BOS Minutes 11-09-2004

NOT APPROVED

TOWN OF PELHAM

BOARD OF SE= LECTMEN MEETING

MINUTES

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, Mr. Tom Gaydos, Town Admin= istrator

Also present:

ABSENT:

Members of the press and general public.

None.

&nbs= p;

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

MINUTES RE= VIEW

October 26, 2004

MOTION:<= o:p>

(Bergeron/Danevich) To approve the October 26, 2004 meeting = minutes as amended. <= /p>

VOTE:

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

The amendments to the minutes were as follows: page 2, bottom – the words ‘the site’ shall be inserted ‘…he reviewed the site = two weeks ago…’; page 3, mid page – the sentence reading R= 16;…the first step for the Town to create the Park & Recreation Department to be self-funded…’ was amended to read ‘the first step for the Town to move the Park & Recreation Department’s progr= ams to be self-funded..’; page 5, top- the word noted was added to the following ‘Mr. Danevich noted those two…’

OPEN FORUM=

None.

APPOINTMEN= T(S)

PUBLIC HEA= RING for the purpose of purchasing a new heater for the Fire Station from Emergency Maintenance Account

Mr. McDevitt said the purpose for the Public Hearing w= as consistent with Article #14 passed in March, 2004 to establish a $50,000 Emergency Rep= air Capital Reserve Fund for the Town and naming the Selectmen as agents to exp= end that fund; subject to fourteen days notice and a public hearing. He said it had been noted two week= s ago that the heating system on the right side of the Fire Station had to be replaced. The Selectmen proce= eded to do so, on the basis if there were objections at the public hearing and it was decided not to spend money from the Emergency Fund that the money would come from the Fire Department’s budget.

There was no public comment.

MOTION:<= o:p>

(Danevich/Derby) To expend an amount not to exceed $= 5000 from the Emergency Repair Capital Reserve Fund.

=

VOTE:

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

OTHER BUSI= NESS

Review Pre= liminary Warrant Article Submissions

Mr. McDevitt noted that this would be the Selectmen= 217;s first discussion regarding the warrant. More information may be needed.&nbs= p; Preliminary numbers and letters have been assigned for discussion pu= rposes only.

The Selectmen began their review of the Warrant Article submissions, which at this time were not in their final form.

* continued below.

Continuati= on of the October 26,= 2004 Public Hearing – Coombs Junkyard

Mr. Bergeron recused himself.

Mr. McDevitt informed that the Selectmen had convened a public hearing two weeks ago under the State Junkyard Regulations as well as the Town’s Health Ordinances relative to the Coombs Junkyard License application. At the time, the public hearing was recessed so the site could be reviewed by the Selectmen. Mr. McDevitt said a Selectmen’s meeting was duly posted, the Board spent time reviewing t= he property lines and the bounds around the Town property and the Coombs’ property; all the boundaries are clearly marked as per the Town’s survey. Certain conditions we= re noted: 1) a number of tires still on the Town property; 2) rear-end of a tow truck on Town property; 3) private mobile home/RV on Town property; and 4) other miscellaneous junk on Town property.= Mr. McDevitt said there were some discussions with Mrs. Coombs relat= ive to the property lines.

Ms. Paula Morse (Norman and Joyce Coombs’ oldest daughter) of Manchester said she had been informed about the discussions and a lot of consideration= was put into what was said. She s= aid the fence was the big issue and they had to wait until the property was resurveyed, which would take up to two weeks. They were also waiting for the land title; the company preparing with was working with the Coombs’ attorn= ey. Ms. Morse said the fence was origi= nally put up by her grandfather; she said a paper had been found from the Superior Court stating that her great-grandmother had an asset property of three acr= es (more or less). With respect,= Ms. Morse said they couldn’t just ‘raise their hands’ if they= had something that could turn around and be valid. She said if the fence were moved it might break the ‘grandfather’ clause; the junkyard had been the= re for sixty-six years and the family was not willing to give it up.

Mr. Lynde asked if the discussion was regarding the ex= isting fence. Ms. Morse answered yes= . He said they had identified where = the surveyor had placed boundary markers and the concern was having the vehicles and tires moved onto the Coombs property. Ms. Morse said to her knowledge everything had been moved (during the week and the weekend) in the yard. She said the racecar had been move= d; the snow plow was not an issue for them; anything that had to be registered, th= ey would. She said the boundarie= s were clear as to what the Selectmen have stated; however the location of the fen= ce and the area behind was in the guideline of her father and grandfather. She said the camper/rv was not a r= elevant issue to the business. They w= ere present because of the business. Ms. Morse said the boundary lines were in question and requested a thirty-day continuance so they would have the opportunity to figure out with their surveyor and their attorney what the boundaries really were. She said her mother had previously stated if everything matched, they were more than willing to move everything and do what the Town was asking. Mr. Lynde said his impression was if a straight line was drawn betwe= en the markers, it would go through part of the fence; the main issue was gett= ing the stuff back across the boundary line.&n= bsp; Mr. McDevitt believed that was accurate. Mr. Derby believed the impression = was if the fence was moved toward Mammoth Road it would give ample room to move things behind it. Mr. Lynde said it = was just a suggestion to add additional storage space; the ramifications were n= ot known and it was not criteria for either getting, or not getting a license. Ms. Morse said it ha= d been highlighted to her that moving any kind of structure would break a grandfat= her clause.

Mr. Gaydos said the advice the Town received was that = the state law changed and said there is no such thing as a ‘grandfathered’ junkyard; all junkyards must be licensed in ord= er to operate. He said when he s= tarted working in the Town there was a similar conversation regarding where the boundary lines were; there was a question about the work proceeding and stopping, in an effort to try and move things along the Board authorized hi= m to hire a company to complete the survey (which had been done). He said the land was sealed by a licensed land surveyor on August 30, 2004. He unde= rstood that one of the stipulations of the temporary agreement was that the licens= ed survey was correct. He asked = if that was being changed. Ms. M= orse was under the impression that they would originally go by what the Town had, because she informed everyone that another survey would be done, until everything was all done. Mr. = Lynde reviewed a portion of the motion made at the Selectmen’s August 24, 2= 004 meeting ‘…Town’s = certified plot plan prepared by Maynard & Paquette dated October 15, 2003 is the basis used as the outline of the junk yard…’. He confirmed with Ms. Morse th= at they agreed with the motion, but questioned/challenged whether the survey w= as correct, but for the time being until they could find proof to the contrary, that is the basis under which the Town was operating and requiring them to = meet the limits of the junkyard; which is the understanding. Ms. Morse answered yes.

Mr. McDevitt said the Selectmen were losing patience; = for twenty years notice had been given that the junkyard was on the Town’s property. He said the last ti= me it came up the business said a survey would be done; as far as the Town knows = they got a survey, but the Town never saw it.&n= bsp; At which point, the Town took the unusual step of going out and gett= ing their own survey on the basis of saying that they were on Town property. He felt the Board needed to ask it= self at what point do they go beyond being patient and fair and considerate and = giving the junkyard the chance to prove they were in compliance and when did it tip over to the point of a disservice being done to the rest of the community w= ho expected the Selectmen to uphold the law.&= nbsp; He understood Ms. Morse was relatively new to the discussions, howev= er the discussions were not new discussions; there had been ample opportunity = for the business to demonstrate conclusively that the boundaries were right, or wrong.

Mr. Lynde once again reviewed a portion of the conditi= ons contained in the motion made on August 24, 2004 ‘…1) Town’s certified plot plan pr= epared by Maynard & Paquette dated October 15, 2003 is the basis used as the outline of the 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 review the property from a pollution prevention approach and advise what the applicant should be doing ; and 4) renewal of the condition= al license, or granting of a permanent license, is conditioned on satisfying t= he conditions contained in the motion, and certification of no pollution evide= nt on the property in accordance with DES; the Town reserves the right to not renew the license depending on the outcome of the report received. R= 17; Ms. Morse noted that she had not received the paperwork back from DES. Mr. Lynde said he would = be inclined to extend the license for another sixty-days but wanted to make su= re everything was off Town property before he did so.

Ms. Morse questioned if the reference to Town property= (i.e. the camper) was in relation to just the business (business related). Mr. McDevitt said the Selectmen pu= t them on notice that items were on Town property and requested such items to be moved; this was a separate issue not considered in granting the license.

Mr. Gaydos felt it was important to have a signed agre= ement with all parties of what was applicable, so there was a basis to continue.<= span style=3D'mso-spacerun:yes'> He said if the parties came to an agreement, it should be written and signed by the responsible parties. He understood once everything was cleared off the Town property line, the Selectmen wanted him to authorize a fence to be erected. He said = he was at the property yesterday (with the Park & Recreation Director) and wou= ld not have been able to erect the fence yesterday morning; he felt that objec= tive was clear. Another objective = was that the Coombs would work with Storm waters which information was not shar= ed; he said he spoke to the state and questioned the process; the state was not authorized to release the information.&nbs= p; He said it if were in writing and agreed to with the all the parties= the Town could contact the state and find out the status.

Mr. Danevich said he was new to the process and had re= viewed the Town Ordinance, to which he had a list of questions. He also reviewed the Purpose ‘…is the policy of the = Town of Pelham and determined to be the public interest to provide for effective control of the establish= ment..’ He discussed what was obs= erved on the site (i.e. truck, trailer, tires).&= nbsp; He was against granting a temporary extension because the Coombs had= not satisfied the four conditions set forth on August 24, 2004.

There was no other public comment.

Mr. Derby said he had listened for thirteen years and = felt effort had been made since the motion was made on August 24, 2004; and was = the first time an effort was made. He said he would go along with Mr. Lynde, but on the recommendation if they didn’t sign an agreement, it would be taken away. Mr. Lynde asked if the document (agreement) could be drafted and reviewed and voted on by the Selectmen. The agreement could essentially co= ntain what the Selectmen had stated in the motion, such that the plot plan done by Maynard & Paquette was the basis for the bounds of the junkyard (and doesn’t take the right away for the Coombs to over turn it) but is the basis for the license and to be abided by unless proven otherwise for the bounds of the junkyard; to continue to maintain all material on their prope= rty across from the bounds of the property; all non-registered vehicles shall be behind the fence; follow up with DES and provided the Town copies of the da= ta.   Mr. Lynde said he would docum= ent, review and ask the Coombs review and sign.= Mr. Derby noted that the Town wanted to put a fence in, but it was t= he responsibility of the Coombs to fence in the junkyard.

Mr. Danevich said if the Health Ordinance was reviewed= there were four, or five conditions that were not met; and reviewed a portion of = the language contained therein. <= /p>

Mr. McDevitt said the Selectmen laid down conditions f= or the granting of the temporary license. <= /span>He said part of the fence was on Town property. He didn’t think what the Sel= ectmen laid down had been adhered to. He noted that the burden was on the applicant to provide the Town with a certi= fied plot plan. He said the Town h= ad a certified plot plan. Ms. Mors= e said the plot plan was from their surveyor.&nbs= p; Mr. McDevitt said that would be an argument between the Coombs and t= he engineer. Ms. Morse answered = yes. Mr. McDevitt said he would strongly support a motion to deny.

The Selectmen discussed further. It was confirmed that the TownR= 17;s plot plan had a stamp and had also been recertified.

Mr. Danevich asked if the applicant could re-apply if = they were denied. Mr. McDevitt sai= d to the best of his knowledge they could reapply. Mr. Danevich said the applicant ha= d not yet met the conditions stipulated in the motion August 24, 2004 and also didn’t = meet four or five of the Town Ordinance objectives. He strongly opposed the Town spend= ing any money erecting a fence around the junkyard (as specified in the ordinan= ce). He said it would be a great gestur= e for the Coombs to accept the plot plan and erect a fence (that drew a clear distinct boundary).

Mr. Danevich made a motion to deny the application bas= ed upon: 1) the applicant not meeting the conditions set forth in the August 2= 4, 2004 meeting; 2) Town certified plot plan has not been accepted, and is bei= ng contested; 3) condition not met that within two weeks non-registered junkya= rd cars being removed and stored in back and all the material removed from Town property; 4) DES contact made, but Town not seen report – unable to determine if applicant will be able to comply with DES findings within the report; 5) lack of a fence; and 6) lack of meeting Town Ordinance. Mr. Derby seconded the motion.

Mr. Lynde believed the applicant did agree to accept t= he plot plan as the basis, but didn’t give up their rights to challenge = it. He heard the applicant say it this evening. Mr. Danevich said he= would be more receptive if the applicant accepted it and moved the materials off = Town property based upon the plot plan, but that had not occurred. Ms. Morse said things in question = had been moved, the RV had not been moved because it had nothing to do with the business. Mr. Danevich questi= oned if the wrecker (up on blocks), trailer (full of tires) and the pick up. Ms. Morse said those items were be= hind the fence. She said the busin= ess had been there since 1938 and the fence had been there since 1968. Mr. Danevich said with that statem= ent, the applicant was saying they did not accept the certified plot plan, lines= and boundaries and were in fact contesting it.= Ms. Morse said everything but the fence. Mr. Danevich said his point was the applicant had not satisfied and accepted the first motion. Ms. Morse answered no and said the= y were not taking the fence down. Sh= e said part of what she was told was the fence needed to come down or it would bre= ak the condition of the license. She said the fence would not come down. Mr. Danevich said there was no assumption in his motion that the fen= ce would come down. He said it w= as the boundaries and where they were, which were clearly marked and identified (o= ne of which was in the middle of a tire pile inside the fence); he said it was agreed (during the site walk) that all material over the line would be moved back onto the Coombs junkyard, which it had not.

MOTION:<= o:p>

(Danevich/Derby) To deny the application based upon:= 1) the applicant not meeting the conditions set forth in the August 24, 2004 meeting; 2) Town certified plot plan has not been accepted, and is being contested; 3) condition not met that within two weeks non-registered junk= yard cars being removed and stored in back and all the material removed from T= own property; 4) DES contact made, but Town not seen report – unable to determine if applicant will be able to comply with DES findings within the report; 5) lack of a fence; and 6) lack of meeting Town Ordinance.

=

VOTE:

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

Mr. McDevitt informed the applicant as of this vote, t= hey did not have a license to operate a junkyard in the Town of Pelham. He said if they wished to request a renewal, or a new license when t= hey had a certified plot plan and the other conditions (imposed at the August 24, 2004= meeting) were met, they were welcome to reapply. He said it was not the Selectmen’s intent to put them out of business, but it was their job to make sure they complied with the regulati= ons of the state and Town.    <= /span>

Mr. Bergeron returned to the Board.

Interview = for Naming Policy Committee – Charlene Takesian

Ms. Charlene Takesian met with the Selectmen to discus= s her interest in being appointed to the Naming Policy Committee. She felt the naming committee was a wonderful idea and the Town should have one. She said there were a lot of peopl= e who have honored the Town with their work and time that should be recognized. <= span style=3D'mso-spacerun:yes'> She ended by saying there should be= a process to have something named after someone.

It was noted that the committee had approximately five= or six people presently on the committee.

MOTION:<= o:p>

(Danevich/Bergeron) To appoint Ms. Charlene Takesian= as a member of the Naming Policy Committee. =

=

VOTE:

(3-0-2) The motion carri= ed. Mr. Derby and Mr. Lynde abstaine= d.

OTHER BUSI= NESS

Review Pre= liminary Warrant Article Submissions Con’t…..

The Selectmen continued their preliminary warrant arti= cle submission review. They discu= ssed which items should remain and if additional warrant articles would be added. It was noted that warr= ant articles should be submitted as soon as possible because the last date for = the Selectmen to vote would be November 23, 2004; the Budget Committee would begin their review on November 29, 2004. The last day for Petition Warrant Articles to be presented to the Selectmen is January 11, 2004.

Parks and Recreation Grant – Vote

Mr. McDevitt said Park & Recreation Director Darre= n McCarthy had met with the Selectmen and submitted a grant from Hillsborough County= (State Division for Children Youth and Families) relative to a ropes course that he would put together for the summer program. The grant would be in the amount of $15,000.

=

MOTION:=

(Lynde/Derby) To accept the grant in the amount of $= 15,000 from the State of New Hampshire, Division for Children, Youth and Familie= s/ Hillsborough County.

=

VOTE:

(5-0-0) The motion carried.

Travel Bas= ketball – Parks and Recreation Department

Mr. McDevitt said Park & Recreation Director, Darr= en McCarthy had discussed some issues with the Selectmen as a result of Travel Basketball, which is not a Park & Recreation activity, but is sponsored= by a group of people; however, Park & Recreation Secretary (Kathy Carr) was spending an inordinate amount of time regarding scheduling issues.

Mr. Lynde said he had a discussion with a representati= ve of Travel Basketball and Mr. McCarthy on the subject and said the issue was practice time. He said Travel Basketball was willing to do their own scheduling if they had a block of time. He said the current arrangement had been set up several years ago because they were using Town insurance. He said if Travel Basketball went directly to the school for scheduling they would have to get their own insurance. There was further discussion regarding how Travel Basketball was run and if the Town would have liability issues. = Mr. Gaydos believed a plan had to be formed, so Travel Basketball either went u= nder Park & Recreation, or acted in a fashion similar to Little League or Razorbacks Football. Mr. Dane= vich felt the current situation was a misappropriation of labor given the time s= pent by Park & Recreation fielding calls/scheduling. Mr. Lynde disagreed that there was= as much time being spent on Travel Basketball issues as was told to the Select= men. He said the only concern of Travel Basketball was scheduling. He= said he was trying to facilitate the problems between Park & Recreation and Travel Basketball, such as possibly going directly to the school for schedu= ling and securing an insurance policy.

TOWN ADMINISTRATOR’S REPORT / SELECTMEN’S REPORTS=

Mr. Gaydos said he had four items for non-public sessi= on.

Mr. Bergeron said he attended the October 28, 2004 meeting of= Corridors Community Meeting (consisting of 26 regions). He said he spoke to the Planning Director Will D’Andrea and circulated copies of the notes from the meeting to the Selectmen. He = said if there were any questions people could contact Mr. D’Andrea or him. He said it seemed like t= here would be a lot of information coming forward regarding growth.

Mr. Derby noted that Memorial School served the Town well during the recent election.

Mr. Danevich discussed what the Board of Adjustment di= scussed during their Nov= ember 8, 2004 meeting. He = also reported that an update regarding the Skate Board Park would be provided. He said they would = try to get the lighting done this year and install the equipment in the spring.

Mr. Lynde had no report.

Mr. McDevitt thanked everyone involved with the recent Election. He said Pelham was = one of the few towns that didn’t have long lines.

REQUEST FOR NON-PUBLIC SESSION

MOTION:=

(Danevich/Bergeron) Request for a non-public session= per RSA 91-A:3,II, a, c & e (Personnel;&= nbsp; Matters which, if discussed publicly, would affect adversely the reputation of any person; Consideration or negotiation of pending claims = or litigation)

=

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 10:= 00 pm. Also present was Mr. Gaydos.

The Board returned to public session at approximately = 10:20 pm.

=

MOTION:=

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

=

VOTE:

(5-0-0) The motion carried.

ADJOURNMEN= T

MOTION:<= o:p>

(Bergeron/Danevich) To adjourn the meeting.

=

VOTE:

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

The meeting was adjourned at approximately 10:20 pm.

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

   &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;           Chari= ty A. L. Willis

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