BOS Minutes 08-24-2004

APPROVED

TOWN OF PELHAM

BOARD OF SE= LECTMEN MEETING

MINUTES

August 24, 2004

APPROVED – September 7, 2004

CALL TO ORDER

PLEDGE OF ALLEGIANCE

PRESENT:

Mr. William McDevitt, Mr. Jean-Guy Bergeron, Mr. Ric= hard Derby, Mr. Harold Lynde, Mr. Tom Gaydos, Town Administrator

Also present:

ABSENT:

Members of the press and general public.

Mr. Victor Danevich

&nbs= p;

The Chairman, William McDevitt, opened the meeting at approximately 6:4l pm.

MINUTES RE= VIEW

August 17, 2004

MOTION:<= o:p>

(Derby/Bergeron) To approve the August 17, 2004 meeting m= inutes as amended.

VOTE:

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

The amendment was as follows: page 5, 1^st paragraph – the words ‘if needed’ shall be added to: ‘…Se= ptember 15, 2004 for a Selectmen meeting, if needed’.

OPEN FORUM=

None.

APPOINTMEN= T(S)

Coombs Jun= k Yard Application Vote

Mr. Bergeron recused himself.

Mr. McDevitt said the Selectmen held a public discussi= on regarding the Coombs Junk Yard application at their last meeting, and would have further public discussion and a possible vote this evening.

Mr. Arthur Prince, 409 Mammoth Road had complaints against Mr. William Hayes. Mr. McDevitt informed = that the current discussion was in regard to the Coombs Junk Yard application. Mr. Prince said he had a problem r= egarding surveying stakes, gravel and trees being removed from his property. Mr. McDevitt said if there were is= sues other than the junk Yard application, it could be heard at another time. Mr. Prince’s complaints were noted.

Ms. Paula Morse (Coombs’ oldest daughter) and her brother Mr. Norman Coombs met with the Selectmen. Ms. Morse informed that they had b= egun water testing sampling for National Pollution Discharge Elimination System Permit (NPDES). She also said= they had a copy of the plot plan they received (to show they weren’t negli= gent to the proceedings), however they have been unable to find someone to certi= fy it. A copy of the plan was sh= own to Mr. Gaydos. Mr. Gaydos review= ed Ms. Morse’s plot plan, which appeared to be the same as what the Town had= . Mr. McDevitt said they could submit= a copy for the record. Ms. Mors= e said Mr. Prince had his land surveyed in 1963 which did not indicate a railway (= the Coombs and Prince property directly abutted each other). Mr. McDevitt said that the Town wo= uld rely on the certified survey done through taxpayer expense because it was believed that there was an encroachment issue. Mr. Lynde questioned if the requir= ement for a certified plot plan could be waived if the Coombs’ were willing= to recognize the boundaries on the certified survey (for the outline of the ju= nk yard), for purposes of the Junk Yard application. He understood that the certified p= lot plan was similar to the plan that Ms. Morse was going to provide to the Town. Mr. McDevitt said wordi= ng would need to be added to a motion. He added that the Town felt that the boundaries were reflected accurately in the certified plot plan.&nbs= p; Mr. Lynde said the Coombs were welcome to challenge the boundaries.<= span style=3D'mso-spacerun:yes'> He recalled that the Town was deed= ed a piece of property (50ft. wide railway right-of-way) from Mr. Provencal in t= he late 1970’s which had bounds on both the Coombs and the Prince properties. Ms. Morse wanted = it known that they didn’t have a problem putting a fence up.

Mr. Derby proposed that the Coombs have two weeks to r= emove their material so that the Town could put a fence up. Mr. McDevitt said it could be a condition of any vote.

Mr. Coombs asked how high the fence would be if the To= wn put one up. Ms. Morse wanted to k= now if it would be six feet (6ft.). = Mr. McDevitt believed the Town’s intention and primary concern was to make sure the property line was clear. He said it may be suggested to put up a temporary fence (and later decide what type of fence would be installed); the concern was encroachment= .

Mr. McDevitt believed the concern was that there were = no cars on the Town’s property. Mr. Coombs said there was one truck and their tire trailer placed in= an area where he was told to put it. Ms. Morse said the tire pile was place in the location specified by = the Fire Chief so they would have easy access to it.

Mr. McDevitt said the issues before the Selectmen were= as follows: 1) issue a one-year license expiring at the end of March, 2005; 2) grant a temporary license; or 3) deny the license request. He noted when he passed the proper= ty over the weekend, there appeared to be twelve to eighteen cars parked on the outside of the fence on the Mammoth Road side.&nb= sp; He said the Town’s regulation says there can’t be any ca= rs outside the fence reviewed the language contained in RSA 236:123 Fencing ‘Before use, a new junk yard = or automotive recycling yard shall be completely surrounded with a solidly constructed fence at least 6 feet in height which substantially screens the area and with a suitable gate which shall be closed and locked except during the working hours of the junk yard or automotive recycling yard or when the applicant or his agent is within. All motor vehicles and parts stored or deposited by the applicant sh= all be kept within the enclosure of the junk yard or automotive recycling yard except as removal is necessary for its transportation in the reasonable cou= rse of the business…..’ Mr. McDevitt said there was a discussion regarding the number of vehicles last week and was puzzled why the applicant wouldn’t make su= re they were complying with the regulations.&= nbsp; Mr. Coombs said he wasn’t home Sunday evening when a lot of vehicles were dropped off. He= said he worked Monday and Tuesday morning to move the vehicles.

Mr. McDevitt said the Board has had concerns regarding= water quality because of issues with MtBE in other parts of Town. He said he had a discussion with M= r. Mussleman of CMA and raised the question about monitoring wells that the st= ate was requiring the Town to put on its property. Mr. Mussleman’s advice was to place a monitoring well close to the Coombs property and based upon what ca= me out of the well there would be a good sense of whether or not there were wa= ter quality issues there. Mr. Lyn= de understood that there was a plan to put in monitoring wells in anyway. Mr. McDevitt believed it would be = an additional well, other than those required by the state (for the tire dump). It was unknown if there would be an additional cost for the well.&= nbsp;

Mr. McDevitt suggested the following plan of action: <= /p>

Accept the Town’s certified plot plan (prepared by Maynard & Paquet= te – dated October 15, 2003) in place of applicant’s plot plan.
Junk shall be removed within fourteen (14) calendar days (from any approval= ) from Town property, after which the Town will install a fence along its boundary.
As a condition for any license, temporary or permanent, the applicant will = be required to contact the Department of Environmental Services – Pollution Prevention Group and arrange for them to review the property= and provide a copy of the report to the Town.
Not later than = March 30, 2005, and earlier if the Town requests, that the applicant agrees to an inspection by the DES that would include, but not be limi= ted to, gross surface contamination.

Mr. McDevitt said the Selectmen may want to grant a temporary thirty or sixty day license to see how the DES progression was. Mr. Lynde made a motion to grant a= sixty day temporary license effective August 24, 2004 and expiring October 24, 20= 04 at midnight; subject to renewal if the conditions of the motion are satisfi= ed; the conditions are : 1) Town’s certified plot plan prepared by Maynard & Paquette dated October 15, 2003 is the basis used as the outline of t= he junk yard; 2) within two weeks all non-registered, junk yard cars be removed and stored in back of the fence and that all junk material be removed from = Town property within the same timeframe; 3) the applicant will contact DES to re= view the property from a pollution prevention approach and advise what the appli= cant should be doing; and not a condition of approval, but if so requested, the applicant will contact DES to conduct an inspection of the property for gro= ss surface contamination (depending on the results of the Pollution Prevention Group). Mr. McDevitt asked th= at the motion include as a condition for renewal, that the Town may not renew the license depending on the nature of the violations, if any, that the DES det= ermines exist on the property. Mr. Ly= nde amended his motion to add that renewal of the conditional license or granting of a permanent license is conditioned on satisfying the conditions contained in = the motion and certification of no pollution on the property in accordance with DES; the Town reserves the right to not renew the license depending on the = outcome report it receives. Mr. Derby amended his second.

MOTION:=

(Lynde/Derby) = to grant a sixty day temporary license effective August 24, 2004 and expiring October 24, 2004 at midnight; subject to renewal if the conditions of the motion are satisfied; the conditions are : 1) Town’s certified plot plan prepared by Maynard & Paquette dated October 15, 2003 is the bas= is used as the outline of the junk yard; 2) within two weeks all non-registe= red, junk yard cars be removed and stored in back of the fence and that all ju= nk material be removed from Town property within the same timeframe; 3) the applicant will contact DES to review the property from a pollution preven= tion approach and advise what the applicant should be doing; and 4) renewal of= the conditional license, or granting of a permanent license, is conditioned on satisfying the conditions contained in the motion, and certification of no pollution evident on the property in accordance with DES; the Town reserv= es the right to not renew the license depending on the outcome of the report received.

VOTE:

(3-0-0) The motion carried.

Mr. Bergeron returned to the Board.

OTHER BUSI= NESS

Budget Rev= iew

Town Celebrat= ions – Mr. McDevitt stepped down for the discussion regarding the Town Celebration budget. Mr. Derby= was acting Chairman. = Town Meeting appropriation for 2004 was $7030.&= nbsp; The request for 2005 $8540. The volunteers and committees were thanked for their hard work

Mr. McDevitt resumed his position as Chairman.

Conservation Commission – Town Meeting appropriation for 2004 was $9659. The request for 2005 $16,881. The increase is mainly to fund a p= rime wetlands study; an additional portion would be needed at the time the wetla= nds were placed on the ballot for acceptance.&= nbsp;

Budget and= Warrant Article Review

The Selectmen reviewed the figures that had previously= been presented as follows:

Departme= nt	2004	2005
Assessor	$48,584	$91,967
Board of Adjustment	$3466	$3185
Budget Committee	$4057	$4057
Cable	$53,822	$57,049
Cemetery (not voted on by Selectmen) (2003 revenue: $37,900)	$100,183	$108,036
Conservation Commission	$9659	$16,881
Debt Service	$221,690	$212,109
Debt Service Principal	$405,000	$303,500
Elections	$22,750	$17,250
Emergency Management	$942	$947
Fire Department	$1,039,059	$1,090,327
Health Officer	$4100	$4250
Health Services (all funding ltrs. not yet rec’= ;vd)	Placeholder to be	provided by Mr. Gaydos
Highway (revenue private rd. plowing $45,728; projec= ted 2005 Highway Block Grant $235,000)	$718,702	$750,142
Human Services	$30,025	$50,875
Insurance (2005 est. revenue of $100,828	$721,237	$1,022,761
Legal	$75,000	$85,000
Library (not voted on by Selectmen)	$218,211	$218,211
Park & Recreation (2005 projected revenue $225,5= 73 – amt to be raised by taxes $184,531)	$268,371	$410,284
Planning Board	$13,720	$14,481
Planning Department (2004 revenue through end of May= , 2004 $17,759 – building/code revenue through end of May, 2004 $43,438 – est. 2005 revenue $190,000	$184,145	$231,667
Police Department	$1,768,816	$2,680,000
Retirement	$323,326	$439,914
Selectmen	$292,043	$339,576
Senior Center (2004 reimbursement from nutrition pro= gram of $9444)	$61,597	$65,412
Tax Collector (projected 2005 revenues $164,568)	$65,196	$79,264
Town Buildings	$283,922	$381,303
Town Celebration	$7030	$8545
Town Clerk	$92,976	$82,494
Transfer Station (2003 revenue of $16,401)	$523,002	$530,945
Treasurer	$7500	$7500
Trust Funds	$2040	$95

Mr. Lynde provided a brief observation comparing the 2= 004 and 2005 budgets:

2004 total appropriation $7,467,549

2005 total appropriation request $8,405,930 - an incre= ase of approx. $938,000 through basically six budgets as follows:

Insurance $300,000 ($240,000 health/ $25,000 dental/$4= 4,000 workman’s compensation)

Park & Recreation $140,000 ($150,000 increase in r= evenue projected)

Planning Department $80,000 (salaries/ $64,000 new equipment/$13,000 gas/$5000 expenses)

Police $232,000 ($200,000 salary/$16,000 gas/$10,000 specials)

Retirement $115,000 ($56,000 Police retirement/$45,000= Fire retirement/$15,000 FICA)

Town Buildings $100,000 ($13,000 salary/$7000 electric= ity/$18,000 water/$23,000 heat./$22,000

repair/$15,000expenses)

CIP Review=

The Selectmen reviewed the primary items contained on = the CIP spreadsheet that the CIP recommended for the Selectmen to act on in 2005.

Funding Revaluation of Town Property

Mr. McDevitt said the Selectmen had previously discuss= ed funding the revaluation of Town Property.&= nbsp; He wanted to know if the Selectmen would like the funding to be thro= ugh a warrant article, or if it would be placed in the operating budget.

Mr. Derby proposed a wording change ‘To see if the Town would vote to raise= and appropriate the sum of $560,000 for the&nb= sp; purposes of complying with state certification requirements revaluing all property assessments in the Town of Pelham to April, 2006’. He made a motion to pay for th= e cost of the revaluation in one year. Mr. Bergeron seconded the motion. It was understood that the wording was not final, conceptually the Selectmen understood Mr. Derby’s intent of the motion. Mr. Lynde favored borrowing the mo= ney because the growth rate in the assessed valuation would equal the interest = rate increase. He said he would su= pport two warrant articles on the ballot; one that would raise the funds in one y= ear, and one that would bond the funds over five years.

There was further discussion regarding how warrant art= icles could read. The Selectmen dec= ided to vote on the motion made by Mr. Derby.&n= bsp; There was a brief discussion regarding the submission of two warrant articles to give the voters a choice for funding.

MOTION:=

(Derby/Bergeron) To pay for the cost of the revaluat= ion in one year.

VOTE:

(2-2-0) The motion failed. Mr. McDe= vitt and Mr. Lynde voted no.

Mr. Gaydos discussed the type of warrant articles that= could be submitted. Basically, a wa= rrant article to raise the total amount required a simple majority vote; and a warrant article to raise the funds over five years would require 60% vote.<= span style=3D'mso-spacerun:yes'>

MOTION:=

(Lynde/Bergeron) To place two warrant articles on the ballot; one warrant article would raise the total funds in one year, and = one warrant article would raise the funds through a five year note.

VOTE:

(3-1-0) The motion carried. Mr. McD= evitt voted no.

Baptist Churc= h Request to Use Common September 11, 2004

Mr. McDevitt said he would like to discuss the request submitted by Crossroad Baptist Church Pastor Kyzer to use the common on September 11, 2004 (during Old Home Day). He said the Po= lice Chief had some concerns and requested the opportunity to speak with Pastor Kyzer = one more time. There was no oppos= ition to the request.

Raymond Pa= rk – CMA Proposal Review

Mr. McDevitt said a proposal had been received from CM= A of Portsmouth regarding Raymond Park. He read aloud a portion of the proposal to complete the initial site= characterization of the tire land fill (which was one requirement of DES). It had been determined that the ti= re dump was post 1981 thereby requiring that the tires be dug up and removed, = or that it be treated as a land fill and capped. Mr. McDevitt reviewed what actions= CMA would take in accordance with DES requirements. The Selectmen briefly discussed how CMA’s work would be paid for; it was determined that the funds would = come from 2004 Warrant Article #32 ($15,000) from the Pelham Forestry Fund ̵= 1; the CMA proposal would cost $12,500.

Mr. Bergeron suggested seeking legal opinion regarding taking the funds from the warrant articles. Mr. Gaydos discussed the warrant a= rticle wording and felt it was reasonable to take the funds from it. Mr. Bergeron agreed that the work = had to be done now, but felt there may be additional costs later. Mr. McDevitt asked what would happ= en if the project was postponed until May. Mr. Gaydos said the Town could ask DES if they would allow postponem= ent until May due to funding. The= re was further discussion regarding how the Selectmen would proceed. Mr. Lynde discussed his understand= ing that a storage pond was to be located at the site where the tires were found with the purpose to provide an adequate source of water for irrigating the soccer fields. He no longer f= elt this was a viable option and said the Town needed an alternate plan. He said there was running water in= the area that could possibly be used. Mr. McDevitt didn’t know who was watching over the project. Mr. Lynde understood that the proj= ect initially stopped because there was no water, and now the project was stopp= ed because it was realized that the Town didn’t have proper permitting.<= span style=3D'mso-spacerun:yes'>

MOTION:=

(Lynde/Bergeron) To authorize Mr. Gaydos to sign the agreement with CMA on behalf of the Board of Selectmen, with the understanding that the funds be taken from the operating budget for now.<= span style=3D'mso-spacerun:yes'>

VOTE:

(4-0-0) The motion carried.

Herbert As= sociates Offer of Services

Mr. McDevitt said Peter Zohdi of Edward Herbert Associ= ates Inc. forwarded a letter that expressed the willingness to do the necessary = work to complete the dredge and fill permit, complete the site specific permit r= equired by the state, complete the EPA report and locate existing tire storage area= . Because this was an offer of a donation in excess of $500 value and further that the firm and individual making the offer practices before the Planning Board and Board of Adjustment, a public hearing would be needed for if the offer was acceptable to the Selectmen. = Mr. Gaydos discussed how the offer came about being made and what services were being offered to the Town.

It was decided to schedule a public hearing for September 7, 2004.

Spring Str= eet Update – Change Order Approvals

Mr. Gaydos said two change orders had been received by= the engineer: 1) oversight by engineering company contained in the bid documents there were 32ft. of 12” pipe that was missed – the contractor provided an increase of $800 to the contract; 2) drainage pipe that was fou= nd to be needed (once thought to be good was found to be falling apart) – price for complete removal of 90ft. of existing 12” pipe (inverts rem= ain the same – two rip rap swales to be rebuilt) – net increase of change order is $22,390; and engineer service additional time $3600. The total project price (including= the change orders) is $218,518. <= span style=3D'mso-spacerun:yes'>

MOTION:=

(Bergeron/Derby) To approve the change orders as des= cribed by Mr. Gaydos.

VOTE:

(4-0-0) The motion carried.

It was noted that the binder course had been put down,= but had to over-winter for one year before the final course could be put down n= ext spring/summer. It was also no= ted that the Town would be plowing the road this winter.

TOWN ADMINISTRATOR’S REPORT / SELECTMEN’S REPORTS=

Mr. Gaydos informed that the water quality tests at th= e Town beach had indicated that the quality was good. He informed that the unguarded bea= ch would remain open until Labor Day. He said Mr. McCarthy wanted to know if his budget could be increased= by $1000 to cover the beach between the end of camp and Labor Day. Mr. Bergeron asked if the grant aw= arded to Park & Recreation helped with coverage. Mr. Gaydos said the grant targeted specific programs. Mr. McDevi= tt suggested Mr. McCarthy forward a memo outlining the request. Mr. Gaydos said Mr. McCarthy was h= aving trouble scheduling the fall soccer program and would like to set an absolute deadline for Sept= ember 1, 2004; the original deadline was July 30, 2004. The Selectmen supported Mr. McCart= hy making the decision regarding setting deadlines.

Mr. Bergeron and Mr. Derby had no reports.

Mr. Lynde said he represented the Town at the property transfers at Hinds Lane (135+ acres) as well as Poplar Hill (36.17 acres). He ended by reporting that Old Hom= e Day would be held Se= ptember 11, 2004.

Mr. McDevitt gave a reminder that there would be no me= eting held August 31, = 2004.

REQUEST FOR NON-PUBLIC SESSION

MOTION:=

(Derby/Lynde) Request for a non-public session per R= SA 91-A:3,II, c (Matters which, if discussed publicly, would affect adversely the reputation of any person)

ROLL CALL:<= /b>

Mr. McDevitt-Yes; Mr. Bergeron-Yes; Mr. Derby-Yes; M= r. 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:= 54 pm. Also present was Mr. Gaydos.

The Board returned to public session at approximately = 10:17 pm.

MOTION:=

(Bergeron/Derby) To seal the minutes of the non-publ= ic session indefinitely.

VOTE:

(4-0-0) The motion carried.

ADJOURNMEN= T

MOTION:<= o:p>

(Bergeron) To adjourn the meeting.

VOTE:

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

The meeting was adjourned at approximately 10:17 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