BOS Minutes 07-27-2004

APPROVED

TOWN OF PELHAM

BOARD OF SE= LECTMEN MEETING

MINUTES

July 27, 2004

APPROVED – August 3, 2004

CALL TO ORDER

PLEDGE OF ALLEGIANCE

PRESENT:

Mr. William McDevitt, Mr. Victor Danevich, Mr. Jean-= Guy Bergeron, Mr. Richard Derby, Mr. Harold Lynde (arrived after the meeting commenced), Mr. Tom Gaydos, Town Administrator

Also present:

ABSENT:

Members of the press and general public.

None.

&nbs= p;

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

MINUTES RE= VIEW

July 17, 2004<= /p>

MOTION:<= o:p>

(Derby/Danevich) To approve the July 17, 2004 meeting min= utes as amended.

=

VOTE:

(4-0-0) The motion carri= ed.

The amendment to the minutes was as follows: page 1, F= ire Station Interview – delete the word ‘parents’ in the following ‘…through parents of Little League parents’ and replace with the word participants ‘…through parents of Li= ttle League participants’.

OPEN FORUM=

None.

NON-PUBLIC= SESSION – Per RSA 91-A:3, II (b) Hiring a Police Officer

REQUEST FOR NON-PUBLIC SESSION

MOTION:=

(Derby/Danevich) Request for a non-public session pe= r RSA 91-A:3,II,b (Hiring of any person as an employee)

ROLL CALL:<= /b>

Mr. McDevitt-Yes; Mr. Danevich-Yes; Mr. Bergeron-Yes= ; Mr. Derby-Yes

The Board entered into a non-public session at approxi= mately 6:32 pm. Also present was Mr. Gaydos and Po= lice Chief Evan Haglund. Mr. Lynde arrived and entered into the non-public session.

The Board returned to public session at approximately = 6:42 pm.

MOTION:<= o:p>

(Derby/Danevich) To hire Mr. Jon Gosselin as a Pelham Police Officer effective August 16, 2004, subject to the standard probationary period and successful completion of the New Hampshire Police Academy.

VOTE:

(5-0-0) The motion carri= ed.

APPOINTMEN= T(S) – Board of Health

The Selectmen welcomed the Board of Health Chairman Pa= ul Zarnowski. Mr. Zarnowski call= ed the Board of Health to order for the following appointments:

Waiver of = Article K – 27 South Shore D= rive

Mr. Zarnowski said waivers of Article K (Section 295) = was being requested by Craig and Pam Erikson, owners of 27 South Shore Drive (ML 31-11-267) as follows: 1) to maintain 106ft. from a proposed septic/leaching area to Little Island Pond (Town requires 125ft.; state requires 75ft.); 2) 57ft to an existing on-site well (Town and state requires 75ft); 3) to main= tain 3ft from bed bottom to seasonal high water table (Town requires 4ft; state requires= 3ft.); 4) to maintain 26ft. to sewer line from an existing well (Town requires 50f= t.; state has no setback requirement). <= /span>

Mr. Peter Stoddard of Bedford Design Consultants provi= ded a brief synopsis of the plan and explained why the waivers were needed. He said as part of a plan to add an addition to the side of the house, the owner was looking to upgrade the sep= tic system. He believed that the location of the proposed leach bed was the best location given the setbacks= to the abutting wells and the different soil conditions on the lot. He said he designed the plan as sh= own because he saw no other alternatives. Mr. Zarnowski confirmed that the situation was being improved from t= he existing. Mr. Stoddard answer= ed yes.

Mr. Zarnowski said he was on site to witness the test = pits and noted that the soils were in good shape and there were no wetland soils. He reviewed the reques= t and said he believed the proposed was the best place on site.

Mr. Lynde asked if the proposed system was similar to = that being installed by other lots in the area.= Mr. Zarnowski said the design was basically standard using the enviro-tubes. He didn’t= feel this situation warranted a Clean Solutions system. Mr. Lynde questioned if the off-si= te well (67ft. radius) required a waiver.&nbs= p; Mr. Zarnowski said the situation would be made better, but would sti= ll need a waiver. Mr. Stoddard s= aid the abutter had verbally agreed to sign a well release form.

Mr. Bergeron asked what the septic tank size was prior= to the presented plan (2500 gallon). Mr. Stoddard said the previous size is unknown, but believed it may = have been 1000. He said the reason= for such an increase was because the owner planned on having a bathroom in the basement. Mr. Zarnowski asked= if there would be an increase in bedrooms.&nb= sp; Mr. Stoddard said the owners would maintain two bedrooms. Mr. Bergeron asked what a minimal = sized tank was. Mr. Zarnowski said = in this case (2 bedroom house without a grind pump) the standard would be 1000 gallons; if a grinder pump was installed it would need to be 1500 gallons.<= span style=3D'mso-spacerun:yes'>

MOTION:=

(McDevitt/Derby) To grant the waiver to Article K, S= ection 295-14 & 16 for ML 30-11-218; subject to a written letter for the well waiver.

VOTE:

(6-0-0) The motion carried.

Waiver of = Article K – 79 South Shore D= rive

Mr. Zarnowski said a waiver of Article K, Section 295-= 16 was being requested by Scott and Christina Godin owners of 79 South Shore Drive (ML 31-11-267)= . He said the Clean Solution tank was being proposed to be 76ft. from the pond (Town requires 125ft.; state requi= res 75ft.). He said the existing = tank was closer to the pond and within the well radius. He noted that the abutter submitte= d a letter stating that they didn’t have a drinking water well on their site (ML 31-11-268). He said the file = also contained a well radius release for the on-site well.

Mr. Peter Stoddard of Bedford Design Consultants prese= nted the plan. He said the home was undergoing some renovations and the owner wanted to upgrade the leach field, which was not properly installed by the previous owner. The area by the garage was propose= d to be paved. Mr. Stoddard said t= he owners chose to install the Clean Solutions system. Mr. Zarnowski discussed the manner= in which the system would work. =

Mr. Lynde asked if the structure was year-round, or a = summer camp. Mr. Zarnowski said the = home was year-round and the abutter had a summer camp.

Mr. Bergeron asked if the system required an air compressor. Mr. Zarnowski sai= d the system needed an air compressor; the only maintenance was an overhaul of the pump every two years. Mr. Sto= ddard believed that the owners would be required to sign a maintenance contract w= ith the Manufacturer that called for a two year overhaul of the compressor; the tank needed to be pumped as often as a regular septic tank.

MOTION:=

(McDevitt/Bergeron) To grant the waiver to Article K, Section 295-16 for ML 31-11-267.

VOTE:

(6-0-0) The motion carried.

Mr. Zarnowski adjourned the Board of Health. Mr. McDevitt resumed his position = as Chairman.

OTHER BUSI= NESS

Budget Rev= iew

Park & Re= creation – Town Meeting appropriation for 2004 was $268,371. The request for 2005 - $421,517. Park & Recreation Director Dar= ren McCarthy reviewed the budget with the Selectmen. It was noted that manner in which = items were previously budgeted was difficult to understand, therefore it was restructured to accurately show where funds came from. The Selectmen reviewed the line it= ems; they believed park cleaning (i.e. bathrooms), pumping septic tanks, winteri= zing buildings should be included in the Town Building’s bu= dget. The budget review continued. The estimated income from the recr= eation activities was $225,573. Ther= e was a breakdown showing the offset in revenue for the budget.

Transfer Stat= ion – Town Meeting appropriation for 2004 was $523,002. The request for 2005 - $500,910. Superintendent Bruce Mason reviewe= d the budget with the Selectmen. Th= e Selectmen requested information regarding construction and demolition material hauling for homeowners only, not contractors.

Transfer S= tation Access for Free Speech

Mr. Gaydos said different organizations had recently a= sked if they could have access to the Transfer Station for activities such as selling doughnuts, handing out literature and campaigning. There is no current policy for the= se actions. Mr. Gaydos worked wi= th Superintendent Bruce Mason to designate a ‘safe’ area and draft= a policy. He read the draft pol= icy aloud. There was a brief disc= ussion regarding the proposed location and the possible problems involved with allowing access to the Transfer Station.&n= bsp;

Mr. McDevitt said the Selectmen would add an agenda it= em for the next meeting.

Budget Rev= iew Con’t…

Seniors ̵= 1; Town Meeting appropriation for 2004 was $61,597. The request for 2005 - $65,412. Senior Center Director Sue Hovling reviewed the budget with the Selectmen.&nb= sp; The following Warrant Articles were submitted:

1. To raise $25,000 to be added to the existing Capital Reserve Fund for the purc= hase of a passenger transportation bus for the Pelham Senior Center.

2. To raise and appropriate $30,000 for the purpose of architectural design and structural engineer for an addition to the existing = Senior Center.

Human Services – Town Meeting appropriation for 2004 was $30,025. The request for 2005 - $50,875. Mr. Gaydos explained per RSA 165 t= hat the Selectmen are the provider to the poor for their immediate needs (if th= ey qualify under the program). H= e said the number of applicants had increased and statistics were being followed.<= span style=3D'mso-spacerun:yes'> A request was made for administrat= ive assistance. Mr. Gaydos explai= ned why there was a need for assistance particularly because the type of cases had become more complex.

Selectmen = 211; Town Meeting appropriation for 2004 was $292,043. The request for 2005 - $305,325. The Selectmen reviewed the line it= ems contained within the budget. =

Castle Hill<= /st1:PlaceType> Road Bridge Warrant Article

Mr. Gaydos said he had the opportunity to conference w= ith Windham Town Administrator Dave Sullivan as well as Bob Barry of NH DOT Bri= dge Projects. He said Mr. Barry w= ould wait to see the results of the 2005 Town Meeting and in the mean time he was willing to give the Town reimbursement of $12,000 of the $15,000 spent. If the Town Meeting approves Pelham’s share, the project can continue along the same timeline of f= inal design in 2006 and construction in 2007.&n= bsp; Mr. McDevitt read aloud the proposed Warrant Article which requested= the sum of $218,000 to be raised and appropriated for the purpose of paying one half of the cost for final design and construction of the Castle Hill Road bridge; passage of the Warrant Article is contingent upon passage of a simi= lar warrant article in Windham (who shall assume 50% of the total project cost)= . The project is already approved fo= r 80% reimbursement through the State Bridge Aid Fund which would equal $174,000 total cost to taxpayers is $43,600.

Chamber of Commerce Membership

Mr. McDevitt said he spoke to Nancy Carney the acting Director of the Greater Salem Chamber of Commerce who invited the Town and School District (at no cost) to join the Chamber. It was believed that there would b= e many opportunities for the Town if the Town were to join.

=

MOTION:=

(Lynde/Derby) To accept the offer for the Town to jo= in the Greater Salem Chamber of Commerce. =

=

VOTE:

(5-0-0) The motion carried.

Appointmen= t of Selectmen’s Representative to Fire Committee

Mr. McDevitt asked Mr. Lynde to be the Selectmen’= ;s Representative to the Fire Committee.

Hiring Pol= icy Discussion & Possible Vote

Mr. Gaydos said he and Mr. Danevich created a policy concerning employee categories along with the type of action for hiring as follows: 1) Managerial (including Town Administrator and Department Heads) = – positions will be advertised by the Selectmen’s office and interviewe= d by a majority of the Board, or its designee; 2) Staff (includes all full-time employees union/non-union that report to a Department Head) – Selectm= en will approve the advertisement of positions, Department Head will interview candidates and make a recommendation to the Town Administrator – the = Town Administrator will then select the successful candidate and inform the Selectmen; 3) Part-time (includes union) – shall be treated in the sa= me manner as a Staff position; 4) Temporary/Contractual – treated the sa= me as a Staff position (advertisement may be waived).

Mr. McDevitt said if the Selectmen had questions/comme= nts they should contact Mr. Gaydos. An agenda item will be added for an upcoming meeting to discuss further.

Mr. Lynde questioned if the interview process should be approved by the Selectmen if it was going to be delegated in the future. Mr. Danevich said the intent of the document was not to implement a policy change, but rather to document the current process and follow it.

Polling pl= ace accessibility

Mr. McDevitt said the Town received a letter from the = New Hampshire Attorney General Department of Justice relative to polling place accessibility. In summary the letter cited the Town for a number of accessibility deficiencies at Memorial School when being used for voting.= Mr. Gaydos noted that many of the = issues involved the polling place (i.e. school) that occurred daily. Mr. McDevitt said he had a brief conversation with the Moderator. He then said he would appoint a committee consisting of the Moderator, Town Cl= erk, Mr. Gaydos, Mr. Derby and himself to put together a response back to the De= partment of Justice on how the Town could resolve the issues. It was noted that not all the comm= ents were directed at Memorial= School.

TOWN ADMINISTRATOR’S REPORT / SELECTMEN’S REPORTS=

Mr. Gaydos informed that twenty-six metal collapsible = voting booths (two of which are handicap accessible) had been purchased in an effo= rt to replace some of the existing booths.&nb= sp; He said correspondence (dated July 15, 2004) had been received by the Town (July 27, 2004) = from the Department of Environmental Services regarding the Gendron Junk Yard site.<= span style=3D'mso-spacerun:yes'> The letter stated that a violation= of the consent decree had been observed and the site would be visited. Mr. Gaydos discussed the other act= ions that were to take place to clean the operation by October 29, 2006. Mr. Lynde asked if the trailers on= the property had been removed. Mr. McDevitt was unsure if the trailer removal was part of the consent decree.<= span style=3D'mso-spacerun:yes'> Mr. Gaydos said a letter from FEMA= had been received regarding the emergency plan, which had previously been appro= ved by the Selectmen (June 29, 2004) had now been accepted by FEMA. The Hazard Mitigation Plan would continue to be upgraded as appropriate; the next approval date is in five years.

Mr. Bergeron reported that last Thursday (7pm) he attended a site wal= k at Poplar Hill land acquisitions and appeared the same as it had been described prior= to going.

Mr. Derby had no report.

Mr. Danevich said he previously asked the Board for clarification regarding the Park Ranger and wanted to know if there was an update. Mr. McDevitt said the clarification he received from Mr. Hayes was that the Park Ranger is not an official position. Mr. Danevi= ch clarified that the position was honorary with no vested power, not a Town position/employee, should not be carried on letter head, not representing t= he Town in an official capacity.

Mr. Danevich said he reviewed a newspaper article rega= rding the old Town Hall status and why it had not been turned over to the VFW and= why the Town was still paying for the utilities. He said every week and each time he speaks with the Planning Director he asks if the VFW had made an applicatio= n to the Board of Adjustment. He s= aid there had been no activity by the VFW to ‘step up’ and take transfer of the building; a letter requesting waiver of fees had been recei= ved which would be addressed by the Planning Board (at a later time). He said no actions had been taken = by the VFW to accept ownership of the property.&n= bsp; He noted that the Warrant Article stated no cost to taxpayer. He requested that an update on the ownership process be provided by the VFW at= an upcoming meeting. Mr. Danevich noted that the town vote did not give the right to waive all zoning and regulations.

Mr. Lynde had no report.

Mr. McDevitt said he and Mr. Bergeron reviewed the right-of-way issues at the Pelham Center and met with Commissioner Carol Murray and Jeff Brillhardt regarding the center. During the meeting it was suggeste= d that local road patterns be changed. The other suggestion was to work with NRPC to do a corridor study, which would review all the roads and provide possible solutions.

REQUEST FOR NON-PUBLIC SESSION

MOTION:=

(Danevich/Bergeron) Request for a non-public session= per RSA 91-A:3,II,b (Hiring of any person as an employee)

=

ROLL CALL:<= /b>

Mr. McDevitt-Yes; Mr. Danevich-Yes; Mr. Bergeron-Yes= ; Mr. Derby-Yes; Mr. Lynde-Yes

Mr. McDevitt noted that when the Board returned, after= the non-public session, the Board would not take any other action publicly, exc= ept 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:= 40 pm. Also present was Mr. Gaydos.

The Board returned to public session at approximately = 10:21 pm.

=

MOTION:=

(Danevich/Bergeron) To seal the minutes of the non-p= ublic session indefinitely.

=

VOTE:

(5-0-0) The motion carried.

ADJOURNMEN= T

MOTION:<= o:p>

(Danevich/Bergeron) To adjourn the meeting.

=

VOTE:

(5-0-0) The motion carri= ed.

The meeting was adjourned at approximately 10:21 pm.

   &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;           Respe= ctfully submitted,

   &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;                &= nbsp;      Charity A. L. Willis

   &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;           Recor= ding Secretary