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Selectmen Minutes 05/14/2013
Chichester Board of Selectmen
Minutes of Meeting
May 14, 2013    

Members present:  Jeff Jordan, Richard DeBold, Mike Paveglio
Others present for all or part of the meeting:  Nancy Tanner (Town Administrator), John Martell, Patrick Clarke, Allen Mayville, Donna Chagnon, Michele Plunkett, Jim Plunkett, Matt Cole, Jason Weir, John Freeman, Bette Bogdan, Bernie Reinhardt, Lucille Noel, Thomas Houle, Justin Tracy, Troy Ward

Chairman Jordan opened the meeting at 7:00pm.  

Appointments

Department Heads

EMD:  Nancy spoke about the Scheys denial from the Suncook River appropriation fund.

Police:  The Chief encouraged attendance at the Grange awards night on Wednesday.  Mr. Jordan said he has been asked from the public why the department needs new guns.  The Chief said that the springs need to be replaced which is just as costly as the new equipment.  Also, the department is downsizing the caliber which will save money in ammunition costs.

Building:   John Freeman has been busy.  6 permits for the period.  Over $1 million added to the tax base and $3,509 in fees.

Highway: The quote from CLD to get a preliminary price on what it would cost to get an engineer plan for the sander rack is around $1800.00.  The Board would like to review the proposal.  Mr. Paveglio commented that the meeting at the shed last Thursday with Sanborn, Head and Associates was very good.  The following was looked at and discussed:
Moving the loading area and eliminated the need to drive a loaded truck around the salt shed.
Adding concrete and berms
Adding a rollup door to the front of the shed
Re-pitching the lot
Paving under the sander rack and adding a roof
Better housekeeping
Sealing the inside of the salt shed
Sanborn, Head, and Associates will be putting together a quote to develop a site plan.  The data that we have from years ago to date indicates that the changes we have made so far is having a positive impact.  

Jim has spoken with Contest Consultants.  They will provide testing for the road projects.  Approximates are $85 each for sieve tests and $375-$400/day for density testing.  Roughly $2500 for all projects.  Jim has only been able to get 2 bids for the Perry Brook Road guardrails.  $5700 and $7900.  The Board would like to Jim to try for a third quotation.

Fire:  Deputy Chief Cole reported that Chief Quimby was at Wardens training.  Justin Tracy and Troy Ward are graduating from the Fire Academy on Saturday.  They were congratulated and thanked for their service in Town.  The department will be welcoming two new freshmen.  Engine 1 went to its first fire.  Jamie was able to secure a Unitil grant for the lighting upgrade at the fire station.  Before signing the grant the Board would like to know some information about the contractor.  Nancy will follow-up.

There was a discussion about the Fire Department asking for funds from the Facility Capital Reserve Fund to fix the deck after they had spent the money.  Deputy Chief Cole said that they happen to have someone with carpenter skills available on a sunny day and took advantage of that opportunity which was not planned.  The Board denied the request to spend the money from the CRF after the purchase.  

The Department is hosting a rural water supply training this weekend.  On Sunday there will be 15-20 pieces of apparatus shuttling water in town.  

Library:  The Library held a book sale on May 11th.  They have increased the cost of books to $.50.  Thirteen kids participated in the Lego Club.  Lovers of the Chichester Library will meet on the 20th.  The Garden Club will meet on the 22nd.  There is a sing-a-long concert on the 31st; annual plant and book sale on June 8th.  

Other Business

Agricultural Commission:  Meeting tomorrow evening

Community Building:  During the budget season the Historical Society asked to use the second floor of the Community Building.  Mr. Paveglio stated that he thought it was for storage, but what they actually would like to use the space for displays.  This would change the requirements significantly.  Mr. Paveglio will follow-up and report back to the Board.

Purchasing Policy/Road Agent:  Mr. Paveglio stated that last week’s meeting was rough and there were a lot of emotions displayed.  Mr. Paveglio prepared a written statement with the facts to this point.  The statement was read and is attached to these minutes.  Nancy made a correction to the amount of the Ricker Road project invoice; it should be $57,908.80.  The Road Agent will prepare a rebuttal for next Tuesday’s meeting.  Mr. Paveglio stated the need to be transparent.  He feels the Road Advisory Committee does a great job and should be supported.  Mr. DeBold brought up the directive that was put out to the Department Heads after both paving projects.  There was a discussion about whether the date of the directive should be a line in the sand and prior violations are put to rest.  Mr. Paveglio feels these two paving jobs are too large a sum of money for there to be no action.  The new fire truck was brought up and Mr. Paveglio stated the Board was part of the decision and the Board signed the purchase and sales agreement.  It was also stated that Jim is an Elected Official and if the other Department Heads had any disciplinary action it would have been nonpublic and not disclosed.  When Mr. Paveglio was asked for a proposed resolution he asked the other two Board members what they would support.  Mr. DeBold spoke about the recent directive and said that he would like to move on from that point since there have been other infractions.  He did state that the two paving jobs were costly and he is not excusing them; however he would like to move forward and there will be no acceptable infractions from this point on.  Mr. Plunkett wanted it pointed out that the statement was Mr. Paveglio’s opinion.  Mr. Plunkett is accused of putting a contractor’s reputation in question on page 1 and Mr. Paveglio is questioning the work of another contractor on page 2.   Mr. Paveglio agreed that was his own opinion.  Mr. Mayville feels there is a lack of supervision from the Board to the Road Agent and from the Road Agent to his employees.  Mr. Weir stated that the Town has been through similar things with other Elected Road Agents and feel the Board should ask the Town to consider making that position an appointed one.  RSA 231:65 was discussed as that deals with supervision and discipline of Elected Road Agents.  The Board would like legal opinion on the available discipline for all elected officials.  The Mayflower Drive issue was asked about.  Nancy responded by saying it is being looked into.  

Planning Board:  There are two people interested in the open alternate position.  The Board would like to meet with both of them.  Mr. DeBold is troubled by the attendance of some Planning Board members and feels there should be reliable attendance.  The Board would like to meet with the Chair and Co-chair.  

Assessments:  Mr. Hall suggests that the Board consider sending an explanation of the effect of the revaluation with the second tax bill.  So that residents can understand how their bill was affected.

Zoning:  Nancy said that she had spoken with Mr. Boulet and the camper and structure will be removed by this weekend.  

Tax Deed:  The Board tabled the McFarland deed for one more week to allow the check to clear.

Non-Public Minutes: The Board went into nonpublic session to discuss the releasing of nonpublic minutes.
Mr. Jordan made a motion seconded by Mr. DeBold to go into a nonpublic session under RSA 91-A:3 II (a and c).  Roll call vote was unanimous.
Mr. DeBold made a motion to exit the nonpublic session at 9:07 seconded by Mr. Paveglio.  Roll call vote was unanimous.  

The minutes under discussion will remain sealed.  The minutes of this session were sealed indefinitely.

Personnel:  Mr. Jordan made a motion under RSA 91-A:3 II (a) to go into a nonpublic session to discuss a personnel issue.  Mr. DeBold seconded the motion.  Roll call vote was unanimous.

Mr. DeBold made a motion seconded by Mr. Paveglio at 9:53 to exit the nonpublic session.  Roll call vote was unanimous.  

The minutes of the session were sealed indefinitely.

Purchasing:  Jim asked about purchasing for vehicle maintenance.  The Board will look at the policy and try to make this clearer.  Jim need to purchase parts for the loader and Chappell Tractor is a sole source vendor for this item.  Mr. Paveglio made a motion seconded by Mr. DeBold to give the Road Agent authorization to purchase parts for the loader from Chappell Tractor.  Motion passed.

A motion by Mr. Paveglio and seconded by Mr. DeBold to adjourn the meeting at 10:00.  Motion passes.

Respectfully submitted,
Approved when signed



Nancy Tanner



_________________________               _____________________      _________________________
Jeffrey Jordan, Chairman                 Mike Paveglio                                  Richard DeBold



To: Selectmen Richard Debold and Jeffrey Jordan May 14, 2013

It is my intent to present this summary to the Board of Selectmen on 5/14/2013 for the purpose of
discussing and deciding on any potential disciplinary actions to Road Agent Jim Plunkett. I would
request that this statement be part of the minutes of this meeting with any noted errors or
disagreements by the BOS recorded also.

This document summarizes the unauthorized spending actions of the Road Agent, Jim Plunkett for the
Ricker Road reconstruction project November 2012 and Canterbury Road shim and overlay project
April of 2013.

Ricker Road ReConstruction Project:

History:
The BOS awarded a cost of materials contract to Ed Andrews of R&D Paving which authorized the
extension of the 2011 pricing to all the projects in 2012. (See BOS minutes from April 10, 2013). This
action was in accordance with the Town Purchasing Policy.

The Road Agent was asked for an explanation at the May 7, 2013 BOS Meeting; The Road Agent
responded that he decided to award the contract to Continental Paving because Ed Andrews of R&D
Paving was not responding to his phone calls. He stated he “considered this an emergency” which he
felt authorized him to award the Bid to another source.

Infraction:

The Road Agent did not honor a decision of the BOS that awarded a bid to R&D Paving and awarded
the contract to Continental Paving for $58,90880. (See attached invoice)

The Road Agent did not follow the town purchasing policy, as the Board of Selectmen did not approve
not using the bid process. See Town of Chichester, Personnel Policies and Procedures Manual last
approved August 3, 2010, Section VIII, Paragraph B, Subparagraph

The Road Agent did not follow the policy that requires him to provide “written determination for the
basis of the emergency and for the selection of the particular contractor or vendor shall accompany
the statement or invoice.” See Town of Chichester, Personnel Policies and Procedures Manual last
approved August 3, 2010, Section VIII, Paragraph B, sub Paragraph 6.

The reputation of a Paving Contractor is in question based on statement made by the Road Agent , this
still needs to be resolved. I spoke to Ed Andrews from R&D Paving and he provided me with phone
records that showed he tried to contact the Road Agent many times to schedule the paving of Ricker
Road.

Per RSA 231:65, the road agent intentionally or deliberately neglected to comply with lawful
instructions of the selectmen. See RSA 231:65 attached to this statement.

Road Agent Purchasing Issues 5/14/2013 Page 1 of 6

Canterbury Road Shim and Overlay Road Maintenance Project

History:
On April 22, 2013 Continental Paving shimmed and overlaid a section of Canterbury Road for the cost
of $66,753.54. (Invoice attached)

The road Agent was asked about this at the May 7, 2013 BOS Meeting, he stated that he felt he
followed the town policy as he used the State of NH Bid List.

This project was only discussed during the budget process, and one other time when a resident came
to the BOS to complain about the condition of the Road. To the best of my recollection shimming only
was discussed.

The Road Advisory committee was also not aware of this project.

Infraction:

The Road Agent did not follow the town purchasing policy, as the Board of Selectmen did not approve
not using the bid process. See Town of Chichester, Personnel Policies and Procedures Manual last
approved August 3, 2010, Section VIII, Paragraph B, Subparagraph 5.

The Board of selectmen was not consulted at all prior to this project being started.

The project was done while the road Agent was on vacation; the repaving does not appear to have
been done to the standards one would expect for paying $66,753 on. For example, the road crown
wanders and the edges are sporadic. The Road agent is responsible to ensure the project is being done
properly; he cannot do so when he is not present.

The Board of Selectmen was not aware of this until after the road was paved.

Per RSA 231:65, the road agent intentionally or deliberately neglected to comply with lawful
instructions of the selectmen. (Purchasing Policy)

Respectfully submitted;
________________________________
D. Michael Paveglio
Selectmen, Town of Chichester
Road Agent Purchasing Issues 5/14/2013 Page 2 of 6
Invoice documentation
Road Agent Purchasing Issues 5/14/2013 Page 3 of 6
Invoice documentation
Road Agent Purchasing Issues 5/14/2013 Page 4 of 6
Invoice documentation
Road Agent Purchasing Issues 5/14/2013 Page 5 of 6

TITLE XX
TRANSPORTATION
CHAPTER 231
CITIES, TOWNS AND VILLAGE DISTRICT HIGHWAYS
Repair of Highways by Towns
Section 231:65
231:65 Oath; Bond; Supervision. – Highway agents and expert highway agents shall be sworn to the
faithful discharge of their duty, give bonds to the satisfaction of the selectmen for the faithful
performance of the duties of the office, and be responsible to them for the expenditure of money and the
discharge of their duties generally. The selectmen may supervise the methods and manner of
performance of such agents. If any highway agent shall intentionally or deliberately refuse or neglect to
comply with lawful instructions of the selectmen, or shall intentionally or deliberately refuse or neglect
to carry out the duties prescribed by law for highway agents after written request by the selectmen, the
selectmen may remove such agent from office. The selectmen shall file a copy of any such order of
removal, under their hands, with the town clerk.
Source. 1893, 29:3. 1913, 14:1. 1915, 171:1. PL 80:11. RL 96:11. 1945, 188:1, part 16:8. 1947, 170:1.
RSA 245:9. 1981, 87:1, eff. April 20, 1981.
Section 231:65 Oath; Bond; Supervision. Page 1 of 1
Road Agent Purchasing Issues 5/14/2013 Page 6 of 6


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