APPROVED

TOWN OF PELHAM

BOARD OF SELECTMEN

MINUTES

May 1, 2001 

APPROVED – May 8, 2001

CALL TO ORDER

PLEDGE OF ALLEGAINCE

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

MINUTES REVIEW

April 24, 2001    

OPEN FORUM

No persons stepped forward. 

APPOINTMENTS (see below for additional appointment)

Interview for PTV Technician Position

The Board of Selectmen interviewed Mr. Jesse Tellier for a PTV technician position.

Mr. Lynde arrived.

OLD BUSINESS

Consideration of vehicle use policy

Ms. Casey explained there had been a previous discussion regarding the use of Town vehicles after hours.  She said a question had been raised regarding vehicle use by Mr. Tryon (Park and Recreation Director) and Mr. Foss (Highway Road Agent).

Mr. Bob Tryon, Park and Recreation Director appeared before the Selectmen to discuss the vehicle use policy. 

Mr. Farris said he had noticed several occasions in which Mr. Tryon was checking on certain parks after hours.  Based on the location of Mr. Tryon’s residence being close to certain parks, Mr. Farris didn’t feel that traveling back and forth to switch the Park and Rec. vehicle with Mr. Tryon’s personal vehicle made sense. 

Mr. Tryon explained that most of the Park and Rec. programs were in the evening and on weekends.  He said having the Park and Rec. vehicle would be an advantage, but not a necessity.  He discussed the types of advantages for using the Park and Rec. vehicle.  As an example, he said if an instance were to arise and came upon the scene, the Park and Rec. vehicle had identification stickers which would provide him power over a situation, whereas his private vehicle would not.  Mr. Tryon then discussed the equipment carried in the Park and Rec. vehicle and felt that having the vehicle would be an advantage.

Mr. Lynde recalled that the previous Park and Rec. vehicle was not used as transportation and felt that Mr. Tryon should possibly utilize an old police cruiser for such activity since the new truck was purchased as a replacement.  Mr. Tryon said the old vehicle was used in the same manner as the new one is used, with the exception that the old vehicle was not totally reliable.  Mr. Tryon said there were ten miles per day traveled by having to switch vehicles.

Mr. Bergeron wanted to know if other employees used the current Park and Rec. vehicle.  Mr. Tryon answered yes, primarily in the summer.  Mr. Bergeron asked if June through October was the busiest time.  Mr. Tryon said in the past that was true, but the programs have been growing.  Mr. Bergeron asked if equipment was moved primarily by the new vehicle.  Mr. Tryon answered yes. 

Mr. Farris said some of the concern was the use of Town vehicles for private use, but didn’t feel that was happening.  He didn’t feel that utilizing an old police cruiser was an acceptable solution.  He felt that as long as there was justification, a  Department Head should have use of a vehicle. 

Ms. Casey said emergency use had been reviewed and wanted to know from Mr. Tryon if there was a need for Park and Rec. to have an emergency vehicle.  She felt that Park and Rec. had different circumstances than the Police, Fire and Highway Departments.  Mr. Tryon said he didn’t have life saving emergencies, but had received frequent calls when doors or gates had been left open. 

Mr. McDevitt asked what people were currently paid for personal vehicle use for Town business.  Mr. Pitts said the Town paid the current IRS rate of $.32 per mile.  He said it was required that a travel voucher be submitted which stated the purpose of business.  Mr. Bergeron felt that a review should be done to have the personal use of Town vehicles versus reimbursement for use of private vehicles doing Town business. 

Mr. Farris suggested that the policy be discussed possibly be specifically defined to include vehicle use for Park and Rec.

Mr. Don Foss, Highway Road Agent appeared before the Selectmen to discuss the vehicle use policy.  He felt that the Highway Department also acted as a Safety Department.  He then provided examples.  He noted that the Highway vehicles were locked up and it would be difficult to access them for an emergency. 

Mr. Lynde asked how often calls came in for emergencies.  Mr. Foss discussed some of the calls he received and informed that there was not a specific time of year for emergencies.  Mr. Farris asked how long response time was.  Mr. Foss said approximately 15 - 20 minutes.  He informed that he had been taking the Town truck home for eleven years.  Ms. Casey said she did not see a problem with the use of the truck based on the year-round safety issues.  Mr. Pitts added that the Highway truck was equipped with certain safety features such as amber flashers.  He also noted that the Town vehicle would provide Mr. Foss with immediate access onto an emergency scene whereas his private vehicle did not have the same markings. 

The Selectmen then further discussed the vehicle policy.  Mr. McDevitt said he would craft a revised version of the vehicle use policy so there were no personal use issues left for interpretation.  He asked Mr. Pitts the reason that certain paragraphs had been added to the original policy.  Mr. Pitts said that when there wasn’t a policy established it became Department Head or Town Administrator’s discretion which lead to various interpretations.  He felt that having a policy would alleviate any questions. 

APPOINTMENT

Mr. Bob Blinn, President of Pelham Little League, came forward and informed that May 5, 2001 would be opening day of Little League at Muldoon Park.  He invited the Selectmen and Mr. Pitts to opening day ceremony at 9:00 am to throw out the first pitch.  He left balls to be signed by the Selectmen.

NEW BUSINESS

Consideration of Junkyard applications

Mr. Bergeron stepped down.

Mr. Jack Mansur, 76 Dutton Road, appeared before the Selectmen for consideration of his junkyard license. 

Mr. Farris asked if additional work needed to be done regarding erosion.  Mr. Paul Zarnowski, Health Officer said improvements had been done and there was less runoff. 

Ms. Casey asked if the junkyard required a containment facility for gasoline.  Mr. Soucy said there was no fuel on the site.  Mr. Mansur informed that he left the gasoline in the cars when taking apart and had the car hauled away. 

Mr. Lynde asked if the cars were dismantled.  Mr. Mansur said some were.  Mr. Lynde asked what happened to the fluids.  Mr. Mansur said the anti-freeze was recycled and oils were used as fuel in his oil burner.  Mr. Lynde wanted to make Mr. Mansur aware that there was an issue in Concord being discussed regarding old switches, which may contain mercury. 

Mr. Farris asked if all painting had been stopped, and if he intended to resume in the future.  Mr. Mansur answered yes and said he sent everything out to be painted.  Mr. Farris asked if the operation was contained within the plot plan.  Mr. Roland Soucy, Code Enforcement Officer, said Mr. Mansur was operation within the plot plan. 

Ms. Casey read the Health Officer and Code Enforcement Officers comments aloud.  She asked if the Fire Department had any comments.  Chief David Fisher informed that Mr. Mansur had complied with all life safety codes. 

Mr. Soucy informed that Mr. Mansur had been providing shallow water tests for his three wells and each year they have all come back good. 

PUBLIC INPUT

Mr. Bob Talbot, 7 Hobbs Road asked where the vehicles were brought when they were hauled away.  Mr. Mansur said some were made into scrap and the others were picked up and brought to AJ’s and Gendron’s Junkyards.

Mr. Dave Hennessey, 71 Dutton Road asked if the front garage was being used for business.  Mr. Mansur answered no. 

Mr. Lynde made a motion to renew the junkyard license effective May 1, 2001 - March 31, 2002.  Mr. Farris seconded and asked if it should be effective retroactively from April 1, 2001.  Mr. Lynde amended his motion and Mr. Farris amended his second as follows:

Mr. Fred Gendron, 13 Hobbs Road, appeared before the Selectmen for consideration of his junkyard license. 

Mr. McDevitt said a letter had been sent to the DES, which raised additional questions.  He believed that the clarification information was needed from the DES before the Selectmen could discuss further.  Ms. Casey agreed.  Mr. Gendron felt that permits and licensing were separate statues.  He felt that he had complied with the Town’s requirements.  Mr. Lynde informed that there had been a pre-trial conference and a trial date was set in a couple weeks, but there were still issues to be resolved between Mr. Gendron and the state.  He felt that it might impact the operation and felt the Selectmen should wait to discuss further. 

Mr. Farris asked if the yard was currently in operation.  Mr. Gendron said that he was accepting business from local people. 

Ms. Casey informed that the Selectmen would not act on the application until additional information was received from DES.  Mr. Lynde said that the DES would not comment until the Supreme Court case had ended.  At Mr. Gendron’s request, Ms. Casey then read aloud the reports submitted by the Health Officer and the Code Enforcement Officer and the Fire Department.  

Mr. Gendron ended by saying he felt that he had complied with the Town’s requirements and asked for additional consideration.  Ms. Casey said he would be placed on a future agenda. 

Mr. Jean-Guy Bergeron, 184 Marsh Road, appeared before the Selectmen for consideration of his junkyard license. 

Ms. Casey read aloud the comments submitted by the Health Officer, Code Enforcement Officer and the Fire Department regarding the Junkyard, Auto-Body, and Race Car garage.  She then read aloud additional comments made by the Fire Department, which informed that a signed contract had been received regarding the implementation and operation of a complete fire alarm system to be completed by May 31, 2001.

Mr. Farris asked if the recommended changes had been completed.  Mr. Bergeron said anything not already completed would be done by the end of May 2001.  Mr. Farris asked the Fire Chief if the operation would be in compliance by the end of May.  Fire Chief, David Fisher answered yes.  He said the work was being done and said they were working to complete. 

Ms. Casey asked if there was a proper containment facility for gasoline.  Chief Fisher answered yes and explained the type of storage used.  Mr. Lynde asked if the method of draining and catching was also acceptable.  Chief Fisher said yes, if properly used. 

Mr. McDevitt asked if Mr. Bergeron had obtained the National Pollutant Discharge Elimination System permit.  Mr. Bergeron said that he belonged to the Auto and Truck Recyclers Association of New Hampshire, which excluded his property.  He said the EPA further reviewed his property and informed him he did not need the permit because he was not near any water sources. 

Mr. McDevitt felt that there should be a resolution with the EPA and the conditions of the Fire Department should be met.  He suggested granting a 90-day temporary license. 

There was no public input. 

Mr. Bergeron said the paperwork for licenses from the EPA had been applied for, and he was informed that there was no need for him to have said licenses, therefore he noted ‘not applicable’ on his application.  He also informed that all the issues of the Health Officer had been addressed. 

Ms. Casey noted that there had not been an application submitted by the Coombs Junkyard. 

Mr. Bergeron resumed his position as a Selectmen. 

Consideration of Winter Maintenance of Private Roads

Ms. Casey said the Town had made a commitment to plow the private roads until the end of the plowing season.  She said it was now an agenda item early in the year to provide time for residents to find alternate methods of plowing if the Town were to stop.  Mr. McDevitt added that the roads under discussion had been previously deemed emergency ways.  He said there were still private roads in the community that the Town did not plow. 

Ms. Casey said that the Highway Safety Committee reviewed the list of roads previously deemed emergency ways to ensure they were in compliance with RSA 231.59a (Emergency Lanes).  She read aloud a letter received by the Committee which stated that after consultations with the Committee, and site review by Police Department Safety Officer, it was decided that there were no private ways identified as a public welfare or safety interest which surpassed or differed from any private benefit to land owners abutting such lanes in order to be named as emergency lanes.  Ms. Casey read a list of streets that had been deemed emergency ways in 1995 (per archived minutes). 

Ms. Casey then read a summary paragraph provided by Town Counsel, which explained the position the Town was currently in regarding emergency lanes and certain liabilities. 

Mr. Farris believed that residents were only seeking winter maintenance.  Mr. Foss explained that several roads were in bad shape (i.e. narrow, stones, trees) and the plows could not get out.  He said Town equipment had been damaged.  Mr. Farris felt if the Town were to continue plowing there should possibly be perimeters set up.

Mr. Lynde what would happen if the Town didn’t plow the roads.  Mr. Foss said the residents would have to hire a private contractor.  Mr. Lynde asked if a private contractor would have the same problems.  Mr. Foss believed they would.   

Mr. McDevitt read a segment from Town Counsel's letter.  He believed that there should possibly be a Town vote before the roads were accepted as pubic roads.  He was concerned that by plowing and maintaining the roads (per Counsel) that the Town had accepted the roads. 

Mr. Bergeron asked if private roads had associations.  Ms. Casey said that some did.  Mr. Bergeron asked if there had been instances that a private contractor didn’t plow which was the reason the Town was plowing.  Ms. Casey said the public might be able to answer that question.  Mr. Bergeron believed that the Town should not plow private roads.  Ms. Casey noted that since 1995 the Town had plowed the list of streets named. 

Mr. Lynde noted that the topic was difficult.  He suggested that a similar action be taken as on Spring Street Extension, where the road is being converted to a Town road.  Ms. Casey noted that some residents preferred living on private roads, but noted the concern for emergency access.  Mr. Pitts explained how emergency ways had come about and the reason for having them was not to simply benefit those who lived on it, but to serve a higher public good off the road.  Ms. Casey discussed Little Island Pond and explained that the only access was through Massachusetts then Woekel Circle.  Mr. McDevitt noted a past court case in which the court was not persuaded that public safety was the Town’s reason for plowing roads. 

Mr. Farris didn’t believe that private contractors would be reliable.  He also felt that there should be at least one access road to the ponds, but was unsure how to choose which would be the best.  Ms. Casey said Mr. Foss could be consulted.  Mr. Pitts added that if the Town accepted a road to the pond, per Town Counsel, the road might become a public way to the pond.  Mr. Farris discussed the cost to the Town to bring certain roads up to Town standard. 

PUBLIC INPUT

Ms. Ruth Gravel, 29 South Shore Drive, handed out questions and concerns from the residents on South Shore Drive as follows:  1) Why was the action rescinded by the Town and would the law be changed again? 2) If money was the issue, would 10%of the $142,000 paid in taxes be adequate to plow each year?   3) What about the safety, welfare and health of the residents?  4) How would emergency vehicles reach the residents?  Ms. Casey informed that there had not been a decision made and the reason for the discussion was to hear from the residents.

Mr. Tim Doherty, 26 & 29 Wood Road (previously Webster Avenue) He said the neighborhood was small and did not have a lot of representation.  He informed that the power grid went through his road to reach the other neighborhoods.  He wanted to know if the Town granted permission and asked if the Town had inadvertently taken the road by allowing the utilities.  Mr. Doherty discussed the importance of emergency vehicle access due to the amount of wood stoves used in the area during the winter.  He said there was more action in the area during the winter versus the summer.  Mr. Lynde asked how far the road was plowed.  Mr. Doherty said it was plowed to the end.  Mr. Pitts added that he didn’t feel the Town would have given permission, but that the utility companies had imminent domain, the same as the government. 

Ms. Elizabeth Sketler, 30 West Shore Road, wanted to know why the Town couldn’t charge the residents and plow the road, or add the cost of plowing to the resident's taxes.  Mr. McDevitt didn’t believe that plowing could be added to the tax bill based on state laws. 

Mr. Charles Comidier, West Shore Drive, felt the Town was obligated for the Town to take care of the road due to emergency situations.  He said the residents take care of the road in the summer.  He felt that an adjustment should possibly be made on the tax base and use the funds for maintenance.  He believed that the Girl Scout camp was accessible through most of the roads.  He felt the Town had an obligation to the residents because they were paying taxes. 

Mr. Mark Santosuosso, 42 West Shore Drive, commented on the truck damage and felt that the taxes should be reduced if the roads were not plowed.  He asked if the residents signed a petition relieving the Town of future obligations to the road.  Ms. Casey said an additional issue to consider was if the Town continued to plow the roads, the residents would possibly lose their private road status. 

Mr. Comidier asked if the Town had already taken responsibility for the road by plowing for the past few years.  Ms. Casey said per Counsel, it was possible, but not definite.  Mr. Comidier personally didn’t have a problem with the Town making the road public. 

Mr. Santosuosso asked if Counsel could elaborate on their concerns.  He also noted his personal concern regarding emergency access.  Mr. McDevitt again noted that the court made it clear that providing emergency services on the road was not an acceptable reason for maintaining roads.  Mr. Santosuosso asked if a case had arisen specifically due to the lack of emergency service access.  Mr. McDevitt answered no. 

Mr. Bill Lawson, 13 Grace Road, bought a residence in 1996 specifically because the road was plowed. He noted the amount of snowmobiles on the lake and was concerned if the road was not plowed due to possible accidents.  He commended the Highway Department for a job well done this past winter season.  He felt if the roads weren’t opened he would be deprived of the Police and Fire Department for three to four months per year.  Mr. Lawson noted that the Little Island Pond area was not interconnected.  He felt that if the Town did not maintain the roads, it would force residents to move out of their homes due to the lack of emergency access. 

Mr. Pitts said the issue came down to legalities.  He said that taxes were based on property values and waterfront property value was higher.  He said there was a legal issue of public taxpayers, paying for a private road that they were not legally entitled to use.  He was unsure of providing abatement to private road residents.  Mr. Pitts explained that in the event of an emergency, the Town currently used a simulcast emergency call, which went out to the snowplow at the same time an ambulance was notified.  He said the question before the Selectmen was what public funds should pay for, that wasn’t public property. 

Ms. Casey felt there were issues on the lake that needed to be addressed due to the only access being through another state.  She felt the public (not just residents) would be served better if there were emergency ways.  Mr. Lynde recalled the voters turned access to the pond down year ago.  He suggested that the Planning Board or Chairman review the access to the pond and the possibility of accessing through the Girl Scout camp.  He discussed possibly linking up the whole pond. 

Mr. Farris was in a quandary as to how to provide services without creating legal problems.  He felt an additional public meeting was needed to work with residents and be as creative as possible for a solution.  Mr. Bergeron suggested making the road public only in the winter.  Ms. Casey said there was no provision to make roads designated for part time public and part time private. 

Mr. McDevitt suggested going back to the Safety Committee to review winter (and summer) safety issues on the pond itself and make recommendations as to how the Town would access the pond.  Mr. Bergeron asked if there was currently an association road being plowed that granted the Town access to the pond.  Ms. Casey answered no.

Ms. Casey said a decision needed to be decided as to what the next step of action should be.  There was a brief discussion regarding the designation of emergency ways, and it was then decided to have a public hearing in two weeks to finalize the topic. 

The Board took a five-minute recess. 

Award of Paving and Crack Sealing Bids

Ms. Casey informed that recommendations had been received by Mr. Don Foss the Highway Road Agent to award the paving bid to PJ Keating and to award the crack/sealing bid to Crack Sealing Inc.

Review of Contracts for Town Inspectors

Mr. Pitts informed that he had attempted to create a contract that created an employee/employer relationship by specifying exactly what benefits accrued to the positions and which specifies a term.  He said Town Counsel had not yet reviewed the agreements.  Ms. Casey asked that if the agreement was accepted, if it would make the four positions part time.  Mr. Pitts answered yes. 

There was a brief discussion regarding the agreement clauses and it was decided to have Counsel review and then have the Town Inspectors (Building, Code, Electric and Plumbing) review, and come back before the Selectmen in the next couple weeks.

Outstanding Issues for Discussion

Ms. Casey said the following issues were still outstanding and would like to have them added to the agenda within the next couple weeks:

               1) Propane tanks;

               2) Vehicle use policy;

               3) Meet with Mr. Bob Tryon regarding the Summer Program.

Tennessee Gas

Mr. Pitts informed that Tennessee Gas Pipeline asked for a letter from the Town agreeing that Mary Usavich can serve as the public ombudsman.  He then explained what the ombudsman position would entail.  He said that Ms. Usavich was under contract with Tennessee Gas and believed that they had been seeking an independent individual. 

Mr. Farris asked if Ms. Usavich had responded to other issues previously discussed.  Mr. Pitts said she had orally, but not in writing.  Ms. Casey asked if the Town would deal directly with Tennessee Gas if they did not agree to Ms. Usavich being the ombudsman.  Mr. Pitts was unsure. 

Mr. Farris said he was concerned with the project date being pushed back so many times. 

There was a brief discussion and it was decided to seek answers to pending issues as well as relay to Tennessee Gas that it would be preferred to have an ombudsman, which did not have a contractual relationship with Tennessee Gas as their spokesperson. 

Mr. Pitts asked if the Selectmen had any other nomination.  The answer was no.  

Recording Secretary

Mr. Pitts informed that he had received a resume for a Recording Secretary and would like to schedule an interview by the Selectmen at the next meeting.  He asked if he could advertise the hourly rate of $12.90, which was the entry-level amount for a union secretary. 

Ms. Casey asked if all the Recording Secretaries would make the same amount.  Mr. Pitts answered yes.  Mr. Farris asked if the amount was affordable.  Mr. Pitts answered yes. 

Mr. Pitts will send a note to the Budget Committee informing of the pay increase for the Recording Secretary. 

TOWN ADMINISTRATOR’S REPORT/SELECTMEN’S REPORT

Mr. Pitts said the Mr. Bruce Mason, Solid Waste Superintendent attended a seminar NH Resource Recovery Association that covered numerous topics such as propane tanks, textiles, electronics, computers etc. 

Mr. Bergeron said that he had received a report from Mr. Bruce Mason as of April 26, 2001, which informed that the hot top ramp in front of the conveyor windows had been completed.  Quotes for the roll-up doors at the conveyor and compactor opening will be in by Wednesday, May 2, 2001.  He said the two 75-yard trailers were due in shortly. 

Mr. Bergeron informed that the Cemetery Trustees held a meeting April 25, 2001 to review job applications for full-time employees.  They had received four.

Mr. Bergeron ended by saying he attended a seminar April 27, 2001 regarding MtBE issues.  He explained what was discussed and informed that the meeting would be broadcast on Channel 11 within a couple weeks. 

Mr. Farris said that the next CTAC meeting would be held May 14, 2001 to discuss additional contract issues.  Ms. Casey asked if a list of negotiation points would be provided to the Selectmen for review.  Mr. Farris said the list had originally gone to Mr. Epstein but would provide the Selectmen with a copy.  He said there would also be an upcoming performance hearing tied into a Selectmen meeting.

Mr. Farris said the Building Committee would meet this week.  He said the School Board would hold a joint meeting May 9, 2001 with the Selectmen and would provide an answer by May 16, 2001 regarding the School.  Mr. Farris ended by saying that the Muldoon parking layout looked good.

Mr. McDevitt thanked the Garden Club for raking the common and cleaning up the area in front of the Police Station.  He said that Glennie Edwards was not planning on sponsoring a clean-up day, but would possibly consider a clean-up day for citizens to pick up the front of their own yards. He thanked Sunlite Realty and ERA Innovative Realty for the traffic islands on Atwood Road.

Mr. Lynde reviewed the next Planning Board’s agenda for May 7, 2001.  He informed that he attended the MtBE seminar chaired by Senator Smith.  He said there was an open comment period for the next two weeks.   He encouraged individuals to take responsibility.  Mr. Farris asked what people could do regarding stale gas disposal.  Mr. Lynde suggested discussion with Fire Chief. 

Ms. Casey informed that the Budget Committee met but didn’t have a quorum so the next meeting would be held May 10, 2001.  She said the next Master Plan Committee would also be held May 10, 2001.  She said that the Town’s 1991 version of the Master Plan would be available on the web by May 10th.  She also informed that people had e-mailed her regarding the plastics recycling and all were in favor of continuing the recycling at the Transfer Station regardless of the extra cost.  Ms. Casey informed that the hiring process for Sergeant and Lieutenant was continuing at the Police Department.  Ms. Casey ended by saying that she and Mr. Pitts were working on a project to simplifying the budgets.  She said the Budget Committee had been notified of the project, but it would be presented to the Selectmen first. 

ADJOURNMENT

The meeting was adjourned at approximately 10:10 pm.

                                                                                          Respectfully submitted,

                                                                                          Charity A. L. Willis

                                                                                          Recording Secretary