April 16, 2002

APPROVED – April 30, 2002






Mr. Greg Farris, Mr. Hal Lynde (arrived shortly after the meeting started), Mr. William McDevitt, Mr. Jean-Guy Bergeron, Mr. Richard Derby


Also present:



Mr. Pat MacQueen, Interim Town Administrator, members of the press and general public.




Chairman Farris opened the meeting at approximately 6:30 pm. 




April 4, 2002



(McDevitt/Bergeron) To approve the April 4, 2002 minutes as written.




(4 - 0 - 0) The motion carries.


April 9, 2002



(Derby/Bergeron) To approve the April 9, 2002 minutes as amended.




(4 - 0 - 0) The motion carries.




Mr. Bob Blinn, President, Pelham Little League informed that opening day of Little League would be held April 27, 2002 at Muldoon Park beginning at 9:00am.  He invited the Selectmen to open the ceremonies.  Mr. Blinn informed that volunteers had recently cleaned the playing fields at Muldoon.  He asked that dogs be banned from the playing fields because of the mess they made.  Mr. Farris said that the Selectmen would be discussing the situation later in the evening.




Interview and possible appointment to Parks and Recreation Advisory Board, Andy Vanti


Mr. Andy Vanti met with the Selectmen, seeking an appointment to the Recreation Advisory Board.  Mr. McDevitt said that Mr. Vanti was known in terms of the work he had done.  He was glad to see him come forth.  He said that Mr. Vanti had done tremendous work and appreciated the time he dedicated.  Mr. Derby also had known the candidate and said he had done a great job.



(Derby/Bergeron) To appoint Mr. Andy Vanti to a 3-year term on the Park and Recreation Advisory Board commencing April 1, 2002 and ending March 31, 2005.




(4- 0 - 0) The motion carries.


Geod Traffic Presentation Study


Mr. Chris Emelias and Ms. Chris Michauda of Geod Traffic Consulting met with the Selectmen to present the traffic study at the Pelham Common.  Mr. Emelias said a revised report had been submitted that included changes from the meeting in February.  He began by reviewing the report.  He noted that Geod had created three alternatives: 1) place a stop sign at Old Bridge Street North (northbound direction); 2a) signalizing Route 111a and Main Street; 2b) signalizing Route 111a, Main Street and Old Bridge Street; 3) roundabout. 


Mr. Emelias discussed the three alternatives.  He said with number one and two the Police/Fire station would remain, but in the third scenario the structure would need to be removed.  He noted that pedestrian movements were incorporated into the plans, although they did not seem to be high volume.  He said that they had also segregated, and added to the plan, the police reports for both property damage and personal injury.  He went on to explain the movement of traffic and where there were current difficulties of traffic flow.  Mr. Emelias said that the NRPC had studied the area in 1993 and updated the information in 2000, which is where Geod obtained their traffic counts (amp & daily) and ran different scenarios using the three alternatives.  He said Geod reviewed and showed delay times and cue lengths in their report. 


Mr. Lynde arrived.


Mr. Emelias said that Geod had calculated a 2.5% traffic growth rate per year, with a normal average being

1 - 1.5%.  The way Geod arrived at the figure was by taking a review the whole center (with NHDOT and NRPC) for the year 2002 and prorating the figures to the year 2020.  He said a no-build condition was also reviewed and the center would be choked by the year 2020.  He went on to review each of the alternatives and the ways each would effect traffic.  Mr. Emelias noted that the cost estimates for the alternatives: 1) cost for stop sign not included; 2a) $120,000; 2b) $235,000; 3) $255,000.


Mr. Bergeron questioned the roundabout alternative and wanted to know if the common would be removed.  Mr. Emelias said the common would be removed as well as the Police/Fire station.  He said the center of the roundabout could be used as a common area.  He also explained that roundabouts had a strong success because of the limited accesses.  Mr. Bergeron asked if the signalization would stay in focus.  Mr. Emelias said that the delay and traffic timings could be set based on peak traffic days and times. 


Mr. Lynde questioned the cue times and wanted to know how the stop sign would differ from signalization.  Mr. Emelias said it would be difficult to determine.  He went on to explain that stop signs would depend on the driver courtesy factor.  Mr. MacQueen noted that the proposed circle was similar in size to the central square circle in Keene, which had seven accesses.  Mr. McDevitt wanted to note that the reason the roundabout had been changed and moved because the initial design had the roundabout positioned in a way which would take land away from surrounding parcels.  Mr. Emelias believed that the Town owned enough land to create the proposed roundabout. 


There was a discussion regarding the current traffic situation and if, or when, a new plan should begin to be implemented.  The Selectmen also discussed Federal Transportation funding which had been available a few years ago.  Mr. MacQueen will research the availability of the funding. 


Mr. Lynde wanted to know the solution if the roundabout were to become unworkable.  Mr. Emelias said that a roundabout would be limited to the geometry, but a signalized intersection could always be expanded. 


Mr. Lynde suggested that NRPC review the alternatives.  He also suggested seeking the Master Plan Committee’s comments.  Mr. MacQueen believed the CIP should also review.  Mr. Emelias pointed out that because Route 111a was state owned, the state should be involved.  He suggested presenting the preferred alternatives and how funding would occur. 


There was a brief discussion regarding the implementation of stop signs until something more could be done.  Mr. Emelias was nervous about adding a three-way stop condition, and recommended that it be implemented on a trial basis.  He suggested adding additional signage that forewarned drivers of the change in the upcoming intersection.  Mr. Emelias noted that the alternatives provided a fairly significant improvement of traffic operations through the year 2020. 




Municipal Project - Breadloaf Draft Agreements


Mr. MacQueen provided the Selectmen with a copy of the Breadloaf agreement that Town Council had made comments to.  The agreement had been faxed to Breadloaf earlier in the day and did not yet have an opportunity to respond. 


Mr. Lynde was concerned with the delay in starting the project and the possibility of added costs.  Mr. Farris said that the Town could speak to Citizen’s Bank regarding options.  Mr. MacQueen noted that obtaining a note from Citizen’s Bank would not be an option, they wanted a clear opinion regarding the ongoing litigation of Senate Bill 2.  Mr. McDevitt was concerned that the legality of the vote was still being challenged.  He had a level of discomfort with proceeding.  Mr. Lynde said that Attorney Graham felt that the issue would be resolved within a month.  He said that the Warrant Article raised money and withdrew money from the Capital Reserve.  He said the amount in the Capital Reserve would be more than adequate to cover the first phase costs (design and specs).  He felt the first phase should be started as soon as possible.  Mr. Farris said that the Town had access to the $700,000.  He went on to discuss the Senate Bill 2 and what steps the Town could complete before it was resolved.  He said he would like to find out the time frame for appeals.  Mr. Lynde felt that the sooner the bid specs were done, the Town would be ready to proceed if the litigation were suddenly resolved. 


Mr. McDevitt agreed that the sooner the project was started, the better because construction costs would rise.  Mr. MacQueen felt there was no reason to not proceed with the Capital Reserve money to complete the design and specification to put out to bid.  Mr. Farris noted that if there were a delay in obtaining the funding and the cost was more than originally projected the Town could have a vote for additional funding, and if turned down, the Town could complete the building with the amount of money the Town had. 


Mr. Farris asked if Breadloaf would provide feedback to Attorney Graham by next week.  Mr. MacQueen was hopeful that comments would be received. 


Mr. McDevitt noted that Breadloaf was planning to review the school again on April 24, 2002. 


Municipal Project - CLD Memo on Surveying


Mr. Farris said that a memo had been received from CLD (Town Engineer) that provided options and timelines for work to be done.  He said that the site plan base plan would cost $6,900, but would not include a survey.  Mr. Bergeron asked if there were existing surveyed plans.  Mr. McDevitt said he had provided some materials from the Assessor as well as plans from around the area (received by Mr. William Hayes).  He said if a full boundary survey was to be done, they would not be able to use the information forwarded. 


Mr. Bergeron asked if the Planning Board would review the plans.  Mr. Farris said that even though it was not required by law, the intent was to provide the Planning Board with a copy of the plans.  Mr. MacQueen said if there was going to be a traditional site plan review, a boundary survey would be needed.  He recommended that the plan be reviewed by the Planning Board as sited in RSA 674:54.  Mr. Bergeron also felt that if there were any abutters, they should be notified.  


Mr. Farris said that Breadloaf would need a site plan for the initial design process.  Mr. McDevitt recommended that the Town move forward with CLD’s proposal.  Mr. Farris wanted it noted where the $6,900 would come from.  Mr. Lynde said it would come from the building Capital Reserve Fund.  Mr. McDevitt made a motion to accept CLD’s proposal (with the funds to come from the Capital Reserve Fund).  Mr. Lynde seconded.




(McDevitt/Lynde) To accept the proposal from CLD to prepare a site plan/base plan (paper copy and Auto Cad 14 electronic copy) for a fee of $6,900, and would include the items mentioned in Mr. Tom Sommers letter of April 9, 2002.




(5 - 0 - 0) The motion carries.


Mr. McDevitt said that CLD was willing to conduct inspection services (for an estimated fee of $25,000).  He said that Attorney Graham had also previously recommended that both the Building Inspector and CLD perform intermittent construction inspections.  Mr. Farris suggested that a flow chart be created that listed both anticipated and actual costs.  Mr. MacQueen will have Mr. Blanchette create a form. 


Acceptance of Deed for Land from Benoit Subdivision


Mr. MacQueen said that there was a clear intent of the Selectmen to accept approximately 18 acres from the subdivision, but the Selectmen had never accepted it.  Attorney Graham had reviewed and found a mortgage against the deed for $150,000, which will need to be cleared up before its brought back to the Selectmen. 




Opening of Highway Bids


Mr. Farris opened and read aloud the bids for truck body repair and paving.  The bids will be forwarded to Mr. Don Foss for review.


Request to sell Town surplus property


Mr. MacQueen said that an inventory was made of surplus materials collected from all the departments.  He discussed the options the Town had to sell the property as follows: 1) accept sealed bids; 2) hold public auction.  He informed that the state would be holding an auction May 18, 2002, but all the materials would need to be brought to the location.  The suggestion was made to contact the auctioneer used at Old Home Day.  There was a brief discussion regarding what action was to be taken.  Mr. MacQueen will contact the Old Home Day auctioneer.




(McDevitt/Bergeron) To establish an auction of surplus property as described in Mr. MacQueen’s memo to the Selectmen, dated April 12, 2002, along with subsequent addition from the Police Department.




(5 - 0 - 0) The motion carries.


The date will be publicized once an auctioneer informs of availability. 


Department Schedule of Warrant Article Prosecution


Mr. Farris said that answers from all departments regarding Warrant Articles had been received.  Mr. McDevitt noted that the Senior Center still needed to submit information regarding the handicap ramp and roof.  He said it was being worked on.  Mr. MacQueen will follow up. 


Request from Pelham Fuel Company


Mr. MacQueen said that Pelham Fuel Company had tanks that could be disposed of at the Transfer Station with no impact or cost.  He said that Mr. Bruce Mason did not have a problem with accepting the tanks.  Mr. MacQueen felt the approval should be conditioned upon the clear right to terminate the service if any impact or cost materializes. 


There was a brief discussion regarding the current exchange of tanks between the Transfer Station and Pelham Fuel Company.  Mr. Bergeron said that the Fire Chief believed accepting the tanks was a good idea.  He reported that there was a fenced area (with extinguishers) at the Transfer Station, which would be a safe place to put the tanks. 


Mr. Derby made a motion to accept the fuel tanks from Pelham Fuel Company at the Transfer Station.  Mr. Lynde seconded.  Mr. McDevitt noted that the Town did not have a history of accepting commercial trash and this situation was a break in tradition, even though the trash was mostly generated by Pelham residents.  Mr. MacQueen felt that the motion should also include that the Town would terminate the arrangement at any time there started to be an impact or cost association to the Transfer Station.  Mr. Derby amended his motion.  Mr. Lynde amended his second. 




(Derby/Lynde) To accept the fuel tanks from Pelham Fuel Company at the Transfer Station.  The arrangement will be terminated if there starts to be an impact or cost association to the Transfer Station. 




(5 - 0 - 0) The motion carries.


Consideration of Pet Restrictions on Fields at Muldoon park


Mr. Farris said that he had been contacted regarding owners not cleaning up after their dogs at Muldoon Park.  He said there were dry paths and trails that people could walk their pets.  He said it was requested that pets (leashed or otherwise) not be allowed on playing fields.  There was a brief discussion regarding the Town having the ability to have a penalty. 


The Selectmen discussed the proposed policy drafted by Mr. MacQueen and made slight amendments.  The intention was to extend the policy to all playing fields at Town parks and playgrounds. 




(Derby/Bergeron) To accept the policy proposed by Mr. MacQueen and as amended at this meeting.




(5 - 0 - 0) The motion carries.


Mr. Lynde noted that Article 47 in the codebook stated that a fine could be charged of not less than $10 and no more than $25.  The Article will be included in the codebook.  Mr. Bob Tryon will post signs at all parks. 


Spring Street Extension Financing


Mr. MacQueen said the Town had set up a betterment assessment district for improvements to Spring Street extension.  He said that CLD (Town Engineer) had done some work and wanted to know where the money for payment would come from.  He said that RSA 32:11 could approach the DRA and ask for expenditure from unappropriated fund balance.  He said if the DRA approved, the Budget Committee would also approve.  He asked that the Selectmen let him begin the process.




(McDevitt/Lynde) To authorize Mr. MacQueen to begin the approval process.




(5 - 0 - 0) The motion carries.


There was a discussion regarding the betterment assessments.  Mr. Lynde noted that it included the cost plus interest costs over a five-year period.


Codification Review


Mr. MacQueen provided the Selectmen with recommended changes to the codebook.  He had been told by the Health Officer that a section of the codebook did not contain up to date information.  Mr. MacQueen said that he would speak with the department heads at the next meeting to ensure that the information in the codebook was up to date. 


Mr. Farris asked that any additional comments should be submitted to Mr. MacQueen for review at the next Selectmen meeting.  He asked that Selectmen also contact the boards they are representatives to for any additional comments.  Mr. Farris asked if the Town would receive a CD-ROM copy of the code.  Mr. MacQueen was unsure.  Mr. Farris noted that if the Town received a CD-ROM updates could be made easier. 


Pelham Website


Mr. Farris said that there was a request to allow advertising to the Town website message board.  He noted that the Town seal was included on the message board.  He questioned if the Town seal should be removed so the Town wouldn’t be perceived as endorsing the advertisements.


There was a brief discussion regarding the Town website and the fact that it was not controlled by Town government. 


Mr. McDevitt made a motion to request that Mr. Jim Greenwood (website creator) remove the Town seal from the message board.  Mr. Bergeron seconded the motion. 


Mr. Jim Greenwood contacted the Selectmen via telephone during the meeting and informed that he removed the Town seal from the message board.  Mr. McDevitt withdrew his motion.  Mr. Bergeron withdrew his second. 




Mr. MacQueen informed that he received a request for the Adelphia franchise agreement to be extended 120 days (expiring August 28, 2002).  He asked that the Selectmen grant the extension and authorize Mr. Farris to sign the extension.  Mr. Farris said that Adelphia had transferred the negotiations to a non-attorney and Attorney Epstein would continue negotiations. 




(Lynde/Bergeron) To grant a 120-day extension (expiring August 28, 2002) of the Adelphia franchise agreement and authorize Mr. Farris to sign.




( 5 - 0 - 0) The motion carries.


Mr. MacQueen asked the Selectmen to sign a proclamation recognizing Mr. Paul William Shea who earned his Eagle Scout badge.  He said CLD (Town Engineer) sent a memo asking that the Selectmen assist in collecting engineering fees in connection with the school’s inspections.  He said that once he received the figures, he would discuss further with the Selectmen.  Mr. McDevitt believed it might be the school’s expense.  Mr. MacQueen will research the issue.  Mr. MacQueen ended by informing that the agenda would now have a second page that listed action issues so items could be easily tracked. 


Mr. Bergeron said he met with Mr. Bruce Mason of the Transfer Station who said they were cleaning up the waste oil area and adding new soil.  He said the refracting was shipped out and the tests came back good.  He said the back of the building clean up was nearly done.  Mr. Bergeron said that Chief Fisher wanted to remind all residents that as of April 1, 2002 open burning was not allowed between 9am-5pm, with the exception that permits would be issued when it is raining (not misting), and would be valid for one day. Dial 911 to report a fire, or dial 635-2703 with all other business.  Mr. Bergeron ended by discussing the cases heard during the last Board of Adjustment meeting held April 8, 2002. 


Mr. Lynde informed that the Planning Board held a work session April 15, 2002.  He discussed what the Planning Board reviewed.  On a side note, he informed that he requested that the Planning Board to reconsider a conditional approval of a subdivision off Dutton Road based on information received by Mr. Orff of NH Fish and Game.  He said the Planning Board agreed because they heard testimony from the developer’s agent that directly contradicted information provided by Fish and Game.


Mr. Derby had no report.


Mr. McDevitt noted that oil tanks were included on the list of Town surplus.  He recalled Mr. Tryon possibly needing to replace an underground or half-buried oil tank at Elmer G. Raymond park.  He asked that Mr. MacQueen research.  Mr. McDevitt asked that an agenda item be added to discuss the pay of the current Town Clerk/Tax Collector.


Mr. Farris reiterated that CTAC would be requesting a meeting with Adelphia to review the agreement.  He discussed the addition of a second page to the agenda and how it would help track issues. 





(McDevitt/Bergeron) Request for a non-public session per RSA 91-A:3,II,a & e (personnel & legal).




Mr. Farris-Yes; Mr. Lynde; Mr. McDevitt-Yes; Mr. Bergeron-Yes; Mr. Derby-Yes


Mr. Farris 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 9:45 pm.  Also present was Mr. MacQueen.


The Board returned to public session at approximately     pm.




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




(  - 0 - 0) The motion carries.




MOTION:           (              ) To adjourn the meeting.


VOTE:                 (  - 0 - 0) The motion carries.


The meeting was adjourned at approximately    pm.


                                                                                          Respectfully submitted,


                                                                                          Charity A. L. Willis

                                                                                          Recording Secretary