NOT APPROVED

 

TOWN OF PELHAM

BOARD OF SELECTMEN

MINUTES

April 3, 2001

 

 

CALL TO ORDER

PLEDGE OF ALLEGAINCE

 

PRESENT:†††††††††† Ms. Deb Casey, Mr. Greg Farris, Mr. William McDevitt, Ms. Deb Casey, Mr. Harold †††† ††††††††††††††††††††††††††††† Lynde (who arrived at approximately 6:40 pm)

 

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.

 

MINUTES REVIEW

 

February 13, 2001

 

MOTION:†††††††††† (Farris/McDevitt) To accept the minutes of the February 13, 2001 Board meeting as ††††† ††††††††††††††††††††††††††††† amended.

 

VOTE:†††††††††††††††† (3 - 0 - 1) The motion carries.Mr. Bergeron abstained.

 

March 20, 2001

 

MOTION:†††††††††† (McDevitt/Bergeron) To accept the minutes of the March 20, 2001 Board meeting as ††† ††††††††††††††††††††††††††††† amended.

 

VOTE:†††††††††††††††† (4 - 0 - 0) The motion carries.

 

OPEN FORUM

 

No persons stepped forward.

 

APPOINTMENTS

 

Signingof Union Contracts

 

The Selectmen signed the Support Staff Contract.

 

Mr. Lynde arrived.

 

Sue Hovling - Appointment of Council on Aging Members

 

Ms. Sue Hovling said the list of people for the Council of Aging was impressive.She asked that the Selectmen appoint the recommended people on the list.

 

MOTION:†††††††††† (McDevitt/Farris) To appoint the following people on the Council on Aging with a term ††††††††††††††††††††††††††††† beginning April 2001 - March 2002: Frank W. Atwood, Herbert S. Currier, John B. Davis, †††††††††††††††††††††††††††††††††††††††††††† Blanche A. Forest, Marcel T. Jennings, Eleanor Ingram, Michael Marcinkowski, Richard †††††††††††††††††††††††††††††† Moore, Otis Tinkham, Jr., Virginia Tinkham, Charlotte Guibonier

 

VOTE;†††††††††††††††† (5 - 0 - 0) The motion carries.

 

Interview for Zoning Board of Adjustment - Mr. Peter McNamara

 

Mr. Peter McNamara, Jeremy Hill Road was seeking re-appointment on the Zoning Board of Adjustment for a three-year term.Mr. Farris asked if the Zoning Board was too easy when granting variances and if there was something to be done to make it harder.Mr. McNamara informed that the circumstances had changed with the recent Simplex case.He said that the court had made the five criteria so difficult that it was nearly impossible to grant a variance, but the court has since recognized the difficulty, and basically thrown out the five criteria and replaced with relaxed criteria.Mr. Bergeron confirmed that the Town ordinances and zoning would be reviewed along with applying the state laws.Mr. McNamara answered yes, that he would apply all applicable law.Mr. Bergeron asked if the Board of Adjustment was non-biased and non-political.Mr. McNamara said each person had different views such as interpreting hardship.He felt the members would continue with their different opinions based on the new criteria, but he believed it was a good process.

 

Ms. Casey what Mr. McNamara felt about the time he spent interacting on the Planning Board versus his time on the Zoning Board.Mr. McNamara felt the interaction with the two Boards provided him with a better understanding of the issues.He explained that the nature of the Boards were different, and that Planning had to follow a certain path and if people had met all the hurdles, whereas Zoning was more judicial.Ms. Casey said she had served with Mr. McNamara on the Planning Board during the past year and said felt that it was a good addition to have him serve on both Boards.

 

MOTION:†††††††††† (Lynde/Bergeron) To reappoint Peter McNamara as a permanent member on the Zoning †††††††††††††††††††††††††††††††††††††††††††† Board of Adjustment for a term of three years.

 

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

 

Sergeant Roark - Regional Swat Team

 

Sergeant Roark began by saying that Chief Haglund wanted to be present, but was not available.He said that the Chief had asked him to go before the Selectmen and speak about the regional team.He began by informing there had been a regional swat team in existence since 1998 and the Police Department were seeking permission to have two officers join it.

 

Sergeant Roark gave a presentation which outlined the need for Pelham to be involved with a regional team.ATTACHMENT #1.

 

Mr. Farris asked what would happen if one or both of the team officers were on duty at the time a call came in for the need of the team officers.Sgt. Roark said a group 911 overtime page would go out and the off-duty officers would respond.

 

Mr. McDevitt asked who would be in command on a scene when a group of officers were called in.Sgt. Roark said the officers would only respond to the agencies which were part of the cooperative.He said the Chief (or designated senior officer) of the local department would be in charge of the scene and would coordinate with the team director.

 

Ms. Casey asked if the state police could still be called even if the Town were part of the regional team.Sgt. Roark informed that the state police supported the regional concept.

 

Mr. Farris asked if the regional team would respond to such things as bomb scares in the schools.Sgt. Roark answered yes and informed that the regional team was trained on all the layouts of the schools and municipal buildings in Town.

 

Ms. Casey asked if they would require more than the minimum eight hours oftraining per month.Sgt. Roark answered no.He explained that the requirement was 10% of the department which would be two officers.He said in the future Pelham may be asked for three officers, but for now the ERT team would be seeking the extra men from the larger divisions.

 

Mr. McDevitt confirmed that presently the cost was $2500 per year.He asked what the anticipated future costs would be and he also asked about the equipment and if there were currently people trained for the group.Sgt. Roark said some people had been previously trained in the SWAT basic training.He said a lot of the equipment had already been acquired.

 

Mr. Farris asked what the cost would be to have two officers out for training.Sgt. Roark said if the officers were getting their training during their shift, they would be paid straight time, whereas the officer filling in for them would be paid overtime.

 

Ms. Casey asked if the Town would pay for state police assistance.Sgt. Roark answered no.Mr. Farris asked if he was more comfortable with the unit rather than the state. Sgt. Roark answered yes and gave a recent example of why an ERT team was needed.

 

Mr. Lynde asked the Sergeant to explain the training process and wanted to know if there was additional training for negotiating.Sgt. Roark gave a brief explanation of the training needed and said he believed that negotiators had to be at least sergeant and possibly lieutenant.Mr. Lynde asked if a negotiator would be always be present.Sgt. Roark said it depended upon the type of operation.

 

Ms. Casey asked if there was a time frame for commitment.Sgt. Roark believed the term was one year with a 30-day period to back out.

 

Mr. Farris asked what additional equipment would need to be procured.Sgt. Roark gave a brief description and believed that the cost would be less than $1000.

 

Mr. Bergeron asked how many teams were within the state.Sgt. Roark said there was one.Mr. Bergeron confirmed that one of the reasons for the ERT was the time factor for state help.Sgt. Roark answered yes.

 

Mr. Lynde said he would like to have an evaluation of the program after a year to provide information of the strengths and weaknesses.Sgt. Roark said he would come back before the Selectmen in a year.

 

Ms. Casey said she supported the team and felt that due to Pelhamís location in the state it would be an asset to the community.Mr. Farris also was inclined to support having Pelham as part of the ERT.

 

MOTION:†††††††††† (McDevitt/Farris) To authorize Chief Haglund to enter into an agreement with SNHOU as ††††††††††††††††††††††††††††† outlined by Sergeant Roark.

 

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

 

OLD BUSINESS

 

Ms. Casey informed that last year it was mentioned that the Board would like to see Salem 66 remove equipment from the water and that this year during the high water they had removed all the equipment.Ms. Casey thanked them.

 

NEW BUSINESS

 

Consideration of proposed Town investment policy

 

Mr. Pitts said the Town Treasurer had reviewed and concurred with the policy.He said the law requires that all Towns have a policy.He said the policy had been reviewed by Legal Counsel and the Finance Officer.

 

Ms. Casey asked what the purpose of the policy was.Mr. Pitts said per RSA 41:29 that the Treasurer would 1) ensure safety of the funds and that the principal was protected; 2) ensure investments have a prescribed term to meet cash requirements of the Town; 3) the best rate of return was received after safety and term.

He said it would apply to any monies invested by Treasurers as well as trustees of the trust funds.

 

Mr. Farris confirmed that the trustees of the trust funds were the elected body to handle trust fund monies and what the Treasurer would handle was separate from that money.Mr. Pitts answered yes.He said that the policy would be reviewed annually by the Treasurer (or someone designated by the Selectmen).Mr. Lynde asked if a similar policy would be in place for the trustees of trust funds.Mr. Pitts believed that the Selectmen could make the decision, but he said he would have Counsel review.

 

Ms. Casey confirmed that the recommendation by Mr. Pitts was to adopt the policy, and at some point before June 30, 2001 the Treasurer and someone appointed by the Selectmen would review the investment policy.

 

There was a brief discussion regarding the need for the policy.Mr. Pitts informed that the Town was basically following the policy, but it had not been previously put in writing.

 

The Selectmen decided to review once Counsel had reviewed and determined if trustees of trust funds should be included and have a similar policy.Ms. Casey said she would add the discussion to the next agenda.††

 

Goals and Objectives

 

Ms. Casey reviewed the list of goals and objectives.She noted the issues that had received the majority of votes: ††† 1) Municipal space needs;

†††††††††††††† 2) Recycling at the transfer station (an possible implementation of a swap shop);

†††††††††††††† 3) Park and Recreation 5-year plan;

†††††††††††††† 4) Code enforcement and follow up on illegal junkyards;

†††††††††††††† 5) tax stability;

†††††††††††††† 6) fiscal year feasibility.

 

The Board continued to review and discuss the list which included such things as: department organization; better communicating with boards, departments and voters; Town trails; less Warrant Articles; Town Center congestion; Castle Hill Bridge closure; water and sewage; Master Plan; road system; continuity of street naming; emergency way clarification; water tests; business growth; cable contracts

 

There was a brief discussion regarding emergency ways and it was suggested to have a public discussion and then the following week decide upon action.

 

Ms. Casey said she would like to start picking at the list and possibly start with the transfer station then move on to municipal space and have a joint discussion with the School Board.Mr. Farris felt the Building Committee had a strong agenda and would like to get a definitive answer from the School Board regarding their plans.Ms. Casey also felt that as part of Park and Recreationís five-year plan, the trustees of the trust funds should meet with the Selectmen to give an update.

 

Ms. Casey asked if a response had been received from Windham regarding the closure of the Castle Hill bridge.Mr. Pitts said a letter had been sent, and they had stated opposition to the closure.He said that NRPC would place a counter on the bridge.

 

Ms. Casey felt that the Warrant Articles for Town Center study and Municipal Building studies should begin so that the results could be reviewed for a possible Warrant Article.

 

Amended 2001 operating budget

 

Ms. Casey said the operating budget had been overstated and believed that it needed to be reviewed as to where the monies would be placed so that it didnít get spent.She believed that exact dollar amount should be determined and removed from the operating budget so that it would not be spent.Mr. McDevitt explained that the overstated amount was simply a mistake and believed that the money should be set aside so that it would not be spent.

 

Mr. Lynde suggested that the budget be based upon what was intended instead of what was in the account.

 

It was determined that the overstated amount was $37,392.Mr. Pitts said the department heads had been informed that their departmental limit was what came out of the Budget Committee.He said in the reports the $37,392 needed to be accounted for because it had been appropriated.He confirmed that the Selectmen wanted to ensure that it would not be spent and would be surplus at the end of the year so it would then go into the retaining fund balance so it could be returned to voters who paid it.He said a line item that would not be expended.The Selectmen agreed.

 

Ms. Casey recommended a letter be sent to the Budget Committee so they would understand what the Selectmen were doing.Mr. Pitts clarified that the error was unintentional, and nothing illegal or improper had occurred.

 

TOWN ADMINISTRATORíS REPORT/SELECTMENíS REPORT

 

Mr. Pitts informed that Bay State Gas would be closing their Lawrence office effective June 1, 2001.He said that he had received inquiries of whether or not Adelphia had complied with proper notification of rate changes and line up.He said they notified their customers through a brochure.

 

Ms. Casey said it had been mentioned on the Town website that the Selectmen had some say over Adelphia rate changes.Mr. Pitts gave a brief explanation in which he said the Cable advisory committee and the Selectmen could not set rates.He said the only thing they had the authority they had was to review the cable companyís submission of rate increases on the lowest tier level.

 

Mr. Lynde informed that at the last Planning Board meeting they had their election of officers in which Victor Danevich would remain Chairman, Paddy Culbert was elected Vice Chairman, and Bill Scanzani was re-elected Secretary.He gave a summary of the plans reviewed by Planning and said that some of Conservations comments had been implemented.He said they would do a site walk Saturday at 8:00am on the proposed subdivision on Benoit Avenue.He informed that their next meeting would be a work session held April 16, 2001 and that on May 24, 2001 they would be holding a special meeting for second graders.

 

Mr. McDevitt informed that he attended a meeting March 29, 2001 for the League of Women Voters in which Judith Bush discussed the community profile.He said they would be holding a meeting April 9, 2001 at 7:30pm to further the discussion.He felt it was a worthwhile program.He also noted that there would be a Municipal Building Committee meeting tomorrow (April 4, 2001) at 7:30pm located at the Senior Center.

 

Mr. Farris said the Municipal Building Committee has held their first meeting since the Town vote.He said they would be reviewing how to coordinate with the architects.He informed that CTAC was still in negotiations with Adelphia and the goal of the group is to obtain the best agreement possible and ensure that Adelphia is in compliance with the existing agreement.

 

Mr. Farris informed that he had met with Fire Chief Dave Fisher who informed that the department had begun the hiring process for the paramedic.He said the Chief felt the hardest position to fill would be the code enforcement officer.He said that when hired, the officer would meet with Roland Soucy the Town Code Enforcement Officer so that they could alleviate some of the responsibilities of Mr. Soucy.Mr. Farris said that the Chief didnít mind the Selectmen having the final decision on road names, as long as the Safety Committee had an opportunity to review.He said they also discussed signage throughout the Town and will possibly have requests brought to CIP.He ended by saying #1 Engine had a slight accident in which the tail light was damaged.

 

Mr. Bergeron said he had met with Bruce Mason the superintendent at the Transfer Station and was informed that the retaining wall and concrete pad had been completed, and the opening for the compactor had been cut.He said that Waste Management was hauling the two compactor boxes separately because they had been sited for being overweight.He informed that the Town would be charged by splitting double-haul costs, which would not incur any additional charges.

 

Mr. Bergeron said he, Mr. McDevitt and Mr. Pitts attended a meeting regarding the resurfacing of Route 38.He said there were many concerns from residents and business owners regarding the cuts and openings onto Route 38.He said the repaving of Windham Road was also discussed.He also informed that the Board of Adjustmentís next meeting would be held April 9, 2001.

 

Ms. Casey discussed House Bill 429, which would take ownership of arbitration out of the hands of local officials.She asked that information be obtained and addressed at the next Selectmen meeting.

 

Ms. Casey said the Planning Director had requested that dead end roads end with Ďcourtí.She suggested that at the next meeting the Selectmen perform an interview for the Code Enforcement Officer and Building Inspector.

 

Mr. Farris asked if the exaction obtained for Jericho Road would be impacted by the stateís project.†† Mr. McDevitt believed that the intersections of Willow Street and Main Street would be altered, not Jericho Road.

 

REQUEST FOR NON-PUBLIC SESSION

 

MOTION:†††††††††† (Farris/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 8:40 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