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Selectmen Minutes 07/21/2009
Chichester Board of Selectmen
July 21, 2009

MEMBERS PRESENT:  Chairman MacCleery, Selectman Jordan, Selectman DeBold and Administrator Lisa Stevens.  

Others present: Bette Bogdan, Allan Mayville, Barbara Frangione, Richard Holloran, Walter Sanborn, Carolee Davison, Lucille Noel and Marlene Hammond

Chairman MacCleery opened the meeting at 7:00PM.

Subject: Department Heads
Present: Patrick Clarke, Police Chief; John Dever, Building Inspector; John Martell, Emergency Management Director; Jim Plunkett, Road Agent; and Gil Vien, Fire Chief  

EMD - Mr. Martell had nothing to report this evening.

PD - Chief Clarke submitted photographs taken previously as to the state of decaying animal carcasses on King Road.  To date, the Selectmen have not received written permission from the homeowner who lives out of state to remove or bury the remains due to an active criminal investigation.  There appears to be no more foul odor emanating from the property.

Chief Clarke reported a rash of burglaries have taken place in town, similar to those in surrounding towns.

The new cruiser is on the road; however it still needs to be painted to resemble the rest of the fleet.  The í04 Crown Victoria has been taken out of service and being advertised for sale by sealed bid. The comment was made that the location of the cruiser seems to deter speeding traffic and perhaps a location on Route 4 would offer more visibility and be more successful at slowing speeding traffic.

The renovations continue with the installation of carpeting by Holmes Carpet and painting has begun utilizing work force labor from the county prison system.

BI - Mr. Dever has received positive feedback from Sprint/Nextel who will be issuing a $75.00 credit for the internet charges that fraudulently appeared on his bill.

There are still fifteen permits available for residential dwellings this year.  This tally comprises carryover and expired permits from last year.

Mr. Dever submitted a report of his findings regarding activity taking place on two lots located off of Dover Road.  The Board has received a zoning complaint and questions

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July 21, 2009

regarding proper permitting of apparent building projects. The Board will discuss this information later this evening.

HYW - Mr. Plunkett reported the paving scheduled for today on the Community Building parking lot will take place tomorrow provided the rain holds off.  More crushed material may be needed; the town will supply the extra if needed.  The contractor will cut around the catch basin as well.

Mr. Plunkett has placed an ad in the newspaper for replacement of a full-time highway laborer.

The parts have arrived for the excavator, it should be fixed and back in operation on Thursday. A special tool, needed for the repair has been rented from Chappelle Tractor.

A backhoe was rented for use for a week as well.

Mr. Plunkett questioned the policy in place for town employees and volunteers assisting with the tractor pull event on Old Home Day.  The Board requested any volunteers sign the appropriate volunteer form available from the Selectmenís Office.

Correspondence back has been received from homeowner Davis regarding the water drainage problem on Horse Corner Road.  Selectman Jordan offered to meet with Mr. Plunkett and the homeowner on Saturday at Ms. Davisís convenience.

Chairman MacCleery reported a phone call received from homeowner Dave Holmes regarding a blocked culvert just beyond his property on Perry Brook Road.  Mr. Plunkett stated the crew has just worked in that area and that he was aware of a culvert that was blocked from falling rocks.  The department has cleaned out culverts in that area but Mr. Plunkett will check again to assure the culverts are clear.

Chairman MacCleery has been questioned as to whether or not Durgin Road extends beyond the dooryard of the Pike homestead where the trucks turnaround at the barn.  This question has been raised due to the upcoming public hearing scheduled to address the petition of Mr. Jamie Pike to upgrade Durgin Road by approximately 650í.  Mr. Sanborn stated that the road was never a town road beyond the Pike driveway, but is rather a rangeway.  The question arose as to whether the Board had the authority to open if it was a rangeway or did that matter require legislative action.  The Board directed the road Agent to research the ancestry of the road prior to the scheduled public hearing on July 28th.

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Library - Trustee Davison submitted a request for the purchase of two new computer systems for the library, utilizing funds from the Cable Franchise Fees.  One system will be used as a public access and the other as a stand alone server.  A third smaller system is being donated. A software upgrade is included in this request as well.  All labor to be donated by volunteer Bill Haskins who routinely volunteers his IT work to the library. The Board will discuss the matter later this evening.

FD - Chief Vien reported the roof at the station is still leaking even after the furnace replacement work has been completed.  The Board directed Chief Vien to solicit repair estimates from local contractors.

The Chief has looked into pricing for the installation of a double walled skid tank to store the diesel fuel at he station, with Rymes quoting a price of $1.97 per gallon.  The Chief believes this to be exempt from a containment system.  Chairman MacCleery recommended the Chief check with NHDES for compliance and regulations regarding storage before purchasing any unit.

Chief Vien inquired about the outstanding copier issue.  To date, the town has received no response to insurance information sent or disposal methods for the copier no longer in use at the station.  The Board directed the Chief to contact the Local Government Center for advisement to pursue settlement through legal channels.

The Board reviewed the reports received regarding the zoning complaint received for 290 Dover Road; building activity without permits. The assessor performed a site visit and noted a camper placed with a deck surrounding and a pipe running into the ground disposing of gray water, a makeshift privy consisting of a handicap toilet with a plastic tarp surrounding it and some clearing of the land.  The property is listed under current use taxation and any building will result in a Land Use Change Tax penalty being assessed.  The assessor has sent notification to the two owners.  An Intent to Cut is on file with the town and state.  Mr. Dever has researched the laws governing outside privyís and relayed to the Board that these are allowed without permitting as long as no running water exists.  It appears the property is being occupied on the weekends only.  A big trench has been dug and is being filled with the removed stumps and roots.  The question for the Board is to determine what they consider seasonal use of a camper or recreational vehicle as permitted in our zoning. If the Board determines this to be a permitted use of the property, the very least that should be managed is the proper removal of the gray water.  The Board directed Mr. Dever to update the complainant as to what information has been obtained by the office to date.

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July 21, 2009

SUBJECT: Complaint to Water Well Board
Present: Chris Kofer, Owner; Aqua Specialties

A complaint from a resident has been lodged with the State of NH Water Well Board and it is the belief of Mr. Kofer that the Town Administrator filed this complaint on behalf of the homeowner.

Mr. Kofer performed work for a resident and has not received payment.  The resident first informed Mr. Kofer that the town would be paying the bill, then the resident stated the work was not performed to satisfaction and that he still did not have drinkable water and was not going to pay the bill.

The Board could not comment on this matter as the case has been handled by the Welfare Department which has since secured a contractor that restored running water to this property.  

TA Stevens explained that she had contacted the State on this residentís behalf to secure a direction or remedy on the State level that the town could not provide on the local level.  No different than any resident seeking assistance regarding a matter that would be handled by another State agency such as DES with a septic complaint or the State Forester with a tree cutting complaint.  Lisa emphatically denied her completion of neither the form, nor anyone from her office completing and filing the form on the homeownerís behalf this evening, as she has to Mr. Kofer previously when he called with his accusation.

Mr. Kofer expressed his frustration with what he felt was not getting straight answers from the town, having a complaint lodged against him(his first) and not getting paid for work that he performed and stated had fixed with running water to the property.  Mr. Kofer has since communicated with the individual who did file the complaint and offered his apology to Ms. Stevens.  The offered Mr. Kofer the avenue of meeting with the Welfare Coordinator and perhaps discussing this confidential matter with the Welfare Fair Hearing Panel to seek some relief of his expenses.

Subject: Hiring Process-Town Administrator replacement
Present: MacCleery, Jordan, DeBold, Stevens & Hammond

Chairman MacCleery moved to enter into non-public session at 8:13pm, pursuant to NH RSA 91-A: 3, II, a, to discuss the hiring process. Selectman Jordan seconded the motion, the Chairman called for the vote.  DeBold - yes; Jordan - yes; MacCleery - yes.  Motion carried.   

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Chairman MacCleery moved to seal the minutes of the non-public session for a period of five years.  Selectman Jordan seconded the motion, the Chairman called the vote.  DeBold - yes; Jordan - yes; MacCleery - yes. Motion carried.

Chairman MacCleery moved to close the non-public session at 9:22pm.  Selectman Jordan seconded the motion, the Chairman called the vote.  DeBold - yes; Jordan - yes; MacCleery - yes. Motion carried.

Chairman MacCleery will make a job offer to the selected top candidate this week.  


The finalizing of the Pittsfield Perambulation has been tabled until the fall.

The grounds cleanup is on hold until a dry weather spell.

Outstanding zoning complaints regarding the unregistered vehicles at the Patten residence and the compliance of light trespass at the Weathervane will be followed up by Selectman DeBold.  

Mr. Giuda discussed the draft easement document for the Myers RV property. The conservation Commission has reviewed the language and offered three wording changes.  These were discussed and agreed upon by the Selectmen.  The Board will draft a letter to the Myers corporate office approving of the easement language with the incorporation of these three changes as amended by the Board of Selectmen.

Mr. Giuda submitted is fire bill restitution payment in the amount of $230.13.

The Board discussed correspondence from the Local Government Center regarding a class action lawsuit against the State for the cost shifting to the local level an increase in percentage of the New Hampshire Retirement benefit. Selectman DeBold moved to join the NH Municipal Association lawsuit against the mandated Article 28-A, increase NH Retirement percentage to local towns for Group II employees(police/fire) and authorize the expenditure of $82.44, for that purpose.  Chairman MacCleery seconded the motion, all were in favor.  Motion carries.

Selectman Jordan moved to accept the request from the library for two new computer systems and authorize the expenditure of $1,222 from the Cable Franchise Revenue for that purpose.  Selectman DeBold seconded the motion, all were in favor, motion carries.

The Board scheduled appointments with interested candidates Bogdan and Mara for the vacant Health Officer position for next week.

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Selectman DeBold will follow-up with attorney Mayer regarding the need for a revised liability waiver for the Old Home Day Scavenger Hunt.

The Board reviewed correspondence from Concord Visiting Nurse Association stating that funding from the town would not be necessary this year.  The association has received all their funding this year through grants and donations.  

Lucille Noel reported that she has received the results of the energy audits conducted on the three town buildings. Estimated costs to upgrade the lighting in all three buildings are around $6,000, with the grange building receiving the largest upgrade. The town is eligible to receive half of the costs in grant money should they accept the offer from Unitil for grant money.  Deadline is September 23, 2009.

Lucille invited everyone in attendance to the bonfire on Friday night at the librariansí home to kick-off the summer reading program.

The Board signed the minutes of July 14, 2009, public and non-public sessions, as written.  

The Board signed payroll and accounts payable totaling $46,400.81

Chairman MacCleery thanked outgoing Administrator Lisa Stevens for her continued work through the hiring process and for her dedication to the Town of Chichester.

Being no further business for the evening, Chairman MacCleery adjourned the meeting at 10:25pm.

Respectfully submitted,

Lisa Stevens

                                                        As corrected.

_________________________    ____________________ ______________________
Stephen MacCleery, Chairman     Jeffrey Jordan           Richard DeBold

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