Chichester Board of Selectmen
Minutes of Meeting
Tuesday, March 18, 2014
Member Present: Jeffrey Jordan, Richard DeBold, Michael Paveglio, Town Administrator Jodi Pinard
Others Present: Brandon Giuda, David Colbert, Lucille Noel, Donna Chagnon, Philip Hitchcock, Tom Houle, Richard Moore, Allan Mayville, Tom Jameson, Stanley Brehm
Call to Order: Mr. Jordan called the meeting to order 7:00pm.
A motion was made by Mr. Jordan and seconded by Mr. Paveglio to nominate Richard DeBold as chair. Motion Passes
Appointments:
Brandon Giuda – Complaint against 2 Planning Board Members
Mr. Giuda stated he wanted the selectmen to know what was going on the day of the election. There were people on different sides of the polls. When I got out of my car I was called a slimy lying attorney by Tom Houle. I stated to him that was not professional. I had a handout regarding the lighting ordinance stating what I believe to be the changes. When I was handing out my flyers Mr. Moore stating that my information was incorrect. I know I was handing out a flyer that was factual. Planning Board members were stating that nothing was increasing and my information was incorrect. I put up with this for 8 hours. I was insulted within two minutes of exiting my car and resented the actions. By them telling people that my figures are not accurate people are walking around town right now that believe I was giving out inaccurate information.
Mr. DeBold asked Mr. Houle if the language that Mr. Giuda stated he used was true.
Mr. Houle stated he did say lawyers turn things around to suit them. He did not remember using Mr. Giuda’s exact words
Mr. Moore stated at no time did I ever use that type of language. I am offended and Tom should be offended. The proposed amendments are constant to the recent ZBA rulings.
Mr. Giuda stated that Mr. Moore said that the information that I was giving out was not correct. Mr. Houle’s focus was on the signage portion of the ordinance not the lighting.
Mr. Moore stated that he told Mr. Giuda I was not an expert on lighting and what I said was that light was not measured in square feet.
Mr. Giuda stated I came back to you and said do more light bulbs mean more lights.
Mr. Moore stated the sign ordinance did not change any of the sign perimeters. There is one change in the lighting ordinance which allows a residence in the commercial district to have a light shine on the flags.
Mr. DeBold stated I did not see your handout is this something that I can have.
Mr. Giuda gave the board a copy of the handout from Election Day.
Mr. DeBold stated it is very disappointing that this happened in Chichester. I am concerned about how strong the lobbying was by a few members of the planning board. My question is now that the ordinance has not passed can these members act in an impartial way when this item goes before the planning board in the future.
Mr. Paveglio stated I disagree I think the passion is important when working on something that you believe in.
Mr. Giuda stated that I would work with them to help with the signage in town. When I went home for lunch I almost did not come back. I felt that it wasn’t a normal election.
Mr. DeBold stated I have asked the town administrator to look into this and the comment made by the attorney was those who were at the polls would be best suited to step down if their actions could be construed to not be impartial. That is the only concern that I have.
Mr. Jordan stated the Planning Board asked those members to be there.
Mr. Paveglio stated that is something that you would need to deal with while it was happening which was election day and that would have been addressed at that time.
Mr. Moore stated I am tremendously upset, I have concerns as to why this was not addressed at the polls when the person felt this way. The discussion we had was differing opinions. If it did not need to be taken to the moderator then why is it brought before the selectmen as a formal complaint? I did get very frustrated a couple days later hearing there was a pending official complaint. There were no indications at the polls that day that there was an issue. My concerns are simple if this is the type of behavior that we are going to have we will have difficulties keeping the current volunteers and possible getting new ones.
Mr. Giuda stated the fact is that I thought about how to approach this but I did not think it was appropriate that I go to the moderator or police chief on that day. I feel these planning board members were significantly unprofessional and if we have volunteers who are going to act like that then I believe it should be addressed.
Mr. DeBold stated I think the complaint is between the two parties sitting in front of us. I do not believe it is an issue for the selectmen.
Mr. Hall stated I kind of agree with Mr. Paveglio about the passion on both sides. I think both of you are challenging the factual information. I believe people have the right to be passionate. I asked them to more cars, had an issue with handouts left in voting booths I spoke with both sides and they complied, handicapped parking space needed to be cleared and both sides complied, I didn’t hear a complaint. Brandon if this had come to me I think what I would have done is ask you guys not to talk to each other. I would do the same thing if we had candidates for governor.
Mr. Giuda stated I have to strongly disagree with your opinion on this as it was an issue of incorrect information being given out. Then there is the other comment that was made that I am offended by.
Mr. Jameson stated your concerns are as a lawyer. This was an entire planning board decision to send them to the polls they are not standing out above the rest of the Planning
Board. I think what we’re saying as a board is we were not changing the lighting ordinance. We are saying we never changed the lighting ordinance.
Mr. Giuda stated rather than rehash it I believe the behavior was over the top and aggressive. I am not asking for any action. I would like people to think about how they act.
Mr. Colbert stated I would like to interject here because now these two gentlemen have been called in here to have this discussion but no outcome of the issue. This has happened in the past and I believe this board needs to say exactly what it plans to do.
Mr. DeBold stated I am disappointed this occurred.
Mr. Paveglio asked how we received the complaint. I would like make sure that if we have a complaint that all interested parties are notified. I think that is extremely important.
No Action will be taken regarding this matter.
Tax Deeding
Mrs. Pike presented three properties for tax deeding
Map 3 Lot 15
The owner owes $2500 over the past three years she has no money to pay.
Mrs. Pinard informed the board of an order to vacate the premises that was issued on Monday for this property due to health and safety concerns.
Mr. Colbert stated this is the same situation as we had a year ago and this is just going on and on. The water is frozen and there is no electricity. I have tried to help. I will not her let back in until these items are addressed. She has outstanding invoices with me and the power company. All the items must be in addressed in accordance with her park lease.
Mr. DeBold asked if there is any value to this structure.
Mr. Colbert stated to be quite honest as a park owner I can decide who can actually move in. I am trying to have a neighborhood over there. I would probably ask that they trailer be removed.
Mr. Jordan stated this is just going to cost us money.
Mr. Colbert stated if it ends up in my hands I would probably haul it out and put in a new trailer.
Mr. DeBold stated I would like to table this and speak to legal counsel. If we do not have to pay park rent and in the sealed bid process stated the buying must remove it from the property that may be a solution.
Mr. Paveglio stated I feel this will come back to us in a liability way.
A Motion was made by Mr. Paveglio seconded by Mr. Jordan to accept this deed from the tax collector. Motion Fails.
Mr. DeBold asked to have this added to next week’s agenda after hearing from legal counsel.
Map 4 Lot 15
Mrs. Pike stated the amount owed was $195,000. The reason for the large amount dates back to 1994 when she was receiving an elderly referral.
Mr. Paveglio stated this is a lot of money.
Mr. DeBold stated I think this is a taking and auctioning off.
Mrs. Pike stated if you take this property remember taxes go with the property and not with the owner.
Mr. Colbert stated this property is in rough shape.
Mrs. Pinard asked for this to be held for a week as the owner would like to contact an auctioneer to see if they could possibly sell it. If not we could move forward with tax deeding next week.
A motion was made by Mr. Paveglio and seconded by Mr. Jordan to table this until next week. Motion Passes.
Map 3 Lot 68 B
Joe Austin stated this is FRM and I have been before you many times. I received a court date in April. In January I told you that there was hazardous materials such as dirty dirt and it has to be covered. I have been told it would take $450,000 to $500,000 to cover this. The two other individuals that Mrs. Pike mentioned are mortgage holders not owners. We are going to court on April 21, 2014 to force the Title Company to pay these mortgages. I have not been able to pay these taxes because I have been tied up in court.
Mrs. Pike stated that the property goes back to those on the deed and Mr. Austin is not the only person on the deed.
Mr. DeBold stated that as of March 10 the taxes total $52,000 owed. Another thing that concerns me and makes me hesitant to accept this property is the dirty dirt on the property.
Mr. Jordan stated we would have to walk the property before we even think about taking it.
Mr. Austin stated that dirty dirt was supposed to get finished and covered but FRM went under.
Mrs. Pike stated I would like to say that this not residential. Mr. Austin is living on this property and it is not meant for the residential use.
Mr. DeBold stated let’s wait until after the April court date
Mr. Hall stated he seems to be assuming that the decision will be in his favor. What happens if it goes the other way?
Mr. Austin stated if the court case goes against me that is my last alternative.
Mr. DeBold stated he wanted the court paper work stating the court hearing date.
Mr. DeBold informed Mr. Austin if you do not show the town evidence that you have a court date in April then we tax deed this property on March 25.
General Business/Board Discussion:
Appointments
A motion was made by Mr. DeBold and seconded by Mr. Paveglio to appoint the following people to the Planning Board. Stanley Brehm to a three year term as a full member, Thomas Jameson to a three year term as a full member, and Alan Williams to a three year alternate planning board member. Motion Passes
A motion was made by Mr. DeBold and seconded by Mr. Paveglio to appoint to BCEP Dennis Call as an alternate for a one year term and Richard Millette to the BCEP budget committee as a one year term. Motion Passes
Mr. Paveglio will serve on the following committees - BCEP, SVRTA
Mr. Jordan will serve on the following committees - Heritage, Planning Board
Mr. DeBold will serve on the following committees – RAC, ZBA
Mr. Colbert stated he was sorry to hear that Mr. Jordan will not be on the RAC anymore as he felt that he brought a different perspective to the committee.
Mr. Hall stated I would like to see more diversity on the RAC
Mr. Paveglio –stated I want to make something clear we vote year to year we did not approve a 20 year plan.
Canterbury Road Update
Mrs. Pinard informed the selectmen that a meeting will be held on April 2 from 9am-12pm with NHDOT to discuss some of the issues that the town has.
Outstanding Items:
Purchasing Policy Review
A motion was made by Mr. Paveglio and seconded by Mr. DeBold to approve the amended purchasing policy. Motion Passes
New Hire Policy Draft
A motion was made by Mr. DeBold and seconded by Mr. Paveglio to approve the New Hire Policy as written. Motion Passes
Fire Truck 1989 Rescue
The selectmen requested the fire department follow the purchasing policy and get three bids for the spring repair on this truck.
81 Suncook Valley Road
Mrs. Pinard stated the water results came back and levels are where they were six months ago. We will continue to test every six months while attempting to stagger the testing during this time frame.
Road Agent
Mr. Paveglio stated I do not feel the road agent should receive a raise due to issues last year. These are market adjustments this an elected official and I do not feel that this position should receive one.
Mr. DeBold stated it was voted on at town meeting and I cannot not give him the raise. I cannot deny we have had issues with this road agent as well as others. I believe there will always be issues with road agents. I would like to see an appointed road agent.
Mr. Colbert stated he is an elected official and all conversations regarding the position or person should be had in public. Some were not but there is nothing we can do about that now.
Mr. Mayville stated what was the reprimand? He wasn’t asked to change the policy. He maintained that it was in his rights.
Mr. Colbert stated I have seen things that are really frustrate me.
Mrs. Chagnon stated I wanted to ask Mike what will become of that money that is not used.
Mr. Paveglio stated the money would be left unused in the salary line.
Mr. DeBold –stated yes it will be reflected in the salary line. I think it should have been talked about when he is present.
Stan Brehm stated I believe this should be an appointed position.
Public Input
Mr. Colbert stated I believe the Road Agent has to be an appointed position
Mr. Brehm stated I also believe it should be an appointed position.
Mrs. Noel stated the Library wanted to follow up on the light on street light on pole. Had some issues with capital alarm when they came to test alarms.
Mr. Mayville stated the flag in meeting room is in terrible condition and should facing outward toward the audience.
A motion was made by Mr. DeBold and seconded by Mr. Paveglio to adjourn the meeting at 9:30pm. Motion Passes
Respectfully submitted,
Not approved until signed
Jodi Pinard, Town Administrator
Richard DeBold, Chair D. Michael Paveglio Jeffrey Jordan
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