Chichester Board of Selectmen
August 29, 2006
MEMBERS PRESENT: Chairman MacCleery, Selectman Colbert, Selectman DeBold and Administrative Assistant Lisa Stevens.
Chairman MacCleery opened the meeting at 7:00pm.
SUBJECT: Planning Board vacancy
PRESENT: Dayle “Dusty” Johnson
The Board invited Mrs. Johnson to this meeting to discuss the vacancy on the Planning Board. This is an alternate position. Selectman DeBold explained the duties and functions of the Planning Board. Mrs. Johnson expressed an interest in volunteering in her community and asked what the commitment involved beyond one Thursday night meeting per month. She is an active volunteer with the Chichester School PTO and has attended school and town meeting in the past.
SUBJECT: Budget Committee
PRESENT: John Martell
The Selectmen have drafted budget guidelines to be distributed with the budget schedule and have asked the budget committee for their input. Committee member Bruce Dyke, who was not able to attend, forwarded his comments to share with the Board. Mr. Martell hopes the process will go smoother than last year with fewer revisions. The Board directed Lisa to check with the budget committee members not in attendance for their feedback. A final decision on the guidelines will be made next week.
GENERAL BUSINESS/BOARD DISCUSSION:
The Board reviewed the research Lisa provided regarding the town’s liability to pay for damages to Mr. David Marsh’s personal property.
According to RSA 231:92 Liability to Municipalities; Standard of Care (1) – A municipality shall not be held liable for damages in an action to recover personal injury or property damage arising out of its construction, maintenance, or repair of public highways and sidewalks constructed thereupon unless such injury or damage was caused by an insufficiency, as defined by RSA 231:90, and:
(a) The municipality received written notice of such insufficiency as set forth in RSA 231:90, but failed to act as provided by RSA 231:91.
August 29, 2006
No notice of an insufficiency was given to the Selectmen. The work performed was part of road maintenance and no negligence was apparent on the part of the highway department. The Road Agent informed the Selectmen that the highway crew raked the road every night upon completion of the work performed to prevent injuries to person or property. This is unfortunate what has occurred but the Board’s unanimous opinion based upon the interpretation of the above referenced RSA’s, is that the town is not liable for the damages incurred to Mr. Marsh’s vehicle. The Board directed Lisa to prepare a letter for Mr. Marsh and have ready for signatures next week.
Lisa reported to the Board her findings regarding the State minimum level required for General Liability coverage for snowplowing contractors is $350,000.
Lisa also discussed further research into the workers compensation audit reports performed every year on the town has led to the discovery that the Town of Chichester has been assuming the responsibility for contractors all along. Costs are broken down into risk categories and calculated on gross amount of payroll. As long as there is not a large increase in the number of contractors, the town should not see a large spike in the premium. The Board of Selectmen must decide whether to continue this way or establish policy to require contractors to carry their own workers compensation.
The Board reviewed a letter from the Building Inspector, Mr. David Paveglio, in regards to his inspection of the property located at 35 Connemara Drive, for an alleged zoning violation. Mr. Paveglio determined the finished area in the basement to be that of an in-law apartment with no exterior ingress or egress. The current homeowner purchased the home this way and has not used; nor intends to use it as a two family dwelling. The home is on the market and being advertised as a two family. Mr. Paveglio informed the homeowner they would need to seek a variance from the Board of Adjustment to use this dwelling as a two family. The Selectmen concurred with Mr. Paveglio’s findings that at this time, no zoning violation exists. Lisa will send a letter to the homeowner.
Further information gathered regarding the alleged zoning violation at 123 Hutchinson Road was reviewed and discussed at length. The Board had requested the Town’s Assessor clarify notes regarding his review of the property. An interior visit of the buildings on the property was not performed therefore all information gathered was estimated based on data collected and the assessor’s field experience. Requests to the homeowner to allow the town assessor or a Department of Revenue representative on the property have been refused. The Board of Selectmen instructed Lisa to contact Town Counsel to seek a court remedy.
August 29, 2006
Selectman DeBold updated the Board on his discussion with well contractor David Kelso regarding a quote to pound a well for the library. His costs are higher than contractor Elwin Carleton, who was also solicited for a quote on a pounded well.
Selectman DeBold met with Mr. Carleton at the library and discussed the project in detail. The Board of Selectmen gives their approval to the Library Trustees to install a well on the library lot and further recommends the Trustees contract for a pounded well with Elwin Carleton. Selectman DeBold will notify the Trustees of this decision so they may move forward with the project.
The Board signed a Timber Tax Levy on Map 6, Lot 9-32; Ellis.
The MS -1; Summary of Property Valuation was signed. This along with the MS-4; Revised Estimated Revenues will be forwarded to the Department of Revenue as required to establish the new tax rate.
The Moose Plate Grant Application prepared by the Town Clerk for the purpose of continued restoration of the historical town records was signed.
The registry has returned the Quitclaim deed from the Town to Mr. Jay Baas for clarification of the property location before it can be recorded. The corrective deed was signed this evening. Lisa will forward to the registry.
The Board approved a request to hold a yard sale at Carpenter Park provided the cars did not impede the traffic flow by parking along Rte 28 or Bear Hill Road; the yard sale is setup in the parking lot and the Chichester Youth Association is contacted to be sure there are no conflicts with use.
The Chichester Youth Association held a meeting last evening in the grange hall and was accidentally charged a user fee. Motion Selectman DeBold and seconded by Chairman MacCleery to waive the user fee charged to the Chichester Youth Association, a town organization, for use of the grange hall to conduct a business meeting. All were in favor. Motion carries. Selectman DeBold had attended that meeting and informed the Board on the topics discussed. The CYA has solicited donations of material and labor to make some repairs to the snack shack. They are seeking permission from the Board of Selectmen to make these improvements on this town owned building. There will be no cost to the town for these improvements which include, new flooring, siding and cabinets. The town is
not required to obtain a building permit. The Board of Selectmen gives approval for these improvements provided all workers sign a volunteer form with the town office before any work is started.
August 29, 2006
Correspondence was received from Mr. & Mrs. David Morse regarding the ditching work on Bailey Road. The Board directed Lisa to schedule a meeting for next week and ask the Road Agent to look into the issue.
Selectman DeBold notified the other Board members that the Road Advisory Committee met last week and reviewed some of the highway department’s roadwork. The committee will meet again on September 6, 2006. The committee’s goal is develop a long range road plan.
Chairman MacCleery received an inquiry from Historical Society member, Bernie Reinhardt, as to whether or not the installation of railings would be an included expense as part of the retaining wall project taking place at Thunder Bridge. The Board reviewed warrant article # 14 approved at the 2006 town meeting and concluded they would be. Also mentioned to Chairman MacCleery was the need to correct the flow of water away from the Parish Hall and Historical Society Building. The society has received quotes to cut down a tree they feel is causing much of the problem. This issue has been brought to the Boards attention during the last meeting with department heads and the Selectmen have directed the Road Agent and the Fire Chief to look into solutions to this problem and report back to the Board.
The minutes of August 22, 2006 were approved as corrected. The changes are to;
Pg 1; BI – 1st line insert the name Karl before Merrill; pg 2,HYW-1st paragraph, remove the 3rd sentence; 2nd paragraph insert the word Road after the word Mills, add the wording over Sanborn Brook after the word project; delete the third sentence of that paragraph; pg 3,2nd paragraph correct the name Corbett not Colbert.
Payroll and accounts payable were signed.
Being no further business, the Chairman adjourned the meeting at 10:08pm.
Stephen MacCleery, Chairman
______________________________ APPROVED AS WRITTEN