SEL20080701

APPROVED

TOWN OF PELHAM

BOARD OF SE= LECTMEN MEETING

MINUTES

July 1, 2008

APPROVED – July 15, 2008

CALL TO ORDER

PLEDGE OF ALLEGIANCE

PRESENT:

Mr. Douglas Viger, Mr. = Harold Lynde (arrived after the meeting commenced), Mr. Victor Danevich, Mr. Wil= liam McDevitt, Town Administrator Tom Gaydos

Also present:

ABSENT:

Members of the press and general public.

Mr. Robert Haverty

MINUTES REVIEW

June 17, 2008

MOTION:<= o:p>

(Danevich/McDevitt) To approve the June 17, 2008 meeting min= utes as amended.

VOTE:

(3-0-0) The motion carri= ed.

OPEN FORUM

Mr. Nicolas John Jarek, <= st1:Street w:st=3D"on">378 Mammoth Road said he had been summonsed multiple times for selling one vehicle in front = of his house and other violations. He said he met all the requirements and not sold one vehicle in front of the house. He said he had a dealer’s license for his house and signed that he could not advertise= a vehicle for sale in front of his house.&nb= sp; He felt he was being singled out and noted there were multiple businesses being run in Town. He said that he sent certified letters and nothing had been done about everyth= ing else. Mr. Jarek said he would= like to go in front another board and get a license to sell vehicles in front of= his house. He said he had done so during the thirteen years he resided in Town. He also informed that there had be= en a complaint about him having an illegal apartment, which was there when he purchased the house and took care of in front of a board. He questioned why nothing had been= done about the other things he brought up with the Town. Mr. Jarek said he felt like he had= been singled out, even though he had not received a single complaint. He discussed the other businesses = in the area and further explained his opinion why he felt he was being singled out. He said with the raising= cost of living, he was trying to support his family.

Mr. Viger asked Mr. Gaydo= s if there was something the Selectmen could do to review the case and if a final decision had been made. He sa= id it sounded like there were issues that should be addressed. Mr. Jarek continued to describe his situation to the Selectmen. <= /p>

Mr. Lynde arrived.

Mr. Danevich said the Boa= rd of Selectmen was charged with enforcing the Town Ordinances. He said the Town (not the Selectme= n) had said they didn’t want that type of activity at a residential location. He said the excepti= on process was at the Board of Adjustment.&nb= sp; He said there were approximately thirty active cases and didn’t feel they were singling anyone out. He said those cases were held confidentially. Mr. Jarek said he knew the other p= eople and they had not received a code enforcement letter. Mr. Danevich said the relief mecha= nism would be to go to the Board of Adjustment.= Mr. Jarek said there was a person on the Board of Adjustment that didn’t like him. Mr. Ga= ydos believed that Mr. Jarek could make an appointment to meet with the Board of Adjustment and speak to them. Mr. Jarek said there was a person on the Board of Adjustment that didn’t approve of him so he felt like he had no other avenues. Mr. Gaydos reiterated his belief th= at if Mr. Jarek appeared before the Board of Adjustment, they would speak with him. He felt he should talk w= ith them how to go about selling a car on his property. Mr. Jarek said he sat with them in= the past and they told him no. Mr. Danevich said if they say no, it was the Selectmen’s job to enforce it. Mr. Gaydos said that woul= d be his recommendation and he would be willing to work with Mr. Jarek to do so. Mr. Danevich reiterated t= hat it was the Selectmen’s job to reinforce the decision of the Board of Adjustment. Mr. Jarek said he= sent letters to the Board of Adjustment and they were thrown out.

Mr. Danevich suggested th= at Mr. Jarek file a variance and go back before the Board. He asked Planning Director Jeff Go= wan (who was seated in the audience) if there was a case number for when Mr. Ja= rek was rejected. Mr. Gowan said = the only application Mr. Jarek made to the Board of Adjustment was for a varian= ce relief on an apartment issue. Mr. Danevich said the residents (Legislative Body) said they didn’t endor= se what Mr. Jarek was doing. Mr.= Jarek said he didn’t meet the requirements in the residential zone. Mr. Danevich said Mr. Jarek should follow state statute and seek legal counsel.

Mr. Viger said it sounded= like Mr. Jarek went for a variance for an in-law apartment, but there was no rec= ord of a variance for the small business. Mr. Jarek said he had a license.&nb= sp; Mr. Danevich said the license had nothing to do with it. Mr. Viger reiterated that Mr. Jare= k should file an application for a variance for his business.

Mr. Jarek discussed a bus= iness in Town that he had made multiple complaints about. He said nothing had been done abou= t it. Mr. Viger addressed Mr. Jarek̵= 7;s business and told him for whatever reason it was brought to someone’s attention and he was told to stop. He the way for Mr. Jarek to get going again was to apply for a varia= nce. There was continued discussion reg= arding Mr. Jarek and his position. M= r. Gaydos said Mr. Jarek should start by filling out an application with the B= oard of Adjustment. He said he wou= ld schedule it. He said he would contact Mr. Jarek and walk him through the process.

Mr. McDevitt said when he= came on to the Board (in November), Mr. Jarek had proposed a series of complaints to the Board. He said the Board = took action by asking two of its members to meet with Mr. Jarek and spend time reviewing each of the complaints. He said the two Selectmen and Mr. Jarek met (for months) with the Planning Director and the Code Enforcement Officer and it was brought to a conclusion after a thorough investigation.= He believed Mr. Jarek was sent a letter, outlining in great detail, = the response to the complaints. H= e said he brought it up to let people know that it wasn’t the first time the Selectmen had dealt with the issue, and that a considerable amount of hours= had been dedicated to such.

APPOINTMENTS

Transfer Station Operations Study Committee: Volunteer Interview= s:

Mr. McDevitt said the Sel= ectmen decided to put together a committee because they had a long discussion about what they should do. He said = it was clear that there would be more than a casual study and would be something deeper than the Board would have time to resolve itself. He said he made the suggestion to = ask people to step forward and help. &nbs= p; He believed the committee would make a recommendation to the Selectm= en regarding Pay as You Throw, trash pick up (if feasible with Pay as You Thro= w) and the issue of recycling. <= /p>

The candidates each came = forward to discuss their application with the Selectmen.

Mike Ausevich – said he was interested in recommendations= for keeping the Transfer Station open without additional fees or to start a tra= sh pick and recycling plan and gather information regarding such. He said he was prompted to come fo= rward after watching the Selectmen meeting on television. He said he would like to see more = people recycling.

Mr. Viger said Mr. Gaydos= had information that might be useful that was obtained at previous meetings. He also noted that Transfer Station Superintendent Bruce Mason would be a great resource as well.

Mr. McDevitt suggested gi= ving the committee a time frame to work within.&nbs= p; He believed having the recommendation presented by October would sti= ll allow time for the information to be given to the Budget Committee.

Mr. Lynde said there were= two motivating things: 1) increase recycling; and 2) come up with a system that reduces cost (to the Transfer Station and to the individual). In summary he said the Selectmen w= ere trying to find a way to reduce costs and reduce the burden on the taxpayer.

Mr. Ausevich currently us= es the Transfer Station.

The Selectmen thanked Mr. Ausevich for volunteering.

Richard Tarpey – said he volunteered for the committee to keep the Transfer Station in business, = but to possibly make it revenue generating to make it a tax relief for the Town. He outlined one of his = ideas for cost savings.

Mr. Tarpey currently uses= the Transfer Station.

The Selectmen discussed i= deas for the committee to review.

Brendan Decelles – was interested in helping the Town. He said he had watched meetings on= television and decided to get involved. =

Mr. McDevitt said that Mr= . Decelles lived across the street from him. He said Mr. Decelles came to him and said he had a purchasing backgr= ound and would like to help the Town in some way. He told him about the committee and encouraged him to apply.

Mr. Decelles discussed his background and told the Selectmen that their company had an initiative to do more recycling. He currently utilized trash pick up. He sa= id he had a lot of experience with negotiating and hoped to help out.

Ron Hannon – resided in Town for approximately seventeen years. He said he has a license for the Transfer Station, but also has trash pick up. He discussed his experience and ho= w he might be able to help out because he knew the facility could be run better. He informed that he h= ad been in the waste industry for a number of years and believed a package cou= ld be put together to make it a money making opportunity.

Maximum of one year

MOTION:<= o:p>

(Lynde/Danevich) To appoint Mike Ausevich, Richard T= arpey, Brendan Decellas and Ron Hannon to the Transfer Station Operation Study Committee with a term expiring April 1, 2009.

VOTE:

(3-0-0) The motion carri= ed.

If others are interested = in joining the committee volunteer applications are still being accepted.

Jeff Gowan, Planning Director

Planning Director Jeff Go= wan came forward with Mr. Mark Fougere (of Fougere Planning and Development), the gentleman contracted to work on the Fire Impact Fee and Recreation Impact F= ee schedules.

Recreation Impact Fee – Discussion – Mr. Fougere discussed his experience. He said he had wo= rked with the Town since last fall reviewing information to come up with the cos= ts for the programs and the shares. He said the cost for the fees came from two primary sources: 1) cost for the g= ym est. at $985,000; 2) cost for the Senior Center projected at= this time for $1.6 million. He exp= lained how they assigned the percentage of cost for the impact fee and how it woul= d be distributed between the two facilities.&nb= sp;

Mr. Danevich asked if the Planning Board had conducted public hearings yet. Mr. Gowan said the Planning Board = had conducted their hearings and approved the impact fee. He said it was only the Selectmen = that needed to take action.

Mr. McDevitt said he had = always voted yes for impact fees, but was uncertain about that at this time. He said on two occasions with the = fire station the voters turned it down, even though impact fees were being colle= cted to offset it. He said as time= goes on the Town may have to consider giving the impact fees back because of the timeframe when the fees started being collected. He said the capital expenditure for which they were collected didn’t have voter support. He pointed out that there was a ba= cklog of capital projects and was concerned about adding to it. He said in the case of the Senior Center, it currently existed and its deficiencies could easily be pointed out (i.e. bathroom facilities, space confinement) so he didn’t have too much discomfort having an impact fee. Mr. McDevitt said he had a greater discomfort with an impact fee for= a specific facility located in a specific place. He was concerned about the Town st= arting to collect money toward something that he was unsure would be supported by = the voters, given the capital backlog. He was unfamiliar about the details of the facility and why it was specified to be located at Veteran’s Park. He said he would love to have the g= ym, but had great concerns about the tax rate and serious doubts if the Town wo= uld actually build a facility like it in the next seven years given the present situation with the current school problems.

There was a discussion re= garding the process and the importance of having the items on the Capital Improveme= nt Plan. Mr. Gowan reminded the Selectmen that the investment of $10,000 was made to develop the impact fee schedule.

Mr. Lynde said impact fee= s have helped offset costs for other items. He said the Selectmen knew the need for capital projects and tried to get them approved. He believe= d that the gym building could be made self sufficient. He said it would be useful for the people using the facilities to put together a proposal for the Town to show= how it could pay for itself.

Mr. Danevich said a state= ment was made about the basketball program which made him turn from a strong support= er to thinking something was wrong that needed to be fixed. He said when research was done it = was found that the traveling leagues were displacing the Town’s programs.= He felt by eliminating the non-Town traveling functions, they could take care of the problem and save the milli= on dollars.

Mr. Lynde understood that= there was a problem finding sufficient practice time for the existing Park & Recreation programs. He wasn’t aware of travel teams getting a priority in any of the gyms. There was a brief discussion regar= ding the use of facilities by the Town programs and the traveling programs. Mr. Danevich said the voters said = no to a gym, but now the gym was appearing in the Recreation impact fee. He said that was going against the voters will. Mr. Gowan pointe= d out there that impact fees had been in place for items prior to the structures being approved (i.e. Elementary School, Fire Station). Mr. Danevich agreed with having an impact fee for Park & Recreation, but for two years voters had indicated they didn’t want it, but now it was contained in the impact fee. Mr. Fougere said if it was decided= that the gym wasn’t in the communities feature, it could be pulled out fro= m the impact fee. The impact fee co= uld go toward one facility. He noted that it was a fluid document and other features could be added at a later date.

Mr. Gowan noted that the = statute indicates that impact fees could not be collected for items that weren̵= 7;t defined in the statute. He sa= id the Senior Center was not mentioned, however = part of their expansion proposal was for recreation purposes. He said they had been asked to ide= ntify what portion of the expansion would be used for recreation. The guidance from CIP was to do a = Park & Recreation Impact Fee Study. <= /span>It was felt that it would be a good opportunity to capture some of the funds f= or the Senior Center because they had a recreati= on component. Mr. Fougere indica= ted that RSA 674:21 was very specific with what was allowed under and impact fee. He said the Senior Center had a significantly large portion of what they provide was recreation for t= he seniors.

Mr. Viger said the Select= men would continue the discussion to the next meeting.

Mr. McDevitt said it woul= d be a good idea to hear from the Park & Recreation Director and other interes= ted parties on where they’re coming from regarding the (gym) facility. Mr. Gowan said he would ask those = people to attend the meeting for a discussion.

Fire Impact Fee – Discussion – Mr. Gowan said the existing Fire Impact Fee was flawed in several ways. It didn’t include anything b= ut residential development whereas non-residential property contributed significantly to call volume. He said CIP Co-Chair Bill Scanzani worked to put together a revision to the existing Fire Impact Fee, which came before the Selectmen. He said he got ‘cold feet= 217; and asked that the Selectmen not take action. Mr. Gowan said he asked Mr. Fouger= e the cost to revise the Fire Impact Fee. He said Mr. Fougere reviewed the data and came up with the price of $5500 put together the revision.

Mr. Danevich didn’t= feel that the ordinance was ‘flawed’.&nb= sp; Mr. Gowan said it wasn’t his intention; it had been reviewed by Town Counsel. Mr. Danevich supported the Fire Impact Fee.

Mr. McDevitt asked if the omission of commercial was conscious. Mr. Gowan said he wasn’t involved in putting together the Fire Impact Fee. He said it was pr= obably a conscious omission so it wouldn’t be a disincentive to business development. Mr. McDevitt questioned if the terms of the residential impact fee would overlap with the commercial fee. Mr. Gowan sai= d a certain dollar value had to be expended by the end of year six. He said he agreed with Attorney Ra= tigan, that the project didn’t have to be built within that six-year timeframe.

Mr. Fougere said if anyon= e had questions, they could contact him. <= /span>

Mr. Viger said at this po= int in time the Selectmen were reviewing the impact fee and would conduct a public hearing and further action at a later meeting.

Bayberry Woods Subdivision & Connection Road to Stonepost Road – Mr. Gowa= n said the project was approved by the Planning Board, subject to the Selectmen ro= ad layout approval. He said Peter Zohdi of Herbert Associates, on behalf of the owner, submitted the highway layout. He provided the Selec= tmen with a copy of the petition and a highlighted version of the highway for review. He explained the proc= ess for roadway petition; half of which had been completed to date. A public hearing would need to be scheduled; proper notice would need to be given to impacted abutters thirty days prior to the hearing. He concurred with the engineer’s opinion that there were no direct impac= ts of the project on any abutter, in that no private property was physically impa= cted with the road layout, with the exception of the owner’s and the Town’s properties.

Mr. Gaydos asked that Mr.= Gowan advise him of the notification processes.&= nbsp; Mr. Gowan said he would provide information in writing.

Mr. McDevitt asked for a = summary of what the advantages were to the Town by allowing a private development to cross Town property. Mr. Gowa= n said connectivity was the key issue; it was one of the worst areas in Town. He said the Highway Safety Committ= ee had taken a strong position to encourage the road connectivity. He also showed that certain conser= vation land was now connected. Mr. V= iger said the Board had discussed the issues. Mr. Gowan said the Selectmen gave permission to show a road going ov= er the Town land.

Flag Football Donation – Construction Plan<= /b>

Mr. Gaydos provided the S= electmen with information regarding the impacts that would occur in the area. He reviewed a map showing where the water holding tank was located and where the drainage from the culvert would flow. He said they would have= the work be as seamless as possible. There would be two standing faucets installed; at this time the idea= was to have above ground tri-pod sprinklers.&n= bsp; Overtime they would like to raise more funds and put in an irrigation system similar to that at Muldoon Park and the Village Green. He said the on-going c= ost to the Town would be the electricity to run the pump.

Mr. McDevitt asked where = the water came from. Mr. Gaydos s= aid the water came from the well.

Mr. Viger asked if there = was any need to run a larger conduit under the pavement to accommodate other lines = in the future. Mr. Gaydos felt t= he proposed would be fine. There= were already electrical lines in place out at the field.

A public hearing would ne= ed to be scheduled. Mr. Danevich quest= ioned if Flag Football had an implied use of the field. Mr. Gaydos said Flag Football had = not asked for any kind of preferred scheduling. They haven’t said they would exclude anybody else from using it. Mr. Danevich suggested that the Selectmen define what the arrangement was because it was a significant investment into the field. He felt it was good practice to ha= ve an agreement in place. He also a= sked the Selectmen to discuss a park closure policy to maintain consistency. Mr. Gaydos said he would review the language contained in the Little League and Razorback agreements.

An agenda item would be a= dded to discuss a park closure policy.

There was a consensus by = the Selectmen that the information Mr. Gaydos provided keep in line with what t= hey believed the concept to be. <= span style=3D'mso-spacerun:yes'>

OTHER BUSINESS

Temporary Closure of Willow Street-Culvert Replacement

Mr. Viger said a letter h= ad been received from the Highway Safety Committee indicating that Willow Street would need to be clos= ed for two days so a defective culvert could be replaced. He reviewed a description of how t= he closure procedure would occur. Mr. Gaydos said they intended to place saw horses out with temporary signage indicating the dates of closure. It would also be coordinated with PTV and the Message Board.

BOS Priority List – Project Tracking

The Selectmen reviewed th= eir Priority List. Mr. Danevich s= aid the Transfer Station Committee appointment should be added. He also believed that the road nam= ing item was pretty much done. Mr. Lynde indicated that they didn’t lose the Raymond Park grant and they were proceeding with the fields. Mr. Viger would update the tracking list.

Mr. Danevich discussed th= e Rec Track system and indicated that the revenues were being tracked, but the expenses needed to be followed up on so certain reports could be generated. Mr. Gaydos would h= andle following up.

There was further discuss= ion regarding the items on the priority list.&= nbsp; Mr. Viger suggested having the Department Heads update the vehicle inventory/replacement schedule.

There was a discussion re= garding the Town = Center traffic upgrade and the que= stion if option B had ever really been completely reviewed. Mr. Lynde said several months ago = he had asked a gentleman from DOT regarding option B and was told that they had not done the full engineering study of it to see if it would really work. He said it was put out conceptuall= y, but had not determined if the turning radius and sight distance were good. He said they could spend more mone= y to do it, but it would leave less money to apply to impacts the Town would have. He believed a CSS meeti= ng was scheduled for Ju= ly 17, 2008.

Mr. McDevitt said that was critical information to know. He said he attended the state’s information meeting and left with the cl= ear impression that the options were either A or B.   He said it was also importan= t for the Selectmen’s communication with the public as well.



TOWN ADMINISTRATOR’S   /   SELECTMEN’S REPORTS

Mr. McDevitt said a conce= rt was held on the Village Green last Wednesday and it was great. He thanked the individuals and businesses who sponsored everything that happened that night. He informed the Independence Day Celebration would start at 4= pm on July 3, 2008. The rain date would be July 6, 2008. Mr. McDevitt then informed that th= e next concert on the green would be held on July 9, 2008. =

Mr. Lynde expressed his t= hanks to the Fire Department for their quick response to a fire spotted in woods near his home. The fire was starte= d by a lightening strike.

Mr. Danevich informed tha= t the Strawberry Festival was extremely successful. He said he would have the exact co= unt in the next week or so. He then discussed a question that had been asked regarding the Transfer Station accepting inbound commercial drops. He said he was also asked what happened to the school’s recyclables. He also mentione= d that the Senior Center had boxes that could be recycled. Mr. Gaydos said the= y had been asked to leave the boxes for the Transfer Station to pick up. He said he would take care of the = situation. Mr. Danevich said he was in the pr= ocess looking at things he could do to help ‘go green’. He said there were things the Town= could do that would be cost savings and gave some examples of such. He said he would like to have furt= her discussions with someone who understood what the Town might be able to do.<= span style=3D'mso-spacerun:yes'> Mr. Danevich ended by reporting th= at the Library now had wireless access.

Mr. Gaydos said he was wo= rking on the fire station and recently had been exposed to some individuals who were doing some large geothermal operations.&nb= sp; He reviewed a couple buildings that had installed geothermal heat. He said the owner indicated that h= is heating bill ran approximately $500-$600 per month for 2200SF. He said he was looking to see what= the cost would be to retrofit the Municipal Building. He said he’d like to review similar technology. There was further discussion regarding steps that individuals and the Town could take= to be more efficient.   Mr. = Gaydos then provided an update regarding the work being done at Sherburne Hall.

Mr. Viger had no report.<= span style=3D'mso-spacerun:yes'>

REQUEST FOR NON-PUBLIC SESSION

MOTION:

(Danevich/McDe= vitt) Request for a non-public session per RSA 91-A:3,II,a (personnel)

ROLL CALL:

Mr. Viger-Yes;= Mr. Danevich-Yes; Mr. McDevitt-= Yes; Mr. Lynde-Yes

It was noted tha= t when the Board returned, after the non-public session, the Board would not take = any other action publicly, except to possibly seal the minutes of the non-public session and to adjourn the meeting. The Board entered into a non-public session at approximately 9:20 pm. Also present was Mr. Gaydos.

The Board returned to public session at approximately 9:40 pm.

MOTION:

(Danevich/McDe= vitt) To seal the minutes of the non-public session indefinitely.

VOTE:

(4-0-0) The mo= tion carried.

ADJOURNMENT

MOTION:

(Danevich/McDe= vitt) To adjourn the meeting.

VOTE:

(4-0-0) The motion carried.

The meeting was adjourned at approximately 9:40pm.

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

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

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