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Selectmen Minutes 12/05/2006
Chichester Board of Selectmen
December 5, 2006

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

Chairman MacCleery opened the meeting at 7:00pm.     

SUBJECT: Public Hearing – Connemara, Limerick & Wexford Drives- Acceptance as Class V roads   
PRESENT: Fire Chief Mike Paveglio, Mike & Gail Stamowlaros

Chief Paveglio asked if the Town has money set aside for a maintenance/performance bond and will that cover the cistern.  Selectman DeBold responded yes, currently there is a performance bond in place that will be reduced to $79,005, once the Town accepts the roads.  Generally, towns reduce the maintenance bonds to ten percent of the original bond and retain that money for one year.

Chairman MacCleery stated his concern with only retaining the money for one year on Wexford Drive because of the damage and subsequent repair needed due to the washout from the spring rains.  During the site walk with Mr. Mullaney and his contractor in October, the Selectmen raised this issue and were assured by Mr. Mullaney and the contractor that the problem has been corrected. Discussion followed regarding a longer length for the bond on Wexford Drive.

The Stamowlaros’s concerns were that more heavy equipment is going to be going back and forth because there are fewer homes built than when Phase I was completed.  When the final pavement was laid in Phase I, most of the homes were already constructed.

Also, the sides of the road are all ditch areas with steep slopes as opposed to Phase I which was pretty flat.

Finally, the Stamowlaros requested a four way stop sign be placed.  Traffic has already picked up on the road and there are children about.  The Board will check the subdivision plan to see what signage was required.  Selectman DeBold stated once the town owns the road it can place a sign wherever it is needed.

Chairman MacCleery stated the road will definitely need to be monitored on a regular basis for damage from heavy equipment.  Perhaps a statement could be drafted to be included with the building permit regarding responsibility for damaging the roadway.  

Chairman MacCleery made the motion seconded by Selectman DeBold to accept as Town roads the three roads constructed as part of the Malachy Glen Phase II subdivision, currently named Connemara Drive, Limerick Drive and Wexford Drive, subject to the following conditions that;

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1)      a property deed for transfer to the Town of Chichester of the three road’s traveled ways and associated right-of-ways, along with any necessary drainage easements and slope easements, be prepared in suitable form and satisfactory to the Town and the Town’s Attorney, and

2)      a security/performance bond is posted in a form acceptable to the Town and the Town’s Attorney in the amount of $46,887, for Connemara & Limerick Drives, having a term of one (1) year from the date of the approval of this motion, to insure against any latent roadway defects.

3)      3)  a security/performance bond is posted in a form acceptable to the Town and the Town’s Attorney in the amount of $32,118, for Wexford Drive, having a term of two (2) years from the date of the approval of this motion, to insure against any latent roadway defects.

Both were in favor.  Motion carries.  Chairman MacCleery closed the Public Hearing at 7:22pm.  

SUBJECT: Alleged Zoning Violations, Map 1, Lot 4-5
PRESENT: Mark Drew

Mr. Drew was present to discuss the allegation that he is living on his property without the proper permitting.  

Selectman DeBold asked Mr. Drew if he disagreed with the allegation. Selectman DeBold asked, are you or are you not living there?

Mr. Drew responded, how can I be denied living on my land.  I can’t comprehend that.  

Selectman DeBold stated, by living there without the proper permits such as building and occupancy, you are breaking the town’s rules.  We all have to follow the same zoning rules.   

Mr. Drew replied the Town can’t make unlawful rules. No judge will tell a man he can’t live on his own land.  

To that Selectman DeBold responded the Selectmen are bound by RSA’s to have the people who live within the boundaries of Chichester, comply with zoning.  

Mr. Drew went on to say what has the Town done to alleviate the Growth Management Ordinance, is it being reviewed every year?  The Town hasn’t done anything to make it

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easier to get a building permit before two years.  This is unjust and the Town is breaking the law.

Selectman DeBold informed Mr. Drew that he is violating current zoning by living in a dwelling without an occupancy permit.

Mr. Drew stated he is here to get one.

The Town cannot issue an occupancy permit until 2007, when Mr. Drew can be issued a building permit and pay his impact fee.  

Chairman MacCleery stated the Town must cover itself for liability reasons.  This is a potential life safety issue.  

Selectman DeBold stated for the record that the Town cannot issue an occupancy permit because to date, Mr. Drew has not been issued a building permit.  The Board will move forward with the process and follow up in writing to Mr. Drew, allowing thirty days to bring his property into compliance or the Town will be obligated to seek a court remedy.

Mr. Drew finished by saying he has lived in town forty-nine years and is not waiting till next year to live on his property.

Chairman MacCleery stated that zoning is voted by the Town, the Selectmen do not write the zoning.   

SUBJECT: Alternative Auditing Services
PRESENT: John Lyford, CPA; Mason & Rich

Mr. Lyford discussed his recent proposal submitted to the Town for auditing services.  Implementation for compliance with GASB34 and performing audits for specific departments such as Treasurer, Trustee of Trust Funds and the Library Trustees in addition to preparation of the MS- 5 and auditing the Tax Collector’s MS – 61 were discussed at length.  The Board asked Mr. Lyford to submit these additional cost proposals prior to any decisions being made.

SUBJECT: Procedures for purchasing from Federal Surplus
PRESENT: Fire Chief Mike Paveglio

The Town has purchasing privileges from both State and Federal Surplus.  The difference is when purchasing on the Federal side, it must be a Town purchase, for public purposes and retained by the Town for a minimum of one year.  

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There is question surrounding a recent acquisition by a fellow department head.  Chief Paveglio clarified for the Board that he is responsible for the Fire Department’s budget under line #4220.  He does not oversee the Forest Fire budget under #4920. They are two separate entities and have been as long as Mike has been involved with the Fire Department.  Mike has not given authority to anyone else to code and sign bills.  Mike informed the Board that the piece of equipment at issue, was purchased by the Town and is now located at the Fire Station.  Due to this information, the Board deferred further discussion on this subject and directed Lisa to schedule an appointment with the Forest Fire Warden.  

Chief Paveglio has decided not to pursue the purchase of a new fire truck this year.  He feels the truck can go another year and this would also keep the town on a twenty year purchase schedule.  The Capital Reserve Fund will still need to be funded (heavily) this year to cover the cost of the new truck the following year.

Chief Paveglio would like to propose a part time Administrative Assistant for the Fire Department.  The Chief’s position would not be doing less, this would allow for time to be spent on quality issues such as department retention and water quality.  There would not be a reduction in the Chief’s stipend.  This new position would be responsible for clerical work, reporting to the State and other agencies, and organize training.  The Chief proposed twenty to twenty-five hours per week at a salary of $18,000 per year.

The Selectmen asked the Fire Chief to write a formal proposal with a job description for this position and submit it for discussion with the Board and Budget Committee.



The Board revised the Farm Lease and directed Lisa to make the revisions and forward to town counsel for review.  

Ms. Deachman informed the Board that Mr. Lugg (Lugg Plaza) has contacted the Planning Board regarding the alleged violations and is on the Planning Board Agenda for January.  

Lisa informed the Board of a request from Mr. Armand Nolin for a written document outlining the discussion of his meeting with the Board on November 14, 2006, regarding the steps necessary to obtain a building permit on the lot of record identified as map 10, lot 32.  The Board stated Mr. Nolin should take the minutes of the meeting and his signed plan from his Wetlands Scientist, delineating the wetlands should it prove build able soils and apply for a building permit with the Building Inspector.  The Building Inspector will require an approved septic design and a driveway permit.  Mr. Nolin will need to seek a

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Waiver of Liability from the Selectmen to build on a Class VI road or petition the Board of Selectmen to upgrade that portion of Ring Road to a Class V road.  


The Selectmen have been notified that a contractor has broken through the stonewall at the end of Hillview Drive to access his property in Epsom.  The Town has already told the owners they would not allow them to use the town’s road for access to their proposed subdivision.   The Board directed Lisa to send the Police Department to the site and speak to the contractors about trespassing on the town’s property.  

Ms. Deachman stated she has certified mail returned from these developers who still owe the town some engineering fees.  Lisa will contact the Town of Epsom and seek assistance with current owner information.  

The minutes of November 28, 2006 were approved as written.    

The Board signed payroll and accounts payable.  

Being no further business, the Chairman adjourned the meeting at 10:26pm.

Respectfully submitted,

Lisa Stevens
Administrative Assistant   

Stephen MacCleery, Chairman   

David Colbert  

Richard DeBold  

                                                            APPROVED AS WRITTEN
Board of Selectmen                                              12/12/2006
Town of Chichester

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