April 2, 2002

APPROVED – April 9, 2002






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


Also present:



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




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


Mr. MacQueen informed that the Town had received a resignation letter from newly elected Town Clerk/Tax Collector.  He noted that for the recount Ms. Pam Kempton had been appointed as Town Clerk, but now had also resigned, therefore, the Selectmen would need to re-appoint Ms. Dorothy Marsden in the position.



(McDevitt/Bergeron) To accept the resignation of Ms. Mary Collins as Town Clerk/Tax Collector.




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



(McDevitt/Bergeron) To accept the resignation of Ms. Pam Kempton as Town Clerk




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



(McDevitt/Bergeron) To appoint Ms. Dorothy Marsden as Town Clerk/Tax Collector until the March 2003 election.




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




Mr. Lynde arrived.


March 26, 2002



(McDevitt/Bergeron) To approve the March 26, 2002 minutes as amended.




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




Swearing in of new Board of Selectmen & election of Chair and Vice Chair


Ms. Dorothy Marsden swore in Mr. Derby and Mr. McDevitt as Selectmen. 



(Lynde/McDevitt) To elect Mr. Greg Farris as Chairman.




(5 - 0 - 0) The motion carries.



(McDevitt/Derby) To elect Mr. Hal Lynde as Vice Chairman.




(5 - 0 – 0) The motion carries.  Mr. McDevitt abstained.


Waiver of Article K, Mr. Paul Dadak


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


Mr. Zarnowski said a request for a Waiver of Article K, per Section 295:16 Setback Waivers, for a proposed system for ML 30-11-130 (34 West Shore Drive) had been received.  He discussed the setback waivers and footage that were being requested. 


Mr. Paul Dadak and Mr. Harold Davis met with the selectmen.  Mr. Dadak informed that there was an existing year-round building at 34 West Shore Drive that had a 300-gallon tank and a dry well.  He was proposing to replace the current system with an innovative package treatment system. 


Mr. Davis, designer, explained the differences between a conventional system and the treatment system he had created.  He said he had eighty-two systems in operation and had never had a failure of a house system.  He said the system was approved by the state.  Mr. Davis said the big advantage to the system was that a leach field is not needed, only a very small field to disburse the water into the ground as an absorption process.  Mr. Dadak added that the process is contained within the tank, versus in a leach field and the solids were pumped out.  Mr. Davis handed out photos of systems to the Selectmen. 


Mr. Dadak informed that when test pits were dug, there was no water, just gravel.  He said that because of the lay of the land, the system would not be near the water table. 


Mr. Zarnowski said one of the main criteria he reviewed was the depth of the water table.  He spoke with Mr. Bill Evans, DES who felt the system was the best solution, rather than using a holding tank or dry well.  Mr. Zarnowski felt that the system would be an improvement to the existing. 


The Selectmen discussed how the unit worked.  It was explained that the tank needed to be pumped out every three years.  Mr. Davis discussed the problems associated with restaurant systems, which he had since modified.  He went on to explained the required maintenance with the system, which was to rebuild the compressor and pump the tank every three years and to review the ground unit every five years.  He said the agreement was transferable to any new owner.  Mr. Davis noted that the system was overdesigned for a house so it could handle twice the flow of a single house.  He also informed that he had an arrangement with Pump Systems in Franklin to do maintenance on the systems if customers desire.  He was hoping to have them offer rebuilt compressors for $150.  Mr. Davis discussed what would happen if the compressor failed. 


Mr. Zarnowski noted that there were other similar systems and patents and believed that all areas around the pond should have a similar system. 




Mr. John Hannon, West Shore Drive, an abutter was not opposed to the system.


The well radius was discussed.  Mr. Zarnowski informed that the proposed dispersal field was further away from the existing system.  Overall, he felt that the proposed system would be an improvement and provide the best protection to the pond and abutting lots. 



(Derby/Bergeron) To accept and approve the plan (for ML 30-11-130) as noted with the setbacks as well as the waivers.




(6 - 0 – 0) The motion carries.


Well Ordinance discussion


Mr. Farris said that there was an issue with the Well Ordinance that required well results.  A resident had not received the test results and ended up signing a waiver indemnifying the Town of liability.  Mr. Zarnowski said he discussed the Well Ordinance with Mr. Roland Soucy, Code Enforcement Officer and reviewed the criteria for the well test.  He discussed the possibility of a waiver process so that a Certificate of Occupancy could be issued before the water test results were received.  He said the ordinance was a living document and being reviewed for updates. 


There was a discussion regarding the requirements of the Well Ordinance.  Mr. Bergeron did not believe that waivers should be granted.  Mr. Farris suggested altering the ordinance and the time frame for water test results to be received, so that buyers could review in advance and alleviate last minute problems.  Mr. Lynde agreed with changing the time frame.  Mr. Zarnowski suggested having the wells dug after the foundation was in place.  Mr. Bergeron wanted to know if the Board agreed that granting a waiver based on results not being in on time could create problems.  Mr. McDevitt believed that the well tests were to give prospective homeowners well results.  He didn’t feel there were any liabilities granting waivers.  He agreed that the tests should be earlier in the process.  Mr. Derby also agreed that the testing should be earlier in the process. 


The Board discussed moving the process of well tests earlier and the type of report a prospective homebuyer would be provided with.  A suggestion was made to have the well test information contained on the Certificate of Occupancy so that banks would review as well as adding a sentence to the bottom of the Building Application.  Mr. Bergeron reiterated his opinion that everyone should follow the same rule and waivers should not be granted. 



(Farris/Lynde) To adjourn the Board of Health meeting.




(6 - 0 – 0) The motion carries.


The Board of Health adjourned at approximately 7:35pm.


The Selectmen reconvened.








Municipal Project


Mr. McDevitt said that a meeting was held with Ms. Jan Becker of Bread Loaf.  Handed out a copy of the minutes from the meeting and provided a preliminary schedule.  He said that there was asbestos, which was a known fact, at Sherburne School that may be disturbed.  He said theTown may need to hire a consultant to minimize the disturbance.  Mr. McDevitt said that he had contacted Mr. Tom Sommers of CLD regarding submitting a proposal to survey the Mills property.  He ended by saying there would be a meeting tomorrow for design input that would include the Interim Planning Director, Interim Town Administrator and a representative from the Town Clerk’s office. 


Mr. McDevitt said that Bread Loaf would meet with the Selectmen April 9, 2002 to discuss their project management agreement.  Mr. Farris asked that Mr. Roland Soucy, Building Inspector, to also attend the meeting.  He said that Town Counsel would also review the agreement. 


Mr. McDevitt said he had heard from a general contractor who was interested in the project.  Mr. MacQueen said that if a design build agreement was entered into with Bread Loaf, there would be a number of subcontractors.  There was a brief discussion regarding the bidding process.  Mr. Lynde believed if the Town hired a general contractor the Town would need a representative.  Mr. MacQueen said there would be a Clerk of Work. 




Park & Recreation Part-time Employee


Mr. Farris said that Park & Recreation had a part-time maintenance person two years ago that Mr. Bob Tryon would like to hire this year.  He wanted to know if the Selectmen needed to interview the candidate again. 


There was a discussion regarding the position.  Mr. Farris informed that Mr. Tryon had the money in his budget to cover the salary.  Mr. MacQueen informed that Mr. Tryon was very pleased with the work the employee had previously done. 



(Bergeron/McDevitt) To hire Mr. Wayne Waylon as a part-time summer maintenance employee for the Park & Recreation Department subject to a standard background check.




(5- 0 - 0) The motion carries.


Mr. Tryon will negotiate a start date. 




Mr. Farris asked that the Selectmen submit for the Selectmen Representative positions.


Mr. Farris discussed non-public sessions and what part of the meeting they should be held.  It was decided to hold non-public sessions at the beginning of the meeting if the Selectmen were meeting with Department Heads or had an appointment to make. 


Mr. Farris asked that if there was a topic for discussion the Selectmen should contact Mr. MacQueen to add an agenda item. 


Safety Committee Discussion


Mr. Lynde informed that at the Planning Board meeting there was a discussion regarding the role of the Safety Committee and if the meetings should be posted and minutes kept.  Mr. Lynde said that the Safety Committee was comprised of the Fire Chief, Police Chief, Road Agent, Planning Director, Town Administrator and the Health Officer.  Mr. MacQueen said that because the committee members were staff, it was essentially a staff meeting, not an official Town board that required postings.  He said that pubic could attend as long as they understood they would not have input.  He noted that meetings were held the first and third Wednesdays of the month at 1:30pm in the Town Hall Annex.   


Mr. Lynde said that the Safety Committee was advisory and the Planning Board was not bound to follow the recommendations. 


There was a brief discussion regarding the types of issues the Safety Committee reviewed.  Mr. MacQueen said that generally the Safety Committee reviewed site plans and subdivisions that the Planning Board was considering.  He said they also review traffic concerns. 




Mr. MacQueen said that most comments were received by people regarding the codification process.  He discussed the public phone in front of the Fire Station and said it cost $65 per month.  He will add an agenda item for the Selectmen to discuss further.  Mr. MacQueen discussed the vendor at the Pelham Plaza and their itinerant vendor license.  He suggested that a site plan be reviewed.  There was a brief discussion and the Selectmen decided to have Mr. MacQueen sign the license for the month of April, but have Mr. Roland Soucy, Code Enforcement Officer review for subsequent months.  The Selectmen also questioned the porta-potty at the same location.  Mr. MacQueen will have Mr. Soucy investigate. 


Mr. Bergeron said he met with Superintendent Bruce Mason of the Solid Waste Facility and informed that to finish the incinerator closure dust was removed for lead testing.  He said that the space where the incinerators were located now had a wood frame and would take steel sheets to enclose the area.  He noted that due to a minor accident, one of the reinforcements on one of the trailers needed to be repaired and would be taken care of.  Mr. Bergeron said that the propane area was in place and had the appropriate signage.  He ended by informing that handouts were available for the pubic, which provided the rules and regulations of the transfer/recycling facility. 


Mr. Derby said that the state was continuing to work up to the high tension wires for the Beautification project.  He said that in the past he received a booklet that informed that Selectmen were in charge of abandoned buildings.  He said there was an abandoned building on the corner of Bridge Street (Rt. 38) and Willow Street, which the Selectmen should take action with.  Mr. Derby requested that Division 5 be contacted to find out if a right turning lane would be added at the bridge on Mammoth Road for access to the industrial park.  Mr. Derby ended by thanking the voters for their support.


Mr. Lynde discussed the proceedings from the April 1, 2002 Planning Board meeting.


Mr. McDevitt said the state and developer had met regarding the dam at Spring Street and the Dam Bureau had approved the planned repairs.  He said the developer might come back asking the Selectmen to accept the pond.  Mr. McDevitt ended by extending an invitation to the Selectmen to walk the property Diane Wolven is donating. 


Mr. Farris discussed how he would chair the Selectmen.  He felt that the Town should take advantage of the fact that four Selectmen were available during the day.  He said that CIP would be holding a meeting and would be setting an aggressive schedule.  He informed that if forms weren’t in, they wouldn’t be considered.  He discussed the creation of the Tech plan and asked that Mr. Lynde review it once it was created.  Mr. Farris said he would like to be aggressive and ensure that Department Heads have their funds and that Warrant Articles were done in a timely manner.  He asked that departments provide a detailed listing of all revenue sources from the departments.  There was a discussion regarding the timeframe for departments to submit their budgets and draft Warrant Articles.  It was decided that budget requests and draft Warrant Articles should be submitted by mid June. 


Mr. Farris noted that contract negotiation discussion would be added to a future agenda.


Mr. MacQueen informed that interviews would be held for the Town Administrator position. 





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




Mr. Farris-Yes; Mr. Lynde; Mr. McDevitt-Yes; Mr. Bergeron-Yes; Mr. Derby-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 8:45 pm.  Also present was Mr. MacQueen.


The Board returned to public session at approximately     pm.




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




(  - 0 - 0) The motion carries.




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