Chichester Board of Selectmen
SELECTMEN'S MINUTES
May 12, 2009
MEMBERS PRESENT: Chairman MacCleery, Selectman Jordan, and Administrator Lisa Stevens. Selectman DeBold was excused.
Others present: Bette Bogdan, Richard Halloran, Barbara Frangione, Tom Houle, Allen Mayville, David Dobson, Lucille Noel and Ewen MacKinnon
Chairman MacCleery opened the meeting at 7:00pm
Subject: Cable Franchise Negotiations
Present: Bryan Christiansen; Senior Mgr. Government Affairs Comcast and CFC members, Bruce Dyke, Paul Twomey, Brandon Giuda, Holly MacCleery and Mike Valotto
Mr. Christiansen outlined the process Comcast typically handles with re-negotiations.
The town is in the "sweet spot" time-frame.
Contract expires April 2010.
Comcast notified the town via a letter twenty months ago.
Informal approach - such as this with a citizens committee
Formal approach - RFP process (requests for proposals)-not common
Contract is governed by the federal process-for television only
Next step - negotiate with the committee and Selectmen representative
Items outside the scope of this negotiation-programming, technology, telephone and internet-TDS is a local exchange carrier and therefore Comcast is not able to provide the "Triple Play", phone, cable & internet bundle
Mr. Christiansen finished by stating he is very conscientious of the price and bottom line.
The committee would like to sit down with Mr. Christiansen and discuss their points of interest; increase franchise fees from 3% to 5%, access in all town buildings, elderly discount, and local access channel
Timeframe to finalize negotiations was stated as year end. The committee would like to accelerate that and be finished by early fall in the event that an impasse is reached.
The committee is scheduled to meet with a representative from the Local Government Center at the end of the week and would like to obtain contracts from surrounding towns or towns of similar size to compare options. The committee will schedule to meet with Mr. Christiansen in the next two weeks.
Chairman MacCleery asked who the rates are set by, the Public Utilities Commission? Bryan answered; the rates are set by the market.
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GENERAL BUSINESS/BOARD DISCUSSION:
Bruce Dyke, on behalf of the Suncook Valley Regional Town Committee posed the question of whether or not a discussion of payment distributions with the SAU has been brought up. It seems other towns do not have a regular payment schedule in place either and this leads to unnecessary borrowing for the towns. Chichester does not have a schedule provided from the SAU but the town and school treasurers work hand in hand with the Selectmen's office to communicate and plan on the timing of expenditures to avoid having to borrow funds for what accounts for a few weeks of low cash flow twice a year.
Dave Dobson, on behalf of the Congregational Church asked the for the Board's permission to use the upper fields at Carpenter Park for the church's softball team. Mr. Dobson has been in touch with the Youth Association to co-ordinate the schedules and is aware that school or association activities would take precedence. The Board agreed to the use by the Congregational Church.
The Selectmen reviewed the list of candidates interested in joining the Heritage Commission. Chairman MacCleery moved and Selectmen Jordan seconded to appoint Dawn Marshall and Robert Mann, representatives from the Conservation Commission; Tom Jameson from the Planning Board; Lucille Noel and Barbara Frangione from the Historical Society for one year terms. Motion carried. It is the intent of the commission to amend the membership requirements of the commission through a warrant article at next years town meeting as it has been brought to their attention that statute does not permit two planning board members to serve as representatives on the same committee. At this time no names have been given to fill the two citizen alternate positions.
Selectman Jordan moved, Chairman MacCleery seconded to appoint Chairman MacCleery as Selectman representative on the Heritage Commission. Motion carried.
Ms. Bogdan offered to join the commission to fill one of the citizen alternate vacancies. Selectman Jordan moved, Chairman MacCleery seconded to appoint Bette Bogdan as a citizen alternate for the Heritage Commission for a one year term. Motion carried.
The Board scheduled the first meeting of the commission for Thursday, June 18th at 7:00pm, at the library.
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Chairman MacCleery, complimenting the staff for a job well done, read the following excerpt from a letter written by DRA Property Appraisal Division Director Stephan Hamilton in relation to the Towns compliance with the five year Assessment Review; "We are pleased to report that you have met all of the above guidelines as recommended by the Assessing Standards Board. Your attention to detail, thoroughness, periodic review, integrity and hard work are commendable. You stand out as an excellent example for other communities to follow. Congratulations on a job well done!"
Subject: Fire Bill
Present: Brandon Giuda
Mr. Giuda came before the Board to dispute the allegations stated in a letter to him from the Forest Warden during a recent incident at the Giuda property. Mr. Giuda began with stating that he wanted on the record that it is his opinion that the letter is asinine, overblown and untrue. Mr. Giuda continued by stating his problems with the Warden writing a letter that is absolutely untrue;
The date is incorrect; the incident took place on April 25th, not April 26th;
There were not three piles 'ablaze' and there were not three 'smoldering brush piles' - there was one smoldering ash pile with one tiny wisp of smoke, one ash pile with some hot ashes and one middle ash pile that was not hot.
There were two oversized butt logs buried under the pile that we didn't see until it burned down. The ash pile farthest from the road did contain one piece that had not burned that at its butt was 5.75 inches with the entire remaining portion less than 5 inches.
The allegation of no suppression material or equipment is untrue. One rake and an excavator along with a truck with rakes and shovels were 300 feet away and the piles were near the stream.
Mr. Giuda was not pleased with not being given the opportunity to suppress the ashes and stated his displeasure with what he termed Mr. Stocks authoritative attitude. Mr. Giuda continued expressing his dissatisfactions with the town wasting our resources and has requested an itemized breakdown of the bill from Warden Stock.
Selectman Jordan stated he questioned the actions last week when being notified of this incident and asked Mr. Giuda if he did have means of extinguish the fire.
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Brandon responding first by reiterating there were no fires but yes, rakes were right there, the pile had been inspected by Deputy Warden Vien when the permit was issued and he did not detect the butt logs in the middle of the piles either. Mr. Giuda finished by stating it is troubling to have this kind of official in town.
It was stated for clarification that the Loudon fire truck was already nearby at a car fire on Healy Pasture Road. Mr. Giuda will wait for the itemized bill and then follow-up with the Board.
GENERAL BUSINESS/BOARD DISCUSSION:
The Selectmen have received a response from the Department of Transportation regarding the request for a traffic study on Main Street. Bottom line while agreeing with all concerns cited, the only course of action the town has is to solicit the legislature to change the classification of the road from a Class II (State) to a Class V (Town). Selectman Jordan offered to discuss this matter further with State Senator Jack Barnes. The town's goal is to have the State post the road and it remain a State road. A copy of the communication will be forwarded to Mrs. Frangione and Mr. Walter Sanborn.
The Board reviewed an email from the Road Agent discussing the water drainage problem on Horse Corner Road near Bailey Road. The Board recommended the Road Agent attempt to meet with the property owner on which the pond sits to ascertain whether or not this is a fire pond installed by the town and the abutting property owner that since clear cutting the twenty acres has attributed to the volume and path of the runoff, prior to any further work commencing by the town. Lisa will inform the Road Agent.
Mr. MacKinnon brought his concern to the Board regarding the installation of the retaining wall and berm on the Chucksters site not being built per the conditions stated in the approved site plan. This project is still under construction and Mr. MacKinnon hoped this could be corrected while equipment and material was still on site rather than waiting until completion and perhaps adding more expense to the property owner. Prior to town involvement, Chairman MacCleery suggested Mr. MacKinnon stop in and speak with the property owners to give them an opportunity to work on the project as directed. Selectman Jordan agreed with that recommendation and stated that the Board was duly noted with Mr. MacKinnon's letter. Mr. MacKinnon indicated he would speak with the owners.
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SUBJECT: Incorrectly permitted sign
Present: Bruce Luksza
Mr. Luksza met with the Board to discuss to respond to the letter he received from the Selectmen questioning whether or not a business is being operated from his residential home without Planning Board approval. If no business is operating then the zoning ordinance does not permit off premise signs and the building inspector erred when issuing the permit. If a business is operating then approval for a home occupation is required from the Planning Board.
Mr. Luksza stated that he has always had a business there, in fact he bought the property specifically for that reason, he has no customers, he does not stockpile material, just parks his commercial equipment there. Mr. Luksza stressed these points-
The town staff interpreted the zoning to read that his sign was permitted.
Have all the other people with illegal signs been sent a letter.
He has followed all the rules, got a driveway permit, a building permit for his garage, a permit for his sign.
The thirty day time frame for the town to rescind the permit has passed.
If he takes the sign down, the town would have to pay for the cost to construct.
He is not in a position to take the sign down in this bad economy it is necessary, so far the sign has brought him $60,000 worth of business.
He feels strongly that when phone calls started coming into the town office about his cutting of his trees that is when the sign became a problem.
When the economy changes he may be more agreeable to removing the sign but not now.
Mr. Luksza stated it is not his burden if the town records do not contain a copy of his home occupation approval but he has spent several thousands of dollars going round and round with the Planning Board in the past and is prepared to take this legal if the Selectman wish to spend the people's tax dollars to argue this case. Chairman MacCleery asked Mr. Luksza if he had any employees. Bruce responded I have two, my sons. Selectman Jordan stated he remembered years ago when Mr. Luksza dealt with the Planning Board and ended up with a permit but Selectman Jordan did not recall what the permit/approval was for.
The Board deferred any further discussion until Selectman DeBold was present and thanked Mr. Luksza for coming in this evening to speak with them.
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The Selectmen reviewed the nominations submitted by the Planning Board for two town representatives for the Central New Hampshire Regional Planning Commission. One nominee is an employee of the PB rather than a member and Chairman MacCleery felt strongly that both nominees should be PB members and further questioned why the Chairman of the PB was not the second member. Traditionally, the Chairman of the PB is a representative. Chairman MacCleery recalls this commitment as one cited when the PB proposed a stipend for the chairman position due to all the extra duties required such as membership on this group. Decision was deferred until a full board was present.
Chairman MacCleery questioned the location of a sign placed in the bed of a pickup truck located in the state right of way on Route 28. Further information is needed to research this matter.
The audience informed the Board that cars are being advertised for sale again at the end of Webster Mills Road.
Mrs. Frangione inquired if any Rule of Procedure existed for the Cemetery Trustees and whether or not the trustees were cognizant of their duties, or if a handbook existed that outlined them. The Historical Society is continuing with their mapping of the cemeteries and has commented on the conditions and maintenance needed at some. The Board informed Mrs. Frangione that any Rules of Procedure adopted must be filed with the town clerk.
Ms. Bogdan again stated her request for a community forum such as a Candidates Night and asked the Board for their thoughts. Chairman MacCleery did not have a problem with such an event but did not believe the town should sponsor it. Bette volunteered to work with the Grange to host and coordinate the event. Selectman Jordan thought it a great idea and volunteered to help. A discussion took place surrounding the Selectmen's role in elections and Bette shared an article from the monitor regarding the Town of Peterborough case in which Selectmen were found to be guilty of electioneering. This lead to Ms. Bogdan repeating her appeal for the town to adopt an Ethics Committee to educate public officials and employees on proper, moral and ethical conduct. Ms. Bogdan will forward an article from the Attorney General's
Office stating their position on the law.
Ms. Bogdan inquired as to the status of assisting a resident with trash removal and again offered her assistance. Selectmen Jordan is working on the matter.
Lisa indicated no additional names have come forward to join the Space Needs Committee. Lisa was directed to schedule a meeting.
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Chairman MacCleery is still working on an alternative proposal for the additional space needs and more efficient heating for the town clerk and selectmen offices.
Due to the absence of Selectman DeBold, no updates were available as to the alleged zoning violations at the Weathervane or Patten properties.
The minutes of May 5, 2009, were approved as written.
Remaining mail and correspondence were reviewed and shared with the members of the public.
Accounts payable and payroll were signed, the manifest for May 15, 2009, totaled $19,483.74.
Chairman MacCleery moved, Selectman Jordan seconded, to accept the 1st issue property tax levy in the amount of $3,054,401.00. Motion carried.
Chairman MacCleery moved, Selectman Jordan seconded to accept the pole license from Unitil for poles 23-1 and 23-2, located on Horse Corner Road. Motion carried.
Being no further business for this evening, Chairman MacCleery adjourned the meeting at 9:30pm.
Respectfully submitted,
Lisa Stevens Approved As Written
Administrator 5/19/2009
_________________________ ____________________ ___________________
Stephen MacCleery, Chairman Jeffrey Jordan Richard DeBold
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