SEL20091208

APPROVED

TOWN OF PELHAM

BOARD OF SE= LECTMEN MEETING

MINUTES

December 8, 2009

APPROVED &#= 8211; December 15, 2009

CALL TO ORDER – 6:30pm

PLEDGE OF ALLEGIANCE

PRESENT:

Mr. Robert Haverty, Mr.= Douglas Viger, Mr. Edmund Gleason, Mr. William McDevitt, Mr. Harold Lynde, Town Administrator Tom Gaydos

ABSENT:

None.

MINUTES REVIEW

Novemb= er 17, 2009

MOTION:

(Gleason/Lynde= ) To approve the N= ovember 17, 2009 meeting minutes as amended.

VOTE:

(5-0-0) The mo= tion carried.

The minutes were approved= with the understanding that there would be further clarification of a comment Mr. Lynde made (during the discussion of the school’s use of the unfinish= ed classrooms in the Municip= al Building) regarding= the space behind the Police station being used.

OPEN FORUM

Mr. Paul McDonagh came fo= rward and spoke about how grateful he was to workers at the Transfer Station, the Police Department for putting an alarm at Veteran’s Park and to the Highway Road Agent for laying a ro= ad bed. He said he would like to= have an open public discussion regarding the Town leasing the classrooms to the school.

Mr. William Pultar began = to come forward. Mr. Haverty told Mr. Pultar he could come forward and address the Board with the caveat if he wa= nted to speak to the Selectmen about the matter discussed on numerous occasions,= the Selectmen wouldn’t discuss it further. He said if Mr. Pultar insisted, the meeting would be recessed and they would resolve it off camera. Mr. Pultar said he wanted to resol= ve the issue of whether or not there was a policy in place. Mr. Haverty stated that the Select= men would not discuss that matter. He said if there was something else he’d like to discuss during Open For= um he was more than welcome to do so. Mr. Pultar said he had a letter from the last meeting that he though= t he understood. Mr. Haverty reces= sed the meeting (6:49pm).

APPOINTMENTS

Article K Waiver: = Map 31 Lot 11-227, 40 Woekel Circle Owner: Loretta Woekel Rev. Trust of 2002, William Zorn Trustee

The Selectmen reconvened = the Board of Health meeting (from November 17, 2009) with Deputy Health Officer Paul Zarnowski as Chairman= who brought the meeting to order.

Mr. Gaydos told the Board= that correspondence from Town Counsel John Ratigan had been received and shared = with Mr. Zarnowski.

Mr. Zarnowski stated that= the Board would review the continuance of the request for Article K for Map 31 = Lot 11-227, specifically Section 295:17. He stated at the previous meeting the Board granted four (setback) waivers to Section 295:16.

Mr. Shane Gendron of Herb= ert Associates was present to review the proposed plan. He said they had previously brough= t the plan to the Board for setback waivers to Town regulations; they would be complying with all the state regulations.&= nbsp; The applicant was proposing a Clean Solutions septic system combined with an Enviro septic system which they felt was a great solution for a waterfront property. Mr. Gend= ron said the remaining question was the aspect of how the property would be tre= ated, either year round or seasonal. He said as far as the New Hampshire Environmental Services was concerned, the property was reconstructed in 2007 and met the energy codes. He said having the furnace, insula= tion, electrical and septic system brought up to code would be steps to having a = year round property. He believed s= tate also wanted properties to have potable water; an artesian well was dug in 1997. He believed all the (st= ate’s) requirements for a year round property were met.

Mr. Zarnowski said taking= the four waivers that were granted into account; there were a few findings of f= act:

1)&n= bsp;      The property presently has no septic treatment syst= em and is served by a septic hold tank that is periodically pumped to remove septage from the property. Th= e tank lies within the 75ft. radius of the subject property’s sell and within the 75ft. radius of the well on the adjacent Map 312, Lot 11-276 property. The existing septic holding tank is set back approximately 50ft. from Little Island Pond= .

2)&n= bsp;      The proposed septic treatment system will be located outside of the 75ft. protective well radius for the property’s well a= nd for all of the adjacent properties wells.&= nbsp; This proposed septic treatment system will be located 75ft. from Lit= tle Island Pond.

3)&n= bsp;      That the proposed septic system (a combination of “The Clean Solution” and “Enviro-Septic” systems) h= ave been described as a state of the art septic treatment system, that is super= ior to a conventional leach field system.

4)&n= bsp;      That the proposed septic disposal system meets or exceeds are NH DES setback requirements.

5)&n= bsp;      That there is a legal, non-conforming seasonal residential use on the property.

6)&n= bsp;      That public health and the protection of the pond f= rom pollution is served by replacing a septic holding tank system that is situa= ted approximately 50ft. from the lake and that is located within the 75ft protective well radius of two nearby wells with a septic treatment system t= hat is setback 75ft. from the lake and outside of all 75ft. protective well rad= ii.

He said (Town Counsel sug= gested) conditions of waiver approval:

A= .      Issuance of a state subsurface disposal permit for the State of NH.

B= .      = If the septic disposal system presented in this application is revised in conjunction with or as a result of an application to the State of NH, such revised= system shall be resubmitted for review and approval to the Health Agent. (if there= are other waivers needed, it should be reverted back to the Board of Health)
C= .      = That the septic treatment system shall be maintained and inspected as specified = by the Wastewater Alternatives, Inc. inspection contract that had been present= ed to the Board, or as such maintenance and inspection standards are reasonably revised by the installer or manufacturer in the future.

D= .      Upon certification by the Health Officer’s agent that the system had been designed and constructed in accordance with Chapter 295 and this approval, = the seasonal residence may be converted to year-round use. With this certification, no waiver= is required from Chapter 295-17

There was a brief discuss= ion as to what action was needed. Mr= . Gleason felt the Board should make the conditions of waiver approval stipulated as being in affect.

Mr. Lynde questioned if t= he applicant would have anything if they didn’t receive approval from the state. Mr. Zarnowski said once applicant received approval, the system would need to be installed. Once they received an operation ap= proval it would automatically be converted. There was further discussion regarding the proposed stipulations. Mr. Zarnowski said he didn’t= want to have the approvals granted and the system not installed.

Mr. Lynde stated when an applicant states they are going to have a contractor install a certain syst= em and the Board approves the plan as submitted, he expects it to be installed. He said if it isn’t installed he believed the Board would be informed and the appli= cant wouldn’t receive an occupancy permit. He didn’t know that the Boar= d had to make another stipulation in order for it to happen. Mr. Gaydos said in this case the B= oard had requested an opinion from the attorney. He said it was the attorney’s opinion if the Board wanted to set the ground work; they needed to put thin= gs into the decision to strengthen their hand for future dealings. Mr. Zarnowski said the stipulation= s laid the ground work, procedural wise for conversions. He said there was a growing number= of residents that had inadequate septic systems around the pond that wanted to convert through the proper channels. =

Mr. Gleason made a motion= to issue waivers to the four articles with the stipulated conditions.

The four articles referen= ced in the motion are: Article K, Section 295-16 as follows: 1) Section 295-16 = 211; leach bed 125ft. from pond (slightly greater than 100ft. proposed); 2) 295-= 16 – leach beds 75ft. from poorly drained soils (55ft. proposed); 3) Section 295-16 – 75ft. to= open drainage (35ft. proposed); 4) Section 295-16 – septic tank 50ft. to o= pen drainage (35ft. proposed).

MOTION:

(Glea= son/McDevitt) To issue waivers for the first four articles based on the following conditions:

A) Issuance of a state subsurface di= sposal permit for the State of NH<= /st1:State>;

B) If the septic disposal system presented in this application is revised in conjunction with or as a resu= lt of an application to the State of NH, such revised system shall be resubmitted for review and approval to the Health Agent. (if there are other waivers needed, it should be reverted b= ack to the Board of Health);

C) That the septic treatment sy= stem shall be maintained and inspected as specified by the Wastewater Alternatives, Inc. inspection contract that had been presented to the Boa= rd, or as such maintenance and inspection standards are reasonably revised by= the installer or manufacturer in the future;

D) Upon certification by the He= alth Officer’s agent that the system had been designed and constructed in accordance with Chapter 295 and this approval, the seasonal residence may= be converted to year-round use. With this certification, no waiver is required from Chapter 295-17

VOTE:

(5-1-0) The mot= ion carried. Mr. Lynde voted no.

Mr. Lynde said he was bot= hered by the fact that everyone (else) in Town was expected to have at least one acr= e of land and meet every Article K requirement, but there was a section of Town = that was treated differently. He appreciated that improvements were being made, but he was ‘hung up= 217; on the conversion from seasonal to year round. He didn’t believe that it was intended to have the camp lots treated as house lots.

MOTION:

(Gleason/McDev= itt) To adjourn the Board of Health meeting.

VOTE:

(6-0-0) The motion carried.

The Board of Health adjourned. The Selectmen reconvened.

Renaming of Mul= doon Parkway

Mr. Gleason said the Town recently lost Mr. Bob Blinn who had been the President of Little League and very instrumental in the progress achieved at Muldoon Park. He thought it would be appropriate= if he could be recognized for his contributions to the Town by some demonstratable method. Several things were l= ooked at and it was suggested (by a constituent) to rename the Muldoon Park entrance by calling it Bob= Blinn Way, or something else appropriate. Mr. Gleason said he reviewed the d= eed and didn’t see a restriction in that regard. He understood there may be some sensitivity, but felt it in this case it would be appropriate to recognize = his contributions to Town.

Mr. Gleason stated that h= e was approached by another constituent who asked that Sgt. Daniel Gionet, who lo= st his life in Iraq, be recognized. He asked that = the Selectmen consider naming a Town square, or public façade after Sgt. Gionet.

Mr. Haverty supported both initiatives and felt it was appropriate to recognize both men and their services.

Mr. McDevitt also support= ed recognizing the men. He state= d he had been present for meeting when the Town accepted the parcel of land (kno= wn as Muldoon Park) and when the heirs to the wi= ll became concerned that the Town was violating the will. He said the family was explicit ab= out considering it a violation to name or dedicate other things in the park to anyone other than Clarence Muldoon (during the December 15, 2009 meeting Mr. McDevitt informed the Board that the correct reference should be to George Muldoon). He believed the= ir intent would be to prohibit what was being discussed. He said the risk is having the par= cel revert to the heirs if they broke any of the provisions of the will. He suggested seeking out the (heir’s) attorney. Mr. McDevitt stated that he supported the suggestion and felt that Mr. Blinn sh= ould have the road named after him, but before taking that step he wanted to make sure that someone else wasn’t made unhappy.

Mr. Lynde said they shoul= d dare not cross a line, if there was a line to cross. He believed there were other ways = for people to be recognized. He a= lso noted that there was something being proposed in the area of Raymond that he would discuss with Mr. Gleason.

Mr. Gleason read a portio= n of the (Muldoon) will aloud that discussed what was prohibited on the parcel.

Mr. McDevitt stated that = the discussion was not/should not be whether Bob Blinn deserved to have somethi= ng dedicated to him because he did. He said he was present at a meeting when the heirs were concerned that the Town had put in too many fields, because the fields didn’t retain the land’s natural state (as specified in the will). He suggested that the Town be real= ly careful.

Mr. Gaydos suggested exte= nding a courtesy to the heirs and seek better guidelines of what could be done at t= he park. He said no one wanted to violate the understanding the Town had with the heirs.

Mr. McDevitt said he didn= ’t know the heirs. He would rese= arch for additional information. <= /p>

With regard to Sgt. Gione= t, Mr. Lynde will work with Mr. Gleason on some efforts that were on the way.

OTHER BUSINSS

Donation of 35ftx60ft building

Mr. Gaydos informed that = he was approached by Building Inspector Roland Soucy who had spoken with people at Raytheon who had a metal (35ft.x60ft.) building they would like to donate to the Town. He said he spoke wi= th the Highway Road Agent who could use the building to keep his equipment out of = the elements (until they built a Highway garage). The building would not be heated.<= span style=3D'mso-spacerun:yes'> A possible future use would be to = use the building to store salt and sand. Mr. Gaydos said Mr. Soucy contacted the building’s manufacturer who provided a quote for the building of approximately $5500. The estimate to put wiring and lig= hting in the building was $2000. An asphalt base would cost approximately $5000; a gravel base would be approximately $2000. The movi= ng cost to deliver the building from Raytheon would be approximately $200.

Mr. Haverty questioned if= the highway trucks would fit through the opening of the building. Mr. Gaydos reviewed the specificat= ions and commented that the Highway Agent felt the building would work for his needs. Mr. Haverty noted that= the manufacturer’s quote and Mr. Soucy’s information contained a discrepancy in the building size. He wanted to confirm that the moving/re-building cost would remain as quoted. Mr. Gaydos said Mr. S= oucy contacted the manufacturer for the information and obtained the quote using that information. Mr. Haverty confirmed that when vehicles were started up within the building, they would be driven outside to warm up further. He didn’t want trucks sitting inside because of ventilation issues. Mr. Gaydos said trucks would be brought outside as soon as the hydraulics were warmed up.

Mr. McDevitt questioned w= here the building would be located. Mr. Gaydos said there were three areas being investigated. He said it wouldn’t be locat= ed in the area where they intended to construct a highway garage.

Mr. Gleason asked if ther= e was money in this year’s budget to install the building. Mr. Gaydos said he would propose p= aying for the building out of the Highway Block Grant. Mr. Gleason asked if there was any preference whether asphalt or gravel would be used (under the building). Mr. Gaydos said they hadn’t decided yet. He believed the preference would be to have a pad in the event of a fuel spill. Mr. Gleason asked if Raytheon had = given a timeframe for accepting the building.&nb= sp; Mr. Gaydos answered no. He felt it was reasonable to say nothing would be done until the spring. He will verify a timeframe with Ra= ytheon for a timeframe.

The Board discussed how t= hey would like to proceed. The Se= lectmen wanted additional information, the location, security concerns, type of pad, drainage etc. Mr. Haverty questioned if Site Plan review would be needed. Mr. Gaydos said the Selectmen were= not bound by the Town’s Zoning rules.&nb= sp; However, they may request an informal review by the Planning Board.<= span style=3D'mso-spacerun:yes'> It was decided to conduct a public hearing.

Financial Update

Mr. Gaydos provided the S= electmen with an overview of the Town finances to date. He said he would have a proposal f= or the Selectmen to clean out old warrant articles and put the funds into the Gene= ral Fund and use it to reduce taxes.

Discussion of Town Charter

Mr. McDevitt discussed wi= th the Selectmen reasons he felt they may want to look at the Town’s Charter. 1) current system of government is slow; 2) budgets are prepared approximately six months prior = to Town vote; 3) long-term planning is impossible and often doesn’t surv= ive contact with Town Meeting; 4) responding to Town Meeting results is guesswo= rk; 5) Selectmen do not have the authority to pass ordinances; 6) Deliberative Session is ineffective and provides the perfect opportunity for a small un-elected group to determine the direction of the Town for the next year; = 7) Town Administrator cannot respond to day-to-day happenings without making at three phone calls (to Selectmen); 8) there is no opportunity for thoughtful deliberation and reasoned discourse among those who govern the Town and the= ir legislative body.

Mr. McDevitt stated that = state law provides the opportunity for the voters to form a charter commission; a warrant article would need to be put together. If the voters approve, a charter commission of nine people are elected, meet (within 120 days) and come back= to the Selectmen with a response. He said after the holidays he would like the Selectmen to have a discussion on= the topic.

Fire Station Update

Mr. Gaydos stated he woul= d have a (dollar) figured on December 15, 2009. He said= a revised estimate has been received from the construction company. In going through it they found some areas of concern that were being reviewed.= Mr. Gaydos said he planned a presentation to the Budget Committee on= December 17, 2009 to discuss the building components.

The Selectmen will receiv= e a presentation of the fire station on December 15, 2009.&= nbsp;

Transfer Station Hiring Update

Mr. Gaydos informed that = five candidates were met on Saturday; one of which has since withdrawn their application because they were considering other aspects of their life. He said the Selectmen will discuss= the remaining four candidates during their non-public discussion.

TOWN ADMINISTRATOR’S / SELECTMEN’S RE= PORTS

Mr. Gaydos said there had= been correspondence from the Conservation Commission who would like to have a pu= blic hearing on acquiring a piece of land so they could close on the property by= the end of the year. He reviewed = the proposed schedule for hearings and closing. Mr. Gaydos said the State of New Hampshire Department of Transportation had announced the Highway Block Grant Aid for which Pelham will receive $281,212.97.

Mr. Gleason informed that= the Senior’s held their Christmas party which was well attended. He also informed that he would be meeting with the Police and Fire Departments to conduct the initial intervi= ews with regard to the memorandum of understanding for the Town (2 year) towing contract. He said a site revi= ew would be conducted to evaluate the responder’s capabilities.

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

Mr. McDevitt said he had = attended the New Hampshire Local Government Center’s annu= al conference. He said he learne= d some interesting things he would share with the Board. He then thanked the Garden Club for setting up the display on the Town Common.= He noted that they spend their own money raised through fund raising; the only thing the Town paid for was the electricity.

Mr. Lynde said the Town w= as fortunate to have the NHMA who represented cities and towns and fought for = them to retain the money they normally got from the state. He stated that the Town had seen an increased usage of Sherburne Hall for community events, which reflected wel= l on the Town.

Mr. Haverty provided a su= mmary of the Planning Board meeting.

REQUEST FOR NON-PUBLIC SESSION

MOTION:

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

ROLL CALL:

Mr. Haverty-Ye= s; Mr. Viger-Yes; Mr. McDevitt-Yes; Mr. Lynde-Yes; Mr. Gleason-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 sess= ion and to adjourn the meeting. T= he Board entered into a non-public session at approximately 8:27 pm.

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

MOTION:

(Viger/Gleason= ) To seal the minutes of the non-public session indefinitely.

VOTE:

(5-0-0) The mo= tion carried.

ADJOURNMENT

MOTION:

(Viger/Gleason= ) To adjourn the meeting.

VOTE:

(5-0-0) The motion carried.

The meeting was adjourned at approximately 9:45 pm.

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

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

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