Chichester Board of Selectmen
Minutes of Meeting
Tuesday, July 5, 2016
Members Present: Richard DeBold, Jeff Jordan, Tom Jameson, Jodi Pinard Town Administrator and Administrative Assistant Kristy Barnouski.
Others Present: Alan Quimby, Stephen Stock, Tom Houle, Donna Chagnon, Fred Chagnon, Alan Mayville, Tersa Paradise, Stan Brehm, Pat Testerman, Cpl. Wright, Ian Blackman, Luke Stevens, Attorney Marshall, Zach Boyajan, Gordan Pike, Darlene Pike and other members of the public.
Call to Order Mr. DeBold called the meeting to order at 6:30pm
Mr. Testerman came to speak with the Board of Selectmen regarding an incident he had with an illegal fire. He stated that he did not have a permit for his fire and wanted to apologize and say thank you to the Fire Department for their help and professionalism. He submitted a letter to the Board of Selectmen.
Mr. Stock had already submitted a bill to the Board.
The Board accepted Mr. Testerman’s apology and thanked him for coming.
Chichester Condominium Corporation-
Mr. DeBold stated that Mr. Austin came to a meeting two weeks prior disputing a rescinded agreement regarding his back taxes owed.
Mr. Austin Claimed that he had come to an agreement with the Board of Selectmen on an amount owed on his back taxes. Two weeks later at a Board of Selectmen’s meeting that he did not attend, it was rescinded and changed to a larger amount that the Board felt was fair with a 2-3 vote.
Mr. Jordan made a motion to rescind the last vote. No second was made. Motion did not pass.
Mr. Jameson stated that since he was not a part of the first two votes that he would abstain from partaking in any vote now.
Mr. DeBold stated that after reading emails between the Town Attorney Mr. Mayer and Mr. Austin’s Attorney Mr. Pellerin, he could see that they negotiated together and Mr. Pellerin even thanked Mr. Mayer for his efforts.
Mr. Austin stated that he refused to sign second agreement since he wasn’t a part of the second meeting and did not agree.
Mr. DeBold stated that the matter was brought up by Mr. Paveglio in a public meeting and Mr. Austin was not intentionally excluded.
Mr. Blackman stated that he talked to Luke Stevens before putting the gate up because he was concerned about the damage to his property. Mr. Blackman stated that it is written in the RSA that the gate has to also be closed, which has not been happening. He also stated his concern that he is not convinced that the Road goes all the way through to Mr. Stevens’s property. Mr. Blackman stated that up until 1960 it was a private road and only then made public.
Mr. Darby who is also a property owner since 1972 was also present for the meeting. Mr. Darby stated that he walked the property fifteen years ago and again yesterday and he noticed a remarkable difference. Mr. Darby noticed that his stone wall on his property had been moved and the road had been improved.
Mr. Darby asked the Board of Selectmen to clarify what vehicles are allowed on Class VI.
The Board stated that all public vehicles are allowed on the road. Only ATV’s are restricted.
Mr. Stevens stated that according to the State of NH property maps, the road does go all the way through his property.
Mr. Hall stated that he did some research and the State of NH has archives back to the 1700’s which could be useful.
Tony Blackman stated that since 1925 bars and gates have been in use under state law. Mr. Blackman was very upset and threatened legal action. He stated that people have not been respectful of the property.
Bruce Marshall, Mr. Stevens attorney stated that the according to a Supreme Court ruling you cannot put a gate to block access unless all property owners agree. Mr. Stevens has not agreed to the gate and objects to it. Mr. Marshall stated that it is illegal and is intended to discourage public use and intimidate. He stated that gates are intended for cattle to cross and the Supreme Court says that you need a reason to have the gate in place. Mr. Marshall also questioned whether or not Mr. Blackman had authority from the property owner since he had quitclaimed deeded the house to Mrs. Blackman nor did he get approval from the Board of Selectmen. Mr. Marshall stated that the illegal four wheeler use is an enforcement issue for Chief Clarke.
Ian Blackman stated that he has been married for 34 years and his wife is ok with him putting the gate up. He stated that he did get approval from Mr. Plunkett to put the gate up and he also has attorney opinion that he could put the gate up.
Mr. Jameson stated that there was no clear identifier for having the gate and he did not want to preclude use of the road.
Warden Stock stated that he believes the gate restricts the access to get in and out of the several hundred acres in that location.
Matt House stated that he rides his jeep down Davis Rd and he attested to the fact that he drives very gently and does not tear up the land. He feels the gate impedes public use. He stated that he felt if there is any damage to land he contributes it to the 400+ dirt bikes that ride through there for a charity event.
Mr. DeBold stated that he believed they had identified the problem as four wheelers illegally riding out on the properties. He suggested getting the road posted to prohibit use by ATV’s which Fish and Game have signs available for statewide use.
Mr. DeBold stated that he also had opinion from the Town attorney that stated the Selectmen regulate the Class VI roads.
Mr. Jordan believes that Mr. Blackman can have a gate up he wants one.
Mr. DeBold made a motion and Mr. Jordan seconded that the Town post signs prohibiting ATV use. Motion passes.
Ian Blackman agreed to take the gate down when the signs go up to prohibit ATV use.
58 Durgin Rd-
Gordon and Darlene Pike came before the Board to discuss the complaints made about their property and being in violation of Section 3.08 obnoxious use.
Mr. Pike stated that DES came out to his property and he has done everything that they asked of him. He also stated that he is working to clean it up the best he can.
The Board of Selectmen will revisit in a month to check on the progress.
Ms. Noel stated that the footings are in for the addition to the Library and they are moving ahead with building.
Ms. Noel also reported that there will be a presentation by Steve Taylor at the Grange Hall at 7pm on Thursday, July 21 on Poor houses and Farms open to the public and free of charge.
Short Falls Road-
A complaint was made about portions of Short Falls Road being built up which is a Class VI road. It was explained that the portion of the road was built up so that the Highway trucks can turn around.
Mr. Jameson stated that the portion of the road that was built up is very steep and may need to be addressed.
Old Home Day-
Mr. Boyajian wanted to check in about the insurance rider for Old Home Day. Mrs. Pinard will provide the committee with the proper information.
Mr. Boyajian also stated that Warden Stock gave permission for the bonfire at Carpenter Park for Old Home Day.
Food Pantry Donation
A motion was made by Mr. DeBold and seconded by Mr. Jameson pursuant to RSA 31:95-n, the Board of Selectmen shall accept and authorize the expenditure of unanticipated funds in the amount of $100.00 received from Holmes Carpet to support the Food Pantry. It shall be the responsibility of the Town of Chichester to maintain accurate record of all funds, detailing their expenditures, and that such records shall be made available upon request. Motion Passes
Non-Public Session – RSA 91-A: 3 II (e) Consideration or negotiation of pending claims or litigation which has been threatened in writing or filed against the public body or any subdivision thereof, or against any member thereof because of his or her membership in such public body, until claim or litigation has been fully adjudicated or otherwise settled.
A motion was made by Mr. DeBold and seconded by Mr. Jameson to enter into non-public session under RSA 91-A: 3 II (e). DeBold Aye, Jameson Aye, Jordan Aye. Motion Passes.
A motion was made by Mr. DeBold and seconded by Mr. Jameson to exit non-public session DeBold Aye, Jameson Aye, Jordan Aye. Motion Passes
A motion was made by Mr. DeBold and seconded by Mr. Jameson to seal the non-public meeting minutes indefinitely. DeBold Aye, Jameson Aye, Jordan Aye. Motion Passes
Being no further discussion, a motion was made by Mr. DeBold and seconded by Mr. Jameson to adjourn the meeting at 8:29pm. Motion passes
Not approved until signed
Kristy Barnouski, Administrative Assistant
Richard DeBold Jeffrey Jordan