BOARD OF SELECTMEN
CALL TO ORDER
PLEDGE OF ALLEGAINCE
PRESENT: Mr. William McDevitt, Ms. Deb Casey, Mr. James Hardy, Mr. Greg Farris; Mr. Harold Lynde
Also present: Mr. James Pitts, Town Administrator, members of the press and general public.
Chairman McDevitt opened the meeting at approximately .
MOTION: (Casey/Hardy) To accept the minutes of the
VOTE: (5 - 0 - 0) The motion carries.
MOTION: (Casey/Hardy) To accept the minutes of the
VOTE: (5 - 0 - 0) The motion carries.
MOTION: (Casey/Lynde) To accept the minutes of the
VOTE: (4 - 0 - 1) The motion carries. Mr. Hardy abstained.
League of Women Voters
Ms. Lisa Brown and Ms. Mary Collins from the League of Women Voters appeared before the Selectmen to request that the Selectmen and the League work together to compile a non-partisan fact sheet for the Warrant Articles.
Ms. Casey felt it was a good idea to combine efforts, even with the Planning Board to create one flier.
Mr. Hardy asked if it was their policy to take a position on candidates. He was concerned with advocating a certain position. He believed a non-partisan document was fine. Mr. Farris said he hoped that any information obtained from the Selectmen would not lean in any one direction. Ms. Casey informed that she would be the liaison for the Planning Board and for the Selectmen as well.
Ms. Brown informed that it would only be a fact sheet and the League would not take stand on any issue. She said the reason for wanting to work together was to help stop confusion and so that information to the public was not duplicated.
Mr. McDevitt asked how it would be distributed. Ms. Brown believed that the Selectmen were going to distribute. She said they didn’t have the funds. Mr. McDevitt said the Selectmen would be glad to help and said that distributing things with the Town Report was fairly easy. Mr. Farris also suggested the League contact the Boy Scouts.
Ms. Casey informed that the voting hours would be from to . She asked if the League would help get that word out as well.
Mr. McDevitt said the Selectmen would work with the League. Ms. Casey said she would be in touch.
Ms. Joyce Coombs
Ms. Joyce Coombs appeared before the Selectmen to discuss the Coombs Junkyard. She said that the requests had not been ignored and she had tried her best to keep up with everything. She believed that the lack of a plot plan was holding up the license. She said that the land had been in the family for over eighty years and no one had a plot plan. She informed that the quotes she had received for a simple plot plan were between $6,000 and $10,000, which would be impossible to come up with that kind of money. Ms. Coombs said the cars and tires had been removed as much as they could, due to the limitations on the amount able to be removed. She said they had been on hold, since October, with the person that was supposed to remove the additional cars. She said they could not get anybody else to remove the cars because of the price of the market. Ms. Coombs understood that the license would be denied, but she wanted it known that they were trying to comply.
Mr. Lynde said he understood that they were trying to comply and felt that they had made a good faith effort. He believed that it could be readdressed in April. Mr. Hardy asked if the snow was a factor in the removal. Ms. Coombs answered yes.
Chief Haglund - Patrolman Interview
MOTION: (Hardy/Casey) Request for a non-public session per RSA 91-A:3,II,a & b.
The Board entered into non-public session at approximately .
The Board returned to public session at approximately .
MOTION: (Casey/Hardy) To hire Mr. Brian Lovejoy, as a Police Officer for Pelham Police Department effective
VOTE: (5- 0 - 0) The motion carries.
Before meeting with the next appointment, Mr. McDevitt spoke on the issue of MtBE showing up in wells in a section of Town. He noted that
Mr. Lynde said legislation had been passed in 1999 and 2000. He said there were three LSR for 2001. He informed that
Dr. John Meinhold - MtBE Gasoline Additive Information
Dr. John Meinhold said he was an eye doctor and Chairman of the Environmental Health Committee for New Hampshire Sierra Club. He said one of the Sierra Club’s biggest concern was water contamination. He said after news reports in October, 1998 he was convinced MtBE was a serious problem. He said there was a survey of private home owners in rural areas which showed a high level of MtBE contamination. The problem was attributed to such things like lawn mower gasoline spills, car accidents or simply killing weeds with gasoline.
Dr. Meinhold presented a map he had put together which showed the areas with high levels of MtBE contamination. He informed that out of 10 gallons of gas, approximately 1 gallon would be MtBE. He also informed that a soda can of MtBE could contaminate up to 13,000,000 gallons of water, which equaled the entire water supply used in
Dr. Meinhold said he was discouraged with high levels of government. He said that Governor Shaheen had sent a letter in September, 1999 in which she requested a temporary waiver from the clean air act so that
Mr. Hardy asked what the solution was for a neighborhood that currently showed contamination. He wanted to know if the MtBE would eventually dissipate. Dr. Meinhold said because it was a synthetically made chemical it was resistant to breaking down naturally. He said that once it got to ground water it would probably stay for years. Mr. Hardy asked if it would go away with time. Dr. Meinhold said it depended on the amount of oxygen. He said if there were low levels, it could remain for years. He said filters on wells are very expensive and they block up quickly. He said the Governor of California did by executive order in 1999 to eliminate MtBE by 2002. He said one of the reasons was if MtBE was left in the gasoline, it would take approximately $1,000,000,000 in clean up per year. He ended by saying he didn’t feel the public realized that MtBE was a hazardous substance.
Mr. Pitts gave an update on the local situation, which he received via email. He said locally 32 private wells had been tested out of which, 30 contained MtBE. He said 15 were above the drinking water standard. He said the DES was installing 6 treatment systems, and was in the process of testing wells and designing systems for the other 9 wells. He said bottled water was being supplied until the treatment systems were installed. Mr. Pitts informed that DES would be testing 12 additional households, which will begin tomorrow. He said legislation would be proposed this session regarding MtBE. He ended by saying that our Chief Engineer
Mr. Farris asked who would pay for the cost of the filters. Ms. Casey said the DES was. Mr. Lynde believed that if DES was able to find the cause of the leak, they would then go after that person to recoup the costs.
Ms. Casey asked how people were able to make their opinions known. Dr. Meinhold said that letters to newspaper editors, contacting state representative (which could be determined through the government website - www.senate.gov) and phone calls or email to congressmen and senators. He ended by showing a graph of public water systems in which the level of MtBE had been on the rise. Mr. Lynde informed that three bills were currently in process. He also noted that Salem Chamber of Commerce was conducting a
meeting Friday with three of the four congressional representatives expected to be present. He felt that it would be worth while to carry a message to them of Pelham’s MtBE concerns. The Selectmen then discussed how to get the word out to local and federal representatives. Mr. Lynde suggested drafting a resolution to be given to congressional representatives. He then suggested that a plan be created so that businesses that deal with gasoline have a procedure in place in accordance with the Fire Department.
Mr. Farris pointed out that Pelham has one of the largest aquifers which supplies and affects many other areas.
Mr. McDevitt ended the discussion by saying that resolutions would be drafted (possibly before the vote).
Transfer Station Update
Ms. Casey informed that agreements had been signed with Waste Management. She began by discussing Winter construction to be done by Dino Construction, which would take three weeks to complete. She informed that the difference in cost was $2,000 which totaled $57, 250. She said there would be a drain with a 250 gallon storage tank for hazardous material, which could be pumped every six months.
Mr. Lynde confirmed that the pad could accommodate a 100’ trailer. Ms. Casey answered yes. Mr. Lynde then asked about the 16’ retaining wall. Ms. Casey said that size was required to accommodate the trailer which would sit further below. She said they had suggested using rails along the top of the concrete walls, for safety, but it was not included in the price.
Ms. Casey said that per the information from the Selectmen, the decision was made to lease two trailers with the option to buy for $1 at the end of the lease time frame. She said the compactor was also leased so at the end of a year, it could either be purchased for $1 or turned in and replaced with open-top containers.
She said that the arm could be designed/constructed, but they wanted to get a feel for what was wanted.
Mr. Pitts informed that the conveyor belt was part of the lease package. Mr. Farris recalled that the conveyor belt was to be purchased. Ms. Casey said prices were separated out so that an agreement could be made to purchase rather than lease. Ms. Casey continued on to say that the agreement with Waste Management was for 3 years. She said they would tip and transfer all the trash for $69 per ton. She said the low end estimate the 75 yard container could hold was 21 tons and the high end estimate was 23 tons. She said the 100 yard trailer could hold approximately 23 - 25 tons. She said the haul would cost $275 and the fuel surcharge would be capped at 2.7% (but could go lower). She said the increase in tip and haul over the next two years would be 4.5%.
Mr. Farris wanted to change to a 100 yard trailer to get more tonnage and to not change trailers as frequently. Ms. Casey pointed out that with a 100 yard trailer a 3rd axle would be needed. She didn’t feel that it would be cost effective due to additional costs (of approximately $5000) for the haul and the trailers. Mr. Farris wanted to know the difference in price for hauling the 75 yard versus 100 yard trailer. Ms. Casey said she would be able to get the numbers.
Mr. Lynde didn’t understand why the 100 yard trailer was only able to add a couple more tons than the 75 yard. Ms. Casey said there were road limitations with the 100 yard.
Mr. McDevitt reviewed the minutes of
Mr. Farris asked what the start time would be. Ms. Casey said it would start at the beginning of March and last for approximately three weeks. She said they negotiated an extra three months at the lower pricing so that the schedule would be from June to June.
Mr. Farris asked how construction would impact the current setup for disposal. Ms. Casey said Waste Management didn’t feel it would be impacted. Ms. Casey ended by saying that Mr. Maguire would have to meet with the Selectmen to get a feel for designing the arm for the conveyor belt.
Transfer Station Warrant Article
Mr. McDevitt began by discussing the removal of the existing incinerator units, and the quote received by Mr. Musselman for $77,000, which was reduced to $67,000. He said since the balance (from the $125,000) had been returned to the general fund, a warrant article would need to be drafted to take the money from the fund or from surplus so that new money wouldn’t have to be asked for.
Mr. Pitts said the balance did have $267,000, less the $125,000.
Mr. Farris recalled the Warrant Article from a few years ago (to hire Mr. Musselman’s firm), which he believed was for approximately $15,000 or $16,000. He felt the same amount of money could be used (plus inflation) to initiate phase II of the transfer station. He didn’t believe that the work to be done now would be as expensive. Mr. McDevitt said he would begin with $77,000 and then use the $15,000 Mr. Farris spoke of to total $92,000.
Mr. Lynde spoke of accommodating a bailer. Mr. Farris questioned where the bailer would be placed. Ms. Casey reminded that once the project was underway (to remove the incinerator) and the paperwork was filled out, the Town would get 20% back from the grant.
Mr. McDevitt informed that he received confirmation that the recycle fund was expendable. Mr. Lynde suggested rewording it to read both building and equipment. He felt that would give options for flexibility. Mr. Farris didn’t feel that equipment would be procured this year. Mr. McDevitt said he would draft the two Warrant Articles.
Coombs Junkyard Vote
Mr. McDevitt began by reminding the Selectman of Mr. Soucy and Mr. Zarnowski’s concerns with the unprotected barrels still needing to be taken care of. Mr. Pitts informed that DES walked the site and did not have a problem with what the Coombs Junkyard was doing. He said that DES recommended storing the gasoline and antifreeze in labeled 55 gallon drums to be inside a storage shed. He said however, that the Fire Chief had concerns with the 55 gallon drums of gasoline. Mr. Farris asked if the containers were sealed properly in case they were inadvertently knocked over.
Mr. Hardy suggested granting an extension based on being in compliance with DES (of properly sealing the containers) as well as subject to inspection of the Fire Chief to get through the winter and revisit in April. Mr. Farris wanted to know more of the Fire Chief’s concern. Mr. McDevitt informed that there was no license in place and time has been given for compliance. He suggested having the Fire Chief inform of any recommendations.
Mr. Lynde spoke in general of having a signoff on storage facilities and remediation plan procedure in place for such facilities and any place which deals with petroleum products. He suggested speaking with the Fire Chief and the Building Inspector. Mr. Pitts suggested receiving a two-part report, 1) notation of any code/law violations, and 2) Fire Chief recommendations. Mr. Lynde then suggested adding a procedure should be put in place in the event that a spill occurs.
Mr. Hardy said they should be given credit for containing the gasoline and not disposing otherwise. Mr. McDevitt said the Selectmen would await a report from the Fire Chief.
The Selectmen recessed at , and returned at .
Park and Recreation Advisory Board Petition Warrant Articles
Mr. Bob Tryon reviewed the Petition Warrant Articles for the Selectmen.
Mr. Tryon began with the petition for $19,006.13 for work at
Ms. Casey asked if it was only the amount of interest that was supposed to be withdrawn. Mr. Lynde said it was whatever the Town decided. His understanding was the trust funds were set up as a vehicle to accept private donations, not as a source for annual repair.
Mr. McDevitt noted that he would have rather had the petitions spell out what the money was to be used for. He felt it may be a problem at the Budget Committee and suggested bringing a hand out that showed a breakdown.
Mr. Tryon gave the next petition for $284.41 from the Muldoon Public Trust Fund for improvements and impairs at
Ms. Casey reiterated Mr. McDevitt’s comment that the petitions don’t have a breakdown for what the money would be used for. Mr. Tryon said he was asked by the advisory board to research the trusts and the amounts they contained. He said that the maintenance budget would show a yearly increase. Ms. Casey suggested that future Warrant Articles were contained on one with a reference to a,b,c,d etc. Mr. McDevitt believed it could still be done at the deliberative session.
Mr. Tryon then gave the next petition for $207.58 from PVMP Trust Fund for improvements to Pelham Veteran’s Memorial Park.
Mr. Tryon then read the last petition for $9,686.78 from the Raymond Park Capital Improvement Fund for improvements, repairs and other work needed at Raymond Park. He informed that the monies were interest generated from $50,000 in the fund. He said the roof needed repair, an underground oil tank needed to be removed and replaced with an above ground which needs to be installed, and the parking area needed improvements.
Mr. Farris recalled a past Warrant Article for removing the oil tank and was unsure why it had not been done.
Mr. Farris made a motion to support the Petition Warrant Articles. Mr. Hardy seconded. Mr. Farris requested that at deliberative session the Warrant Articles be rewritten as a,b,c,d etc. Mr. Tryon asked if it could be done because of different funds. Mr. McDevitt said that anyone could make a motion to amend. He suggested speaking with Mr. Pitts to compact.
MOTION: (Farris/Hardy) To support the petition Warrant Articles.
VOTE: (2 - 3 - 0) The motion does not carry. The Selectmen would not recommend on the ballot.
Award of Highway Bids
Mr. Hardy reviewed Don Foss’s thirty-three recommendations, excluding item #21 for the catch basin block, which no bid had been received. He noted that Mr. Foss received a bid from Coriveau & Routhier for item #21 but the prices still needed to be researched.
Mr. McDevitt said if members of the public would like to review they could contact Mr. Pitts.
MOTION: (Hardy/Casey) To award the bids per Don Foss’s recommendations of
VOTE: (5 - 0 - 0) The motion carries.
Snow Removal/Damage to Private Property Policy
Mr. McDevitt said in the past damage was handled on a case by case basis.
Mr. Pitts provided a draft policy which was based on policies in other communities. He said in summary, that anything placed within the public right-of-way that might be damaged by snow plow operations would not be repaired or replaced by the Town. He said if snow plow equipment were to strike or damage private property contained on privately owned land, then those items would not be exempt from the Town taking the appropriate action. He then stated for
MOTION: (Hardy/Casey) To adopt the policy as outlined by the Town Administrator.
VOTE: (5 - 0 - 0) The motion carries.
Transfer Station Hours - Martin Luther King Day
There was a discussion regarding which day the transfer station employees would take as their holiday, either Sunday or Monday. Mr. Pitts said volunteers were willing to work for time & 1/2 on the Monday holiday, so that the station would be able to remain open on both Sunday and Tuesday.
Planning Director Hiring Process
Mr. Pitts informed that Mr. Clay Mitchell, the interim Planning Director was willing to stay for a year. He said he would adjust his college classes to accommodate the Town. He noted that the current charges for Mr. Mitchell was $55 per hour plus $15 travel per day. He informed that if Mr. Mitchell was contracted for twenty-six weeks with 16-24 hours per week the rate would be $52.50 per hour. He further informed that if Mr. Mitchell were contracted for fifty-two weeks with 16-24 hours per week the rate would be reduced further to $50 per hour.
Mr. McDevitt asked how things were currently going and if 16-24 hours would be sufficient. Mr. Pitts said he was pleased with the job being done and said it was being done well.
Ms. Casey said that Mr. Mitchell was doing a great job and felt that he communicated with Conservation Commission well. She noted that he was willing to do additional hours, but they would be via e-mail and from home. She urged the Selectmen to vote to keep him. Mr. Lynde asked if Ms. Casey was recommending putting off the hiring process. Ms. Casey answered yes and suggested that Mr. Mitchell be kept for the fifty-two week period.
Mr. McDevitt asked if it would impact the Planning budget. Mr. Pitts thought it would come out even.
Ms. Casey made a motion to enter into a fifty-two week agreement and hire Mr. Mitchell. Mr. Lynde seconded. Mr. Hardy wasn’t comfortable with locking into a one-year agreement for a temporary employee. Ms. Casey preferred to refer to Mr. Mitchell as interim, not temporary. She felt that hiring him for fifty-two weeks would create stability and consistency. Mr. Pitts noted that either party could terminate the agreement. He said that MRI had other employees which could fill in.
Mr. Hardy asked if the department head contract would be affected. Mr. Pitts answered no. Mr. Hardy asked if he was comfortable with the one-year agreement. Mr. Pitts answered yes.
MOTION: (Casey/Lynde) To enter into an agreement with MRI to hire Mr. Clay Mitchell for a fifty- two week period at $50.00 per hour.
VOTE: (4 - 1 - 0) The motion carries. Mr. Farris voted no.
Warrant Article Explanations
Ms. Casey said the Planning Department would like to include the zoning amendments in the non-partisan document. She asked permission to work with Mr. Jeff Gowan to create one document. She said that Mr. Gordon Graham urges to make the document completely non-partisan. Mr. Farris suggested that there was a differential between the Selectmen’s Warrant Articles and the Zoning Ordinances. Ms. Casey said there would be.
Mr. McDevitt brought up the fixed wing/helicopter petition. He said that counsel had advised that it be rewritten so it would be in accordance with the zoning ordinances. Mr. Farris asked why the ownness was on the Town when a Warrant Article is submitted with incorrect wording. Mr. McDevitt believed that if a petitioned zoning article were to pass and it was not worded correctly, it would conflict with the zoning regulations.
Mr. Lynde felt it was an unfunded mandate, only for zoning. Mr. Pitts said the Town went on retainer, therefore there were no costs incurred. He noted that the only changes made were to insert paragraph numbers so that it would fit into the zoning ordinance where it belonged, gave a subparagraph designation and the lead line was also slightly altered. He said those were the only changes recommended by counsel.
Mr. McDevitt took a consensus vote to take counsel’s advice on wording and then forward to the Planning Board.
Resignation from Pelham Library Board of Trustees
MOTION: (Hardy/Casey) To regretfully accept the resignation of Ms. Charlotte Vautier effective
VOTE: (5 - 0 - 0) The motion carries.
Ms. Casey asked what the date was to submit for positions. Mr. McDevitt believed that the sign-up period starts at the Town Clerk’s office
It was discussed and authorized that Mr. Pitts will send a certificate of appreciation to Ms. Vautier.
TOWN ADMINISTRATOR’S REPORT/SELECTMEN’S REPORT
Mr. Pitts informed that the New Hampshire Municipal Association would be holding an information meeting regarding the West Nile Virus. He said at least one person would be sent. Mr. McDevitt believed that he may also attend.
Mr. Pitts informed that the grant was approved for 50% of the work done for the Police Station dispatch and would be received shortly. He commended the Police Chief for the way the work had been carried out.
Mr. Hardy commended Mr. Don Foss and the Highway Department for the beautiful job during the most recent snow storm.
Ms. Casey informed that the Wetland Ordinance received at 6 - 1 vote by the Planning Board. She said the Town Moderator attended the meeting and would be amiable to hearing both pro and con at the deliberative session. She said that the Open Space Development would be heard on
Mr. Lynde said he had attended the Planning Board meeting and thought that it went well. He informed that Adelphia was planning on running fiber cable through Town this year and next with the intent of giving two-way high-speed capability.
Mr. Farris informed that he had a conversation with Tennessee Pipeline (aka El Paso Pipeline) regarding the project due to commence
Mr. McDevitt informed that
REQUEST FOR NON-PUBLIC SESSION
MOTION: (Lynde/Casey) Request for a non-public session per RSA 91-A:3, II,a, c and e.
ROLL CALL: Mr. McDevitt-Yes; Ms. Casey-Yes; Mr. Hardy-Yes; Mr. Lynde-Yes; Mr. Farris-Yes
Mr. McDevitt noted that when the Board returns, after the non-public session, the Board would not take any other action publicly, except to, perhaps, to vote to ratify a union contract and to seal the minutes on the non-public session and adjourn the meeting. The Board entered into a non-public session at approximately Also present was Mr. Pitts.
Ms. Casey left the non-public session at approximately .
The Board returned to public session.
MOTION: (Hardy/Farris) To seal the minutes of the non-public session indefinitely.
VOTE: (4 - 0 - 0) The motion carries.
MOTION: (Hardy/Farris) To adjourn the meeting.
VOTE: (4 - 0 - 0) The motion carries.
The meeting was adjourned at .
Charity A. L. Willis