APPROVED

 

TOWN OF PELHAM

BOARD OF SELECTMEN MEETING

MINUTES

June 25, 2002

APPROVED – July 2, 2002

 

CALL TO ORDER

PLEDGE OF ALLEGAINCE

 

PRESENT:

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

 

Also present:

 

ABSENT:

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

 

Mr. Richard Derby

              

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

 

MINUTES REVIEW

 

June 18, 2002

 

MOTION:

(McDevitt/Lynde) To approve the June 18, 2002 minutes as amended.

 

VOTE:

 

(4 - 0 - 0) The motion carries.

 

September 19, 2001

 

MOTION:

(Lynde/Bergeron) To approve the September 19, 2001 minutes as written.

 

VOTE:

 

(4 - 0 - 0) The motion carries.

 

APPOINTMENTS

 

Presentation of Certificate of Appreciation, Firefighters Auxiliary

 

Mr. Farris read aloud the Certificate of Appreciation being presented to the Firefighters Auxiliary.  The Certificate gratefully acknowledged the dedicated citizenship in donating a hovercraft to the Pelham Fire Department. 

 

The Selectmen presented the Certificate of Appreciation to the Firefighters Auxiliary. 

 

Swearing in of new patrolman, Chief Haglund

 

Ms. Dorothy Marsden, Town Clerk, swore in the new patrolman, Mr. Joseph Keating, to the Pelham Police Department.  The Selectmen introduced themselves and congratulated the new officer.   

 

OPEN FORUM

 

Fire Chief David Fisher, being the Emergency Management Director presented the Selectmen with a reimbursement check from the state for winter expenses in the amount of $3,816.  He said the check would be placed in the General Fund. 

 

APPOINTMENTS CON’T

 

Waiver of Article K, Paul Zarnowski, Health Officer

 

The Selectmen convened as the Board of Health.  Mr. Paul Zarnowski, Chairman called the meeting to order.

 

Mr. Zarnowski said a request had been received to waive Article K - Section 295-16 (setback regulations of the Town).  He said the owner was Mr. Ray Germaine, Westview Road (ML 42-10-174). 

 

Mr. Gary Hamm, Hamm Septic Services reviewed the plan with the Board.  He said the existing lot contained pre-existing conditions.  He said they could not meet all the Town’s setback requirements for Group 5 - poorly drained soils (75ft).  He provided a comparison of the setback requirements for the state versus the Town.  He said they also had problems meeting the setback requirements for open drainage and private wells.  Mr. Hamm noted that the existing system was located directly in the water table and the new system would be raised above the water table to provide purification.  He said there were no other options on the lot. 

 

Mr. Lynde wanted to know what the lot dimensions were.  Mr. Hamm said the lot was one acre.  He said placement was the problem, not the lot size.  Mr. Lynde asked if the proposed system would be located where the existing system was.  Mr. Hamm said it was in the area, and would be four feet above seasonal water table. 

 

Mr. Zarnowski discussed the field observation and the differences between the existing and proposed well.  He felt the proposed well was the best that could be done. 

 

MOTION:

(Lynde/Bergeron) To grant the requested Article K waiver to Section 296-16 for ML 42-10-174, separation from open ditches, wells and wetlands with the distance being greater than 50ft., but less than the required 75ft. 

 

VOTE:

 

(4 - 0 - 0) The motion carries.

 

The Board of Health adjourned.  The Selectmen reconvened. 

 

OLD BUSINESS

 

Municipal Building

 

Mr. McDevitt attended a meeting with Breadloaf and noted that there was a review of the building design, which was getting closer to finality.  He said that Ms. Jan Becker, Breadloaf would be happy to review the design with the Selectmen.  Mr. Farris suggested setting up a meeting.  Mr. McDevitt said that the Selectmen would also need to discuss the bidding process procedures. 

 

Mr. McDevitt said that the Environmental Protection Agency’s  storm water management requirements was brought up and Breadloaf pointed out that it would be added to the cost because of Federal mandates.  He said that the asbestos report had been received.  He said it was important for Breadloaf and the asbestos people to overlay the plans and determine how to proceed. 

 

Mr. McDevitt said that the acoustics in the gym would need to be upgraded.  He said that Ms. Becker spoke with an engineer and was more expensive than expected.  He said the upgrade would be an add-on item, at some other time.  Mr. McDevitt said that a large set of plans had been submitted by Breadloaf, relative to demolition.  He said that Ms. Becker had sent a letter to Mr. Roland Soucy relative to energy questions in the building, which the Selectmen should have a copy of. 

 

Mr. Lynde said he received via e-mail an extensive list of items that would go out for bid specification.  The other Selectmen had not yet received the list and would check their file. 

 

Mr. Bergeron had a concern about some of the wording within the bid specification process and would like to discuss during the meeting with Breadloaf.  He said he would like to see all the applications and have everyone fill out the same type of paperwork to qualify, without excluding companies that had worked for Breadloaf in the past.  Mr. Farris believed if a company had worked for Breadloaf in the past, they would have previously qualified.  He said that Mr. Bergeron could direct his question to Breadloaf during the upcoming meeting with them. 

 

APPOINTMENTS CON’T

 

Summer Staff, Bob Tryon

 

Park and Recreation Director, Mr. BobTryon said a list of the proposed staff had been provided to the Selectmen.  He said that at the last meeting one person was removed and two people had been added.  He also noted that all the background checks had been completed.

 

MOTION:

(McDevitt/Lynde) To accept the list of names proposed by Mr. Bob Tryon as summer staff for the Park and Recreation Department.

 

VOTE:

 

(4 - 0 - 0) The motion carries.

 

Little League donation, Bob Tryon

 

Park and Recreation Director, Mr. Bob Tryon said he had been approached by Mr. Blinn of the Little League who said the Little League would like to make a donation of $648.42 for seed and fertilizer for the ball fields.  He said they would also like to donate $776.18 for a York rake.  There was a brief discussion regarding the donation policy.  Mr. MacQueen said he would schedule a pubic hearing for the July 9, 2002 meeting. 

 

Mr. Tryon said he was also approached by Mr. Vanti of the Pelham/Windham Razorbacks who would like to donate $6000 for the purchase of benches and bleachers at Muldoon Park.  Mr. McDevitt asked that detailed information be provided prior to the meeting.  Mr. MacQueen will schedule the public hearing for the donation at the July 9, 2002 meeting. 

 

Update on Newcomb Field, Bob Tryon

 

Park and Recreation Director, Mr. Bob Tryon said that he spoke with Mr. Gagne regarding the two situations: 1) trash/rubbish; 2) alcohol consumption.  He said that Mr. Gagne sent a letter to every manager, which states that under no circumstances will any alcohol beverage be tolerated either, before, during or after practices and games.  Mr. Tryon and Mr. Gagne came to an agreement that a Park and Recreation staff member would randomly monitor the Men’s Softball League by being physically present at the field over the next few weeks.  The League will absorb the cost.  He said if the staff member observes any alcohol being consumed they will reinforce to the individual, in a non-confrontational manner, the Town’s position.  He said that the staff member would be wearing a Park and Recreation Department staff shirt so they would be clearly recognizable. 

 

OLD BUSINESS CON’T

 

Coombs Junkyard

 

Mr. Bergeron stepped down.

 

Mr. Normand Coombs, Jr. and Ms. Joyce Coombs met with the Selectmen to hear the determination regarding their junkyard license. 

 

Mr. MacQueen said that the Fire Inspector had been to the site and informed that all the conditions and requests had been met.  He said the Building Inspector said there were approximately one hundred tires still to be moved, but that all of the vehicles needing to be moved had been.  He said the Town had received assurances that the tires would also be moved within the next day or so.  Mr. MacQueen said the Town had received a plot plan.  He said it was not certified and the Selectmen would need to decide if it would be required.  He said the Health Inspector had previously been concerned with hay bales, which had since been placed in the requested areas. 

 

Mr. Lynde was satisfied that the Coombs junkyard had met the conditions.  He said there was a general agreement that the plot plan was correct.  Mr. Farris asked if the final lot line could be determined since the cars had been moved.  Mr. MacQueen said that Mr. Zarnowski suggested coming to an agreement of where the lot lines were, have them marked and recorded.  Mr. McDevitt asked if Mr. Coombs agreed with the lot lines shown on the plot plan provided.  Ms. Coombs indicated she did not see the draft plan from Maynard & Paquette.  Mr. Farris suggested having the surveyor meet with a Town representative and Mr. Coombs at the site to review and come to an agreement regarding the final lot line.  He suggested that Mr. Coombs contact Mr. MacQueen to set up a date to review the site. 

 

Mr. McDevitt said with other licenses, abutters might have concerns, which was why the Town requested certified plot plans.  He said the difference with the Coombs junkyard license was that the Town abutted the property on three sides. 

 

Jean-Guy Bergeron junkyard license application

 

Mr. Bergeron had stepped down during the previous discussion and remained stepped down for this discussion as well. 

 

Mr. McDevitt said that he had a question for Town Counsel that would be appropriate for a non-public session. 

 

REQUEST FOR NON-PUBLIC SESSION

 

MOTION:

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

 

ROLL CALL:

 

Mr. Farris-Yes; Mr. Lynde-Yes; Mr. McDevitt-Yes; Mr. Bergeron-previously stepped down. 

 

The Selectmen entered into non-public session at approximately 7:23pm.  Also present was Mr. MacQueen, Interim Town Administrator.

 

The Board returned to public session at approximately 7:40 pm

 

Mr. McDevitt made a motion to extend the existing license for an additional 90-days.  Mr. Lynde seconded.  Mr. McDevitt said that the Town was governed by two sets of rules, local and state regulations.  He said one of the hooks in the state regulations was that a junkyard could not be a public nuisance.  He felt it was clear, based upon information from DES, that Mr. Bergeron’s junkyard was a public nuisance.  He went on to say that Mr. Bergeron had indicated to the DES he was putting a plan together that would be a step to clean things up.  Mr. McDevitt felt that the greater public good was to have the junkyard stay in business, and continue to cooperate with the DES to meet their requirements.  He said that granting the 90-day extension would allow Mr. Bergeron the ability to demonstrate his willingness to cooperate with the state.  He said the extension would provide a checkpoint so that the Board could be satisfied that Mr. Bergeron continued to work with DES to remedy the situation. 

 

Mr. Farris said that a letter had been received by DES, which acknowledged receipt of a letter sent by Attorney Soltani, who represented Mr. Bergeron.  Attorney Soltani’s letter contained proposals for remediation along with specific dates and guidelines.  Mr. Farris believed that DES would continue to keep the Selectmen advised of the progress. 

 

MOTION:

(McDevitt/Lynde) To extend the existing license for an additional 90-days. 

 

VOTE:

 

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

 

Mr. Bergeron returned to the Board. 

 

NEW BUSINESS

 

Budget Review:

 

Conservation Commission - Mr. McDevitt noted that Mr. Yarmo informed earlier that the Conservation Commission’s budget needed additional backup.  Mr. Farris said that Conservation’s budget review would be placed on the agenda for July 9, 2002. 

 

Town Clerk - Ms. Dorothy Marsden presented the Town Clerk’s budget to the Selectmen.  Mr. McDevitt asked the Selectmen to consider splitting the salary for the Town Clerk and the Tax Collector and moving them into separate budgets.  He said there had also been a suggestion to combine the two positions, but if they were combined, it would not become effective until March, 2004.  Mr. Farris asked if the time for both positions was spent evenly.  Ms. Marsden said that question was hard to answer.  Mr. MacQueen said that if the salaries were separated and placed into the respective budgets, the amount would not be practical for a single position. 

 

Ms. Marsden began by reviewing the salaries.  The Town Clerk salary will remain at $41,200, as budgeted the previous year.  The percent increase will be voted at a later date.  Mr. McDevitt wanted to know if a person ran for the office if they would receive the budgeted amount plus the increase.  Mr. Farris suggested establishing a salary number for what the Selectmen thought the position should be paid, and have a separate line under the department head pay increase line that could either be expended, or not.  Mr. McDevitt suggested reviewing the NHMA survey number for a proposed salary. 

 

Ms. Marsden reviewed the remaining items for the Town Clerk budget.  She noted that utilities, telephone and expenses remained the same as the previous year.  She will review the need to increase postage costs due to the Post Office raising their charges. 

 

Tax Collector - Ms. Marsden began by reviewing the salaries.  She noted that under supplies she had raised the postage.  She noted the percent was higher than the Post Office’s increase because she fell short on the budgeted amount contained within the 2002 budget.  Mr. McDevitt asked if the items under the computer supplies were consumables.  Ms. Marsden said the items were consumables.  She went on to review the budget.  She said that utilities, telephone, equipment repairs, computer repairs remained the same as the previous year.  She said that there was a new server listed under new equipment in the 2002 budget, but they had not received it.  There was a brief discussion regarding the computer needs and it was suggested that Ms. Marsden have a discussion with Mr. Lynde, Mr. Victor Danevich, Mr. Jim Greenwood. 

 

Ms. Marsden completed reviewing the Tax Collector budget. 

 

Mr. McDevitt noted that the Tax Collector request for 2003 was $68,428 and the 2002 appropriation was $67,877.  He said that the 2003 request for the Town Clerk was $94,531 and the 2002 appropriation was $89,564. 

 

Elections - Ms. Marsden began reviewing salaries and noted there was decrease because only one election would be held. 

 

Mr. Farris discussed the possible need for an additional voting machine.  Ms. Marsden said that a rental machine had been added to equipment rentals.  Mr. Bergeron wanted to know if the machine having problems had since been serviced.  Ms. Marsden said the machine had been serviced after the election. 

 

Ms. Marsden went on to review the election budget and informed that all other items listed remained the same as in the previous year. 

 

Cable TV - Mr. Jim Greenwood met with the Selectmen.  He began by discussing the situation with Adelphia Cable.  He informed that he received a telephone call from Ms. Dottie Grover, Londonderry Cable Coordinator, inviting him to a meeting.  He said that approximately twenty-four Towns were represented at the meeting and there were discussions regarding Adelphia’s compliance.  He said there might be need in the future to form a consortium and seek legal advice.  He said the legal fees would be based upon subscribers.

Mr. Farris asked if Adelphia was current with paying the franchise fees.  Mr. Greenwood said that Adelphia appeared to be in compliance, and up to date with payments. 

 

Mr. Greenwood reviewed the Cable TV budget.  He said that the only two increases were contractual salary obligations.  There was a discussion regarding the fact that the budget was covered by the franchise fees, except for the contractual increases.  Mr. Greenwood was hopeful that there would be an increase in revenues based upon the added features of the rebuild. 

 

Mr. Greenwood informed that there was not much grant money left in the trust.  Mr. Lynde wanted to know how much of the money had been spent in the last two years and asked what would happen if the money were not there.  Mr. Greenwood said he would need to review.  Mr. Lynde suggested placing some money aside within the budget for equipment repair, which would be reduced to zero if the contract were renegotiated for the grant with the cable company.  Mr. MacQueen believed if there were expenses each year, the Cable budget should include the expenses, irrespective of the grant.  Mr. Farris asked Mr. Greenwood to review his current equipment, determine what pieces may need replacing and add the number to the budget.  Mr. MacQueen noted that even though the money may have been in the trust, it had not been appropriated and couldn’t be spent.  Mr. Lynde believed that the warrant article for the grant was placed in an expendable trust. 

 

Mr. Greenwood went on to review the Cable TV budget.  Mr. Farris asked for the back-up information for Selectmen review before the July 9, 2002 meeting.  He asked that the Selectmen be informed if Cable needed Attorney Epstein’s advice.

 

Health Officer - Mr. Farris said there had not been a change in the budget from the previous year.  Mr. McDevitt asked if the stipend amount was appropriate.  Mr. MacQueen didn’t get the feeling from the Health Officer that he was unhappy with the amount.  He believed the stipend would be escalated just any other pay would be. 

 

Health Services - Mr. Farris said there had not been a change in the budget from the previous year.  Mr. McDevitt said that the Town usually received a letter in the fall, which indicated what the charges would be.  Mr. Farris said the budget could be voted and then reconsidered at later date. 

 

Human Services - Mr. Farris said there had not been a change in the budget from the previous year.  Mr. Lynde suggested reviewing the actuals. 

 

Interest/Tan - Mr. Farris said there had not been a change in the budget from the previous year. 

 

Legal - Mr. Farris said there had not been a change in the budget from the previous year.  Mr. Lynde wanted to know where Attorney Epstein’s fee would show up.  Mr. MacQueen believed that Attorney Epstein’s fee was included in the figure noted.  Mr. Farris asked that Attorney Epstein’s fee be reviewed from 2001 and so far in 2002.  Mr. McDevitt asked that Mr. MacQueen contact Attorney Diane Gorrow to determine the pending cases and what may be carried into 2003. 

 

Town Celebrations - Mr. Farris said there had not been a change in the budget from the previous year.  Mr. McDevitt said he needed to speak with Mr. Bob Tryon regarding the recreation activities.  He said that Mr. Tryon had previously budgeted children games (i.e. moonwalk) and would no longer be paying for them.  He believed that Pelham Community Spirit and the Friends of the Library had worked out an arrangement.  Mr. McDevitt said he would also ask Community Spirit to contact the Selectmen regarding activities. 

 

Treasurer - Mr. Farris said there had not been a change in the budget from the previous year.  Mr. McDevitt noted that the postage amount had not changed.  Mr. Lynde said that Mr. Bob Blanchette could answer the question since postage was handled through the Annex. 

 

Trust Funds - Mr. Farris said there had not been a change in the budget from the previous year. 

 

Budget Committee - Mr. Farris said the budget had increased to cover the Selectmen’s budget non-union wage pool. 

 

Resignation of Police Officer

 

Mr. Farris informed that Police Officer Albert Piccolo had tended his letter of resignation effective July 13, 2002.  He said that Officer Piccolo would be leaving to be an officer in his hometown of Tewksbury. 

 

MOTION:

(Lynde/Bergeron) To accept the resignation of Police Officer Albert Piccolo effective July 13, 2002.

 

VOTE:

 

(4 - 0 - 0) The motion carries. 

 

TOWN ADMINISTRATOR’S REPORT/SELECTMEN’S REPORT

 

Mr. MacQueen received a letter from Mr. Phil Currier requesting a public hearing for the consideration of the acceptance of  land to be added to the North Pelham Cemetery.  Mr. Farris asked that the public hearing be scheduled for the July 9, 2002 meeting.  Mr. MacQueen said that Police Chief Haglund submitted a letter that requested that the Town donate their old policing van to the Red Cross.  Chief Haglund noted that the van had been purchased from the Federal Government in 1997 for $25. 

 

MOTION:

(Lynde/McDevitt) To allow the Police Department to donate their old policing van to the Red Cross.

 

VOTE:

 

(4 - 0 - 0) The motion carries.

 

Mr. MacQueen said that he handed out material of a letter from James and Sandra Crawford who had been researching an issue dating back to 1998-1999.  He said the Crawfords were neighbors to a Town right-of-way.  Mr. MacQueen said it appeared that the Town gave the property owner permission to clear a 30ft. access over a Town 50ft. right-of-way, but it appeared that the property owner cleared more than what they were given permission to do.  He said that the area had been excavated and cleared.  He said the Planning Department was planning on writing a letter to the owner.  Mr. Lynde believed the parcel was land locked and the Selectmen realized the need for access to the parcel.  He said the understanding was that the owner would clear 30ft. and leave 10ft. on each side for a buffer to the neighbors.  He felt there was a claim against the owner and thought the Town should pursue it.  Mr. Farris recalled that the owner was being allowed to gain simple access to the property, but that it was not to be developed.  Mr. Lynde said the owner might owe damages to the Town.  Mr. MacQueen said that he had seen minutes where the owner requested only access.  He went on to review the Selectmen minutes where the permission was granted to the owner to gain access to their property. 

 

Mr. Bergeron said he picked up a report from Mr. Larry Nesky, who informed that on June 6, 2002 the 404 propane tanks were removed, 156 were left because there was no room.  He said June 25, 2002 Superintendent Bruce Mason informed that he would be at the Turnkey landfill for a NHDES sponsored tour.  Mr. Mason also informed that all fuel keys for the new gas and diesel pumps had been distributed to all departments.  Mr. Bergeron informed that the brush pile was open June 25 - 29, 2002.  He ended by saying Superintendent Bruce Mason submitted an additional report informing that his visit to Turnkey was informative.  He discussed the electrical operation, which generated all electricity for 9000 homes. 

 

Mr. Lynde had no report, but said that a letter had been received regarding an illegal business off of Carriage Drive, which should be reviewed. 

 

Mr. McDevitt informed that the Independence Day activities would be held July 3, 2002 at 6pm with a rain date of July 5, 2002.  He also reminded that an Ecumenical Service would be held at 10am, June 30, 2002 at the Congregational Church. 

 

Mr. Farris said that Police Chief Haglund would attempt to fill the vacancy within the department without going through the whole process, possibly by a recruit from another town.  He said he would place an agenda item for the Selectmen to discuss committees and if they had been televised in the past if they would continue to be. 

 

REQUEST FOR NON-PUBLIC SESSION

 

MOTION:

(McDevitt/Lynde) Request for a non-public session per RSA 91-A:3,II,a & c (public employee & land).

 

ROLL CALL:

 

Mr. Farris-Yes; Mr. Lynde-Yes; Mr. McDevitt-Yes; Mr. Bergeron-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 9:27 pm.  Also present was Mr. MacQueen, Interim Town Administrator.

 

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