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Selectmen Minutes 09/19/2006
Chichester Board of Selectmen
September 19, 2006

MEMBERS PRESENT: Chairman MacCleery, Selectman Colbert, Selectman DeBold and Administrative Assistant Lisa Stevens.   

Chairman MacCleery opened the meeting at 7:00pm.     

SUBJECT: Ferman Easement- Ferrin Road
PRESENT: Mr. Jeff Andrews; Conservation Commission
The Board asked Mr. Andrews to update them as to the revisions that were made in the draft conservation easement between the Town and Mr.  & Mrs. Edward Ferman. The Ferman’s attorney has revised and or deleted language from the easement document with no explanation as to why.  There are two outstanding issues for the Town; the installation of a drafting pit in the fire pond and year round access to the pond for the Fire Department.  After some discussion, it was decided to schedule a meeting with all necessary parties, i.e. the Ferman’s (and their attorney if they wish), the Fire Chief, Mr. Andrews, representing the Conservation Commission, and the Selectmen.  The Board asked Mr. Andrews to contact all parties and arrange a date to meet.  

SUBJECT: Classification of Garage
PRESENT: Heather Evans & Matt Crannell

Ms. Evans and Mr. Crannell were before the Board to discuss the assessment of their property located at 123 Hutchinson Road, identified as Map 1, Lot 30, on the Town of Chichester Tax Maps.  As part of the annual assessing pick up work for the town performed each year on or before April 1st, per RSA 74:1, the town’s contracted assessing firm, Brett Purvis & Associates, performed a site visit for the open building permit involving the construction of the garage at 123 Hutchinson Road.  At that time, the data collector estimated that the area above the garage was finished and appeared to be living area.  The changes were made to the property record card and the garage was then assessed as a dwelling.  This change was brought to the attention of the Selectmen’s Office.  Because no occupancy permit was issued for the garage, the Board of Selectmen notified the property owners that a potential zoning violation existed on their property.  That notification was returned to the Selectmen’s Office due to an incorrect address.  The property owners were informed by the Building Inspector, Mr. Paveglio that the Selectmen wished to meet with them.  Ms. Evans has been out of town and this is the first opportunity that both property owners were available to meet with the Board of Selectmen.    

The property owners have posted the property for “No Trespassing” and are under the impression the Town has trespassed by having the assessor out on their property.  The Selectmen informed the property owners that having an open building permit with the town, gives the Selectmen or their designee (contracted assessor) the right to go on the property and assess the changes per that permit.    

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September 19, 2006

Selectman Colbert asked the property owners if they were living there now.  Ms. Evans replied “no we are not; we live at 20 Paradise Lane.”

Selectman Colbert asked the owners if there is living area on the property.  Ms. Evans replied no.  There is a couch up in the garage and they hang out there with friends occasionally.  Ms. Evans went on to say there is a camper on the property which they stay in from time to time.

The property was issued a house number because of the requirements from the Fire Department regarding the issuance of burn permits.    

The Selectmen requested an appointment be scheduled for a complete listing of the property with the town’s assessor.  The property owners are suspect of the town’s intentions and refused anyone associated with the town permission to go on the property.

Chairman MacCleery stated it all comes down to a life safety issue.  The assessor thought living space, there is no permit allowing living space and the town needs to clarify and not be negligent in their duties if someone is occupying a dwelling without proper permits.  Once an issue is brought to the Board’s attention, it must be acted upon.    

The Board offered contacting the appraisal representative from the Department of Revenue assigned to the Town of Chichester and asking for assistance with assessing this property.  The property owners agreed to schedule an appointment with the State Department of Revenue representative. Lisa will contact the DRA and forward the contact numbers for the property owners.  

Ms. Evans asked for the Board of Selectmen to forward her in writing the proof that the Selectmen can go on her property even thou it is posted “No Trespassing”.  

Selectman DeBold asked the status of the septic system.  According to the State, there is no approval for operation because the septic is not attached to any structure.  Mr. Crannell responded that is correct, permission was given from the state to back fill the leach bed however the pipe is capped until such time as the structure is built.

Mr. Crannell would like written confirmation from the Building Inspector that they are on the waiting list for 2008.  Mr. Crannell stated he asked the Building Inspector for a receipt and was told he did not need one.    Lisa will contact Mr. Paveglio for documentation.

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The Board discussed Road Agent, David Kenneally’s request for the removal of the letter of reprimand from his personnel file.  The Board took into consideration the comments received prior from the department heads relative to establishment of disciplinary procedures in the personnel policies prior to taking disciplinary actions, so the employee is clear of the process to be followed and the fact that there was miscommunication between the Road Agent and the Administrative Assistant regarding the notice given for vacation time taken.  Motion Selectman DeBold and seconded by Selectman Colbert based on the above stated reasons, the letter of reprimand placed in Mr. Kenneally’s personnel file be removed.  All were in favor.  Motion carries.  The Board will work on amending the personnel policies to include the disciplinary process.  

Selectman Colbert was paged to go into work and was excused from the meeting at 8:25pm.

The Planning Board vacancy was tabled until a full Board was present.  

Chairman MacCleery forwarded a copy of a sample Cash Farm Lease for the other Board members to review and revise for proposed drafting of an agreement that can be used between the Town and a potential lessee for the Shaw Field.

The Board has received a letter from NH Department of Environmental Services allowing the town to move forward with the removal of a portion of the Marsh Pond Dam.

The Board reviewed follow up correspondence from Mr. Twomey in regards to the placement of political signs on town property and directed Lisa to forward the requested documentation regarding Mr. DeBold’s permission request to place his political signs on town property.    

In regards to Mr. Twomey’s letter relative to the timing of the Boards letter to the Town Reorganization Committee, it was the intent of the Selectmen to encourage the work of the committee and in no way was it meant to sabotage the committee or its members. The delay in timing was a result of the Board believing the committee was to meet shortly there after.  When the Board discovered the committee had not, they finalized the letter to the committee and sent it.    

Selectman DeBold reported that contractor Elwin “Turk” Carleton has given a written proposal to the Library Trustees for the installation of a pounded well. Mr. Carleton is available to begin the work on October 9, 2006.

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Chairman MacCleery reminded the Board that the road running between the Library and the Congregational Church needs to be named.    


The members of the Committee for Town Reorganization stopped in and gave the Board an overview of the goals established and discussed the need for open dialogue with the Selectmen from the other towns the committee with be questioning.  Mr. Bruce Dyke will draft a letter for the Selectmen to send to area Select boards asking permission to speak to their respective department heads.  

Procedural meeting guidelines for all committees, boards and departments were discussed.  The Board directed Lisa to send a memo to all boards, committees and departments with the procedures governing public meetings derived from the publication “Knowing the Territory” produced by the Local Government Center.  

The second payment to Merrill Construction for the Webster Mills Bridge over Sanborn Brook was reviewed.  Motion Chairman MacCleery and seconded by Selectman DeBold to sign the authorization for the second payment withdrawal in the amount of $276,609.03, from the bond at Northway Bank.  Both were in favor.  Motion carries.

It is time once again to reappoint the town’s Health Officer.  Motion Selectman DeBold and seconded by Chairman MacCleery to reappoint Doctor Ed Meehan as the Town of Chichester Health Officer.  Both were in favor.  Motion carries.  Doctor Meehan will forward the appropriate form from the State for signatures.  

Chairman MacCleery signed the proposal from McCallister Land Clearing on behalf of the Historical Society for the removal of the tree that stands on town property  between the Historical Society building and the Methodist Parish Hall.  

Selectman DeBold informed the Board the Road Advisory Committee was meeting on Thursday the 21st of September.

The Committee on Town Reorganization is also meeting on the 21st of September.

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The minutes of September 5, 2006, were approved as written.

The Board signed payroll and accounts payable.  

The Board signed the updated Visa Application removing Ms. Wooster and adding Mrs. Stevens to the account.

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

Respectfully submitted,

Lisa Stevens
Administrative Assistant   

Stephen MacCleery, Chairman   

David Colbert  

Richard DeBold  

                                                             APPROVED AS WRITTEN

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