NOT APPROVED

 

TOWN OF PELHAM

BOARD OF SELECTMEN

MINUTES

June 19, 2001 

 

 

CALL TO ORDER

PLEDGE OF ALLEGAINCE

 

PRESENT:

Ms. Deb Casey, Mr. Greg Farris, Mr. William McDevitt, Mr. Harold Lynde (arrived at approximately 6:47pm), Mr. Jean-Guy Bergeron

 

Also present:

 

ABSENT:

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

 

 None.

              

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

 

MINUTES REVIEW

 

Upon review of the June 12, 2001 minutes, the Selectmen wanted to ensure that the first motion made regarding Waiver of Liability for plowing of private ways was clear for residents.  The motion read that a copy of the maintenance agreement and estimated cost of plowing would be sent to the owners of the sixteen existing private roads that had been previously deemed emergency ways.  There was a discussion and it was determined that the cost for plowing provided to the residents, would be the cost charged for the entire season.  Mr. Pitts informed that Mr. Don Foss the Road Agent would assess the cost per mile (based on the Town’s history) for plowing and would provide the information shortly.

 

June 12, 2001

 

MOTION:

 

(Farris/Bergeron) To accept the minutes of the June 12, 2001 Board meeting as amended.

 

VOTE:

 

(4 - 0 - 0) The motion carries.

 

OPEN FORUM

 

None.

 

APPOINTMENTS

 

Interview for Patrolman Position

 

REQUEST FOR NON-PUBLIC SESSION

 

MOTION:

(Farris/McDevitt) Request for a non-public session per RSA 91-A:3,II,b (the hiring of any person as a public employee).

 

ROLL CALL:

 

Ms. Casey-Yes; Mr. Farris-Yes; Mr. McDevitt-Yes; Mr. Bergeron-Yes; Mr. Lynde (arrived at approximately 6:47pm)

 

The Selectmen entered into a non-public session at approximately 6:35pm.  Also present was Mr. Pitts.

 

The returned to public session at approximately 7:12pm.

 

Ms. Casey had Mr. Farris take the gavel for the following motions.

 

MOTION:

 

 

VOTE:

(Casey/McDevitt) To appoint Ms. Ann Perriello as a Police Officer commencing June 20, 2001 to the Pelham Police Department.

 

(5 - 0 - 0) The motion carries. 

 

 

MOTION:

 

 

VOTE:

(Casey/Bergeron) To appoint Officer Joseph Roark to Lieutenant of the Pelham Police Department commencing June 26, 2001.

 

(5 - 0 - 0) The motion carries. 

 

Ms. Casey resumed her position as Chairperson.  She informed that there would be a swearing-in ceremony for Officer Roark at the June 26, 2001 Selectmen’s meeting. 

 

OLD BUSINESS

 

Junkyard Licenses

 

Mr. Bergeron stepped down.

 

Ms. Casey informed that Town Counsel was not able to attend the meeting to discuss the junkyard licenses, but would be present at the next meeting. 

 

Coombs Auto Parts

 

Mr. Pitts said the Code Enforcement Officer had dropped off a cease and desist order on the grounds that they had not applied for a license for 2001.  He said that an application for a license and the required fee was handed in just before the close of business of today (June 19, 2001).  He said the license was last denied because a plot plan was not submitted.  He informed that the application submitted did not include a plot plan.  He asked that the Selectmen take action as to whether or not they could operate.

 

Mr. McDevitt recalled that Mrs. Coombs had previously met with the Selectmen and believed that the understanding was they would take action in the spring.  Ms. Casey also recalled that they were unable at the time to do an adequate plot plan due to the amount of snow on the ground. 

 

Mr. Lynde believed that the Building Inspector was to review the Town owned land and felt the main concern was that they stay on their own property.  He suggested establishing the lot line and buffer.

 

Mr. Farris felt the Selectmen had been fair and lenient with the applicant.  He noted that exact boundary lines were part of the certified plot plan.  He felt that the process and regulations should be adhered to.

 

Ms. Casey read a section of RSA 236:121 which stated the needed process for denying a license. 

 

There was a brief discussion regarding what action the Selectmen would take.  It was decided to schedule a public hearing in accordance with RSA 236:121 regarding the submission of the 2000 application. 

 

Bergeron License

 

Ms. Casey informed that Mr. Bergeron had a 90-day extension of his license, pending life safety issues and a question regarding the storm water pollution.  The Selectmen received a letter today (June 19, 2001) from the Department of Environmental Services (DES).  Copies would be sent to the residents in the area of Marsh Road, Wilshire Lane, Carol Drive, Noella Drive and Mammoth Road near Marsh Road.

 

Mr. Bergeron said he had met with the Selectmen approximately a month ago in which a question was raised regarding a storm water permit.  He said in 1990 or 1992 he had filed with the Auto and Truck Recyclers as a dismantler.  He said in October of 1997, his attorney suggested that he contact Ed Herbert Associates to review the site and the concerns of EPA.  He said that both his attorney and the representative of Ed Herbert Associates spoke with EPA.  He said that all the paperwork had been filed and that he had also provided copies to Mr. Pitts.  He felt the storm water concern was addressed within the filed paperwork.  Mr. Bergeron also noted that the life safety code issues had been done.

 

Ms. Casey read aloud a letter sent to Mr. Bergeron from the Fire Department.  The letter stated that the code violations had been corrected, and after a walk-through it was acknowledged that the life safety codes for the main building of Jean-Guy’s Used Cars and Parts were met with the Fire Department’s approval for licensing. 

 

Ms. Casey informed that a letter had been received today (June 19, 2001) from the DES regarding the status of the report for contaminated drinking water in the neighborhood.  She read a portion of the letter aloud which noted the possible contaminant source areas as follows: 1) area around 180 Marsh Road; 2) area around 199 Marsh Road; and one or more homeowners in the area due to shallow bedrock.  Ms. Casey said the letter included a map of the location, which noted which houses had contamination.  She said that the DES would be sending a copy of the letter to 113 residents of the Marsh Road area. 

 

Mr. McDevitt noted that the letter didn’t provide a fixed source of the contaminant.  Ms. Casey said there was an additional letter received by DES today (June 19, 2001), which she proceeded to read aloud.  The letter reviewed the subject report performed at 180 Marsh Road and required that a site investigation (Level II SI) be performed per section 421.10 of the NH Code of Administrative Rules.  The DES asked that written notice of intent to complete the investigation be received by June 29, 2001 and that the Level II SI report shall be received by DES no later than October 15, 2001. 

 

Mr. McDevitt said he would like a chance to review the letter and to discuss with Town Counsel.  Mr. Farris didn’t have a problem granting a 30 or 60-day extension to come into compliance. 

 

Mr. Bergeron wanted to clarify the portion of the DES letter, which discussed the removal of the floor drains.  He informed that he was not required by the DES to remove the drains, but had voluntarily removed them.  He said the drains had been installed in 1975, when there were no laws against them.  He said the primary use of the floor drains were to catch water from melting snow off vehicles in the winter months.  He informed that in 1997 the DES inspected the drains and found nothing wrong.  Mr. Bergeron said he then asked DES if he would be allowed to completely remove the drains (at his own cost), and have tests done to the soils, water and anything else DES wanted, instead of just cementing the drains.  The DES agreed to the removal.  Mr. Bergeron said that once the drains were removed, tests were done by the DES, and everything tested was under the permitted levels.   He said that as long as he had been in business, he’s complied with the Town and state.  Mr. Bergeron wanted to note that he had the same concerns with the MtBE issues as everyone else and would like to see it banned.  He said DES was still investigating, and he would continue working with them.  Mr. Bergeron ended by saying that he felt his business had done everything to comply and he would like to receive a license. 

 

Mr. Lynde said one concern in the licensing process was that a contamination/collection system should be in place to prevent contaminants from going into the ground water.  Mr. Bergeron reiterated that the drains previously on his property were not used for oil or anything else.  He noted that all anti-freeze was taken off-site.  He said that some of the used motor and transmission oil was drained, and some was sucked out and used in a waste oil burner to provide heat in their dismantling area.  He said the gasoline was drained and used in their cars, trucks and equipment.  He ended by saying that a majority of dismantling was done inside. 

 

Ms. Casey asked if anything had changed with the storm water act that would require him to address any issues further.  Mr. Bergeron gave a brief history and discussed the filing process he followed in 1997 at his attorney and Ed Herbert’s advice. 

 

Mr. McDevitt said he would like a chance to review the material and speak with Counsel.  Ms. Casey said the Selectmen would address his license no later than next week. 

 

Mr. Bergeron resumed his position as Selectman. 

 

Ms. Casey noted that the Selectmen would discuss the Gendron Junkyard with Counsel next week.

 

Discussion regarding the upgrading of private ways to plowable conditions

 

Ms. Casey read aloud a list that noted the quality of the private roads previously deemed emergency ways and the recommended actions to be taken before the roads are plowed.  Mr. Pitts said he would set up a merge letter with specific information for each owner.

 

Mr. Don Foss, Highway Road Agent informed that the cost for plowing Town roads was $2800 per mile. 

 

Mr. Farris asked if small trucks would be used for the smaller roads.  Mr. Foss said that mostly during the storms, small trucks were used. 

 

Mr. Pitts noted his concern of borrowing driveways for plow turn-arounds and suggested sending a second waiver of liability letter to the person whose property would be used as a turn-around.  He also noted that the winter parking ban had not been addressed. 

 

Mr. Farris asked if the winter plow ads had been sent out yet.  Mr. Foss said they would be in the newspaper tomorrow. 

 

NEW BUSINESS

 

Naming of access road to Yarde Metals site

 

Ms. Casey said a request had been received by Yarde Metals through the Planning Department to name their access road 1 Yarde Drive.  Mr. Pitts informed that the Safety Committee didn’t have a problem with the road name.

 

There was a brief discussion regarding the extended road access to the parcel behind Yarde Metals and what address they would be. 

 

 

MOTION:

(McDevitt/Bergeron) To name the access road to Yarde Metals, ‘Yarde Drive’.

 

VOTE:

 

(5 - 0 - 0) The motion carries.

 

TOWN ADMINISTRATOR’S REPORT/SELECTMEN’S REPORT

 

Mr. Pitts informed that Mr. Bruce Mason has requested vacation July 2-6, 2001 and asked that Mr. Larry Neskey be appointed in his absence.

 

 

 

 

 

MOTION:

(Lynde/Bergeron) To appoint Mr. Larry Neskey as Department Head for July 2-6, 2001 in the absence of Mr. Bruce Mason.

 

VOTE:

 

(5 - 0 - 0) The motion carries.

 

Mr. Pitts said that Police Chief Haglund had been elected to the executive board of the NH Chiefs of Police Association.    He said that Tennessee Gas had requested powder bunkers at Raymond Park and been denied.  Mr. Pitts reminded anyone who ran a business in Town to submit an MSDS form with the Fire Department.  He also asked that people be sure to meet the Fire Department when they arrive onto a scene and inform of any known explosives in a structure.  Mr. Pitts said that Dracut would be holding a tercentennial concert, Sunday, June 24, 2001 at the gravel quarry and would place and remove ‘no parking’ signs on Route 38 up to State Line Market. 

 

Mr. Bergeron  read a report dated June 18, 2001 submitted by Mr. Bruce Mason, Superintendent of the Solid Waste Facility in which it stated the new skirt on the office trailer had been installed.  He said that the compactor broke down June 16, 2001 and had to be run manually, but was fixed Monday, June 18, 2001.

 

Mr. Farris noted that the Cable Committee meeting would be held Wednesday, June 20, 2001.  He said the Municipal Building Committee would be meeting Thursday, June 21, 2001. 

 

Mr. Lynde said the Planning Board had a work session June 18, 2001 in which they discussed the bond for Arlene Drive.  He said a request would be coming from the Planning Board to pull the bond and remove an existing barn.  He said there was also an expired bond for Corey, which the Planning Director was pursuing Town Counsel’s advice with how to proceed.  Mr. Lynde noted that a preliminary draft of new subdivision regulations were reviewed.  He asked for the status of the Town Ordinance codification.  Mr. Pitts said the bid had been awarded and a draft agreement would be received in approximately a month.  Mr. Lynde said there was a question regarding the name for Woodlawn Extension.  Ms. Casey said nothing had been received by the Safety Committee.  Mr. Pitts said the Committee was awaiting additional names.  Mr. Lynde asked what the status was for hiring the Fire Department Code Enforcement Officer.  Mr. Farris said he would check into the status.  Mr. Pitts said advertisements had not been sent out yet, but would be shortly.  Mr. Lynde confirmed that a public hearing had been scheduled for the land donation acceptance on Benoit Avenue.  Ms. Casey confirmed it had been done.  Mr. Lynde asked if the process of  replacing Mr. Mitchell as Planning Director had begun.  Ms. Casey answered no.  Mr. Pitts said he was working with Mr. Mitchell to create a timetable to coincide with the termination of his agreement, which the Selectmen would review in the near future.

 

Mr. McDevitt had nothing to report.

 

Ms. Casey informed that the Town received a letter from CLD (Town Engineer) regarding the new elementary school.  She then read the letter aloud which outlined the construction and structural design.  She said that she had met with Mr. Pitts, Mr. Roland Soucy (Code Enforcement Officer), and the Chairman of the School Board on Monday where all agreed to share all information between both boards, the press and the public regarding the new elementary school.  She said that the School Board would hold a meeting Wednesday, June 20, 2001, in which the issues Mr. Soucy brought up would be addressed.  Ms. Casey gave a reminder that June 22, 2001 at the Sheraton Tara,  the VFW would hold the ceremony for Sergeant Road and Officer Pickles.  Ms. Casey informed that the seven-year plan had been received by Park and Recreation for the Selectmen to review during the next week.  She said that she had spoken with Ms. Holly Saurman, one of the Trustees of the Trust Fund who was trying to set up a meeting for July 10, 2001 to discuss the investment policies and to provide a list of the funds and how they may be expended. 

 

 

 

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 8:43pm.  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