APPROVED

TOWN OF PELHAM

BOARD OF SELECTMEN

MINUTES

May 8, 2001 

APPROVED – May 15, 2001

CALL TO ORDER

PLEDGE OF ALLEGAINCE

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

MINUTES REVIEW

May 1, 2001    

OPEN FORUM

No persons stepped forward. 

APPOINTMENTS

Mr. Bill Scanzani and Mr. Darryl Gagne, Men’s Softball League field use

Mr. Darryl Gagne, 137 Sherburne Road and Mr. Bill Scanzani, 1 Victoria Circle appeared before the Selectmen to discuss the utilization of Newcomb Field during the Tennessee Gas Pipeline project.  Mr. Scanzani informed that the Men’s Softball League currently held a seventy-five year agreement for the field  (that commenced approximately 1971 or 1972) which contained a first right of refusal clause. 

Mr. Gagne said he would  provide a schedule to Mr. Pitts.  He said he had been in contact with Mr. Mike Soby regarding the Girls Softball League and has worked out a schedule with him for use of the field. 

Mr. Farris asked how the seventy-five year agreement differed from the agreement the Selectmen were being asked to sign.  Mr. Scanzani believed that the goal of the original agreement was for the creation of the field.  He said the League has taken the responsibility of maintaining the field through private donations and funds raised.  He said they have also worked closely with Park and Recreation regarding improvements. 

He said that when the Town receives a quote for upkeep, Newcomb field has been added and the League cuts a check to the Town for the appropriate expenses.  Mr. Farris reiterated his question.  Mr. Gagne said that the agreement before the Selectmen was signed each year. 

Mr. Farris asked how many Town residents belonged to the League’s teams.  Mr. Gagne said he didn’t have an exact number and noted that the number of teams had been boosted due to advertising.  Mr. Scanzani said the rules did not stipulate the League was only for residents.  He said it was open for residents and employees in Town as well as their relatives. 

Mr. Bergeron asked if the Web site would be continued.  Mr. Gagne said it was updated daily.  Mr. Bergeron asked if the Girls League was included.  Ms. Casey informed that Girls Softball was included under Little League. 

Mr. Lynde didn’t recall signing an agreement in the past and asked if the agreement before the Selectmen was the same as in previous years.  Mr. Scanzani didn’t have a chance to review the agreement yet. 

Mr. McDevitt believed the seventy-five year agreement should be researched and find out if it had been voted by the Town.  He was concerned regarding the parking situation and asked what assurances could be given that parking signs would be followed.  Mr. Gagne said he had asked people not to park up on the street.  He said the Police were helping out.  Mr. Scanzani noted that the parking area had been increased by left field, but the Highway Department had been utilizing part of the area, which was originally designed for parking.  Mr. McDevitt asked if the League was aware of the Town’s alcohol policy.  Mr. Scanzani said they were aware and informed that members sign a waiver which states the League and Town rules. 

Mr. Farris asked what the dates were for the summer and Fall Leagues.  Mr. Gagne said the summer league ended the week before Labor Day and the Fall League began the week after Labor Day and ran until the beginning of November.  Mr. Farris discussed the utilization of the field for the remaining teams in Town.  Ms. Casey noted that the agreement was not exclusive, but the Men’s Softball League had the first choice.  Mr. Scanzani said the field was not fully utilized and suggested that if the Town had ideas for improvements they could work together.  He said the League had discussed in the past adding a sanitary facility.  Ms. Casey felt that Mr. Don Foss, Highway Department and Mr. Bruce Mason, Solid Waste Facility should be included with any discussions involving future needs.  

Mr. Gagne informed that the League used the field four nights a week and possibly three weekends for tournaments.  He said the League was willing to work with other Leagues for use of the field. 

Ms. Casey felt that before the Selectmen signed the agreement before them that they should review and check the information contained in the seventy-five year agreement.  She also said that the League needed to provide a schedule to Mr. Pitts as well as enforce that parking and drinking policy.  Mr. Gagne wanted to confirm that the League could continue with their schedule.  Ms. Casey didn’t see a problem with the League playing.   She said that the Selectmen would revisit the issue in two weeks.

Mr. Bruce Mason, Transfer Station Superintendent, propane tank update recommendations and possible vote

Mr. Bruce Mason, Superintendent reviewed information previously given to the Selectmen.  He read a section from a letter received by the NH Resource Recovery Association, which stated that they knew of no programs, which offered training for devalving except those normally offered for propane industry technicians.  He said there was also a reference regarding storing tanks in which the NRRA suggested keeping the tanks in a fenced-in area.  Mr. Mason said that over the past month the transfer station had received sixty tanks, of which, 6 were 100lb and the remaining were 20lb & 60lb, which, if calculated out,  would cost the Town approximately $3200 over the next year.  However, he could not be sure that the numbers would remain accurate over the summer months when people usually had their tanks filled. 

Mr. Lynde asked what NRRA would charge to take the tanks.  Mr. Mason said $3 - $5 per tank.  Mr. Lynde calculated the total cost to the Town over the next two years to be approximately $9,000 - $15,000 and felt it would be easier to not charge the residents, but to add to the tax bill.  Ms. Casey agreed.  Mr. Farris disagreed and felt a better solution would be to charge a fee.  Mr. Mason discussed the types of fees charged for accepting items such as refrigerators and air conditioners.  He noted that the  transfer station did not charge for accepting tires and felt therefore, that the large amount found on the roadside were from non-residents.  It was his belief that if no fee were charged, there would be a problem with abandoned tanks. 

Mr. Bergeron believed that because of the change in 2002 more facilities would charge a fee, and people would not have a problem paying. 

Mr. McDevitt was against a user fee because it was not good business practice, and it was not auditable.  He felt it opened the possibility in the future for someone to make allegations.  He also felt that a fee would be an inconvenience to taxpayers.  Mr. Mason preferred collecting a fee and believed that people would not mind paying and having the assurance that the tank would be taken care of properly. 

Mr. Lynde felt it would be easier to add the cost to the tax bill because of the change in the law.  He suggested treating this as a common expense, and then sometime in 2002 (after the deadline for new tanks), start charging a user fee. 

The Selectmen discussed for future consideration, implementing a coupon system. 

Mr. Farris reiterated his opinion that a user fee would be a better solution and was concerned that if a tax were added, it would not come off.  Mr. McDevitt disagreed, and pointed out that in his ten years, he did not see things stay on the budget that didn’t belong.  Ms. Casey added that Mr. Mason would have to tighten his budget whichever way the Selectmen voted.

Mr. Mason asked to meet with Mr. Pitts to discuss the storage area and emergency equipment.  He asked the Selectmen to propose a number for his 2002 budget because he didn’t feel that 60 tanks would be the average.  Ms. Casey said that she and Mr. Pitts were working on a solution to help Mr. Mason find the money.  Mr. Mason informed that CFC Removal had offered $2 per tank removal (large tanks might be slightly more). 

Mr. Mason gave a brief update and informed that they had received one trailer and awaited the second.  Ms. Casey said the second trailer should arrive at the end of the week.  Mr. Mason said there were a few bugs, which would be ironed out.  He asked that once the second trailer arrived to have one week to remove existing equipment.  He ended by saying that he had done line striping on the platform so people would be able to identify the slope.

OLD BUSINESS

Consideration of vehicle use policy

Mr. McDevitt explained that there had been a previous discussion regarding Town vehicle use.  He said he had volunteered to add some words to the policy, and in doing so he realized that it should encompass any department head.  He read his suggested language aloud.  Ms. Casey noted that not all department heads lived in the community and asked if the policy would include a provision for not taking the vehicle out of Town.  He said he would like to see it added. 

Mr. Farris wanted to clarify when a department head would need to request vehicle use.  Mr. McDevitt said the intent was to have the Selectmen vote for a one-time approval and the person would be covered from that point forward until revoked. 

The Selectmen discussed the added language to the policy and worked on revising the document further. 

Mr. McDevitt made a motion to accept policy 01-04 as provided this evening.  Mr. Farris seconded for comment.  The Selectmen further discussed amendments to the document.   Mr. McDevitt withdrew his previous motion and Mr. Farris withdrew his second.  Mr. McDevitt then made a motion to accept policy 01-04 with the revisions discussed: 1) Item #1, third line, add a period after the word ‘night’ and strike the remainder of the sentence; 2) Item #1 modify the last sentence to add a period after the word ‘Administrator’; 3) Item #3 twenty minute away provision; 4) Item #4 giving Mr. Pitts more flexibility.  Mr. Pitts suggested also deleting ‘or their department head’ as contained in the first line of Item #1.  Mr. McDevitt amended his motion and Mr. Farris amended his second. 

NEW BUSINESS

Review of Request for Proposals for architectural services for municipal services

Mr. McDevitt informed that the RFP had been drafted then reviewed by the Building Committee who made changes.  Mr. Pitts said that if the Selectmen agreed with the context then it would be advertised in the local newspapers and mailed to local architects to see what comes in. 

Mr. Farris wanted to note that the document was not drafted overnight, but had been in the process since day one, which took a lot of time and effort of many people. 

Mr. Pitts said, if approved, the response time would be until July 20, 2001.  He then discussed some of the points contained within the document and what was being requested.  Mr. Farris pointed out that the work would try to be done under the $30,000 Warrant Article as approved by the Town.  Mr. Lynde asked if the document would indicate the $30,000.  Mr. Pitts said no and explained that the document requests architects submit two sealed envelopes, one that would contain a breakdown of work the architect would do and the second envelope would contain their bid.  He said that would be a way ensuring that the Town would see varied proposals. 

Ms. Casey suggested that the RFP be sent out after the joint session with the School Board to find out what would be happening with Sherburne School.  The Selectmen were in agreement.

Discussion of balances of Warrant Articles

Ms. Casey reviewed the outstanding Warrant Articles.  The Selectmen discussed which items would be turned back to the general fund.

One item was a Warrant Article pertaining to Muldoon Park that contained a remaining balance of $12,000.  Mr. Farris informed that the sprinkler system at Muldoon Park was not operational and asked if the balance of the Warrant Article could be used for repair.  Mr. Pitts read the Warrant Article aloud and concluded that the purpose was for installation, not repair.  Mr. Farris discussed the need for the repairs.  Ms. Casey noted that Mr. Bob Tryon would be meeting with the Selectmen at the next meeting and could discuss further.    There was a consensus that the remaining balance would be returned to the general fund. 

The Selectmen continued to review the list of Warrant Articles.  Mr. McDevitt believed that certain items had expired.  Mr. Pitts will research to find out if the items had indeed lapsed. 

Ms. Casey ended by confirming that Mr. Pitts would report back to the Selectmen regarding: 1) Fire Department dive team; 2) purchase for forestry land; and 3) reforestation of Raymond Park. 

Review administrative code update proposal by General Code

Mr. Pitts provided a sample copy of a critique of code and said he was seeking approval from the Selectmen to request an agreement based on the proposal.  He recommended that all the provisions of the proposal (beginning on page 2 through page 4) were adopted.  He discussed what was included in the estimate and explained how the proposed Internet access would benefit the Town. 

Ms. Casey asked what the amount in the Warrant Article was for the update.  Mr. Pitts said $15,000 and informed that the estimate was approximately $11,750. 

There was a discussion regarding having General Code provide copies of subdivision and zoning pamphlets, which were not included in the estimate.  It was decided to have General Code provide copies of the subdivision regulations for the first year and revisit the issue later. 

Mr. Lynde asked if they would include a trail map of when items were adopted by the Town.  Mr. Pitts said they would include annotations. 

Mr. Pitts asked if there were any provision the Selectmen would like to add to the agreement.  Mr. Farris asked that the payment schedule be reviewed to ensure that final payment was not made until the information was reviewed for completeness. 

There was a consensus by the Selectmen to have Mr. Pitts submit the agreement and order the subdivision pamphlets. 

TOWN ADMINISTRATOR’S REPORT/SELECTMEN’S REPORT

Mr. Pitts informed that a work order had been submitted to CLD (Town Engineer) to begin work on Spring Street Extension.  He said a special assessment fund had been created which would not affect property tax rates. 

Mr. Bergeron informed that the metal pile at the transfer station was not going away fast.  He said one load had been picked up, but there was more there.  He reported that Mr. Bruce Mason attended an NRRA meeting on April 30, 2001, which he brought back information and gave it to Mr. Pitts.  Mr. Bergeron said that between April 3rd and May 3rd, 2001 there had been sixty propane tanks dropped off at the transfer station.  He also noted that a private citizen had collected and dropped off over 100 tires.  He said that one of the transfer trailers had been delivered and striping lines had also been added.  Mr. Bergeron informed that the Board of Adjustment would hold their next meeting May 14, 2001 where two cases would be heard.  He also informed that there would be workshop regarding the hardship criteria (RSA 674:41) held in Salem on May 17, 2001 from 6:30pm - 9pm.  He ended by informing that he would attend session two of the Selectperson conference on May 19, 2001 in Concord.

Mr. Farris said that CTAC would meet Wednesday to set a performance meeting date.  He informed that the sprinklers did not work at Muldoon Park.  He discussed the new parking layout at Muldoon and said that things could be moved and there were still signs that would be put up.  He said that people were parking in areas that they shouldn’t because they were blocking emergency vehicle access to the fields.  He said if it continued, there would have to be a discussion regarding the possibility of a fine that would mean something.  Ms. Casey said she had received numerous complaints regarding the new parking format.  Mr. Farris said there would be additional parking signs added.  Ms. Casey also noted that the Selectmen didn’t have the opportunity to review the design before it was implemented.  Mr. Farris suggested having CLD meet with the Selectmen to discuss the design and correct the problems encountered.

Mr. McDevitt said the Building Committee discussed proposals and discussed visiting towns with similar issues.  He thanked Ms. Ann Hargraves for the plantings in front of Town Hall.  He informed that he and Mr. Pitts went to Muldoon and Raymond Parks to review OHRV problems and reiterated that OHRV use was illegal to use in Muldoon and Raymond Parks.  He ended by informing that there would be an NRPC seminar regarding recent Zoning cases held Thursday, May 10th at 6pm. 

Mr. Lynde discussed what was reviewed during the Planning Board meeting held May 7, 2001.  He said a plan came before the Planning Board (which was continued until June 4, 2001) for Benoit Avenue that contained a proposal for deeding the Town approximately 18 acres of conservation land.  He said the Planning Board would like to know what process should be followed.  He said that there were 7 items remaining on the agenda which would be discussed at the May 21, 2001 Planning Board meeting.  Mr. Lynde then handed out a breakdown, which he reviewed to help better explain the state tax issue. 

Ms. Casey said that there would be a joint meeting with the School Board May 9, 2001 at 8pm.  Ms. Casey said that she, Mr. Lynde and  Mr. Bergeron attended the opening ceremonies for Little League at Muldoon Park, which was a success.  She informed that the Budget Committee would meet May 10, 2001 and would elect officers.  She said that she had asked Mr. Pitts to send a letter to the Trustees of the Trust Funds to meet with the Selectmen, but they had trouble getting a definitive date.  She said an additional letter had gone out stating questions, so the Trustees of the Trust Funds could come to the meeting at the end of May with answers.  She ended by congratulating Ken and his K-9 dogs for receiving accolades across the board in a recent exercise. 

Mr. Pitts asked if the Selectmen had a preference regarding the color of the codebook.  The Selectmen decided to let Mr. Pitts make the decision.

ADJOURNMENT

The meeting was adjourned at approximately 9:05 pm.

                                                                                          Respectfully submitted,

                                                                                          Charity A. L. Willis

                                                                                          Recording Secretary