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Selectmen Minutes 06/23/2009
Chichester Board of Selectmen
SELECTMEN'S MINUTES
June 23, 2009

MEMBERS PRESENT:  Chairman MacCleery, Selectman Jordan, Selectman DeBold and Administrator Lisa Stevens.  

Others present: Allen Mayville, Bette Bogdan, Barbara Frangione, Lucille Noel, John Martell and Bruce Luksza

Chairman MacCleery opened the meeting at 7:00pm

Subject: Mr. Scheys has canceled his scheduled appointment for this evening.

GENERAL BUSINESS/BOARD DISCUSSION:

Ms. Frangione expressed her concern over outside behavior taking place by recent renters of the grange hall.  Ms. Frangione requested the Board reinstate a deposit mandate and require that a custodian be present at all times not just to open and close.  The Board stated they would review the policy.

As chairwomen for the Space Needs Committee, Ms. Frangione asked for clarification from the Board as to their wish for the time span the committee should be projecting for their long term planning.  Discussion involved not wanting to duplicate efforts of fellow committees but rather to work in concert with.  The Board expressed their thoughts that the SPC is looking at the town as a whole, assessing the current needs and the long term growth effects for all the town facilities.  

Ms. Bogdan requested consideration for the vacant Health Officer position.  Bette stated she currently has a great working relationship with the Emergency Services departments in town, being a current member of the Capital Area Preparedness Health Network and the Northwood Point of Distribution team. M. Bogdan is a licensed nurse and stated her career background would lend itself well to this position. Chairman MacCleery indicated that an interview can be scheduled when the Board discusses filling the vacancy.  Selectman DeBold asked for a resume or Letter of Interest for review.  

Mr. Luksza asked to speak with the Board regarding the opinion received from counsel concerning the scenario of during a court trial, would a jury be more likely to weigh the written record over witness testimony of remembered events. Bruce did speak with Ms. Stevens whom informed him that a written letter of response from the Board would be forthcoming.   Mr. Luksza preferred to hear from the Board in person

Chairman MacCleery began by stating that the Administrator is the spokesperson for the Board.


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Selectman DeBold summarized the contents of the letter which states that the Board acknowledges Mr. Luksza has been operating a business from his home at 64 Swiggey Brook Road, under the belief that he in fact received a Home Occupation permit from the Planning Board and will be allowed to continue at the current status with no further requirements of the town unless and until a change of use to the business or property occurs.  

Mr. Luksza read the letter in which he signed acknowledgement and agreement with.  The Board deemed this matter closed.

The Board discussed the desire of finalizing the Fraud Policy prior to Ms. Stevensí departure.   Lisa will have ready for signatures next week.

Spencer Brothers Environmental has submitted a proposal for the fuel tank replacement at the Community Building.  This contact was forwarded from Richard Millette and is the same contact Mr. MacCleery submitted.  The Board directed Lisa to reach out to the current service vendor for a final time.  

Ms. Frangione inquired whether or not the Board had made any consideration of the petition submitted to form a selection committee for the Administratorís replacement. They have not but plan to discuss the issue later in the evening.

The Board handled the abatements before them for this evening.

Chairman MacCleery moved to deny the request of Dragon, map 2, lot 32-B, based on the recommendation from assessor Murdough.  Selectman Jordan seconded the motion, all were in favor, motion carried.

Chairman MacCleery moved to deny the request of Pearson, map 2, lot 51-7, based on the recommendation from assessor Murdough.  Selectman Jordan seconded the motion, all were in favor, motion carried.

Chairman MacCleery moved to deny the request of McPhail, map 3, lot 24, based on the recommendation from assessor Murdough.  Selectman Jordan seconded the motion, all were in favor, motion carried.

Chairman MacCleery moved to deny the request of Steed, map 9, lot 45, based on the recommendation from assessor Murdough.  Selectman Jordan seconded the motion, all were in favor, motion carried.

Chairman MacCleery moved to deny the request of Brehm, map 3, lot 11, based on the recommendation from assessor Murdough.  Selectman Jordan seconded the motion, all were in favor, motion carried.
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Chairman MacCleery moved to abate the sum of $45,800 in assessed value and to refund the sum of $978.00 plus interest, to Lindquist, map 5, lot 72, based on adjustments made to the building value due to ongoing renovations.  Selectman Jordan seconded the motion, all were in favor, motion carried.

Chairman MacCleery moved to abate the sum of $26,400 in assessed value and to refund the sum of $564.00 plus interest, to Gatfe, LLC, map 8, lot 51, based on adjustments made to the building value. Selectman Jordan seconded the motion, all were in favor, motion carried.
  
Chairman MacCleery moved to abate the sum of $14,600 in assessed value and to refund the sum of $311.00 plus interest, to Marshall, map 2, lot 46-C, based on adjustments made to the building value.  Selectman DeBold seconded the motion, all were in favor, motion carried.

Chairman MacCleery moved to abate the sum of $59,300 in assessed value and to refund the sum of $1,266.00 plus interest, to Locke, map 3, lot 81, based on adjustments made to the building value due to its condition.  Selectman DeBold seconded the motion, all were in favor, motion carried.

Chairman MacCleery moved to abate the sum of $342,000 in assessed value and to refund the sum of $7,302.00 plus interest, to JE Chichester Realty LLC, map 4, lot 26, based on adjustments made to the land value. Selectman Jordan seconded the motion, all were in favor, motion carried.

Chairman MacCleery moved to abate the sum of $50,000 in assessed value and to refund the sum of $17068.00 plus interest, to Jordan, map 2, lot 38-A, based on adjustments made to the land value. Selectman DeBold seconded the motion, two in favor, one abstention, motion carried.

Chairman MacCleery executed the oath of office to Allen Mayville for his alternate position on the Planning Board.

The Board reviewed and discussed a proposed amendment to payout of compensated benefits for employees.  Currently Vacation time is earned as of anniversary date (date of employment) and paid out in full when an employee severs employment.  Going forward, the Board would like the time accrued monthly and pay out will be on a pro-rated basis, dependant on time of separation.  This change would not effect carryover time.   




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Ms. Frangione raised a concern that has arisen as a result of the Historical Society working on documenting the grave sites at the town Cemeteries.  According to the reports of the trustees, the town is not being reimbursed for annual maintenance expenses.   The Board directed Ms. Frangione to speak with both the Cemetery Trustees and the Trustees of the Trust Funds regarding her concerns.  It is possible, through legislative action (warrant article) to dissolve trustees.  Also, the town can seek assistance through the Attorney Generalís office to resolve the ongoing record keeping issues.  

The Board discussed the upcoming hiring process.  Ms. Frangione clarified that the intent of her petition was not to have it perceived as a threat but rather a tool to assist the Board with their decision.  Ms. Frangione has sat on selection committees in the past and speaks firsthand of their importance, believing that it betters the process.

The Board cited their concerns for confidentiality and the ability to encumber that privilege on members of the general public.  Chairman MacCleery is not in favor of forming a committee citing the potential liability of a confidentiality beech and stated that he as a Selectman is charged with the hiring.  Selectman Jordan stated he would like to check with town counsel first.  Selectman DeBold was in favor of the idea but with only two additional people outside of the Board and Ms. Stevens who has agreed to assist in the process.  

Lucille spoke of her past experience with selection committees citing that it brought a lot of diversity and different perspectives to the process making for a richer choice, really making the committee think.  

The Board directed Lisa to contact town counsel and seek his opinion.

 At this time the Board wished to review the twenty-five applications received for the Administrator position.

Chairman MacCleery moved to enter into non-public session at 9:40pm, pursuant to NH RSA 91: A-3, II, b, to discuss the potential candidates for Administrator. Selectman DeBold seconded the motion, the chairman called the vote.  DeBold ñ yes, Jordan ñ yes, MacCleery ñ yes.  Motion carried.

Chairman MacCleery moved to seal the minutes of the non-public session for a period of ten years.  Selectman DeBold seconded the motion, the chairman called the vote.  DeBold ñ yes, Jordan ñ yes, MacCleery ñ yes.  Motion carried.




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Chairman MacCleery moved to close the non-public session at 10:37pm.  Selectman DeBold seconded the motion, the chairman called the vote.  DeBold ñ yes, Jordan ñ yes, MacCleery ñ yes. Motion carried.

The Board directed Lisa to schedule interviews for seven candidates.  Interviews will be conducted the evenings of July 7th and July 14th.  

Department Heads meeting will be rescheduled for next Tuesday.

Lisa was directed to contact town counsel for his opinion of a selection committee.  Should it be favorable, Lisa will contact Arthur Ellis and ask for his participation on this committee.  

The Board signed a Letter of Proclamation honoring the late Doctor Edward Meehan and will contact the Meehan family regarding the payout of wages earned.

The remaining mail and correspondence were reviewed.

Accounts payable and payroll were signed, the manifest totaled $ 37,544.89.

The minutes of June 16, 2009 were approved as written.

Being no further business for this evening, Chairman MacCleery adjourned the meeting at 10:45pm.  

Respectfully submitted,


Lisa Stevens
Administrator                                                           

Approved As Written
                                                                        6/30/09




_________________________    ____________________ ______________________
Stephen MacCleery, Chairman     Jeffrey Jordan           Richard DeBold