion carries.
Motion Selectman DeBold, second Selectman Jordan to reappoint Rena Baker as Deputy Treasurer for one year. All were in favor, motion carries.
Motion Selectman DeBold, second Chairman MacCleery to appoint Selectman Jordan as Chichester Selectman representative to the Suncook Valley Regional Town Committee. All were in favor, motion carries.
Motion Selectman DeBold, second Selectman Jordan to reappoint Donna Stockman as Welfare Coordinator for one year. All were in favor, motion carries.
Motion Selectman DeBold, second Selectman Jordan to reappoint Ben Brown and Tom Wainwright for three year terms on the Zoning Board of Adjustment. All were in favor, motion carries. Motion Selectman DeBold, second Selectman Jordan to reappoint David Dobson as an alternate member of the Zoning Board of Adjustment for a three year term. All were in favor, motion carries.
Several openings remain, Lisa will schedule appointments with those that expressed interest in volunteering and make an additional attempt to contact current members not yet heard from, about their interest in continuing in their present position.
Doug Hall and Richard Moore met with the Board to discuss a memo drafted on behalf of the Selectmen to the department heads outlining this year's process for CIP submissions. The board agreed to the text of the memo and directed Lisa to distribute once the date for the initial meeting with the department heads was confirmed.
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Bette Bogdan asked Chairman MacCleery if she could discuss what she was not able to last week when /chairman MacCleery closed public comment of the Road Agent discussion even thou he had acknowledge herself and Mr. Halloran as wishing to make comment. Chairman MacCleery apologized for the oversight and allowed Ms. Bogdan her comments. (Copy attached for the permanent record). To summarize Ms. Bogdan wished to clarify that it is common for the tires to be on backwards on a grader, she had in fact confirmed this fact with an employee of Mr. McGee's, the vendor the town purchased the tires from. By stating otherwise, this reflected badly on the former Road Agent. Ms. Bogdan stated Selectman Jordan would know this as well as he was a former Road Agent. Selectman Jordan stated that the former Road Agent knew
how to change the tires on the grader. Ms. Bogdan implored the Board to look into the information provided by Mr. Plunkett as to his work history that suggests he qualifies for Level II pay on the Road Agent Wage Classification Schedule adopted by the Board in February. Ms. Bogdan asked the Board to use due diligence to verify Mr. Plunkett's education and work experience, such as the fact that Mr. Plunkett stated he was part owner in Terra Flora for five years and has three years supervisory experience when in fact the business, as researched through the state, indicates the business was only in operation for thirty-two months. As it appears, the ownership of Terra-Flora is misleading, Ms. Bogdan stated she does her research and believes it only fair that the Board does the same, stating it was easy enough to prove and perhaps it's an honest mistake, she only wants to be fair to Mr. Plunkett and the town, she does not want him to start out with a blight, the Road Agent
should know what is expected of him and what he is expected to know for his review, she does not want this to be a negative that gets skewed by publicity, she is in support of fairness, honesty and transparency in town government.
Ms Bogdan suggested a more objective process to the Road Agent's review, a fairer evaluation she believes would be in one years time when the Road Agent and the town has had the opportunity to go through a snow season and the budgeting process. As to the classifications of a Commercial Driver's License (CDL), Ms. Bogdan has researched the testing manual and spoke to an instructor who indicated to her that the written exam is the same for all levels, A, B, C. The difference from B, to A, is that for an A level CDL; you must know how to hook-up air lines and lights to a trailer. Chairman MacCleery commented that perhaps in six months the Board may feel it premature to move-up the Road Agent's skill level and that the Board will ask the Road Agent for clarification of his education and business ownership.
GENERAL BUSINESS/BOARD DISCUSSION:
The Board addressed bullet items listed on the agenda-
Community Bldg -The parking lot paving project was not done last year due to insufficient funds appropriated at town meeting. As agents of the Town Facilities Capital Reserve Funds, the Selectmen can expend from that fund without a vote by the legislative body needing only to post a public hearing should the expense be greater than $4,000. It has also been brought to light that the fuel tank needs replacing.
Chief Vien offered to speak with plumber Bob Gagne, who has been volunteering a tremendous amount of time with the police department renovations, about his recommendations for replacement and costs.
Options were discussed as to what was the best method for repair and that perhaps the highway department could remove the existing hot top in preparation for new pavement. The Board will discuss with the Road Agent at the next department heads meeting.
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The Board reviewed the proposal from Yeaton Mechanical outlining the existing heating system and proposed system upgrades for the Safety Building. Selectman DeBold offered to draft a bid specification sheet and bring to the Board next week for approval.
Seven offers have been received for the military trailer with the highest offer coming from resident Arthur Ellis for $550.00. Selectman DeBold motioned to accept the offer of $550.00 from Art Ellis for the forestry trailer. Selectman Jordan seconded the motion, all were in favor, motion passed.
Only one offer has been received to date for the arc air unit. To the best of the Chief's knowledge, this tool has never been used on a call; the department received this tool as a piece of equipment that was on the heavy rescue truck purchased from Machais, New York. The Chief was note sure if the oxygen tank on it has expired. The Board recommended asking the Road Agent if he had use for the tool before they vote on accepting the offer received.
At this point the meeting turned to an open discussion with the audience about their thoughts on the town's current method of electing a road agent versus appointing one. Selectman DeBold's opinion was that the town should hire somebody to do a job of this magnitude, not elect him. The body suggested a public forum in the form of a candidate's night when the townspeople can meet and discuss current issues with the candidates. The group agreed that opening up this type of debate would be beneficial. Alan Mayville appeared not in favor of hiring a road agent as he commented that the road agent is not allowed to be his own man as much as he needs to be and that Mr. Mayville was not in agreement with people asserting power over the road agent. Selectman DeBold stated his belief that oversight is a good thing.
Ms. Bogdan stated her opinion that the town would want to keep everybody clean and asked if the Road Agent was required to sign an acknowledgment of receiving/reading the town's Personnel Policies. The answer was yes. Ms. Bogdan implored the Selectmen that if they have a communication issue with an employee or public official that they take that person aside and work with the person and guide them and affords them the opportunity of working with them; give them the benefit of the doubt and respect they deserve. Ms. Bogdan also stated she hoped that no selectman has asserted their position to get an elected official out and another one in and suggested the town adopt an Ethics Committee. Selectman DeBold responded that being a selectman does not give away one's civil liberties.
The Board thanked the group for this open discussion.
The Board received a one page petition, with only three signatures, requesting 24/7 police coverage on Durgin Road, until Mr. Guay is no longer residing in the Pinckney home. Selectman DeBold has spoken to Chief Clarke about the cost of this coverage and the Chief estimated that with all part-time help, for a period of two months, the additional expense would be $35,000, greater if the coverage was handled by full-time officers or special duty assignments with officers from surrounding towns. It would be very cost prohibitive.
Selectman DeBold informed the Board of his discussions with the owners of Chucksters, LLC, seeking to begin work on Phase Two of their expansion, the go-cart track, while the roads are posted. A Bond Agreement was drafted for the Board's review and approval of a Road Posting Exemption. Selectman DeBold and Road Agent Plunkett have met on site with the contractor to discuss the details of the project. The agreement is the same wording as a prior bond posted by these owners, only difference is that the amount f the bond has been lowered, upon recommendation from the Road Agent to $15,000.
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Chairman MacCleery and Selectman Jordan were not in favor of lowering the amount from two years ago. Motion Chairman MacCleery, seconded by Selectman Jordan, to leave the bond amount at $37,000. Motion passed by a two - one vote. Chairman MacCleery stated he saw no reason to reduce the amount because of the increase in construction costs. Selectman DeBold's opinion was that the $15,000 would cover any cracks or holes created by this limited amount of activity.
Chairman MacCleery mentioned a phone call he received from John Saturly, a resident of Granny Howe Road, informing him that the highway department has once again placed a stop sign on Granny Howe Road that should not be placed there. The Board will discuss this with the Road Agent.
Chairman MacCleery stated for the record that the Selectmen have received a letter from CLD Engineering confirming that Center Road was built to the Brown Engineering Specifications and that other than monitoring the drainage this spring, the road was built correctly.
The Board reviewed an invoice for a mailbox replacement and directed Lisa to send notification to the resident that although unfortunate, the town is not liable for damaged mailboxes as stated in the adopted Winter Maintenance Policy. A copy of which will be sent to the resident along with the letter.
Chairman MacCleery discussed his concern with a comment made by Mr. Giuda at last week's selectmen's meeting in which Mr. Giuda made the assertion that tools may be missing from the highway shed. Chairman MacCleery asked Mr. Giuda if he had any proof and Mr. Giuda responded no. Chairman MacCleery stated last week that the Board would look into the assertion and if they felt there was validity to the comment they would go further with an investigation. Mr. Mayville posed the question of who bears the burden of proof. Chairman MacCleery stated for the record that when he visited the highway shed to discuss the Town of Merrimack information with the former Road Agent, it appeared as thou some tools were there along with larger tools such as the level and the grease gun. Chairman MacCleery does not have knowledge of
what should be there and wasn't. Selectman DeBold commented that this was an unfounded assertion and doesn't warrant anything further. Chairman MacCleery stated he would like to close the book and move on.
Selectman DeBold has updated the US Census map of the Town of Chichester.
Lisa asked the Board to re-consider a decision made during last week's non-public session, based on further information she would like to present.
Chairman MacCleery motioned to enter into non-public session at 10:20pm, under RSA 91-A: 3, II, (a), to discuss a personnel matter. Selectman Jordan seconded the motion. Chairman MacCleery called the vote, Jordan - yes; DeBold - yes; MacCleery - yes. Motion carries.
Motion to seal the minutes for five years, moved by Selectman DeBold, seconded by Chairman MacCleery. The chairman called the vote, Jordan - yes; MacCleery - yes; DeBold - yes. Motion carries.
Chairman MacCleery moved to close the non-public session at 10:40pm. Selectman DeBold seconded the motion. Chairman MacCleery called for the vote. Jordan - yes; MacCleery - yes; DeBold - yes, motion carries.
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The Board tabled adoption of the cell phone policy to allow Selectman DeBold further review.
Selectman DeBold will draft specifications for the new heating system at the Safety Building.
Lisa was directed to reappoint members for the Joint Loss Management Committee.
Selectman Jordan will finalize the Pittsfield perambulation with Selectman Vien.
The Board reviewed the explanation letter drafted for Ms. Kenneally outlining the differences in accounting reports listed in the annual report. The Vendor Expense report is a listing of expense checks only, liability checks are represented in the CAFR reporting sheets and no longer show up on as a vendor expense. The school liability only reflects payments made through December 3, 2008; the remaining commitment is p aid out through the school's fiscal year of June 30th. This form of reporting is much more in depth than the all in one report Ms. Kenneally was familiar with during her tenure. The Board was satisfied with the explanation as stated. A copy of the letter is attached to the permanent record.
The Board will discuss the need for filling the full-time highway position with the new Road Agent.
The Board reviewed the request by the Trustees of Trust Funds to seek assistance from the auditor with reconciling the reporting procedures for the MS-9 and MS-10 reports. The Board was in full agreement that this issue needed to be addressed and authorized the expenditure for the Trustees to work with the auditor, first by phone and further if necessary.
The Board was not in favor of paying an invoice for cell phone services from the Forest Warden for the months of January, February and March. This was a new expenditure voted upon at Town Meeting with an effective date of April 1, 2009. The Board would not pay for retroactive charges.
The Board signed the MS-2, Total Appropriations voted from the 2009 Town Meeting, $1,935,214.
Selectman DeBold will perform a site inspection to confirm that all lighting concerns have been addressed at Tractor Supply. Selectman DeBold has spoken to a representative from the Weathervane Restaurant regarding the alleged glare being emitted in to the woods and disturbing residents on Bailey Road. Mr. Gagnon will look into the problem and contact the Board.
Mail and correspondence were reviewed. Accounts payable and payroll were signed.
Being no further business for this evening, Chairman MacCleery adjourned the meeting at 11:00pm.
Respectfully submitted,
Lisa Stevens Approved As Written
Administrator 3/31/09
_________________________ _______________________ _________________________
Stephen MacCleery, Chairman Jeffrey Jordan Richard DeBold
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