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Selectmen Minutes 10/25/2005
Chichester Board of Selectmen
SELECTMEN’S MINUTES  
October 25, 2005

Present:  Chairman DeBold, Selectman MacCleery, Selectman Colbert, and Patty Wooster, Administrative Assistant.  Chairman DeBold opened the meeting at 7:00PM

SUBJECT: Building Inspector

HIGHLIGHTS:  The Building Inspector, Mr. David Paveglio reported that he received a telephone call from a person who was interested in purchasing the old window place located on Route 4.  She asked Mr. Paveglio if she needed to install a septic system.  He told her he thought she did.  Mr. Paveglio told her that he would be meeting with the Selectmen on Tuesday and would ask the Selectmen.  She told Mr. Paveglio that she wanted to open an antique shop.  She said the shop would only be opened approximately 4-5 hours a day and asked if she could have a port-a-john in the back.  The Board of Selectmen informed Mr. Paveglio that she could not have a port-a-john and she must install a septic system.  Mr. Paveglio stated that he would contact her and tell her she must install a septic system as required by the previously approved site plan for the previous business. Selectmen Colbert stated they would need to go back to the Planning Board for site review.

Mr. Paveglio stated that all the building permits for 2006 have been taken and that there is one person on the list for 2007.  Mr. Paveglio stated that he met with Mr. James Mullaney and Mr. Mullaney provided Mr. Paveglio with map and lot numbers and said that he had agreements for these lots.  Mr. Mullaney also informed Mr. Paveglio that he would like wait to “punch” through the cul de sac joining Phase I and Phase II.  Mr. Mullaney stated that he promised the residents of Phase I that he would wait until Phase II was complete so he would not disrupt the residents of Phase I.  Fire Chief Mike Paveglio stated that there was a problem with the cistern and he was working with Mr. Mullaney’s contractor to rectify the problem.

Selectman Colbert asked Mr. Paveglio if he had a chance to take a look at the project on Center Road.  Mr. Paveglio stated that he did and the reason there is such a gap between the two foundations is that the owners are putting a garage in the center of the foundations.

SUBJECT:  Fire Department

HIGHLIGHTS:  Fire Chief Mike Paveglio asked what the Board of Selectmen wanted to do with the tanker that is sitting outside the Safety Building.  Chief Paveglio stated he was most likely not going to purchase another tanker.  He said there was no need; he said that he can use tankers from surrounding towns.  He stated Chichester provides surrounding towns with the heavy rescue truck.  Chief Paveglio said that he would like to replace Engine 2 in a few years.  He asked the Road Agent, Mr. David Kenneally if he wanted the tanker truck.  Mr. Kenneally said all he needed was a good portable pump.  Chief Paveglio stated that he had a pump that he would give the Highway Department to use for cleaning out culverts.

Selectman MacCleery asked if the tanker could be outfitted for a plow and sander.  Mr. Kenneally thought that would be a good idea.  He said that he would be unable to get the truck outfitted this year, but would put in his budget for next year.  Chief Paveglio stated that he would get rid of the equipment that Mr. Kenneally does not need to convert the tanker truck into a plow.  Police Chief Clarke stated that the tanker could use some mechanical work such as headers and manifold.  

Chief Paveglio stated that to date the Fire/Rescue Department had answered 490 calls.  Year ending 2004 they answered 400 calls.

SUBJECT: Highway Department

HIGHLIGHTS:  Road Agent David Kenneally stated that he has not caught up on grading the roads.  He stated that he would get a road graded and then it would rain and wash out again.  He reported that Martel Road was underwater.  He stated that there were culverts that needed to be replaced.  Selectman DeBold asked Mr. Kenneally about the cones that were in the road on Canterbury Road.  Mr. Kenneally stated there is a huge hole in the road and the cones were placed there so people would not drive into the hole.  
Selectmen Colbert asked if road barricades would work better to warn traffic.

Mr. Kenneally went over his memo to the Selectmen regarding Malachy Glen II subdivision and the report from the Town Engineer.  Mr. Mullaney who is the owner of Malachy Glen asked the Town Engineer to release some money off the bond so he could pay the contractor.  The Town Engineer, Mr. Bill Rollins sent the Selectmen a letter with a breakdown of what work was partially completed and where money could be released from the bond.  Mr. Kenneally did not entirely agree with Mr. Rollins letter.  Mr. Kenneally said that he contacted Mr. Rollins to discuss the differences.  Mr. Kenneally does not agree that one third of the embankments is ready for loam. He does not agree that the pitch in the road is satisfactory nor the use of two gravels.  He stated the Bailey Road is not ready for finish gravel and Kerry Road has no gravel on it.  He strongly advised the Selectmen not to release any portion of the bond pending further review and inspection with the Town Engineer.  Selectmen MacCleery stated that what should be happening is the Road Agent and Town Engineer should be inspecting together.  Mr. Kenneally was in full agreement.  Chairman DeBold will be contacting the Town Engineer and will do a walk around Mallachy Glen II project.   Mr. Kenneally told the Board of Selectmen that he did not have a set of road plans for this project.  Patty stated that she asked the Planning Board Secretary, Ms. Andrea Deachman if she could give her a set of plans for the roads.  Ms. Deachman did give Patty a set of road plans, who in turn gave them to Mr. Kenneally.  After review Mr. Kenneally told Patty that these plans were old and not correct.  Patty asked Ms. Deachman if she had other road plans for this project and Ms. Deachman said that she would look, but Mr. Rollins definitely has a set of plans.  Selectman MacCleery stated that Mr. Kenneally should have a set of plans and there should be a set in the office so folks have access to them.

Fire Chief Mike Paveglio asked if the street name “Kerry” was written in stone.  Chairman DeBold said he did not think it was and questioned Chief Paveglio why he asked.  Chief Paveglio stated that he did not think that “911” would accept the road name because it was too close sounding like “Kaime” Road and “Kara” Drive.  He said the name “Kerry” Road could become a public safety issue.

Selectman Colbert asked Mr. Kenneally if he had been in contact with Mr. Pullen on Connemara Drive.  Mr. Kenneally stated that he was going to work on the ditch this Wednesday or Thursday.

Selectman MacCleery asked Mr. Kenneally if had gotten snow plow bids out.  Mr. Kenneally said he had not.  Selectman MacCleery stated he would like to see all the bids.

Selectman MacCleery had asked about Carol Raymond being trained in the town truck during working hours.  Mr. Kenneally said a lot of companies give on the job training.  He stated that Ms. Raymond was bettering herself and the town will benefit.  Mr. Kenneally stated that he did not stop work so Ms. Raymond could be trained.  He said he allows Ms. Raymond to drive when they need to pick-up supplies, that she drives when errands needed to be done.  Police Chief Patrick Clarke said he thought it was no different than when he has a new officer and he is driving them around town, he said this is on the job training.  Selectman Colbert said that Chief Clarke’s statement had some merit.  He said people don’t learn unless they are trained.  Chairman DeBold said he was on the fence.  He said that Selectman MacCleery and Selectman Colbert had good points.  Selectmen DeBold said that this issue, needs further review, would be discussed by the Board at a later date, and they shall issue a policy.

Selectman MacCleery asked Mr. Kenneally if the rock rake is used a lot.  He said he did not think having the rock rake on the truck all the time was good for the front end of the truck.  Mr. Kenneally stated that the rock rake was used quite a bit and that it did not weigh all that much.

Mr. Kenneally reported to the Selectmen that he received a telephone call from the school asking him if he would be interested in repairing a huge culvert that had collapsed behind the school.  Mr. Kenneally had to decline as he is too busy with road work.  He said that will be a big project and advised that they put bids out for someone to take care of it.

SUBJECT: Emergency Management

HIGHLIGHTS:  Mr. John Martell reported that he had been in contact with the State Emergency Management regarding the road damage that was done during the recent rainstorms.  He reported to the Selectmen that Merrimack County was considered a disaster area and FEMA will be granting money for repairs and replacements.  He also reported that the Pittsfield dam was reported to be very close to breeching and that the water was approximately 6 inches away from the top of the bridge on Route 28.  

SUBJECT: Police Department

HIGHLIGHTS:  Chief Patrick Clarke reported that he has seen a lot of tracks on the “Booth” property on Hilliard Road.  He said that he drove down the property and noticed a tent set up, a fire pit and lots of beer cans.  He said he has not seen anyone down there.

Chief Clarke reported that the Town has received the speed trailer and he was going to start using it.  He said that Diamond Signs did a nice job lettering the trailer with Epsom, Pittsfield and Chichester police seals with the town name above it.  He also stated that Phillips Auto had donated some money to the Police Department for the purchase of the trailer.

Chief Clarke reported that Officer Josh Wright was finished with the part time police academy and he would be graduating from the Academy on November 5, 2005.  CONGRATULATIONS JOSH!  Chief Clarke reported that Officer Wright can be on his own but does not want to leave him without someone in Town.

SUBJECT: Tracy Scott and the Planning Board

HIGHLIGHTS:  Present from the Planning Board was Mr. Tracy Scott, Mr. Mike Paveglio, Mrs. Joanna McIntosh, Mr. Stan Brehm, Ms. Andrea Deachman, Mr. Skip Lawrence, Mr. Mike Stamowlaros, Mr. Tom Jameson and Mr. Brad Towle.  Mr. Brandon Giuda was also in attendance.

BACKGROUND:  On September 6, 2005, Mr. Brandon Giuda met with the Board of Selectmen to make a formal complaint against the Planning Board.  Mr. Giuda had attended the Planning Board’s meeting that was held on September 1, 2005.  A couple who resides in a modular home that is located on a relative’s property under Article III Section 3c (elderly housing) came before the Planning Board asking for a Home Occupation permit. According to Mr. Giuda, he felt that the Chairman of the Planning Board, Mr. Tracy Scott had acted inappropriately when he eliminated a discussion regarding the use of the word “solely” as applied in Article III Section 3c.  

Mr. Giuda comes to the Board of Selectmen with two issues concerning the Planning Board:

¨       The Planning Board having more than one standard depending on who the people are; and
¨       Ordinances being applied in less than a uniform matter, specifically the word “solely” in Article III Section 3c

Chairman DeBold said that he received an e-mail from Mr. Giuda.  Chairman DeBold read a line from the e-mail that was sent to him by Mr. Giuda: Seems to me at the PB tonight that there may be more than one standard being used, depending on who the people are.  Mr. Giuda went on to clarify what he meant by that statement.  Chairman DeBold read from Mr. Giuda’s e-mail: However, there is no question in my mind that different approaches are being used by some individuals on the PB depending on who is in front of the Board.

The second issue was the intention of the word “solely” being used in Article III Section 3c.  Mr. Giuda read Article II Section 3 c: More permanent use of a house trailer or mobile home to an existing residence as a temporary accessory solely for the purpose of elderly housing for relations, permitted during life of occupant and thereafter removed…Mr. Giuda thought the intent of the elderly housing was for the sick and frail.  Chairman DeBold said that he does not know what the intent of the Article was.  The discussion that took place at the Planning Board was how the word “solely” is meant, is it meant that the temporary housing be used “solely” as a residence or “solely” for elderly relations.

The couple that came before the Planning Board stated that they wanted to have a home occupation in the basement of their modular home and they have two employees.  The couple also stated that they are away for three to four months every year and that their two employees continue to work at the residence.  Apparently this information was voluntarily given to the Planning Board.  Mr. Giuda stated that the business can not be run by a distance.  Ms. Andrea Deachman said that the Planning Board never asks if a person is on the premises 365 days a year.  Mr. Giuda said that the question should be asked; he suggested that the Planning Board look at the State’s definition of “home occupation”. Mr. Giuda stated when the conversation appeared to be turning away from a favorable vote for the couple, that Mr. Scott incorrectly terminated the conversation and that Mr. Scott “pushed” for the home occupancy.  Mr. Giuda feels that the home occupation was granted incorrectly and that the couple should have to go before the Board of Adjustment.

On October 4, 2005 Mr. Tracy Scott met with the Board of Selectmen regarding statements that were made by Mr. Brandon Giuda at the Selectmen’s September 6, 2005 meeting.  At this meeting Mr. Giuda was in attendance.  Mr. Scott said he thought he was meeting with the Board of Selectmen alone.  He said he did not want to discuss this matter in public.  Chairman DeBold stated that he was not sure if he could call a non-public meeting.  Based on the Right to Know Law RSA 91-A:3-II Non –public sessions Chairman DeBold believed that the meeting had to be public since Mr. Guida had previously raised his concerns in a public meeting. He asked Patty to contact the Town Attorney and ask him if the meeting with Mr. Scott can be a non-public session.  Mr. Scott stated that when the Board of Selectmen get an answer to let him know.  Mr. Scott stated that he was a facilitator of an eight member board.

MEETING OCTOBER 25, 2005:  Chairman DeBold stated that after speaking to the Town Attorney, it was the attorneys opinion that the Town should not go into private session since Mr. Giuda had started the conversation about what he observed at the Planning Board Meeting on September 1, 2005 at a public meeting. Mr. Guida said that he will not represent anyone in front of the Chichester Planning Board as at times the Planning Board does not always give correct information to the public.  Mr. Scott said he did not agree with Mr. Giuda’s previous or current statements.  He said sometimes it’s hard to treat people the same, especially if the people come to the Planning Board with an attitude.  He said that it is hard to be nice sometimes when people are yelling at you or trying to belittle you.  Mr. Giuda agreed with that statement.  Mr. Scott stated that some people do not follow the directions of the Planning Board.  He stated that they follow what their surveyor tells them.  He said sometimes it is not until the 3rd meeting that people have completed what was asked of them from the Planning Board.

Mr. Scott stated that the couple that came before the Planning Board on September 1, 2005 were seeking a home occupation permit.  Mr. Scott stated that the case was discussed at great length and that there were five (5) points that needed to be addressed to see if the couple qualified for the permit.  Mr. Scott said that all five (5) points were met and the permit was issued to them.  He said that they were not treated any differently then anyone else.  Mr. Giuda stated that he thought Mr. Brehm should have recused himself from this particular situation since Mr. Brehm had a personal connection with them.  Mr. Brehm used to be their landlord.  Mr. Brehm stated that did not have to recuse himself and was surprised when this was mentioned.  Mr. Brehm said that he in no way influenced the vote.

Ms. Deachman stated that she thought sometimes people were treated different, because when you have a professional come before the Board, i.e. surveyor, they instinctively know what should be done and how.  When laypeople come before the Board they need more guidance.  Ms. Deachman and Mr. Brehm agreed that a lot of hand holding goes on and maybe the Board should stop doing that.  Mr. Giuda said that this Planning Board was better than a lot of other towns, that this Board does offer a lot of extra guidance.

Chairman DeBold said that Mr. Giuda’s accusation was a serious charge, “applying more than one standard”.  Mr. Giuda stated that he stood by this charge.  With respect to Mr. Giuda stating that he felt the discussion on word “solely” was cut off, Mr. Towle stated that may have been the appearance but this was the second meeting the couple had with the Planning Board and at the first meeting it was discussed in great length.

Chairman DeBold said that in his opinion this has been a good open conversation. It has given all involved a chance to do some self examination on how applicants are handled when they appear before the Planning Board and an opportunity for the Planning Board to improve upon its procedures.

SUBJECT:  General Business

HIGHLIGHTS:  Mr. Brehm stated that he was not happy with the way the Town Engineer was assisting the Town.  He said something needs to be done.  He feels, as does the rest of the Planning Board, that the Town Engineer is not looking out for the best interest of the Town.  Mr. Brehm stated that the Planning Board had sat down with the Town Engineer to discuss these issues.

Chairman DeBold spoke to Ms. Deachman about a person claiming that he had not received a return telephone call from Ms. Deachman.  The call was in reference to a question regarding property needing to be contiguous to meet the 200 foot frontage.  Ms. Deachman said that she had spoke to this person after she spoke to the Town Attorney.  Chairman DeBold asked Ms. Deachman why this was not the Planning Board Agenda.  Ms. Deachman responded that she had sent an e-mail to all the members of the Planning Board.  Chairman DeBold stated that he would like the issue to appear in the Planning Board minutes and asked that it be placed on the Planning Board Agenda for November 3, 2005.

Chairman DeBold asked Ms. Deachman about not returning telephone calls.  Ms. Deachman stated sometimes people do not leave a return telephone number.  She stated that she checks voicemail every night for messages.

Chairman DeBold stated that he would call the Lighting Committee and invite them to a Selectmen’s Meeting regarding the recent letter that was sent by the Department of Transportation regarding light glare on Route 4.

Chairman DeBold stated that he spoke with the Town Attorney, Mr. Bart Mayer regarding Mr. Joseph Austin’s By-Laws for his proposed 55 and older community.  Mr. Mayer told Chairman DeBold that he had spoken to Mr. Austin’s attorney and the Attorney’s General’s Office.  Mr. Mayer told Chairman DeBold that the issue with the By-Laws is taken care of.

Briefly discussed by the Selectmen were the budget and the amount of cost to repair the roads after the torrential rains.  The Road Agent, Mr. David Kenneally stated he thought the cost would approximately be $20,000.00. Patty spoke with the Department of Revenue (“DRA”) and asked them how to go about getting “emergency” funds.  Ms. Sandra Rourke of the DRA and she advised Patty that the Town had to find money in the current budget and hold a public hearing.  If the money was not in budget, the Town would have to write a letter to the DRA and ask for “emergency” funds.  

The Board signed payroll and accounts payable.  

Legal correspondence, mail and e-mail were reviewed.  

The Minutes from October 18, 2005 were reviewed and approved.

Being no further business, Chairman DeBold adjourned the meeting at 11:20pm.

Respectfully submitted,

Patty Wooster
Administrative Assistant


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Chairman Richard DeBold
        


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Stephen MacCleery  


                                                
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David Colbert


                                                





 






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