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BOS Minutes September 20,2005
Chichester Board of Selectmen
September 20, 2005

Present:  Chairman DeBold, Selectman MacCleery Selectman Colbert, and Patty Wooster, Administrative Assistant.  Chairman DeBold opened the meeting at 7:03M

SUBJECT: General Business

HIGHLIGHTS:  The Board of Selectmen reviewed and signed an amended MS-1.  A mathematical error (computer generated) was found by the Department of Revenue on the original September 1st submission.  The Selectmen signed the revised MS-1 and Patty will send it back to the Department of Revenue.

The Board of Selectmen discussed the Planning Board’s newly proposed amendment to the Wetlands Zoning Ordinance.  Questioned was what does the Town use until the new amendment is either approved or disapproved by the Town at the Town Meeting in March. Selectman MacCleery believes the Town should continue to use the existing more stringent zoning.  Chairman DeBold said he spoke to Attorney Susan Slack at the Local Government Center and it is her opinion that the newly Proposed Amended Wetlands Zoning as adopted at the Public Hearing on September 2, 2005 by the Planning Board should be used.  It was decided by the Board of Selectmen that a memo be sent to the Planning Board requiring them to contact the Town Attorney to obtain an official ruling on which zoning to apply to new applications.

Patty asked the Board of Selectmen about the Capital Improvement Plan (“CIP”).  She stated that she has not heard from the Planning Board when the CIP was due.  The Board asked Patty to include in the above memo to the Planning Board a request to update the CIP, which must be done on a yearly basis.

Patty asked the Board of Selectmen if at the request of Police Chief Patrick Clarke she could add a new budget line item for “new hires”.  The Board of Selectmen would like Chief Clark to present this idea at the next Department Head Meeting.

Patty brought to the attention of the Board of Selectmen that Police Chief Patrick Clarke turned in a “receipt” from Staples and requested that Erin pay from the “receipt” instead of the statement.  

Chairman DeBold suggested that the Board of Selectmen request that the Chairman of the Planning Board, Mr. Tracy Scott come in on October 4, 2005 Selectmen’s meeting to discuss the issues raised by Mr. Brandon Guida at the Selectmen’s meeting of September 6, 2005; concerning the Planning Board using more than one standard depending on who was in front of the Planning Board.  The Selectmen agreed and Mr. Scott will be requested to attend the October 4, 2005 Board of Selectmen Meeting.  Patty was asked to send Mr. Scott a memo.

Patty told the Board of Selectmen that she could not find minutes from the Board of Adjustment from 1977-1978 regarding a variance given to Dexter Shoes (now Super Shoes) regarding their signage.  Patty said she asked the Board of Adjustment secretary, Holly MacCleery and she was unable to locate the minutes.  Also, Patty said she called Mr. Doug Hall and asked him if he had a copy of the minutes since he was the Chairman of the Board of Adjustment at the time.  Mr. Hall did not have a copy of the minutes from 1977 or 1978.

Chairman DeBold reported to Selectmen MacCleery and Colbert that he had gone to court with Attorney Tim Britain regarding the Fournier Trailer.  The Judge signed a Proposed Order stipulating that the Defendant, pending further hearing is enjoined from:

A.      Interfering from the contractual relationship between the Plaintiff and her tenant;
B.      Tacking any action which affects the status quo pending adjudication; and
C.      Assessing or enforcing any administrative order, fine, penalty or forfeiture against the Plaintiff and her tenant pending adjudication.

Attorney Britain will be representing the Town of Chichester at a Structuring Conference scheduled for October 24, 2005 at 1:15PM on this matter.

Chairman DeBold reported that he had met with Mr. Gallagher at the Department of Environmental Services (“DES”) regarding the Administrative Order handed down to the Town regarding the dam at Marsh Pond.  In Administrative Order No. WD 05-022 it stated that if the Town of Chichester elected to remove its portion of the dam that the Town had to retain the services of a Professional Engineer to investigate the removal of the dam.  Chairman DeBold did some research and discovered that under DES’ Code of Administrative Rules ENV-WR 302.05(b) does not require a Professional Engineer to prepare the proposal for a controlled breach.  Mr. Gallagher agreed with Chairman DeBold and stated that he would send a letter to the Town advising the Town that it will not be necessary to retain a Professional Engineer.

Selectman MacCleery stated that he had spoken to Ms. Winnie Bartlett who owns property in Chichester and Epsom.  She told Selectman MacCleery that Epsom’s portion of property was being assessed and he wanted to know if Chichester could assess her property at the same time.  Selectman MacCleery asked Patty if she could call our assessor and find out if the property could be assessed.

The Board signed payroll and accounts payable.  

Legal correspondence, mail and e-mail were reviewed.  

The Minutes from September 13, 2005 were reviewed and approved.

Being no further business, Chairman DeBold adjourned the meeting at 8:30pm.
Respectfully submitted,

Patty Wooster
Administrative Assistant

Chairman Richard DeBold

Stephen MacCleery  

David Colbert


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