APPROVED

 

TOWN OF PELHAM

BOARD OF SELECTMEN MEETING

MINUTES

April 29, 2003

 

 

CALL TO ORDER

PLEDGE OF ALLEGAINCE

 

PRESENT:

Mr. Harold Lynde, Mr. William McDevitt, Mr. Richard Derby, Mr. Jean-Guy Bergeron,

Mr. Victor Danevich

 

Also present:

 

ABSENT:

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

 

None.

              

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

 

MINUTES REVIEW

 

April 15, 2003

 

MOTION:

(Derby/Bergeron) To approve the April 15, 2003 meeting minutes as amended.

 

VOTE:

 

(5 - 0 - 0) The motion carries. 

 

The changes to the minutes were as follows: page 2 - spelling correction for the word ‘drought’; the word ‘constructing’ shall be added so the sentence will now read ‘possibility of constructing basketball courts’. page 3 - add ‘)’ to close the motion; change ‘Mr. McDevitt asked to be the Selectmen’s Representative’ to read ‘Mr. McDevitt was appointed as Selectmen’s Representative’. New Business - ‘approved the maintenance of Town fields’ shall now read ‘approved the maintenance of Town fields by a private contractor’. page 5 - add the word ‘wall’ after the word retaining. Above Town Administrator report renting a trailer and ‘negotiating lower trash tipping fees’.  The Board ‘may’ take additional action.  The meeting was brought to public session by a vote from McDevitt/Danevich at 9:15pm; The Board adjourned the meeting by a vote from McDevitt/Danevich at 9:25pm. 

 

OPEN FORUM

 

Mr. Bob Blinn, President of the Little League invited the Selectmen to opening day, May 3, 2003 at 9am.  He noted that New Hampshire Chronicle television show would be taping the event.  He asked that the Selectmen sign the opening pitch baseballs.  He also noted that the lights had arrived and would be installed in the next couple weeks.  Mr. Blinn said the woods had been cleaned out and said that Boyden Landscaping was doing a fantastic job with maintenance. 

 

Mr. Leo Doherty, 45 Robin Road said that the engineers had reviewed the Robin Road area and wanted to know when the Selectmen would provide the residents with the information.  Mr. Gaydos said that the engineers had forwarded a report for the Selectmen to review.  Mr. Lynde said the residents were welcome to review the report.  He said that the Selectmen wanted the opportunity to review the report and would possibly have further discussion at the next scheduled meeting. 

 

APPOINTMENTS

 

Interview for Parks and Recreation Advisory Board position

 

Ms. Elizabeth Schedeler said that she had been on the Raymond Park Advisory Board and active in the Boy Scouts.  Since she would not be involved with the Boy Scouts in a couple months, she was seeking a different volunteer position.  Ms. Schedeler noted that she was certified to teach OHRV safety.  The Selectmen thanked Ms. Schedeler for her volunteerism.

 

MOTION:

 

(Derby/Danevich) To appoint Ms. Elizabeth Schedeler to a position on the Park and Recreation Advisory Board with a three-year term to expire 2006.

 

VOTE:

 

(5 - 0 - 0) The motion carries.

 

Ms. Schedeler was asked to go to the Town office to be sworn in as a Park Advisory member.

 

Street Names, Chief Fisher

 

Fire Chief David Fisher met with the Selectmen to review the status of the street naming project.  He said that Mr. Cheney (Enhanced 911) was unable to attend, but would possibly be available at the next Board meeting.  He said that Mr. Cheney had suggested that any streets to be renamed should be renumbered at the same time.  At a later date the remaining streets in Town could be renumbered.  Chief Fisher said that per state statute the streets would need to be named within a timely fashion.  He said E911 may take up to a year and a half before they would be able to renumber the entire Town. 

 

Chief Fisher handed the Selectmen with a document that showed a list of previously approved street names, as well as the list of street names yet to be discussed at a public hearing, which would then be ready for approval. 

 

Mr. Lynde asked if a process was in place for numbering new subdivisions in accordance with E911.  Chief Fisher said he believed a process (as outlined by the Safety Committee) was already in place for new subdivision.  Mr. Lynde asked that documentation be forwarded to the Planning Board so they are aware of the system being used for numbering. 

 

Chief Fisher reviewed the list of street names that were not yet approved.  He said the Selectmen’s minutes conflicted with notes taken at the last public hearing regarding Valley Forge Drive.  He said that his notes did not reflect Valley Forge Drive being changed and approved to Monticello Drive, but the Selectmen meeting minutes showed that the Selectmen approved the change with a 5-0 vote.  There was a brief discussion regarding Willowvale Avenue, which ended by a decision to change the name to Fairview Drive.    

 

Mr. McDevitt asked how the notification process would be conducted.  Chief Fisher said that the entire notification process would occur, which included a public hearing.  He said each time a road name changed, a public hearing would be held. 

 

Mr. Lynde said that he received a letter from a resident in the Oak Hill subdivision who felt that Jay Bird Lane had a negative connotation.  The resident provided street name suggestions and asked that the name be changed.  Mr. Lynde said that Jay Bird Lane would be added to the list of street names for public review. 

 

Mr. McDevitt said that he spoke with the resident on Gibson Drive, who requested that the street name be reviewed again.  The resident suggested that the street be changed to the name of a tree, which Mr. McDevitt will provide to the Fire Chief for inclusion on the public hearing list. 

 

Mr. Lynde said at the last public hearing the question was raised regarding impact costs to residents.  Mr. Gaydos said he received a letter from Attorney Zimmerman, a land-use attorney, who informed that street name and number changes did not affect deed descriptions.  A land lot of record is described by a map and lot number, not by a street name and number.  Mr. Lynde asked the timeline for completion.  Chief Fisher said that the actual changes would need to be discussed with the E911 representatives at the next meeting.  He said the street name approvals could occur as soon as a public hearing could be scheduled. 

 

Mr. McDevitt asked if the project would be complete once the names on the list were approved.  Chief Fisher believed that the list was complete.  There was a possibility of a street or two that may need to be changed.  Mr. Lynde wanted to ensure that street names within subdivisions not yet approved by the Selectmen are included for the Fire Chief’s review.  Mr. Danevich will forward a road list of names being tracked by the Planning Board to the Chief.  Chief Fisher noted that NRPC was currently drafting a new Town map, which should be complete by the end of summer.         

 

It was brought to the Selectmen’s attention by Mr. Greg Pelletier (Partridgeberry Lane) that Partridgeberry Lane had been discussed at the last public hearing and the suggestion for the name was not Boxwood Drive, but rather Primrose Lane.  He noted also that the suggestion for Tall Oaks Drive was Stone Wall Drive, not Magnolia Drive.  In the notification to the residents, the name Primrose Lane will be the proposed name for Partridgeberry Lane, and Stone Wall Drive will be the proposed name for Tall Oaks Drive. 

 

Burning Permits

 

Fire Chief David Fisher informed that as of April 1st outside burning written permits were required.  He said that burning was not allowed between 9am - 5pm, Monday through Sunday (unless it was raining and written permission was granted by the Fire Department).  He said that burning was allowed, with a permit, after 5pm, if the weather allowed.  However, if any complaints were received, burning would not be allowed (even if a written permit had been issued).  Chief Fisher reminded residents that container burning was not allowed.  He said that the only materials allowed to be burned were clean wood, brush, branches or twigs.  He asked residents to be careful when burning and noted that citations could be issued if there was illegal burning. 

 

Mr. Danevich read a memo which informed that Firefighter Richard Hannegan, Fire Prevention Officer, had successfully completed the CERT training course.  Fire Chief Fisher said that the Fire Department would hold a fair at the station to better inform the community of the offered fire services.  He was proud that Firefighter Hannegan was one, of three people in the state that had completed the CERT course.   

 

OLD BUSINESS

 

Municipal Building

 

Mr. Gaydos had a manifest for construction services which represented 90% completion for the amount of $670,155 (phase II construction) that he asked the Selectmen to sign. 

 

Mr. McDevitt informed that checks had been received for half of the trees on the Village Green.  He said there were a few good opportunities remaining. 

 

Mr. McDevitt discussed the deed for the Mills property and the requirement for a tree buffer along Sawmill Road.  He said that five hundred spruce seedlings had been ordered through the state and would need to be planted.  He said he would put a call out for volunteers in the upcoming week to plant the seedlings.  He said that he would have Mr. William Hayes show him the buffer lines.

 

Mr. Lynde asked the status of the RFQ for wiring.  Mr. Gaydos said that changes had been made and the ad would go out this week. 

 

Tree on Maple Drive

 

Mr. Lynde read aloud a letter submitted by Mr. John Ferguson (who in the past was employed to review the Town Forest).  The letter described the status of the tree on Maple Drive.  Mr. Ferguson believed the tree would leaf for the next several years, but would slowly die in time.  Mr. Lynde said he discussed the issue with Mr. Gaydos and believed the sentiment was to prune the tree and watch its status.  The Selectmen discussed the tree and agreed to not cut it down.  The cost for pruning was then discussed, and it was decided to pay half the cost (the estimate was $500) and the residents would be responsible for the remaining half.  Mr. Gaydos will contact the spokesperson and inform of the Board’s decision. 

 

NEW BUSINESS

 

Administrator’s contract

 

Mr. McDevitt reviewed some of the paragraphs within the Town Administrator’s contract.  He believed the contract provided the Town and Mr. Gaydos protection.  He said that Mr. Danevich had suggested some changes to the paragraphs, which would have been more applicable to the private sector.  He noted if the contract were approved by the Selectmen it would be retroactive from April 1, 2003 since it had been discussed for quite awhile.  Mr. Lynde believed that the current contract was fair, and would protect both Mr. Gaydos, and the Town.  There were no further comments.   

 

MOTION:

 

(McDevitt/Derby) To sign the Administrator’s contract. 

 

VOTE:

 

(5 - 0 - 0) The motion carries.

 

Paving and Crack Sealing Bid Awards

 

Per the recommendation of Highway Agent Don Foss, the Selectmen made the following motion:

 

MOTION:

 

(Derby/Bergeron) To award the paving bid Item 1, 2, 3,5 & 6 to PJ Keating (Fitchburg, MA); To award the crack sealing bid to Crack Sealing Company Inc.(Taunton, MA)

 

VOTE:

 

(5 - 0 - 0) The motion carries.

 

TOWN ADMNISTRATOR’S REPORT/SELECTMEN’S REPORTS

 

Mr. Gaydos thanked the Selectmen for concluding the contract between him and the Town.  He said he was pleased to be a part of the Town. 

 

Mr. Derby said that the Budget Committee held a meeting and laid out the ground rules for the year.  He suggested maintaining a level fund and keeping a 3% growth projection.  He said he was looking forward to the presentation of the Town and the Schools. 

 

Mr. McDevitt said there was an ongoing discussion regarding litter along the Town roadsides.  It was suggested, and there was a consensus of the Selectmen to make May 3rd - May 10th as Clean-up on the Sides of Roads Week.  Mr. McDevitt asked that an agenda item be added to discuss parking in front of Town Hall.  Mr. Lynde suggested forwarding a memo to the Safety Committee for comment.  Mr. McDevitt informed that the Sherburne Hall Committee would meet Saturday, May 10th.  He also informed that the Municipal Building Committee would be Wednesday, April 30th.  Mr. McDevitt ended by saying that the Garden Club would be holding a yard sale May 31st.  Anyone interested in a table should contact the Garden Club for coordination. 

 

Mr. Danevich reviewed agenda items that still needed action: 1) escrow account management in the Planning Department - Mr. Gaydos said the accounts were currently being managed jointly between the Planning office and the Accounting office -  He said the previous invoices were still being worked out; 2) RFQ for engineering firm - Mr. Gaydos said some comments had been received and believed that the structural process should be clarified with the Selectmen; 3) John Bobula plan update - Mr. Lynde noted that the plan had just been received - Mr. Gaydos received the Selectmen’s permission to forward a copy to the Planning Board - Mr. Danevich wanted to know if the Selectmen were going to take action on the Bobula plan - He suggested taking action now, rather than waiting until budget season - Mr. Lynde wanted to review the Bobula plan and suggested placing an agenda item for the next meeting; 4) Coombs Junkyard status - Mr. Gaydos said that Maynard & Paquette had been contracted through the coordination of Health Agent Paul Zarnowski - He will follow up; 5) Codification project - Mr. Gaydos said that there were conflictions that needed clarification before proceeding - Mr. Lynde suggested forming a subcommittee - Mr. McDevitt said he would help Mr. Lynde - Mr. Danevich said there were three sections a) Town ordinances b) Subdivision Regulations c) Zoning - He felt that the main objective was to create a single binder which lists the Town ordinances; 6) Dam acceptance on Spring Street - Mr. McDevitt said he was waiting on an answer from the Dam Bureau and would follow up.

 

Mr. Bergeron said that he attended a Regional Water District meeting on April 24, 2003.  He said the next meeting would be held May 8, 2003.  He informed that the Town could have three NRPC commissioners based upon the Town’s population being over 10,000. 

 

Mr. Lynde said a letter had been received regarding the franchise renewal which needed to be reviewed.  Mr. Gaydos said he would schedule time with Mr. Jim Greenwood to meet with Mr. Lynde to discuss further.  Mr. Lynde received correspondence requesting that the Town inspect the entrance to New Hampshire along Route 38.  He believed some action had taken place.  Mr. Lynde asked for an update meeting with the Code Enforcement staff.  Mr. Lynde said the Planning Director Amy Alexander had submitted a letter regarding the proper placement of buildings.  Mr. Gaydos discussed the current process and said that it should be reviewed.  He questioned if it was reasonable to have a part-time inspector handle.  The Selectmen briefly discussed the situation brought up by the Planning Director.  Mr. Danevich felt it was appropriate to have the Health Agent review and sign off on the well and the septic.  Mr. McDevitt said he would like to know who signed off on the plan.  Mr. Gaydos said that it was acknowledged that this was a problem that happened quite often and the Health Officer had not been asked to check on.  Mr. Lynde said it was good that the problem was documented, and if direction was needed, it should come before the Selectmen. 

 

REQUEST FOR NON-PUBLIC SESSION

 

MOTION:

(Bergeron/Danevich) Request for a non-public session per RSA 91-A:3,II, (a) and (e); (Personnel; Consideration or negotiation of pending claims or litigation)

 

ROLL CALL:

 

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

 

Mr. Lynde 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 8:40 pm.  Also present was Mr. Gaydos.

 

The Board returned to public session at approximately 10:05 pm.

 

MOTION:

 

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

 

VOTE:

 

(5 - 0 - 0) The motion carries.

 

ADJOURNMENT

 

MOTION:

(McDevitt/Derby) To adjourn the meeting.

 

VOTE:

 

(5 - 0 - 0) The motion carries. 

 

The meeting was adjourned at approximately 10:05 pm.

                                                                                          Respectfully submitted,

 

                                                                                          Charity A. L. Willis

                                                                                          Recording Secretary