APPROVED

 

TOWN OF PELHAM

BOARD OF SELECTMEN MEETING

MINUTES

October 22, 2002

APPROVED – November 11, 2002

 

CALL TO ORDER

PLEDGE OF ALLEGAINCE

 

PRESENT:

Mr. Greg Farris, Mr. Harold Lynde (arrived shortly after the meeting commenced), Mr. Jean-Guy Bergeron, Mr. William McDevitt,

Mr. Richard Derby

 

Also present:

 

ABSENT:

Mr. Tom Gaydos, Town Administrator, members of the press and general public.

 

None.

              

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

 

MINUTES REVIEW

 

October 9, 2002 - Mr. Derby made a motion to accept the minutes, which was seconded by Mr. Bergeron.  Mr. McDevitt had a question regarding the format of the non-public minutes, which would be brought up non-publicly.  Mr. Derby withdrew his motion.  Mr. Bergeron withdrew his second.  The review of the October 9, 2002 minutes was deferred to the next scheduled meeting. 

 

October 15, 2002

 

MOTION:

(Derby/Bergeron) To approve the October 15, 2002 minutes as amended.

 

VOTE:

 

(4 - 0 - 0) The motion carries. 

 

The amendments to the minutes were as follows:  page 3, the motion to amend the Transfer Station’s Budget was seconded by Mr. Bergeron.  page 4, 1st line the word ‘been’ was added to the sentence “...the property had previously been taken...”.

 

OPEN FORUM

 

None.

 

APPOINTMENTS

 

Request for grant, Mr. Spike Hayes

 

Mr. Spike Hayes, 9 Pinewood Drive, met with the Selectmen to discuss a grant he was working on with Park and Recreation for a Land and Water Conservation Fund grant.  He provided a copy of the budget, which outlined how the grant would be spent.  Mr. Farris said that there had been several improvement phases being worked on at Raymond Park.  He was hopeful that the Town would receive the grant. 

 

Mr. Bergeron asked for further clarification of the funds.  Mr. Hayes explained that the funds would be matched 50/50.  He said that $46,500 (the Town’s half of the money) would be taken from the Tennessee Gas money. 

 

Mr. McDevitt asked if there was a corresponding warrant article for the funds.  Mr. Hayes said that the Town had adopted a perpetual warrant article, which authorized the application, acceptance and expenditure of federal grants.

 

MOTION:

(Derby/McDevitt) To grant Mr. Farris the permission to sign the request for the grant.

 

VOTE:

 

(4 - 0 - 0) The motion carries. 

 

Mr. Hayes said that he walked the Mammoth Road site with the Program Assistant from the Recreation Services of New Hampshire Parks and Recreation.  He asked what the status of the Coombs Junkyard was, since the state does not want to be involved with border disputes or environmental issues.  He asked if the junkyard was currently operating without a permit.  Mr. Farris answered yes.  Mr. Hayes asked if the perimeter plan had been completed by Maynard & Paquette. 

 

Mr. Bergeron stepped down. 

 

Mr. Gaydos believed that preliminary work had already been done and that there was a document the property owners of the Coombs Junkyard were to sign.  Mr. Paul Zarnowski, Town Health Officer and license land surveyor had previously been asked to help establish the boundary lines of the lot, although Mr. Hayes did not believe that the Town made it clear what Mr. Zarnowski’s role was to be.  Mr. Farris believed that an agreement had been reached regarding the boundary lines of the lot.  Mr. McDevitt believed the boundary agreement with the owner of the Coombs Junkyard was verbal.  He said that the Selectmen needed to review and provide an answer at the next meeting.  Mr. Hayes was concerned with the Town losing the grant due to the boundary questions surrounding the junkyard. 

 

Mr. Lynde arrived.

 

Mr. Farris asked if the general area of the boundaries was known.  Mr. Zarnowski said that he had spoken with the surveyor at Maynard & Paquette, who believed they knew where the boundary lines were and that a boundary line agreement was not needed.  He said as of approximately three months ago Maynard & Paquette needed further definition of the railway curve.  Mr. Zarnowski had requested a worksheet from Maynard & Paquette once the work was complete, but to date had not received any paperwork.  He further informed that there was a problem with cars being moved from one area in question, over to the Mammoth Road area and being piled on the rail bed area.   

 

Mr. Derby suggested sending the owners of the Coombs Junkyard a letter informing that they would be placed on the next agenda.  Mr. Hayes asked that the surveyors speak with each other and produce a plan for review.  Mr. Farris asked that Mr. Zarnowski speak with Maynard & Paquette again regarding their status.  Mr. Zarnowski said that during his last conversation, Maynard & Paquette had a preliminary railway curve, but that they wanted to access right along it to define it.  He pointed out that there may be some professional /client privileges the Town was not privy to.  Mr. Farris asked Mr. Zarnowski to work with Maynard & Paquette to come up with the remaining lot lines if possible.  He also wanted the Coombs’ to be contacted and informed that the Town would be surveying and to move anything in the way.  Mr. Gaydos said he would send a letter to the Coombs’ asking for their cooperation during the surveying process.  Mr. Farris said that the Coombs’ had previously been informed to move anything obstructing the surveying process and said it was unacceptable for them to move items from one piece of disputed property to another piece of disputed property.  He believed the next step would be to revoke the junkyard license and close the business. 

 

Mr. McDevitt read aloud a portion of a letter sent to the Coombs Junkyard from Mr. Pat MacQueen (Interim Town Administrator) dated July 9, 2002.  The letter requested that Maynard & Paquette contact Mr. Paul Zarnowski regarding the lot lines.  Mr. Zarnowski said that he had been contacted by Maynard & Paquette who informed a boundary line agreement would not be needed since they believed they knew where the boundary was.  He said at that time Maynard & Paquette wanted to find more remains of the railway bed so that the plan could be completed. 

 

Mr. Hayes said he was not interested in threatening the Coombs’ license.  His only concern was moving the Coombs’ belongings off any portion of land owned by the Town.  He suggested having Mr. Don Foss come out and remove any junk cars contained on Town owned property.  Mr. Farris said that $2400 had been allotted for the completion of the survey.  Mr. Gaydos said that the Coombs family had a tragedy which postponed them from signing an agreement.  He believed they should be re-contacted to sign the agreement.  He asked that Mr. Zarnowski contact Maynard & Paquette to find out if the survey was complete.  He said if the Coombs’ agreed with the property line, he did not have a problem with the Town moving equipment so a fence could be erected. 

 

There was a discussion regarding the status of the Coombs’ Junkyard license and how the Town should proceed.  Mr. Gaydos reiterated that the main thing reviewed for grant monies were ownership and access.  Mr. Zarnowski said that he would place a phone call to Maynard & Paquette regarding status.  He recommended that a plan be produced, signed by both parties and recorded with the registry of deeds.  There was speculation that funding of the survey may be one thing holding the process up.  It was reiterated that the Town had designated $2400 toward completion of a survey for the property. 

 

Mr. Farris asked that Mr. Zarnowski relay to Mr. Gaydos any information received from Maynard & Paquette.  He said the junkyard license also needed to be reviewed when the boundary line was established.  Mr. Zarnowski discussed what boundaries had been found and said it was believed that the Coombs’ lot would be found to be smaller than originally thought. 

 

Mr. Gaydos said that the letter being sent the Coombs Junkyard would be based upon the answer Mr. Zarnowski got from Maynard & Paquette.  He said regardless of the information obtained, the Coombs would receive a letter updating them of the survey and what the Town’s expectations were.   

 

Mr. Bergeron, speaking as a member of the public, recalled that the Coombs Junkyard had received a temporary license. 

 

Mr. Bergeron returned to the Board of Selectmen.

 

Waiver of Article K, Mr. Paul Zarnowski

 

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

 

Mr. Zarnowski said the Board had received a request for a Waiver of Article K per Section 295:16 for

1 Mount Vernon Drive, owned by Ms. Barbara Hoyt. 

 

Mr. Phil Beland represented the plan to the Board of Health.  He said that he had designed the septic and leach based upon the soil delineations done by Soil Scientist, Mr. Peter Showers.  Mr. Zarnowski reviewed the requested waivers. 

 

Mr. Beland discussed the site and the reasons the waivers were being requested and the contours of the property.  He said the current septic system had failed and there was no other location to place a new system that would be further away from poorly drained soil.  He said that the poorly drained soil would actually help filter out the contaminants from the septic system.  He said that he discussed the situation with Mr. Zarnowski and both were in agreement that the proposed location would be the best place for the new system.  He noted that the setback requirement to a water line had been met.  Mr. Beland went on to discuss the system and the various chambers of the unit that would help with the filtration.   

 

Mr. Bergeron asked how often the system would need to be serviced.  Mr. Beland said that there was no servicing of the leaching field area, but the septic tank should be pumped approximately every two years.  He said the secondary tank should be pumped every second or third pumping.  Mr. Bergeron asked about the outlets.  Mr. Beland explained the connections, outlets and the control alarm system. 

 

MOTION:

(McDevitt/Lynde) To grant the Waiver of Article K 295:16  for ML 7-4-41 owned by Ms. Barbara Hoyt. 

 

VOTE:

 

(6 - 0 - 0) The motion carries. 

 

The Board of Health adjourned.  The Selectmen reconvened. 

 

OLD BUSINESS

 

Municipal Building:

 

Mr. Farris thanked all those who participated with the ground-breaking ceremony at the new Municipal Complex. 

 

Authorize conduit

 

Mr. Gaydos said that the original plan did not include the installation of a 4” conduit that would run between the school building and the library.  He said the item had been priced out at about $5600.  He said there were additional areas that should have conduit and would be priced.  He said if the conduit were done now it would be inexpensive, but if it were to be done later there would be multiple associated costs.  Mr. Gaydos said he was requesting that the one section of conduit be approved. 

 

Mr. McDevitt said that he had asked several people if the 4” conduit was necessary and was told by each that it would be needed.  He said if the conduit were not installed now, sooner or later wires would need to be run between the buildings and conduit would then need to be installed.  He explained that the conduit needed was not ordinary pvc, but special piping that was necessary for protecting the types of wires that would run through. 

 

Mr. Bergeron asked if there was more than one bid.  Mr. McDevitt said the amount was an estimate.  Mr. Gaydos said the price was given by the contractor currently working on the site.  Mr. Bergeron asked if buying the material and burying it was part of site work.  Mr. McDevitt answered yes.  Mr. Farris asked if the pipe would be run through the foundation of the library.  Mr. Gaydos answered yes.  Mr. Bergeron asked the 4” conduit would be adequate for future usage.  Mr. Gaydos said that when asked the question of adequacy, Breadloaf and others believed the 4” conduit to be more than adequate.  Mr. Bergeron wanted to know how many feet the conduit would need to run.  Mr. Farris believed the length was over 100ft. 

 

MOTION:

(Derby/Lynde) To authorize the 4” conduit piping requested to run between the school building and the new library.

 

VOTE:

 

(5 - 0 - 0) The motion carries. 

 

Review Planning Board recommendations for Municipal Complex

 

Mr. Farris said that Mr. Victor Danevich, Planning Board Chairman had submitted a list of concerns brought up during the Planning Board’s public hearing for the Municipal Complex.  Mr. Gaydos said that Mr. Danevich’s list was inadvertently left out of the Selectmen’s packages.  Mr. Farris recalled some of the concerns as follows: parking concerns - number of parking spaces in front of the entrance for the Town Hall and Police Station; traffic flow of main access road - possibility of making it one way; crosswalks; speed limit restriction.  Mr. Gaydos said that Breadloaf was seeking a response. 

 

Planning Board Vice Chairman, Mr. Paddy Culbert, noted that there had been a discussion regarding the possibility of taking out the green space near the vacant portion of the building and adding additional parking for Town events.  He said there was also a discussion regarding changing the traffic flow pattern of the sally port. 

 

Mr. Farris said a copy of the recommendation should be given to the Selectmen for review and comment.  There was a brief discussion regarding the usage of the vacant classrooms and the possibility of their usage for passive recreation, which would require additional parking.  It was decided that the Selectmen would review the list and discuss at the next meeting.

 

Mr. Bergeron asked the status of the playground equipment.  Mr. Gaydos said that there had been no communication from the individual originally interested in the equipment.  He said that Reverend Choate had contacted him with interest in the equipment.  He asked if the Selectmen if they had any objection having Mr. Don Foss assist in the removal of the equipment.  The Selectmen had no objection to Mr. Foss helping in the removal of the equipment. 

 

Mr. McDevitt said there was a need for a television control room within the Municipal Building.  He said that Mr. Jim Greenwood had discussed possible locations and explained to the Selectmen what was being suggested.  There was a brief discussion and it was decided to discuss the issue with Breadloaf.  Mr. Gaydos felt that the usage of the kitchen should also be discussed with Breadloaf.   

 

Legal Budget & Planning Board request

 

Mr. Farris noted that Mr. Victor Danevich, Planning Board Chairman discussed the Planning Board’s request for $15,000 to be added to the Planning Board budget for legal expenses.  Mr. Gaydos said that he didn’t hear the reasons for the request, but he felt that consistency of legal opinion was needed.  He believed that the legal budget was adequate for the purposes the Town had.  He said if a portion was to be taken out and given to a specific department, he believed the budget should be reconsidered.  Mr. Farris discussed the request presented by Mr. Danevich in which the justification for the money was that the Planning Department could implement a fee to offset the request.  Mr. Gaydos said he discussed the issue with Attorney Diane Gorrow who did not feel that every plan would need review.  He said if the Planning Board needed an interpretation, they could go to the Zoning Board of Adjustment.  Mr. Gaydos believed the Town could be prospective in its review of applications.  Mr. McDevitt asked how the Planning Board would answer a question regarding a specific item on a plan (i.e. possible conservation easement) and pay for its review.  Mr. Gaydos said it would depend on the circumstances and noted that parameters would need to be set up.  There was a brief discussion regarding when an applicant could be charged for legal review and how the fee could be collected through an escrow account. 

 

Planning Board Vice Chairman, Mr. Paddy Culbert, discussed the types of issues that would go to an attorney for review.  He said in the past, the Planning Board informed the Planning Director when a legal opinion was being requested.  He didn’t feel that the amount being requested was exorbitant.  In order for clarification, Mr. Farris asked if the money being requested would be outside the parameters of the escrow account.  Mr. Gaydos answered yes.  There was further discussion regarding the money being requested.  Mr. Culbert asked that the Selectmen discuss with Mr. Danevich to further clarify any questions.  Mr. Farris said that Mr. Danevich would be asked to meet with the Selectmen at the next meeting to discuss further.

 

NEW BUSINESS

 

Technical Team appointments

 

Mr. Farris said that a technological plan had been presented by Mr. Victor Danevich and reviewed by Mr. Lynde, Mr. Jim Greenwood, Mr. Dennis Glorioso.  He believed that a summary was going to be created for implementation.  Mr. Lynde said that a group (consisting of Mr. Danevich, Mr. Greenwood, Mr. Glorioso, Mr. Jack Canan, Mr. Bob Haverty, Mr. Bill Scanzani) met to review the technological plan and come up with an overall plan for the Town.  He said there was a question of if the group should be appointed to a committee.  He said the group would have several meetings to come up with what the Town should be doing over the next several years.  Mr. Lynde discussed the difference between the technical committee of the past, which tried to come up with a plan, and the current group of people which had a plan and would make recommendations about which portions should be implemented. 

 

Mr. McDevitt said that he didn’t have a problem appointing the current people, but wanted clarification regarding what specifically they would be charged with.  He felt it was important that the Town Administrator be involved in the process.  Mr. Farris discussed the past history with having a technological committee and believed that there were enough people involved without having a formal committee.  Mr. Bergeron didn’t feel there was a need for a committee at this time.  Mr. Lynde discussed the types of items a technological committee could answer.  There was further discussion regarding the issues facing the Town regarding the technology to be implemented in the Municipal Complex and other Town offices.  Mr. Lynde said that the question he was asked, was if the group of people discussing the technological plan should be appointed as a committee so they could have recognition for the work they were doing. 

 

Mr. Farris believed if the Selectmen were to appoint a Technical Plan Review Group, volunteers should be invited from the public.  He said that one of the requirements should be that the volunteers were knowledgeable regarding municipality software.  The Selectmen continued their discussion.  Mr. McDevitt was concerned with providing Breadloaf with technology guidance for items such as wiring.  Mr. Gaydos said that the building was being set up using the information gathered.  He felt that it would be wise to run suitable conduit throughout the building so that wiring could easily be achieved. 

 

Mr. Farris closed the Selectmen’s discussion by inviting members of the public to contact Mr. Gaydos if they were interested in being involved with the Technical Plan Review Group.        

 

Hiring new full-time Highway Laborer-Operator

 

Mr. Gaydos said that Mr. Don Foss had held interviews for a new Highway Department laborer/operator.  He said that Mr. Ralph Barrett III was being recommended by Mr. Foss.

 

MOTION:

(Derby/Bergeron) To hire Mr. Ralph Barrett III of Old Bridge Street South for the position of full-time Highway Laborer-Operator with a starting wage of $13.29, starting immediately. 

 

VOTE:

 

(5 - 0 - 0) The motion carries. 

 

TOWN ADMINISTRATOR’S REPORT/SELECTMEN’S REPORT

 

Mr. Gaydos asked that the Buildings and Grounds Budget be reviewed.  He discussed the suggested changes with the Selectmen, which lead to a discussion regarding how the Town would maintain the building (i.e. heat).  After discussion of what the Municipal Building and Library may use for energy, it was decided to allot $20,000 for heating and $20,000 for electricity within the Building and Grounds Budget.  Mr. Gaydos went on to discuss the Town’s telephone service, which currently was being negotiated between CTC and Verizon, who both wanted the Town as a client.  The bottom line for the utilities would now read $141,375.  Mr. Gaydos continued reviewing the budget including items such as equipment and rentals, copier, moving expenses, snow removal. 

 

MOTION

(McDevitt/Derby) To reconsider the Buildings and Grounds Budget.

 

VOTE:

 

(5 - 0 - 0) The motion carries. 

 

MOTION:

(McDevitt/Derby) To change the Buildings and Grounds Budget to $293,645.

 

VOTE:

 

(5 - 0 - 0) The motion carries. 

     

Mr. Bergeron read aloud a report received by Superintendent Bruce Mason of the Transfer Station which informed that all pertinent information regarding the NHDES Used Oil Grant Program had been submitted.  A check in the amount of $2500 was expected to be received within 30-45 days.  He said that Clean Harbors was scheduled to re-clean the incinerator building on October 28, 2002.  He reminded residents that the brush pile would be open until October 26, 2002.  Mr. Bergeron ended his report by informing that the propane tanks would be removed November 8, 2002. 

 

Mr. Lynde said that a group had reviewed the technological plan.  He said the group focused on the infrastructure of the building and would follow up Wednesday night.  He said an RFP would be drafted for the wiring.  Mr. Lynde ended by informing that the Girls Soccer team would be playing in a playoff game Saturday at St. Patrick’s.

 

Mr. Derby informed that Pulpit Rock Road would be closed for a week, beginning on Monday.

 

Mr. McDevitt had no report. 

 

Mr. Farris thanked the persons involved with the Ground Breaking Ceremony.  He said that he had been asked the status of the re-naming of the roads, which was still a work in progress.  He said that the Safety Staff was reviewing the names and would meet with the Selectmen to provide recommendations.  Mr. Gaydos informed that the Safety Staff would be meeting with the Selectmen October 30, 2002 to bring forward recommendations.  Mr. Farris thanked all those involved with the Horribles Parade. 

 

ADJOURNMENT

 

MOTION:

(Derby/Lynde) To adjourn the meeting.

 

VOTE:

 

(5 - 0 - 0) The motion carries. 

 

The meeting was adjourned at approximately 9:50 pm.

 

                                                                                          Respectfully submitted,

 

                                                                                          Charity A. L. Willis

                                                                                          Recording Secretary