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Selectmen Minutes 09/11/2007
Chichester Board of Selectmen
September 11, 2007                                                                                                                                                                                                                                                                                

MEMBERS PRESENT:  Chairman Colbert, Selectman MacCleery and Administrator Lisa Stevens.  Selectman DeBold was excused.

Chairman Colbert opened the meeting at 7:00pm.

SUBJECT: Department Heads  
PRESENT: David Kenneally, Road Agent; Patrick Clarke, Police Chief; John Martell, Emergency Management Director; David Paveglio, Building Inspector; Gil Vien, Fire Chief; John Uitts, Deputy Fire Chief; Carolee Davison, Treasurer  

T – Carolee reported the railing at the library has been repaired.  There is still a hole at the end of the handicap ramp that needs to be filled.  Mr. Kenneally stated he would have it taken care of.

BI – Mr. Paveglio apprised the Board of a letter he has received regarding new building codes required for modular homes.  These new requirements will need to be adopted by the Town as well.  Mr. Paveglio has spoken to Bob Farley from the State Fire Marshall’s office for assistance with the implementation and interpretation of these new guidelines.  Mr. Farley has offered to meet with the Selectmen and the Building Inspector on this matter.  The Board directed Lisa to schedule Mr. Farley for the next department head meeting.   

Mr. Paveglio has received a request from Chucksters for a letter certifying their building located on Bailey Road, is earthquake proof.  No Town Official is qualified to make that determination.   

In regards to the impact fee refund request from Coffey, the Selectmen directed Lisa to write a letter of response.  The Building Inspector was acting as authorized at the time and collected impact fees from everyone at the time he issued their building permits.

PD – Chief Clarke had nothing to report this evening.  The two used four-wheelers have been purchased utilizing some of the surplus revenue in the Police Special Details Revolving Fund.    

FD – Chief Vien submitted an additional quote received for a new twelve (12) lead defibrillator.  The cost difference is very minimal.  No decision was made this evening due to the absence of Selectman DeBold.

Deputy Chief Uitts submitted further work on the department’s rules and regulations manual.  The Board has not reviewed thoroughly and discussed at this point, nor has any response been received from the town attorney’s review.

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HYW – Mr. Kenneally submitted the costs for the concrete work to be done on the proposed sander rack.  No decision was made this evening due to the absence of Selectman DeBold.

Work on Center Road is progressing.  The footings for the large culvert (com-span) are in.

Mr. Kenneally voiced his concerns not only as the Road Agent but also as an alternate on the Planning Board relative to the Planning Board’s discussion over accepting or not accepting the recommendations’ in the report from the Town’s Engineer  of their review of the Giuda and Merrill subdivision proposals.  Mr. Kenneally stated, those recommendations were determined by the engineers following the town’s subdivision regulations and zoning ordinances, we should not deviate from them.  Mr. Giuda is disputing the necessity of producing road profiles.  Mr. Kenneally stated we should not be disputing that if that is what is required per our regulations.  Mr. Giuda has requested a meeting between his engineer and the town’s engineer without the Planning Board.  

A discussion took place regarding what procedure or process does the Town/Planning Board; wish to direct the engineering firm to follow.  Does the Planning Board want the engineers to meet directly?  Does the Planning Board want to participate in that meeting or receive follow-up from the engineer.  There is a need for this information and related correspondence to be expedited and discussed by the Planning Board in between meetings. The Giuda and Merrill proposals are large and a lot of information for review is going back and forth between town counsel, engineers and the developers. Mr. Brad Towle, Chairman of the Planning Board, had arrived at the meeting to participate in the discussion with Central NH Regional Planning, and was part of this discussion.  Mr. Towle directed Lisa to schedule a meeting between the developers and the Town’s engineers at which Mr. Towle will attend.     

The Selectmen directed Lisa to schedule a meeting with the Planning Board to discuss any outstanding items or concerns and the unanswered questions surrounding the right of way at the end of the cul de sac on Perry Brook Road, relative to the Giuda and Merrill subdivision proposals.  

SUBJECT: Review of Services – Central NH Regional Planning Commission  
PRESENT: Sharon Wason, Director
Ms. Wason met with the Selectmen to give an overview of the services currently provided to the Town and also those additional services offered by the commission.  The staffing has increased and the commission is now offering circuit riders to several communities on a part-time basis.  The costs are charged back to the developers.  

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Ms. Wason asked for a letter of financial support from the Selectmen regarding the Brownfield’s initiative to locate and report contaminated sites through out the State.

Ms. Wason also pointed out the annul dues have not increased; the commission has not raised the per capita rate in which the dues are calculated.

As a result of the I-93 widening project, the commission has aerial photos of the Town of Chichester in digital format taken by the NH Department of Transportation.

Finally, the commission is available on a limited basis for technical assistance to the new Planning Assistant Mr. Pike.


Mr. Giuda arrived at the meeting and asked to speak to the Board regarding his concerns for actions taken by the Chairman of the Conservation Commission in regards to letters written to the NH Department of Environmental Services regarding the Giuda & Merrill Wetland Applications.  

Mr. Giuda cited a letter dated April 30, 2007, relative to Phase II of the Wetlands Study being conducted.  Mr. Giuda stated there is no authorization in the minutes of the Conservation Commission authorizing Mr. Mann to write such a letter.

Next Mr. Giuda cited two letters he has received as courtesy copies from NHDES, written by Mr. Mann on behalf of the Chichester Conservation Commission. Again, Mr. Giuda stated, no authorization to write these letters was recorded in the commission’s minutes or even if the commission had reviewed them prior to sending to the State.  
Mr. Giuda and Mr. Merrill along with their wetlands expert, met with the commission and the concerns stated in the second letter were not brought up at that meeting.  

Mr. Giuda who spoke on behalf of Mr. Frank Merrill as well, stated the information contained in the second letter to NHDES is not true, it is improper to send correspondence to State agencies without copying the applicant, it shows poor judgment on the commission and finally that even the Selectmen’s Office did not have copies on file of the correspondence sent from a recognized Town organization.    

Mr. Mann had arrived to pick up the commissions mail and joined the meeting.  Mr. Giuda asked Mr. Mann to show him where on the plan he got this information; if he could not substantiate his comments, Mr. Giuda wanted a letter of retraction from the Conservation Commission.  Mr. Mann made no comment and left the meeting.

Mr. Giuda again stated to the Selectmen, he wanted the facts supporting that letter or he wanted a letter of retraction to him and Frank Merrill from the Conservation Commission.

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Mr. Giuda forwarded to the Board, copies of the studies cited by Mr. Paul Adams regarding the impact of 55+ elderly developments. Mr. Giuda stated he appreciated Mr. Adams providing the town with the references to research the impacts of this type of development.   Mr. Giuda pointed out statements made within the reports citing this type of development did not have a negative impact on a community.  Mr. Giuda also submitted a breakdown he had compiled on the tax impact to the community upon completion of the development.  Selectman MacCleery pointed out the figures were computed using the entire tax rate.  The County and State education portions do not remain with the town and should not be figured in.  Mr. Giuda will revise his handout.  

Finally Mr. Giuda supplied the Board with a copy of an impact fee schedule for the development, proposed by himself and Mr. Merrill.  The fees proposed include additional monies for the 55+ units for the road impact fee and a re-allocation on the unrestricted age units from the fire department impact fee to the road impact fee.  A discussion ensued as to whether or not the Town or Planning Board had the authority to revise the impact fee schedule for this development.  

Chairman Colbert asked Mr. Adams if he would like to make any comments.

Mr. Adams stated three points.  The plans propose seventeen (17) conventional homes; twenty-five (25) percent are going to have children that will impact our school.  The studies Mr. Giuda chose to share with you, he has picked out only the good points.  There are currently twenty-one (21) elderly exemptions given in town which total $1,000,000, there will be the potential for more with this development.  

The Board reviewed the mail, all other correspondence and signed accounts payable and payroll.  
Being no further business, the Chairman adjourned the meeting at 9:57pm.

Respectfully submitted,
                                                        APPROVED AS CORRECTED
Lisa Stevens                                                    9/18/2007

______________________  ________________________    ___________________
David Colbert, Chairman Richard DeBold              Stephen MacCleery

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