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Selectmen Minutes 07/29/2014
Chichester Board of Selectmen
Minutes of Meeting
July 29, 2014

Members Present:  Chairman Richard DeBold, D Michael Paveglio, Jeffrey C Jordan and Administrative Assistant Jamie A Pike.

Others Present:  Chief Patrick Clarke, Chief Alan Quimby, Road Agent James Plunkett, Deputy Chief Edward Millette, Deputy Chief Matt Cole, Building Inspector John Freeman, Library Trustee Lucille Noel, Ann Davis, Jason Weir, David Colbert, Allen Mayville, Thomas Houle, Terrance McCormack, Sue Merrill, Diane Mobbs, Darlene Phelps, Dana Phelps, Brandon Giuda, and Kathy Dahood.

Chairman DeBold called the meeting to order at 6:30pm.

Department Heads

Building Inspector – Mr. Freeman reported that 10 permits had been issued since the last meeting consisting of 8 utility permits, 1 deck and 1 1 ¾ story garage, totaling in permit revenue of $785.52.

Library – Ms. Noel reported that the last book sale held on 07/19 generated $400.  The next book sale is scheduled for 08/23.  The next Trustees meeting will be held on 08/11.  There are 3 more children’s movie matinees and 2 more events for the Reading Program scheduled for the remainder of the summer.  Mr. DeBold inquired as to the status of the heating system upgrade.  Ms. Noel stated that the work is scheduled to begin on 08/11 and will take approximately 3 days.

Highway – Mr. Plunkett presented the Board with a quote for the asphalt work to be completed at the highway shed with respect to the salt contamination mitigation plan.  The bid received is for $9,790 and is based on alternate B of the plan.  Mr. Plunkett is awaiting 2 additional bids.  

Also presented to the Board were 3 quotes for winter salt.  The prices were $54.45 from all three bidders although one was for rock salt and not the intended solar salt.  Mr. Plunkett reported that there was no incentive for purchasing early, and as he currently has 200 – 250 ton of material remaining in-stock he asked for direction from the Board as to how he should proceed in ordering.  Mr. Weir stated that the purchase should be made early recalling that salt stockpiles were scarce last year.  Mr. Plunkett added that he will be sending out requests for winter sand bids next week using the same specifications from the previous year.

Further reported was that the 1997 Ford truck will not pass its annual safety inspection due to a hole in the head.  Mr. Plunkett is seeking estimates for the repair work that needs to be completed.

Mr. Plunkett will be attending the pre-construction meeting at DOT on the morning of 07/30 to be informed of the details of the work to be completed on Main Street, Canterbury Road and Horse Corner Road.

Mr. Plunkett has received a complaint regarding the sight distance at the intersection of Harvest and King Roads looking west.  Mr. Plunkett informed the Board that there is a large earthen berm along the road with a stone wall atop.  It will have to be carefully reviewed and conversations with the property owner prior to any mitigation of the site distance.  

Mr. Plunkett reported that the department had been working on the widening of Durgin Road and is almost complete with one more section to be done in the fall.  The department has also been working on the ditching of Harvest and King Roads.  Work will be starting on the sealing of the Webster Mills and Depot Road bridges along with the box culverts on Center Road.  The department is going to try to seal the bridge on Blackman Road, but Mr. Plunkett stated this bridge is advancing in its deterioration and the brick walls are beginning to bow out.  The Town will have to start planning on how to repair this bridge.  Mr. Plunkett has been working on the CIP submissions and they are almost complete.  The roadside mowing is being done, although the contractor will be absent for a week as the State has recalled him for some work in Alton.  Mr. Plunkett reported that F L Merrill has begun work on the smaller section of Horse Corner Road.  Mr. Plunkett was informed that the Fire and Police Departments need to be notified of any road closings with respect to the construction work and its location as this was not done last week during a closure of Horse Corner Road.

Mr. Plunkett concluded his report in stating that he had ordered the Handicapped Parking signs for Carpenter Park as requested previously.

Mr. Paveglio asked where the ditching material from King Road is going?  Mr. Plunkett stated that he believed they went back to the highway shed while the larger rock material from the project went to Horse Corner Road.  Mr. Plunkett also stated that the ditching material from Short Falls Road went to the highway shed because the material was very wet and muddy. Through discussion, at times heated, amongst the Board, Mr. Plunkett, Mr. Weir, and Mr. Colbert; the Board directed that a written directive be drafted that all ditching material should be handled in the most economical way possible.  During this conversation, Mr. Paveglio presented the Board with a timeline of events regarding the situation with the Road Agent regarding the disposal of ditching materials. (Attached.)

Mr. Weir exasperatingly accused the Board of not managing its job, the assessor, the abatement process, or the Planning Board and criticized the Board for not meeting weekly to efficiently manage the town or the situation with the Road Agent.

In the interest of keeping the meeting moving, Chairman DeBold continued on to the reports of the remaining department heads.

Police – Chief Clarke reported that the hiring process was finishing up and was just waiting on the pre-employment physical.  Chief Clarke requested permission to bring on the new officer and introduce him to the Board at the next meeting.  Chief Clarke did not believe the new hire was going to be able to get into the September class at the Police Academy as there were 15 recruits from the Manchester PD.  Mr. Paveglio stated that he participated in the interview process with Ms. Pinard, Ms. Stockman and Officer Byrne and that the officer hired was a shining candidate.

Chief Clarke further reported that the new cruiser was in and is to be lettered this week and should be on the road for the next week.

Fire – Chief Quimby reported that the new forestry pickup had been delivered and would like to move forward with the sale of the 1977 Dodge p/u.  The Board will offer the truck at sealed bid with a minimum of $500.  Chief Quimby presented the Board with a request for 2 replacement computers for the Safety Building.  Ms. Pinard had already acquired three quotes for the requested hardware and recommended that they be purchased from the Town’s IT vendor, MainStay Technologies.  Mr. Paveglio stated that he wants to have an independent evaluation of the hardware needs of the Fire Department, and such is to be done by Jason Weir.  Mr. Paveglio stated that he felt the specified computers were low end and may not meet the needs.

Chief Quimby reported that membership of the department is low and they are having a hard time to fill ambulance shifts.  The department is currently engaging in an active membership drive to recruit new members.  Ms. Davis inquired as to the status of the fire permit needed for Old Home Day for the preparation and cooking of the beans and subsequent meal.  Chief Quimby responded that he will make sure this is taken care of.

Old Home Days – Ms. Davis passed out brochures regarding the activities and scheduled events.

Construction/Uniformed Policeman Ordinance

Chairman DeBold called the Public hearing to order.

It was explained to those present that this ordinance was brought forward to the Board of Selectmen for consideration by the activities of Waveguide, the contractor working for TDS.  
This contractor was allegedly not following proper flagging techniques and put the public at risk.  Chief Clarke stated that he reviewed many sample ordinances from around the state and developed the current proposed model.  The ordinance provides discretion to the Chief regarding the requirement for certified flaggers or uniformed traffic control.
Ms. Dahood asked what effect if any would the extra details have on NH Retirement costs and its burden to the taxpayers.  Ms. Dahood also stated that the ordinance should simply require that these companies set up proper construction zones in accordance with the National Traffic Safety Board (NTSB) and the Manual on Uniform Traffic Control Devices (MUTCD) and only require a policeman if determined necessary due to the scope of the work to be completed.  Mr. McCormack stated that from his knowledge with working for F L Merrill, that the State and larger cities are only requiring the use of certified flaggers, but a lot of municipalities are adopting similar ordinances.  Mr. Colbert stated that the ordinance says the police, if hired, will control the flow of traffic and feels this will not occur.  Statements were made by others present that if the costs to the contractors goes up, this will only increase the cost burden to the end user or the taxpayers.  Mr. DeBold stated that he felt the language of the ordinance needs to be revisited.  A letter was presented on behalf of Brandon Giuda in response to the proposed ordinances. (Attached) Mr. Colbert questioned the authority of the Road Agent to issue work stoppage orders.  All agreed that this responsibility should lie solely with the Police Chief or his designee.  Mr. Phelps shared his many years of experience working with utility companies and that if the Police Chief feels the work is putting the public at risk or the workers are not doing their job properly, all he has to do is call the company contracting the work and they will send out a Safety Officer to insure that the situation is remedied.  Mr. DeBold read a statement from Mr. Giuda’s letter….”I oppose the two proposed ordinances for four reasons: (1) I do not think there is a problem that needs to be resolved, (2) the ordinances are overly broad, (3) as a town trying to retain its rural identity, I simply don’t think these ordinances are needed, and (4) the ordinances are not well written.”  Mr. Paveglio stated that he agreed with the statements.

Chairman DeBold closed the Public Hearing on the Construction/Uniformed Police Officer ordinance.

Parking Ordinance
Chairman DeBold called the Public Hearing to order.

Arguments regarding the necessity of the ordinance were presented by the public that was present.  Specific requests for correction were the statements of how fines were collected so that the ordinance does not appear to provide a dedicated revenue stream to the Police Department.  Ms. Dahood encouraged that the Town follow precisely the mandates of the MUTCD in its signage.  It was questioned as to the authority of parking in private areas.  Deputy Chief Cole explained that the “private areas” is in respect to fire lanes etc. at private businesses and municipal buildings.  Ms. Phelps asked what situations aside from the auctions on Rte. 4/Mason Road and Carpenter Park cause a big issue the require the institution of an ordinance.  Mr. Cole explained that every private event (house parties, school events etc.) cause a problem and restrict access to responding fire and safety apparatus.

Chairman DeBold closed the Public Hearing on the Parking ordinance.

A motion was made by Mr. Paveglio and seconded by Mr. Jordan to not adopt the parking ordinance as presented.  Motion passes.

A motion was made by Mr. Paveglio and seconded by Mr. Jordan to reject the construction ordinance as presented.  Motion passes.

The Board explained that should these ordinances come back to the table for review that new public hearings would occur to receive further public input before their adoption.

Other Business

Mr. DeBold announced that the property located at Map 4 Lot 151 had been successfully sold at public auction for the price of $156,000.  This price covers the principal of the back taxes and some interest.

Mr. Paveglio reopened the discussion of the Road Agent situation by stating the Board needs to start a public campaign to change the position of the Road Agent from elected to appointed.  This way the position works for the Board under their discretion.  Mr. DeBold stated that he agrees with moving forward in this direction.  Mr. Paveglio stated that mis-truths have been told to the Board by the Road Agent and this needs to be addressed.  Mr. Jordan interjected that he was not afforded the opportunity of a phone call following the June 19, 2014, meeting to be requested to visit the highway shed.  Mr. Jordan stated this issue has come before the Board 3-5 times and needs to be addressed.  Mr. Jordan asked Mr. Plunkett directly if loads of ditching material were taken to his house. Mr. Plunkett responded, no.  Mr. Plunkett further responded stating that if the other employees of the department were asked if they took loads of ditching materials to Mr. Plunkett’s home, they would say, no.  Mr. Plunkett offered that he can present receipts for the materials that were purchased and delivered to his home.    Mr. Weir stated that he felt the Board has not done an adequate investigation regarding the integrity of statements made by the Road Agent.  The Board agreed that there have been allegations made, there are conflicting statements and that there needs to be further investigation into the matter.

Mr. Weir asked the Board if they had resolved the matter regarding his abatement and how the property will be assessed for the 2014 tax year.  Mr. Paveglio conferred with Mr. Jordan and directed Mr. Pike to subtract 50% of the difference in value, as determined by the Board and that as determined by the assessor, from each the building value and the land value.

Regarding the summer meeting schedule, a motion was made by Mr. Paveglio and seconded by Mr. Jordan to return to a weekly meeting schedule effective August 5th at 6:30pm.  Motion passes.

Being no further business, a motion was made by Mr. Paveglio and seconded by Mr. Jordan to adjourn the meeting at 8:40pm.  Motion passes.

The following documents are attached to these minutes and shall be considered part of the formal record for this meeting.
A.      Timeline of events and summary written by Chichester Selectman Mike Paveglio, dated 07/29/2014
B.      Letter from Brandon Giuda; Subject: Two Proposed Ordinances, dated 07/29/2014

Respectfully submitted,

Jamie A Pike
Not approved until signed.

________________________            _____________________________               ______________________
Richard DeBold                          Michael Paveglio                                Jeffrey C Jordan

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