SEL20071023

APPROVED

TOWN OF PELHAM

BOARD OF SE= LECTMEN MEETING

MINUTES

October 23, = 2007

APPROVED – November 6, 2007

CALL = TO ORDER

PLEDG= E OF ALLEGIANCE

PRESENT:

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

Mr. Douglas Viger, Town Administrator Tom Gaydos

Also present:

ABSENT:

Members of the press and general public.

None

MINUTES REVIEW<= /p>

October 9, 2007

MOTION:<= o:p>

(Viger/Lynde) To approve the October 9, 2007 meeting minutes as a= mended.

VOTE:

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

The minutes only had min= or grammatical amendments.

OPEN FORUM

None.

APPOINTMENTS

Article K = Waiver Application – Owner: Charles & Alice Mahaleris, 2 Woekel Circle Map 31, Lot 11-296<= /b>

The Selectmen adjourned so they could convene as the B= oard of Health with Deputy Health Officer Paul Zarnowski as Chairman. Mr. Zarnowski called the Board of = Health meeting to order.

The Board reviewed the waiver request application for Map 31, Lot 11-296. The waiver was from 296-16 – leach area less than 125ft. from Little Island Pond, where there is approximately 110ft.   Mr. Jim Herrick came forward = to represent the plan. He discus= sed the plan and demonstrated why it wouldn’t cause a health hazard. The ground water is such that the = system has to be raised, so to maintain the 3-1 slopes grading is necessary. The system is proposed to be as fa= r away from the pond to meet the 125ft. setback; the maximum that could be obtaine= d is 110ft.

Mr. Zarnowski asked if the system was a replacement. Mr. Herrick said it was a replacem= ent system for the existing two-bedroom seasonal home. Mr. Zarnowski asked if the home wo= uld remain seasonal. Mr. Herrick = said it would.

Mr. Lynde asked what the current system consisted of.<= span style=3D'mso-spacerun:yes'> Mr. Herrick was not familiar with = the existing system. He said work= had been done around the site and believed the existing system had been removed. Mr. Lynde asked wher= e the driveway would be located. Mr. Herrick said it would be located to the left of the leaching area. Mr. Lynde asked if there would be = any special provisions with the system. Mr. Zarnowski said it was a Presbee Environmental System. He noted that the driveway scaled approximately 13ft. off the leach bed.   Mr. Lynde asked if the only w= aiver was for the distance to the pond.

Mr. Danevich asked why the system had been changed. Mr. Herrick said they were doing w= ork around the area and fixing the house up.&n= bsp; The old system was in the way and they needed a new system. Mr. Herrick said the old system was undersized and not adequate for the applicant’s needs. Mr. Danevich confirmed that the se= ptic size was not being changed. M= r. Zarnowski answered no. He sai= d the maximum bedroom count would be two. He noted that the design would have to accommodate a larger load per= the Town. Mr. Danevich asked if t= here was anything else the applicant could do given that they are near Little Island Pond. Mr. Zarnowski said the = system being designed to meet way beyond the Shore Land Protection Act. Mr. Danevich asked Mr. Zarnowski i= f he was satisfied with the requested system.&n= bsp; Mr. Zarnowski answered yes. <= /span>

Mr. Lynde asked if a new well had been, or would be installed. Mr. Herrick said t= hey had installed a new well.

MOTION:<= o:p>

(Lynde/Danevich) To waive Section 295-16 to allow an on-site septic system located closer than 125ft. to Little Island Pond.

=

VOTE:

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

Article K Waiver Application – Owner: Chad Beauregard, <= st1:address w:st=3D"on">43 Hinds Lane Map 27 Lot<= /st1:place> 2-104

Mr. Zarnowski informed that the waiver request was to Section 295-17 conversion of a seasonal system and also a waiver to Section 295-16 for a leach being less than 125ft. to Gumpas Pond. They requested 112ft.

Mr. David Aho of Patriot Surveying, on behalf of the applicant, came forward to discuss the request. He said the existing system was a non-approved system to the rear of the building. He said the system was approximate= ly 70ft.-75ft. to the water. The= y were looking to completely remove/abandon the system. He said they wanted to move the sy= stem approximately 40ft. away from the pond which would result in it being a total of approximately 112ft. from the pond. Mr. Aho said the applicant was essentially looking to move the camp = away from the road and rebuild a new home to be used for more than six months per years. He said the new system= would meet all the requirements, except the one waiver to Article K.

Mr. Zarnowski said it was an existing seasonal two-bed= room. He asked if the applicant had gone before the Board of Adjustment for a variance for moving the building on an existing non-conforming lot. = Mr. Herrick said they hadn’t because all the setbacks would be getting be= tter and wasn’t sure how it would be treated. He circulated a better exhibit to = the Board that showed where the existing home would be placed. He reviewed the plan and reiterated where the system and well were located and what the setbacks were.

Mr. Zarnowski said the existing system was 25ft. off t= he pond the proposed would be approximately 112ft. The system would be a Presbee Environmental System. Mr. Zar= nowski said the only different issue was the conversion from seasonal to year roun= d, which the state would allow. =

Mr. Danevich asked if the house was being moved or tor= n down and rebuilt. Mr. Aho said it = was still up in the air, but because of its condition, it was more than likely = to be torn down. Mr. Danevich as= ked if the number of bedrooms would be increased. Mr. Zarnowski said they would be restricted to two bedrooms. M= r. Danevich asked if there was a reason why the leach field pipes couldn’= ;t be pushed closer to the road with the reserve closer to the house. Mr. Aho said they would still need= the waiver. He said his preferenc= e was to put the system in the proposed location because of the conditions of the land. Mr. Zarnowski said he p= layed around with it to see if something else could be done, but didn’t see= any advantage of doing so. Mr. Da= nevich asked if the proposed would improve the current situation. Mr. Zarnowski said it would and no= ted that it would also meet the Shore Land Protection Act.

Mr. Lynde asked if the slope on the lot was any concern because it sloped down toward the pond.&nb= sp; Mr. Zarnowski discussed the slopes and said the system was proposed = for the flattest portion of the lot. Mr. Lynde asked if a retaining wall was being built. Mr. Aho said the plan show= ed hay bales and silt fencing down by the pond. Mr. Lynde understood that the acti= ons would be limited because the area in the Wetland Conservation District. Mr. Aho said there shouldn’t= be any clearing and noted that the hay bales were a protective measure. Mr. Zarnowski said they were also = limited by Shore Land Protection.

Mr. Lynde asked if the lot needed a variance to proceed forward. Mr. Zarnowski said t= he Board may want to put a restriction for the Zoning Administrator to review = to determine if it does need a variance.

MOTION:<= o:p>

(Danevich/Lynde) To approve Article 295-17 conversio= n of seasonal system, subject to any further additional Town approvals.

=

VOTE:

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

MOTION:<= o:p>

(Danevich/Lynde) To grant an Article K Waiver reques= t for 295-16 where leach beds must be greater than 125ft. from the pond; in this case it drops to 112ft.

=

VOTE:

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

MOTION:<= o:p>

(Viger/Lynde) To adjourn the Board of Health.

=

VOTE:

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

The Selectmen reconvened= .

Election of Officers

Mr. Danevich said at the conclusion of the last meetin= g, Selectmen and Chairman Edmund Gleason, with regret resigned from the Board. He said the Board was = left with four members and generally when there was a vacant position the Board would elect new officers.

MOTION:<= o:p>

(Lynde/Haverty) To appoint Victor Danevich as Chairm= an.

=

VOTE:

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

MOTION:<= o:p>

(Danevich/Haverty) To appoint Hal Lynde as Vice Chai= rman.

=

VOTE:

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

Discussion of Vacancy

Mr. Danevich explained that there was state statute th= at covered how a vacant position was filled.&= nbsp; He said the Board was under no obligation to back fill the position. He said they had qu= ick informal discussions and asked that the member repeat them publicly. There was a consensus that the pos= ition should be filled. The deadlin= e for volunteer application submission was 4pm on Friday, Novem= ber 2, 2007. The Selectmen intended to hold int= erviews in two weeks.

New Council on Aging Members Appointments: Leo Doherty, Emily Ho= dge, Edward Richard

Mr. Danevich said three resignations had been accepted= from members on the Council on Aging. Multiple people have applied the board interviewed, voted and have submitted the recommendation for appointments to the Board.

MOTION:<= o:p>

(Lynde/Haverty) To appoint Leo Doherty, Emily Hodge = and Edward Richard as members of the Council on Aging effective October 23, 2= 007 and expiring March 31, 2008.<= o:p>

=

VOTE:

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

The three people who res= igned were thanked for their service to the Town.

Warrant Article Discussions

Mr. Gaydos reviewed the proposed warrant articles with= the Selectmen. This was their sec= ond review. Some additions had be= en made since the last review. T= he Selectmen discussed the proposed articles and if they would be included on = the warrant or handled otherwise. At the next Selectmen meeting the Board will vote on the warrants for which th= ey have all the data. The contra= ct items, as in the past, will be done in December.

OTHER BUSINESS

Police Department Request for Quotes – Authorized Tow Comp= any Rotation List

Mr. Gaydos said the Town didn’t have a policy or specifications for those who provide tow services to the Town. He said a number of people who own= tow companies had approached the Town and asked how they would be able to provi= de services for the Town. He dis= cussed the qualifications/criteria that the Police Department was looking for. A Memorandum of Understanding has been drafted to outline the desired criteria. An RFP has been pos= ted for a two-year contract.

Mr. Haverty asked if the document had gone to legal for review. Mr. Gaydos said the P= olice Chief put the policy together by reviewing other department’s policies. He said it could be= run by Town Counsel. Mr. Danevich= said at this point it was just an RFP, once it got to the point of executing an agreement it would be reviewed by legal.

Regrouping of Boar= d of Selectmen Priorities

The Selectmen were provided with a list of the items t= hey were working on.   Mr. Da= nevich asked if there were any additional items, or projects the Board was interes= ted in working on. He asked that = the members provide Mr. Gaydos with any additional item. He said they could reprioritize th= e list at their next meeting.

Pet Policy

Mr. Haverty said at the last meeting he mentioned that= he would not spend another moment looking at the policy, but much to his surpr= ise he had spent a lot of time talking about it, thinking it and reviewing it.<= span style=3D'mso-spacerun:yes'> He said it was an important policy= and he would recant on his prior statement that he would abstain from further discussion or voting on the matter.

The Sele= ctmen discussed the policy and offered minor amendments; there was agreement regarding those amendments.

MOTION:<= o:p>

(Viger/Haverty) To approve the Town of Pelham Pet and Workplace Policy.

=

VOTE:

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

Mr. Lynde wanted the pol= icy to be subject to review once the final draft was complete.

Park and Recreation Director Hiring Process and Update on Number= of Applicants

Mr. Danevich discussed the process that had been taken= for hiring personnel. Mr. Gaydos = told the Selectmen where the job had been posted. November 2, 2007 is the closing date for application submission. $1000 total had b= een spent on advertising. To date, nineteen applications had been submitted.&= nbsp;

Fire Station Committee Update

Mr. Haverty said the Construction Manager had been identified and was going through exercises of reviewing possible designs an= d also going through the estimating exercises.&nb= sp; He said there was nothing new to report at this time. A meeting was scheduled for Wednes= day (Oct. 24) to review some of the information. Mr. Danevich asked if a warrant was anticipated. Mr. Haverty said= yes, they anticipated a warrant this year for a new central fire station; mid November was targeted for Budget Committee review.

Mr. Lynde asked if the b= uilding still met the criteria. Mr. G= aydos said it did.

Selectmen Committee Appointments

With Mr. Gleason’s resignation, the Selectmen ha= d to reassign the committee appointments. Mr. Viger had been the alternate to the Budget Committee and was appointed as the Selectmen Representative. Mr. Lynde was appointed as the a= lternate to the Budget Committee. Mr. Danevich said he would fill the position of NRPC Representative. The appointments to Context Sensit= ive Solution and Context Sensitive Solution Communication would remain the same with Mr. Haverty and Lynde providing representation, respectively.

Discussion of Budget Committee actions

Mr. Viger provided the Selectmen with a breakdown of t= he actions taken at the recent Budget Committee meeting. He outlined the cuts that were made.

TOWN ADMINISTRATOR / SELECTMEN’S REPORTS

Mr. Gaydos reported that the Town had requested that t= he Willow Street Bridge be placed on= the state’s ten year plan. = He said there had been considerable discussion about the length of the state&#= 8217;s plan and commitments by the state for additional funding.   He said Councilor Ray Wieczo= rek was clear that the gasoline tax was different than the tolls. The tolls are just for the ninety-= three miles of toll highway. The ga= soline tax takes care of the four thousand plus miles of other roadway; part of th= at money is given back to the towns in the form of the Block Grant and is also what funds the Bridge Capital Reserve. Mr. Gaydos also informed the Selectmen that he met with representati= ves of the Dracut Water System. H= e said they were looking at that as an alternative to expanding Pennichuck. He said they had plenty of capacit= y and would be interested in selling bulk water to Pelham. He discussed other aspects and req= uested $5000 out of the legal budget to discuss the legal ramifications if the Town wanted to pursue the move. He= said Dracut would have a meeting Wednesday to find out if they were interested in moving forward. He said there were a number of leg= al issues the Town would have to review.

Mr. Lynde asked if a vote had been taken to establish = a water district (along Route 38). Mr. Gaydos said they had pursued a water district that would not include going = down Route 38 from the other side (south side).= He said it would come from Pennichuck. The problem Pennichuck has present= ed, was that they weren’t putting any money on the table. They were proposing that the Town construct a water pipeline and then give it to them to operate. Mr. Gaydos said there were concerns regarding the capacity and volume of water Pennichuck had and whether there= would be sufficient water in the future to move father down Route 38. Mr. Lynde said he would like to kn= ow the potential and associated costs. Mr. Gaydos discussed the costs and how they would be broken down.

Mr. Danevich noted that one of the Selectmen priorities was the Route 38 water and sewer. There was further discussion regar= ding Mr. Gaydos’ request. Th= ere was a consensus of the Selectmen to authorize up to $5000 from the legal budget.

Mr. Viger said he attended the function in which Presi= dential Candidate John McCain visited Pelham. He found it interesting and informative.

Mr. Haverty had no repor= t.

Mr. Lynde reported that a book sale had been held Saturday. He said the remaini= ng books would be moved during the week. Mr. Gaydos said signs had been posted that the books were for sale a= nd there was quite a bit of interest. Books would be sold up until Thursday.

Mr. Lynde discussed the departure of Selectmen Gleason= . He said Mr. Gleason’s time a= nd volunteerism was appreciated.

Mr. Danevich reported th= at the Horribles Parade was a success once again this year.

REQUEST FOR NON-PUBLIC S= ESSION

MOTION:=

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

=

ROLL CALL:<= /b>

Mr. Danevich-Yes; Mr. Lynde-Yes; Mr. Haverty-Yes; Mr. Viger-Yes

Mr. Danevich noted that when the Board returned, after= the non-public session, the Board would not take any other action publicly, exc= ept to possibly seal the minutes of the non-public session and to adjourn the meeting. The Board entered in= to a non-public session at approximately 8:35 pm. Also present = was Mr. Gaydos.

The Board returned to pu= blic session at approximately 10= :25pm.

=

MOTION:=

(Haverty/Lynde) To seal the minutes of the non-public session indefinitely.

=

VOTE:

(4-0-0) The motion carried.

ADJOURNMENT

MOTION:<= o:p>

(Haverty/Lynde) To adjourn the meeting.

=

VOTE:

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

The meeting was adjourne= d at approximately 10:25 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