BOS Minutes 01-11-2005

APPROVED

TOWN OF PELHAM

BOARD OF SE= LECTMEN MEETING

MINUTES

January 4, 2005

APPROVED – January 11, 2005

CALL TO ORDER

PLEDGE OF ALLEGIANCE

PRESENT:

Mr. William McDevitt, Mr. Victor Danevich, Mr. Richa= rd Derby, Mr. Jean-Guy Bergeron, Mr. Harold Lynde, 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

December 7, 2004

MOTION:<= o:p>

(Derby/Bergeron) To approve the December 7, 2004 meeting m= inutes as amended. <= /p>

VOTE:

(4-0-1) The motion carri= ed. Mr. Danevich abstained.

The amendment to the minutes was a follows: page 3, se= cond line shall be amended from: ‘Selectmen will no meet’ to read ‘Selectmen will not meet&= #8217;.

December 14, 2004

MOTION:<= o:p>

(Bergeron/Danevich) To approve the December 14, 2004 meeting= minutes as amended.

VOTE:

(4-0-1) The motion carri= ed. Mr. Derby abstained.

The amendment to the minutes was a follows: page 4, 1<= sup>st paragraph the word ‘is’ shall be deleted from the sentence read= ing ‘…letter is on file from…’; the vote regarding Map = 3, Lot 5-19 – 63 Tallan= t Road shall read 4-0-0.

OPEN FORUM=

None.

APPOINTMEN= T(S):

BOARD OF HEAL= TH: The Selectmen convened as the Board of Health with Chairman Paul Zarnowski.

Waiver of = Article K – Paul Zarnowski, Health Officer Map 42, Lot= 10-150, 3 Melody Lane

The requests are the setback distances 1) septic tank/= leach field to poorly drained; and 2) setback for a septic system to an existing on-site well. Mr. Bob Balquis= t of Meisner Brem presented the plan to the Board. He provided an overall view of the= site and the existing condition and what was being proposed. The Clean Solution system was being proposed so there wouldn’t be any adverse impact on the nearby wetlan= ds or drinking water well. The requested setbacks are an improvement over what currently exists failing le= ach is 30ft. to an intermittent brook the proposed would be 47 feet. The disbursal field is 47 feet from drinking well so there is no anticipated contamination.

Mr. Danevich questioned if the existing failed leach f= ield and tank would be removed. In= Mr. Zarnowski’s opinion they would be better off not touching the existing because more damage may be done. He said the tank would have to be pumped, crushed and left in place. Mr. Balquist saw no harm removing = the tank. He said the proposed sy= stem would utilize a new tank. Mr. Danevich wanted to follow through with removal of the tank according to the plan. Mr. Zarnowski said it w= ould be followed up on when the bed bottom inspection was done.

The wetlands were discussed. Mr. Zarnowski said the wetlands we= re poorly drained, forested, wooded, but met all the criteria for wetland jurisdiction. He said there w= ould be sheet flow across and through the noted pvc pipe into the intermitted brook.

MOTION:<= o:p>

(Danevich/Derby) To grant the Waiver of Article K to Section 295-16 for 3 Mel= ody Lane (Map 42, Lot 10-150).

VOTE:

(6-0-0) The motion carri= ed.

The Board of Health adjourned; the Selectmen reconvened.

OTHER BUSI= NESS

Schedule of Meetings

A regular Selectmen meeting will be held on January 4<= sup>th & 11^th(deadline for presentation of petition warrant articl= es); no meeting will be held January 18^th; regular meeting January 25= . January 31^st is the dat= e the warrant is to be posted. Duri= ng the month of February 1^st, no scheduled meeting February 8^{th
because the Town Deliberative Session would be held; February 15^{th
& 22^nd and March 1^st would be regular meetings. March 8^th is Town
Meeting.}}

Review of = Budget

Mr. Gaydos provided the Selectmen with copies of the December, 2004 budget, however there were still some outstanding invoices coming in. He said most of the budgets were on schedule. He outlined what areas were running short (over expended) and which budgets we= re under spent. Mr. Lynde asked if the issues were addressed in the 2005 budget.&= nbsp; Mr. Gaydos answered yes; he explained the reasons for the over expenditures and believed the 2005 budget had certain areas to be discussed= at reconsideration, but would be sufficient.&= nbsp;

Mr. Gaydos then reviewed outstanding warrant articles = and which had remaining funds to be ‘turned back’ and what would be further researched to see if it could be turned back. Mr. Bergeron questioned whether th= e Senior Center ramp had been completed to the way it should be. It was Mr. Gaydos’ understan= ding that the resurfacing of the ramp and the addition of the awning was okay wi= th everyone. Mr. Bergeron questi= oned who determined that the ramp met requirements. Mr. Gaydos said the ramp never met= ADA requirements;= he had heard that the seniors were happy with the work and hadn’t heard anyt= hing to the contrary. Mr. McDevitt= said the ramp passed the work that was to be done. He asked Mr. Gaydos to check with = the Senior Director to ensure that the work met the requirements as laid out.

Reconsider= ation of Budgets

Maintenance H= elp – Mr. Gaydos discussed the job description of the maintenance worker. He said in the past t= he Town had tried to hire unemployed individuals to do miscellaneous small job= s, which had not worked. He said= a warrant article for maintenance help in the amount of $13,440 was defeated = by the Budget Committee. He note= d if the warrant article remained and was defeated at Town vote the Town would be unable to expend any funds on a maintenance person. Mr. Gaydos would like the Selectme= n to request at reconsideration for some amount of money to be in the Operating Budget. He said it would be an appropriation and revenue (such as when the Theatre group had a performance). Mr. Bergeron sa= id the Selectmen set the policies; he said when the Budget Committee voted the war= rant article down, they appeared to be setting a policy. He said if the Budget Committee ha= d a problem with the number, maybe they should review the number rather than vo= ting it down. He questioned who was setting the policies. Mr. Lyn= de questioned if there was any projected offsetting revenue presented to the Budget Committee. Mr. Gaydos = said there may be approximately $2000 in revenues. There was a consensus of the Board= that $10,000 should be requested for placement in the Operating Budget if the Bu= dget Committee was not inclined to reconsider the warrant article.

NRPC – Recreation – Mr. Gaydos said one item for reconsideration would be the NRPC Study of coordinating future use of fields ($3500). Mr. Danevich said the main purpose= came out of the Master Plan process approximately four years ago; one hole was t= he Town didn’t have an impact fee for park & recreation programs. He said the plan had to hold up to= state statutes the data for which is difficult to collect – once the study = is complete, the Planning Board and Selectmen could create impact fees. There was no objection by the Sele= ctmen to request reconsideration at the Deliberative Session.

IRS Ruling on Recreation – Mr. Gaydos said this had an impact of approximately $3500. He said during the rec= ent audit by the IRS some of the long-term practices were not acceptable by them. In summary, the IRS ref= used to recognize recreation instructors as ‘independent contractors’= ;; which they felt were Town employees making the Town responsible for paying social security and Medicare and an increase of worker’s compensation= . The Selectmen will request reconsi= deration of $3500.

Four full-time Firefighters – Mr. McDevitt said the Fire Department had requeste= d four full-time firefighters and passed the Selectmen with a 4-1 vote and didn’t pass the Budget Committee.&nb= sp; He asked the Selectmen to consider re-voting and adjust the number (possibly to two). Mr. Berger= on said he voted in favor of four and continued his support for four firefighters.

Vote to Ra= tify Union Agreement

Mr. Gaydos said for the last several weeks the Selectm= en had discussed negotiations for the Pelham Firefighters/Highway Workers and Supp= ort Staff. The Union had tentatively agreed to the proposals; the Selectmen had tentatively agre= ed that they needed to do so in public session; the agreement would remain a non-public document until being presented to the Budget Committee January 18, 2005.

MOTION:<= o:p>

(Danevich/Lynde) To ratify the union contract for = Local 1801 of the AFSCME Unit Pelham Firefighters, Highway Workers and Support Staff as discussed in non-public session, with details to be made availab= le to the public on January 18, 2005.

VOTE:

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

Union Agre= ement Warrant Article

Mr. Gaydos said he would be presenting the actual numb= ers next week, once the final numbers are checked.&= nbsp; The Budget Committee will receive non-publicly at the same time as t= he Selectmen.

Conservati= on Policy

Mr. McDevitt said the Selectmen had discussed the word= ing of the Proposed Policies for the Conservation Commission – Re: Negotiati= ons for Open Space and read the latest version aloud:

“Only pe= rsons designated by the Conservation Commission are authorized to negotiate open space purchases, conservation easements, and the like, on behalf of the Tow= n of Pelham, only if the funds paying for the purchase or easement are from the = open space portion of the current use funds or from open space bond approved by = Town Meeting.

This does not = mean that other individuals are excluded from approaching the Commission regardi= ng their land or land of others.

This does mean= that individual members must have the agreement of the majority of the Commissio= n if they wish to represent the Town.

The Conservati= on Commission is to negotiate with principals only in any negotiations unless a principal designates, in writing, a third party to negotiate on their behal= f.

This does not = exclude general discussions with third parties prior to the start of negotiations w= ith the principals.

Ultimately the= Board of Selectmen must authorize the purchase”

Mr. Danevich clarified that the policy/process must be followed if anyone was looking to spend money out of the current use fee or= the bond. It doesn’t take a= ffect for a donation of a piece of land, or applying for/using grant money.

MOTION:<= o:p>

(Lynde/Danevich) To adopt the policy regarding the P= roposed Policies for the Conservation Commission – Re: Negotiations for Open Space dated Jan= uary 4, 2005.

=

VOTE:

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

   &nb= sp;

Town Cente= r – Letter from Safety Commit= tee

Mr. Bergeron read aloud a letter dated January 4, 2005 sent to the Se= lectmen from the Highway Safety Committee. The letter indicated that the committee worked with representatives = from the Board of Selectmen and Nashua Regional Planning Commission to review various traffic proposals (and GEOD study) for the intersections in the cen= ter of Town. The recommendation o= f the Highway Safety Committee was that the Selectmen endorse the two existing studies that indicate synchronized signalization at both the Town Center intersections consisting of Main Street and Windham Road and Old Bridge Street North and Marsh Road.=

Mr. McDevitt said each of the various solutions failed= and it was clear that none of the interim solutions would work. It was also clear after NRPC’= ;s review of the details that the traffic signalization was the most appropria= te solution. He was content that= all possibilities were exhausted. No Board action was being sought at this point, but Mr. McDevitt felt the Board should take a position moving forward.&nbs= p;

Mr. Lynde recalled the GEOD report, which indicated ev= en with synchronized traffic lights, one of the intersections would still fail= . He said Mr. McDevitt and Mr. Berge= ron were both present when the State Highway Commissioner thought that the best solution would be a round-about (if the fire station was no longer there).<= span style=3D'mso-spacerun:yes'> He said knowing that there would b= e a new fire station (possibly coming forth next year) the center could be reconfigured.

Mr. McDevitt suggested having Mr. Steve Williams of NR= PC meet with the Selectmen to discuss the information. Mr. Bergeron discussed the review process taken by the committee. He believed the commissioner had stated at different times that the signalizat= ion was the answer and at another time that the round-about was; however she did not do the plan or the study. He ended by thanking the Highway Safety Committee and the representatives from NRPC for their work on the project.

Mr. Bergeron felt the Selectmen should come up with a resolution, and could not seek funds until such time.

He was told it would cost $250,000 for signalization a= nd he felt the amount could possibly be obtained by contacting Congressman Charlie Bass.

Mr. McDevitt said he would ask Mr. Williams to attend = the Selectmen’s January 25, 2005 meeting to review the study analysis. There was further discussion regar= ding the reviewed studies and other areas in Town that will have traffic problem= s in the future.

Recommenda= tion of Warrant Articles

Mr. Bergeron said the Selectmen had briefly discussed = an article contained in the = New Hampshire Town= and City Magazine put out by the Municipal Association. The article was written by Susan S= lack, Esq. and discussed the RSA’s and New Hampshire Constitution regarding ballots and recommendations contained on such. Mr. Bergeron suggested that two Se= lectmen volunteers work with Mr. Gaydos, take the criteria outlined in the article, apply it to the Town’s proposed warrant articles and report the findi= ngs back to the Selectmen. Mr. Mc= Devitt said that the Town had placed recommendations on the warrant for years. He said when the Budget Committee = reviewed the article and was unhappy because a good deal of the work they do is show= n in the recommendation. They woul= d not be able to send out a separate mailer because public funds can not be used = to convey opinion. Mr. McDevitt said he= heard from a few tax payers who said they always look at the Budget Committee recommendation. He suggested = that Budget Committee members be added to the group (Mr. Bergeron suggested) to discuss= how the Town should react; not for the 2005 ballot but for future ballots. He believed the public would wonde= r what happened to the recommendations and didn’t feel that quick action sho= uld be taken, but rather to review the situation.

Mr. Bergeron felt action should be taken now since it referred to many of the RSA’s and Constitution. He said the subcommittee should re= view the article, RSA’s and Constitution.= Mr. Lynde said the Town had similar situations when suddenly they we= re made aware of what the law stated and had complied. He said it appeared that the Selec= tmen should have a clear understanding of what is/is not allowed.

Mr. McDevitt said he would work with Mr. Bergeron and = Mr. Gaydos and report back to the Selectmen.&n= bsp;

TOWN ADMINISTRATOR’S REPORT / SELECTMEN’S REPORTS=

Mr. Gaydos said correspondence had been received from = the Planning Department involving litigation with Woodview Development regardin= g the subdivision of a parcel of land. On January 3, 2005, the Planning Board voted to approve, with conditions, a site specific plan = for Map 36 Lot 10-110; in accordance with paragraph 4 – stipulation for remand from the court the appeal of the Planning Board’s denial of th= e applicant’s subdivision should be dismissed. Mr. Gaydos also had correspondence that requested the Selectmen to address and consider the possible speed reductions on Garland Drive, Youngs Crossing and = Kopers Lane= . He said he would have the Highway = Safety Committee review and provide recommendation to the Board.

Mr. Gaydos said the Planning Board forwarded the list = of roads recommended for acceptance on the warrant article as follows: Golden Brook Drive, Benoit Avenue Extension, G= authier Road, Jonathan Road, Honey Lane and Robin Road, Hancock Lane, Kopers Lane, Dodge Road, Herrick Circle and Priscilla Way Extension. He said the Planning Board agreed = to recommend Hancock Lane, Priscilla Way Extension, Kopers Lane, Dodge Road and Herrick Circle for acceptance only with the understanding that the developer would enter into a written agreement with the Town to finish the outstanding items identified for each of the subdivisions (respectively) and if such agreement is not provided by Deliberative Session, then the respective road would be removed from ballot. Mr. McDevitt asked that the roads be reviewed by the Planning Director to ensure that they meet the name criteria.

Mr. Lynde asked for a status update of the E911 projec= t of changing road names and numbers.

Mr. Gaydos also reported that in principle, the CLD Engineering issue had been resolved; once resolved (and all documentation is signed), he will report back to the Selectmen. He also informed that the Town had completed the primary steps for Eminent Domain and had a letter of acceptan= ce from Mr. Corey Chaffe; Town Counsel is doing their final review. The property will be acquired for $17,000.

Mr. Gaydos ended by circulating a petition Warrant Art= icle received which would withdraw the sum of $11,000 from income generated by t= he Elmer G. Raymond Park Trust Fund to make certain repairs. It was noted that petition warrant articles could be amended on the floor of the Deliberative Session but could not be increased, but could be reduced and re-written. Mr. Danevich said $11,000 would no= t fix the items contained on the list of the petition. Mr. Gaydos said he would get an estimated cost to fix the items by the next meeting, so an intelligent deci= sion could be made.

Mr. Bergeron reported that he and the Fire Chief atten= ded the Merrimack Valley Regional Water District on December 16, 2004; and also attended a = meeting on December 27,= 2004 with the Nashua Aldermen Water Committee Members to review a draft of the C= ity of Nashua Water Ordinance. He said they were invited to a non-public meeting December 28, 2004 and attended with the Mayor and the full Board of Alde= rman to discuss water utility acquisition. He questioned if Park & Recreation Director Darren McCarthy could attend a meeting and discuss the gate at Veteran’s Memorial Park as w= ell as other parks/Town owned properties and their accesses. Mr. Gaydos said he would ask Mr. McCarthy to attend a meeting.

Mr. Derby, Mr. Danevich and Mr. Lynde had no report. <= /p>

Mr. McDevitt noted that January 11, 2005 was the last day petiti= oned warrant articles could be presented to the Selectmen. There will be a public hearing January 18, 2005 regarding the budget to be held at the Pelham Elementary School Media Center at 7pm. The dates to file for Town office = is January 19^th-28^th.&n= bsp; He ended by announcing that he would not be seeking re-election. He had been a Selectman since 1991= .

REQUEST FOR NON-PUBLIC SESSION

MOTION:=

(Derby/Lynde) Request for a non-public session per R= SA 91-A:3,II,a & b (Personnel; Hiring of any person as an employee)

=

ROLL CALL:<= /b>

Mr. McDevitt-Yes; Mr. Danevich-Yes; Mr. Derby-Yes; M= r. Bergeron-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 8:= 30 pm. Also present was Mr. Gaydos.

The Board returned to public session at approximately = 9:45pm.

=

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 9:45 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