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Selectmen Minutes 09/25/2007
Chichester Board of Selectmen
September 25, 2007                                                                                                                                                                                                                                                                                

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

Chairman Colbert opened the meeting at 7:00pm.

SUBJECT: Department Heads  
PRESENT: David Kenneally, Road Agent; Patrick Clarke, Police Chief; John Martell, Emergency Management Director; David Paveglio, Building Inspector; Mike Paveglio, Deputy Building Inspector; Gil Vien, Fire Chief; John Uitts, Deputy Fire Chief; Special Guest, Rob Farley, Deputy Fire Marshal

BI – Mr. Dave Paveglio introduced Mr. Farley, Deputy Fire Marshal, who spoke to the Selectmen about the changes to the modular building codes contained within the 2006 International Residential Code (IRC) for single and two-family dwellings, recently adopted on the State level. The Town does not need to adopt on a local level unless they wish to make this code more stringent.  The local officials have the authority to enforce this code.  The State notifies manufacturers of towns with local ordinances.  Most local ordinances modify roof snow load requirements (by elevation) and staircase geometry.

Mike Paveglio inquired whether the new IRC mandated residential fire sprinklers.  The IRC contains an amendment; AP101 which the towns can adopt to mandate residential sprinkler systems for all new residential dwellings.  The State did not adopt this amendment at this time.

The Building Inspector has received a request from Mr. Mullaney for a building permit to begin the construction of a self-storage unit facility on map 4, lot 168A, Dover Road.  The site plan was approved in March of 2000, no development began on the property, the wetland zoning changed in March of 2003, Mr. Mullaney applied to the Board of Adjustment for a variance from the wetlands ordinance in September of 2003, citing he was vested and did not have to comply with the zoning change, the Board of Adjustment denied his appeal, the case went to both Superior and the Supreme Court, the Supreme Court ruled in favor of Mr. Mullaney on March 20, 2007.  Mr. Paveglio asked if Mr. Mullaney needed to go before the Planning Board for a new Site Plan approval or is a Site Plan vested such as in the case of a subdivision plat.  Have the time restrictions been suspended pending the outcome of the court decision?  Do the new Commercial Village District restrictions come into play?  

The Selectmen directed the Administrator to work jointly with the Planning Board secretary to research this file and forward an inquiry to town counsel.

EMD – All quiet this week.

PB – Planning Board Assistant Jamie Pike gave a status report to the department heads on the Capital Improvement Program (CIP) update.  A memo has been sent to some departments requesting further information.  The CIP sub-committee has two additional meetings scheduled and plans to have a draft available October 12.  

PD – The 911 mapping is complete. Patrick will meet with the Building Inspector and the Administrator to discuss the process going forward.

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September 26, 2007

Patrick asked for clarification regarding the Selectmen’s directive for separate submissions of salary increases for the 2008 budget.  Chairman Colbert explained that all departments were asked to flat line their budgets this year.  Departments with personnel may submit proposed salary increases, separately, in writing to the Selectmen.  The Selectmen will then meet and discuss those proposals with the Department Head. The initial budget submission should show the payroll lines with no change.

Selectman MacCleery inquired as to the status of the construction project on Rte 4.  The Chief did not have an update at this time.

HYW - The Road Agent submitted several cost estimates for upcoming projects; the replacement of the guardrail on Higgins Road - $11,000; sealing King Road - $14,973; minor pavement work on Swiggey Brook Road and Webster Mills Road - $56/ton.  All monies are in the budget.   

The outstanding items have been taken care of on Healy Pasture Road.  CLD Engineering took core samples of the pavement, all samples met the requirements, the stop sign has been erected and the cracks have been sealed. The Road Agent recommends going forward with the acceptance of the road.

Center Road project is coming to completion.  The road will be closed for three days, October 1st, 2nd and 3rd for the installation of a box culvert.

Selectman MacCleery passed along a concern from resident Dave Nelson on Ring Road regarding drainage issues.  Mr. Kenneally will contact the homeowner.

Selectman MacCleery stated his reason for not signing a contractor’s check this week was because it was a lighter truck (smaller gross vehicle weight) for the same hourly rate the town is paying the larger trucks. The Road Agent stated this truck hauled the same amount of material as the big truck, the truck worked out just as well as a bigger truck and the truck was available when it was needed on such a limited basis.    

FD - Chief Vien asked for clarification to budget line #4220-83; Station Repairs & Supplies.

The Selectmen approved the Road Agent’s proposals for the asphalt projects.  The Selectmen are requesting a second quote for the guardrail repair.

SUBJECT: BCEP Solid Waste District - Scale Procedures
PRESENT: Earl Weir, BCEP District Administrator

 Mr. Weir has been informed by Weights & Measures Investigator Kevin Young that the District is in violation of a Weights & Measures rule (AGR 1404.05(o)) The rule is as follows:  A weigh master shall not “use a vehicle scale to weigh net loads smaller than an amount equal to 10 scale divisions, the smallest subdivision of the scale, when weighing scrap material for recycling or an amount equal to 50 scale divisions for all other weighings.”

Investigator Young informed Mr. Weir, the District cannot use the vehicle scale to weigh net loads less than 200 lbs. because the scale used is certified annually to be accurate in 20 lb. increments up to 120,000 lbs. Investigator Young recommends the District institute a minimum charge for weights under 200 pounds.

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September 25, 2007

If the District is forced to institute a minimum charge, the amount will be $14.00, more than is normally charged and far above what is fair.  The substantial impact on the District involves both mixed waste and demolition products.  The loss of scale revenues will result in the need to raise property taxes.

District Committee members have met and authorized Mr. Weir to seek administrative relief through the appeal process and through legislative action.   Mr. Weir has been authorized to hire an attorney and push this matter in any manner possible.  The District encompasses two Senate Districts and three House Districts.  Mr. Weir is meeting with the Select boards from the four towns asking them to sign on and address a letter of support.  

 The Selectmen offered their support in pursuing this matter on behalf of the Solid Waste District.

SUBJECT: Conservation Commission - Wetlands Letter re: Giuda/Merrill Application
PRESENT: Conservation Commission members, Bob Mann, Chairman; Walter Sanborn, Gordon Jones, Zack Boyajian and Jeff Andrews

The Selectmen met with the Conservation Commission to discuss the concerns or Mr. Giuda relative to the September 4, 2007 letter to New Hampshire Department of Environmental Services, commenting on the Dredge and Fill Application filed by Messrs. Giuda and Merrill.  Mr. Giuda contends the statement, “In reviewing this project, we note that a significantly greater area of wetlands will be affected in construction of structures, utilities and access to individual lots.”  is inaccurate.  Mr. Giuda is seeking a retraction.
Mr. Giuda stated the plans the commission reviewed were not the updated plans.

Chairman Mann explained the letter, written by him, on behalf of the commission, was a comment letter specific to the dredge and fill application.  The plans attached to that application are the plans the commission commented on.  This is standard procedure when the commission reviews dredge and fill applications.  The commission had a positive and productive meeting with the applicant and his wetlands scientist in July.  At the August 13th meeting of the commission the consensus was to send a letter of concern to NHDES for potential impacts that may arise from structures, driveways and utilities not depicted on the plans reviewed(date of plans submitted with application were May 2007).  Chairman Mann would draft a letter to NHDES on the commission’s behalf.  Mr. Mann believes Mr. Giuda is reading a lot more meaning into this than there is.  

Mr. Andrews commented that Bob had articulated the matter very well.  The letter was intended to state potential areas that may need to be addressed.  

Selectman DeBold posed the question of how can the commission make a judgment statement when no buildings or driveways were depicted on the plans, wouldn’t it have been more prudent to ask for an updated set of plans?  

Mr. Mann again reiterated the procedure the commission follows on receipt of every dredge and fill application is to review the plans attached (those are the same plans filed with NHDES) discuss any concerns as a group during the monthly commission meeting and forward a letter when and if the commission deems it necessary.  The commission is more than happy to review any updated plans during their monthly meeting in October provided they are the same set of plans NHDES will be reviewing.  

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September 25, 2007

Mr. Giuda stated this is a dangerous letter, this letter states a conclusion, it doesn’t say may; it says will.  Mike Seraikis (Mr. Giuda’s wetland scientist) told you there will be no more impacts.  None of the plans show additional impacts because there aren’t any.  This is a conclusion and it’s just not true.

Mr. Giuda is concerned that the comments made in the letter, even thou the commission missed the deadline for intervener status, may delay his wetland approval by 30 – 60 days.   

Mr. Boyajian asked why Mr. Giuda felt this was going to cause a delay.

Mr. Giuda feels that NHDES will look at those comments by the commission and possibly request further information.  

Mr. Mann stated this can be easily resolved with an updated set of plans. None of the letters written were intended to be contentious, this hinges on more than one word, and the commission is being discredited.

A new set of plans is being submitted to the town this week.  Mike Seraikis will forward
a copy to NHDES.  Nothing has changed on the plan layout only annotations are being added.  The commission will have the opportunity to review these plans and make further comment to NHDES should they deem it appropriate.

Mr. Mann again stated for the record that the plans that come in this week are not the set of plans the commission commented on.  The commission has to make their comments, if there are any, relative to the plans that are submitted with the dredge and fill application.

Mr. Andrews forwarded a draft conservation easement for the Ferman property on Ferrin Road regarding the fire pond.  The Fire Chief will need to review and then town counsel prior to final approval by the town.  

Chairman Colbert opened the one bid received for the sale of the town owned lot on Towle Road, identified as map 4, lot 48.  Selectman DeBold read the bid from Mr. Ryan Lamey in the amount of $21,589.00.  

Chairman Colbert stated the bid amount did not meet his expectation for price.  A building lot in town is selling for $80,000 – $90,000, I expected half that for a bid price.

Selectman DeBold stated by selling this lot the town would receive some unexpected revenue, the property would be back on the tax rolls. He does not believe the town will ever use this very small lot.  The Conservation Commission and Planning Board were both contacted regarding this property and neither group showed any interest on behalf of the town. I can’t see the town ever using the lot; I’m in favor of selling it.  

Selectman MacCleery stated the real estate market is down right now.  

Motion Selectman DeBold, second Selectman MacCleery to award the bid for the sale of map 4; lot 48 from Ryan Lemay in the amount of $21,589.  Chairman Colbert called for the vote.  Selectman DeBold – yes; Selectman MacCleery – no; Chairman Colbert – no.  
The motion failed.  

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September 25, 2007

The Board reviewed and discussed the response from town counsel relative to the ownership of the right of way located off the end of Perry Brook Road. Lisa was directed to forward a copy of the attorney’s response along with the Selectmen’s thoughts to the Planning Board.

Mr. Chris Weir discussed his concern that things are getting overlooked by the Planning Board relative to the Giuda/Merrill subdivisions and how the Planning Board is functioning as a whole.  The Selectmen recommended Mr. Weir discuss these concerns with the members of the Planning Board.

The Selectmen discussed Healy Pasture Road.  The town engineer reported no deficiencies after taking the core samples, the cracks and stop sign have been taken care of and the Road Agent recommends approval.  Motion Selectman MacCleery, second Chairman Colbert to accept Healy Pasture Road as a town maintained road.  

Selectman DeBold stated for the record he still has concerns on whether the intersection of Healy Pasture Road and Pleasant Street has proper site distance.  

The Chairman called for a vote.  All three were in favor.  Motion carries.

The Board reviewed the mail, all other correspondence and signed accounts payable and payroll.  

Lisa was directed to send a follow up response to the Historical Society regarding the repair needed to the fire escape on the Community Building; so long as the escape is not required to meet building code, the Selectmen recommend removing it.  The Selectmen are not in favor of spending money to repair the fire escape.  
The minutes of September 18, 2007 were approved as written.

An Intent To Cut was signed for Sanborn, map 5, lots 13 & 100.

Being no further business, the Chairman adjourned the meeting at 10:20pm.

Respectfully submitted,

Lisa Stevens                                                    

______________________  ________________________    ___________________
David Colbert, Chairman Richard DeBold                  Stephen MacCleery

                                                                        APPROVED AS CORRECTED

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