APPROVED

 

TOWN OF PELHAM

BOARD OF SELECTMEN

MINUTES

October 16, 2001 

APPROVED – July 2, 2002

 

CALL TO ORDER

PLEDGE OF ALLEGAINCE

 

PRESENT:

Ms. Deb Casey (arrived shortly after the meeting started), Mr. Greg Farris, Mr. William McDevitt, Mr. Harold Lynde, Mr. Jean-Guy Bergeron

 

Also present:

 

ABSENT:

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

 

None.

              

Vice Chairman Farris opened the meeting at approximately 6:30 pm.

 

MINUTES REVIEW

 

September 25, 2001 - Deferred to a later meeting. 

 

OPEN FORUM

 

None.

 

APPOINTMENTS

 

Mr. Paul Zarnowski, Health Officer, Waiver of Article K

 

The Selectmen convened as the Board of Health with Mr. Paul Zarnowski as Chairman. 

 

Mr. Paul Zarnowski informed there were three waiver requests submitted by Everett and Gertrude Clark (ML 39-93) of 30 McGrath Road - the designer was Theodore Hatem & Company.  He said the waivers were for 296:16 -  1) setback of well to sewerline, 2) setback to Long Pond, and 3) setback for a leachfield to a well.    

 

Mr. Theodore Hatem, Hatem & Company representing Everett and Gertrude Clark said he had been contacted because of a failed septic system.  He reviewed the lot and discussed the restrictions imposed due to the road location.  He said the neighbors had signed a well release form because of the location of their holding tanks.  He said the other concern was the Clark’s well because it was too close to the setbacks, so they also signed a release.  Mr. Hatem said the proposed setback to the lake exceeded the state’s requirement of 75ft., but not the Town’s requirement of 125ft.  He said the last issue was the location of tank and the fact that it crossed the well line. 

 

Mr. Lynde wanted to know where the existing system system was located.  Mr. Hatem pointed out the location he believed the existing field to be.  He said it was difficult because the lot lines weren’t clear.  Mr. Lynde asked if the neighbor was having trouble with their septic as well.  Mr. Hatem said the neighbor used holding tanks because they were seasonal. 

 

Mr. Bergeron asked how many feet the proposed new tank was from the leaching system.  Mr. Hatem said it was approximately 95ft. and would be encased in concrete or SDR pipe.  He went on to explain how the system would work.

 

Mr. Lynde expressed concern with locating the leach system within a short distance of two wells.  Mr. Hatem said the well releases would be recorded and go along with the deed.  He said that the system would not be much farther away than the existing system.  Mr. Lynde said that normally when a new system went in, they were better, with less threat.  Mr. Hatem believed the proposed system would be better.

 

Mr. Farris wanted to know if a holding tank would be a better option.  Mr. Hatem said the tank would require a waiver and did not believe it would be recommended by Mr. Zarnowski.  Mr. Farris wanted to know if there was an alternative place for the neighbor’s well in case of accidental seepage.  Mr. Hatem said there was and pointed it out on the plan.  He said that the Clark’s had a written agreement to relocate and drill a new well for the neighbor, but he would rather not have an approval based upon that agreement. 

 

Mr. McDevitt wanted to know if the proposed system failed.  Mr. Zarnowski said they would try to correct it in place, and take other actions, such as cut water usage. 

 

Mr. Zarnowski was not concerned with the leach field, but was concerned with the dug well.  The 10ft. of crossing the sewer with the water line was okay because it was standard to encase the pipe in concrete or pipe.  He said the well issue had been addressed over the past month or so, which lead to the agreement between the Clarks and their neighbor to dig a new well.  He said he would like to see the drilled well filled to the guidelines of the Water-well Board.  Mr. Zarnowski said that the proposed system would provide treatment.  He noted the problems with the existing system and did not want it being used for consumption.  He said, if the new system were approved, a note could be added to have the old system disconnected to the domestic plumbing. 

 

Mr. McDevitt said that it appeared that the property was on the market and wanted to ensure that if there was a problem with a dug well it should be taken out.  He was unclear why the owner had not signed the document, which made them responsible for installing a new well for the neighbor.  The owner signed the document and submitted to the Board of Health for the file. 

 

Mr. McDevitt wanted to know if the approval was conditioned upon adding the neighbor’s well, what the recourse would be if it weren’t put in.  Mr. Zarnowski said a condition for approval could be placed on the plan, which would be picked up during the DES review and added onto the approval for construction and would then be picked up by the Town inspector when reviewing the bed bottom.  He said another option would be to incorporate an operational approval through the Town.  Mr. Hatem said that if they had to wait until the well was drilled, there would be an issue with a failed septic system on the waterfront.  There was further discussion regarding the options of the applicant.  Mr. Hatem explained that the well would need to be dug for the neighbor before the leach field was added, because the only way for the rig to access the neighbor’s parcel would to drive across the Clark’s yard. 

 

Mr. Lynde reviewed the required waivers and made the following motions:

 

MOTION:

(Lynde/Farris) To grant a waiver to Article 295:16 to: 1) allow the location of a new leach field at a distance of less than 125ft. (Town’s requirement) from an open body of water (the state’s requirement is 75ft.); 2) allow the location of a leach field at a distance less than 75ft. from existing drilled well on the same property; 3) allow a distance of less than 10ft. where the septic line crosses over the water line.  The conditions for the motion are as follows: 1) those specified on the drawing presented to the Board on October 16, 2001; 2) septic line crossing be encased in either concrete or SDR-26 pipe; 3) a drilled well be located on the Welsley property at a distance greater than 75ft. from the proposed leach field; 4) the existing dug well on the Welsley property be closed off in accordance with state requirements; 5) plumbing fixtures in the existing property of the Clark’s be brought up to existing standards with low-flow fixtures and low-water usage toilets. 

 

VOTE:

 

(5 - 0 - 0) The motion carries.

 

The Board of Selectmen reconvened. 

 

Ms. Mary Usovich, Close out of Tennessee Gas Pipeline project

 

Ms. Mary Usovich, Tennessee Gas met with the Selectmen and informed that Tennessee Gas Pipeline met the deadline of October 1, 2001.  She said that they were now doing last minute details.  She thanked the residents, the Town departments and the Selectmen for the co-operation that had been given during the project.  She discussed the types of things left to be completed and wanted to know if there were any concerns or issues.

 

Ms. Casey arrived.

 

Mr. Farris said there were a couple of places that excess hot top was left and would like it cleaned up.  Ms. Usovich said that she would make sure the hot top was removed.  She informed that they would be in touch with the residents that had the landscaping to ensure that the plants planted well.  She wanted to write a report to the Attorney General informing that the majority of the project was complete and Tennessee Gas would continue to monitor certain areas, as agreed upon. 

 

Mr. McDevitt said the gate that had been installed on Mammoth Road going into Raymond Park was not sturdy, and had since been broken.  He asked that a sturdy replacement gate be added.  Ms. Usovich said she would have a replacement gate installed. 

 

Mr. Bob Tryon, Park and Recreation Director, said that they would like assurance that in the spring if the seeding and/or sod didn’t take it would be either cross-seed or slice-seed.  He also wanted assurance if the irrigation system didn’t function property, that it would be reviewed.  Mr. Tryon ended by saying there was a clearing on a hill at Mammoth Road (at the stateline store), which may have eliminated the OHRVs, but may have created a potential problem with snowboarders in the winter.  Mr. Farris believed the area was private land and was unsure what actions could be taken.  Ms. Usovich needed direction as to what deterrent should be added.  Mr. McDevitt agreed with the issue, but felt that the landowner should be responsible for fixing the problem. 

 

Mr. Lynde wanted to know where the check valve was located.  Ms. Usovich said the check valve was at Muldoon Park.

 

Mr. Farris noted that Tennessee Gas would be available, if there were any concerns that arose.

 

Mr. Farris turned the meeting over to Chairperson Casey.

 

OLD BUSINESS

 

Consideration of prescribed operating hours included in the Junkyard and Automotive Recycling Regulation

 

Mr. Bergeron stepped down. 

 

Mr. McDevitt said that Mr. Pitts had forwarded an e-mail response from Town Counsel regarding the operating hours for junkyards.  He said that there was a suggestion in the correspondence if the regulations were changed with regard to the operating hours, it would be discriminatory and would not hold up in court.  Mr. McDevitt suggested that the junkyard regulations remain as they were written.  Mr. McDevitt asked that the owners of junkyards and/or automotive recycling facilities be respectful of their neighbors.

 

Mr. Bergeron returned to the Board.

 

APPOINTMENTS CON’T...

 

Mr. Bob Tryon, Parks and Recreation Director, and Mr. Dave Cate - Fee increase

 

Ms. Casey noted that Park and Recreation predicated the budget with a fee increase.  She said that he provided reasons for the expansion of fees. 

 

Mr. Bob Tryon, Park and Recreation Director informed that Mr. Dave Cate would not be able to attend the meeting.  He said that Park and Recreation ran a summer playground program, which was constantly expanding in population.  He said the factors for requesting a fee increase was: 1) based upon charges other communities charged for similar programs; 2) anticipated additional staff and equipment; 3) not to overburden the pubic with a tremendous increase.  He said the increase would be $150, therefore charging $300 per camper, for six weeks.  He said if the fee were broken down to hourly and weekly, Pelham would still be lower than surrounding communities.  He said a discount would be given for families with more than one child in the program.  Mr. Tryon said that scholarships would be available, so that a Town resident would not be refused, due to a financial problem. 

 

There was a brief discussion regarding the increase in fees.  Ms. Casey asked that an expanded job description be added to the backup paperwork.  Mr. Farris noted that the increase in fees would be offset by the new equipment being purchased.  Mr. McDevitt said he attended the Park and Recreation Advisory meeting when the fee increase was proposed, and there was no opposition.

 

MOTION:

(McDevitt/Lynde) To accept the request of Mr. Bob Tryon to move the summer camp fee from the current $150 per child to $300 per child, with the understanding that there are additional discounts given for more children from the same family. 

 

VOTE:

 

(5 - 0 - 0) The motion carries.

 

OLD BUSINESS CON’T...

 

Update on plowing of private roads

 

Ms. Casey said that several of the agreement documents had been received regarding the Town plowing private roads.  Mr. Pitts informed that Little Island Park had a situation where half the street wanted the Town to plow, and half did not.  He said that from Spring Street turning right onto Little Island Park did not want to be plowed, but from Spring Street turning left and all the way to the water wanted to be plowed.  He said that there was a request to pay approximately half the fee.  Mr. Pitts noted that the Highway Agent, Mr. Don Foss did not object with the recommendation. 

 

PUBLIC INPUT

 

Mr. Ergendino Perrone, Little Island Park, he said there were two people that lived on the lower portion of the street and three people on the upper portion.  He said he and his neighbor would like to pay the money and be plowed out.  Ms. Casey said there was no objection to plowing the lower half of Little Island Park.  Mr. Perrone gave Mr. Pitts a check for his portion of the plowing.   

 

Ms. Casey noted which streets had submitted the money and agreements to the Town.  Mr. Pitts said that he and Mr. Foss conducted a re-inspection of the streets and found that certain street were still unsatisfactory.  He said a reminder letter would be sent to the streets that were still unacceptable.  He said the Jones Road letter did not include all the detail and therefore suggested that an extension be granted.  Ms. Casey wanted to set up a time limit for streets to submit the agreements and checks, excluding Jones Road.  The Selectmen agreed.

 

Ms. Louise Schmidt, West Shore Drive wanted to know what needed to be done to make the road satisfactory.  Mr. Pitts said there were still significant washouts and potholes.  Ms. Schmidt said that gravel had been added.  Mr. Pitts recognized that gravel had been added, but said more work was needed.  Mr. McDevitt wanted to communicate that residents could contact either Mr. Pitts or Mr. Foss to come out and review the road.  There was a brief discussion regarding the road drainage and where it originated.  Mr. McDevitt said there were remedies available if residents were being effected by an abutting parcel’s drainage.  Mr. Lynde said if the drainage were natural flowing there would be no recourse, but if the abutting parcel’s development cause the drainage, there would be recourse.  Ms. Casey believed that a development caused the drainage.  She suggested speaking with Mr. Foss to find out exactly what needed to be done.  She said the deadline for fixing the road was November 1, 2001.   

 

Reconsideration of various budgets

 

Ms. Casey said she would like the Selectmen to reconsider some of the budgets.  She believed that there were mistakes made, which had since been discovered and corrected.  She asked that the Selectmen revote the budgets.  Ms. Casey reviewed the Elections Budget.

 

MOTION:

(Lynde/McDevitt) To reconsider the Selectmen’s action regarding the Elections Budget.

 

VOTE:

 

(5 - 0 - 0) The motion carries.

 

MOTION:

(Lynde/McDevitt) To adjust the Elections Budget: 1) from $3710 to $9600 to reflect the already approved increase in Ballot Clerk and Supervisor of the Checklist stipends; 2) to reflect the change from Town Clerk to the Election Budget for the cost of ballots; 3) to reduce the cost of equipment rental to reflect the cost of renting one ballot machine.

 

VOTE:

 

(4 - 0 - 1) The motion carries.  Mr. Farris abstained. 

 

Ms. Casey reviewed the Town Clerk’s Budget and said that $5000 for the sample ballot was being taken out and placed where it belonged into the Elections Budget.

 

MOTION:

(Lynde/McDevitt) To reconsider the Town Clerk’s Budget. 

 

VOTE:

 

(5 - 0 - 0) The motion carries.

 

MOTION:

(Lynde/McDevitt) To decrease the Town Clerk’s Budget by $5000 from $94,777 to $89,777 to reflect the $5000 transfer from the Town Clerk’s Budget to the Elections Budget.

 

VOTE:

 

(4 - 0 - 1) The motion carries.  Mr. Farris abstained.

 

Ms. Casey reviewed the Selectmen’s Budget regarding salaries.  She said that the non-union pay increases for Park and Recreation were already included in the Park and Recreation Budget, and therefore, should not be included in the Selectmen’s Budget.  She reviewed the backup paperwork and said that the numbers were incorrectly noted.  She asked that Mr. Pitts re-review the budget figures and report back. 

 

Ms. Casey said that the Tax Collector’s budget might need to be re-reviewed after a meeting with BMSI.  She said the need for computer hardware removal was going to be reviewed. 

 

NEW BUSINESS

 

Award of Traffic Study project to Contractor/Engineers

 

Mr. Lynde had raised a concern based upon a local resident’s comments.  He provided the resident with two of the three bids, but had since provided the third bid from GEOD.  He said the resident agreed with the decision and provided some minor comments for Selectmen review. 

 

Everett Toll/Turnpike

 

Ms. Casey said a letter had been received from the Merrimac Board of Selectmen requesting support in their request to Governor Shaheen to remove the Merrimac ramp tolls out on the Everett/Everest Turnpike. 

 

Mr. Pitts said that he spent five years in the Merrimac Town Hall, and had been sent to the Legislature to request that the tollbooths be removed.  He said that Merrimac was the only town in New Hampshire where the residents had to pay a toll to use the Turnpike within their own community. 

 

There was a brief discussion and it was decided that since each Selectmen had received a letter, it would be an individual choice, rather than a consensus vote to either support or not support Merrimac’s request. 

 

Conservation Commission

 

Mr. McDevitt said he had declined appointment to Conservation Commission because their meetings often conflicted with other meetings that he attended.  He said that there was a rumored resignation, which would put Conservation below a quorum, even if everyone showed up.  He requested that the Selectmen appoint him as a member of Conservation Commission until they had other members join. 

 

MOTION:

(Farris/Lynde) To appoint Mr. McDevitt to the Conservation Commission as a voting member until Mr. McDevitt came back to the Selectmen and informed that there was a sufficient number of members and he was no longer needed to be a voting member. 

 

VOTE:

 

(4 - 0 - 1) The motion carries.  Mr. McDevitt abstained.

 

TOWN ADMINISTRATOR’S REPORT/SELECTMEN’S REPORT

 

Mr. Pitts said that a resident was concerned with a suspicious letter and called the proper authority.  After testing, it was determined that no Anthrax was involved.  He said that there had been four additional calls.  He said that a procedure was in place for responding to the calls and situations would be dealt with as possible threats.  Mr. Pitts provided the Selectmen with the resumes for a Community Development Director.  He asked that comments be returned to him as soon as possible.  Mr. Pitts said that there had been less than ten applicants for the Fire Inspector/Code Officer position due to the stringent requirements. 

 

Mr. Bergeron said that he met with Superintendent Bruce Mason of the Solid Waste Department who informed that certain areas had been patched with hot top.  He said that the last hazardous waste collection in Nashua would be November 3, 2001.  He said that Mr. Mason would be at the Budget Committee meeting on Thursday at 8pm.  Mr. Bergeron said that the Cemetery Trustees held a meeting on October 10, 2001 and would be speaking with CIP and the Budget Committee to discuss the building needs for the Cemetery.  Mr. Bergeron informed that the Board of Adjustment was still seeking alternates. 

 

Mr. Farris had no official report.  He thanked Ms. Diane Wholey for her time.  He said that Ms. Wholey had driven the bus for the school sports team for years and wanted to recognize her dedication. 

 

Mr. Lynde informed that the Planning Board held a work session and discussed their process with the Police and Fire Chief.  He said they were also discussing a re-write of the Subdivision Regulations.  He went on to discuss the other agenda items discussed during the Planning Board meeting. 

 

Mr. McDevitt informed that Breadloaf Corporation spent the day reviewing the Town’s buildings.  He believed that the Town hired the right company.  He said that the Building Committee would be meeting and Breadloaf would attend to lay out some tentative directions.  Mr. McDevitt said the garden club was interested in installing granite curbing in front of the Library.  He said there would either be a petition, or the club would meet with the Selectmen.  Mr. McDevitt informed there would be a Halloween Dance at the Trolley Barn on October 26. 2001. 

 

Ms. Casey said that Halloween would be held on October 31, 2001 between the hours of 5pm-7:30pm.  Ms. Casey said she observed the haz mat team when they checked into the Anthrax scare and was impressed with the response.

 

REQUEST FOR NON-PUBLIC SESSION

 

MOTION:

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

 

ROLL CALL:

 

Ms. Casey-Yes; Mr. Farris-Yes; Mr. McDevitt-Yes; Mr. Lynde-Yes; Mr. Bergeron-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 8:47 pm.  Also present was Mr. Pitts, Town Administrator. 

 

The Board returned to public session at approximately      pm.

 

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