BOARD OF SELECTMEN
CALL TO ORDER
PLEDGE OF ALLEGAINCE
Ms. Deb Casey, Mr. Greg Farris (arrived at approximately ), Mr. William McDevitt, Mr. Harold Lynde, Mr. Jean-Guy Bergeron
Mr. James Pitts, Town Administrator, members of the press and general public.
Chairperson Casey opened the meeting at approximately .
(McDevitt/Lynde) To accept the minutes of the
(4 - 0 - 0) The motion carries.
No persons stepped forward.
PUBLIC HEARING ON DESIGNATED
Ms. Casey informed that Attorney Gordon Graham, Town Counsel would be present for the next discussion to answer any questions. She then gave a brief background of private ways and emergency ways. She then listed the streets previously designated emergency ways under the state statute. She said the reason for the public hearing was to address the situation and obtain input from the public regarding private roads and their designation.
Mr. Farris arrived.
Mr. Roger LeMay,
Mr. LeMay wanted to know who was on the Safety Committee. Ms. Casey informed that the Fire Chief, Police Chief, Highway Manager, Town Administrator and the Planning Director.
Mr. LeMay wanted to know if part of the maintenance funds could be used for plowing the roads. Attorney Graham answered no and said that if the roads were private that public money could not be spent for private benefit. Mr. LeMay asked what the difference was between grant money and money provided by the residents. Ms. Casey said there were other issues, such as the condition of a road and damage to the Highway Department’s vehicles. Mr. LeMay said he had asked the Highway Agent if there had been any problems on
Ms. Karen Nicolosi Provencal,
Mr. ErgendinoPerrone, 1 Little Island Park read a prepared statement which spoke of his concern regarding snowmobilers having the right to private roads that the Town does not plow. He said that four of five residents would like to block access from the road to the pond for snowmobilers. Attorney Graham discussed the legalities with blocking a private way and said that if the person was the fee title owner they would have the right. He said the question was who had the right to manage the road because traditionally there was one owner and thorough research would need to be done.
Mr. Perrone said there was a problem with the snowmobilers packing the snow down, which then was difficult to move. He wanted to know how residents would get in and out of their homes if the Town were allowing snowmobilers to access private roads, but would not maintain them. To clarify, Mr. McDevitt said that the Town didn’t say that snowmobilers could go on private roads. He said that he didn’t believe that the Town could stop snowmobilers from going down private roads. Ms. Casey said the Town had the same battle with OHRVs in the Town parks. Mr. Bergeron asked if the snowmobilers were crossing the road or going down the length of the road. Mr. Perrone said they were accessing the entire road. Mr. Pitts suggested that the residents establish ownership and then work with the Police Department.
Ms. Shirley Lemere,
Mr. Dave Hennessey,
Mr. McDevitt wanted to know from Counsel if the Town continued to maintain the roads would they become Town roads and who would pay for the betterment. Attorney Graham discussed the emergency lane statute by which the Town, in the past, had been plowing the roads. He explained that at some point in time, the maintenance that took place on the roads exceeds the maintenance that’s necessary to maintain an emergency way and becomes a declaration by the town that it is a public way. He said there were three ways that roads became the responsibility of the public as a whole: 1) laying out in the subdivision process, and 2) road had been a public way for twenty years prior to 1968; 3) a town did so much in maintenance that it had deemed as accepted.
Hypothetically, Mr. McDevitt asked if maintaining a road would fall on the taxpayers if a town ended up owning a road (by virtue of maintaining it) and was not able to charge a betterment fee. Attorney Graham answered potentially yes.
Ms. Jean McAndrew,
Ms. Ruth Gravel,
Mr. Charles Kamitian,
Ms. Elizabeth Schedeler,
Mr. Perrone stepped forward again to ask if the beach at the end of his road could be chained off. Ms. Casey suggested that he speak with the Police Chief.
Mr. Hennessey stepped forward once again concerned with the statement that if a road was plowed once it was now Town responsibility. He felt that under no circumstances that the Town should assert responsibility that it did not currently have.
Mr. Kevin Crooker,
Mr. Farris asked if a waiver signed by residents would cover the Town legally. Attorney Graham said if a waiver was properly done it could be an effective instrument to protect the Town as long as the owners signed it. Mr. Farris asked if the waiver had to be unanimously signed, or signed by a majority. Attorney Graham said it would have to be signed by the person that owned the road. Mr. Lynde asked if collecting money along with a waiver would be acceptable. Attorney Graham said that was one of the recognized mechanisms. He then noted certain liabilities.
Mr. McDevitt discussed the opinion from the Town’s former Counsel, which was to charge people for plowing which ended up being a disaster. He wasn’t opposed to accepting a check from an association for plowing. He said that one of the problems with private roads was the possible damage to equipment. Mr. McDevitt suggested that the residents take responsibility of maintaining a road to ensure it would be plowable. Attorney Graham felt Mr. McDevitt’s suggestion was a possibility and added that the Town could also ask that conditions be met, such as reviewing the road once a year.
Ms. Casey felt that there should be an offer to private residents to pay the Town for plowing, as long as the roads were in a condition to be plowed so the equipment didn’t get damaged. She also said that residents would be responsible for paying early enough in the year for the Town to add the road to the charter. She also noted that if the residents wanted to become a public road they could come forward as the residents of Spring Street did. Mr. Lynde asked if a liability waiver would also be required. Ms. Casey answered yes. Mr. Farris said he would like the roads reviewed twice a year.
Mr. Lynde felt Ms. Casey’s proposal was reasonable along with the waiver. He said the only other process was to make the
Mr. Bergeron wanted to know if the Town accepted payment for plowing if the roads would continue to be private or would they become public. Attorney Graham said liability language could be added to the waiver. Mr. Bergeron confirmed that the roads could be plowed by the Town, but would be able to remain private as long as ownership was established. Ms. Casey answered yes.
Mr. Farris asked if the Town could still have a legal waiver if not all of the road owners were found. He wanted to know if language could be added which noted ‘while the owners were being located’. Attorney Graham answered no. Mr. Pitts felt that the association would need to become the deeded owners so that the Town could deal directly with the association for payment. He also noted there were other issues with private roads, which needed to be reviewed, such as the winter parking ban, which doesn’t apply to private streets. Mr. Pitts said the revenue and expenditure needed to be in the budget by
Mr. Lynde asked that a letter be sent to everyone on the private roads, which notes what has transpired and what is being proposed so that they can possibly help identify their representative.
MOTION: (McDevitt/Lynde) To direct Attorney Graham to prepare the procedures in which the Town would follow.
VOTE: (5 - 0 - 0) The motion carries.
Attorney Graham said a list could be drafted and faxed for the next meeting. Mr. Pitts will draft a letter for the residents. Mr. Farris suggested that people start researching to find out the proper owners.
Attorney Graham wanted to make sure it was understood that the emergency way statute identified certain parameters to which the Selectmen in the past had properly applied the criteria. He said that previous Boards did not act illegally.
A person in the audience asked how the plowing cost for the roads would be assessed. Ms. Casey said that the Highway Department would work with the Town to assess costs.
Mr. Pitts complemented the audience for their civil behavior during the hearing.
Mr. Wayne Bailey, Disposal of green glass from Windham
Mr. Wayne Bailey, Superintendent Solid Waste Facility in
Ms. Casey asked how many tons of green glass
Ms. Casey asked how
Mr. Pitts said the proposal makes the assumption that any work done at
Mr. Farris asked if there was a time frame before
MOTION: (Lynde/Farris) To authorize Mr. Pitts to strike the necessary procedure to enter into a venture with
VOTE: (5 - 0 - 0) The motion carries.
Mr. Bob Tryon, Parks and Recreation Director - Summer programs and
Mr. Bob Tryon,
Mr. Tryon informed that the sprinkler system at the parks were now in operation. He said that the fertilization process had begun. He also informed that the tiny-tot playground had been certified and now were waiting for two pieces of equipment. He discussed vandalism at the parks. Mr. Tryon said he was pleased with the preventative maintenance performed last year. He said that the parking for Muldoon had begun and said it would be completed by the end of June.
Ms. Casey asked if implementing bubblers had been considered because there was money in some of the expendable trusts that were expendable by the Selectmen. Mr. Tryon said that there would be a few requests coming before the Selectmen shortly.
Mr. Tryon said that someone had approached him from the semi-professional hockey team of
Ms. Casey asked about the fee structure. Mr. Tryon said the clinic was free, but the Town could sign up for additional games.
Mr. Pitts asked if there would be a liability waiver. Mr. Tryon said they had an insurance policy and he would ask them to forward a binder naming Pelham as co-insured.
VOICE VOTE: To allow Mr. Tryon to sign the agreement for the skate clinic. The Selectmen were all in agreement. (5 - 0 - 0)
Mr. Pitts said he had met with Richard Deal of Gregory Cook Construction Inc. who had been contracted by Tennessee Gas Pipeline to do the actual construction work for the gasoline. He said that Mr. Deal was looking for a place to put clean spoil (ledge) and asked if the Town needed the fill. He said he brought him to the area where several years ago the Town attempted to construct a ball field, behind the Coombs property. Mr. Pitts proposed using the clean fill at the location and place sand where needed to help construct a field. He informed that Mr. Dean would also donate either a half/full day of prime bulldozer work to level off the area and bring it pretty much to a field-like condition. He said once that was done, Mr. J.R. Gauthier could come in and fulfill the remainder of his contract. He ended by saying the small wetland area adjacent to the site had already been staked and the EPA has reviewed.
The Selectmen discussed the proposal. The type of fill was discussed as well as the safety issues involved with moving sand. Mr. Tryon noted that the entrance to
Ms. Casey suggested sinking a well an adding a sprinkler system and asked if Mr. Tryon would discuss during his negotiations. Mr. McDevitt felt the fill was the priority and was concerned with complicating the offer with discussions of adding a well. He also suggested that the Town Engineer review the site. Mr. Pitts felt that the people involved were competent to assess the area. He also noted that Mr. Gauthier had reviewed. Ms. Casey felt that the well should be addressed up front in the negotiations. Mr. Pitts said that they wouldn’t be creating a finished field, but would bring it closer to completion than the condition it was currently in. Mr. McDevitt wanted to make sure that any removal of sand was incidental.
There was a consensus by the Selectmen to have Mr. Pitts and Mr. Tryon work on an arrangement that was suitable for the Town but included the concerns of the Selectmen.
Mr. Tryon then gave a brief history of the parking plan at
Mr. Lynde discussed the entrance and wanted to know if consideration had been given to moving it further up the road. Mr. Tryon said CLD felt if would take away from parking and said that brush would be cleared to create a better viewpoint. Mr. Lynde then discussed the parking area. Mr. Tryon said there would be more poles added.
Mr. Farris suggested adding nets along the sidelines to stop balls from going into the parking lot so that more parking spaces could be utilized.
Mr. Bergeron discussed the possibility of other emergency access points near
Ms. Casey asked when the parking area would be complete. Mr. Tryon believed it would be complete at the end of June.
Mr. Lynde suggested plantings not just on the right, but also on the left side of the major league field. Mr. Tryon was in agreement.
Mr. Farris thanked the volunteers for continuing to create a nicer and safer place for the children to play.
Mr. Jim Greenwood, Cable TV, CTAC negotiating points and update
Mr. Jim Greenwood provided the Selectmen with a handout that outlined the CTAC negotiating points.
Ms. Casey asked if there were an ‘out’ or penalty clause. Mr.
Ms. Casey asked if future Town buildings would be covered. Mr. Greenwood said it was included in the current agreement and would be carried over. He said the only thing that might need to be done is additional wiring. Ms. Casey asked about the media classes at the high school. Mr. Greenwood said he had discussed with the schools what they were interested in and Attorney Peter Epstein provided information on how to proceed. Mr. Farris said certain items were contained on a ‘wish list’ so Adelphia would be aware up front.
Ms. Casey asked why Muldoon was not included on the parks list. Mr. Greenwood informed that Muldoon was already wired. Ms. Casey strongly recommended that the agreement included a provision to go back for negotiations if the Town created an additional park. Mr. Greenwood said he didn’t have a problem in the past with wiring.
Mr. Pitts suggested making sure that the agreement note ‘free drops and free monthly service’. Mr. Greenwood made note of the suggestion.
Mr. Lynde asked if the 860mz was only for cable television. Mr. Greenwood said that currently the Town was using 450mz. He then discussed the system and what it would be able to support. Mr. Lynde discussed the amount of time it would take to rebuild and asked if it had been agreed upon to extend the timeline from May 10. Mr. Greenwood said he would discuss with Counsel.
Mr. Farris discussed the possibility of sending out for another company. He said that Mr. Pitts had sent out an RFP and had received no response from other network providers. He said the system would have to be rebuilt by whomever came in.
Ms. Casey asked if upgrading the studio had been taken into consideration. Mr. Greenwood said it had, and noted that the move would mostly entail transferring equipment. He said the studio would need to be upgraded whether it stayed in the same location or moved. Ms. Casey discussed the line items listed. Mr. Greenwood said that the questions had been continually asked. Mr. Farris said that Adelphia hadn’t been forthcoming with information.
Mr. Farris asked if a performance date had been set. Mr. Greenwood said it hadn’t been set yet, but he would contact Attorney Epstein.
Mr. Pitts discussed the internet access stipulation and was concerned that Adelphia would be taking away internet access from Town offices, which is currently provided. Mr. Lynde discussed the federal fund for internet access provided to schools and municipalities. Mr. Pitts discussed the percentage Adelphia would receive and wanted to ensure that it would be based on the number of subscribers.
Mr. Farris suggested that any additional comments be provided to Mr. Greenwood prior to
Discussion of Warrant Article balances
Mr. Pitts discussed the Warrant Articles and informed that they were all good until the end of this year or until the end of 2002. He said there were two that had already lapsed, 1) the Fire Department dive team, and 2) Wildlife habitat fund.
Mr. Lynde asked about the status of the purchase of forestry, and the reforestation at Raymond Park. Ms. Casey asked that the dates for each of the Warrant Articles be reviewed. Mr. Pitts said he would review and report back next week.
There was a brief discussion regarding the report and the amounts noted. Mr. Pitts said he had instructed the finance department to add a column which shows the expiration dates.
Master Plan Survey
Ms. Casey had provided information from Town Counsel which stated the Selectmen were allowed to include the master plan survey with the tax bills. Mr. Farris asked to see a copy of the survey. Ms. Casey said she would inform that the survey would be allowed to be included with the tax bill only after it had been reviewed and acceptable by the Selectmen.
TOWN ADMINISTRATOR’S REPORT/SELECTMEN’S REPORT
Mr. Pitts said
Mr. Pitts said the Police Department felt it was necessary to add a stop sign at Shephard and Harley.
MOTION: (McDevitt/Bergeron) To have the Highway Department proceed with the installation of the stop sign requested at the intersection of Shephard and Harley.
VOTE: (5 - 0 - 0) The motion carries.
Mr. Bergeron informed that the compactor went through a minor alteration so that the conveyor would stop when the ram pushed a load. He said that it would possibly be on-line on
Mr. Farris said he had spoken with the Fire Chief regarding the paramedics and setting up the full-time department. The Fire Chief was encouraged with applicants. He said the Chief would then focus on hiring a code enforcement officer. He informed that there would be a department head meeting with Tennessee Gas
Mr. McDevitt informed that he had researched the alleged 75-year agreement with the Men’s Softball League and believed it was a ‘dead’ issue unless a copy of the agreement could be produced. The Selectmen briefly discussed the agreement currently before them. Ms. Casey said it would be added to a future agenda. Mr. McDevitt read an article in the newspaper about
Ms. Casey informed that the Police Department performed a mock drunk driving accident and trial to show the students at the High School who is effected in drunk driving incidents. She said that the re-opening of the Transfer Station would be
REQUEST FOR NON-PUBLIC SESSION
MOTION: (Lynde/McDevitt) Request for a non-public session per RSA 91-A:3,II,a & e (personnel and legal).
ROLL CALL: Ms. Casey-Yes; Mr. Farris-Yes; Mr. McDevitt-Yes; Mr. Bergeron-Yes; Mr. Lynde-Yes
Ms. Casey noted that when the Board returned, after the non-public session, the Board would not take any other action publicly, except to seal the minutes of the non-public session and to adjourn the meeting. The Board entered into a non-public session at approximately . Also present was Mr. Pitts.
The Board returned to public session.
MOTION: ( ) To seal the minutes of the non-public session indefinitely.
VOTE; ( ) The motion carries.
MOTION: ( ) To adjourn the meeting.
VOTE: ( ) The motion carries.
The meeting was adjourned at approximately pm.
Charity A. L. Willis