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Selectmen Minutes 12/06/2005
Chichester Board of Selectmen
SELECTMEN’S MINUTES  
December 6, 2005

Present:  Chairman DeBold, Selectman MacCleery, and Patty Wooster, Administrative Assistant.  Selectman Colbert was absent.  Chairman DeBold opened the meeting at 7:00PM.

SUBJECT: Mr. Mullaney

HIGHLIGHTS:  In attendance was Mr. James Mullaney. His attorney, Mr. Friedrich Moeckel, Town of Chichester’s Engineer, Mr. Bill Rollins and the Town of Chichester’s Road Agent, Mr. David Kenneally.

Mr. Mullaney met with the Board of Selectmen to discuss some concerns he has with respect to his project, Malachy Glen II.  His first concern was the issuance of a driveway permit.  He stated that one of JH Spain’s project managers had contacted Mr. David Kenneally requesting a driveway permit for Map 2 Lot 77-5.  Mr. Mullaney was told that Mr. Kenneally had refused to give him a driveway permit based on the fact that Mr. Kenneally was not present when the paving of the road was started. Mr. Kenneally told Mr. Mullaney that was not true, that he had given a driveway permit for Map 2 Lot 77-5 and he showed Mr. Mullaney a copy of the driveway permit and copy of JH Spain’s check.

Mr. Mullaney’s next concern was the possibility of not being able to obtain a Certificate of Occupancy (“CO”); based on the fact that Bailey Road will not be paved.  According to the Settlement Agreement Mr. Mullaney shall pay to the Town of Chichester an amount of $10,000.00 plus the cost of paving the frontage of his property said portion of the road being from the end of the existing pavement on Bailey Road southerly to the far edge of his property. (Quoted from the Settlement Agreement).  Bailey Road is not ready to be paved; the Road Agent has work that needs to be done on the road.  Mr. Mullaney has no issue with paving his portion of Bailey Road and when  the project is completed he will pave the road to Horse Corner Road.  Chairman DeBold stated that since Bailey Road is not ready to be paved and probably won’t be ready until after June; he is concerned about the Bond and it’s expiration date.  The Bond is in effect until June 13, 2006; Chairman DeBold asked Mr. Mullaney what happens after the date of the bond.  He asked Mr. Mullaney to have the bond extended.  Mr. Mullaney stated that he would call his bank and have the bond time period extended.

Mr. Mullaney stated that he still needed to relocate the Labbe’s driveway and move the fieldstone.  Mr. Moeckel stated that he was in contact with the Labbe’s and they wanted to make a change in the Agreement.  Mr. Moeckel stated that he told the Labbes that if they wanted to make any changes to the Agreement it would have to be done through the Town Attorney, Mr. Bart Mayer.  Mr. Mullaney said that he plans on moving the Labbe’s driveway on or about May 1st.  Mr. Mullaney advised the Board of Selectmen that Gary Tasker was going to do the Labbe’s work.  He also advised the Board that the cistern will be installed before applying for COs.  

Mr. Mullaney advised the Board of Selectmen that he would be connecting the new development to the old development when the new development was completed.  He stated that he told the residents in the old development that he would not make the connection until the end so there would be minor disturbance to the neighborhood.  He believes that the roads will be connected in 2007.  Mr. Kenneally said he would like the roads connected before the road has been accepted by the Town.  He said having two cul de sacs at either end of the road makes plowing difficult.

According to Mr. Mullaney there seems to be a discrepancy in the bond.  He is asking the Town Engineer to reduce the bond so he may pay Hiltz.  Mr. Rollins stated that if Mr. Mullaney “goes away” the Town would have to put the remaining work out to bid.  He stated that he adds 15% to his estimate in case this happens and he takes into account the cost of inflation.  Mr. Rollins stated there are still some ditch lines that were not completed and these needed to be completed.  Mr. Rollins advised the Selectmen that he will be recommending a reduction of the bond.

To recap the meeting between the parties:

v       The issue with the driveway permit has been resolved, there was no issue to begin with;
v       Paving of Bailey Road is agreed to by Mr. Mullaney, after the Town completes the ditching;
v       Labbee’s work will be started in May 2006;
v       COs will be applied for in May, paving of Bailey Road will not effect issuance of COs; and
v       Spring of 2006 Mr. Mullaney will break through Connemara Drive and will have a base coat on the road.

Mr. Mullaney thanked the Board of Selectmen for their time and consideration.

Mr. Rollins addressed the Board of Selectmen about some issues between him and Mr. Kenneally.  Mr. Rollins said that he has been the Town Engineer for 10 years and he is used to going out to observe the road work.  He is not used to having a pro-active Road Agent.  He stated that in the past the road agent did not seem to be interested in being involved in the projects.  He stated that he is happy to see Mr. Kenneally being involved and that he has no problem keeping Mr. Kenneally in the loop.  He wanted to know how much Mr. Kenneally should be involved.  Chairman DeBold stated that Mr. Kenneally should be involved in all phases of the road work.

Mr. Rollins stated that he never received final approved plans from the Planning Board; he stated that he had to get the plans from the designer, Mr. Bob Brook.  He stated that he never received a copy of the Settlement Agreement until Patty gave him a copy.  He stated that “we” need a better structure.  He said that he, the contractor and road agent should have a stamped set of plans.  He said that a pre-construction meeting should be held between the designer, engineer, road agent and contractor and all issues should be discussed.  They should also; walk the site together and make sure that all parties are on the same page.

Mr. Kenneally asked who takes the responsibility if rocks pop through the pavement.  Mr. Rollins said that he would take responsibility and the contractor would have to repair the road.  Mr. Rollins stated that he has been an engineer for a great many years and he knows what contractor he has to keep a close eye on.  He said Hiltz is not one of the ones he has to watch carefully.   Mr. Kenneally stated his displeasure with the crushed rock and base coat that was used.  Mr. Rollins said there was nothing wrong with either.  Mr. Rollins said that you are going to get a certain amount of larger stone.  Mr. Kenneally presented Mr. Rollins will pictures of rocks that were larger than six inches.  Mr. Rollins stated that he could not be there for every load and he can not guarantee what the contractor does when he is not there.  Mr. Kenneally then presented pictures of areas where the silt fencing was pushed under the road.  He presented pictures of culverts being higher than the road.  Mr. Kenneally stated the water would not flow correctly and will leave puddles in the road.  Mr. Rollins did not agree and stated that he had one of his associates inspect the road and the road is acceptable.  He stated that he does not want to feel like he is being chased; he stated that he was doing the best that he can.

Again, Mr. Kenneally asked if three years from now something happens to the road, who will be responsible.  Selectman MacCleery responded by saying that everyone takes a piece of the responsibility.  Ultimately, the contractor has the most responsibility.  On a going forward basis the road agent would like to be more involved with each phase of the project.  Mr. Kenneally is not comfortable with signing off the roads based on what the engineer says.  Mr. Rollins stated that if there is a conflict then the road agent should go on record.

Mr. Rollins was thanked by the Board of Selectmen.

SUBJECT: Highway Department

HIGHLIGHTS:  Mr. Kenneally informed the Board of Selectmen that his part-time employee has resigned, due to the fact that the Road Agent’s budget has been overspent and that the Selectmen have requested that the Road Agent keep payroll expenses to a minimum and that he only works on emergency responses and plowing.
Mr. Kenneally shared with the Board of Selectmen a letter he received from the State regarding rates being paid by the Department of Transportation for snow plowing.  He stated that the State is paying $64.00 per hour; the driver needs to provide his own equipment

SUBJECT: Mr. Brandon Giuda

HIGHLIGHTS:  Mr. Giuda presented the Board of Selectmen with three signed petitions: (1) Growth Management Ordinance; (2) Open Space Conservation Development Ordinance; and (3) Wetlands and Wetlands Buffers Ordinance.  Mr. Giuda asked if the Town Clerk could check the names to be sure that all who signed the petitions were registered voters.  He stated that if the Planning Board accepts these ordinances then he will withdraw the petitions.

Mr. Giuda stated that he has a big problem with the Chairman of the Planning Board receiving a stipend and paying a circuit writer to review plans.  He feels that the Town does not have to pay a circuit writer to look at plans; he stated that this Town does not have a lot of problems.  He feels that the Planning Board has a lack of leadership and has administrative problems. He stated that a resident submitted a check in the amount of $49.00 one year ago and it still has not been cashed.  Also, a resident confided in Mr. Giuda that it took three weeks after his plan had been approved to get it signed.  Mr. Giuda stated that the Planning Board does not have a Rules of Procedure posted.  Selectman MacCleery stated that he had asked the Planning Board to see a copy of the Rules of Procedure and was told by the Planning Board that the last time a Rules of Procedure  was written was when Selectman MacCleery was a member of the Planning Board.  Mr. Giuda offered to serve on the Planning Board.

SUBJECT: General Business

HIGHLIGHTS:  Patty advised the Board of Selectmen that she received a complaint from a neighbor of Mr. James Robinson regarding his trailer.  The neighbor is concerned for the safety of the children.  The Board of Selectmen will write a letter to Mr. Robinson.

Chairman DeBold told the other members of the Board that he had spoken to Mr. Carl Mahlstedt about a rumor of someone living in a camper on his property.  Mr. Mahlstedt confirmed that there was someone living in a camper on his property. Chairman DeBold stated to Mr. Mahlstedt that the person could not stay that it was in violation of the Town’s zoning.  He told Mr. Mahlstedt that the Selectmen will send him a letter.

The Board of Selectmen reviewed an e-mail from a resident on Deer Meadow Road regarding another resident having a auto repair garage on his property and someone living over the garage.   The Board asked Patty to send a memo to the Planning Board to ask them if this resident had applied for a site review.

The Board of Selectmen reviewed proposals for the Town Report printing.  Patty was asked to check references.

The Board signed payroll and accounts payable.  

Legal correspondence, mail and e-mail were reviewed.  

The Minutes from December 2, 2005 were reviewed and approved.

Being no further business, Chairman DeBold adjourned the meeting at 10:00pm.

Respectfully submitted,

Patty Wooster
Administrative Assistant


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Chairman Richard DeBold
        


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Stephen MacCleery  


                                                
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David Colbert









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