APPROVED

TOWN OF PELHAM

BOARD OF SELECTMEN MEETING

MINUTES

August 19, 2003

APPROVED – August 26, 2003

CALL TO ORDER

PLEDGE OF ALLEGIANCE

The acting Chairman, William McDevitt opened the meeting at approximately 6:30 pm. 

MINUTES REVIEW

August 5, 2003 - Deferred to next scheduled public meeting.

August 12, 2003- Deferred to next schedule public meeting.

OPEN FORUM

None.

APPOINTMENTS

Proclamations

Mr. McDevitt informed that on August 13, 2003 there had been a frightening event (severe lightening storm) in which the true spirit of the staff at Veterans Memorial Park came through.  He said it was unusual for so many complimentary letters to be received for so many people, therefore, the Selectmen felt it was necessary to publicly recognize the efforts of the eight people who put the safety of other people above their own.  The Selectmen then presented proclamations to the individuals present during the severe lightening storm that took care of the safety of the children attending camp at Veterans Memorial Park. 

Mr. Danevich read aloud a letter submitted from the Fire Department thanking Mr. Bob Tryon, Director Park and Recreation, for the quick response and operating procedures during the emergency situation.  He noted that three other letters had been received from parents of children attending the summer camp at the time of the lightening storm.  Mr. Danevich ended by personally thanking Mr. Tryon because his son was in the building during the lightening storm. 

Mr. Tryon said he was very proud of his staff and extended his thanks to the Selectmen for the recognition. 

Brian Hanlon - Request to Donate

Mr. Brian Hanlon met with the Selectmen seeking permission to continue maintaining the area at the end of the cul-de-sac on Stevens Road.  He showed pictures of the property he was currently maintaining.  Mr. Gaydos said he visited the property with Mr. Hanlon.  He said there were plantings in an area that had been accepted by the Town. He said the request was that Mr. Hanlon be allowed to continue maintenance of the plantings, with the understanding that the Town would not be liable in any way, for the plantings should damage be caused from snow removal or any other Town activity. 

OLD BUSINESS

Oscar’s Trash Wetland Issue

Mr. McDevitt reviewed the situation.  He informed that Mr. Bob Yarmo, Chairman Conservation Commission had previously met with the Selectmen to request $500 to hire a consultant to answer questions at a DES hearing.  The Selectmen present for the meeting approved the $500 and since that time there had been additional questions.  Mr. McDevitt said that Mr. Lynde had told him that he did not object to having a conversation in his absence. 

Mr. Danevich asked for clarification of the request since two prior Planning Directors had approved (as an improvement) of the building within the wetland buffer.  He said that the Board of Adjustment had received expert testimony that the building would be beneficial to the Town to allow the facility to be built.  He didn’t understand why a consultant would now be hired (6 months after appeal period) to work against the decisions previously made.

Conservation Commission Chairman, Bob Yarmo explained his position.  He said the process started when a variance request was put before the Board of Adjustment.  He said the variance was allowed, contingent upon positive recommendation/comment from DES.  He said prior to the Board of Adjustment hearing he submitted a letter to the Planning Department (copying the Selectmen and DES) outlining the Conservation Commissions concerns regarding the prime wetlands.  He said after the Board of Adjustment’s decision, he wrote a letter to DES (Dr. Richardson) informing of the decision and that the case was coming their way.  Mr. Yarmo said three, or four weeks ago, he and Dr. Richardson walked the site with the applicant and the applicant’s wetland scientist.  At the meeting on site, Dr. Richardson decided that adjacency issue did apply and there would be a public hearing.  He discussed another Board of Adjustment case in which expert testimony a court case was upheld to allow a house within the WCD.  He said it was now known that when an applicant wanted to place a structure within the WCD that expert testimony would be needed.  Mr. Yarmo said he had been directed to the Selectmen by the Planning Director to request money to hire an expert. 

Mr. Bergeron asked if the expert would be testifying about the situation, or would they testify for/against the applicant.  Mr. Yarmo felt expert testimony was needed to present the Town’s case.  He said the person would be hired to supply information in support of the buffer that would help DES make a decision.  Mr. Danevich noted that the expert was hired in the ‘con’ position to have the variance denied.  He was troubled with the next turn of events.  Mr. Gaydos said he had requested confirmation of the $500 cost.  The company phoned Mr. Gaydos and the price could not be confirmed because he had spoken with the consultant.  The scope of work was to appear at one hearing to speak on the need for protection of the buffers.  The file had not yet been reviewed by the hired company. 

The Selectmen discussed the request further.  Mr. Danevich made a motion to reconsider the previous vote of the Selectmen.  The motion was not seconded, and therefore the previous action taken by the Selectmen stood.  Mr. Danevich asked if a cap had been placed on the $500 approved amount.  Mr. McDevitt understood that the cost would not be higher than $500.  Mr. Gaydos noted that the Planning Director at the time supported the plan at Oscar’s Removal, based upon it being a betterment.  He said if someone had approached regarding the administrative decision, the result would have been different and expert testimony would likely have been present at the hearing.  Mr. Gaydos said if Conservation Commission has a similar case with questions, it should be brought to his attention so the Selectmen could be aware. 

Mr. Danevich said he was upset and objected to the fact that there were no official minutes, or documentation from Conservation Commission.  He was concerned with expending tax payer money.  He said that correspondence should have included the Planning Board and the Board of Adjustment.  Mr. Yarmo said that the Planning Director had been copied on his correspondence, and the Board of Adjustment had been copied on his correspondence to Dr. Richardson.  He said to repair the situation; he would place an agenda item for the next Conservation Commission meeting to discuss the case.          

*additional Old Business item listed below

NEW BUSINESS

Mr. McDevitt noted that Mr. Lynde had no problem with the Selectmen reviewing the budgets.  He said in the past if a Selectman was absent from a meeting, a budget could be further discussed at a later meeting.

Budget Review -The Selectmen reviewed the line items contained within each of the following budgets:

Tax Collector - Total amount requested $65,118; the amount appropriated by 2003 Town Meeting was $63,281. 

Town Clerk - Total amount requested $95,374; the amount appropriated by 2003 Town Meeting was $94,631. 

Elections - Total amount requested $16,250; the amount appropriated by 2003 Town Meeting was $8,350. 

Legal - Total amount requested $75,000; the amount appropriated by 2003 Town Meeting was $75,000.

Transfer Station - Total amount requested $486,924; the amount appropriated by 2003 Town Meeting was $445,584.

Bond Principal - Total amount of $385,000 ($105,000 for last principal payment of road bond; $280,000 for Municipal Building)

Bond Interest/Tan Note Interest - Total of $213,690 ($4850 for interest on road bond; $203,840 Municipal Center bond; $5000 TAN note interest).

OLD BUSINESS CON’T.......

Municipal Building -

Mr. Gaydos said that the dedication ceremony at the Municipal Building went lovely.  He said some of the furniture for the municipal offices had been delivered.  He said the complexities of the new Police equipment were still being reviewed.  There had been some setbacks due to the building being struck by lightning.  He said they were progressing and once the Library punch list was complete, the municipal offices would begin to move to the new complex.  Mr. Gaydos said that the Town would need to be diligent when maintaining the boilers.  He said the roof had some small leaks that would need to be reviewed, and most likely replaced.  He said he had spoken with a company that could repair the roof as well as perform other general repairs.  The Selectmen asked Mr. Gaydos to review the bidding policy, and if required, the work should be put out to bid.   

NEW BUSINESS

Skateboard Ordinance

Mr. Gaydos began by reading RSA 31:39, which allows Towns to create By-Laws for a number of things, which he felt included the ability for the Selectmen to draft a skateboard ordinance [under RSA 31:39, I (L)].  Mr. McDevitt said that the Selectmen had voted to prohibit skateboarding in the Municipal Building area, but the Police needed stronger language including a penalty provision to help enforcement.  The Selectmen’s intention was to prohibit skateboarding on the concrete sidewalk at the Municipal Center, and the concrete sidewalk and steps at the Library.  A recommendation from the Police Chief regarding a monetary fine would be accepted by the Selectmen. 

Regional Water District

Mr. Bergeron informed that Governor Benson attended a public signing of the Regional Water District Charter.  He said as the wording of the charter is reviewed, it may be necessary to come up with funds to pay legal review fees.  The Water District wanted representatives to discuss the possibility of requesting $5000 in each Town’s budget this year, and next.  The funds would be reimbursed through the revenue bond when the water district was formed.  Mr. Bergeron discussed the amounts that other communities had contributed.  He said he would be attending a meeting this Thursday, August 28th, and if a decision was made, it could be reported at the next meeting.

TOWN ADMINISTRATOR’S REPORT/SELECTMEN’S REPORTS

Mr. Gaydos said that a donation of office supplies had been received from Storage Networks, Stoneham, MA.  He said that the donation was unexpected and absolutely wonderful.  Mr. McDevitt asked that a thank you letter be drafted and sent to the company.  Mr. Danevich said he had been an employee of the company and was ecstatic about the donation.  He felt that because of the donation, the Town would have a direct impact on the budget.  He said that some of the donation was given to the Senior Center because it was geared toward arts and crafts. 

Mr. Danevich said that he had received some photos of the Selectmen with Governor Benson from the editor of The Stateline Express, which could be either taken home, or hung in the Town Hall.  He said he had received a request from a Board of Adjustment member for funds to attend a seminar.  He asked that the budget be examined to determine if a couple members from each of the land use boards could attend the information seminar.  Mr. Danevich noted that a person had been reprimanded at the Transfer Station and had their privileges revoked for six months.  

Mr. Bergeron had no report.

Mr. McDevitt thanked everyone for their participation and cooperation during the opening of the Municipal Center.  

REQUEST FOR NON-PUBLIC SESSION

Mr. McDevitt 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 8:15 pm.  Also present was Mr. Gaydos.

The Board returned to public session at approximately 9:00 pm.

ADJOURNMENT

The meeting was adjourned at approximately 9:00 pm.

                                                                                          Respectfully submitted,

                                                                                          Charity A. L. Willis

                                                                                          Recording Secretary