APPROVED

 

TOWN OF PELHAM

BOARD OF SELECTMEN MEETING

MINUTES

June 4, 2002

APPROVED – June 11, 2002

 

CALL TO ORDER

PLEDGE OF ALLEGAINCE

 

PRESENT:

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

 

Also present:

 

ABSENT:

members of the press and general public.

 

 

Mr. Pat MacQueen, Interim Town Administrator

              

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

 

MINUTES REVIEW

 

May 28, 2002

 

MOTION:

(McDevitt/Derby) To approve the May 28, 2002 minutes as amended.

 

VOTE:

 

(4 - 0 - 0) The motion carries.

 

OPEN FORUM

 

Mr. James Cryan, 112 Mammoth Road met with the Selectmen to discuss his concern with Zion National Bank possibly working with the Town on funding the Municipal bond.  He referenced the book “One Nation under Gods”.  He said after reviewing recent history that the Zion Bank would be shown to be an arm of the Mormon Church.  Mr. McDevitt felt that the purpose of open forum should be limited to business before the Town.  He said the Selectmen weren’t in the business of comparing religious philosophies and asked that Mr. Cryan limit his discussion to the Town borrowing from the bank.  Mr. Farris asked Mr. Cryan how, in his opinion, a financial relationship with Zion Bank would be detrimental to the Town, he asked that religious philosophies be put aside.  Mr. Cryan discussed the land that the Mormon Church had purchased in the past few years and believed that there may be implications if the Town decided to be affiliated with Zion Bank.  He said that the Town of Belmont recently had problems.  Mr. Farris said that the Town had not entered into any financial agreement concerning the financing and had yet to make a decision.  

 

APPOINTMENTS

 

Interview for reappointment to CTAC Committee

 

Mr. Farris said that the CTAC Committee had omitted to reappoint Mr. Jim Hogan as a member of the Committee within the allotted time.  He said that Mr. Hogan had been very active and knowledgeable in the participation.  Mr. McDevitt said that Mr. Hogan had done a good job.

 

Mr. Hogan discussed the status of the dealings with Adelphia.  He said that Adelphia had defaulted on some of their obligations.  He went on to discuss how the Town would be affected if Adelphia were to not have the rebuild completed and if the company were to go bankrupt. 

 

MOTION:

(Derby/Bergeron) To put Mr. Jim Hogan onto the CTAC Committee for a term of three years, effective April 1, 2002 through March 31, 2005. 

 

VOTE:

 

(4 - 0 - 0) The motion carries.  

 

Request for nonpublic session per RSA 91-A:3 II (b) Interview for hiring of patrolman, Chief Evan Haglund

 

REQUEST FOR NON-PUBLIC SESSION

 

MOTION:

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

 

ROLL CALL:

 

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

 

The Board entered into a non-public session at approximately 6:55 pm.

 

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

 

Mr. Farris handed the gavel to Mr. McDevitt to make the following motion:

 

MOTION:

(Farris/Bergeron) To appoint Mr. Joseph Lawrence Keating as a member of the Pelham Police Department starting June 24, 2002, based on achieving all the standard probation procedures.

 

VOTE:

 

(4 - 0 - 0) The motion carries.  

 

Mr. McDevitt gave the gavel back to Mr. Farris. 

 

Spring Street Extension, Tom Sommers, CLD

 

Mr. Farris said that the residents had met with the Selectmen to request improvement of the road extension and that they were willing to pay for it.  He said there was a betterment fee process set up for the improvements.  He said due to additional culverts that may be necessary, there may also be additional changes and costs. 

 

Mr. Tom Sommers of CLD met with the Selectmen and provided a plan of the proposed work.  He said that currently the area had a 12’-14’ gravel driveway/road with no drainage control.  He said the intent was to bring up the standards of the road structurally, but that it would actually be 18’ plus curbing.  Mr. Sommers discussed the problems with the area and said that a down stream defender would need to be added so that sediment would be separated out and vacuumed out once a year.  He said that shoreline protection approval as well as a site-specific permit was needed.  He said that the catch basin would cost approximately $25,000 and the total cost would most likely be close to $200,000.  He recommended holding an additional public hearing to show the residents where the construction disturbance would occur.  Mr. Sommers said that if the project were to move forward, he would obtain the permitting that included a wetlands permit, a shoreline protection approval (for anything within 150’ of the shoreline) and a site-specific permit. 

 

Mr. Lynde arrived.

 

Mr. Derby wanted to know if there would be any upgrade for the connecting roads.  Mr. Sommers said other sections would not be upgraded. 

 

Mr. McDevitt said that there had been a lot of discussions regarding the cost and also believed that an additional public hearing should be held.  He wanted to know why there would be additional costs from what was originally discussed.  Mr. Sommers said that the rules of the shoreline protection had come into play and would need to be held to. 

 

Mr. Dave Brouillet, Community Development Director, asked if the project fell in the area designated under the EPA MPDS.  He wanted to know if the area would comply if it fell under the MPDS.  Mr. Sommers was unsure if the area was within the designated MPDS area, but that it would comply if it were.  Mr. Brouillet believed that the Town should be a leader in the way the drainage would be treated since there was a direct outlet into Little Island Pond.  Mr. Farris agreed with Mr. Brouillet and assumed that the Town would take the most effective way to handle the water. 

 

There was a brief discussion of what steps should be taken.  Mr. Sommers suggested that he begin the permitting process because of the length of time it would take.  Mr. McDevitt said that he was disappointed with the prospect of possibly going back before the Budget Committee.  He was unsure if support would be given this time.  The Selectmen discussed the timeframe for the project.  Mr. Sommers said that the design contract would be honored.  Mr. Farris said that he would await work from Mr. Sommers regarding the permit process and would schedule a public hearing from then. 

 

Dave Brouillet, discussion on expectations

 

Mr. Dave Brouillet met with the Selectmen to discuss what his course of action would be regarding the operations of the Planning Department.  He said the immediate task was to get the files in order.  He requested that the Planning Department be allowed to close for the next two Wednesday afternoons to work on the files.  He said that storage was also a concern and questioned how to obtain the funding for making the department paperless.  Mr. Farris said that the Planning Board Chairman, Mr. Victor Danevich and the Interim Planning Director, Mr. Clay Mitchell had the same issues and discussed the possibility of DVD storage and requiring that mylars be submitted.  He suggested that Mr. Brouillet discuss the issue with Mr. Mitchell and Mr. Danevich who were researching the cost.  Mr. Brouillet suggested taking the job out-of-house and obtaining quotes for completing the job all at one time. 

 

Mr. McDevitt discussed his past experience with records management.  He said that Mr. Brouillet should certainly review problems and seek out solutions, but that funding would have to wait until the Town vote in March.  Mr. Brouillet said that ideally the cost should be borne from the development that occurred in the Town, but would be difficult because the department was in catch-up mode.  He said that the files would be organized differently, so that there would be accountability with the contents.  Mr. Farris suggested picking a date and moving forward with the reorganization and handle the older files at another time.  Mr. Brouillet said that he would be reviewing and identifying the plots of land, that by virtue of their size could be subdivided, and ensuring that those files were in order. 

 

Mr. Farris asked Mr. Brouillet to post a closure notice at least one week in advance of closing the Planning Department. 

 

Mr. Bergeron understood the types of files that were stored at the Planning Department and supported the closure.  He agreed that a better system for new files using future technology would help the department. 

 

Mr. Brouillet discussed the interconnection of the Town’s department heads and noted that there was no internal e-mail system.  Mr. Farris noted that Mr. Lynde was working with Mr. Danevich and Mr. Jim Greenwood to implement a new plan for the Municipal Building.  He told Mr. Brouillet to contact Mr. Lynde for any additional information.  Mr. Brouillet said that he had designated certain times during the week for meetings with the public, engineers and the Staff to hopefully avoid concerns that had been issues in the past.

 

Mr. Brouillet said that he had met with the Fire Chief to discuss the role of the new Fire/Code Enforcement Officer and had a good understanding of the role that person would have.  He said a system had been set up to handle complaints and how he would handle issues that were reported. 

 

Mr. Brouillet said to minimize the traffic accessing files, he would like to change the locks in the Planning Department. 

 

Mr. Lynde discussed Mr. Brouillet’s title and position as Community Development Director versus the title and position of a Planning Director.  Mr. Brouillet handed out a draft memo that outlined the responsibilities of the Community Development Department and how his role as a Community Development Director differed from that of a Planning Director.  There was a brief discussion regarding the possibility of changing Mr. Brouillet’s title from Planning Director to Community Development Director.  

 

The Selectmen, as a consensus, were agreeable to the Planning Department closing in the afternoon for two Wednesdays.  Mr. McDevitt asked that Mr. Brouillet speak with Mr. MacQueen regarding the budget for changing the locks to the Planning Department.  Mr. Farris reiterated that Mr. Brouillet should speak with Mr. Danevich and Mr. Greenwood regarding the change of technology.  Mr. Bergeron suggested utilizing the fax machines to send information until a new system was implemented.  Mr. McDevitt asked that Mr. Brouillet contact the Selectmen in a few weeks to provide an update.  Mr. Farris asked if the budget had been set up for the department by Mr. Mitchell.  He said if he needed an additional week, it would be understandable. 

 

Mr. Farris asked when Mr. Mitchell would be off the Town’s payroll.  Mr. Brouillet believed that Mr. Mitchell would be through in the next couple weeks, but would remain as a consultant to finish the applications he started.   

 

MOTION:

 

(McDevitt/Lynde) To change Mr. Dave Brouillet’s title from Planning Director, to Community Development Director. 

 

VOTE:

 

(5 - 0 - 0) The motion carries. 

 

NEW BUSINESS

 

Funding of bid for janitorial services

 

Mr. Farris said that Mr. MacQueen sought bids for the Town buildings, the results of which were in the Selectmen’s packets.  Mr. MacQueen provided a memo that informed the low bid was fully responsive, but that the final reference check was yet to be completed. 

 

MOTION:

 

(Lynde/Derby) To award the custodial service contract for the Town to Corporate/ Commercial for $1960 per month, subject to all references being reviewed. 

 

VOTE:

 

(5 - 0 - 0) The motion carries. 

 

OLD BUSINESS

 

Jericho Road discussion

 

Mr. McDevitt said that the closing of the property was getting close.  He said that a meeting had been set up for Thursday for closing, but additional questions had been raised.  He asked if could continue to be the representative.  He said he would continue to provide updates.  The Selectmen did not have a problem with Mr. McDevitt continuing to be the representative.

 

Municipal Building-financing, construction management/general contractor discussion

 

Mr. Farris said that Mr. MacQueen had additional discussions with Zion Bank, whose Counsel had weighed in additional opinion, and upon the advise would therefore provided a fixed rate of 4.9% for ten years on an A series bond.  He said the B series bond for the second ten years at 12%.  He noted that the Town could refinance the second ten years after five years.  The Selectmen discussed the information they received.  Mr. Lynde would like to research the possibility of doing a mortgage.  Mr. Farris suggested having Mr. MacQueen set up an additional meeting with Ms. Susan Winshall of Zion Bank to answer any questions.  Mr. McDevitt asked if he could also contact Ms. Winshall with questions.  The Selectmen did not mind Mr. McDevitt contacting Ms. Winshall to answer questions.  Mr. McDevitt suggested that Mr. MacQueen contact the bond bank for a quote to be used as a cost comparative.  Mr. Lynde said that the Town Treasurer could research the information. 

 

Mr. Farris said that per Mr. MacQueen the time was nearing to make a decision to go with either a construction management company or a general contractor for the Municipal Building.  There was a brief discussion regarding the pros and cons with proceeding with a general contractor versus continuing business with Breadloaf as the construction manager.  There was an additional discussion regarding the process Breadloaf would use to bid work out and if the local contractors would have the opportunity to possibly be awarded jobs.  Mr. McDevitt said he could e-mail Breadloaf and request that they send the specific procedure.  Mr. Farris said that the Selectmen would add an agenda item for the next meeting.   

 

NEW BUSINESS CON’T

 

Resignation of call firefighter/paramedic

 

Mr. Bergeron said that a resignation had been received for a call firefighter/paramedic and the Selectmen had been asked to accept it with regret.

 

MOTION:

(Bergeron/Lynde) To regretfully accept the resignation of Mr. Robert Ackerson, call firefighter/paramedic.

 

VOTE:

 

(5 - 0 - 0) The motion carries. 

 

 

Employee volunteer contributions to deferred comp. plans

 

Mr. Farris said that all employees could contribute to deferred comp. plans where allowed.  He said that in the past there had been some confusion as to who could contribute, but that the parameters had been researched and now clarified.  Mr. MacQueen had submitted a memo to the Selectmen requesting that a motion be passed, with suggested language as follows: The intent of the Board of Selectmen that all regular employees of the Town be able to voluntarily contribute through payroll deductions to all Town Section 457 plans, where those plans by their own terms allow for such voluntary unmatched contributions. 

 

MOTION:

(McDevitt/Derby) The intent of the Board of Selectmen that all regular employees of the Town be able to voluntarily contribute through payroll deductions to all Town Section 457 plans, where those plans by their own terms allow for such voluntary unmatched contributions.

 

VOTE:

 

(5 - 0 - 0) The motion carries. 

 

Hazardous Waste

 

Mr. Farris received a phone call from NRPC regarding the Town’s participation in the Hazardous Waste Program, which would begin June 15, 2002.  He said the Town had been involved every year and the cost was $3150, which he believed had been funded.  The Selectmen were in agreement to continue being involved in the program since it was currently in the budget.

 

TOWN ADMINISTRATOR’S REPORT/SELECTMEN’S REPORT

 

Mr. Derby had no report.

 

Mr. McDevitt said that the American Legion and Veterans of Foreign Wars would hold Flag Day June 9, 2002 at 11am.  He reported that if residents had any questions regarding West Nile Virus they should access the Department of Health and Human Services website (www.DHHS.State.NH.US). 

 

Mr. Lynde said that the Planning Board held a meeting June 3, 2002.  He reviewed the agenda and the outcome of the cases discussed.  He informed that he had received a call from DES who informed that federal funding had been obtained for the clean up of Green Acres. 

 

Mr. Bergeron met with the Fire Chief who informed that Mr. Tom Ryan was enrolled in the Fire Inspectors Course at the state fire academy in Concord and was expected to complete the course June 10, 2002.  Mr. Bergeron said that he met with Mr. Bruce Mason who was expecting a letter from DES regarding the cleaning of the old incinerator building, which had been tested and contained high lead levels on the wall, ceiling and floor.  He said the Hudson Haz Mat team had reviewed the building and provide recommendation of the process that would need to be done.  He said that the trash compactor had developed a hydraulic leak and that it would be reviewed.  Mr. Bergeron ended by informing that Mr. Mason and Mr. Larry Neskey would be attending a burn pit workshop on June 6, 2002. 

 

Mr. Farris said that CIP would meet and finalize all the department projects.  He said the Planning Board and the Selectmen would then vote upon the CIP and would then go to the Budget Committee.  Mr. Farris said that CTAC held a meeting and discussed the Town’s position regarding its dealings with Adelphia.  He noted that there had been an accident with one of the Police cruiser, none of the people involved were seriously injured and that the cruiser was repairable.  He said that the K-9 competition went well and was very impressive. 

 

Mr. Lynde informed that the Planning Board had voted to engage NRPC to help create a Hazard Mitigation Plan.  He said that NRPC needed a letter from the Selectmen before they could proceed.  He said that there would be no cost to the Town. 

 

MOTION:

(McDevitt/Lynde) To send NRPC a letter indicating that the Town would like to work with them for the creation of a Hazardous Mitigation Plan. 

 

VOTE:

 

(5 - 0 - 0) The motion carries. 

 

Mr. Lynde will have Mr. MacQueen draft a memo. 

 

REQUEST FOR NON-PUBLIC SESSION

 

MOTION:

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

 

ROLL CALL:

 

Mr. Farris-Yes; Mr. Lynde-Yes; 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 9:18pm. 

 

The Board returned to public session at approximately      pm.

 

MOTION:

 

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

 

VOTE:

 

(   )

 

ADJOURNMENT

 

MOTION:           (    ) To adjourn the meeting.

 

VOTE:                 (      )

 

The meeting was adjourned at approximately      pm.

 

                                                                                          Respectfully submitted,

 

                                                                                          Charity A. L. Willis

                                                                                          Recording Secretary