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Selectmen Minutes 01/26/2010
Chichester Board of Selectmen
Minutes of Meeting
January 26, 2010

Members present:  Stephen MacCleery, Jeffrey Jordan, and Richard DeBold
Others Present:  Nancy Tanner (Town Administrator), Jim Plunkett, Michele Plunkett, Gil Vien, Donna Chagnon, George Cooper, Kristina Cole, Mike Paveglio, Alan Mayville, Cindy Mayville, Walter Sanborn, Paul Sanborn, Daryl Wyatt, Greg Wainwright, Alan Quimby, Ed Millette

Chairman MacCleery opened the meeting at 7:00PM.

Greg Wainwright
Greg Wainwright would like to speak with the Selectmen regarding items in his Fire Department personnel file.  

Pursuant to RSA 91-A:3 II(a), a motion was made by Mr. DeBold and seconded by Mr. Jordan to enter into non-public session to discuss a personnel issue.  A roll call vote was taken:  MacCleery – yea, Jordan  yea, DeBold-yea.  Motion passes.

Pursuant to RSA 91-A: 3, a motion was made by Mr. MacCleery and seconded by Mr. Jordan
to exit the non-public session at 8:04pm.  A roll call vote was taken: MacCleery – Yea, Jordan – Yea, DeBold - Yea.  Motion passes.

Daryl Wyatt
Daryl Wyatt would like to speak with the Selectmen regarding the circumstances of his dismissal from the Fire Department.  He feels something illegal was done during the process.  Mr. Wyatt asked for the discussion to be public.  

At this time there were nineteen people in attendance and the meeting was moved to the Grange Hall.
Mr. Wyatt was given a suspension notice due to actions that occurred during a call of June 29, 2009.  Mr. Wyatt briefed the Selectmen on the incident in question.  He provided the Selectmen with a letter from Kevin Drew, the EMS coordinator at Concord Hospital.  The letter was read aloud and is attached to the minutes as record.  The letter states that Mr. Drew found that Mr. Wyatt acted appropriately up to the level of his certification. Mr. Drew states in the letter that Chief Vien asked for observation and training for Mr. Wyatt, after which Mr. Wyatt attended a training while on suspension and was terminated for attending the training.  Mr. Drew also states that he contacted Chief Prentiss from the Bureau of EMS and she informed Mr. Drew that the bureau was in no way looking into the actions of Mr. Wyatt.  Mr. Wyatt said he did not know he was on suspension when he attended the training.  

Mr. Wyatt appealed the suspension with the Fire Department and was given a hearing.  Ed Millette  reports that everyone at the hearing was in agreement that Mr. Wyatt’s suspension should be lifted so that he can attend trainings.  Chief Vien was present during the appeal and he reports telling Daryl that he was still under suspension until the bureau concluded it’s investigation.  Mr. Millette pointed out that after Mr. Wyatt attended the training he was denied his appeal to the Selectmen.  
There was discussion over whether or not there was an investigation by the bureau of EMS.  Mr. Vien provided to the Selectmen dates and times that he spoke with Liza Burrows at the State department of EMS.  Mr. MacCleery stated that he had no reason not to believe Chief Vien, but he would like to see something in writing from the bureau regarding the investigation.  Mr. DeBold is in agreement.  

Discussion ensued regarding who was in charge of the EMS licensure and what role Dr. Fore and Mr. Drew played in the process.  Mr. MacCleery feels we can go no further until we find out if there was an investigation.  Ed Millette appealed to the Selectmen on Mr. Wyatt’s behalf that he be granted an appeal by the Selectmen.  Mr. MacCleery is unsure if the Selectmen can grant the appeal since it is past the deadline.  Mr. DeBold stated that in retrospect everyone should be given a chance to be heard when they ask for an appeal to the Selectmen.  Mr. DeBold suggested giving the bureau a two week time frame to provide the documentation.

Gil Vien

Gil Vien asked for a nonpublic session to discuss a personnel matter.
 
Pursuant to RSA 91-A:3 II(a), a motion was made by Mr. MacCleery and seconded by Mr. Jordan to enter into non-public session to discuss a personnel issue.  A roll call vote was taken:  MacCleery – yea, Jordan  yea, DeBold-yea.  Motion passes.

Pursuant to RSA 91-A: 3, a motion was made by Mr. MacCleery and seconded by Mr. Jordan
to exit the non-public session at 8:57pm.  A roll call vote was taken: MacCleery – Yea, Jordan – Yea, DeBold - Yea.  Motion passes.
Pursuant to RSA 91-A:3 II(a), a motion was made by Mr. MacCleery and seconded by Mr. Jordan to enter into non-public session to discuss a personnel issue.  A roll call vote was taken:  MacCleery – yea, Jordan  yea, DeBold-yea.  Motion passes.

Pursuant to RSA 91-A: 3, a motion was made by Mr. MacCleery and seconded by Mr. Jordan
to exit the non-public session at 9:05pm.  A roll call vote was taken: MacCleery – Yea, Jordan – Yea, DeBold - Yea.  Motion passes.

Mr. MacCleery announced that during the nonpublic session the Selectmen made a decision to uphold the Fire Departments thirty day suspension of Cliff Vien and to rescind the dismissal of Diane Vien changing it to a thirty day suspension dates to run concurrent with Cliff Vien’s suspension.  Also, once the suspensions are complete LGC will do a training on communication and human relations. The Selectmen strongly recommend the entire department attend.  The Selectmen would like to see the department use the conflicts that have arisen as a learning experience.  

Other Business

Highway Department Sander: Someone has expressed interest in purchasing one of the highway departments sanders.  Discussion took place as to the correct disposition of unused equipment.  The department is currently using the sander in question for parts.  

Selectmen’s annual report:  Mr. DeBold will author the Selectmen’s report for the Town’s Annual Report.  

Office Door:  Mr. MacCleery noticed that the door to the Town Offices blows open on a windy day.  Nancy will contact Portland Glass.

Salary Surveys:  Mr. DeBold looked at the highway laborers salaries.  According to his survey the wages that we are paying are in the ballpark of average.  Mr. Jordan feels that Gil Vien has extra duties and his position warrants more than just average pay.  The Selectmen are in agreement that could be a possibility, but they would like to speak to the Road Agent.  Mr. Jordan will speak to the Road Agent and come to the public hearing with a proposal.  
According to Mr. DeBold’s research we are slightly above the average for the position of Town Clerk/Tax Collector.  
Mr. DeBold will research Welfare, PD Administrative Assistant, and the ZBA Secretary.

On Call Pay:  On call pay for the Road Agent was discussed.  The Selectmen feel that the Road Agent should not be paid for being on call.  However, if he is on vacation or sick the hourly employees may be paid for on call.  

Phone lines:  During the power outage last week the alarm for the Town Offices did not go off.  Nancy will call the phone company to see if the phone line for the alarm can be hardwired and bypass the need for electricity.

Forest Warden:  Mr. MacCleery and Mr. Jordan reviewed the qualifications of the two candidates interested in the Forest Warden position: Gil Vien and Matt Cole.  Mr. DeBold did not participate because he still supports Steve Stock as Forest Warden.  Mr. DeBold said that if he was forced to make a choice it may work better if the Fire Warden was the Fire Chief.  
Mr. Jordan made a motion seconded by Mr. MacCleery to recommend Gilbert Vien as the Forest Fire Warden replacement.  Mr. Jordan and Mr. MacCleery both voted yea and Mr. DeBold voted no.  Motion passes.
Kris Cole wanted to state her own opinion that it seemed to her the Selectmen wanted the Fire Chief as the Warden all along and should not have wasted the Deputy Warden’s efforts as well as everyone’s time. Mr. MacCleery responded by saying that he respects Mrs. Cole’s opinion and he hopes that she will respect his.
Mr. MacCleery will work on the wording for the replacement form.

Accounts payable and payroll were approved.


A motion by Mr. MacCleery and seconded by Mr. Jordan to adjourn the meeting at 10:10 pm.  Motion passes.
Mr. MacCleery made a motion seconded by Mr. Jordan to reopen the meeting at 10:11.  Motion passes.
Mr. MacCleery would like to mention the sad news of Johanna McIntosh’s passing.  He would like to acknowledge her many years of dedicated service to the Town.  
A motion by Mr. MacCleery and seconded by Mr. Jordan to adjourn the meeting at 10:12 pm.  Motion passes.


Respectfully submitted,


                                                                                Approved  
Nancy Tanner




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