BOS Minutes 07-05-2005

APPROVED

TOWN OF PELHAM

BOARD OF SE= LECTMEN MEETING

MINUTES

July 5, 2005

APPROVED – July 19, 2005

CALL TO ORDER

PLEDGE OF ALLEGIANCE

PRESENT:

Mr. Victor Danevich, Mr. Harold Lynde, Mr. Jean-Guy Bergeron, Mr. Edmund Gleason, Mr. Tom Domenico, Mr. Tom Gaydos, Town Administrator

Also present:

ABSENT:

Members of the press and general public.

None

MINUTES RE= VIEW

June 21, 2005<= /p>

MOTION:<= o:p>

(Lynde/Gleason) To approve the June 21, 2005 meeting minut= es with the suggested amendments.

=

VOTE:

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

The amendments to the minutes were as follows: page 2, paragraph 1 – the word it= was inserted ‘..adopt it formally…’; paragraph 2, sentence 2 – the words ‘…use as a seasonal to a year-round…’ were added; sentence 3 which read ‘He said the applicant was looking to come into accordance with…’ was amended to read ‘He said the applic= ant was seeking the waiver in accordance with….’; sentence 4 which = read ‘The section states to convert, a 2/3 vote by the Board of Health was needed to meet the requirements.’ was amended to read ‘This Sec= tion requires a 2/3 vote by the Bo= ard of Health to grant the waiver.’; paragraph 3 – the words ‘to meet’ were replaced with the words ‘to satisfy’; the port= ion of the sentence reading ‘…could request the waiver…’ was amended to read ‘…should request the waiver…’; = page 2, paragraph 2 – the word mot= ion replaced the word license in the followi= ng ‘…forth a motion = to deny..’; page 6, paragraph 5 – the word relevant replaced= the word negligent in the following ‘…by adding relevant factors..’; page 7, paragraph 2 – the words fuel and truck replaced the word revaluation in the following ‘…for the fuel and truck could..’; paragraph 6 – the word not was added to the following ‘…would not be totally available to offset fuel…’; the portion of the motion that read ‘…Speci= al Election…’ was amended to read ‘…Special Town Meeting…’; page 8 paragraph 6 – the following sentence was added ‘Mr. Gleason offered that Attorney Rattigan had offered the opi= nion that the Warrant Article, as written, intended transfer to the Local Post, = not the National Organization.’

OPEN FORUM=

Mr. Charlie Mooskian, Commander VFW John H. Hargreaves Memorial Post 10722, and Mr. Dave Hennessey, VFW Member, met with the Selec= tmen to discuss the Old Town Hall deed. Commander Mooskian reported that h= e had met with the Judge Advocate for the VFW who reviewed the proposed Old Town Hall deed and had the opinion that there was a major difference between what the voters passed and what the Town was proposing. The Judge Advocate recommended that the Selectmen and the VFW discuss the deed, or go to court. Commander Mooskian reviewed the items in que= stion: 1) if the Grantee disbands, dissolves or ceases to operate in three months, the ownership of the buildi= ng would automatically revert to the Town of Pelham; 2) Zoning Board restricti= on shouldn’t be in the deed since they were already on file with the Tow= n; 3) Town named as co-insurer – suggestion to have building rebuilt to certain square footage – question if insurance money placed in General Fund would there be a way to rebuild – no agreement to rebuild buildi= ng; and 4) unsure if septic system should be included in the deed.

Mr. Danevich asked if the VFW wanted the hall and ques= tioned when they would be prepared to take ownership. Commander Mooskian said the VFW wa= nted the hall and were prepared today to take ownership. He said the Selectmen put the restriction on the VFW regarding the Zoning and Planning Boards. He reiterated that the VFW was wil= ling to take the building and would fight for it.

Mr. Lynde believed the voters approved the Warrant Art= icle on the assumption that the building was being given for the use by the local post. He wouldn’t appro= ve anything other than that. He = said the question regarding the insurance could go both ways and questioned what assurance the Town had that the VFW wouldn’t ‘pocket’ the money. Commander Mooskian sai= d when the Warrant Article was written the VFW tried to do it keeping with the National Organization By-Laws. He said the warrant article could be read either way, local or national, but conced= ed that that the building could be deeded to the John H. Hargreaves Memorial Post. He discussed the insura= nce with the Town being a co-insurer and didn’t see how the money would c= ome back to rebuilding the building, if something were to happen to it. Mr. Gaydos said the Town being lis= ted as co-insured did two things: 1) limited any liability the Town may have for a= ny activity that occurred; and 2) provided notification by the insurance compa= ny should policy be cancelled or lapsed. Mr. Lynde believed the VFW, being a private organization, was bound (just as any other organization) by the Town’s zoning laws. Commander Mooskian disagreed and s= aid he didn’t feel that the Selectmen had any right to impose the restrictio= ns on the VFW to go before the Zoning and Planning Boards. He said the voters voted to transf= er the deed.

Mr. Gaydos reminded the Board that the Town Meeting= 217;s vote was only advisory. The function of Town Meeting is not to dispose of assets of the community. The Selectmen are in charge with t= he keeping of Town assets.

Mr. Gleason thought that the voters wanted the VFW to = have the building, but expected that the transition would be done in compliance = with Town regulations. He felt as = an elected official he had a moral responsibility to protect the assets. He said if the VFW abandoned the building, the Town didn’t want to acquire a building after it was in disrepair. He discussed the insurance policy and said he viewed it as a way for the Town to protect a potential asset if the VFW walked away from it. Mr. Gleason said the variance from= the Board of Adjustment was an attempt to protect the VFW. He didn’t understand the reluctance by the VFW to accept the deed and felt the Town had acted in good faith.

Mr. Bergeron didn’t feel the Selectmen gave restrictions. He recalled discussions with the VFW regarding the ‘change-of-use’ that required meeting with certain land-use boards; the Selectmen have no right = being part of the boards. He believ= ed up until now, the Town had been paying for the expenses of the building.

Mr. Domenico said by having something on the warrant t= hat stated a building would revert back to the Town placed responsibility on the Selectmen to ensure in the event it happened that it come back in an accept= able condition. He said because th= ere was a possibility that the building would come back the Selectmen had an obligation to safeguard and protect the building. He said there was a fine line betw= een what reasonable/regular use was and was not.

Mr. Hennessey discussed the insurance policy and wante= d to be clear who the beneficiary was. He felt the requirements being placed in the deed made the VFW tenan= ts, not property owners.

Mr. Danevich asked for a summary of what the VFW was requesting, other than objecting to the deed. Commander Mooskian said they were objecting to the language of the deed beginning with the reversion of the building to the Town in the event the building was not regularly used by the local post in a three month period. Mr. Hennessey pointed out (with the variance) because of the change = in non-conforming use, the variance would lapse in one year if the building was not used. Commander Mooskian = said they didn’t feel that the zoning restrictions should be included in t= he deed since they were already on file with the Town. Mr. Danevich believed zoning restrictions went with property and it was typical for them to be recorded = as part of a deed. Mr. Hennessey= said it was unusual to see the restrictions included in a deed transfer, but agr= eed that the affect remained the same whether in the deed or not. Mr. Danevich asked if there was an objection to the restrictions remaining in the deed. Commander Mooskian had no objectio= n to the zoning conditions remaining in the deed.

Commander Mooskian then addressed the deed language in connection with the insurance. He said they were in favor of protecting the Town, but didn’t feel that = the Town should be entitled to half the policy in the event something happened = to the building. Mr. Gaydos said= the Town was only asking to be an additional named insured, not co-beneficiary = or owner. Mr. Hennessey said as = long as the Town was not being named a beneficiary, they had no objection to the Town being named for notification of insurability. Mr. Gaydos said the Town also want= ed to be an additional named insured so the policy defended the Town if there was= an ‘event’. He reite= rated that an additional named insured had no beneficiary aspect except if the additional named insured was a party to a lawsuit. Mr. Hennessey wanted it clear that= the VFW was the beneficiary who would then be responsible for rebuilding of the building.

Mr. Danevich said the only remaining issue was the three-month restriction. Mr. Gleason read aloud a portion of the Warrant Article (2004 Town Meeting arti= cle #45). Mr. Hennessey clarified= that the term ‘dissolve’ referred to the return of the Charter to the National Organization. Comman= der Mooskian said he would accept a term of one year. There was a brief discussion regar= ding how the Town would know if the VFW disbanded. Commander Mooskian objected to the language that states the building would automatically revert to the Town if= the insurance policy lapsed. Mr. Danevich asked that Commander Mooskian submit, in writing, the objection to= the language. Mr. Gleason asked if Commander Mooskian intended on further discussions with the National VFW. Commander Mooskian believed that t= he deed was a mutual agreement and felt there should be discussions prior to t= he final draft being presented. = Mr. Danevich said the Selectmen had discussed the deed publicly no less than th= ree times. Commander Mooskian dis= cussed the language of the warrant article that included two restrictions to prote= ct the Town. Mr. Danevich questi= oned who drafted the warrant article. Commander Mooskian said the warrant article was drafted by the VFW members. Mr. Danevich noted t= here was no input by the Town. Com= mander Mooskian said the VFW came before the Selectmen and asked if they would be acceptable to placing a warrant article, and the Selectmen at the time declined.

Mr. Danevich questioned how the Selectmen wanted to pr= oceed with the one remaining issue. There was a brief discussion and Mr. Gaydos was asked to coordinate a meeting date with the VFW. Mr. Danevich reiterated the request that Commander Mooskian submit in writing the one remaining objection to the deed.

It was agreed that Selectmen Danevich and Gleason, alo= ng with Tom Gaydos would meet with Mr. Mooskian early next week toward reaching agreement.

APPOINTMEN= TS

Police Off= icer Awards from Police Standards and Training Captain Roark, Patrolman Eugene Stahl, and Pelham Police Depa= rtment

Police Chief Evan Haglund announced that the Pelham Po= lice Department, Captain Joseph Roark and Eugene Stahl were recipients of New Hampshire Police Standards and Training Counsel’s Excellence Awards.<= span style=3D'mso-spacerun:yes'> He announced that Detective T.J. O’Donnell, who attended the World Police and Fire Games in Quebec, Canada for Freestyle Wrestling received the gold medal.

Appointmen= t of Police Chaplin – Father Robert Guillemette

Police Chief Evan Haglund announced that Father Robert Guillemette was the new Police Chaplin.&nb= sp;

Resignatio= n of Master Patrolman Kenneth Owen

A letter was received by Police Chief Evan Haglund inf= orming of the resignation of Master Patrolman Kenneth Owen, effective June 30, 2005.<= span style=3D'mso-spacerun:yes'> He wrote that Officer Owen and K-9= Duke were both assets to the Pelham Police Department. Officer Owen requested to remain in= a part-time capacity. K-9 Duke = has been diagnosed with a pancreatic disease resulting in a shortened life span; Officer Owen, in return of the department turning ownership of Duke to him,= has agreed to accept all costs associated with the care, feeding, and upkeep of Duke; the department will remain the necessary department for certifications and associated costs. Because= of the disease, Duke will be limited to duties as a drug narcotic canine only.

A letter was received by Master Patrolman Kenneth Owen= which thanked the Town and the Police Department for furthering his career.

MOTION:<= o:p>

(Domenico/Lynde) To accept, with regret, the resigna= tion of Master Patrolman Kenneth Owen as well as transfer ownership of K-9 Duk= e to Officer Owen, effective June 30, 2005.&n= bsp;

VOTE:

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

Grant for = OHRV Wheeled Vehicle Enforcement

Police Chief Evan Haglund said they were proud to have= been notified that the state had sent notification of a grant award of $6300 for= the fiscal year of June, 2005 through June, 2006. The grant will be utilized for OHRV enforcement (no cost to taxpayer) and offsets all salaries/maintenance cost= s; any fines will also offset maintenance costs. Chief Haglund requested authorizat= ion from the Selectmen to accept the grant.&nb= sp;

MOTION:<= o:p>

(Lynde/Bergeron) To accept the $6300 OHRV state grant.

VOTE:

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

Police Chi= ef Evan Haglund – Update on Police Budget & Impacts

Police Chief Evan Haglund discussed the challenges/imp= acts that the default budget had presented to the Police Department. He discussed the current situation= with the cruisers compared to the past and the affects on the department without replacement vehicles. Captain Joseph Roark explained the hiring process and quality of candidates. He said motivations for officers w= ere feelings of accomplishment and the ability to move forward and achieve. He reviewed some of the department statistics. Chief Haglund dis= cussed the certification/hiring process of officers; an officer doesn’t begi= n to be ‘seasoned’ until after two-three years.

Mr. Lynde recognized the work done by the Police Depar= tment and wanted them to know it was appreciated. He asked if there were any restric= tions in going after the four people the Police Department was currently short. Chief Haglund answered no. He believed the Selectmen were very supportive; based upon the current budgetary figures they could come ‘= ;in line’ with anticipated monies, barring any unforeseen incidents/injur= ies they should be able to start putting officers on in the first week of Augus= t, 2005. Captain Roark discussed= the current staffing/scheduling situation.

The Chief and Captain were thanked for providing infor= mation to the Selectmen/public.

Public Hea= ring – Denial of Gendron Junkyard Permit Application

Mr. Bergeron recused himself.

Mr. Danevich said at the previous meeting, motion was = made and seconded to formally schedule a denial public hearing as required by the Town Ordinance. Mr. Gaydos cl= arified that a public hearing was not only a Town Ordinance, but also a state statute.

Mr. Fred Gendron, 13 Hobbs Road, requested a 30-day continuance bec= ause some of the information he needed was not available to him at the moment. He said he would have an attorney represent him and present information.&nbs= p; Mr. Danevich questioned what would change if the Selectmen considere= d an extension of the application. Mr. Gendron said the Selectmen had brought up questions that became somewhat le= gal; the abutters had concerns; he felt he could not adequately address them, so= he wanted someone to do it for him. He reiterated his request for a 30-day extension.

Mr. Danevich said the applicant had the legal right to request an extension, and it was up to the Selectmen if it would be granted. There was a brief discussion regarding the request. Mr. Lynde didn’t have a problem with a 30-day delay. Mr. Domenico clarified that the Selectmen were considering a continuance of the public hearing to deny. He was amenable to granting a 28-d= ay extension to the Selectmen’s August 2, 2005 meeting. Mr. Gleason was not in favor of extending the hearing. He felt there was adequate opportunity to introduce an attorney. He felt it was a continuation of t= he circumvention of the law. Mr. Danevich felt there was an obligation of the Selectmen to allow Mr. Gendron= to represent the application. Ho= wever, he didn’t see anything that could change in the next 30-days that wou= ld change years of neglect behavior. He noted that Mr. Gendron was not operating with a permit, but rather with a consent decree with the state. He felt obligated to vote in favor of the extension to the August 2, 2005 m= eeting.

MOTION:<= o:p>

(Lynde/Domenico) To grant the request for a twenty-e= ight day extension to August 2, 2005 and reconvene the public hearing on the motion to deny. =

ROLL CALL V= OTE:

Mr. Domenico-Yes; Mr. Ly= nde-Yes; Mr. Gleason-No; Mr. Danevich-Yes

The public hearing to deny was continued to the August 2, 2005 S= electmen meeting.

Mr. Bergeron returned to the Board.

Public Hea= ring Continuation – Discretionary Easement Law and Luce Historic Barn Ease= ment Application

Mr. Danevich said at a previous meeting the Selectmen = had addressed the initial request regarding the process and procedure they would use to determine easement with respect to the Historic Barn Easement application process. A form h= as been drafted to help provide consistency.&= nbsp; Mr. Danevich said there were still some open issues that had not yet been addressed. The discussio= n was continued to the July 19, 2005 meeting.

OTHER BUSI= NESS

VFW Deed t= o Old Town Hall

See above (under Open Forum) for discussion. Mr. Gaydos reviewed his notes and believed the issues regarding the insurance and zoning restrictions were resolved; the only remaining question was the reversion of the building to = the Town and how to define the length of time that the property was not used. He will also organize a meeting wi= th the VFW leadership and Mr. Danevich and Mr. Gleason.

Special To= wn Meeting Content

Mr. Gaydos informed that the Budget Committee would po= st their public hearing on July 6, 2005 to be held July 14, 2005. He said= the packages circulated to the Selectmen would be circulated to the Budget Committee for review. The thr= ee topics are: 1) revaluation of Town property - $450,000; 2) changes in fuel pricing - $47,500; and 3) Highway truck purchase - $94,000. Mr. Gleason said there was a meeti= ng with Mr. Gaydos, Mr. Domenico and Mr. John Lavalle and Mr. Dennis Viger of = the Budget Committee who appeared to be cooperative in terms of reviewing the d= ata and understanding the dilemma.

Hiring for= Pelham Veterans Memorial Park<= /o:p>

Mr. Danevich read aloud the list of seasonal employees= that Park & Recreation Director Darren McCarthy wanted the Selectmen to cons= ider hiring for the summer.

MOTION:<= o:p>

(Bergeron/Gleason) To hire the thirty-three seasonal employees as recommended by Park & Recreation Darren McCarthy.

VOTE:

(4-0-1) The motion carri= ed. Mr. Lynde abstained because his = son was one of the recommended employees.&nb= sp;

Planning D= irector Update

Mr. Gaydos informed twelve applications had been recei= ved for the Planning Director position. The qualities of the applications were good. Mr. Gaydos wanted to keep in the s= ame practice of the hiring process and requested that the Selectmen review the applications and prioritize such; at which point a decision would be made a= s to who would be formally interviewed. The Selectmen were asked to review applications as soon as possible = so interviews could be set up beginning July 9, 2005. Mr. Lynde asked if land-use board members would be included in the interview process. Mr. Gaydos answered yes, once the candidates were narrowed down.

Adelphia /= Comcast

Mr. Danevich said the Selectmen had been provided with= the meeting minutes from the Cable TV Consortium Group in connection with the Comcast purchase of Adelphia.

Mr. Gaydos reviewed Form 394 and said the Selectmen ha= d to make a decision quickly on how to proceed.= He read aloud a portion of the form. He questioned what would be gained= by spending additional monies on a document that had previously been reviewed = by legal counsel and would not be changing.&n= bsp; Given the default budget, Mr. Gaydos would rather spend $1200 on the cable department rather than on an attorney. Mr. Danevich confirmed that the To= wn would not join the consortium without the consent of the Board. Mr. Gaydos said there would be a m= eeting to find out the objectives.

Mr. Bergeron had some concerns regarding the document.= He asked if there was someone from Comcast that was willing to meet with the Board. Mr. Gaydos said he was contacted by Comcast and indicated that he would like to set up a meeting with Mr. Green= wood and the Comcast representative. He said a decision would need to be made regarding the Annex and if the PTV operation would be moved. Mr. Bergeron said different towns had different needs and it would be good to h= ave a meeting with Comcast and Mr. Greenwood to discuss.

Mr. Gleason said he had read both Form 394 and the Consortium agreement and felt it was incumbent on the cable committee to identify if there were any deficiencies.&n= bsp; He said if there weren’t any conditions he saw no obstacle to having the franchise transferred directly in. He was not in favor of the consortium.

Mr. Lynde agreed.&nbs= p; He said the Selectmen should find out if there were any concerns in = the Town and then see how to address them.&nbs= p; He felt it was advisable for Comcast to come to a Selectmen meeting = to address the public.

TOWN ADMIN= ISTRATOR’S REPORT/SELECTMEN’S REPORTS

Mr. Gaydos had no report.

Mr. Domenico said the work on the CIP was continuing a= nd was hopeful that the document would be able to be presented to the Planning Boa= rd for ratification and acceptance.

Mr. Bergeron said that the Nashua Regional Planning Commission had a regional town meeting last Wednesday. One report was the New Hampshire changing landscape; the = report could be found on www.forestsocie= ty.org. He said a presentation had also be= en given on the NPRC regional wide build-out impact analysis, which could be viewed on NRPC’s website. He said NRPC would hold their second economic forum on July 19, 2005 all Town boards and Selectmen were invited to attend. Mr. Bergeron ended by informing he attended the SENHHMMAD (hazmat district board of directors meeting) regardi= ng the by-law changes, operating budget 2006 and election of officers; he will provide the meeting minutes for Selectmen review.

Mr. Lynde said the Fire Station Building Committee had= been meeting to try to come to a consensus as to the contents of what would be proposed for a central and sub station.&nb= sp; He said the goal was to have a proposed building plan that would meet the long-term needs of the Town.

Mr. Gleason said there would be a meeting with the Bud= get Committee tomorrow evening to provide them with the budget package; there w= ould be a public hearing on July 14, 2005. He felt= the Selectmen should be prepared to inform the voters of the consequences of a = no vote at the Special Town Meeting.

Mr. Danevich indicated that Mr. Lynde would attend the Planning Board meeting Thursday in his place. He said if there was no objection = he wanted to add the payroll and manifest review on the agenda under the minut= es review to get the information into the public forum. There was no objection. He said the next formal public mee= ting was scheduled for July 19, 2005. He said the Selectmen would meet July 12, 2005 non-publicly to review Planning Director applications.= He discussed other items that woul= d be contained on upcoming agendas.

ADJOURNMEN= T

MOTION:<= o:p>

(Lynde/Gleason) To adjourn the meeting.

VOTE:

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

The meeting was adjourned at approximately 8:55 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