APPROVED

TOWN OF PELHAM

BOARD OF SELECTMEN MEETING

MINUTES

May 7, 2002

APPROVED – May 14, 2002

CALL TO ORDER

PLEDGE OF ALLEGAINCE

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

MINUTES REVIEW

April 23, 2002

April 30, 2002

OPEN FORUM

None.

APPOINTMENTS

Grievance Hearing

REQUEST FOR NON-PUBLIC SESSION - Conservation Commission - on land matters

The Board entered into a non-public session at approximately 6:40 pm.  Also present was Mr. MacQueen.

Mr. Lynde arrived at approximately 6:45pm.

The Board returned to public session at approximately 7:10 pm.

REQUEST FOR NON-PUBLIC SESSION - Police Department - Interview for part-time Dispatcher

The Board entered into a non-public session at approximately 7:11 pm.  Also present was Mr. MacQueen.

The Board returned to public session at approximately 7:25 pm.  Mr. Farris handed the gavel to Mr. Lynde.

OLD BUSINESS

Coombs Junkyard License Application

Mr. Bergeron stepped down. 

Mr. Farris said that the Coombs junkyard license had been discussed at a previous Selectmen meeting and had sent the applicant a letter listing the pending concerns.  Mr. Lynde said that there were two issues: 1) receipt of a certified plot plan, and 2) completion of review of the property by the Fire Chief. 

Mr. Norman Coombs, Jr., Mammoth Road said that the Fire Chief was supposed to return and review the property, but had not yet returned.  Mr. Coombs said that as requested, he had removed the tires from the property. 

Ms. Joyce Coombs, Mammoth Road said that the surveyor bill, for surveying 1.67 acres, was now over $4000 and would cost approximately $10,000 to complete, which in her opinion was outrageous.  She said that Mr. William Hayes had been contacting the surveyor and they were being charged for the phone calls at approximately $125 per call.  She did not know why Mr. Hayes would be calling her surveyor.  Ms. Coombs explained that the family had been on the property for over fifty years.  She said she had removed items, as requested by the Fire Department, which had cost them approximately $4000 to date. 

Mr. Coombs wanted to know how Mr. Hayes got the name of their surveyor and what right he had to contact the surveyor regarding their property.  Mr. Lynde said that Mr. Hayes was not a Town employee or representative.  Mr. McDevitt said that the surveyor should only charge them for work they had authorized. 

Mr. McDevitt recalled that the Town had agreed to pay up to $2500 toward the cost of the survey.  He said that there had been some question regarding the survey, but that he would have to review the minutes.  Mr. Farris believed that establishing the correct line was mutually beneficial to both parties.  Mr. McDevitt said that Mr. Hayes had worked with the Town regularly to put together parcels of land at the park and had worked with various surveyors regarding property surrounding the Coombs parcel. 

Mr. Coombs believed that Mr. Hayes would not have a right-of-way if he didn’t get what he wanted.  Mr. McDevitt noted that the Town had a boundary dispute with the Coombs property.  He also noted that there were certain standards that needed to be met before a license could be issued. 

Mr. Coombs wanted to know what had changed in the past ten years.  Mr. Farris said that the license requirements had been changed approximately two or three years ago to require a certified plot plan.  Mr. Coombs said it would take more that six months to a year to prove what rights to the land they had.  Mr. McDevitt said that the process started approximately a year ago and the Selectmen had been sympathetic.  Ms. Coombs said that they had hired a surveyor months ago and provided him with a deed that was stamped in 1998 which states she owns eleven acres, which knew was incorrect. 

Mr. Lynde asked if the Town could contact their surveyor.  Ms. Coombs answered yes.  Mr. McDevitt was concerned with contacting the surveyor and setting a precedent. 

Ms. Coombs said that the surveyor informed he needed to continue researching the deeds.  She said the surveyor said he could put some of the permanent markers up and leave the cost at $4000, but if they wanted a certified plot plan the cost would be approximately $10,000. 

Mr. Farris said that the situation was unique, and wanted additional information.  There was a discussion regarding what issues were outstanding before the junkyard license could be issued and how the decision was made for the Town to grant $2500 toward the surveying.  It was brought out that Mr. Paul Zarnowski, Health Agent, may have information to help provide resolution.  Mr. Farris suggested contacting Mr. Zarnowski for any information and provide the Coombs family with an additional week to do additional work and have the Fire Chief complete his inspection of the property. 

Mr. McDevitt made a motion to deny the junkyard license as requested on the basis that the Town had not received a certified plot plan after approximately one year of waiting and the Fire Chief had not reviewed the property.  He included in the motion that according to the Fire Chief, the last time he was on the property, he did not receive the cooperation of Mr. Coombs for inspection of the property.  The motion was not seconded. 

There was additional discussion regarding the requirements of the ordinance.  Mr. McDevitt discussed the reasons for the certified plot plan, and a case in the past where there had been a lot line dispute.  He believed the Town had waited long enough for the requirements of the Coombs application to be resolved.  Mr. Lynde agreed that the requirements for a license were important and suggested adding an agenda item for the next meeting.  Mr. Farris gave direction to Mr. Coombs to contact the Fire Chief and grant access so the Fire Chief could perform all necessary inspections.  He asked that Ms. Coombs come to a resolution of the requirements.  Mr. Farris asked Mr. MacQueen to contact Mr. Zarnowski for any information that may benefit the situation.  Mr. McDevitt also wanted an answer regarding where the Coombs waste disposal was as mentioned in the Fire Chief’s letter.

Mr. Farris said the Selectmen would add an agenda item for the next meeting to discuss further. 

Street Names

Mr. Farris said that a memo had been received requesting proposed street names for a proposed subdivision.  Mr. Lynde noted that the Planning Board had accepted the plan for consideration with the condition that the street names be approved.  Mr. MacQueen noted that the ‘Safety Committee’ would now be called the ‘Staff’.  He said the Staff consisted of the Police Chief, Fire Chief, Health Officer, Highway Road Agent, Planning Director and the Town Administrator. 

Mr. McDevitt asked that an agenda item be added to discuss a procedure for approaching street names. 

Mr. Farris asked that the Planning Board representatives meet with the Selectmen to discuss any problems or complaints there may be.  He said that during the meeting there could be a discussion regarding the connection from Spring Street and Shephard Drive.  Mr. Farris asked that if the Staff had any questions regarding the connection they be submitted prior to the next meeting.  He said he would add an agenda item for a discussion at the next meeting. 

NEW BUSINESS

Hawkers and Peddler’s License - Jose Hot Dogs

Mr. MacQueen said a hawkers and peddler’s license had been issued each month to Jose Hot Dogs, which appeared to him that the establishment was not a hawker and peddler because it didn’t meet the definition of the license.  Mr. McDevitt believed that the license had been issued in good faith as temporary.  He agreed that the establishment did not meet the definition of the hawkers and peddler’s license.  Mr. Farris noted that the business had two fixed gas tanks.  Mr. MacQueen said that he had received feedback from the applicant, who had been told that he needed to apply for the hawkers and was upset, because he had now invested money.  He believed that a site plan review would be the proper venue for dealing with the situation. 

Mr. Bergeron asked if the establishment received a certificate of occupancy and if it was being tax assessed.  Mr. Farris said a hawker and peddler didn’t require a certificate of occupancy.  He also noted that the applicant was not being tax assessed. 

There was a brief discussion regarding the establishment, the information they were given, and what responsibility the applicant had to understand the license being issued.  The Selectmen agreed that the applicant did not meet the requirements of RSA 31:102a for the hawkers and peddler’s license.  Mr. MacQueen will contact the applicant to explain the issues. 

Audit - RFP

Mr. Farris said that a memo had been received from Mr. Bob Blanchette who informed that the contract would come to an end with the 2002 audit and asked if the Selectmen wanted to put the audit out to bid.

Mr. McDevitt wanted to ensure that all departments be involved in the audit.  Mr. Lynde said that the audit had to comply with the state requirements.  Mr. Farris noted that he had requested each department list all revenues so that offsets could be reviewed. 

Award of bids - Highway Truck

TOWN ADMINISTRATOR’S REPORT/SELECTMEN’S REPORT

Mr. MacQueen said that the company replacing the gas pumps would be finished on May 14th.  He noted that per a question at the last meeting, the playground equipment is inspected by a New Hampshire certified playground inspector annually.  He noted that there had been sixteen proposals had been received for the work done on both the Castle Hill and Tallant Road bridges. 

Mr. Bergeron said that the Board of Adjustment was in need of one or two more alternates.  He said that he met with Mr. Bruce Mason of the Transfer Station and noted that CDL was present today to do test pits for the septic system, also present was Mr. Paul Zarnowski, Health Officer.  He ended by informing that one full-time employee and two part-time employees would attend a 2-day transfer station certification held at the Department of Environmental Services. 

Mr. Lynde said he sat in on the Staff meeting where there was a discussion regarding street names and cul-de-sac lengths.  He said he had attended a Planning Board meeting May 6th and went on to discuss the items reviewed.  Mr. Lynde ended by saying he had requested that the Planning Board reconsider the approval for V & G Development because he believed that it was approved based upon faulty data, but the Planning Board refused to proceed with the process.

Mr. McDevitt informed that the Conservation Commission was in need of a Recording Secretary.  He asked if the Selectmen would mind if he discussed the situation with Mr. MacQueen.  The Selectmen did not have a problem with him discussing the advertising with Mr. MacQueen. 

Mr. Derby said he would review the RFPs for the bridges.  He then informed that Pennichuck Water would either merge, or sell to a Pennsylvania company.  He wanted to discuss whether the Town wanted to take over the water company and have Pennichuck run it as Hudson had done in the past and as Nashua was now considering.  There was a brief discussion regarding the Town’s current water rights, the pros and cons of having a water company controlling the water. 

Mr. Farris said CIP had reviewed the applications and would have the department heads come to the next meeting to make presentations.  He said there had been a request by Mr. Don Foss for a Town maintenance garage for Town equipment, which needed additional review and a presentation by Mr. Foss.  Mr. Farris said he would provide the Selectmen with the department head requests for review.  

REQUEST FOR NON-PUBLIC SESSION

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 9:00 pm.  Also present was Mr. MacQueen, Interim Town Administrator. 

The Board returned to public session at approximately     pm.

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