NOT APPROVED

TOWN OF PELHAM

BOARD OF SELECTMEN

MINUTES

March 27, 2001    

CALL TO ORDER

PLEDGE OF ALLEGAINCE

PRESENT:           Ms. Deb Casey, Mr. Greg Farris, Mr. William McDevitt, Mr. Jean-Guy Bergeron, Mr.                                   Harold Lynde

Also present:       Mr. James Pitts, Town Administrator, members of the press and general public.

ABSENT:             None.

Chairperson Casey opened the meeting at approximately 6:30 pm. 

OPEN FORUM

None.

APPOINTMENTS

Signing  of Union Contracts

The Selectmen began by signing the Policeman Union Contract.  The Selectmen then signed the Supervisors Union Contract. 

Interviews for Commissions and Boards

Park and Recreation Advisory Board

Ms. Tanya Kosik, 4 Kosik Terrace was applying for an additional two year-term.  Mr. McDevitt asked why she was interested in reapplying.  Ms. Kosik said she had been on the advisory board for two years and felt that she had gained an understanding of the board and would like to continue helping making decisions.  Ms. Casey asked what the board would be facing as the Town grew.  Ms. Kosik felt that more opportunities were needed for the children in Town.  She said Park and Recreation needed to grown with the population as well as keep up with other towns.  Mr. Farris asked what she would like to see included in Park and Recreation’s seven-year plan.  Ms. Kosik said she would like to see more of what the children were looking for, such as additional parks, basketball courts and skate parks, so that children would have a place to go. 

Ms. Lisa Sparkman, 75 Simpson Road was applying for an additional two-year term.  Mr. McDevitt asked why she was interested for the position again.  Ms. Sparkman said after a couple of years on the board she had developed some ideas and would like to see them implemented.  Mr. Farris asked where she would like to see the seven-year Park and Recreation plan go in seven years.  Ms. Sparkman said she would like to provide healthy activities for children as they became teenagers, which she felt was an important age.  Mr. Lynde asked her opinion of the summer program.  Ms. Sparkman felt that overall the program was positive. 

The Selectmen discussed what the appropriate length of terms were.  Both Ms. Kosik and Ms. Sparkman were in agreement of three-year terms. 

MOTION:           (Farris/Lynde) To reappoint Tanya Kosik and Lisa Sparkman to their appropriate terms of                               three-years ending April 1, 2004.

VOTE:                 (5 - 0 - 0) The motion carries. 

Conservation Commission

Mr. Sanjay Kakkad, 4 Misty Lane was applying for a three-year term on the Conservation Board.  Mr. McDevitt asked why he was interested in applying.  Mr. Kakkad informed that he recently finished school studying environmental science.  He felt that being involved with Conservation would be a good opportunity to get involved with the community.  Mr. Lynde recalled that Mr. Kakkad had made bluebird houses for the Town as an Eagle project.  He then asked if Mr. Kakkad would be able to act in the best interest of the Town even if he felt contrary to the discussion.  Mr. Kakkad said he felt he could listen with an open mind.  He said there had to be a balance that exists within a growing town.  He said after listening to other members and people of the community about the issues, he would gain a better understanding and be ready to discuss how to work on the issues to create a balance.  Mr. Farris asked how his education would assist the board members and Town.  Mr. Kakkad believed that the things he had learned such as research he’d done would be an asset.  He said he would assist in any way he could.  Ms. Casey asked how he felt he would do given the fact that Conservation was a demanding board, which was advisory in nature to the Planning Board.  Mr. Kakkad felt the commission was a perfect way for advising and moving forward as well as speaking his views. 

MOTION:           (Lynde/Bergeron) To appoint Sanjay Kakkad to the Conservation Commission with a                                     three-year term.

VOTE:                 (5 - 0 - 0) The motion carries.

CIP

Mr. Howard Mastropiero, 8 Alexander Drive was applying for a position on the CIP Committee.  Mr. Lynde asked what prompted him to seek a position on the committee.  Mr. Mastropiero said he had watched the history and development of the acceptance of the new school and felt it would be a good step to help guide the Town down the road.  He said he would like to have some impact on some of the upcoming issues.  Ms. Casey asked if he was applying for both CIP and Master Plan Committees.  Mr. Mastropiero said he was only applying for CIP.  Mr. Farris asked how he would help educate the people on how CIP was actually a working tool.  Mr. Mastropiero said his vision would be to include a broad spectrum of people involved to better ensure understanding.  He said his vision was to be a conduit of knowledge and insight for the Town to feed information into the Master Plan and Board of Selectmen.

Mr. McDevitt asked if there were an unlimited number of people on the CIP Committee.  Mr. Jeff Gowan, 17 Livingston Road, Chairman of CIP believed the charter read ‘no less than fourteen’, but would be reviewed once the Committee began.  He also said he would only remain Chair until the process began so that he could focus on the Master Plan. 

Mr. Lynde asked why Mr. Mastropiero felt Pelham was one of the best places he had lived.  Mr. Mastropiero informed that he had lived in approximately 18 cities around and out of the country.  He said he had seen certain things work and not work.  He said Pelham had a unique culture and didn’t feel it had been ‘citified’.  He said the Town had an attitude of culture where he would want to raise his children.  He noted that the school teachers were dedicated and volunteerism was higher than anywhere else he had seen.

MOTION:           (McDevitt/Lynde) To forward to the Chair of the Planning Board the Selectmen’s full                                   endorsement of Howard Mastropiero appointment to the CIP Committee.

VOTE:                 (5 - 0 - 0) The motion carries. 

Planning Board

Mr. Jeff Gowan, 17 Livingston Road was seeking reappointment to the Planning Board.  Mr. Farris asked what the major task was facing the Planning Board and the Master Plan subcommittee.  Mr. Gowan said it was time for a Master Plan update per the RSA.  He said the Master Plan was used for many of the decisions made.  He said the facts, figures, tables and charts needed to be updated, but his goad was to create an end product which made the tenants of the Master Plan a visible and often referenced tool which would always be applied.  

Mr. Farris asked where the Planning Board should go with the two zoning issues which failed Town vote.  Mr. Gowan said it was his hope was that both issues would come back before the public.  He said better explanation needed to be given to the Town if they were to be approved. 

Mr. Lynde asked where he would like to see the Planning Board in the future.  Mr. Gowan said he was pleased with the current direction of the Planning Board and would like to see it maintain the direction.  Mr.

McDevitt asked if there was a message for the Planning Board regarding the growth control ordinance which almost passed.  Mr. Gowan said that when the ordinance was read, it appeared to make sense, even though it had some legal issues.  He said since the petition had been brought forward, the author of the ordinance had been asked to be involved with the Master Plan. 

Mr. Bergeron asked how he felt about bringing water, sewer and utilities to business and industrial community.  Mr. Gowan said it was an admiral goal which he felt would benefit the Town.  He believed that the Planning Board should remain neutral and establishing a committee to investigate would be more a function of the Board of Selectmen.  Mr. Bergeron asked if he would be opposed to the issue if the Board of Selectmen wanted to move forward.  Mr. Gowan reiterated his belief that water and sewer (especially along Route 38) would be beneficial to the Town. 

Mr. Lynde, referring back to the growth ordinance, asked if information could be gathered from the  subdivisions approved in the past few years.  Mr. Gowan believed that type of project was part of the Master Plan.  His belief of the law was that the Town could not have impact fees and a growth ordinance. 

Ms. Casey said she appreciated all of his input on the Master Plan and said she felt he was an excellent candidate for Planning. 

Mr. Peter McNamara, 12 Jeremy Hill was seeking reappointment to the Planning Board.  Mr. Bergeron asked his feelings regarding bringing water and sewer to the business and industrial community.  Mr. McNamara said he agreed with Mr. Gowan that it would be more of a Board of Selectmen function, but would he would be in favor of it.  Mr. Lynde asked what his current and future views were for the Planning Board.  Mr. McNamara said he had been involved for one-year and felt the Planning Board had been pro-active.  He felt there was a good diverse group of people on the board and believed that the board could do more than what they had done during the past year.  Mr. Farris asked if the board should be proactive in reviewing the zoning of the business district.  Mr. McNamara felt that the business district should be reviewed, but was hesitant of ‘spot’ zoning due to the legalities which could arise.  Mr. Lynde asked if improvements could be made to existing businesses.  Mr. McNamara said that signage and plantings etc. had been discussed.  He said an example of good planning from the board was the stone cottage and felt that was the type of business the Town should encourage. 

Ms. Casey said she would support his nomination and felt that he added a good balance to the Board.  She then asked Mr. Farris to take over for her so she could make the motion to reappoint the two applicants.

MOTION:           (Casey/Lynde) To reappoint Jeff Gowan and Peter McNamara for three-year terms                                        beginning April 1, 2001 and ending April 1, 2004. 

VOTE:                 (5 - 0 - 0) The motion carries. 

Board of Adjustment

Mr. Walter Kosik, Gage Hill Road was seeking reappointment to the Board of Adjustment.  Mr. Farris asked how the Board of Adjustment has dealt with controversial issues and what they could do to better inform the public of their function.  Mr. Kosik said the board was similar to a jury.  He said some of the decisions were easy, such as a special exception, where if the five criteria were met, it would be granted.  He said variances and administrative decisions were more difficult.  Mr. McDevitt said one of the criticisms he heard, was that it was easy to get an okay.  Mr. Kosik felt that people were more aware if they were meeting the criteria, so those who didn’t feel they would have a favorable decision simply don’t submit applications.  Mr. McDevitt asked if the new hardship criteria had been reviewed with Counsel.  Mr. Kosik said he had discussed the issue with the Planning Director and they were setting a meeting up.  Mr. McDevitt told him to let the Board of Selectmen know if they needed additional support.  Mr. Lynde asked that the cases be reviewed carefully so that no precedents were being set.   Mr. Kosik explained that hardship issues were difficult,  and each board member had their own opinion.  He said he doesn’t have a predetermined idea of how he would vote until he heard from the applicant.  Mr. Bergeron believed the board should be non-biased and non-political, he asked if he was allowed to ask for outside information.  Mr. Kosik believed that board members shouldn’t discuss the cases until the hearing. 

Ms. Casey felt that the Board of Adjustment was a very critical board which would be seeing more applications.  Mr. Kosik said the board was recently reviewing fewer cases.

MOTION:           (Lynde/Bergeron) To reappoint Walter Kosik to the Board of Adjustment for a three-year                               term.

VOTE:                 (5 - 0 - 0) The motion carries. 

Ms. Casey noted that Mr. Hennessey had withdrawn his application for a full-time member and would remain an alternate. 

OLD BUSINESS

Selectmen appointments to Boards and Departments

Ms. Casey noted that she would be resigning from the Planning Board and Mr. Lynde would be taking over.  She then noted that Mr. Farris would be handling the Fire Department. 

Mr. Farris discussed the Tech Staff and said he would meet with Mr. Pitts and the staff to discuss their aspirations.  He said felt it was an issue that needed to be reviewed.  Mr. Lynde said the Selectmen had an open action item and felt they should set up a meeting with Mr. Jim Greenwood and Mr. Pitts regarding what they would like provided as internal and external services and go from there to create a system.  Ms. Casey felt the Selectmen should review what they currently had and move forward from there.  Mr. Farris expressed the importance of interfacing all the departments. 

Mr. Farris and Mr. McDevitt discussed their positions on the CIP Committee and the Park and Recreation Boards. They decided to have Mr. Farris be the alternate for the Park and Recreation Board and Mr. McDevitt would be the alternate for the CIP Committee. 

Ms. Casey then reviewed the list of Selectmen appointments.  She said that she needed an alternate for the Budget Committee.  Mr. Bergeron volunteered.  Ms. Casey noted that Mr. Bergeron would be the alternate for the Budget Committee. 

MOTION:           (McDevitt/Farris) To appoint Hal Lynde to the Planning Board with a three-year term.

VOTE:                 (5 - 0 - 0) The motion carries. 

MOTION:           (Lynde/McDevitt) To appoint Ms. Casey to the Budget Committee with Mr. Bergeron as                                              her alternate with a one-year term. 

VOTE:                 (5 - 0 - 0) The motion carries. 

Mr. Bergeron inquired about a letter received by Legal Counsel and asked for clarification of which boards had Selectmen Representatives as voting members.  Mr. Casey clarified that the only two boards that allowed Selectmen Representatives to vote was the Planning Board and the Budget Committee.  Mr. Bergeron confirmed that he would not be a voting member on the Board of Adjustment. 

Mr. Pitts asked for a clarification of titles and requested that the Incinerator/Transfer Station Department be changed to read the Solid Waste Department.  The Selectmen agreed.

Mr. McDevitt noted that at the previous Selectmen meeting of March 20, 2001 a motion was made and not voted on to accept the new road ‘Gaudet Drive’ within a recent subdivision.  The Selectmen voted

(5 - 0 - 0).  The motion carries from the March 20, 2001 Selectmen meeting.

NEW BUSINESS

Junkyard licenses

Mr. Bergeron stepped down due to conflict.

Mr. Pitts informed that the inspectors hadn’t completed their inspections due to the snow cover.  He asked that the two licenses being reviewed be granted a 30-day extension until May 1, 2001.  Mr. McDevitt asked if the inspectors had begun.  Mr. Pitts believed that the Fire Inspector had completed his inspection, but the Code Enforcement Officer and Health Officer had yet to complete their inspections due to the snow. 

Ms. Casey asked that the inspectors be reminded that gasoline and anti-freeze containment be more precise.  Mr. Pitts answered yes. 

Mr. McDevitt noted that the Gendron license may require meeting with Counsel, possibly non-public.  Mr. Pitts said Mr. Gendron had applied again this year and the inspections were being done using the same checklist and criteria as the other applications received.  He said that Frank Gardner had informed that the final EPA reports should be received by Friday. 

Ms. Casey confirmed that Mr. Pitts was recommending that the Mansur and Bergeron licenses be extended an additional 30-days until inspectors were able to complete inspections.  She also confirmed that Mr. Gendron had not currently pulled a license, so his case was a different situation.

MOTION:           (McDevitt/Lynde) To extend the existing junkyard automotive recycling license for Jack                                              Mansur Auto and Jean-Guy Used Cars and Parts for 30-days until May 1, 2001.

VOTE:                 (4 - 0 - 1) The motion carries.  Mr. Bergeron had stepped down.   

Mr. McDevitt asked if Counsel had responded regarding the Supreme Court case for Gendron.  Mr. Pitts said there was a docket case in April which would be heard.  

Warrant Article update

Ms. Casey noted that the Selectmen had received paperwork regarding the Warrant Articles, particularly the ones that didn’t pass.  She asked that the Selectmen discuss how they would like to handle the articles.

Mr. McDevitt confirmed that the department heads were working with Mr. Pitts in connection with the articles that passed.  Mr. Pitts said the department heads were working diligently and preparing bids which would come before the Board for final approval. 

Ms. Casey recommended that the $16,000 Warrant Article for mapping of the Town storm water system should be placed back on as a Warrant Article.  Mr. Lynde asked why it wouldn’t be an expense.  Ms. Casey believed that the Budget Committee would request that it was a Warrant Article because it would need to be done by 2003.  Mr. McDevitt asked that Mr. Pitts confirm that the $16,000 figure was still accurate. 

Ms. Casey confirmed that Mr. Pitts would research if the $16,000 figure was still accurate. 

Ms. Casey believed the question with the Emergency Repair and Maintenance fund was if it would be sought after again.  Mr. Pitts said he was pleased to see that the vote was close.  He said it would probably be submitted again as a line item to be spent in the event of an emergency. 

Ms. Casey said the $170,000 for the Municipal Capital Reserve fund would be discussed later in the year. 

She said the $3,000 Emergency Way would also be discussed on an upcoming agenda. 

Ms. Casey noted that the Parks Trust funds should also be discusses.  Mr. Farris said Park and Rec had discussed at their last meeting.  He said the intent was good, but the back up was poor.  He noted that they would be better prepared this year if they needed the money.  Ms. Casey believed that some of the funds were expendable by the Board of Selectmen.  Mr. McDevitt said he had identified a couple and felt that if the Board was going to do it, it should be done. 

Ms. Casey asked that Mr. Pitts compile a list of Warrant Articles that were unspent which had exceeded the time frame. 

Mr. McDevitt expressed appreciated to the voters for supporting the many requests made.  Mr. Lynde added that he believed the voters were very thoughtful and that overall the Town went well.

Selectmen’s goals and objectives

Ms. Casey asked that each Selectman provide her with their goals and objectives so she could compile a list and review at a future meeting. 

Selectmen’s Representative to Board of Adjustment and Conservation Commission vote discussion

Ms. Casey said it had been previously reviewed if the Selectmen’s Representative could vote on the Board of Adjustment.  She read a portion of a letter received by Counsel aloud which contained a segment from  RSA 36a:3.  She noted that if the Selectmen wanted a liaison, they would not have a vote, unless appointed as a member by the Selectmen.  Mr. McDevitt said he would not ask to be appointed and would not be voting unless the commission had difficulty gathering a quorum. 

TOWN ADMINISTRATOR’S REPORT/SELECTMEN’S REPORT

Mr. Pitts informed that the State Department of Transportation would be holding a hearing regarding the resurfacing of Route 38.  He said the meeting would be held at the Town Hall.  The meeting had been posted as beginning at 7:00pm, based on the information the Town had been given.  He wanted to inform that he had now been informed that the meeting would actually begin at 6:00pm. 

Mr. Pitts then noted that the hazardous waste collection would be Thursday May 24, 2001 at the new highway department in Hudson from 3 - 7pm.  He said there would be additional collections at the City of Nashua Department of Public Works on Saturday mornings between the hours of 8:00am and 12:00pm on the following dates: April 7, 2001, May 5, 2001, June 2, 2001, August 4, 2001, October 6, 2001 and November 3, 2001.  He said volunteers were needed from each town for two-hour shifts.  He said if anyone had questions, they could call Betsy Hahn 883-0366 or Sally Highland at 589-3413.  Mr. Lynde asked if a map would be available on line as well as a list of what would be accepted.  Ms. Casey noted that the Stateline Press contained a flyer.  Ms. Casey said they would try to scan on to the website. 

Mr. Pitts announced that the 2000 census numbers had been announced and in 1999 the population was listed as 9,408 and in the year 2000 it had increased to 10,914.

Mr. Bergeron said that the New Hampshire Municipal Association would have copies of Knowing Your Territory available next month.  He noted that the NH Municipal Association would be holding a workshop for Town and City Officials.  He said the Selectperson Institute would be holding four session beginning in June if any of the Selectmen were interested. 

Mr. Farris said he was looking forward to this year as being pro-active in its goals and objectives as last year. 

Mr. McDevitt said he would like to have a further discussion regarding a budget number voted at Town meeting.  Ms. Casey said she had it noted for the next agenda. 

Mr. Lynde informed there was a bill in the legislature to add a fee to septic permits to fund an inspector to review individual towns to ensure that septic disposal requirements were being met.  Ms. Casey asked that he make note to the Planning Board.  Mr. Lynde felt that the Town should be prepared and suggested that Mr. Pitts review. 

Ms. Casey thanked the Fire Department for their work during the recent rain storm.  She also thanked the Highway Department for their diligence as well. 

Mr. Pitts discussed areas in Town which had excessive water during the last storm and asked that people respect the barricades placed on the streets.  He said roads may look as if they could be driven through, but there were underlying circumstances why barricades were placed.  He said an example was that some homes were being damaged by the movement of water from vehicles driving through certain sections.  He reiterated that barricades should be left in place when posted.  Mr. Farris suggested moving barricades back so that drivers could see the warnings earlier.

MINUTES REVIEW

February 20, 2001

MOTION:           (McDevitt/Lynde) To accept the minutes of the February 20, 2001 Board meeting as                                     amended.

VOTE:                 (4 - 1 - 0) The motion carries.  Mr. Bergeron abstained. 

Ms. Casey noted that Ms. Deborah Waters had requested that a Selectmen’s Representative be appointed to oversee the final transaction of the Wolven land transfer.  Mr. McDevitt volunteered.

Ms. Casey noted that the minutes from the February 13, 2001 Board meeting would be reviewed at the next meeting.

REQUEST FOR NON-PUBLIC SESSION

MOTION:           (McDevitt/Bergeron) Request for a non-public session per RSA 91-A:3,II,a (personnel).

ROLL CALL:     Ms. Casey-Yes; Mr. Farris-Yes; Mr. McDevitt-Yes; Mr. Bergeron-Yes; Mr. Lynde-Yes

Ms. Casey noted that when the Board returned, after the non-public session, the Board would not take any other action publicly, except to seal the minutes of the non-public session and to adjourn the meeting.  The Board entered into a non-public session at approximately 8:30 pm.  Also present was Mr. Pitts.

The Board returned to public session.

MOTION:           (           ) To seal the minutes of the non-public session indefinitely.

VOTE;                 (      ) The motion carries.

ADJOURNMENT

MOTION:           (        ) To adjourn the meeting.

VOTE:                 (          ) The motion carries.

The meeting was adjourned at approximately   pm.

                                                                                          Respectfully submitted,

                                                                                          Charity A. L. Willis

                                                                                          Recording Secretary