APPROVED

 

TOWN OF PELHAM

BOARD OF SELECTMEN MEETING

MINUTES

October 29, 2002

APPROVED – November 1, 2002

 

CALL TO ORDER

PLEDGE OF ALLEGAINCE

 

PRESENT:

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

 

Also present:

 

ABSENT:

Mr. Tom Gaydos, Town Administrator, members of the press and general public.

 

None.

              

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

 

MINUTES REVIEW

 

None.

 

OPEN FORUM

 

None.

 

APPOINTMENTS

 

None. 

 

OLD BUSINESS

 

Municipal Building - Planning Board Comments

 

Mr. Farris reviewed the comments discussed and submitted by the Planning Board from their public hearing in connection with the Municipal Building project.  The comments were as follows: 1) adding secondary turning lane for access onto Marsh Road and making the road one way for traffic flow - Mr. Gaydos said that making the road one way may inhibit the site of the drivers pulling in, due to the meeting house foundation found.  He said other issues were practicality of building access and the possibility of excess speed.  Mr. Farris suggested adding a removable speed bump for traffic calming.  Mr. McDevitt said that he could argue either point, but did not have strong feelings either way.  Mr. Bergeron suggested lowering the foundation for better site distance.  He was concerned that the headlights of exiting traffic would shine into the homes of the people across the street.  He asked if consideration could be given to angling the exit.

 

Mr. Lynde arrived.

 

Mr. Farris continued his review of the Planning Board comments: 2) consider keeping paved area next to the public meeting room area for additional parking - Mr. McDevitt said that a second review of the parking was being done; 3) reverse traffic flow of the Police Department sally port - the Police Chief input was needed; 4) reminder to add adequate hb/ac for the proposed computer room; 5) determine property edge with abutter lot lines - Mr. McDevitt said that he would provide the Planning Board with a plan he received at the last building meeting which indicated the abutter distances.  Planning Board Chairman, Mr. Victor Danevich said the abutter was concerned with the trees being cleared.   6) consideration of blending the landscaping at the exit of the village green - Mr. McDevitt said that when standing at the exit, the cemetery could not be seen.  7) consideration for crosswalk locations - Mr. Farris said that once the roadway was complete, the Police Chief would provide recommendations.  8) voluntary construction hours - Mr. McDevitt said that Breadloaf stated at the meeting that construction hours would be between 7am to 3pm or 4pm (engines would not be started up before 7am).  He said it was unlikely that any work would be done on Saturdays and they would not be doing any work on Sundays.  9) Gibson Road traffic flow - Mr. Farris said that Gibson Road was a two-way road for residents on the road, but one-way for other traffic using as access between Marsh Road and Old Bridge Street North.  Mr. Danevich suggested changing the signage for clarification.  10) consideration for additional traffic control measures, such as signage, turning lanes and blinking lights - Mr. Farris believed that Police Chief would review once the final traffic pattern for the building was determined.  11) ensure that unsightly drainage swales would remain at the back of the property - Mr. McDevitt believed that the concern may have gone away.  He said that there would not be any swales except for behind the parking area.  12) no negative abutter impact regarding drainage - Mr. Farris believed the concern had been answered at the public hearing when Breadloaf informed that there would be no additional flow going through the existing drainage pipes. 

 

Mr. Danevich asked a brief letter from the Selectmen so that the Planning Board could respond to the abutters regarding their concerns.  

 

Municipal Building - report

 

Mr. Gaydos said that the Building Committee had met and ensured that the lines of communication remained open between Breadloaf and the Fire and Police Chief.  He said some questions had been raised by Mr. Bergeron regarding insulation, which would be discussed at the meeting held on Thursday.  Mr. Bergeron said his question was the insulation as well as the size of the stud. 

 

Mr. McDevitt said there were two open issues needing to be addressed, one being the location of the Cable TV control room.  He reviewed the possibility of utilizing a portion of the kitchen, which meant the dishwasher would need to be removed.  He said another possibility was using a portion of the open hallway.  Mr. Gaydos discussed the possibilities of using one of the two rooms above the stage area.  There was a brief discussion regarding the use of a portion of the kitchen for the Cable TV control room.  Mr. McDevitt said that there was a possible conflict with the current computer room.  He said that the room currently designated space for the MDF (main distribution frame) ‘computer room’ was too small.  He said there were a couple options, 1) expand the room into one of the offices, which would mean the Park & Recreation Director would not have an office, or 2) use a portion of the kitchen.  The Selectmen discussed where the computer room could be located, including the possibility of utilizing one of the rooms above the stage area.  Mr. Danevich cautioned against using the rooms above the stage area.  He noted that the rooms were not in compliance with ADA and the fact that the equipment would be rack mounted, which had an increased loading per square foot and last, consideration needed to be given to the distance of the MDF from the areas needing access.  He said that the Technical Review Group reviewed various options and recommended that the MDF room be centrally located, possibly with an outside wall for easy cabling access.  He said that the space needed would be approximately 9ft x 12ft, (110SF), which was the original request. 

 

Mr. Gaydos informed that there would be a meeting with Breadloaf Thursday in which the MDF room location could be discussed. 

 

Mr. Farris noted that any warrant articles needed for the first six months of operation of the Municipal Building should be reviewed. 

 

Mr. McDevitt said that the Building Committee reviewed the Municipal Building site and asked that the Selectmen also review the site. 

 

Mr. Bergeron asked if the loam being piled on the site would be used, or if there would be an excess.  Mr. Farris understood that the loam would be spread on final grade and anything left over would be kept at the back of the field to be used as needed. 

 

Legal Budget & Planning Board request

 

Mr. Gaydos said that he received correspondence from the Planning Board Chairman regarding their legal budget.  Mr. Farris said that the Planning Board had requested that $15,000 be added to the Planning Department’s budget.  He said the question was if the amount should be line item, or if it should be part of the Selectmen’s budget. 

 

Planning Board Chairman, Mr. Victor Danevich met with the Selectmen to discuss the request of the Planning Board.  He submitted a memo to the Selectmen that provided the backup history for how the request came about.  Mr. McDevitt believed that the initial reasoning behind the added legal budget was for review of applications.  He was unclear why an increase was needed for the legal budget, if the review was part of the normal charge of business.  Mr. Danevich said that the previous Planning Director had submitted the request, and he was following through on the action item.  He read a portion of RSA 673:16, part 1, which the previous Planning Director interpreted as granting the Planning Board the authority retain their own legal counsel on their behalf.  Mr. Gaydos reviewed the RSA and believed that the interpretation was that the Planning Board could retain their own counsel, if the funds were appropriated by the governing body (Selectmen).  He went on to explain how he envisioned the files within the Planning Department, which would help alleviate some the research when subdivisions were being done. 

 

Mr. Farris said he was concerned with the Planning Board having a separate counsel from the Town, since the Selectmen were usually named in suits dealing with Town issues.  Mr. Danevich said the Planning Board was flexible and believed there were multiple options.  Mr. Gaydos discussed the strategies outlined by Mr. Bobula (gentleman hired to create an organizational plan for the Town). 

 

Mr. Lynde said he was willing to support the budget request with offset fees.  Mr. Gaydos explained that there was no need for offset fees.  He said the process could be done similar to that of hiring a third party engineering firm, such as starting an escrow account for legal review. 

 

Mr. McDevitt questioned when legal review would occur, such as 1) when questions arose in connection to a specific application, and 2) queries by the Planning Board members which needed to be addressed, that may not be chargeable to a specific development.  Mr. Danevich said that the questions posed to legal could be tracked to an active application.  Mr. Gaydos said that when the Planning Board had a concern, they should go to the Planning Director for the answer.  He said that he worked closely with the Planning Director.  He discussed the process in which legal counsel could be requested.  Mr. McDevitt confirmed that, at this point, the Planning Board did not need additional budget, they could charge-back directly to the applicant. 

 

Mr. Farris asked Mr. Danevich to work with Mr. Gaydos to set up a time for the Selectmen to meet with the Planning Board for a discussion clarifying the roles of each board.  He said any concerns should be noted so that any/all concerns could be facilitated in one meeting. 

 

Mr. Danevich said that he would be interested in how the Planning Department would be structured.  Mr. Gaydos said that Mr. Bobula’s phase two draft had been submitted and was in the process of being reviewed.  Mr. Farris asked that Mr. Bobula be placed on the Selectmen’s agenda in two weeks.         

 

Hawker/Peddler License - Mr. Jeffrey Burke

 

Mr. Farris informed that a request for a renewal of Mr. Jeffrey Burke’s Hawker/Peddler license had been received.  He said that procedurally applications went to the Planning Director, Fire Chief and then to the Selectmen, but because the application came late in the afternoon, it would be reviewed by the Selectmen first.  He noted that the application would still have all the required signatures. 

 

There was a consensus from the Selectmen to renew Mr. Jeffrey Burke’s Hawker/Peddler License and sign the application.   

 

NEW BUSINESS

 

Layout of roads

 

Mr. Gaydos said that prior to his arrival in Town, there had been two petitions received, one being a layout and betterment project for Spring Street, and the other being for Campbell Road.  He said that an estimate had been received from an engineering firm for the work on Spring Street, but several months later came back and informed that the cost had been underestimated.  He said that the Planning Director had reviewed the area and informed that there were serious drainwater/stormwater issues.  Mr. Gaydos said that a public hearing would be needed for Campbell Road.  He said that the residents in the area were anxious to receive the estimates. 

 

Mr. McDevitt said that Spring Street had a public hearing.  He said that there should have been a warrant on the 2002 ballot.  He said originally it was decided to take the money from the fund balance, which was approved by the Budget Committee.  He said since the time it was approved, the Town had been informed by CLD (Town’s engineering company) that a mistake had been made and the cost would be higher.  He reminded that December 2, 2002 was the deadline for warrant articles.  Mr. McDevitt believed that legal counsel review may be needed.  Mr. Gaydos said that he was waiting for legal opinion.  He didn’t feel that the change was a significant amount.  It was believed that the original amount was approximately $200,000 and the new amount for the work would be approximately $210,000.  He said that the plan was in the process of being reviewed by the Planning Director.  There was a discussion regarding how the warrant article should be drafted.  Mr. Gaydos ended by saying the item had been added to the agenda to keep the Selectmen updated on the progress. 

 

Eagle Scout Proclamation for Derrick Baker

 

Mr. Farris informed that Mr. Derrick J. Baker of Boy Scout Troop 25 had earned the rank of Eagle Scout.  His Eagle Scout project was landscaping and upgrading the outside of the Senior Center Facility.  It was noted that Mr. Baker’s Eagle Scout ceremony would be held at Harris’ Inn November 24, 2002 at 1pm.  There was no objection to having Mr. Gaydos draft a proclamation for the Selectmen to sign. 

 

TOWN ADMINISTRATOR’S REPORT/SELECTMEN’S REPORT

 

Mr. Gaydos recommended that the current meeting should be recessed until Thursday, October 31, 2002, 10:30 am, which was when the tax rate would be decided upon.

 

Neither Mr. Bergeron nor Mr. Lynde had a report.

 

Mr. Derby informed that the work had begun on Pulpit Rock Road for the drainage culvert.  He informed that he had read an article in the newspaper that Windham and Merrimack were interested in the possibility of a regional water commission, which he felt warranted a discussion.  He said he also would like Mr. Gaydos to contact the DOT regarding the Town center traffic study.  Mr. Derby ended by requesting that the Selectmen discuss the abandoned buildings in Town.

 

The Selectmen discussed the status of the Town center traffic study.  Mr. Gaydos will review the report presented to the Selectmen in March.  Mr. Lynde discussed the widening of Route 93 and believed that the Town should find out if there were any funds for the Town.  There was a discussion regarding what steps should be followed regarding the Route 93 project.  Mr. Gaydos said he would contact DOT and find out what the Town could expect for assistance. 

 

Mr. McDevitt mentioned that the Budget Committee held a meeting and would be voting on Town budgets Thursday night.  He discussed what items were discussed in detail by the Budget Committee. 

 

Mr. Farris read aloud a memo forwarded by the Police Chief updating the OHRV enforcement at Raymond Park.  He summarized a memo also submitted by the Police Chief regarding Mammoth Road safety per NHDOT.  He reminded residents that Trick or Treating would be between the hours of 5pm - 8pm Thursday.  Mr. Farris ended by reminding residents that November 5th was election night and that people should get to know the candidates. 

 

REQUEST FOR NON-PUBLIC SESSION

 

MOTION:

(Derby/Lynde) Request for a non-public session per RSA 91-A:3,II, e (legal)

 

ROLL CALL:

 

Mr. Farris-Yes; Mr. Lynde-Yes; 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 recess the meeting until Thursday, October 31, 2002 at 10:30am.  The Board entered into a non-public session at approximately 8:45pm.  Mr. Gaydos was also present during the non-public session.   

 

The Board returned to public session at approximately 9:30 pm.

 

MOTION:

 

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

 

VOTE:

 

(5 - 0 - 0) The motion carries.

 

RECESS

 

MOTION:

(Derby/Lynde) To recess the meeting until Thursday, October 31, 2002, 10:30am.

 

VOTE:

 

(5 - 0 - 0) The motion carries. 

 

The meeting was recessed at approximately 9:30 pm.

 

                                                                                          Respectfully submitted,

 

                                                                                          Charity A. L. Willis

                                                                                          Recording Secretary