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Selectmen Minutes 09/02/2008
Chichester Board of Selectmen
Minutes of Meeting
September 2, 2008

Members present:  Chairman Richard DeBold, Selectman Stephen MacCleery, Selectman Jeffrey Jordan, and Administrative Assistant Jamie Pike.

Other present:  Road Agent David Kenneally, Alan Mayville, Fire Chief Gil Vien, Deputy Fire Chief John Uitts, Police Chief Patrick Clarke, Building Inspector David Paveglio, EMD John Martell, and Karen Lingner.

Chairman DeBold called the meeting to order at 7:00pm.  

Police Department – Chief Patrick Clarke

Chief Clarke reported that Officer York damaged the garage with his privately owned vehicle.  Chief Clarke shall have someone inspect the damage and get a quote for the repair.  It was also noted that due to this damage there was found a pre-existing mold problem within the wall.  Chief Clarke also informed the Board that the State fuel pumps in Pittsfield are closed.  The Pittsfield Police Department has approached Chief Clark about getting a joint fuel tank as Concord is too far to travel for the Pittsfield Department.

Building Inspector – David Paveglio

Mr. Paveglio reported that the Tractor Supply building is on schedule to be turned over on September 15th.  The Building Inspector and Fire Chief shall perform joint inspections before this date to issue all necessary permits.

Highway Department – David Kenneally

Mr. Kenneally stated that ditching projects are moving along, and he is replacing culverts as needed.  Some of these projects will require a flagger and will be scheduled as Ms. Raymond is available.  Mr. Kenneally also reported that the sand deliveries are moving along slower than expected.

The Board questioned Mr. Kenneally about the repair estimated received from Mr. Georgopoulos.  This was allegedly damage caused by a plow truck during the past winter.  Mr. Kenneally stated that on the day in question there were 3 drivers on the particular road, and that none are aware of the incident.  A Police report was previously requested from Mr. Georgopoulos and none was received.  Mr. MacCleery commented that much time has passed since the occurrence of the alleged damage, and that the Town should not pay for damage where fault cannot be proven.  Mr. Georgopoulos shall be scheduled for a meeting with the Board concerning this matter.


Fire Department – Chief Gil Vien

Chief Vein reported that the new ambulance is scheduled for delivery around October 1st, and would like to place the retired ambulance in the State auction in October.

In regards to the Forestry Truck transmission, options of the repair or dissolution of the vehicle were discussed.  Chief Vien reported that the Town has invested approximately $20,000 into the truck.  This figure includes $9,000 in tools that could be moved to the other Forestry vehicles.  Other salvageable equipment from the truck include the pump, tank, radio and the lights.

It was determined that the Police Dept. nor the Highway Dept. have any use for the vehicle, and that there is not sufficient funds in the budget to repair the transmission this year.  It shall be researched if the vehicle can be sold and in what time frame due to it being purchased with Impact Fees.

Chief Vien requested direction with the construction of the driveway access to the hydrant at the Ferman fire pond.  Mr. MacCleery stated that he had reviewed the wetland zoning and feels comfortable with the construction as a fire pond is a permitted use.  Town counsel opinion was also reviewed and the Board was in agreement to allow the construction of the driveway access.

Fuel Bid

There was discussion about prior issues with Rymes as a vendor with the Town.  All of these issues have been resolved including billing and delivery problems.  Being no further discussion a motion was made by Mr. DeBold and seconded by Mr. MacCleery to award the fuel bid to Rymes Heating Oils Inc, at a rate of $3.679 per gallon.  Motion passes 2:1.

Paving Bid

The Board shall review alternative options with the Historical Society, and as a bid was received separating the cost of the pavement removal, the Road Agent shall be contacted to see if this was a project he could and is willing to undertake.

Budget Committee
Members present:  Norm Larochelle, Scott Marston, Lisa Drouse, Jason Weir, John Martell, and Lucille Noel.

A draft budget schedule was reviewed  by both bodies and changes were made regarding the need for detailed narrative on individual budget lines, and the request for the same effort from the Department Heads as was given last year.

There was discussion regarding the direction of the budget forecast for the coming year, and the Board was in agreement that they would like to see a decrease in the budget.  It was noted that due to a decrease in the budget that some services may need to be cut and the Department Heads will be asked which services they do without.

The next joint meeting of the Selectmen and Budget Committee shall be on September 16th at 7:00pm.

Moderator Douglas Hall

Mr. Hall reported that Mr. Pike had set up the voting booths over the weekend and that they had worked together to set up the rest of the room for a smooth operation on Tuesday.

French Hill – Frank Merrill and Brandon Giuda.

Mr. Merrill and Mr. Giuda were present this evening to discuss the phasing and bonding of the subdivision on Healy Pasture Road.  Mr. Giuda explained that it is not economically feasible to construct the entirety of the roads at one time.  It is Mr. Giuda’s intention to complete approximately 35% of the construction in Phase I to sufficiently facilitate the construction of 6 single-family units and 5 two-family units.  It is expected to take no less than 5 years to build-out the project.  Mr. MacCleery felt that the preliminary phasing and bonding schedule should be reviewed by the Planning Board.  Mr. Giuda and Mr. Merrill were scheduled to meet with the Planning Board on Thursday, September 4th.

Mr. Giuda also asked the Board of their intentions on the assessment of the Land Use Change Tax (LUCT) upon the properties to be developed.  It is understood that due to the opinion of a recent Supreme Court case that all the land will have to come out of Current Use at one time.  Mr. Giuda explained to the Board that the LUCT shall be assessed within one year of the start of development.  Mr. Giuda needs to know at what period the LUCT will be assessed as this information is needed for the financial documentation due to the Attorney General’s (AG)  office.  Mr. Merrill also asked the Board how the LUCT would be assessed upon the non-age restricted parcels.  It was explained to Mr. Merrill that in the past, only that land which has been changed or altered would be removed from Current Use.

In regards to Building Permits, it was noted that each developer would be eligible for 10 permits per year for the elderly housing units.  However, Mr. Merrill and Mr. Giuda would like to join the two developments into one entity for ease of the approval process through the AG’s office.  Mr. Giuda is questioning if he combines these two developments into one entity would he still be able to receive 20 permits per year.  It was determined by the Board that according to the Zoning Ordinances that any one entity may only receive 10 permits per year for the purpose of elderly housing units in open-space conservation developments.

The Board shall research further into the assessment of the LUCT upon the properties to determine what has been done in the past and in what direction the Board wants to proceed.

Bill Stevens

Mr. Stevens was present this evening to report that Chucksters has added additional lighting to their site causing not only light trespass onto his property but also upon the next property up Bailey Road as well.

Chucksters, LLC

The Board reviewed the final report from CLD Consulting Engineers regarding the Lighting Compliance Study performed at Chucksters site.  The report details several points of concern that need to be addressed.  Mr. Pike was directed to prepare a letter to Chucksters regarding the report noting that those violations detailed in sections 2, 3, 5, 6, 9, and 11 need to be corrected within 30 days.  

Karen Lingner

Ms. Lingner requested that during this upcoming budget season that all audience members be supplied with copies of all documentation that is being reviewed, so those members can more easily follow along with what is being discussed.   The Board stated that this would be done and directed Mr. Pike to insure that all documents were clearly marked DRAFT.

The minutes of August 26th were reviewed and approved as written.

Mr. DeBold stated that he will not be able to attend the Planning Board meeting on September 4th.  Mr. Jordan shall fill this vacancy.


Being no further discussion a motion was made to adjourn the meeting at 9:54pm by Mr. DeBold and seconded by Mr. MacCleery.  Motion passes.

Respectfully submitted,


                                                                        Approved as written.
Jamie A Pike








Richard DeBold, Chairman                            Stephen MacCleery                                    Jeffrey Jordan             


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