March 5, 2002

APPROVED – March 19, 2002






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


Also present:



Mr. Pat MacQueen, Interim Town Administrator, members of the press and general public.




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




February 19, 2002



(McDevitt/Bergeron) To approve the February 19, 2002 minutes as amended.




(5 - 0 - 0) The motion carries.




Mr. John Kacavas of Manchester addressed his candidacy for Executive Counsel.  He gave a brief biography and discussed the role of an Executive Counselor.  His belief was that partisanship did not have a role in many of the decisions to be made. 


PUBLIC HEARING - To consider an addition and a revision to the impact fee methodology to cover fees associated with the construction of the Fire Station Facilities


Mr. Bill Scanzani met with the Selectmen and spoke on behalf of the Planning Board.  He discussed the reasons impact fees were put in place in Town.  He said that there was no impact fee for the Municipal Center because the needs were so great and there was no way to set a valid impact fee schedule that could easily separate future needs from current needs.  He said the Planning Board and CIP was researching the Town’s future and creating an impact fee schedule for two fire sub-stations and a brand new central fire station.  He said there was no plan currently being reviewed, but the Town would have seven years to collect the money for the projects, which would provide the time to collect the money needed.  Mr. Scanzani said the impact fee schedule was to cover the total projected cost of 3.9 million dollars worth of fire department and equipment.  He discussed how the impact fee would be charged.  He informed that Town Counsel and NRPC had reviewed the schedule.


Ms. Casey clarified that if the schedule were to pass, new construction would be paying an impact fee for the new school as well as the new fire stations.  Mr. Scanzani answered yes.  He discussed a recent court case in Hudson where the court ruled that subdivisions covered by an impact fee are not subject to any kind of growth control.  Ms. Casey asked if the Warrant Article to expand lots to two acres would effect the impact fee.  Mr. Scanzani answered no. 


Mr. Bergeron understood the need for two substations but asked for clarification as to why the Town would need a new central station.  Mr. Scanzani said that the Fire Chief had indicated that once the Police Station was moved from the building, that the central station would meet the needs of the current community.  He said based on the growth of the Town, a newer, larger, central station would be needed within five to seven years.  He said that the location of the new central station or the two substations had not yet been determined.  He discussed the importance of having the station be located on adequate property.


Mr. Farris noted that the Fire Chief believed that the new station and the substations would be able to be located on Town owned property, therefore, saving the cost of having to purchase property.  Mr. Scanzani discussed the special needs (i.e. water capture, exhaust fans) and said the key would be to build the new station adequate to fill the growing needs. 


There was a brief discussion regarding a current appeal in the NH Supreme Court regarding impact fees and growth ordinances. 




Mr. Ron Bourque, 9 Radcliff Drive asked if the Town could pursue with both an impact fee and a growth ordinance if the appeal was upheld and Legislature changed wording to allow both.  Mr. Lynde said he was not sure what was happening in the court, but if current law allowed both, or the Legislature amended the law to allow both, the Town could pursue in the coming year.  Mr. Bourque asked if the Supreme Court hearing might set the case so that the fee could not be collected, and the Town would be liable to fees previously collected.  Ms. Casey said the Town would not be liable because the Town did not have a growth ordinance.  Mr. Bourque wanted to know if the proposed two-acre Warrant Article was considered a growth ordinance.  Ms. Casey said the proposed Warrant Article was a change in zoning.  Mr. Lynde said a growth ordinance was specific to controlling a number of building permits.  Mr. Scanzani said the Planning Board voted to not support the two-acre Warrant Article. 


Mr. Bourque asked if the Selectmen would be voting regarding the impact fee schedule and if approved, he wanted to know when it would go into effect.  Ms. Casey said the Selectmen would vote this evening, and if approved, the impact fee schedule would go into effect tomorrow.  Mr. Bourque wanted to know if approved, could only the substations be built, and not the central station.  Ms. Casey answered yes.  Mr. Bourque asked if the substations would possibly alleviate the need for a new central station.  Fire Chief Fisher said he reviewed putting money away for expansion for the future, primarily a substation.  He could not answer what the Town’s needs would be in ten or fifteen years, but wanted to ensure there would be funds if an additional facility was needed.  Mr. Bourque asked if the impact fee would include equipment.  Ms. Casey answered yes. 


Mr. Bergeron had a discussion with Mr. Clay Mitchell, Interim Planning Director regarding the subdivision limitation to ten lots per year.  In his conversation, Mr. Mitchell said the 10-lot limitation was considered a growth ordinance.



(Lynde/Farris) To adopt the proposed impact fee schedule for a central fire station and fire substations as presented.




(5 - 0 - 0) The motion carries. 


Ms. Casey said the impact fee schedule would be in effect beginning March 6, 2002. 




Mr. Mike Sampson of NRRA possible phase II at the transfer station


Mr. Mike Sampson, NRRA discussed the reasons for recycling and the money that could be saved.  He handed out literature to the Selectmen to review.  Mr. Sampson went on to explain the information and dollar amounts he provided, which were based in general, not Pelham specific.  Ms. Casey said that Mr. Bruce Mason, Superintendent of the Transfer Station could calculate the Town’s numbers.  Mr. Sampson provided a design sketch of the Transfer Station and what he proposed for a recycling facility. 


Ms. Casey asked if there would be an area for a swap shop.  Mr. Sampson said there was and pointed out where it could be located. 


Mr. Bergeron asked that the Selectmen stake out the area to get a better feel for the area.  He asked if there was additional Town owned land.  Mr. McDevitt said the boundary extended further back, but said he was unsure where the ash landfill was located.  Ms. Casey suggested reviewing further after the Town vote, so the new Selectmen would have the opportunity to familiarize themselves with the site. 


The Selectmen went on to discuss the design and the possible costs to implement the plan.  Ms. Casey asked that Mr. Mason create a plan that contained Pelham’s actual cost saving numbers for the Selectmen to review. 




John Fiumara - Back tax payment request


Mr. John Fiumara, representing Drop Anchor Realty Trust met with the Selectmen.  He said the trustee of Drop Anchor was his brother, who had taken ill and was now totally disabled.  Mr. Fiumara said that when he went to pay the taxes on his brother’s property, he was informed that the Town had taken it.  He said his brother owned 1%, but would like to get his brother’s status back.


Mr. Lynde said that the taxes had not been paid in 1998, 1999 or 2000.  He questioned why the taxes had not been previously paid.  Mr. Fiumara believed that his brother paid the minimum due each year.  He said he was willing to pay the entire amount of taxes due. 


Mr. MacQueen said he spoke with Mr. Clay Mitchell, Interim Planning Director regarding the parcel.  He was informed by Mr. Mitchell that the Town would like to hold on to the property.  Mr. MacQueen spoke with Town Counsel to find out if the Town was obligated to return the deed if the cost, interest, taxes and penalties were paid.  He referenced RSA 89:II that provided for a three-year redemption period from when the deed is taken, which Town Counsel felt applied in this case.  He said that costs, interest, taxes and a penalty would need to be paid. 


The Selectmen discussed the situation and decided to act in accordance with RSA 89:II.  Ms. Casey told Mr. Fiumara to discuss the penalty amount with the Assessor.  Mr. MacQueen said the amounts would be computed and sent to Mr. Fiumara. 


Interview for the Transfer Station position





(Farris/Lynde) Request for a non-public session per RSA 91-A:3,II,b 




Ms. Casey-Yes; Mr. Farris-Yes; Mr. McDevitt-Yes; Mr. Bergeron-Yes; Mr. Lynde-Yes


The Board entered into a non-public session at approximately 8:12pm.  Also present was Mr. MacQueen.


The Board returned to public session at approximately 8:45pm.


Ms. Casey said that the Selectmen would hold off making a decision regarding the Transfer Station position until the final candidate could be interviewed on March 19, 2002.


Victor Danevich - Overview of Technology Plan


Mr. Victor Danevich said he had spoken with numerous people as well as assessing the Town’s inventory to see the type of devices being used.  He said he wanted to fully assess, and document, the Town’s equipment so that he could prepare the technology plan.  He asked to defer his plan until after Town vote.


Mr. Lynde believed there should be specific policies to govern how the Town operated the system.  Mr. Farris suggested resurrecting the Technology Committee to gather information and connect all the aspects to later be presented to the Selectmen.  Mr. Danevich believed that the Town should standardize the equipment throughout the Town. 


Mr. Danevich reviewed his draft plan with the Selectmen.  There was a brief discussion regarding what information, and what type of device should be available to the public.  Mr. Danevich believed that the Planning Department would have the largest technology requirements, with the Police Department following close behind.  He highlighted the fact that the Town was very dependent upon the internet to provide Town services.  He discussed the lack of interconnectivity of the existing equipment.  There was a brief discussion regarding the current internet connections and what steps should be taken to alleviate dial-up problems.  Mr. Danevich discussed the need for virus and disaster protection.  He ended his discussion by reviewing the appendixes of the report. 


Mr. McDevitt thanked Mr. Danevich for the in-depth report.  He said his eyes were opened to the Town’s vulnerabilities. 


Mr. Bergeron asked if the departments had a safe storage area for the computer tapes.  Mr. Danevich said currently there was no such area.  He discussed the alternative steps that could be taken.  He believed the next step would be to wait until after Town vote.  The Selectmen discussed the mention of security vulnerabilities in the document and believed that specific references should be redacted from any public document.  Ms. Casey asked Mr. Danevich to meet with the Selectmen after the Town vote to discuss what further actions could be taken. 


Mr. Farris reiterated that he would like to resurrect the Technology Committee. 




SPCC Plan Approval


Ms. Casey said the Selectmen had discussed (at the January 15, 2002 meeting) an agreement between the Town and CLD to design a spill, pollution, control and containment plan.  Mr. MacQueen informed there was no authorization to enter into an agreement. 


Mr. Bergeron’s recollection was that the Town had an option to perform a self-audit and believed that Mr. Jim Pitts (previous Town Administrator) had done the self-audit.  Mr. MacQueen had discussed the issue with Mr. Pitts, who believed that he had the approval to sign the agreement.  Mr. MacQueen believed the plan was to take the money from last year’s transfer station warrant article.  Ms. Casey understood that enhancement of safety was included in last year’s warrant article.  Mr. Farris asked what the bottom-line amount would be.  Mr. MacQueen said the cost would be $3500.  Mr. McDevitt said the EPA required the action.  Ms. Casey said that because the action was a safety issue, it qualified under the Warrant Article, therefore the $3500 could be taken from the Warrant Article to bring the facility up to EPA standards. 




(Bergeron/Lynde) To spend $3500 from the 2001 Transfer Station Warrant Article for CLD Engineering to create the spill, pollution, control and containment plan.  Mr. Mac Queen is authorized to sign the agreement for the plan with CLD Engineering. 




(5 - 0 - 0) The motion carries.


Request to purchase air conditioner


Ms. Casey said a letter had been received by Mr. Peter Flynn that requested the purchase of an air conditioner (from the Town Hall) for $50. 


Mr. Bergeron asked if there was a procedure for selling the Town’s excess, or no longer needed items.  He believed that there should be an auction.  Mr. MacQueen said there was a plan to have an auction and surplus items were in the process of being collected.  He said that the air conditioner had gone out to bid in the past, but no bids had been received.  He did not feel that a policy would be violated, because there was no current policy in place.   




(Lynde/McDevitt) To sell an air conditioner to Mr. Peter Flynn for the amount of $50.




(4 - 1 - 0) The motion carries.  Mr. Bergeron voted no.


Mr. McDevitt clarified that the air conditioner would be sold as-is, where-is, as stated in Mr. Flynn’s letter.




Mr. MacQueen said an e-mail was received by Mr. Derek Baker of the Scouts who asked permission to make improvements in front of the Senior Center.  Mr. Baker inquired if a table could be set up at in the hallway at Memorial School during Town Vote to collect donations.  Ms. Casey said traditionally, the Town Moderator made that type of decision.  Mr. MacQueen said he would send a copy of the request to the Town Moderator. 


Mr. MacQueen said that a letter had been received by Verizon who wanted to take the public phone booth located at the Police Station.  He said the Police Chief did not mind the removal of the phone, but he had yet to speak to the Fire Chief.  Ms. Casey said that the Town would either have to agree to the removal of the phone, or pay a charge.  Mr. MacQueen will research and provide the fee amount to the Selectmen. 


Mr. MacQueen handed out a letter received by Mr. Bruce Mason regarding the septic systems at the transfer station, which should alleviate any confusion.  He said there were two separate systems: 1) septic system, and 2) drainage system. 


Mr. MacQueen said that Geod Consulting held a meeting regarding the Town center review, which Mr. Lynde, Mr. McDevitt and Mr. Bergeron attended.  Mr. Lynde said that they had requested three alternatives: 1) light; 2) roundabout; 3) stop signs.  Mr. McDevitt and Mr. Lynde briefly discussed what was said during the meeting.  They asked Geod to review what could be done if the Fire/Police Station was no longer in the center.  Geod will review. 


Mr. MacQueen said that General Code had provided the manuscript of the new code as well as a critique.  He felt that the Selectmen should review and provide comments.  He said that other departments (Planning, Board of Adjustment, Health Officer) might need to review and provide comments.  Ms. Casey suggested that if changes could occur based upon the critique, then the book should be sent out to all appropriate persons. 


Mr. MacQueen provided a copy of the Town’s purchase policy, which he felt was unclear.  He said at a future meeting he would propose a new policy to the Selectmen. 


Mr. Bergeron received a report from Mr. Bruce Mason, Solid Waste Department, which stated that the Hazardous Waste collection dates for the year 2002 would be May 4, June 6, August 3, October 5 and November 2.  Mr. Mason reported that overfill protection had been installed on the tanks at the waste oil collection area.  Mr. Bergeron reiterated that the Transfer Station hours of operation on Tuesday only would change effective April 1, 2002, to 10:30am to 7:00pm. 


Mr. Farris spoke with the Fire Chief regarding the fire/code enforcement position.  A candidate should be forthcoming.  He said one of the hang-ups was that certification was not transferable from state to state, therefore, the Town had lost some good candidates.  There was a brief discussion regarding the job description and it was suggested to meet with the Fire Chief at an upcoming meeting to discuss the position.

Mr. Farris said that Adelphia had redlined the agreement and provided a copy to Attorney Peter Epstein.  He ended by saying that at the basketball game in Wilmington there were signs thanking the Town of Pelham for its response to the blood drive done for a young girl undergoing cancer treatment. 


Mr. Lynde discussed the agenda items discussed at the Planning Board meeting held March 4, 2002.  He informed that the Planning Board would hold a public hearing in place of a work session on March 18, 2002. 


Mr. McDevitt thanked Father Ed for use of the St. Patrick’s school bus when the seniors were stuck in Methuen.  He said that Father Ed has set up a schedule for continued use of the bus while the Town’s bus is being repaired.  Mr. McDevitt said he attended a West Nile Virus seminar that could be discussed at a future meeting.  He ended by saying that there was a House Bill with a recommendation from the Committee to change the voting threshold on bond and notes in Senate Bill 2 Towns from 60% to 66 2/3%.  He strongly urged Mr. Lynde and Mr. Bergeron to consider keeping the 60%.  Mr. Lynde said the Bill had not been voted upon yet.   Mr. McDevitt thanked the Police Department for holding an open house.



Each of the Selectmen thanked Chairperson Casey for her hard work and dedication to the Board and to the Town.  


Ms. Casey said she has enjoyed her time serving as a Selectman.  She appreciated the opportunities given to her as a member of the Selectmen. 





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




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 10:22 pm.  Also present was Mr. MacQueen.


The Board returned to public session at approximately 10:40pm.




(Farris/Lynde) To seal the minutes of the non-public session indefinitely.




(5 - 0 - 0) The motion carries.




MOTION:           (Farris/Bergeron) To adjourn the meeting.


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


The meeting was adjourned at approximately 10:43 pm.


                                                                                          Respectfully submitted,


                                                                                          Charity A. L. Willis

                                                                                          Recording Secretary