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Selectmen Minutes 07/28/2009
Chichester Board of Selectmen
Minutes of Meeting
July 28, 2009

Members present:  Chairman Stephen MacCleery, Sr., Jeffrey Jordan, Richard DeBold and Jamie Pike, Administrative Assistant.

Others present:  Bette Bogdan, Barbara Frangione, Paul Adams, Walter Sanborn, Gordon Pike, Darlene Pike, Emily Pike, Darlene Good, Donna Chagnon, Fred Chagnon, Allen Mayville, and Cynthia Mayville.

Chairman MacCleery called the meeting to order at 7:00pm.

The following minutes were prepared by Richard DeBold, as Jamie Pike was the representing party;

Public Hearing - RSA 231:11, Layout a New Highway, Durgin Road Upgrade
Chairman MacCleery proceeded to open the public hearing for the petition by Mr. Jamie Pike to seek authorization, under RSA 231:8, to upgrade a portion of Durgin Rd. to a Class V roadway.

The petition was received by the Board on June 9, 2009 and the public hearing was properly posted as required under RSA 231:8.

Chairman MacCleery asked whether any abutters were present.  Abutters present were, Darlene Good, Mr. and Mrs. Gordon Pike.

Mr. Jamie Pike was asked to explain in detail his petition proposal and present information on his research of the history of Durgin Road and rangeway.

Considerable discussion was heard over; (1) the past existence of an actual roadway or whether it has always been a rangeway,  (2) ownership of the lands abutting and under the roadway/rangeway,  (3) responsibility of Jamie Pike to construct a roadway to ëstandardsí,  (4) no costs to the Town - all costs associated with the roadway construction to be paid by Jamie Pike, and  (4) construction inspection by the Road Agent.

Deed research has identified that the abutting property deeds all refer to the section of roadway to be upgraded as "Durgin Road (Range Road)".

Selectmen DeBold presented a comprehensive agreement form to be signed by Jamie Pike that covers all the issues associated with an upgrade of a roadway/rangeway to a Class V roadway.  This form has been used previously by the Board of Selectmen when roadways have been upgraded/reconstructed. It was decided that the description of the "hammerhead" turn-around should be added to the form prior to signature by Mr. Jamie Pike and the Board.  That will be added and brought to the Board meeting of August 4th, 2009.

Motion made by Selectmen MacCleery, seconded by Selectmen DeBold to approve the authorization for the upgrade of Durgin Road/rangeway to a ClassV roadway from the existing end point of the present Durgin Road, classified as a Class V road, and extending Durgin Road an additional 650 feet.

Motion carries unanimously.  
Robert Cavacco - Subdivision - Map 4 Lot 156-1

Mr. Cavacco was present this evening to express interest in altering the approved use of his site from storage units to RV sales.  Mr. Cavacco requested the Board of Selectmen to authorize this change.  Mr. Cavacco was directed to apply to the Planning Board if it was intention to change the approved use of the site.  I was acknowledged that there was a zoning change for this area in the past year.

Fred Chagnon - Assessment Information

Mr. Chagnon was before the Board on this evening to discuss how property assessments were fairly distributed throughout the Town in regards to properties that were smaller than the minimum required by zoning.  It was explained to Mr. Chagnon that all properties within a zoning district are assessed with a base land value.  There are adjustments to that land value with respect to less than minimum acreage, whether the land is vacant or developed or if there are other diminutive or enhancing factors such as topography, wetness, or non-customary use.

Morse Water System - 85 Suncook Valley Road

The Board discussed the long-term liability of Town to maintain those water systems that have been previously installed in certain homes along Suncook Valley Road.  Mr. MacCleery feels that the Town should maintain the systems until water tests taken before filtration or treatment show that the water is potable.  It was the consensus of the Board that the administrator for the Morse Estate be contacted to make arrangement for annual maintenance of the water system, and that the maintenance company be requested to test all water supplies to determine water potability.

Bette Bogdan - Health Officer Interview

Ms. Bogdan presented to the Board and those others present with her qualifications for Health Officer.  Ms. Bogdan has been in the nursing industry since 1985, has attained a Bachelors degree in nursing and is currently working toward a Masters degree.  Ms. Bogdan currently belongs to many public health agencies and committees, is well versed in emergency preparedness.  Ms. Bogdan would like take the office in direction of public outreach, education and prevention.  Several portfolios were presented by Ms. Bogdan detailing her experience and affiliations.
Ms. Donna Chagnon asked the Board what they were looking for in a Health Officer.  Mr. DeBold answered that traditionally Health Officer has been a reactionary duty, but would like to look at the new programs  that are to be instituted by the Department of Health and Human Services and would be comfortable in going in a new direction.  

Kevin Mara, DVM - Health Officer Interview

Dr. Mara has expressed an interest in becoming the Health Officer.  Dr. Mara has assisted the Police Department on a recent issue.  Dr. Mara is licensed to practice animal medicine and husbandry and is federally accredited in animal health.  Dr. Mara would like to know learn what would be expected of the role of the Health Officer.

Mr. DeBold stated that traditionally the position has been reactionary in nature has mostly dealt with animal, mold and septic systems.

Chairman MacCleery, referencing "Knowing the Territoryî requested Mr. Pike to provide copies of RSA 128:5 and RSA 147.  These sections related to the duties of the Health Officer.  The Board will make a decision after reviewing the referenced laws and deciding which direction the office will take in the future.

Depot Street Bridge - Bid Opening

Following the previous bidding period, the project was sent out for re-bid and the requirement that the contractor be on the State approved list of bridge contractors was removed to be able to include a larger audience.  During this bidding period, one bid was received:

        F.L. Merrill Construction - $53,400.00

The budget for the project was reviewed, and it was determined that the amount bid was within the limits of the allocated funds.  A motion was made by Chairman MacCleery and seconded by Mr. Jordan to accept the bid presented by F.L. Merrill Construction in the amount of fifty-three thousand four hundred dollars ($53,400.00) subject to submission of any required insurance and bonding certifications.  Motion passes.

2004 Police Cruiser - Bid Opening

The following bids were received for the 2004 Crown Victoria Police Cruiser:

  • Jeremy McCormack -      $100.00
  • Steve Ainsworth -       $150.00
  • Joe Darrah -    $1000.00

A motion was made by Mr. DeBold and seconded by Mr. Jordan to accept the bid presented by Joe Darrah in the amount of one-thousand dollars ($1000.00).  Motion passes.

Other business

The minutes of July 21, 2009 were reviewed.  Mr. MacCleery requested a correction to page 2 paragraph 6 to strike the last sentence regarding that only town employees would be permitted to operate the loader during Old Home Day for the tractor pulls.  It was the consensus of the Board that anyone authorized by the Road Agent, may be allowed to operate the loader for the event.  Mr. Pike asked for clarification concerning the conservation easement as discussed with Mr. Giuda.  The three amendments offered by the Conservation Commission had been reviewed and altered during the discussion on the 21st.  A new letter will be prepared for Camping World reflecting these corrections.  Being no further corrections, other than minor grammatical errors, the minutes were signed and approved as corrected.

The non-public minutes of July 21, 2009 were reviewed.  Being no corrections, the minutes were signed, approved and sealed as written.

Payroll and accounts payable were signed and approved in the amount of $23,906.19.

Chairman MacCleery announced that an offer has been made and accepted by Ms. Nancy Tanner of Washington, NH for the Town Administrator position.  Ms. Tanner will begin her duties on August 10th and will attend an introduction session at the Board Meeting on August 4th.  Ms. Tanner will be unable to attend the meetings of August 11th and 18th due to prior commitments; Mr. Pike shall be responsible for taking minutes for these meetings.    Mr. DeBold will prepare a letter to be sent to each of the candidates announcing the selection of Ms. Tanner.

The Board discussed the zoning complaint regarding the Noonan/LaFleur properties off Dover Road.  Mr. Dever has requested the Board to make a decision regarding the long term use of recreational trailers, and that if they are to be permitted, a list of conditions were submitted.  Mr. Pike noted that he had spoken with Ms. Cheryl Noonan, the owner of one of the trailers.   The Board directed Mr. Dever to prepare a letter to be sent to both parties regarding the use of the trailers.  It was determined that the long term use of trailers is not addressed in the zoning ordinance, but there are certain requirements imposed by DES that must be followed in regards to privies and gray water discharge.  It was also determined that the Land Use Change Tax Penalty be assessed on both properties as they have made changes to the physical characteristics of the property and place trailers upon such.  These changes disqualify the land from Current Use Taxation.

The Board reviewed an abatement recommendation submitted by Chris Murdough regarding Map 2 Lot 12, owned by Korey and Kristine Nyhan.  A motion was made by Chairman MacCleery and seconded by Mr. Jordan to grant the abatement in amount of $1067.50.  Motion passes.

The Board discussed the health concern at 47 King Road.  To date, the Board has not received written permission to access the property to remedy the issue.  Mr. Jordan has spoken with Rusty Colby with the Department of Agriculture and unless the Board deems it necessary to file for a formal investigation, the State Veterinarian would not be willing to accept jurisdiction.  Chairman MacCleery shall contact the abutters and inform them of what action the Board has taken.

Concerning the lighting complaint against the Weathervane, Mr. DeBold has place a phone call to the Maine office, and explained that any adjustments made to the lighting have not resolved the issue.  No response has been made at this time.

Mr. Pike submitted three Lighting Energy Efficiency proposals for the Board to review.  Those building involved in the recent lighting audit were the Grange Hall, the Community Building and the Library.  A motion was made by Mr. DeBold and seconded by Chairman MacCleery to withdraw $3,834.82 from the Office Equipment Capital Reserve Fund and to authorize its expenditure for the purposes of upgrading the lighting within the Grange Hall, Community Building and the Library.  Such funds will be supplemented with $1543.26 from the Library Trustees non-appropriated funds.  Motion passes.

Mr. Dever submitted a letter regarding the inspection performed on the Fire Station roof to determine the cause of the water leaks.  It was determined that some type of sharp implement had been used in the past to potentially remove ice buildup.  Mr. Dever has spoken with Mr. Criccetti regarding the repairs needed, it is estimated that immediate repairs could be made for $100.00.  The Board directed that the repairs be made.
Mr. Plunkett submitted a waiver form to be signed by all volunteers working at and operating equipment at the Old Home Day events.  A motion was made by Chairman MacCleery and seconded by Mr. Jordan to approve the form with minor grammatical correction. Motion passes.

Being no further business, a motion was made by Mr. DeBold and seconded by Mr. Jordan to adjourn the meeting at 10:15pm.  Motion passes.

Respectfully submitted,
                                                

                                                                        Approved as corrected.
Jamie A Pike, Administrative Assistant
                                                                        


____________________________    ___________________________     __________________________
Stephen MacCleery, Sr., Chairman        Jeffrey Jordan                          Richard DeBold