Chichester Board of Selectmen
SELECTMEN'S MINUTES
March 31, 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, Jim Plunkett, Walter Sanborn and Mike Mobbs
Chairman MacCleery opened the meeting at 7:00pm
GENERAL BUSINESS/BOARD DISCUSSION:
Chairman MacCleery opened the meeting to public comment.
Barbara Frangione informed the Selectmen that a lot of debris is going into the catch basin in front of the Community Building. The catch basin is on State property, Division 5 will need to be notified.
Mrs. Frangione also informed the Selectmen about the large amount of material scraped off Pound Road ending up on her front lawn. She requested the Board speak with the Road Agent and have the material put back on Pound Road. Mrs. Frangione was given Mr. Plunkett's phone number to contact directly.
Walter Sanborn was interested in a follow-up to whether or not the Selectmen had sent a letter to the State regarding the non-binding vote of Town Meeting 2008 in which the town expressed interest in encouraging the State to limit tractor trailer use on Main Street. Selectman DeBold has spoken to Division 5 about the issue and was told that nothing could be done, Main Street is designated as a Class II road and it cannot be restricted. It would require an act of legislature to have the road reverted back to a town road. Mr. Sanborn suggested the Board write a letter to the Traffic Division, citing safety concerns and request a study be conducted. Mr. Sanborn has followed trucks and seen that they cannot make the corners without crossing over the yellow lines. Mr. Sanborn also stated there are no businesses on Main
Street; these trucks are only traveling this road for the short cut to Route 28. Crossing the street from the Grange to the Community Building is hazardous as well. The town has tried in the past to have a crosswalk designated and were told the placement was too close to the corner. The Board agreed to write a letter to the State and include this information.
Mike Mobbs contested the letter he received from the Selectmen informing him that according to the adopted Winter Maintenance Policy, the town was not responsible for replacing his mailbox that was damaged by a snow plow. Mr. Mobbs stated that he and his wife witnessed the mailbox being deliberately hit by the grader driven by Mr. Kenneally and this is not the first time his mailbox has been hit by the plow drivers.
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Mr. Mobbs stated that the drivers are driving too fast and it was his opinion that if personal property is destroyed, the town should have to pay for it, the Road Agent works for the town and the Selectmen are over the Road Agent. Mr. Mobbs also cited an incident, he believes happened after the adoption of the Winter Maintenance Policy, in which the town reimbursed the Millette's, also on Horse Corner Road, for their mailbox replacement. The Board agreed to research the matter.
Chairman MacCleery gave his opinion that the driver should be held responsible and pay for the damage personally, not the town.
Selectman DeBold stated he did believe the Board would change the policy right now but perhaps review and submit to counsel for further review. Selectman DeBold stated the safety and plowing of the roads is foremost and was sorry if an occasional mailbox gets damaged.
Mr. Mobbs was very aggravated and stated such, commenting that he may in fact have to go further with this to get his $50.00 for his mailbox. Mr. Mobbs stated he did not receive a phone call or letter of apology from the former Road Agent, no acknowledgment at all that the mailbox was damaged. Mr. Mobbs stated over the past few years the plow trucks have pushed the banking of the road bank to the point that his mailbox now sits at the road. Mr. Mobbs invited the Selectmen to his property to view the boundary of the road for themselves.
The Board still refused payment of the mailbox at this time.
On behalf of resident Andrews, Mr. Mobbs requested the Board print a larger Town Report, stating many folks found it hard to read and suggested maybe ten copies could be printed in a larger format. Ms. Bogdan, advocating for those that are visually impaired, suggested that perhaps one hundred large print copies could be made. Also mentioned was the font size of the Selectmen's minutes posted on the website. Lisa will work with webmaster Fred Shaw, about adjusting the size and format for enhanced readability.
Chief Vien informed the Board that the department has begun the burn off the upper Shaw field. This section was not burned last year. Warden Stock was notified by the Chief but was unable to attend the burning.
Selectman DeBold informed the Board that he has contacted Yeaton Associates regarding assistance with specifications for drafting a Request for Proposal for the upgrade to the HVAC systems at the Safety Building.
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The report from Yeaton Associates recommends a furnace for the police department space; however it is not clear whether reconfiguration of the existing basement furnaces will be sufficient to address that area. Selectman DeBold asked the Fire Chief about the status of the renovations at the Safety Building. Block work on the detention cells is progressing, the stairs have been relocated, and the bathrooms have been framed in as well as the wall between the two bays. Chief Vien commented that local plumber Bob Gagne has donated a lot of time to this project and perhaps he could do the upgrade work to the HVAC system.
Chief Vien suggested the Board speak with resident Dick Millette about writing up specifications for the roof top furnace unit that is scheduled for replacement. Mr. Millette has worked in this field in the past. It is unclear at this time what point the police department renovations are, Selectman DeBold will touch base with Chief Clarke prior to next meeting.
Road Agent Plunkett joined the meeting to discuss removal of several trees posing hazards on various town roadways. Trees located on Towle Road, designated a scenic road, and must have Selectmen approval prior to the road agent removing the hazard. The Selectmen approved the removal of two trees on Towle Road, one on Horse Corner Road, near Smith Sanborn and one on Granny Howe Road. Mr. Plunkett has an estimate of cost from Lee's Tree Service for $1600.00.
Mr. Plunkett reported the department is struggling to get Ferrin and Durgin Roads back in good shape.
Mr. Plunkett shared an observation about a property on Connemara Drive running drainage into the detention pond. The Board commented that this is taking place on the homeowner's property, outside of town property.
Mr. Plunkett is hoping to lift the road postings on or about April 15, 2009.
GENERAL BUSINESS/BOARD DISCUSSION:
Selectman DeBold brought a revised Bond Exemption Agreement to the table for the Board's approval. The amount of the bond has been brought back to $37,000. Selectman Jordan moved to accept the Bond Agreement with TJ Caldon, contractor for Chucksters, LLC, in the amount of $37,000. This agreement allows trucking on Bailey Road during the road posting. Selectman DeBold seconded the motion, all were in favor, motion passed.
Chairman MacCleery moved to reappoint Frank Lemay, John Poirier and James Towle, for one year, as members of the Welfare Fair hearing Panel. Selectman Jordan seconded, all were in favor, motion passed.
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Motion Selectman Jordan, second Selectman DeBold to reappoint Ed Meehan as a member of the Zoning Board for a three year term, all were in favor, motion passed.
Chairman MacCleery noted an error in his motion to reappoint the members of the Fair Hearing panel and so moved to reappoint Frank Lemay, John Poirier and James Towle for three year terms to the Welfare Fair Hearing Panel. Selectman Jordan seconded, all were in favor, motion carries.
Chairman MacCleery next brought up the reappointment of Planning Board member Joanna McIntosh. Selectman DeBold, Ex-Officio on the PB, inquired of Town Administrator Stevens, if she had recently confirmed with Ms. McIntosh her desire to continue on the Planning Board as Ms. McIntosh had previously mentioned that she would not be seeking reappointment to allow for a new appointment. Town Administrator Stevens confirmed that Ms. McIntosh now did wish to seek reappointment.
Selectman DeBold discussed his reservations concerning the reappointment of Planning Board member Joanna McIntosh as she had previously intended not to continue and that he believes it is very important that Planning Board members are firmly committed to serving. It is Selectman DeBold's opinion that some of the current Planning Board members need to be more active and participatory in the process and also that some fresh insight by new membership be added to round out the board. Selectman Jordan concurred with Selectman DeBold regarding the lack of participation of some PB members as evidenced from his attending previous meetings. Selectman DeBold feels it is extremely important for the PB members to be engaged, to ask questions, to take part in discussions, and to offer opinions and solutions.
Chairman MacCleery inquired about Ms. McIntosh's attendance record; she attends most if not all meetings was the response. Resident Mike Valotto is scheduled to meet with the Board next week to discuss his interest in joining the PB. Selectman DeBold requested the Board allow him time to speak with additional volunteers regarding their interest and meeting with the Board. The Board tabled this appointment for this evening.
Chairman MacCleery has confirmed the fact that there is no statutory mechanism within the law requiring a selectman sit on the Zoning board of Adjustment as an ex-officio; it is however written as part of the Rules of Procedure adopted by the Chichester Zoning Board. For now, it will remain in place and brought to the ZBA for discussion. Selectman DeBold moved to reappoint Chairman MacCleery as ex-officio to the ZBA for one year, seconded by Selectman Jordan. All were in favor, motion passed.
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Chairman MacCleery moved to reappoint Selectman DeBold as ex-officio to the Planning Board. Selectman Jordan seconded the motion, all were in favor, motion passed. Selectman DeBold took the oath as administered by Chairman MacCleery.
Lisa has reviewed the assessment records for the Pinckney home, assessed in the rural zone as a single family with a finished basement. There is an open permit on file for a garage. Minutes of the Selectmen's meeting from November 2002, indicate a discussion with the Board for an accessory apartment over a garage, no outcome is know at this time. The concern for an un-permitted basement apartment rose from the March 17, 2009 selectmen's meeting concerning the temporary placement of Raymond Guay. The Board directed Lisa to have the Building Inspector contact the homeowner and discuss the use of the finished area in the basement.
Selectman DeBold has contacted the Daly's regarding the compliant of glare from the Weathervane and updated them as to the status of same.
Selectman DeBold has made a site visit to Tractor Supply, and reported that all light fixtures are now in compliance. This complaint is deemed satisfactorily closed by the Board.
Chairman MacCleery moved to adopt the Town of Chichester Cell Phone Policy as written. Selectman Jordan seconded the motion, all were in favor, motion carried.
The Board discussed grounds keeping needs for 2009. Lisa informed the Board that the current vendor has once again offered to stay with the current price provided the Board not put out for bid. Concerns from last year were discussed such as the damage to the outside spigot at the library and the need for additional weed whacking at the park. The Selectman would like to discuss with department heads at their next meeting to learn if more concerns are out there prior to making a decision for this year. Ms. Noel reminded the Selectman that the town property at Thunder Bridge should be added to the locations needing grounds maintenance.
The Board directed Lisa to schedule Matt Cole to meet with them and discuss his interest in the Capital Improvements committee.
The Board reviewed the draft Mileage Policy and will review at length this week. Recommendations/revisions will be discussed at next meeting.
Chairman MacCleery broached the subject of how the Board was going to handle discussion with the Road Agent regarding questions that arose last week about his reported work history.
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Selectman DeBold stated the Board is taking this seriously and he in fact has called the Town of Londonderry regarding the former Terra Flora business. Selectman DeBold stated the Board has unanimously determined, without question, that Mr. Plunkett is presently qualified for the Level II status on the Town of Chichester Road Agent Wage Classification Scale and that is what is being paid now. Further, Selectman DeBold stated his opinion that some of the people in attendance this evening, those in particular who have persistently raised the questions and concerns about Mr. Plunkett's past work history, can not be unbiased about the new Road Agent and can not let the fact go that he won the election. Barbara Frangione commented that she agrees the election is done; she is here because the Board has not answered the
questions, and she is looking for the clarification about Mr. Plunkett's work history. Barbara further stated she wishes Mr. Plunkett to succeed and does not want him to have this cloud hanging over his head but wants to know, did he or did he not supervise employees for a full three years? Selectman DeBold states that Mr. Plunkett's previous work experience is something that the Board will be looking into and verifying, but it is not necessarily imperative to answer these particular questions at this immediate time.
Mr. Plunkett's probation period, and time for review for possibly moving to a new Wage Level, where specific work history does enter into the qualifications, will not be for at least six months and that could even be changed to a full year so that the Board can review Mr. Plunkett's performance through next winter.
Alan Mayville stated, some will say this is a cheap shot at his qualifications, but cheap shots were done before with the former Road Agent, shall we say Merrimack. Chairman MacCleery reiterated that his questions comparing winter costs and the story on the news about the Town of Merrimack were not politically motivated.
Mail and correspondence were reviewed. Accounts payable and payroll were signed.
Being no further business for this evening, Chairman MacCleery adjourned the meeting at 9:50pm.
Respectfully submitted,
Lisa Stevens Approved As Written Administrator 4/7/09
_________________________ ____________________ ______________________
Stephen MacCleery, Chairman Jeffrey Jordan Richard DeBold
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