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Selectmen Minutes 10/23/2007
Chichester Board of Selectmen
October 23, 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, John Uitts; Deputy Fire Chief, Gilbert Vien; Fire Chief, Dave Paveglio; Building Inspector and John Martell; Emergency Management Director

HYW – Mr. Kenneally submitted an additional quote along with the original quote for guardrail replacement work on Webster Mills Road.

The Center Road project is complete. CLD is looking at the approaches to the com span and the box culvert and will recommend either guardrails or deflectors.  The project is over budget $16,000.  This is attributed to NHDES permitting costs, construction oversight by CLD and the blasting expense.

The Road Agent has just received the recommendations from CLD relative to anticipated road improvements that may be necessitated by the French Hill Subdivision.  The report takes into consideration that the town has already identified the three deficient com spans thus those costs will be the responsibility of the town and not the developers.  

The Road Agent brought to the Board’s attention, interior building renovations ongoing in a barn on West Road.  The Board directed the Building Inspector to contact the resident regarding the project and perhaps any inspections that may need to be conducted.  The property will be flagged for review by the assessor prior to April 1 of next year.

PD – Sergeant Martell reported on behalf of Chief Clarke, the results of the traffic count conducted on Hilliard Road were one hundred twenty-six (126) cars in a twenty-four (24) hour period.

EMD – Mr. Martell reported that the State has made him aware of the need for the town to appoint a Deputy Emergency Management Director.  John has asked the Fire Chief to fill that position.  Chief Vien has agreed.  Lisa will confer with the State as to who is the appointing body, State or Local level and obtain the necessary appointment papers.   

FD – The Fire Chief submitted a proposal for continued EMT training from Capital Med Ed.  The Chief would like to add this to the training line as an annual cost for the department.  There is a substantial cost savings by grouping the needed courses under one umbrella.  Several surrounding communities have taken this approach and are pleased with the services received.

Chief Vien reported on the information he received from the Fire Marshall’s office concerning who is the authority having jurisdiction over the approval of a gated road and fire access referencing to the NFPA (National Fire Protection Association) guidelines.  Chief Vien has also spoken with fellow colleagues within the mutual aid compact to discuss the pros and con’s these communities have or have not experienced with gated roadways.

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Mr. Tom Jameson, Chairman of the Road Advisory Committee stated for the record, that the Road Advisory Committee, at their meeting of October 18th, unanimously voted not in favor of gating Perry Brook Road.    

BI – Mr. Paveglio reported that he and Fireman Cole have inspected the Community Building in regards to the second access on the upper floor and the requirements of the fire escape.  The number of people allowed for assemblage, according to the room size, does not necessitate the fire escape, however the Fire Chief has the final authority.  Should the fire escape be required, the current one will have to be replaced; it is in poor condition and a safety hazard along with replacement of the exit door.  Neither item meets current safety code. Chief Vien will make arrangements with the Historical Society to inspect the building.

Mr. Paveglio has reviewed Mr. Crannell’s building project.  It is Mr. Paveglio’s opinion that a building permit is not required; expenses will be less than $1000.00.  Mr. Crannell is building a lean-to structure utilizing old telephone poles.  The unregistered, antique trucks will be stored under this lean-to.  

RAC – Mr. Jameson, Chairman of the Road Advisory Committee informed the Selectmen that the committee has voted to appoint Alan Mayville as a member.  The committee is working on updating their annual report and plans to have the report finalized by December 1st.   Mr. Jameson also made the Board aware of the need, in his opinion, for guardrails approaching the com span on Center Road.  The committee has already stated in their road plan that future roads should have guardrails.

Mr. Kenneally asked Selectman DeBold why he was against all the information he has heard from the department heads, surrounding towns, the town engineer and the Road Advisory Committee, voicing their concerns for gating Perry Brook Road.

Selectman DeBold countered with a question to Mr. Kenneally, what compelling information have we had?  

Chairman Colbert then asked Selectman DeBold, what compelling information haven’t we had?

Selectman DeBold responded by stating, in his opinion, he has not heard strong enough reasons to not allow the gate and he is weighing the citizen’s petition heavily.

Mr. Giuda stated that the NFPA guidelines adopted by the Fire Marshall’s office are not being followed by most of the towns in the State.

SUBJECT: Chichester Youth Association
PRESENT: Todd Hammond; CYA president

Mr. Hammond informed the Board of Selectmen that the roof on the snack shack at Carpenter Park is leaking.  There is also minor structural damage to the cedar shakes surrounding the area of the leak.  CYA nor the Parks and Recreation Commission have enough funds for the repair. The snack shack is a town building. Mr. Hammond requested the Board of Selectmen authorize the expenditure for the roof repair from the Town Facilities Capital Reserve Fund.   A quote in the
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amount of $1125.00 has been received from Tepper Construction.  The Board requested two additional quotes prior to making a decision.  Selectman DeBold offered to solicit additional quotes.

SUBJECT: Perry Brook Road
PRESENT: Brandon & Katrina Giuda

Mr. Giuda submitted a new petition to the Board of Selectmen on behalf of residents on Perry Brook, Hilliard and Swiggey Brook Roads supporting a gate at the end of Perry Brook Road.  

Mr. Giuda came before the Board this evening looking for the Board’s decision as to their recommendation to allow the gate.  Mr. Giuda is also disputing the town’s ability to impose both exaction fees and impact fees.  Mr. Giuda does not agree with town counsel’s opinion.

A very lengthy and heated discussion was held with Mr. Giuda debating the validity of the safety and maintenance concerns previously stated by town officials.

Chairman Colbert stated he has made his recommendation not in favor of a gate and to send all the information to the Planning Board and let them make their decision.

Selectman DeBold is still not sure on where the authority lies, but is not opposed to the gate.

Selectman MacCleery is still looking for information from the City of Concord as to what their zoning says for gated roads and Fire Chief authority.  Selectman MacCleery is interested in how Concord is handling similar situations.  There appeared to be miscommunication between who was responsible for seeking this information.  The Fire Chief spoke to Concord officials regarding opti – com gate systems.  The Selectmen’s office did not look into Concord zoning.

Concerns were raised once again as to the cost and maintenance of this gate and associated equipment.   

Gordon Jones, a Pleasant Street resident asked what happens down the line when the gate is removed, will the taxpayers have to pay the cost of the road improvements?  Mr. Jones feels eventually the gate is going to pose a nuisance and have to come down.

Selectman DeBold asked Mr. Jones what he judged his comment on.  Mr. Jones replied, “life experience”.  

Mr. Jameson stated the RAC has identified Hilliard and Perry Brook Road for upgrades already.  As progress happens people will want the gate removed.  Also, how can the highway department adequately plow the road?

Mr. Giuda responded that the Road Agent has requested a bigger flatter grade at the top of the road where the trucks would need to stop before the gate, the plans reflect that.  

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Chief Vien responded that only the fire department, by law, is allowed to have the keys for the knoxbox.  The key is the same for all the town buildings, other personnel and sub-contractors would not be allowed to carry keys.

Mr. Giuda challenged this fact as being law.  

Chairman Colbert stated that at the first incident of life safety at this development, the condo residents will come into the Selectmen with a petition to remove the gate and the town will be required to remove it.   Also, why would it be safe for the gate to be open during the winter months to send all the traffic down Perry Brook and Hilliard Road for the winter months but not okay during the summer months, why wouldn’t the petition apply in the winter, that did not make sense to him.  A comment was made that he was not working with the developer; Chairman Colbert has to work with and lookout for all the people in this town.  

At this point, Mr. Giuda was through debating and asked for Selectman MacCleery’s decision.

Selectman DeBold stated Selectman MacCleery should not be forced to make a decision this evening if there was more information he needed.  

Selectman MacCleery asked, if it’s not in our zoning, how can it be allowed?

Mr. Giuda expressed if it was such a concern then why hasn’t Selectman MacCleery done anything about it?  Further, Mr. Giuda believes CLD’s recommendations are driven by the Road Agent, there is no supporting data.

Chairman Colbert stated that he could petition the town to put a gate on Bear Hill Road because he doesn’t want traffic on his road.  

Mr. Giuda countered that Frank and I have said that we would change this proposal and put in all single family homes instead.

Chairman Colbert responded that he will not base his decisions on threats from Mr. Giuda. Chairman Colbert’s decision is based on our zoning and life safety concerns.  He is doing what he thinks is in the best interest for all the residents.

Mr. Jameson posed the question, who has the authority to allow the gate?  Not the Planning Board?  Is it the Fire Chief or the Board of Selectmen?

The Planning Board has made a decision like this in the past.  

Mr. Giuda stated to Selectman MacCleery that he was only asking whether or not he supports a gate.  You had no problem making a decision in July, what has changed?  

Selectman MacCleery repeated his belief that this issue needed to go to the Board of Adjustment.
Selectman MacCleery stated his decision in July was based on department heads comments.  The design of roads is not specifically addressed in zoning.

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Chairman Colbert stated we all agree that the second egress was for life safety, then why would we want to inhibit it.  It makes no sense to gate a town maintained road.

Mr. Jameson stated he did not believe it would be productive for the Planning Board to meet for their work session if this issue was not resolved.  The RAC only received input from Mr. Kenneally as the Road Agent and his concerns with maintenance and not as a Planning Board member.

Mr. Giuda repeated what maintenance issues?  Nothing of merit has been brought up. Name one major maintenance issue.  

Chairman Colbert responded by stating he was not going to defend the Road Agent.  It is the Planning Board’s decision whether or not to allow the gate.

Selectman DeBold went on record stating he believes the gate is a viable option but wishes it to be an opti-com system and the initial outlay of the cost and equipment to be at the expense of the developers, and he believes that to be fair and reasonable.

Mr. Giuda reiterated his belief that the town could impose exaction fees or impact fees but not both, paying for the opti-com system is a reasonable expense, but, the road upgrade costs are not a reasonable expense.

Chief Vien voiced his agreement for the developers paying the cost of the opti-com system and gave the Selectmen two contact names for further advice and information if needed.  

Mr. Brian Menard asked the Selectmen whether the Road Agent was on the Planning Board as a Planning Board member or as the Road Agent.  The response given was as a Planning Board member. This question was predicated by Mr. Kenneally’s comment to Mr. Menard this evening out in the parking lot of, “You guys are missing out on the developers paying for the cost of the road improvements.”  Mr. Menard is curious as to the Road Agent’s commitment to be subjective.

Mr. Chris Weir commented that a lot of weight has been given to this petition, but this project also affects those residents on Pleasant Street and Kelley’s Corner Road.  We only have half the story.

Mr. Menard asked why didn’t the Pleasant Street residents bring in a petition.
Mr. Jones, a Pleasant Street resident responded he doesn’t like to see more traffic on Pleasant Street and hates to see a big development with added traffic but it is the owners choice to develop his land, its inevitable.  I am in favor of keeping Perry Brook Road open because it would lessen traffic on Pleasant Street.  


The Selectmen had further discussion regarding the proposal to gate Perry Brook Road.  The Selectmen directed the Administrator to contact town counsel with two specific questions; 1)

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Who has the authority to allow a gate? And, 2) How does the town address this issue if it is not specified in the zoning ordinances?

The Selectmen directed Lisa to forward a letter of reply to the second correspondence received from Coffey requesting an impact fee refund on map 4, lot 171-A.  

A second meeting to continue the perambulation of the Pittsfield town line is taking place Saturday morning, October 27, 2007.

The Road Advisory Committee needs a Selectman representative for this year.  Also, it is the Board of Selectmen who appoints members to committees, not the committees themselves.

No information has been received from town counsel regarding policy review.  This item was tabled until such review is received.

The Selectmen received the 2008 budget proposals, proposed warrant articles and a draft of the updated Capital Improvement Plan (CIP) for their review.  Budget meetings begin next week.   

 The Selectmen reviewed the remaining mail and department correspondence.

The minutes of October 16, 2007 were approved as corrected.

The Board signed accounts payable and payroll.

Being no further business, the Chairman adjourned the meeting at 10:40pm.

Respectfully submitted,

Lisa Stevens

______________________  ________________________    _______________________
David Colbert, Chairman Richard DeBold                  Stephen MacCleery

                                                APPROVED AS CORRECTED

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