APPROVED

 

TOWN OF PELHAM

BOARD OF SELECTMEN MEETING

MINUTES

March 26, 2002

APPROVED – April 2, 2002

 

CALL TO ORDER

PLEDGE OF ALLEGAINCE

 

PRESENT:

Mr. Greg Farris, Mr. William McDevitt, Mr. Jean-Guy Bergeron, Mr. Hal Lynde

 

Also present:

 

ABSENT:

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

 

 None.

              

Vice Chairman Farris opened the meeting at approximately 6:30 pm.  He noted the results from the recount for the Selectmen positions and said that there would be a 5-day appeal period.  He also said that there had been a discussion with the Town Moderator regarding the ballot counting machines and the Town would review either obtaining a second machine or a different machine in the future.

 

MINUTES REVIEW

 

March 19, 2002

 

MOTION:

(Lynde/Bergeron) To approve the March 19, 2002 minutes as amended.

 

VOTE:

 

(3 - 0 - 1) The motion carries.  Mr. McDevitt abstained.

 

March 26, 2002

 

MOTION:

(Lynde/Bergeron) To approve the March 25, 2002 minutes as amended.

 

VOTE:

 

(4 - 0 - 0) The motion carries.

 

OPEN FORUM

 

None.

 

APPOINTMENTS

 

Bond Issue, Citizens Bank

 

Ms. Chris Therion and Ms. Jan Schneider of Citizens Bank met with the Board to discuss the possible bonding of the Municipal Building.  They discussed the reasons they felt Pelham should use Citizens Bank.

1) Flexibility on the timing of the issue: Town would have the ability to issue the bonds in the public market at any time.  2) They have the ability to structure the payment schedule to the Town’s requirements:  Ms. Therion said if the Town had any outstanding debt the principal payment could be deferred per the RSA’s.  Unlike the bond bank the payment could be set up per the needs of the Town.  3) Simplify process: Ms. Schneider said that because they had handled the bond for the School District they would only have to update the information from the last two years.  4) Quick turn-around time for the bond issue and proceeds: Ms. Schneider said that the bond issue could be done in a four-week span, and once it had gone to sale, the Town could have the funds within seven days.  5) Investment of bond proceeds according to the cash flow: Ms. Therion said that Citizens would work with the Town to term investments.  6) Competitive results: Ms. Therion gave examples of when Citizens acted as a financial advisor.  Ms. Schneider said that the bond rating for the Town would be at least that of the School District, if not higher.  7) Paying agent: Ms. Schneider said that for the life of the issue Citizens would act as the paying agent.  8) Costs to the Town:  Ms. Schneider reviewed the fees the Town would owe. 

 

The Selectmen discussed the payment schedule and when interest payments would be due.  Ms. Schneider asked if the bond would be under the Senate Bill 2.  Mr. Lynde answered yes.  Ms. Schneider said it might pose a problem.  She gave a brief update about the Senate Bill.  She said there was a fourteen-day hearing period, with a three-month period of time before it could go to the Supreme Court.  Ms. Therion said that if the Board made a decision and contacted them, they would send an agreement out immediately as if there were no problems.  She then discussed the type of information Citizens Bank would need. 

 

Mr. MacQueen received information and a proposal from Edward Jones.  He handed out a copy to the Selectmen for review.  He discussed the fees and rate, which he did not feel were competitive.  Mr. McDevitt asked if First Essex had responded.  Mr. MacQueen had not received comment back from First Essex. 

 

MOTION:

(Bergeron/McDevitt) To move forward with Citizens Bank to work with the Town regarding the bond issue for the Municipal Center.

 

VOTE:

 

(4 - 0 - 0) The motion carries.

 

Mr. MacQueen will contact Citizens Bank March 27, 2002 of the Town’s intent to work with them for the bond.  The Selectmen agreed to have Mr. Farris sign the agreement, unless there were substantial changes or legalese that needed Town Counsel’s review, at which point the Selectmen would review.

 

Permission to accept and put in a stone bench at the Senior Center, Sue Hovling, Director of Senior Facility & Elderly Affairs

 

Ms. Sue Hovling provided a photograph of the stone bench that Ms. McCoy would like to donate in memory of her daughter. 

 

MOTION:

(McDevitt/Bergeron) To waive the usual requirement of a public hearing for a donation.

 

VOTE:

 

(4 - 0 - 0) The motion carries.

 

MOTION:

(McDevitt/Lynde) To accept the donation of a stone bench at the Senior Center in memory of Ms.Lisa McCoy.

 

VOTE:

 

(4 - 0 - 0) The motion carries.

 

Interviews and possible appointments to Committees and Boards

 

Mr. Farris noted that there were openings for all the Boards and if someone were interested, they should contact Mr. MacQueen. 

 

Planning Board -

 

Mr. Paddy Culbert, Simpson Road, applying for the Planning Board met with the Selectmen.  The Selectmen asked Mr. Culbert his reasons for reapplying and what his concerns would be.  In summary, Mr. Culbert felt that the zoning issues were valuable for the Town and said he would continue working toward the goal.  He said that safety was one of the issues he would continue to review.  He discussed open space and the need to develop the area the Town already owned for recreation.  He was not in favor of having various neighborhood parks.  Mr. Culbert supported the review of a wildlife corridor and discussed the need for a Town overlay of the wildlife corridors.  He discussed the Master Plan and felt that it was a guideline and a living document. 

 

Mr. Henry DeLuca, Garland Drive, applying for the Planning Board, met with the Selectmen.  The Selectmen asked Mr. DeLuca his reasons for reapplying and what his concerns would be.  In summary, Mr. DeLuca said that he had learned a lot in the past three years and wanted to continue learning.  He said the Safety Committee carried a lot of weight with his decisions.  Mr. DeLuca said he would like to see the Conservation Commission create an overlay of conservation land so developers and residents could have an understanding of what the Town would like to preserve.  He said that he would like to have the residents get involved with the goals and issues the Planning Board has put forward.  Mr. DeLuca discussed the zoning issues and believed that people needed more knowledge regarding the issues. 

 

MOTION:

(Lynde/McDevitt) To appoint Mr. Paddy Culbert and Mr. Henry DeLuca to a three-year term on the Planning Board commencing April 1, 2002 through March 31, 2005. 

 

VOTE:

 

(4 - 0 - 0) The motion carries.

 

Zoning Board of Adjustment -

 

Mr. Edmund Gleason, Bush Hill Road, applying for the Zoning Board of Adjustment, met with the Selectmen.  The Selectmen asked Mr. Gleason questions in which he had the following responses.  He said that as a member of the board he would be non-biased, non-political and make his decisions based upon the testimony during the scheduled meetings in accordance with the regulations.  He discussed the criteria and how he difficult it was in some cases to interpret the spirit and intent of the ordinance.  He ended by saying if an applicant did not live up to the conditions placed on a variance the Board of Adjustment should listen to a possible revocation of the variance.

 

Mr. Dave Hennessey, Dutton Road, applying for an alternate position on the Zoning Board of Adjustment, met with the Selectmen.  The Selectmen asked Mr. Hennessey questions, in which he had the following responses.  He said that he has continued to ask questions, and gain knowledge.  He discussed the criteria and how Simplex had changed how usage requirements are viewed.  Mr. Hennessey said that as a member of the board, he would be non-biased and make his decisions based upon the testimony during the scheduled meetings.  He did not agree that his decision should be non-political and further explained what he meant by that.  It was his belief that zoning needed to be fixed.  He said that he reviewed information when he received, but did not form his final opinion until hearing the information at the meeting.  Mr. Hennessey ended by saying if an applicant did not live up to the conditions placed on a variance, the building permit and occupancy permit should be held until the conditions were met.   

 

MOTION:

(Bergeron/McDevitt) To appoint Mr. Edmund Gleason as a member, and Mr. Dave Hennessey as an alternate to the Zoning Board of Adjustment with a three-year term commencing April 1, 2002 through March 31, 2005. 

 

VOTE:

 

(4 - 0 - 0) The motion carries.

 

Parks and Recreation Advisory Board -

 

Ms. Elizabeth Fontanella, Gordon Avenue, applying for a position on the Park and Recreation Advisory Board met with the Selectmen.  She said the board had created a five-year plan, which reviewed what type of facilities, and recreation the Town should have as it grows.  She would like to see the Town have more fields, a field house, a recreation center, a stage, areas for nature hikes, swim team.  She said that she would like to see programs that keep children out of trouble.  She ended by discussing the many activities that were non-competitive.

 

Mr. Bob Blinn, Windham Road, applying for a position on the Park and Recreation Advisory Board met with the Selectmen.  He discussed his background involvement with the Town’s  recreational activities.  He said the current programs were excellent and would be expanding over time.  He discussed the rising costs and said that they had to keep up with the times.  Mr. Blinn said that the advisory board met once a month and created a five-year plan to follow.  He discussed the maintenance of the field and request for additional help that was turned down at Town vote.  Mr. McDevitt discussed the work that Mr. Blinn and the volunteers performed at the parks.  He hoped the town would support the maintenance person position next year.  Mr. Farris said if Mr. Bob Tryon had to pay for the work the volunteers performed it would raise some eyebrows.  He said if people could help maintaining the fields, they should contact Mr. Tryon or Mr. Blinn.

 

Mr. William Hayes, Pinewood Drive, applying for a position on the Park and Recreation Advisory Board met with the Selectmen.  He said he had been working with the board informally and felt that he could be of greater use if he were a member of the board.  He said that as a member, he would carry his plan for Raymond Park forward and help develop facilities.  Mr. Hayes said that the potential in Town was great and the fundamentals were in place to implement new programs.  He ended by saying he had done a master plan for the facilities at Raymond Park.

 

MOTION:

(McDevitt/Lynde) To appoint Ms. Elizabeth Fontanella, Mr. Robert Blinn and Mr. William Hayes to the Parks and Recreation Advisory Board with a three-year term commencing April 1, 2002 through March 31, 2005. 

 

VOTE:

 

(4 - 0 - 0) The motion carries.

 

NEW BUSINESS - (item heard out of order.....see below for additional new business)

 

Award of Bid for Raymond Park 2002 improvement Project #1

 

Mr. Bob Tryon recommended that the bid for the Raymond Park 2002 improvement project #1 be awarded to J.R. Gauthier (JSI).  He would like the agreement reviewed by Town Counsel.  Mr. Hayes informed that Mr. Gauthier had agreed to perform additional work to the wetland.  Mr. Farris asked that the phases be amended to keep financing clear.  Mr. Tryon wanted to contact Tennessee Gas for a status report.  There was a discussion regarding a pile of dirt that was left, and if it was usable.  Mr. Hayes said that the side slopes would be loamed and the remaining would depend upon the weather. 

 

Mr. Lynde said that the Planning Board had requested to review the plan.  Mr. Hayes said that the project (except for a small portion) was granted a five-year permit by DES September 18, 1998.  He said that there wouldn’t be any area disturbed that was not shown on the plan.  Mr. Hayes said that they were only resurfacing and fencing and old field and therefore did not require an additional permit.  He said Mr. Tryon could provide any requested information.  Mr. Lynde asked that when the other areas were moving forward with the creation of fields, there should be a presentation to the Planning Board.  Mr. Tryon said that the complete packet for Raymond had been forwarded to the Planning Department. 

 

Mr. Farris confirmed that they were recommending the agreement with JSI be forwarded to Town Counsel for review and then signed by the Selectmen.  Mr. Tryon answered yes.

 

MOTION:

(McDevitt/Bergeron) To accept the bid of JSI Incorporated in connection with the Raymond Park 2002 improvement Project #1.  The Selectmen authorize Mr. Farris to sign the agreement with JSI, once the final wording has been approved by Mr. Tryon and Town Counsel.

 

VOTE:

 

(4 - 0 - 0) The motion carries.

 

OLD BUSINESS

 

Junkyard license applications

 

Mr. Bergeron stepped down.

 

Jean-Guy’s Used Cars & Parts, Inc.

 

PUBLIC INPUT

 

Mr. Ray Belleville, Marsh Road said that the process had been going on for two years and was concerned with the source of MtBE in his area.  He read a portion of Mr. Mark Westin’s letter to DES, in which Mr. Westin believes that Jean-Guy’s Used Cars & Parts, Inc. was the main cause for the contamination in the bedrock water supply, even though other potential sources of contamination may exist at individual properties in the area.  He wanted to know if Mr. Bergeron was taking any action to remedy the situation.  Mr. Farris said that the state had not yet provided a letter.  Mr. Belleville was concerned that the contamination was continuing and wanted to know if measures were taken to remedy the situation. 

 

Mr. Bergeron said that his Council was present at the last Selectmen meeting and provided a report at that time.  He said that also at the last meeting, Mr. MacQueen read a letter that said that the Health Officer, Fire Chief, Building Inspector had reviewed and recommended that the license be issued, subject to the conditions that the site continue with the current and future site remediations by DES.  He said it was continuing to go on and believed that he was following everything he was supposed to.

 

Mr. Belleville reiterated his concern about correcting the situation and what actions would be taken.  He felt that Mr. Bergeron should receive an extension, not a full license.  Mr. McDevitt said that there was no conclusion until DES sends the Town a letter.  It was Mr. McDevitt’s recollection that the last letter sent by DES did not specify a specific source of contamination.  He said in his opinion, the only course of action was to issue a temporary license until the DES provided opinion. 

 

Mr. Jean-Guy Bergeron, Marsh Road addressed the Selectmen regarding the reason for the initial request of an extension, which stemmed from an ordinance requiring safety issues (exit signs, lighting, etc).  His initial request for an extension was because his contractor was unable to complete the work on time.  Mr. Bergeron discussed MtBE and said that everyone should be concerned with it.  He said that MtBE was being found all over the state.  Mr. Bergeron said that he had been issued licenses since 1969, and asked that a full license be issued.  He said he had worked with DES for the last three years and had forwarded documentation to the Health Officer and the Selectmen.  He noted that there were other areas in Town that had problems as well.  He said that he was running his business to the best of his ability.  Mr. Bergeron said that Town Counsel had addressed his license at the last meeting and informed that the Selectmen had the authority to issue either an extension, or a full license with conditions.  He did not feel that it was fair for him to come before the Board every three months since remediation was being dealt with through DES. 

 

Mr. Lynde asked what procedures were now in place to ensure that gasoline did not spill into the ground water.  Mr. Bergeron said that recently they started a process that when gasoline was taken out of tanks, the empty tanks, were now being stored in containers. 

 

Mr. McDevitt’s view was the statement in Mr. Westin’s report that says the activities conducted at the site continue to result in the discharge of VOC’s to the subsurface, raised the issue of compliance with the state regulations.  He informed that the Selectmen also had the authority to revoke a license.  He was reluctant to granting a full license based upon the lack of conclusion by DES.  Mr. Bergeron said that the extensions began because of emergency issues and would like to follow the RSA rule and receive a one-year license.  He said that DES was working on many potential sources and until all the reports were out, it was unfair to bring him before the Board every three months. 

 

Jack Mansur’s Auto - There were no comments from the Selectmen or public regarding this license.

 

MOTION:

(McDevitt/Lynde) To grant a junkyard license to Jack Mansur’s Auto, effective April 1, 2002.  The license is to be within the requirements of the consent decree between the Town and Mr. Mansur dated August 5, 1997.

 

VOTE:

 

(3 - 0 - 0) The motion carries. Mr. Bergeron stepped down.

 

MOTION:

(McDevitt/Lynde) To grant a 90-day temporary license to Jean-Guy’s Used Cars & Parts, Inc., on the basis that the Selectmen have not yet heard from the Department of Environmental Services as to allegations that this business is the site of MtBE pollution.

 

VOTE:

 

(3 - 0 - 0) The motion carries. Mr. Bergeron stepped down.

 

Junkyard application, Coombs Used Auto Parts (moved from New Business section of agenda)

 

Mr. MacQueen said that the application was received last week.  The Fire Chief attempted an inspection today, but was unable to complete it, therefore, could not recommend granting a license.  He said the business currently did not have a license.

 

Mr. Ronald Fornier, Mammoth Road and Mr. Norman Coombs, Mammoth Road met with the Selectmen to discuss the Coombs Used Auto Parts junkyard license.  Mr. Fornier said a surveyor had been hired in November and would survey the property by the end of April.  He said the deeds to the property dated back to the 1800’s and research was difficult because of the papertrail. 

 

Mr. McDevitt said that in the Fire Department’s inspection report noted issues with tire storage and gasoline, motor oil and anti-freeze disposal.  Mr. Fornier explained how they used/recycled the gas, oil and anti-freeze.  Mr. McDevitt suggested showing the Fire Department the process they use to recycle the materials. 

 

Mr. Farris informed that the Selectmen needed to review the certified plot plan and received comment from the Fire Department, Code Enforcement Officer and Health Officer.  Mr. McDevitt asked that the Fire Department have access to the property to be able to complete an inspection.  Mr. Farris said that as soon as all the information was received, he would schedule an agenda item for the next available meeting. 

 

Mr. Bergeron returned to the Board.

 

Purchasing Policy

 

Mr. Farris said the policy was reviewed at the last Selectmen meeting and that he would like to see the policy regulate how funds would be expended and the Department Heads knew what rules they would be operating under.  Mr. Bergeron asked if a full Board should be present before the Selectmen vote.  Mr. Farris felt the Selectmen should act upon the policy if the Board chose to. 

 

Mr. McDevitt asked that a sentence be added at the end of the first paragraph as follows: “Town Administrator shall announce his/her decision at the next meeting of the Board of Selectmen”. 

 

MOTION:

(McDevitt/Bergeron) To adopt the amended purchasing policy with the change Mr. McDevitt recommended. 

 

VOTE:

 

(4 - 0 - 0) The motion carries.

 

NEW BUSINESS

 

Department Head Contract signing

 

The Fire Chief and the Police Chief stepped forward to sign agreements.

 

Mr. Farris thanked the Department Heads for their efforts in keeping the Town running and the services they provide.

 

Nonunion pay increases

 

MOTION:

(Bergeron/McDevitt) To implement the COLI increases as stated in the 2002 budget and approved at Town Meeting.

 

VOTE:

 

(4 - 0 - 0) The motion carries.

 

Mr. McDevitt noted he would be requesting a non-public session regarding a personnel issue.

 

The Fire Chief asked when the pay increase would take effect.  There was a brief discussion and the Fire Chief was informed that the increase would be retroactively effective as of January 1, 2002. 

 

Duel purpose gasoline and diesel fuel pump quotes

 

Mr. MacQueen discussed the quotes for the Transfer Station fuel pumps.  He said that Mr. Mason requested the authorization of the bid received from Fed Co. 

 

MOTION:

(Bergeron/McDevitt) To award the bid to Fed Co. for the amount of $16,686.39.

 

VOTE:

 

(4 - 0 - 0) The motion carries.

 

Request to have Town clear island on Hobbs Road and permission to maintain

 

Mr. MacQueen said a request had been received from an abutter to clear the island on Hobbs Road. 

 

Mr. Chill Gould, Hobbs Road said he had built a home and was clearing shrubs and trees that inhibited the view.  He said he was also clearing around his property to clean it up and look nice.  His wife requested that he also clean up the island, therefore he gave the request to Mr. MacQueen.  He said he had spoken with Mr. Don Foss, Highway Agent, who would send a backhoe out to rip out the rooting material. 

 

MOTION:

(Lynde/McDevitt) To approve the request of Mr. Chill Gould to clean up the island on Hobbs Road.  The Highway Department will work with Mr. MacQueen and Mr. Gould to complete the project.

 

VOTE:

 

(4 - 0 - 0) The motion carries.

 

Mr. Farris asked that any plantings be low, so that the line of site would not be inhibited. 

 

Set meetings for Town Administrator interviews

 

There was a brief discussion and the Selectmen would review the resumes and provide comment to Mr. MacQueen by Friday so that interviews could be held April 3 & 4, 2002. 

 

Highway Safety Committee recommendations

 

March 20, 2002 the Safety Committee held a meeting and reviewed five requests.  All five were turned down.  Mr. McDevitt will contact the three people who submitted their requests through him.  Mr. MacQueen will send a personal note to the remaining two. 

 

TOWN ADMINISTRATOR’S REPORT/SELECTMEN’S REPORT

 

Mr. MacQueen said that comments were being received regarding the codification critique and the Selectmen would need to provide final comments.  He said that DES suggested that people test their well water, he said information would be available on the website.  Mr. MacQueen said that the GEOD report would be received shortly and an agenda item would be added for April 16, 2002.  Mr. MacQueen said that he was contacted by AFSCMI regarding the equipment 1 operator (at the cemetery) and the office manager (at Police Station) positions, which they would like to add to the bargaining agreement.  He checked with the Department Heads and wanted to ensure the Selectmen would not have a problem adding them to the agreement.  The Selectmen did not have a problem amending the agreement.  There was a brief discussion regarding the need for additional help maintaining the fields in Town.

 

MOTION:

(McDevitt/Bergeron) To authorize Mr. MacQueen to send a letter to AFSCMI that there is no objection to the two positions being in the union.

 

VOTE:

 

(4 - 0 - 0) The motion carries.

 

Mr. MacQueen said he had been asked by NRPC if the Town had signed off on public and private roads.  He would call back and find out additional information. 

 

Mr. Bergeron gave a brief report regarding the Board of Adjustment meeting held March 11, 2002.

 

Mr. Lynde informed that the Planning Board did a site walk and reviewed a proposed 9-lot subdivision.

 

Mr. McDevitt said that Ms. Jan Brecker from Bread Loaf and two other people would meet with the Police Chief, Library Director, Mr. Farris and himself on Friday.  He went on to review the agenda for the meeting.  Mr. McDevitt asked the Selectmen if he could contact CLD (Town Engineer) to survey the property.  Mr. Bergeron asked if discussions with Bread Loaf should hold off until they come in at the next meeting for a presentation.  There was a brief discussion regarding what architectural functions Bread Loaf would perform.  The Selectmen did not object to Mr. McDevitt contacting CLD to survey the property. 

 

Mr. Farris said that comments to the redlined agreement had been received from Adelphia.  Attorney Epstein was not pleased with the response and returned comments.  He said there was a possible class action suit against Adelphia regarding their high speed internet access.  He ended by saying that CTAC, with Attorney Epstein’s advice had moved slowly with negotiations in the best interest of the Town. 

 

Mr. Farris thanked the volunteers that interviewed for the various boards and noted that most of the boards were still seeking to find alternates. 

 

REQUEST FOR NON-PUBLIC SESSION

 

MOTION:

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

 

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 9:45 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:

 

(  - 0 - 0) The motion carries.

 

ADJOURNMENT

 

MOTION:           (              ) To adjourn the meeting.

 

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

 

The meeting was adjourned at approximately    pm.

 

                                                                                          Respectfully submitted,

 

                                                                                          Charity A. L. Willis

                                                                                          Recording Secretary