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BOS Minutes July 26, 2005
Chichester Board of Selectmen
July 26, 2005

Present:  Chairman DeBold, Selectman Colbert, Selectman MacCleery and Patty Wooster, Administrative Assistant.  Chairman DeBold opened the meeting at 7:02PM

SUBJECT: Building Inspector

HIGHLIGHTS:  Mr. David Paveglio asked the Board of Selectmen if there was any more news on the Mullaney Settlement.  Chairman DeBold said the Settlement Agreement has not been signed the Court.  Ms. Andrea Deachman who was in attendance at the meeting told Mr. Paveglio and the Board of Selectmen that Mr. Mullaney’s plans have been filed with the Merrimack Registry of Deeds.  Selectman MacCleery stated that Mr. Mullaney had to meet all the requirements before he can be issued any building permits.  Mr.  Paveglio stated that he had 8 or 9 building permits for 2006.

SUBJECT: Mr. Fred Chagnon

HIGHLIGHTS: Mr. Chagnon met with the Board of Selectmen regarding the ditches on Horse Corner Road.  Part of Horse Corner Road is owned and maintained by the State of New Hampshire.  Mr. Chagnon said he has called the State a number of times to tell them that there has been minimal work done on the ditches and that they are filled with sand.  He said that when it rains the ditches fill with water and washes sand down the road.  He said this is a bigger issue in the winter because the water freezes and creates a slippery and dangerous situation.  Mr. Chagnon was hoping that the Board of Selectmen could help bring this to the attention of the State Highway Department before the cold weather sets in.  Chairman DeBold stated that he would check with the Road Agent, Mr. David Kenneally and then write a letter to District 5 and ask them to take care of the ditches as it is a safety issue.

Mr. Chagnon told the Board of Selectmen that he had called Mrs. Joanna McIntosh, who is on the Cemetery Committee to ask her if it would be all right for him to work on some the cemeteries, i.e. straighten headstones, weeding and mowing.  Mr. Chagnon stated that Mrs. McIntosh said she was not sure because of liability.  Mr. Gil Vien who was in attendance and who is a member of the Cemetery Committee said they could use volunteers.  Mr. Vien stated that an error was made when creating the Budget.  Mr. Vien said the Budget has just enough money for mowing and fall clean-up.  He said he knows that some of the headstones need to be fixed.  He also stated that some of the cemeteries are private and the town (as long as there is a living relative) can not take care of these cemeteries unless perpetual care has been paid for. Chairman DeBold asked Patty if she could call the Local Government Center and find out if the Cemetery Committee has authority to allow volunteers to help out.

SUBJECT: Trustees of Trust Funds

HIGHLIGHTS:  Ms. Andrea Deachman and Mr. Gil Vien meet with the Board as representatives of the Trustees of Trust Funds.  In the past there were issues with timely filings of MS-9 and MS-10’s to the Attorney General’s office.  Ms. Deachman reported that she has completed the MS-9 and MS-10 for 2003 and 2004 and were signed and they are ready to be filed.  Ms. Deachman said that she would hand deliver the papers to Ms. Terry Knowles at the Attorney General’s office.  Ms. Deachman told the Board of Selectmen the 1999, 2000, 2001 and 2002 revised cemetery reports will be filed as well.  Ms. Deachman stated that all reports are current and she does not foresee any problems in the future.  Selectman MacCleery asked Ms. Deachman and Mr. Vien if they are able to work together and keep each informed.  They both agreed.  Mr. Vien stated that the Trustee of Trust Funds had to locate the Charter for the Leavitt Cemetery.

SUBJECT: Police Department

HIGHLIGHTS:  Chief Patrick Clarke presented the Board of Selectmen with a State Flag that was donated by a resident.  Chief Clarke asked Chairman DeBold to sign a grant that he had filled out to receive two more portable digital radios.  He said that the Police Department in 2002/2003 received two portable digital radios from the State of New Hampshire.  

Chief Clarke told the Board of Selectmen that he had eight applicants to take the physical test for potential police officers.  He said the test was going to be held at the Chichester Elementary School on Saturday, July 30, 2005 at 8AM.  Chief Clarke invited the Selectmen to come down and watch.  Selectman Colbert asked Chief Clarke what the requirements were to pass the test.  Chief Clarke stated that it depended on your age.  He said for people ages 18 to 26 they had to do 37 sit-ups; 27 push –ups; bench press 98% of their body weight and run a mile and half in 13.10 minutes.  Chief Clarke told the Selectmen that he had three very dedicated and committed part-time officers and he wanted to thank them.  

There was a question regarding paying part-time police officers over-time for time worked over 40 hours.  Chief Clarke and Patty are going to do some research regarding Federal Regulations.

Chief Clarke said he had spoken with Fire Chief Mike Paveglio regarding the expansion of the safety building.  He said they agreed that they should find an architect to draw up plans for the expansion.

Selectman MacCleery asked Chief Clarke what the status was regarding the traffic counter and speed tracker.  Chief Clarke stated that he was still trying to raise his portion of money which $2,500.00.

SUBJECT: Concerned Citizens for Outdoor Lighting Committee

HIGHLIGHTS:  In attendance was Mrs. Kate Hall, Mrs. Katie Ruoff and Mrs. Linda Rauter.  Mrs. Hall asked the Board of Selectmen what the status was regarding the Weathervane.  Chairman DeBold stated that the Town Attorney was reviewing the documentation and was in the process of filing a Verified Petition for Declaratory Judgment and Permanent Injunctive Relief and Assessment of Civil Fines and Attorney Fees.  Selectman Colbert told the members of the Committee that this procedure is a long process and it costs money to enforce ordinances.  Chairman DeBold stated that filing was on hold because a representative of the Weathervane, Mr. Jeremy Gagner had contacted the Town Attorney and all parties hope that this issue can be resolved without going to court.

Mrs. Ruoff presented a letter that was written by Bobcat.  Mrs. Ruoff who is a member of the Old Home Day Committee said this letter arrived addressed to the Old Home Day Committee.  Basically, the letter states its displeasure with the Town.  They feel that Chichester provides no support to businesses and feels that the Concerned Citizens for Outdoor Lighting Committee has burdened businesses with the cost of restricting outdoor lighting that they feel is necessary for property security.  Bobcat’s letter made an offer to the community groups that are seeking a donation to send a letter to the Selectmen stating (in part) concern with the welfare of businesses that are increasingly burdened by growing regulations and ordinances.  In Bobcat’s correspondence they stated if the community group would send a letter to the Selectmen then Bobcat would reciprocate by giving the community group a donation.

RSA 236:55 is the statute that supports light glare on roadways.  Selectman MacCleery suggested that maybe instead of putting the Town in a position of enforcing the statute, let the State enforce the statute.  It was suggested that the Board of Selectmen send a letter to Carol Murray asking for help in enforcement.

Mrs. Hall said she knew of a gentlemen who is an expert on lighting.  She stated that he holds classes that teaches people how to use a light meter and what to look for on plans.  Ms. Deachman stated that at the next Planning Board meeting a representative from Central New Hampshire Regional Planning (“CNHRP”) would be present.  She said the Planning Board will be submitting plans to CNHRP for their review.  

The Concerned Citizens for Outdoor Lighting submitted 27 complaints regarding glare.

SUBJECT: General Business

HIGHLIGHTS:  The Selectmen reviewed a letter from the Planning Board regarding concerns with Ray’s Auto and Chichester Massage and Holmes Carpet.  The concern with Ray’s Auto is the amount of cars that is in the woods.  The concern with Chichester Massage and Holmes Carpet is temporary signage.  Selectman Colbert asked Patty to send a letter to Chichester Massage and Holmes Carpet with a copy of the sign ordinance.  Also, Chairman DeBold asked Patty to send a memo to the Planning Board requesting information on the site review and what was approved for Ray’s Auto.

Chairman DeBold said he spoke with the Town Attorney, Matt Serge regarding a request that was made by a Planning Board member to have a workshop on the subject of the development proposed in Epsom and opening up Hillview Road.  Attorney Serge said that there was no regulation or RSA that prohibited such a workshop, but he was not comfortable with the idea.  He said that the Selectmen have no jurisdiction/authority over applications submitted to the Planning Board.  Selectmen have the authority to approve roads.  Attorney Serge said that if there is a workshop between the Selectmen and the Planning Board that it has to be posted as a public meeting.

The Board reviewed two samples of “Hawkers/Peddlers” applications and ordinance.  The Selectmen will further review at the next meeting.

The Selectmen reviewed a memo submitted by Patty that was addressed to the Road Agent and the Selectmen referencing a telephone call from Mrs. Blackman.  Mrs. Blackman called the Selectmen’s office regarding roadside mowing.  Mrs. Blackman told Patty that Mr. Luke Stevens came down Blackman Road to mow and trim, she said that her husband asked him not to trim an area in front of their house.  Mrs. Blackman stated that Mr. Stevens trimmed in front of their home and cut down irises and rose bushes.  Mrs. Blackman is very upset.  Selectman Colbert said that the Board will speak to Mr. Kenneally and tell him to advise his subcontractors that if there is a question brought to them from a resident that the subcontractor should contact Mr. Kenneally immediately.

The Board reviewed requests from the Planning Board, Trustees of Trust Funds and the Library for monies for new computers.  The money will be taken out of the Cable Franchise Fees.  The Board approved all the requests.

Also, CONGRATULATIONS to Mr. David Kenneally for achieving Road Scholar Two

The Board signed payroll and accounts payable.  

Legal correspondence, mail and e-mail were reviewed.  

The Minutes from July 19, 2005 were reviewed and approved.

Being no further business, Chairman DeBold adjourned the meeting at 10:45pm.

Respectfully submitted,

Patty Wooster
Administrative Assistant

Chairman Richard DeBold

Stephen MacCleery  

David Colbert



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