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Selectmen Minutes 10/14/2008
Chichester Board of Selectmen
October 14, 2008

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

Department Heads present: Patrick Clarke, Police Chief; Gilbert Vien; Fire Chief; John Uitts, Deputy Fire Chief; John Martell, Emergency Management Director; David Kenneally, Road Agent; David Paveglio; Building Inspector

Others present: Alan Mayville, Ted Bailey, Arthur Ellis, Chris Weir, and Karen Lingner  

Subject: EMD - Hazard Mitigation
Present: John Martell; Emergency Management Director, Richard Verville, State of NH Hazard Mitigation Officer; Chuck & Frances Scheys

Mr. Martell distributed a Letter of Intent application required by the State, for the town to initiate the Hazard Mitigation process on behalf of the damage that occurred to the Scheys property on Deer Meadow Road.  The Town must be the applicant.

Mr. Verville explained the mitigation process that can be used to mitigate any town hazard.  The Letter of Intent starts the process at the State level to include the town in the pool of communities throughout the State seeking funding.  Key points were; the town must identify a project and prepare a cost estimate.  The Letter of Intent does not commit the town to any money; the 25% matching funds can be an in kind match or funded by the homeowner. The town must come up with the plan and no monetary obligation is required until the town starts whatever that project is determined to be. Once the Letter of Intent is received by the State, an application packet for the grant funds will be sent out in early December.

Mr. Scheys stated the flooding also affects a house in Epsom and asked for direction as to how to pool resources.

Mr. Verville explained the dam is owned by the State and the only hazard mitigation money the State will commit for a dam project is for removal of the dam, funds cannot be used for any improvements to a State owned dam.   Mr. Verville recommended speaking to NHDES regarding options for the dam.

Mr. Scheys asked the Board if they would be willing to submit the Letter of Intent to apply for this grant money.  Chairman DeBold stated his willingness to talk over the details with the Scheys but first wished to speak with Jim Gallagher from the State Dam Bureau.  Selectman MacCleery stated he would be willing to submit the Letter of Intent.

Mr. Verville encouraged the homeowner to secure flood insurance.

Subject: Fire Department
Present: Gil Vien, Fire Chief

Chief Vien informed the Board Forestry III has been listed for sale on Craig’s List and that he has contacted the towns of Northwood and Deerfield as well as the State Forest Warden, none of whom were interested in purchasing the vehicle.

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Chief Vien is working on his budget and stated how difficult the Budget Justification Form is to work with.

Arthur Ellis has submitted an offer to purchase the 1990 ambulance through private sale.  Mr. Ellis stated he researched the book value and based his offer to include additional monies that may recoup whatever expenses the town has incurred by including the ambulance in the State auction.  

Lisa has spoken to a representative from St. Jean’s Auctioneers, the firm handling the State auction and was told the ambulance could be removed from the auction prior to the day of the auction.

Motion Selectman MacCleery, second Selectman Jordan, in consideration of a town resident, to bring the ambulance back from White’s Farm and sell by sealed bid.  Motion passed by unanimous vote.

Chief Vien informed the Board that the new ambulance is in service and was on its first call last night.

Subject: Highway Department
Present: David Kenneally, Road Agent

Mr. Kenneally submitted a copy of his CIP plan to the Board and indicated that just duplicating three copies of the document used a whole toner cartridge for his printer.  Mr. Kenneally stated his belief that this amount of work is excessive (three full days of labor) and further that the numbers used in the plan will be no good after next year.  Mr. Kenneally submitted his proposed budget which consists of sixty pages and again stated that the Budget Justification Forms are bogging down the department heads with unnecessary paperwork, this is a flat line budget, why are they needed.

Mr. Kenneally’s recommendation at this time for the plow contractor rate is to stay the same as last year.  Signed contracts are due to the office on or before November 1st.

Mr. Kenneally has spoken to Mr. Jaan Luikmil regarding the offensive language complaint.

Mr. Kenneally was not in favor of retro-fitting the old highway department fire truck to be used as a back-up sander truck only.  The controls would be all different on this truck than the other trucks and Mr. Kenneally finds the cost of outfitting this old truck as a complete back-up plow truck to be to cost prohibitive.  Mr. Kenneally recommended the truck be disposed of.  Selectman Jordan concurred with the Road Agents recommendations and stated the town should not use that truck at all.

The department has received no word from the State regarding relocating the stop sign on Canterbury Road.  The street sign for Bear Hill Road at the Carpenter Park end is not clearly visible.  This sign is located within the State’s right of way as well and the town is not authorized to work within those boundaries.  The State must attend to the placement of the sign.

Subject: Police Department

The repairs to the station due to vehicle damage have been taken care of.  Officer York has joined the Naval Reserves and will need a three week leave in the upcoming months to attend training.  This was not a planned for expense and most likely with the part-time coverage already overspent, will result in a budget shortage and require an adjustment to shift schedules.

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The Space Needs Committee is working on a plan to make the current department space more usable.  This may result in acquiring some space from the fire department.  The committee needs to meet and collect costs to renovate and will be making a recommendation to the Board for submission of a warrant article to address those renovation costs.

Chairman DeBold spoke about his concern with the current police department working arrangement to bring all detainees out of town to process at the Pittsfield Police Station.

The Fire Chief has spoken to the BCEP Solid Waste Facility regarding use of a dumpster to remove the surplus and outdated equipment being stored at the station. Disposal of these unwanted items will free up some additional space as well as accommodate some shuffling of items around.

Subject: Building Inspection
Present: David Paveglio

Mr. Paveglio inquired of the Boards opinion relative to the Commercial Occupancy Permit.  The Selectmen wish to add some specificity to the language to ensure that all conditions of an approval or site review have been satisfied.  Selectman MacCleery suggested a checklist of some kind be included.  Chairman DeBold will work on refining the document.

Mr. Paveglio reported that three building permits are now available for this year.  These are expired permits originally issued to Joe Austin’s condominium development.  The current waiting list has been polled with no interest to more ahead on the schedule.

Subject: Personnel Matter
Present: Carol Raymond

Employee Raymond was asked to attend this evening’s meeting to discuss a recent complaint filed. Such matters are not subject to an open meeting under the Right to Know Law, 91-A: 3. Ms. Raymond requested the meeting be open to the public.  Discussion ensued relative to how to address that request without divulging testimony taken under a previous non-public session with the Board of Selectmen.

Road Agent Kenneally stated his displeasure with not being notified about this matter, as the employee’s immediate supervisor.  Mr. Kenneally also questioned whether or not Selectman MacCleery had asked the individual to come in and file the complaint.  Selectman MacCleery stated he did receive the complaint and encouraged the individual to come before the entire board to address the matter.  One Selectman cannot act on his/her own.                            

After much discussion, the Board directed Lisa to clarify the following points with town counsel and re-schedule the meeting with employee Raymond once a response has been received.   Does the employee have a right to an open meeting?      Can the Board waive non-public and grant the employee’s request to an open meeting?             Is the employee entitled to have their supervisor present?
        Is the employee entitled to the identity of the aggrieved party?        Can the BOS divulge details of the complaint given during a non-public session? Do the minutes have to be opened to do so?
                Does the aggrieved party have to be notified of such opening?

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General Business/Board Discussion:

The Board reviewed the minutes of October 7, 200 and made the following corrections; correct spelling , page 3, paragraph seven “phone”, add ‘The other Board members received similar calls.’ The minutes were approved as corrected.

Selectmen MacCleery shared his thoughts of using the Site Plan checklist as a template for a checklist on the Commercial Permit form.

Mr. Breton, owner of Chucksters, LLC has notified the office that the first light fixture has been replaced and the Board may schedule a time to come on site and verify compliance with light glare.  The Board scheduled Thursday, October 16th at 7PM to meet at the Chucksters site.

Selectmen MacCleery informed the other Board members of recent conversation with Planning Board chairman Tom Jameson regarding MTS Environmental coming before the PB in the last couple of years.
The Board discussed the drafting of a letter to property owner Merrimack Timbers requesting disclosure of the recent activity taking place at the site.  The Board is questioning whether or not the business is in compliance with current zoning.

Moderator, Doug Hall stopped in to notify the Board that he is in need of a ballot clerk for the democrat side for the General Election on November 4th.  

The Board reviewed RSA 33-A: 3, Disposition of Municipal Records, which requires the Selectmen to establish a committee charged with the proper storage, retention and disposal of all municipal records.
Motion Chairman DeBold, second Selectman MacCleery, to appoint a Municipal Records Committee for the Town of Chichester with the following town officials/departments as members; Evelyn Pike-Town Clerk/Tax Collector; Carolee Davison, Town Treasurer; Lisa Stevens, Town Administrator, and Donna Chagnon, community representative.  All were in favor.  Motion passes.

The Board discussed the need to review non-public minutes on a periodic basis to determine whether or not the reason remains to keep the minutes sealed.

The Board reviewed the updated Stumpage List from the Department of Revenue.  Motion Chairman DeBold, second Selectman MacCleery, to adopt the average stumpage value calculated by using the mid-range between the low and high cost of each species.  All were in favor, motion passes.

The Board discussed an invitation from the Conservation Commission to hold a joint public hearing on November 10th, to inform the public on the trail expansion project that will connect the trail from Hillcrest campground, through the town property around Marsh Dam and cross over Main Street to connect to the existing trail behind the Shaw and Meehan fields.  The Board decided to accept the invitation providing the Conservation Commission be responsible for all notifications and postings.

In light of the holiday on Tuesday, November 11th, the Board agreed to hold their weekly business meeting after the public hearing on Monday, November 10th.

Mail and all correspondence were reviewed.  Payroll checks and accounts payable were signed.

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Being no further business, Chairman DeBold adjourned the meeting at 9:50pm.

Respectfully submitted,

Lisa Stevens                                                    
Administrator                                                           Approved As Written

______________________            _______________________         _______________________  
Richard DeBold, Chairman                  Stephen MacCleery               Jeffrey Jordan        

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