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BOS Minutes October 4, 2005
Chichester Board of Selectmen
October 4, 2005

Present:  Chairman DeBold, Selectman MacCleery, Selectman Colbert, and Patty Wooster, Administrative Assistant.  Chairman DeBold opened the meeting at 7:03M

SUBJECT: Public Informational Meeting/Marsh Pond Dam

HIGHLIGHTS:  There were 10 residents in attendance for the Public Informational Meeting regarding Marsh Pond Dam.  The Town of Chichester as well as the co-owner Mr. Robert Cavacco was issued an Administrative Order on August 29, 2005 from the Department of Environmental Services (“DES”).  In that Order (WD 05-022) the Town and Mr. Cavacco were given a directive to replace or repair the dam.  The dam is beyond repair and would need to be replaced.  The Selectmen had contacted Mr. Cavacco by correspondence several times asking for his intentions.  Mr. Cavacco did not return a response to any of the Selectmen’s correspondence. At a Selectmen’s Meeting, September 20, 2005, the Board of Selectmen decided to remove the Town’s portion of the Dam.

Chairman DeBold advised the residents that were in attendance that DES has inspected the dam and has determined that the dam is a Class “A” dam.  A Class “A” dam is one that is classified as a low-hazard structure.  Which means that if the dam breaches it would cause property damage.  Now that the dam is on the records of DES the owners have no other choice but to take action.  There is a potential liability to the Town of Chichester should the dam fail once again.  The Board of Selectmen is concerned that if the dam should breach the Town would have a liability and since it has been known by the Town that the dam is in disrepair the insurance company may not cover the Town’s losses.  

Chairman DeBold told the residents that the Town of Chichester owns to the thread of the stream and the Town has tried to work with Mr. Cavacco.  What is left of the dam is cement, sand bags, tree roots, earth and beaver dam.  Approximately 75 feet will be removed.  The process will take a few days.  The Town will perform a controlled breach. There was concern from a resident regarding the beaver dam.  He wanted to know if we removed the beaver dam would they rebuild.  Selectman Colbert said that as long as there is a flow of water the beavers will rebuild.  Mr. Jeff Andrews of the Conservation Committee asked the Selectmen if the Town could legally remove the beaver dam.  In accordance with RSA 210:9II…….municipal or state official or employee may destroy beaver and beaver dams on property under their control to protect property……  Mr. Giuda asked the Board of Selectmen if the Town removed the dam, and the Town decided two years from now to replace the dam could DES deny our application?  Chairman DeBold replied that the Town has secured flowage rights and DES would not deny a dam application.

Mr. Walter Sanborn produced an agreement that was between the Town of Chichester and Madeline Sanborn. In 1990, Ms. Sanborn donated approximately 29.8 acres of land to the Town to allow access to Marsh Pond.  In the agreement Ms. Sanborn asked that certain criteria be met by the Town for example: wildlife habitat be preserved; to establish a permanent reference of current water levels; assist the other co-owner of the dam with periodic reinforcement of the dam in order to maintain current water levels; maintain and protect wetlands with 150 foot buffer of undisturbed natural vegetation; etc.  Mr. Sanborn pointed out that the Town has not helped maintain the dam.  Mr. Sanborn is against the Town removing their portion of the dam.

Chairman DeBold stated that the Board of Selectmen has delayed out removing the Town’s portion of the dam so Mr. Cavacco could have his recreation season.  A resident asked how the Town would get to the dam.  Chairman DeBold said with the permission of Mr. Fred Shaw the Town could go through his property.  Chairman DeBold has not spoken to Mr. Shaw about this.

The Selectmen feel very strongly about the removal of the Town’s portion of the dam and also feel very strongly about the long term future of Marsh Pond.  At this time the Town does not have the monies budgeted and available for the reconstruction of the  dam.  

SUBJECT: Mr. Tracy Scott

HIGHLIGHTS:  The Board of Selectmen invited Mr. Scott, who is the Chairman of the Planning Board to meet with them regarding statements that were made by Mr. Brandon Giuda at a Selectmen’s Meeting, September 6, 2005.  In attendance was Mr. Giuda.  Mr. Scott said he thought he was meeting with the Board of Selectmen alone.  He said he did not want to discuss this matter in public.  Chairman DeBold stated that he was not sure if he could call a non-public meeting.  Based on the Right to Know Law RSA 91-A:3-II Non –public sessions Chairman DeBold thought the meeting had to be public.  He asked Patty to call the Town Attorney and ask him if the meeting with Mr. Scott can be a non-public session.  Mr. Scott stated that when the Board of Selectmen get an answer to let him know.  Mr. Scott stated that he was a facilitator of an eight member board.

SUBJECT: Fire Chief Mike Paveglio

HIGHLIGHTS:  Fire Chief Mike Paveglio met with the Board of Selectmen to ask them about using Cable Franchise fees for a laptop computer for the ambulance.  The State EMS has a web based software program that electronically transfers patient information.  Currently a form is filled out while on the way to the hospital and the ambulance crew has to wait for a doctor to sign off on the form.  After the first of the year this form will no longer be available.  This form is a legal document that can be subpoenaed.  The State has offered three options for reporting:

¨       Use the terminal at the hospital;
¨       Wait until you get back to the station, complete the form on a the internet; and
¨       Purchase a laptop complete the form while in transit and send it from the station or the hospital over the internet.

Chief Paveglio stated that he was against this program in the beginning and is still against the program.  Chief Paveglio said that a lot time would be wasted if he had to wait to use the terminal at the hospital.  Chief Paveglio stated that the laptop was not budgeted for and he would prefer not to put it in his budget.  Chief Paveglio stated that there would be an annual maintenance cost for the software of $400.00 per year and that he will add that to his budget for next year.  Chief Paveglio’s proposal is to purchase a Tough Book Laptop with associated accessories, a mounting bracket for the ambulance, and a docking station for the fire station along with the bridging software for a total cost of $2473.00.

Selectman MacCleery stated Chief Paveglio could use the Special Revenue Capital Reserve Funds.  Chief Paveglio stated that he intended to use that money for a new ambulance in the future.  Selectman Colbert made a Motion to allow Chief Paveglio to use impact fees to purchase the laptop.  Chairman DeBold seconded the Motion.  A vote was taken and all were in favor.

Chief Paveglio asked the Board of Selectmen if he could add two budget lines under the Ambulance Budget and one line under the Fire Budget.  The Board of Selectmen agreed.

SUBJECT: General Business

HIGHLIGHTS:  Discussed was changing the payroll week ending period from Thursday to Friday.  The Board was in favor of this change and the change will be implemented immediately.  There will be one week advanced to employees and this will be notated in their personnel files.  

Discussed was a building permit issuance.  Mr. Ray Houle went to the Building Inspector, Mr. David Paveglio to apply for a building permit to add a garage with an apartment over it.  According to Mr. Houle’s tax card he did not have enough road frontage.  Mr. Paveglio advised Mr. Houle that he needed to go to the Board of Adjustments for a variance.  Mr. Houle told Mr. Paveglio that he was sure he had enough road frontage.  The tax map was checked and showed that Mr. Houle had enough frontage.

The tax map disclosed that Mr. Houle’s property has a large area of wetlands.  Also, Mr. Paveglio stated that Mr. Houle would have to go in front of the Planning Board to obtain a building permit in accordance with the Town of Chichester’s Zoning Ordinance specifically Article III Section J- Dwelling Conversions, which states: No single-family dwelling shall be converted into a two family dwelling without a permit from the Planning Board..  Mr. Paveglio told Mr. Houle based on those two reasons he could not give him a building permit.  

Mr.  Houle provided proof that back in 1985 his father had the soil tested and it was determined that the tested soil was more like Gloucester.  It was the opinion of the Board of Adjustments in 1985 that the land type is more residential than Rural Agriculture.  With respect to the issuance of a building permit by the Planning Board, Ms. Andrea Deachman advised Mr. Paveglio that Mr. Houle does not have to come to the Planning Board.  There were two previous cases like Mr. Houle’s and the Planning Board stated they did not need to go in front of the Planning Board, setting precedence for Mr. Houle.  Chairman DeBold made a Motion to advise the Building Inspector, Mr. David Paveglio he can issue a building permit to Mr. Houle.  Selectman Colbert seconded the Motion.  A vote was taken and Selectmen Colbert and MacCleery were in favor and Chairman DeBold was not in favor.  The Motion passed.

Selectman Colbert stated that he received a telephone call from Mr. Stock regarding the obnoxious use ruling by the Board of Adjustments and was looking to work with the Board of Selectmen to remove the stigma of obnoxious use on his property.   Mr. Stock wanted Selectman Colbert’s feeling on this.  Selectman Colbert told Mr. Stock that he could not discuss this with him until Mr. Stock’s case has been appealed to The Board of Adjustment.  Selectman Colbert also told Mr. Stock the Board of Selectmen would be willing to discuss this matter after the case has been heard.

Two weeks ago Police Chief Patrick Clarke asked the Board of Selectmen to release money for the Capital Reserve Police Equipment Fund to purchase new pistols.  The Selectmen had agreed to release the funds. Chief Clarke told Patty that he is going to hold off until the end of the year.  He told Patty that the pistols they want to purchase are Sigsaurn P220 and are being updated and will be available at the end of the year, and he wanted to wait until then.  Chief Clarke told Patty that Sigsaurn would hold the special price until the end of the year.

Patty asked the Board of Selectmen what the Halloween hours will be.  The Board said that Police Chief Clarke sets the hours.  The hours will be Monday October 31, 2005 5-7:30PM.

Patty advised the Board of Selectmen that the cost of Liability Insurance and Workman’s Compensation will not increase this year.  She told the Board she would not know the fate of the health insurance until next week.

The Board of Selectmen reviewed a letter from Ms. Blackman regarding the upgrading of Short Falls Road by the Barloe Homes subdivision contractor.  In her letter she stated that she was not advised as to when the trees on her land would be removed.   She wanted a reply to her letter as well as information about the future plans for the road and development.  The Selectmen will respond to Mrs. Blackman and advise her that the Planning Board is better suited to answer her questions.  Patty was asked to forward the letter to the Planning Board and ask them to respond to Mrs. Blackman.

Patty was asked to call The Department of Revenue and ask when the Selectmen’s office could meet with them to discuss setting the tax rate.

The Board signed payroll and accounts payable.  

Legal correspondence, mail and e-mail were reviewed.  

The Minutes from September 27, 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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