SEL20080408

APPROVED

TOWN OF PELHAM

BOARD OF SE= LECTMEN MEETING

MINUTES

April 8, 2008<= /st1:date>

APPROVED – April 22, 2008

CALL = TO ORDER

PLEDG= E OF ALLEGIANCE

PRESENT:

Mr. Victor Danevich, Mr= . Harold Lynde, Mr. William McDevitt, Mr. Robert Haverty,

Mr. Douglas Viger, Town= Administrator Tom Gaydos

Also present:

ABSENT:

Members of the press and general public.

None

MINUTES REVIEW<= /p>

March 25, 2008=

MOTION:<= o:p>

(McDevitt/Lynde) To approve the March 25, 2008 meeting minutes as written.

=

VOTE:

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

OPEN FORUM

Ms. Cara Fullerton and Ms. Caroline Letendre came forward to provide information regarding Destination Imagination. Ms. Fullerton sa= id a Pelham Elementary team had won at states and was currently fundraising to g= o to Knoxville, TN for the global tournament. All donations are being made throu= gh the Pelham Elementary School. Checks should be made payable to: = Pelham Elementary School – Destination Imagination.

APPOINTMENTS

Article K Waiver Application ̵= 1; Norman & Ruth = Paquette - 14 Thomas Avenue /= Map 34, Lot 6-230

The Selectmen then conven= ed as the Pelham Board of Health with Deputy Health Officer Paul Zarnowski as Chairman. He reviewed the wai= ver request to Article K. Waivers= were requested to Section 295:16 for: 1) setback of the septic tank to poorly drained soils where 50ft. is required = and 35ft. is provided; 2) setback of the septic tank to very poorly drained soi= ls where – this waiver was not needed; 3) septic system field to poorly drained soils where 75ft. required and 36ft provided; 4) septic system fiel= d to very poorly drained soils where 100ft. required and 60ft. is provided.

Mr. Joseph Maynard of Ben= chmark Engineering, representing the applicants, discussed the reasons for the wai= ver requests. He explained that t= he applicant had owned the property since 1965, prior to any septic system regulations being required. H= e said the property was surrounded by wetland or flood plain soils. He said the applicant didn’t= have any issues with the existing septic system, but through the process of sell= ing the home, the home inspector failed the system. Because of the time of year and th= e high water table, the field was in the water table. Mr. Maynard said they conducted a = survey and given the Town’s requirements, there wasn’t any land available to put a new system. The proposed location would be cen= tered between the two wetlands; the field itself would meet the Town’s requirement for the height above the water table. Mr. Maynard said the wetlands would create a wall so the nitrates wouldn’t go past the property lines of = the property.

Mr. Zarnowski said the pr= oposed location was the only place on the lot that would support any type of treat= ment for a septic system. He said = the sandy soils should provide adequate treatment of the effluent. He noted that the existing system = would be abandoned and the pump would be filled, crushed or removed depending on = the contractor. He recommended not disturbing the existing field because of the possible damage to the wetlands.

Mr. Haverty asked if the = current system was in failure or if improvements were being made to the existing system. Mr. Maynard said when= the inspector dug up the old field, they found it to be saturated and flooded.<= span style=3D'mso-spacerun:yes'>

Mr. Lynde asked if there = was an issue of the bed bottom. Mr. Zarnowski said the proposed system met all the required criteria. It would be raised from the existi= ng system level. The issue was t= he distances of the septic to wetland soils.&= nbsp;

MOTION:<= o:p>

(Lynde/McDevitt) To approve the waivers to Article K= , Section 295:16 relative to the septic tank being less than the required 50ft. to poorly and very poorly drained soils and the septic system being less than the required 75ft. to poorly drained soils and less than 100ft. to very poorly drained soils.

=

VOTE:

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

The B= oard of Health was adjourned. The Sel= ectmen reconvened.

Rezoning of Pat Gendron property, = Route 38 – Discussion and Possible Vote

Planning Director Jeff Go= wan said at the last meeting, the Selectmen considered updating the Town’s zon= ing map to reflect information he had uncovered about a 1962 zoning ballot ques= tion that had passed. As a result = of the meeting he received correspondence from a member of the public and a Select= man asking specific questions which caused Mr. Gowan to go back through the past forty-five years of Town Warrants. He discovered meeting results from zoning that seemed to be in line with the questions that were asked. He sent this informati= on to Town Counsel (John Ratigan) for opinion. Based on the new information, Attor= ney Ratigan reversed his former opinion that the 1962 zoning question was not repealed. In summary, the doc= ument sent to Attorney Ratigan was from 1973 where two Special Town Meeting ballot questions passed: 1) establishment of zoning districts; and 2) any zoning districts not described in the following zoning question would be considered residential. He said in Attor= ney Ratigan’s opinion that ballot question had the effect of repealing the 1962 vote. Mr. Gowan said wit= h this opinion from Attorney Ratigan, he withdrew his request to update the Town zoning map.

Mr. Lynde questioned why = the information wasn’t found during the initial review of documents. Mr. Gowan said there was a lot of information and during the first review he was looking for references to the specific parcel of land. He s= aid once he received the questions from a member of the public and a Selectman,= it caused him to focus on a different kind of search.

Mr. Viger said there was = no further action that the Selectmen needed to take because the parcel was lis= ted how it should be.

Discussion of Default Budget ̵= 1; Review of Budgets

Mr. Gaydos said a memo ha= d been received from Transfer Station Supervisor Bruce Mason, which suggested clos= ing the Transfer Station on Tuesdays following Monday Holidays. He said this was done a couple yea= rs ago as well because it would have a cost savings of approximately $1900.

MOTION:<= o:p>

(Lynde/McDevitt) To close the Transfer Station on the Tuesdays after Monday holidays – Tuesday – May 27, 2008 September 2, 2008 and October 14, 2008.

=

VOTE:

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

Mr. Gaydos said the Selec= tmen had been provided with an analysis from each department as to where they are and what they planned to do. He s= aid everyone was trying to cut back but still make sure services were provided. He said the hardest hit was the Hi= ghway Department because they were approximately $80,000 overspent due to the spr= ing snows and associated costs. H= ighway Road Agent Don Foss provided a list of projects that were intended to be do= ne this year. Mr. Gaydos asked t= he Selectmen to provide direction regarding which projects should be done. The Selectmen began to review the information submitted by the departments.&= nbsp;

Mr. McDevitt said the Sel= ectmen should discuss the impacts of having to work with the default budgets for t= he larger departments. Mr. Gaydo= s said the Fire Department had been specific regarding what they wouldn’t be able to do and what repairs should be done. He said each department was shuffl= ing as best they could. He said as t= he year went on the budgets would tighten up.= He said repairs on equipment would have to be made and basic levels = of services would have to be made.

There was a question if f= unds were set aside for mosquito control. Mr. Gaydos went to the Selectmen’s office to research. The Selectmen discussed the Highway Department’s budget. It= was agreed that brush cutting and line striping was an important safety item. Mr. Gaydos returned and informed t= hat a contract had not been signed with the mosquito control company; there was a line item in the Operating Budget so the $35,000 didn’t make it into = the budget because of the default. The Selectmen wanted to make a determination regarding the Highway Department.<= span style=3D'mso-spacerun:yes'> Mr. Gaydos explained that there we= re funds in the Highway Block Grant that could be used, but it would start next year with a depleted account. Mr. Lynde suggested having Mr. Foss meet with the Selectmen and discuss the imp= acts of not doing the projects he had listed.&n= bsp; Mr. Danevich suggested not doing one of the larger projects, such as= the Marsh Road overlay, and using a portion of the Highway Block Grant to complete all the other maintenance items and retaining a larger amount for next year. He said the maintenance items appe= ared to all be safety items. Mr. McDevitt and Mr. Haverty agreed that the items on the list were safety items that should be done. Mr. Gayd= os said Mr. Foss provided the Selectmen with the list and would do whatever th= e Selectmen directed him to do.

MOTION:<= o:p>

(Danevich/McDevitt)= The only concession that the Selectmen would accept is deferring t= he Marsh Road overlay in lieu of completing the other items.

=

VOTE:

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

Mr. Gaydos said if Mr. Fo= ss had any comments, he would forward them to the Selectmen. Mr. Danevich said at present, the = Town was in maintenance mode with the default budget. Mr. Lynde said the impacts should = be understood. Mr. Viger said he wanted people to realize the impacts.

The Selectmen went back to discussing the Health Officer. Mr. Gaydos said the number should be $39,250 in the recommended budget. Mr. McDevitt said the casualty of = it being left would be the mosquito control.&= nbsp; Mr. Gaydos explained the three phases of mosquito control. Mr. Lynde said there was nothing detected last year, but the Town still sprayed. Mr. Gaydos said the company offere= d to spray (free of charge) because some of the surrounding towns were having problems. Mr. McDevitt asked = what was in the budget for mosquito control.&nb= sp; Mr. Gaydos said the tablets for the water, testing and if needed spraying. He said the down si= de of doing nothing was if something was detected later, the Town would have to go into an extensive adulticide spraying in crisis mode. Mr. Lynde noted that last year the larvicide seemed to be the cost effective way of doing significant control. He felt the same thi= ng should be done this year, and hold off any further decision. Mr. Gaydos said it was a package deal. There were only two com= panies that did the work. Mr. Lynde suggested getting three numbers from one company that broke out the costs f= or the different steps. Mr. Have= rty said this was a safety item that was an important preventative measure to do for the residents and the children. He didn’t feel the process should be done all the way, not half way. Mr. McDevitt noted that = other departments might have to sacrifice so that safety items could be addressed. Mr. Danevich agree= d that the program should be fully funded. The Selectmen discussed how the mosquito control would be funded. Mr. Gaydos directed the Selectmen = to review his recommendation memo. He outlined the budget and the change in accounting in connection with insurance. He noted that the Operating Budget was not changed for the Highway Department; a project was = cut out and the money was diverted.

The Selectmen continued t= he review of the budgets and their status.&nb= sp; Mr. Viger asked Mr. Gaydos to send Mr. Foss the intentions with the budget. He said everything el= se was accounted for.

OTHER BUSINESS<= /p>

2008 Board of Selectmen List<= /o:p>

Recre= ation Advisory Board– deleted

Forestry Committee –= ; Mr. Lynde

Planning Board – Mr. Haverty

Budget Committee – = Mr. Viger

Capital Improvements Plan= – Mr. Viger

Counsel on Aging – = Mr. Danevich

Merrimack Valley Water Di= strict – Mr. Gaydos

NRPC Commissioner– = Mr. McDevitt

Pelham Citizens Counsel &= #8211; Mr. McDevitt

Hazmat Director– Mr. Haverty

Community Technical Assis= tance Program – deleted

Context Sensitive Solution – Mr. Haverty and Mr. Lynde

Sherburne Hall – Mr. McDevitt

Greater Salem Chamber of Commerce – Mr. G= aydos (until someone else steps forward)

Library – Mr. McDev= itt

Context Sensitive Solution (‘= ;CSS’) Discussion=

Plann= ing Director Jeff Gowan was present for the discussion.

Mr. Haverty said the Sele= ctmen should ‘keep their eye on the ball’ and get back to the Departm= ent of Transportation (‘DOT’) who was waiting to conduct a public meeting. He believed the deci= sion facing the Selectmen was either Option A or B. He felt the fire station discussion should be separated from the discussion about which option works. He said the CSS working group made= a recommendation for Option A and the Selectmen should either say they will go with their recommendation, or go with the other recommendation. He said based on the recommendatio= n the Selectmen could then decide what to do with the fire department.

Mr. Gowan said the CSS wo= rking group reached a consensus that the next public hearing that was scheduled f= or Mary, 2008 had been postponed until next year based on the recent Town vote. He said the next working meeting was scheduled for June 19, 2008 at 6pm<= /st1:time>. He said the DOT had taken a step b= ack and placed the project on hold pending a position from the Selectmen of what would be on the next ballot. = Mr. Haverty wanted to make sure that the CSS working group was not morphing int= o a fire station committee. He sa= id if Option A was chosen then the Selectmen had a second decision to make and a commitment to present a capital project on the 2009 warrant. He believed the question in front = of the Selectmen was to chose either Option A or B because that’s what the s= tate was waiting for.

Mr. Lynde said with eithe= r option a lot of money would be needed for next year’s Town Meeting for a cap= ital project. He compared the two options and how service would be affected.=

There was further discuss= ion regarding the status of the fire station, the Town center project and the concern of adversely affecting the Town’s ability to receive grants i= n the future if the Town didn’t move forward. At this point, Mr. Danevich, Mr. Haverty, Mr. Lynde and Mr. Viger would support Option A. Mr. McDevitt said he could not sup= port Option A because the voters turned down the fire station and all capital projects. He said he wouldn’t vote yes because he felt it was tightly tied into the fire station. Mr. Gaydos believed the reason why= they came up with Option A was because they felt it was the most economically feasible solution. Mr. Lynde = felt the Selectmen had the responsibility to preserve the grant (of $4 million) = for a traffic solution. He said unfortunately that meant the Selectmen had to do something different than t= he voters seemed to say. He felt= they should review the costs for a temporary structure and look at the possibili= ty of attaching a fire station to the Municipal Building adjacent t= o the six empty classrooms. He said different options should be reviewed so the Town could take advantage of the grant. He wanted data to bett= er understand the impact and suggested possibly sending out a survey to reside= nts for their input. Mr. Viger fe= lt the Selectmen should pick a direction to move forward. Mr. Haverty said the center of Tow= n was an unsafe situation and understood that the voters said the fire station was too expensive. He felt rather= than sending out a survey, the Selectmen would be better served by choosing a direction, Option A or B and then creating a solution for what needed to be done to the fire station.

Mr. Lynde made a motion t= o proceed with Option A and to also gather cost estimates for other alternatives. Mr. McDevitt seconded the motion.<= span style=3D'mso-spacerun:yes'> Mr. Danevich discussed the difficu= lties of relocating the communications wire.&nbs= p; He said there would still be costs associated with any ‘quick’ fix. Mr. = Gaydos questioned if a survey asking why people voted down the station may be appropriate. Mr. Lynde believ= ed it was obvious that the voters didn’t want to spend money. He said the impacts of the traffic= and the need to do something with the fire station needs to be more fully explo= red.

Mr. V= iger asked the Selectmen to vote on the motion.

MOTION:<= o:p>

(Lynde/McDevitt) To proceed with Option A and gather= cost estimates of any alternatives for addressing the fire station.

=

VOTE:

(3-2-0) The motion carried. Mr. McDevitt and Mr. Danevich vo= ted no.

Mr. Gaydos discussed obta= ining estimates without spending money. There was discussion regarding obtaining estimates and the problems = that could arise from free estimates.

Charter Commission Warrant Article=

Mr. McDevitt read aloud a= memo he drafted remarking on the need to change Pelham’s government. (see Attachment). In summary, the problems with the current government are: 1) system is dismally slow to res= pond to changing conditions – budgets are prepared eight months in advance= ; 2) no long term planning; 3) Selectmen don’t have the legal authority to pass ordinances; 4) ‘deliberative session’ is a problem waiting= to happen because a small organized group (in attendance) could make amendments that the larger group of voters (not in attendance) could do nothing about;= 5) several boards of Selectmen have delegated powers to the Town Administrator= to help the town administration run more smoothly; 6) Selectmen have to second guess the voters when they turn requests down that the Selectmen and Budget Committee agreed was needed. = Mr. McDevitt encouraged the Board to look at the possibility to ask voters in 2= 009 to form a charter commission whose job (under state law) would be to make recommendations on how the Town’s form of government might be changed= to resolve the problems. The fin= al conclusion would be sent to the voters for their approval.

Mr. L= ynde noted that at best, implementation would be two to three years away.

Mr. Viger suggested addin= g a placeholder for a warrant article on the Selectmen’s priority list. Mr. Gaydos said there should be so= me sort of framework put in place in the event it was approved at the next Town Meeting. Mr. McDevitt said he= would work with Mr. Gaydos to clearly spell out the framework that was contained = in the state statutes.

Board of Selectmen Priorities=

Mr. Viger asked if there = were any items contained on the list that the Selectmen would like removed, discusse= d or added. He asked if further discussion was needed regarding the Route 38 water project. Mr. Gaydos said he had some discus= sions with various people (including the Town of Dracut). He believed the next step would be to decide what form of government= the water system would use. He al= so felt they needed to resolve questions with Pennichuck. He said to keep the item an ‘A’ priority, he suggested establishing a budget to review opti= ons; the budget would be approximately $10,000 for the year. He said there was some money in th= e FEMA account and asked the Selectmen if they felt it was applicable.

Mr. Danevich made a motio= n to defer the item to ‘C’ and wait until next year. Mr. Lynde seconded the motion. Mr. Haverty disagreed. He felt that it was important to economic development and providing alternate means to spread the tax burden. Mr. Danevich said he supported the project, but working with a default budget, he was suggesting deferring it.

Mr. McDevitt asked if the= FEMA money was available to fund estimates for alternatives for the fire station. Mr. Gaydos answered yes. He said it was a grant f= or the Town and could be used for any purpose the Town wanted.

MOTION:<= o:p>

(Danevich/Lynde) To move the water district down to a ‘C’ priority.

=

VOTE:

(4-1-0) The motion carried. Mr. Haverty voted no.

The Selectmen continued t= heir discussion regarding the priority list.&nb= sp; At the direction of the Selectmen, Mr. Gaydos will schedule time dur= ing an upcoming meeting for Transfer Station Superintendent Bruce Mason to disc= uss the ‘Pay as You Throw’ program. Mr. Danevich said the voters turne= d down the fields at Raymond Park and unless funds could be raised to match the gr= ant by June, the money would be lost. Mr. Lynde said he hoped to come to the Selectmen by the next meeting= with a proposal, not asking for any Town money, to build the two fields.

The Selectmen discussed communication and moved it up on the priority list. The Selectmen will add a periodic = review of all exemptions.

Mr. D= anevich said he would update the priority list and circulate to the Selectmen for review.

Receipt of Junkyard Applications

Mr. Gaydos said there wer= e three auto salvage yards in Town. A= ll three had submitted their applications and had the first round of inspections. The inspectors w= ould not conduct follow ups.

FEMA Funds for Culvert Replacement=

Mr. Gaydos said Highway R= oad Agent Don Foss was embarking on correcting four culverts that were identifi= ed as needing upgrades. He said = FEMA would pay mitigation funds to fix them.&nb= sp; He said he had invoices totaling $10,800 of which 75% would be refun= ded to the Town. He asked permiss= ion to pay the invoices (for engineering) out of the FEMA account.

MOTION:<= o:p>

(McDevitt/Danevich) To pay the engineering invoices = from the FEMA account (75% of which would be refunded back).

=

VOTE:

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

TOWN ADMINISTRATOR’S /= SELECTMEN REPORTS

Mr. Gaydos had no report= .

Mr. Danevich said there were expiring terms on some of= the boards requiring appointments. Mr. Gaydos was asked to post a list of available appointments on PTV. Mr. Danevich said there appeared t= o be a conflict of interest with two the Town’s Trustees based on a 1982 Ord= inance that states a trustee cannot be a full-time employee of the Town. He said there had been some state = law changes about elected officials and positions that superceded what the Town could define and control for an elected official. He said he wanted to discuss it and because of the direct conflict something would need to be put on the ballot= for next year. Mr. Gaydos said the particular section could be reviewed and whatever didn’t mirror state= law should be changed.

Mr. Haverty provided the Selectmen with an update of the recent Planning Board meeting.

Mr. McDevitt, Mr. Lynde = and Mr. Viger had no report.

ADJOURNMENT

MOTION:<= o:p>

(Lynde/Haverty) To adjourn the meeting.

=

VOTE:

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

The meeting was adjourne= d at approximately 9:40 pm.

   &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;    Respectfully submitted,

   &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;    Charity A. L. Willis

   &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;    Recording Secretary