November 4, 2003

APPROVED – November 18, 2003






Mr. Harold Lynde (arrived shortly after the meeting commenced), Mr. William McDevitt, Mr. Jean-Guy Bergeron, Mr. Richard Derby, Mr. Victor Danevich, Town Administrator Tom Gaydos


Also present:



Members of the press and general public.




The Vice Chairman, William McDevitt, opened the meeting at approximately 6:30 pm. 




October 28, 2003



(Danevich/Bergeron) To approve the October 28, 2003 meeting minutes as amended.




(4 - 0 - 0) The motion carried.


The amendments to the minutes were as follows: page 6, 1st paragraph - the sentence reading ‘ should be done expediently’ shall be modified to read ‘ should be “inexpedient to legislate”.’; page 7, 3rd paragraph - the word ‘attorney’ shall be changed to ‘attorneys’.   The Selectmen came back to public session at 10:10pm sealed the minutes and adjourned the meeting with a motion made by Mr. Danevich and seconded by Mr. Bergeron. 


Mr. Lynde arrived.








Public Hearing - Laying out Campbell, Andover, Methuen & Gaston Roads


Mr. Lynde informed that the public hearing would be held at the Pelham Elementary School, November 18, 2003 at 8:00pm.


Public Hearing - Street Name Changes


Mr. Lynde informed that the public hearing would be held at the Pelham Elementary School, November 18, 2003 at 7:00pm.




Skateboard Park Committee


Mr. Danevich stepped down.


Members from the Skateboard Park Committee presented information to the Selectmen.  Ms. Michelle Burke reviewed the Committee’s Mission Statement, which outlined the reasons a skate park would be beneficial to the community and its residents (i.e. accepted and approved area, accessibility, safety, multi-aged/various skilled, component flexibility, encourages community pride).  Mr. Rob Harden informed that the Committee was open to those who are interested in skateboarding, BMX bikes and in-line skating.  He went on to explain the reasons Pelham needed a skate park (i.e. #1 choice of teens, reduction of damage to public and private places, involves percentage of students who are not involved in main stream organized sports, skater safety, organization of an unorganized physical sport, high interest, more skate parks built in last three years than in last twenty years).  He noted how a skate park would solve problems by containing the activity, reducing property damage, increase safety awareness, build a stronger community and provide the opportunity for residents to excel at the sport they enjoy participating in.  Mr. Chad Payson reviewed the proposed location (next to the basketball courts at the Municipal Center) of the skate park and the proposed design layout, portions of which could be reconfigured.  Mr. David Walsh discussed what additional help would be needed, such as developing safety and usage rules/regulations, address legal/liability concerns and assistance from Highway Department for site work.  The project target budget is $75,000 (1/3 through warrant article, 1/3 through grants, 1/3 fund raiser activities).  The Committee requested that the Selectmen approve the following: 1) plan to construct a skate park behind the Police Station; 2) set up a bank account to accept donations; 3) apply for grants; 4) support a $25,000 warrant article for seed money to begin construction (ribbon cutting Spring, 2004).  Mr. Walsh read the proposed warrant article aloud.


Mr. Bergeron asked where students could presently skate.  Mr. Harden said there were no locations to skate in Town.  Mr. Bergeron wanted to know if Pelham residents were allowed to utilize parks in other towns.  Mr. Harden believed most communities allowed outside residents to utilize their parks.  He noted that because not all students had their driver’s license, they were restricted due to lack of transportation. 


Mr. Bergeron asked if outside residents would be allowed to use the proposed park.  Mr. Harden answered yes.  Mr. Bergeron wanted to know if there was a park in the area that was similar to the one being proposed.  Mr. Payson believed Hudson had a similar park.  He pointed out that Hudson’s park had a narrow layout and the park being proposed would have an open layout thereby encompassing a range of skill levels. 


Mr. Bergeron asked if the park had to be certified.  Mr. Danevich said the equipment would need to be certified by insurance carriers.  He discussed the type of equipment being reviewed, which would have a fifteen year, parts and labor warranty. 


Mr. McDevitt asked if the Police Chief was satisfied with the proposed location.  Mr. Payson answered yes.  Mr. Danevich noted that the Police Department was soon to receive the grant money for construction of the basketball courts, and considerable money could be saved if the work could be done to the skate park at the same time.  He said the skate park would be the same configuration as the basketball courts, which enabled easy conversion (into a different type of court, such as basketball or tennis) in the future.  He said many towns utilize their local Highway Departments to save the costs associated with prep work. 


There was further discussion regarding the favorable reasons for a skate park in Town and why the Selectmen and voters should support for the warrant article. 


Mr. Lynde asked how many students currently skateboarded.  Mr. Payson said there was a minimum of forty-five students at the High School. 


Mr. McDevitt asked what the long-term maintenance was for the park.  Mr. Danevich said the vendor being reviewed (as part of their agreement) would perform an annual review of the equipment for safety concerns.  He reiterated that there was a fifteen-year warranty on the equipment.  He said one of the main reasons for the Police Chief’s endorsement of the location was that the Police could facilitate monitoring the facility (there is also a video monitoring system in place). 


There was a brief discussion regarding the grant requirements (minimum 20% matching funds).  It was reiterated that the Selectmen were being asked to consider approving the use of area at the Municipal Building (Sherburne Field area); opening an account for the acceptance of donations; and granting the ability to the Committee to apply for grants. 


Officer Anne Perriello said she offered her support to the Committee.  She said that skating was an upcoming sport and wanted to bring it to the public’s attention.  She felt that the location would provide Police with the ability to monitor the students.  She discussed the current safety concerns with students using the Pelham Plaza for skating.  Officer Perriello felt that traffic across Route 38 would be minimized.  She said they were seeking a central location to keep the students safe.  Mr. Danevich said that an agreement would be drafted in connection with the release of liability of the Town.  He submitted a letter to the Selectmen written by Colleen and Doug Kingsley which supported the skate park.  Mr. Lynde read aloud a memo submitted by Police Chief Evan Haglund that provided support of the proposed location of the skateboard park in the old Sherburne School field. 



(Derby/Bergeron) To authorize the location, and allow the use of the old Sherburne School field (in close proximity to the basketball courts) as a place to put a skateboard park (if approved). 




(4 - 0 - 1) The motion carries.  Mr. Danevich stepped down.



There was a brief discussion regarding the Skateboard Park Committee establishing an account to accept donations.  Mr. Bergeron questioned if Town approval was needed prior to an account being set up.  Mr. Lynde didn’t see a conflict since there were three means to collect funding of the skate park.  Mr. Gaydos said the proposed was the natural progression for obtaining funding; he used the Sherburne Hall Fund as a recent example of a group seeking funds.  He noted that the Selectmen would have approval of any grants being sought after. 



(Bergeron/Derby) To allow the Skateboard Park Committee to establish an account to receive donations for the purpose of constructing a skateboard park at the Sherburne School Field.




(4 - 0 - 1) The motion carries.  Mr. Danevich stepped down. 


Donations would be accepted and accounted for by the Town Treasurer, using the Town’s tax i.d. number.



(McDevitt/Bergeron) To authorize the Skateboard Park Committee to put together grant applications to seek funding for the construction of a skate board park at the Sherburne School Field in Pelham.




(4 - 0 - 1) The motion carries.  Mr. Danevich stepped down.


Any/all grant requests are to be reviewed by the Selectmen.  Mr. Lynde noted that the warrant article would be reviewed November 18, 2003.  He noted that there was no place currently for teens to ‘hang out’.  He said there was always a need to address the fourteen-fifteen year old age group. 


Mr. Danevich returned to the Board.


CTAC Interview - Don Hornbeck


Mr. Don Hornbeck, 1 Timber Lane met with the Selectmen to interview for a position with CTAC.  He discussed his qualifications and experience with television and electronic engineering. 


Mr. Danevich asked if there was a limit to the number of members allowed on the CTAC committee.  Mr. Jim Greenwood said nine members were allowed and currently there were five.  Mr. Danevich asked what CTAC would work on now that the Adelphia contract was signed.  Mr. Greenwood said there were various items to work on, such as Sherburne Hall, additional programming.  He said he was impressed with Mr. Hornbeck application and felt he would be an asset to CTAC.  



(Danevich/Bergeron) To appoint Mr. Don Hornbeck to CTAC for a three-year term commencing as of April 1, 2003, and ending March 31, 2006.




(5 - 0 - 0) The motion carries. 


Janet Daigle - Use of Sherburne Hall


Mr. McDevitt said that Ms. Daigle visited with the Sherburne Hall Committee and they suggested that she meet with the Selectmen.


Ms. Janet Daigle and other community members met with the Selectmen to discuss the possibility of organizing a Pelham Community Theatre.  She said that she had extensive knowledge in all aspects of theater and had been active in the entertainment/arts community for many years.  The group felt that Pelham would benefit by bringing the many talents and resources together of the citizens through a community effort to enrich the growing need for the arts.  She said the community theatre would be solely funded through private donations and production of plays; any proceeds generated (after production costs) would be dispersed to Pelham community funds.  Ms. Daigle said that the Pelham Community Theatre would like to use Sherburne Hall for four to five plays per year (one full week of rehearsal prior to production, Friday and Saturday evening performances and a Sunday matinee).  She said she would like to see the Pelham Community Theatre preserved and regulated so there would only be one community theatre in use; thereby being supported by the community as a whole.  She suggested to begin with, that the group sign a one-year contract. 


Mr. McDevitt believed that some of the committee members of the Sherburne Hall Committee saw the Pelham Community Theatre as an opportunity to raise additional funds toward the hall.  He said there were other considerations, such as the current state of the hall.  He said the proposal could be compared to the agreement with the Pelham Men’s Softball for using Newcomb Field


Mr. Bergeron asked if the group would be private.  Ms. Daigle said it would be a community group.  Mr. Bergeron wanted to know what would happen after the expiration of the one-year contract.  He also wanted to know what percentage would be donated to the Town.  Ms. Daigle said she would like to set up a non-profit so the proceeds could be given to the Town (after production costs had been paid for).  She was interested in having the group regulated by the Town.  Mr. Gaydos said a division could be added under the Park & Recreation Department.  There was a brief discussion regarding the how the theatre group could move forward and become integrated within the Town. 


Mr. Danevich noted that Sherburne Hall was the only public meeting space.  Ms. Daigle said the theatre group could work around the Town’s meeting schedule, but would want confirmation of hall use for the performances.  Mr. Lynde said that the Selectmen and land-use board meetings would have priority.  He said reservations for use could be taken, but there may be cases in which the scheduled changed.  He didn’t see a problem with a schedule being brought forward for review.  It was understood that there were certain ambiguities to be answered.  Mr. Gaydos suggested discussing the Town’s relationship with the theatre group, and then moving forward with scheduling and working out the other issues. 


Mr. McDevitt suggested having the Pelham Community Theatre under Park & Recreation to begin with.  He said he would continue working with Ms. Daigle to present additional information to the Selectmen.  It was also suggested that Ms. Daigle bring forward desired dates for use of the hall.  Mr. Gaydos said he would work with Ms. Daigle. 


Charlie Mooskian - VFW Use of Town Hall/flag donation


Mr. Charlie Mooskian met with the Selectmen as a follow up to a previous meeting in which the VFW requested the use of the Town Hall.  He provided a brief history of the VFW’s objective, which was to find a home and a permanent meeting place that could be used to display the history of the VFW.  He said the members were in favor of using the Town Hall building and believed through an annual fund raiser would be able to fund the building’s maintenance.  He noted that the by-laws prohibited the VFW from jointly owning a building as well as prohibited money being spent on a building not owned by the VFW.  Mr. Mooskian ended by saying if the Town sold the building it would receive a one-time profit, but if the building were donated to the VFW, there would be a life-time profit to the Town through community involvement.  He noted that the Town had donated the American Legion a building in the past. 


Mr. Bergeron said that the Selectmen had recently begun discussion regarding the use of the Town Hall and Annex.  He wanted to let the Selectmen know that the Lions Club was also interested in the use of the building and would be discussing it with their members.  He said the building was still in use and wanted the VFW to know that other groups may want to have discussions as well.  Mr. Lynde said the Selectmen were in the process of discovery to determine what the potential uses were for the building. 


Mr. Herman Hanson met with the Selectmen to discuss the flags on display throughout the Town Center.  He said there were approximately one hundred flags currently on display between the months of May through November.  He said the VFW had a small fund, but was not enough to cover the replacements (brackets, bolts, flags, etc.).  Mr. Hanson asked that the sum of $1000 be allotted for the upkeep and maintenance of the flags. 


Mr. Bergeron asked if the $1000 would be requested annually.  Mr. Hanson suggested that $1000 be allotted each year, and if it was not used, it would be reverted back to the Town. 


Mr. Danevich supported the money, but wanted to ensure that the funds would be used for maintenance, and not for expansion of the program.  Mr. Hanson discussed the process taken to initially to install flags.  He said there was a desire to continue the flags further down Windham Road, but would need approval from the telephone and electric company.  Mr. McDevitt asked Mr. Hanson to provide back-up documentation as to exactly what the money would be spent on.


Mr. Bergeron asked for an explanation of how the fund was currently used.  Mr. Hanson said the original fund was set up through donations.  Over the years the funds had run out.  Mr. Bergeron asked if funds and flags would be accepted as donations in memory of loved a one.  Mr. Hanson answered yes.  He noted that other towns put flags up, took them down and stored them. 


Donations are accepted by sending funds to: Pelham Flag Program P.O. Box 104, Pelham, NH 03076   


The Selectmen continued their discussion and made the following motion:



(McDevitt/Bergeron) To reconsider the Town Celebration Budget.




(5 - 0 - 0) The motion carries. 



(McDevitt/Bergeron) To increase the bottom line figure of the Town Celebration Budget by $1000 (from $7030 to now read $8030) for the purpose of having funds available in case its needed to help defray the cost of flag maintenance, which includes flags, poles and brackets.   




(5 - 0 - 0) The motion carries. 




Firefighter resignation


Mr. Danevich noted that the backup information had been received with regard to a firefighter resignation.



(Danevich/Derby) To regretfully accept the resignation of Mr. Michael Jones, Call Firefighter effective September 22, 2003.




(5 - 0 - 0) The motion carries. 


Stop sign installation requests


Mr. Danevich said stop sign requests had been received and reviewed by the Technical Review Committee as follows:


Stop sign installation request for Tina Avenue and Rita Avenue.  Technical Review Committee recommended installation of a stop sign on Tina Avenue.


Stop sign installation request for Gordon Avenue and Arlene Drive.  Technical Review Committee recommended installation of a stop sign on Gordon Avenue.


Stop sign installation request for Plower Road and Pelham Drive.  Technical Review Committee recommended installation of a stop sign on Plower Road.


Stop sign installation request for Misty Lane and Westfall Road South.  Technical Review Committee recommended installation of a stop sign on Misty Lane.



(Danevich/Bergeron) To direct the Highway Department to install stop signs on Tina Avenue, Gordon Avenue, Plower Road and Misty Lane in accordance with the letter of recommendation submitted by Planning Director Will D’Andrea dated October 28, 2003.  




(5 - 0 - 0) The motion carries. 


Mr. Danevich said there was a request from a resident to install a no outlet sign on Tina Avenue and Rita Avenue.  He asked the Selectmen that the request be forwarded to the Technical Review Committee, and to approve of the installation of the sign if they concur.  There was a consensus of the Selectmen for the installation of a no outlet sign on Tina Avenue and Rita Avenue, if the Technical Review Committee felt it was necessary. 




Pelham Center Traffic - use of a charette to explore options and their feasibility


Mr. McDevitt said there had been several ideas regarding the Town Center traffic and in an effort to move forward and obtain the opinion from the community he suggested the use of a charette.  Mr. Gaydos said he had been involved in a number of charettes which provided a lot of direction to the community and the DOT.  He said the key was to find the right person to lead the charette; the NRPC may have suggestions.  Mr. McDevitt asked to work with Mr. Gaydos and provide further information to the Selectmen. 


Mr. Bergeron believed that the NRPC were continuing their study on the Town Center.  He said based upon previous discussions, there may be certain things that the Town could try to take away any potential major problems.  He hoped to include the new Planning Director in discussions with the Police Chief, Fire Chief and NRPC.  He didn’t want actions taken until the NRPC study was complete.  Mr. Lynde said that the NRPC was conducting an AM traffic count.  He was hopeful that the study could be reviewed so that an interim solution could be put in place.  Mr. Gaydos said there were two ways to come to a solution 1) review numbers and 2) find out what the residents want; the difficult thing is to combine the two. 


Mr. Leo Thibeault, Simpson Road (NRPC Commissioner) felt it was a good idea to gather opinions from a group of people.  He recalled that Commissioner Carole Murray felt the best solution for the Town Center was signalization.  He wanted to know how justification would be made for the cost of installing a rotary.  He believed that the Town currently had the opportunity to install lights at no cost to the taxpayer through an urban fund.  He believed it would be easier to move lights later, than it would be to remedy a rotary if it didn’t work.  Mr. Lynde said a request had been made for the funds.  He said the cost was an assumption, and may not be the actual cost.  Mr. McDevitt said at this time, he was not in favor of a rotary, or signalization, which was the reason he believed a charette would be beneficial.  Mr. Lynde said the Selectmen wanted to come up with a solution that was cost effective and would do the job, as well as preserving the feel and look of Pelham.     


Review Budget Committee action on Town Budget


Mr. Gaydos informed that the Budget Committee had reviewed the Town’s budget and approved it with the exception of approximately 3%.  He discussed the items that the Budget Committee indicated they wanted to see as warrant articles (Technical plan, Police cruisers, additional personnel in the Assessing Department). 


There was a brief discussion as to the reason that the Police cruisers had been included in the budget and the importance of replacing cruisers.  Mr. Gaydos asked to address each item at the next meeting.       


2003 year-to-date budget review


The Selectmen reviewed the 2003 year-to-date budget and noted the projected surplus and deficit amounts.  Based upon the projected figures, the Selectmen agreed that Mr. Bergeron could give $5000 to the Regional Water District in connection with legal review of the charter agreement.   




Mr. Gaydos said the wetlands application had been signed in connection with the Tallant Bridge.  He said additional investigation was needed to review what species would be disturbed due to the replacement of the bridge.  He wanted to know how the Selectmen wanted to proceed with the Castle Hill bridge so he could speak to Windham prior to the Town Meeting.  There was a discussion regarding the status of the bridge.  Mr. Derby believed the savings from the Tallant Road bridge would pay for the work to be done on the Castle Hill bridge.  Mr. Gaydos said there would only be a savings if the construction were done in the same year.  Mr. Lynde requested that the overall plan be created including a timeline.  Mr. McDevitt suggested doing the work on the Tallant bridge, Willow bridge and last the Castle Hill bridge.  Mr. Gaydos said there was money in the Capital Reserve Fund and believed that there would be a warrant article brought forward for bridge work (including Willow Street). 


Mr. Gaydos said that Citizens Bank was offering a seminar which would highlight the acquisition of property for conservation purposes.  He said he would be attending the meeting.  The Selectmen suggested that Mr. Paul Gagnon, Open Space Committee member also be invited to attend.  Mr. Gaydos discussed RSA 41:14a &c which, if approved at Town Meeting would enable the Selectmen to acquire property through a public hearing (the RSA worked outside the Conservation Fund).


Mr. Danevich said correspondence had been received from a resident of Town thanking the Fire Department for their assistance.  He noted that the Selectmen’s Office and Park and Recreation had successfully moved into the Municipal Building.  It was noted that there was no specific date set for the Town Clerk, Tax Collector and Assessor to move.  Mr. Danevich informed that the Town offices would be closed on November 11, 2003 in observance of Veteran’s Day. 


Mr. Bergeron informed that he had attended the Eagle Court of Honor on Sunday and congratulated Mr. Michael J. Crooker for achieving Eagle Scout.  He said at the last meeting of the Regional Water District two attorneys were present and made many recommendations for the charter, which were adopted and voted on unanimously.  He said the next scheduled meetings would be held November 6th, 13th and possibly the 20th.  Mr. Bergeron said that Cemetery Trustee Richard Jensen informed that two push mowers and a snow blower had been stolen. 


Mr. Derby said that the Budget Committee had started review of the School Budget.  He felt that the Town should consider curbing dealership parking similar to the action taken in an area town.


Mr. McDevitt thanked Jackie and Phil Blanchette for their donation of two Norfolk Island Pine Trees for the Municipal Center lobby.  He noted that the Transfer Station would be closed on November 11, 2003. 


Mr. Lynde informed that the Police placed third in the state in the recent seatbelt enforcement campaign by NH Highway Safety Agency.  He said the Police would receive forty-two hours of state funded overtime for seatbelt enforcement.  Mr. Lynde discussed the items reviewed by the Planning Board.  He said per the review by a consultant of the Planning Department, consideration should be given to adding an additional person to the Planning Department by means of a warrant article; the cost would be paid by Planning Board fees.  Mr. D’Andrea will present a warrant article to the Selectmen.  Mr. Lynde ended by saying the Selectmen needed to address the Code Enforcement Officer position that was currently vacant. 





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




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 10:00 pm.  Also present was Mr. Gaydos.


The Board returned to public session at approximately 10:25 pm.




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




(5 - 0 - 0) The motion carries.





(McDevitt/Bergeron) To adjourn the meeting.




(5 - 0 - 0) The motion carries. 


The meeting was adjourned at approximately 10:25 pm.

                                                                                          Respectfully submitted,


                                                                                          Charity A. L. Willis

                                                                                          Recording Secretary