BOS Minutes 10-26-2004

APPROVED

TOWN OF PELHAM

BOARD OF S= ELECTMEN MEETING

MINUTES

October 26, 2004

APPROVED – November 9, 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)

Also present:

ABSENT:

Members of the press and general public.

Mr. Tom Gaydos, Town Administrator

&nb= sp;

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

Mr. McDevitt announced that the Southern New Hampshire Services, Inc. is pre-registering clients for the 2004-2005 Fuel Assistance program. For further informa= tion contact the Nashua= office at: 889-3440.

MINUTES R= EVIEW

October 19, 2004

MOTION:=

(Bergeron/Danevich) To approve the October 19, 2004 meeting = minutes as amended. =

= ;

VOTE:

(4-0-0) The motion carr= ied.

The ending times and motions were added to the minute= s.

Mr. Lynde arrived.

OPEN FORU= M

Ms. Lynn Ober of 3 Heritage Circle, Hudson NH, came forward to announce that s= he would be seeking election as a State Representative. She provided a summary of her bac= kground and reasons why she would like to be elected.

Mr. Bergeron stepped down from the Board to speak dur= ing Open Forum.

Mr. Jean-Guy Bergeron came forward to announce that h= e would seek re-election as a State Representative. He noted that he had served in th= e House for four years and wanted to continue.&nb= sp; He discussed the process he took when reviewing and voting on bills= .

Mr. Bergeron returned to the Board.

Mr. Henry DeLuca, Garland Drive, said that he observed the traffic in t= he Town Center. He provided a sketch depicting an alternate traffic pattern that he felt would alleviate a lot of the traffic. There was a brief discussion regarding the proposal. Mr. McDevitt said the Town Safety Staff had a meeting with Steve Williams and Ryan Friedman of NRPC who reviewed a proposal (put together b= y Mr. Bergeron & Mr. McDevitt), which needed further review. During the meeting Mr. Williams a= nd Mr. Friedman said they would analyze other proposals; Mr. DeLuca’s propo= sal would be forwarded.

APPOINTME= NT(S)

PUBLIC HE= ARING – Coombs Junkyard License Hearing – Non-Renewal/Revocation

Mr. Bergeron recused himself.

Mr. McDevitt reviewed a portion of the Town Regulation – Health Regulation relative to Junkyards. He then reviewed the Selectmen mi= nutes of August 24, 2004; specifically the motion made in connection with the Co= ombs Junkyard: ‘ 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 &= amp; Paquette dated October 15, 2003 is the basis used as the outline of the ju= nk 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 r= eview the property from a pollution prevention approach and advise what the appl= icant should be doing; and 4) renewal of the conditional license, or granting of= a permanent license, is conditioned on satisfying the conditions contained i= n the motion, and certification of no pollution evident on the property in accor= dance with DES; the Town reserves the right to not renew the license depending o= n the outcome of the report received.’ Mr. McDevitt said the Selectme= n had received a copy of the report submitted by Building Inspector/Code Enforce= ment Officer Roland Soucy dated October 19, 2004 that provided the status of the junkyard as of October 18, 2004; a portion of which was read aloud. He noted that the Selectmen sent a letter to Mr. Norman Coombs (prior to Mr. Soucy’s inspection) and went on to read a portion of such. Mr. McDevitt said he walked the T= own portion with Park & Recreation Director Darren McCarthy and was able to locate the granite marker showing the delineation of the Town property. In his opinion there were vehicle= s along one portion and scrap placed in another area. He said the purpose of the meetin= g was to hold a Public Hearing and decide whether or not the license would be renewed.

Ms. Paula Morse (Norman Coombs’ oldest daughter) informed that Pollution Control had performed an inspection and they were awaiting results (which should be within two weeks). She said they seemed to be satisf= ied with the process and didn’t see any soil contamination. She said the Town would be provid= ed with a copy of the report. She al= so noted that surveyors had reviewed the site (for a second opinion) so that a certified plot plan could be submitted.&n= bsp;

There were no persons in the public who offered any additional comments.

Mr. Lynde got the impression that there were several = people involved who were not all in sync with what needs to happen at the junkyard. He was hopeful that everyone understood the seriousness of the situation and would get in sync= with what is being requested. Ms.= Coombs asked if it were possible for one of the Selectmen to visit the site and s= how specifically what is in question. There was a brief discussion regarding what was currently on the si= te and what should be moved from Town property. Ms. Coombs said there was a quest= ion regarding the actual lot size; in 1955 the property was assessed and liste= d as three acres (+ or -), but now the Town is showing the property to be 1.53 acres. She said they are researching to find out who assessed the property and where the paperwork is. Mr. McDevitt said the cu= rrent Assessor’s record shows the property as 1.65 acres.

Mr. Lynde said he was willing to review the site. Mr. Danevich said he reviewed the= site two weeks ago, but didn’t know the current condition of the site. Mr. McDevitt said he could recess= the Public Hearing until November 9, 2004 giving the Selectmen the opportunity to review the site either individually, or as a group. Mr. Danevich said he would like the Selectmen to review as a group.=

The Public Hearing was recessed until 7pm, November 9, 2004.&= nbsp; The Selectmen will post when they will review the site.

Mr. Bergeron returned to the Board.

Conservat= ion Commission – Land Purchase – Map 36 Lot= 10-10-1

Mr. Paul Gagnon and Conservation Commission Chairman = Bob Yarmo met with the Selectmen to present a thirty-six acre parcel for purch= ase ($335,000 – appraised value as of August, 2004 is $440,000) from the Costa Family. Mr. Yarmo said= there was a balance of $316,000 remaining in the Conservation Fund ($1,374,000 h= as been spent to date). Mr. Gag= non began by thanking the Costa Family. He then reviewed a map of the Town that depicted the parcel propose= d for purchase and how it would connect to other Town owned and conservation lan= ds. He said the parcel was approximat= ely 25% wetland/75% upland which could have had twelve house lots. He said the parcel fit under the selection criteria. Mr. Gagn= on reviewed a portion of the environmental report that called attention to the fact that timber management was high and may be helpful in funding steward= ship; he went on to review other portions of the report. He provided the Selectmen with a = form that denoted where the funds would come from for the parcel; this would be= the first parcel purchased from the bond.&nbs= p;

There was a brief discussion regarding the right-of-w= ay from Dutton Road= ; it was noted that it would be included (right to ingress/egress) if the pa= rcel was acquired. There was a potential, if the land was forested, to use the right-of-way to get the ti= mber out, so the wetland would not have to be crossed.

Mr. Gagnon provided a brief history of the parcel, wh= ich was approximately forty acres. I= n the 1980’s two lots were subdivided out and homes were built.

Mr. Danevich asked if there were any hazardous materi= als or liabilities on the lot. Mr. = Gagnon assumed if there were, the environmental report would have identified them. Mr. Danevich asked if = there were any back taxes or liens on the property. Mr. Gagnon was not aware of any; = he believed it would come under the investigation done by the Town attorneys = before closing. Mr. Danevich asked = if there were any side agreements. Mr. Gagnon said he knew nothing of side agreements; this is a ‘cleanR= 17; deal. Mr. Danevich made the = Board aware that lot 10-10 had come before the Planning Board. He said if lot 10-10-1 became a conservat= ion parcel it would force a decision by the Planning Board to extend the cul-de-sac o= n Brady Avenue (that already exceeded the regulation in length).

Mr. Gagnon said Doucette would do a survey prior to p= urchase; the marking of the boundaries would happen after closing.

MOTION:=

(Bergeron/Lynde) To approve the purchase of Map 36 = Lot 10-10-1.

= ;

VOTE:

(5-0-0) The motion carr= ied.

Announcem= ent

Mr. McDevitt announced that the Pelham Police Departm= ent received the Community Building Award from the Pelham Masons. Congratulations were extended.

Special R= evenue Fund – Park & Recreation Director Darren McCarthy=

Park and Recreation Director Darren McCarthy said he = would like to propose a warrant article to establish a special recreation revenue fund pursuant to RSA 35-B, Section 2-1,1.= He said the reason for proposing the article for the upcoming year = is, if voted in, it would be established in 2006; the creation of the warrant article would be the first step for the Town to move the Park & Recrea= tion Department’s programs to be self-funded; the money from the programs would go in to the special revenue fund versus the General Fund. The warrant article is written pe= r the state statutes. Mr. McCarthy= said the fund would help him track and know exactly what each program’s revenue was.

It was noted that the special revenue fund would be a= udited and would assure proper oversight. Mr. McDevitt said the warrant article would be included on the list= to be reviewed by the Selectmen. Mr. McCarthy discussed how the RSA was written and specifically what the funds could be used for.

Junior Le= ader – County of Hillsborough/State of New Hampshire Division for Children Grant=

Park and Recreation Director Darren McCarthy informed= that the Town was given a grant from the County of Hillsborough, State of New Hampshire Division for Children in the amount of $15,000; specifically for 11-15 year olds (J= r. Leader program). The grant w= as written to put a ropes course in at Veteran’s Memorial Park that cou= ld easily be installed and removed. Mr. McCarthy asked the Selectmen to review the grant. Mr. McDevitt said the Selectmen w= ould review the grant and take a vote on November 9, 2004.

OTHER BUS= INESS

Raymond P= ark – Update

Park and Recreation Director Darren McCarthy said he = had been given the charge to creating a seven-year park and recreation plan; p= art of which was to assess what the Town already had. He created a slide show for the Selectmen showing what the Town currently had and what was needed in the f= uture at Raymond Park. He said tha= t he was working with both Herbert Associates and CMA to review and see what pe= rmits were needed to create additional fields.&= nbsp; He said out of the 250 acres, only approximately 25 would be used because the majority of the land was hillside and would be used for passive recreation. He said he wante= d to be involved in the process so when the Town went forward and everything was in place there would be two beautiful soccer fields in place. It was his opinion that two full-= size fields were needed. There wa= s a brief discussion regarding drainage. Mr. McCarthy was concerned that swales would take away from the pla= ying space; he wanted to maximize the playing space.

Mr. McCarthy said he was waiting for a plan from Herb= ert Associates; from that plan he wanted to make sure that the permits would be covered; h= is main goal was to maximize the space.

Mr. Lynde asked the capacity of the well that was use= d at Raymond Park. Mr. McCarthy s= aid he would find out.

Mr. Danevich and Mr. Bergeron agreed that this projec= t was something that should be done right the first time.

Mr. McDevitt said grants had been applied for to assi= st in developing what the Town currently had and for additional work; he asked w= hat the time lines were and if they were in jeopardy. Mr. McCarthy said he was going to= meet with DRED and the representatives to address any issues and make them awar= e of the Town’s status. Mr. McDevitt asked Mr. McCarthy to let the representatives know he was the con= tact. Mr. McCarthy said they had been m= ade aware of the fact that he is the representative.

In an effort to clear up any confusion regarding Trav= el Basketball, Mr. McCarthy said that Park and Recreation worked with the sch= ools in order to get use time of the basketball courts. He said there were three basketba= ll courts in the Town; the one at the High School has very limited time. He said Park and Recreation was n= ot trying to take time from Travel Basketball; ¾ of the time given by = the school would be scheduled with Park & Recreation programs; ¼ wo= uld be for Travel Basketball. It= was noted that Travel Basketball was not sponsored through Park & Recreation. Mr. McCarthy sai= d he was working toward having the court time listed on-line to alleviate some = of the phone calls coming into the Park & Recreation office. Mr. Danevich questioned why the P= ark & Recreation office was handling the scheduling, since it took up so m= uch time. Mr. Lynde said schedul= ing of any of the school facilities should be through Park & Recreation. He said additional indoor facilit= ies were needed for sports related activities.

Mr. McDevitt asked about the status of the tire land fill. Mr. McCarthy said he r= eceived a fax from CMA (who was working with Eastern Analytical – well sampl= ing) and would be meeting with them on November 4^th and the 19^t=
h. The wells are drilled and in plac= e; they are awaiting reports.

Mr. Bergeron asked if there were other private groups calling Park & Recreation regarding scheduling. Mr. McCarthy said they worked with Little League and Razorback Football to schedule space at Muldoon Park; both of which seemed to work well around the Park & Recreation schedule. Mr. Danevich noted= those two groups were different because the Town owned the fields; the Travel Ba= sketball was different because it was a school resource and the Town didn’t h= ave final say when the space could be used.&n= bsp; He felt the Selectmen should revisit the issue and possibly charge Travel Basketball for Park & Recreation’s time. Mr. Lynde thought the key issue w= as that Park & Recreation received a block of time and tried to divvy it up be= tween the different programs.

Raymond P= ark – Resignation

The Selectmen received a letter of resignation dated = October 14, 2004 from Mr. William Hayes relative to the Raymond Park Project as the Town’s on-= site representative and the day-to-day construction supervisor with respect to = all outstanding North Pelham Park Complex Construction projects and contracts.= He also is resigning as the Town&= #8217;s contact person with respect to the LWCF grant and as the Town’s Grant Administrator with respect to the Trail Grant.

Mr. Lynde believed that Mr. Hayes was appointed as the on-site representative more for Mr. Hayes’ protection than as an off= icial employee of the Town. It was= his understanding by the resignation Mr. Hayes would no longer have that designation. Mr. McDevitt sa= id that was correct.

MOTION:=

(Danevich/Derby) To accept the resignation of Mr. W= illiam Hayes as: 1) the Town’s on-site representative and day-to-day construction supervisor with respect to all outstanding North Pelham Park Complex Construction project and contracts; 2) Town’s contact pers= on with respect to the LWCF grant; and 3) Town’s Grant Administrator = with respect to the Trail Grant.

= ;

VOTE:

(5-0-0) The motion carr= ied.

Tree Fund= - Update

Mr. McDevitt provided an update regarding the Village= Green Tree Fund. He said there had= been a delay, but come trees were replaced and markers were installed. An appropriate recognition would = be scheduled.

Fire Stat= ion heating unit

Mr. McDevitt said the Selectmen received a memo from = Fire Chief David Fisher indicating that the heat exchanger on the heating/air conditioning rooftop unit at the former Police Station had become inoperab= le. A technician from Cybertson checked the unit and informed that it had ‘rotted through’ and could no longer be used or repaired. The Chief requested that the tech= nician fax a cost for replaced. The= unit would be going in the former Police Station and had a one-year warranty. The estimate is $4926. It was suggested that the money c= ome from the Emergency Fund; however the Emergency Fund requires a 14-day noti= ce and public hearing; Mr. McDevitt said he posted a public hearing for Novem= ber 9, 2004, but asked the Selectmen to consider authorizing the Fire Chief to= take the steps to replace the unit the cost being charged (at the present time) against the Fire Department’s budget and once the requisite hearing = is held (and if approved) the Emergency Fund could be used. He also suggested that any bidding requirements be waived.

MOTION:=

(Danevich/Derby) To accept the bid from Cybertson Corporation in the amount of $4926 for installation of a new four-ton heating/cooling unit to match the existing duct work on the roof which includes the removal of the existing RTU and the disposal thereof.

= ;

VOTE:

(5-0-0) The motion carr= ied.

Warrant A= rticle

Mr. McDevitt said a letter had been sent to the Budget Committee regarding the Municipal Association’s article in connection with recommendations being added to the warrant with no statutory authorit= y to do. He read the letter aloud= . He said at some point the Selectm= en needed to take a position regarding what they would do.

TOWN ADMINISTRATOR’S REPORT / SELECTMEN’S REPORTS

Mr. Bergeron said he received a letter dated October 20, 2004 from DOT Commissioner Carol Murray informing that a meeting would be held on October 28, 2004 from 7pm-9pm regarding the I93 = corridor. He said he would like to attend t= he meeting. There was no object= ion from the Selectmen.

Mr. Derby informed that the Budget Committee would vo= te regarding the Town Budget on Monday; the School Budget would then be revie= wed.

Mr. Danevich and Mr. Lynde had no reports.

Mr. McDevitt said the Selectmen would not have a meet= ing next week; the next meeting would be held November 9, 2004.

ADJOURNME= NT

MOTION:=

(Bergeron/Derby) To adjourn the meeting.

= ;

VOTE:

(5-0-0) The motion carr= ied.

The meeting was adjourned at approximately 8:30 pm.

   &nb= sp;            = ;            &= nbsp;           &nb= sp;            = ;            &= nbsp;           &nb= sp;            Respectfully submitted,

   &nb= sp;            = ;            &= nbsp;           &nb= sp;            = ;            &= nbsp;                 =        Charity A. L. Willis

   &nb= sp;            = ;            &= nbsp;           &nb= sp;            = ;            &= nbsp;           &nb= sp;            Recording Secretary