NOT APPROVED

 

TOWN OF PELHAM

BOARD OF SELECTMEN MEETING

MINUTES

March 19, 2002

 

 

CALL TO ORDER

PLEDGE OF ALLEGAINCE

 

PRESENT:

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

 

Also present:

 

ABSENT:

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

 

None.

††††††††††††††

Chairperson Casey opened the meeting at approximately 6:30 pm.She informed that a recount had been requested for the Selectmen position and therefore would conduct the meeting.

 

MINUTES REVIEW

 

March 5, 2002

 

MOTION:

(McDevitt/Bergeron) To approve the March 5, 2002 minutes as amended.

 

VOTE:

 

(4 - 0 - 0) The motion carries.

 

OPEN FORUM

 

None.

 

APPOINTMENTS

 

REQUEST FOR NON-PUBLIC SESSION

 

MOTION:

(McDevitt/Bergeron) Request for a non-public session per RSA 91-A:3,II,b Interview for Transfer Station position.

 

ROLL CALL:

 

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

 

The Board entered into a non-public session at approximately 6:35pm.Also present was Mr. MacQueen.Mr. Lynde arrived at approximately 6:42pm.

 

The Board returned to public session at approximately 6:50pm.

 

MOTION:

 

(Bergeron/Lynde) To hire Mr. Bob Long (effective April 1, 2002) and Mr. Jean-Claude Bergeron (effective April 2, 2002) as full-time employees of the Solid Waste Facility based on all standard hiring procedures.

 

VOTE:

 

(5 - 0 - 0) The motion carries.

 

REQUEST FOR NON-PUBLIC SESSION

 

MOTION:

(McDevitt/Bergeron) Request for a non-public session per RSA 91-A:3,II,b Interview for Firefighter/Inspector position.

 

ROLL CALL:

 

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 6:52pm.Also present was Mr. MacQueen.

 

The Board returned to public session at approximately 7:35pm.

 

MOTION:

(Farris/Bergeron) To hire Mr. Thomas Michael Ryan, effective April 1, 2002 as the Fire Inspector/Code Enforcement/Firefighter, as described in the Town Warrant Article that passed Town Meeting in 2001, subject to a successful physical and background check.

 

VOTE:

 

(5 - 0 - 0) The motion carries.

 

Appointment of call Firefighters

 

Ms. Casey read aloud a list of people who applied to be call firefighters.

 

MOTION:

(Farris/Bergeron) To accept the applicants to become call firefighters for the Town of Pelham as of March 26, 2002, subject to a successful physical and background check.

 

VOTE:

 

(5 - 0 - 0) The motion carries.

 

Public Comment Junkyard License Applications - Jack Mansurís Auto, Jean-Guyís Used Cars & Parts, Inc.

 

Mr. Bergeron stepped down.

 

Jack Mansurís Auto - Mr. MacQueen said the Town Health Officer and the Building Inspector had reviewed the application and both recommended that the license be renewed.

 

PUBLIC INPUT

 

Mr. Dave Hennessey, 71 Dutton Road asked if MtBE testing would be done.He recommended that as part of the inspection, that an up to date water test be performed, specifically for MtBE.Mr. McDevitt believed that the current regulation stated that the DES could perform an annual inspection.

 

Mr. Farris asked if the paint spraying had continued to cease.Mr. Roland Soucy, Building Inspector said he hadnít received any complaints.

 

Ms. Casey said that public comment would be held open for one week, as typically done.

 

Attorney Diane Gorrow, Town Council, said that Mr. Mansur was subject to limitation in the consent decree of 1997.She said he was not allowed to sell used parts from the site.Mr. Mansurís Attorney wanted to know how issues would be resolved if he was not present.Ms. Casey said that public comment was typically left open for a week.

 

The Selectmen did not have concerns regarding the application.†††††

 

Jean-Guyís Used Cars & Parts, Inc. - Mr. MacQueen said that the Health Officer, Fire Chief and Building Inspector had reviewed and recommended that the license be issued subject to the condition that the site continue with the current and future site remediation by DES.

 

There was no public input.

 

Ms. Casey said that public comment would be held open for one week, as typically done.Mr. McDevitt said that the license had been renewed in 90-day intervals until DES had reached a conclusion relative to MtBE contamination in the general neighborhood.He recommended extending the license 90-days.Attorney Diane Gorrow, Town Council said that per the regulations, the license could either be extended for 90-days or it could be renewed for one year subject to conditions.

 

Attorney Tony Soltani, representing Mr. Bergeroninformed the Selectmen that the DES investigation was coming to an end, which would then lead into phase III, remediation and clean up.Mr. Lynde asked if there was a timeframe for the determination.Attorney Soltani said that all proposed deadlines in the past had been broken, so he could not answer.Ms. Casey reiterated that public comment would remain open for a week.

 

Personnel - Disciplinary hearing

 

Mr. Art Berube requested a public hearing.

 

Ms. Casey read aloud a letter received from Mr. Bruce Mason regarding the status of Mr. Berubeís employment at the Transfer Station.Mr. Mason wrote that based upon a guilty plea, Mr. Berubeís employment should be terminated due to theft by unauthorized taking of the Town of Pelhamís property from the Transfer Station.

 

Mr. Art Berube asked if a new trial was being opened.Mr. MacQueen said no.Mr. Berube read a portion of a letter he received from the Selectmen, which, in his opinion was notice of a 30-day suspension.Ms. Casey said he had been suspended, and then after which, plead guilty in a court of law.Mr. Lynde explained that it would be difficult for the Town to keep someone in its employ that plead guilty to theft.Mr. Berube discussed in detail the events of the day he was charged with theft.He informed that employees, as well as the public had taken items from the facility.He felt that he was a victim of circumstance and was being discriminated against.Mr. Berube said he loved his work and hoped he could have his job.He noted that since he was charged, employees were still helping themselves to items at the facility.Mr. Berube said that he was a part time employee who went to work whenever he was called in.He said he never missed a day of work in three years.

 

Mr. Mason appeared before the Selectmen so that Mr. Berube could ask him a question.Mr. Berube asked Mr. Mason how he felt about his work.Mr. Mason said that he was hard working and dependable.

 

Mr. Berube ended by saying that he had gone seven and a half months without pay.He felt hurt.He said he was not guilty of anything except helping someone out.

 

Ms. Casey said that either Mr. MacQueen or a Selectman would be in contact with him within ten working days.

 

OLD BUSINESS

 

Confirmation action for the appointment of Town Clerk

 

Mr. MacQueen said that due to the recount for Selectmen, Town Counsel recommended that the Selectmen reconfirm their vote to appoint Ms. Dorothy Marsden as Town Clerk/Tax Collector.He said that once the action was taken, it would allow Ms. Marsden to appoint a Deputy Clerk, who could attend the recount.

 

Mr. McDevitt informed that Ms. Marsden would be out of Town during the recount and needed to appoint a Deputy Clerk.

 

MOTION:

(Lynde/Farris) To appoint Ms. Dorothy Marsden as Town Clerk until the newly elected Town Clerk was sworn in.

 

VOTE:

 

(5 - 0 - 0) The motion carries.

 

NEW BUSINESS

 

Before New Business began, Ms. Casey stepped down and asked that Mr. Farris conduct the meeting.She didnít feel she should discuss the issues since she had left the position and the recount was going to take place to determine the newest member.Ms. Casey left the meeting.

 

Town Clerk terms of employment

 

Mr. Farris read aloud a letter received by Ms. Mary B. Collins the newly elected Town Clerk/Tax Collector.Ms. Collins wrote what her financial expectations were and requested that the position be lowered from a 40-hour/five day week, to a 32-hour/four day week.

 

Mr. McDevitt said that the salary was originally set based on a range of Town Clerk/Tax Collectors of comparable towns.He discussed the salary and felt the $41,200 was reasonable and didnít feel a higher salary would be acceptable.

 

Mr. Bergeron asked if the position required a 40-hour week.Mr. Farris believed that it was at least a 40-hour week and the position needed flexibility of hours.The Selectmen discussed the salary and the reasons for the level of pay to the past employee as well as the interim employee.Mr. Farris suggested speaking with the interim Clerk/Tax Collector to find out if the department could continue to run on the same basis it currently was with added clerical help during the busy times.

 

Mr. Lynde noted that the position had to be reviewed with respect to the actions taken in the past with prior Town Clerks, interim Clerks and what the relationship was with the rest of the department heads.

 

Mr. MacQueen said that because Ms. Collins had been elected, she had the obligation to either hold the position or resign.Mr. Farris noted that Ms. Collins had not yet been sworn in.

 

There was a brief discussion regarding the Town Clerk position and what the requirements and compensation should be which lead to the following motion:

MOTION:

(Lynde/Bergeron) The position of Town Clerk/Tax Collector will have a salary of $41,200 for a five day, forty-hour week.

 

VOTE:

 

(4 - 0 - 0) The motion carries.

 

Mr. MacQueen will draft a letter for Mr. Farrisí signature informing Ms. Collins of the salary for the position of Town Clerk.

 

Opening of bids, Raymond Park 2002 Improvement Project #1

 

Mr. Farris opened and read aloud the three bids received for improvement project one at Raymond Park.Mr. MacQueen will contact Mr. Bob Tryon and Mr. Bill Hayes for recommendations.

 

Discussion regarding junkyard license renewal date

 

Mr. MacQueen said the renewal date for junkyard licenses was April 1, which was sometimes hard to meet because inspections were typically done in February and March when snow was on the ground.He asked if the Board would consider moving the renewal date to June or July.He said that the state renewal date was April 1st, but that Towns could set their own renewal date.

 

Mr. Bergeron stepped down.

 

Mr. Bergeron addressed the Selectmen as a Town resident.He said that the RSA stated April 1st as the renewal date.He said there were approximately eight to ten types of dealers who needed licensing and certificates of registration.He explained that there were state licenses, for places located within a primary or secondary road, and town licenses, for places located on other roads.Mr. Bergeron said that auto recyclers form needed to be signed by the town and the state.

 

There was a brief discussion regarding the implications of changing the renewal date.Mr. MacQueen will research what steps need to be taken to change the date.

 

Mr. Bergeron returned to the Board.

 

Discussion regarding Procurement Policy

 

Mr. MacQueen said the existing policy was unclear as to what was required and when.He said that as a

town in New Hampshire a purchasing policy was not needed.Mr. MacQueen provided a draft outline of when sealed bids, and when professional services were needed.He went on to discuss how the bidding process should be done.There was a question of if the lowest bid always had to be accepted, even if it came from a company the Town was unhappy with.Mr. MacQueen said that a pre-qualification of bidders could be set up.

 

Mr. Farris believed that five Selectmen should sign the document.He suggested holding off on making a decision until there was a full Board.

 

Request to reduce amount of litter in the streets, playgrounds, lakes & streams

 

Mr. Farris said an e-mail had been received from Mr. Jason Becker regarding the reduction of litter in Town.Mr. Becker proposed suggestions to reduce litter.Mr. Lynde discussed actions taken in the past to clean up litter, which utilized volunteers.He said he was open to residents organizing a group for another clean up project.

 

Mr. Bergeron said that two full-time Transfer Station workers had been hired this evening.He noted that they would work forty hours.

 

Mr. Farris encouraged Mr. Becker to contact Mr. MacQueen.

 

Mr. Bill Scanzani suggested that the Selectmen review the Health Ordinances and raise fines since the litter was a health issue.

 

Mr. McDevitt asked if penalties for littering were local or specified in state law.Mr. MacQueen will research.

 

Discussion of passed Warrant Articles

 

Mr. Farris put the department heads on notice to create a plan and timetable for the money accepted through warrant articles.He also asked that they begin their budgets for 2003.He ended by encouraging the department heads to return the CIP forms for consideration.

 

Discussion of Municipal Building

 

Mr. Farris said that the authorization of money had passed and now a plan needed to be implemented for an efficient way to expend the money.

 

Mr. MacQueen handed out and reviewed a memo regarding filling bonds.He suggested working with a Public Offering, and utilizing Citizenís Bank, who had shown interest in handling the municipal bond since they were handling the school bond.He believed that the Town could get a better rate from the Public Offering versus a bond bank.The Selectmen discussed the options and decided to ask a representative from Citizenís Bank to meet with them to further discuss the bond.†††

 

Mr. McDevitt said the agreement had been received, reviewed by Mr. MacQueen, and forwarded to Town Counsel for review.He said once Town Counselís comments are received the Selectmen will have an opportunity to review the agreement.Mr. McDevitt said Breadloaf was proposing the two-part agreement: 1) architectural work; and 2) design build.He said Breadloaf recommended that the Town enter into a construction management agreement, which would take the place of a general contractor.He briefly discussed the differences between the two and felt that Breadloaf should meet with the Selectmen to explain their recommendation.

 

Mr. Farris suggested scheduling Breadloaf for the April 2, 2002 agenda.Mr. Bergeron asked if there was any additional information for the Selectmen to review.Mr. Farris said that copies of the agreement would be available prior to signing.He said that Mr. Bergeron could contact Breadloaf with any questions.Mr. McDevitt informed that Breadloaf did not do the construction, they hire through competitive bidding all the subcontractors for the project.Mr. Farris provided a brief history of how Breadloaf won the bid for the project.

 

Mr. McDevitt said that Ms. Jan Becker was anxious to have the property surveyed.He said that some information had been found and asked if it could be forwarded to Ms. Becker.The Selectmen did not have a problem with the information being forwarded.

 

Mr. Bill Scanzani highly recommended that the Selectmen hired the construction manager.He also recommended following the process the school took by investing the money and setting up a review committee.He said that the Building Inspection crew should be involved and the Planning Board should hold a public hearing.

 

Request for use of Town Common

 

Mr. Farris suggested that a competition be created to name the road that will go around the Town Common and included on Town Ballot.

 

Mr. Farris said that Mr. Bob Tryon received a request for use of the Town Common for a wedding (with 30 guests) to be held on September 28, 2002.There was a brief discussion and the Selectmen who asked that the Police and Fire Chief be consulted.Mr. MacQueen will discuss the issue with the Safety Committee.The Selectmenís approval will be contingent upon the Safety Committeeís approval.

NRPC contract extension approval

 

Mr. MacQueen said he had found a few copies of the contract extension for the Master Plan and wanted to ensure that the correct contract was signed.

 

MOTION:

(Lynde/Bergeron) To extend the project period to May 24, 2002, and to authorize the Town Administrator to sign the NRPC contract extension for the Master Plan.

 

VOTE:

 

(4 - 0 - 0) The motion carries.

 

TOWN ADMINISTRATORíS REPORT/SELECTMENíS REPORT

 

Mr. MacQueen said that the General Code updates had been sent out to all parties needing to provide feedback, which was due back March 27, 2002.He said that he would be adding an agenda item regarding the pay increase for the non-union employees.He ended by saying that seven or eight resumes had been received for the position Town Administrator.There was a discussion regarding when to schedule interviews and it was decided to hold interviews April 3rd and 4th.

 

Mr. Bergeron informed that the Transfer Station, as of April 1, 2002 would change the Tuesday operating hours only, to 10:30am - 7pm.He informed that a new fence area for the propane holding area had been installed.He said that a new fence had been added along the area where the incinerators were removed.Mr. Bergeron said that the Cemetery Trustees have informed that Spring clean up would begin April 15, 2002 and have asked that any flowers, baskets and wreaths be removed.He said that any items remaining could be picked up behind the maintenance garage until April 15, 2002.He said that the Cemetery rules and by-laws were available at the Annex and the Library.Mr. Bergeron asked if the cemetery building could be included when Adelphia wires the area.Mr. Farris said he would add a discussion item to an upcoming agenda.

 

Mr. Lynde discussed the Planning Board meeting, the issues discussed and the outcome of each of the hearings.He said that the Planning Board requested that they be included as part of the process for the Raymond Park project.He said there had been a change in the state statute, which gave planning boards the right to review.Mr. Lynde said that there was a need to ensure that the state statute was being upheld regarding approval of street names.There was a discussion of what actions should be taken.Mr. Mac Queen suggested sending a letter sent to all developers informing that they would not be issued a building permit until the Safety Committee had approved the street name.He said that the Planning Board and Planning Director were working to resolve the issue moving forward.Mr. Bill Scanzani said that the issue was building permits being issued by the Building Inspector, who worked for the Selectmen, not the Planning Board.He said the Planning Board would like the following items resolved before building permits are issued: 1) plans canít be reviewed by the Planning Board with street names; 2) road brought up to base coat; 3) street sign at the end of the street with notification given to the Police and Fire Departments: 4) cisterns in place per the Fire Departmentís regulations.He noted that the requirements were already in the subdivision regulations and asked that the Selectmen take a strong stand on the issues.Mr. McDevitt suggested that a letter be sent to the inspectors reminding them of the Selectmenís emphasis on the regulations.Mr. MacQueen will follow up.

 

Mr. McDevitt thanked the voters for placing their confidence in him and said he would continue to earn it.

 

Mr. Farris said that CTAC will review the comments on the Adelphia agreement.He asked that department heads forward a report of how they will proceed now that the warrant articles have passed.He also asked that department heads submit their 2003 budgets.He discussed the issues he would like to see completed during 2002.†††

 

REQUEST FOR NON-PUBLIC SESSION

 

MOTION:

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

 

ROLL CALL:

 

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

 

Mr. Farris 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 10:17 pm.Also present was Mr. MacQueen.

 

The Board returned to public session at approximately†††† pm.

 

MOTION:

 

(††† ) To seal the minutes of the non-public session indefinitely.

 

VOTE:

 

(4 - 0 - 0) The motion carries.

 

ADJOURNMENT

 

MOTION:†††††††††† (††††††††††††† ) To adjourn the meeting.

 

VOTE:†††††††††††††††† (4 - 0 - 0) The motion carries.

 

The meeting was adjourned at approximately††† pm.

 

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Respectfully submitted,

 

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Charity A. L. Willis

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Recording Secretary