APPROVED

TOWN OF PELHAM

BOARD OF SELECTMEN MEETING

MINUTES

November 18, 2003

APPROVED – December 9, 2003

CALL TO ORDER

PLEDGE OF ALLEGIANCE

PRESENT:	Mr. Harold Lynde, Mr. William McDevitt, Mr. Jean-Guy Bergeron, Mr. Victor Danevich, Town Administrator Tom Gaydos
Also present: ABSENT:	Members of the press and general public. Mr. Richard Derby

The Chairman, Harold Lynde, opened the meeting at approximately 6:40 pm.

MINUTES REVIEW

November 4, 2003

MOTION:	(McDevitt/Bergeron) To approve the November 4, 2003 meeting minutes as amended.
VOTE:	(4 - 0 - 0) The motion carried.

The amendment to the minutes was as follows: Spelling of the name ‘Genson’ shall be corrected to read ‘Jensen’.

OPEN FORUM

Mr. Chris Murphy, Blueberry Circle said there had been discussion/survey on the Pelham Message Board (with twenty-three respondents in favor) regarding an ice skating rink at the Village Green. He said the goal was to have a skating rink in place and running for this winter. It was Mr. Murphy’s understanding that Park and Recreation would be reviewing a place for the rink, and wanted the Selectmen to know through the survey done on-line that that the favored location was the Village Green. Mr. McDevitt said he would introduce the subject later in the meeting for review.

Mr. Lynde said a letter had been received by Mr. William Castler, State Medical Director, which congratulated Pelham on being selected to participate in an effort to promote health services. Mr. Gaydos said a note had been sent to the Planning Director and Health Officer to find out what the implications would be and if resources were available.

APPOINTMENT

Amended contracts at Raymond Park - Mr. William Hayes

Mr. Lynde said there was an ongoing effort at the park for expanded facilities for recreation (including fields, parking areas etc.). He reviewed the warrant articles that had been submitted 1) $1000 from Forestry Fund for planting trees; 2) $9000 from Raymond Park Memorial Trust for land and water grant match; 3) $15,000 from Forestry Fund for fire suppression pond.

Mr. William Hayes reported that based on the loam screening being done by JSI, it appeared there would be more loam than needed for the fields being constructed. He said there were a few options outlined in the contract addendums presented to the Selectmen. Mr. Lynde read the contract addendums aloud.

Mr. Bergeron asked if there were any restrictions on selling materials. Mr. Hayes said the procedure outlined was proper because the materials were a result (by-product) from building something. He said the situation would be different if the materials were being mined. Mr. Bergeron suggested reviewing the deed restriction and ensuring that they complied. Mr. Hayes said the restrictions came from a warrant article in 1973, which talked about being in the business of selling material to purchase land. He said in this case, the warrant article was irrelevant because the material was essentially left over. Mr. Bergeron said he would like to review the warrant article and have it applied to the options being presented. Mr. Hayes reiterated that the warrant article didn’t apply in this case. Mr. Lynde discussed his understanding. Mr. Bergeron said in 2001 when he first became a Selectman he walked the park and was told about the restrictions. He said he wanted to review the warrant article for clarification to ensure that things were being done properly.

Mr. Hayes went on to discuss the work being done at Raymond Park and said that through the work on the dredge and fill, fill had been created and would need to be moved to finish the field. He said there was also a large rock in the center of the field that would need to be blasted because the large equipment couldn’t move it. Mr. Lynde read the proposed contract addendum aloud. It was noted that the fill was not valuable and there wouldn’t be an exchange of money.

MOTION:	(McDevitt/Danevich) To approve Addendum I to the Raymond Memorial Park Capital Improvement Agreement III.
VOTE:	(4 - 0 - 0) The motion carries.

Mr. Hayes said the two big fields would be built with the Land and Water Conservation Fund Grant and he wanted to know early on if there would water for the irrigation system. He said he would like to add a well, and keeping with the purchasing policy, he solicited proposals and received four/five written quotes. He said the only thing guaranteed was the depth of drilling, not the quality of the water. He said after reviewing the solicitations he recommended Skilling & Son of Hollis who were reputable and worked in Town. Mr. Hayes requested authorization to have a discussion with Skilling & Son regarding the work to see if an agreement could be reached.

Mr. Danevich asked if the Town would be committed. It was understood that the discussion was to secure a negotiation. Mr. Danevich asked if the figure contained in the solicitation would be exceeded. Mr. Hayes said the amount would not exceed the figure. The amount was confidential due to contract negotiations. Once the agreement is signed, the amount will become public information.

MOTION:	(McDevitt/Danevich) To authorize Mr. William Hayes to enter into negotiations with Skilling & Son to expend up to a figure as outlined in his memo to the Selectmen dated November 15, 2003, for the purpose of building a well at Raymond Park.
VOTE:	(4 - 0 - 0) The motion carries.

Mr. Hayes ended by informing that a culvert had collapsed and a dredge and fill permit would be needed. He said the permit would not be acted upon until coming back to the Selectmen for a discussion. He asked that Mr. Lynde be authorized to sign the application for the dredge and fill permit. The Selectmen didn’t have a problem with Mr. Lynde signing the application for the dredge and fill permit.

PUBLIC HEARINGS

Public Hearing - Street names

The Selectmen had four street name lists; 1) a list of street names that were approved on March 4, 2003; 2) a list of street names that were approved July 29, 2003; 3) a list of sixteen (16) names for discussion at the current public hearing; 4) a list of street names outside the scope of the E911 project (based upon new roads contained on plans in the Planning Department) that required formal Selectmen approval. Mr. Lynde discussed the notification process. Mr. Gaydos said if there was a decision to change a proposed name an additional public hearing would need to be scheduled to discuss the proposal. Mr. Lynde went on to explain how the street numbering process would occur and noted that numbers would be assigned in fifty (50) foot increments.

Mr. Doug Masson, Post Office representative asked that Darlene Drive, Flower Road and Sunset Rock Road be deleted from the list of street names that were outside the E911 project. Mr. Lynde said there were additional names on that list that would be reviewed at a later time.

Mr. Lynde opened the public hearing for the following street names.

Appleleaf Drive was discussed and proposed to be changed to Deerhill Drive.

Bridge Street was proposed at a previous meeting, and brought up again to continue the name Bridge Street from the Massachusetts line to the Salem, NH line. There was a consensus by the Selectmen to change the name of the road along Route 38 (running from the Massachusetts line to the Salem, NH line) to Bridge Street. Mr. Danevich asked if a list could be created for ‘retired’ names. There was agreement by the Selectmen and the Fire Chief Fisher to create a retired street name list. Mr. Lynde said a policy could be established so if a long-standing Town road name that was retired through the process that it would not be used again.

Gibson Drive was proposed to be changed to Acorn Lane.

Hillcrest Lane (from Garland Drive to Birch Lane) was proposed to be changed to Morgan Avenue.

Irene Drive was proposed to be changed to Patriot Drive.

Jay Bird Lane was proposed to be changed to Blue Jay Lane.

Lowell Road was proposed to be changed to Bridge Street (the name Lowell Road will be retired).

Old Bridge Street North the residents preferred to maintain the name, or to drop ‘north’; the Technical Review Committee had suggested changing the name to Abbot Lane. Ms. Joyce Sherman, a resident of Old Bridge Street North and long time resident, was not in favor of changing her road name. She was concerned with the associated costs of changing her address and wanted to know who would pay the fees. Mr. Lynde said there was no need to change the deed to the property because the Registry referenced parcels by book and page number (and map and lot number). He noted that the Post Office had offered to help residents with the process of changing their address when the process was finalized. Ms. Sherman was upset at the fact that residents had not been notified of the public hearing. Fire Chief Fisher said that letters had been sent via parcel post to all residents of the streets being discussed. The address information was obtained from the Town Assessor’s office. A resident and business owner of Old Bridge Street North referenced the historic value of the road name. She didn’t feel that maintaining the name Old Bridge Street would cause any confusion with Bridge Street. Another resident presented a petition signed by the residents on Old Bridge Street North that requested the road name stay the same. There was further discussion regarding what action would be taken. Fire Chief Fisher suggested changing the name to Old Bridge Street. A caveat to changing the road to Old Bridge Street was if E911 had a problem with maintaining the name, an additional hearing may be needed. It was noted that the proposed name would be Old Bridge Street.

Old Gage Hill Road South was proposed to be changed to Main Street.

Partridge Lane was proposed to stay the same.

Partridgeberry Lane was proposed to be changed to Primrose Lane based upon previous hearings and resident suggestion.

Robin Road was suggested to be changed to Township Road.

Shepherd Road - Fire Chief Fisher noted that Shepherd Road would not be changed.

Swain Road was moved to the list of new road names that are to be reviewed at a later time.

Tall Oaks Drive was proposed to be changed to Magnolia Drive.

Mr. Lynde reviewed the changes to road names that would occur based upon the public hearing:

Apple leaf Drive will be changed to Deerhill Drive.

Bridge Street (entire length of Route 38) name will be designated from the Massachusetts line to the Salem, NH line.

Gibson Drive will be changed to Acorn Lane.

Hillcrest Lane (from Garland Drive to Birch Lane) will be changed to Morgan Avenue.

Irene Drive will be changed to Patriot Drive.

Jay Bird Lane will be changed to Blue Jay Lane.

Old Bridge Street North will be changed to Old Bridge Street.

Old Gage Hill Road South will be changed to Main Street.

Partridgeberry Lane will be changed to Primrose Lane.

Robin Road will be changed to Township Road.

Tall Oaks Drive will be changed to Magnolia Drive.

Mr. Lynde then read the list of street names aloud that fell outside the E911 project, but still needed approval.

MOTION:

(McDevitt/Bergeron) To approve the following road name changes: Apple leaf Drive will be changed to Deerhill Drive. Bridge Street (entire length of Route 38) name will be designated from the Massachusetts line to the Salem, NH line. Gibson Drive will be changed to Acorn Lane. Hillcrest Lane (from Garland Drive to Birch Lane) will be changed to Morgan Avenue. Irene Drive will be changed to Patriot Drive. Jay Bird Lane will be changed to Blue Jay Lane. Old Bridge Street North will be changed to Old Bridge Street. Old Gage Hill Road South will be changed to Main Street. Partridgeberry Lane will be changed to Primrose Lane. Robin Road will be changed to Township Road. Tall Oaks Drive will be changed to Magnolia Drive.

VOTE:

(4 - 0 - 0) The motion carries.

MOTION:	(Bergeron/McDevitt) To approve the following roads as accepted names for subdivision roads: Empire Road, Pineview Circle, Gala Court, Moonshadow Drive, Natures Way, Quail Run Lane, Rocky Hill Road, Rome Avenue, Stonepost Road, Trailside Drive and Yarde Drive
VOTE:	(4 - 0 - 0) The motion carries.

Mr. Bob Haverty, 38 Irene Drive asked if consideration had been given to deviating from the state’s recommendation of the 50ft. rule in connection with E911. Mr. Lynde didn’t feel that 200ft. was an adequate number. Mr. Haverty felt subdividing lots down from 200ft. to 50ft. would create problems (for septic, wells, etc.). Fire Chief Fisher discussed the problem with street numbers having letters added (i.e. 1a, 1b, 1c) because of backlots being developed and explained the need for changing the numbering system. Mr. Lynde noted that changing the street numbering wouldn’t provide anyone the right to subdivide their lot into 50ft. increments or do anything more than the current zoning allowed.

Mr. Masson asked that residents wait for official notification before changing their addresses. He reviewed what information residents would receive and noted that the Post Office would provide adequate time for address change-over.

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

Mr. Lynde said that an estimate had been received and provided members of the public with a copy. He provided a brief history of the process. Mr. Gaydos explained the cost provided on the information circulated to the members of the public. He said the process would mirror that taken with the Spring Street Extension project. Mr. Lynde said because it was believed that all the properties would benefit equally, they would be assessed for the road improvement based on 100% of their assessed value.

Ms. Joanne Chelton, 22 Campbell Road wanted to know how many feet of each street would be improved. Mr. Gaydos said that improvements would occur on approximately 300ft. of Andover Street, 350ft of Methuen Street, and 700ft. of Gaston Street. He said the footage was calculated by using a measuring device.

Mr. Erik Fehmel, 3 Campbell Road wanted to ensure that the first 1000ft. of Campbell Road were all set. Mr. Gaydos said that the first 1000ft. was owned by the Town.

Mr. Lance Ouellette, 13 Gaston Street questioned if there would be a conflict (with the bond wording) since the Town would be paying for improvements on the Town-owned property on Methuen Road. He also noted that a portion of Methuen Road was wooded and wanted to know if the length of the road would be constructed, or if it would remain wooded. Mr. Gaydos said the Town owned property along the road was not assessed. He said the decision regarding what portion of the road was to be laid out would happen when the engineer marked out the road. Mr. Lynde asked that the residents be informed once the road was staked out so everyone could view what work was going to be done, similar to a site walk.

Ms. Chelton discussed the proposed drainage and wanted to know if land would be taken to construct a retention pond. Mr. Lynde said a determination had not yet been made. He said the assumption was that the engineering estimate would cover all the costs based upon a view of the roads involved, including wetlands impact and drainage. The work done on Spring Street was discussed and it was noted there were different issues surrounding that project.

Ms. Mary Lapalmas, 9 Andover Street believed there was a runoff issue arising with a development off Dutton Road. She wanted to know if there was a mechanism in place to ensure that everyone wanted the project done. Mr. Lynde said the mechanism was notification of the public hearing. Mr. Gaydos said the purpose of the public hearing was to provide the residents with the estimate document and the opportunity to reconsider. He said once the bond was approved (in March 2004) the project would move forward, unless there was a large outcry to not do the project before that date. The warrant article process was discussed.

Mr. Randy Tryder, 23 Gaston Street wanted to know how the cost of the project would be affected if the value of a property changed. Mr. Lynde said once the bond was secured the assessed value would be re-reviewed. Mr. Tryder said he was reviewing alternatives to having the work done. Mr. McDevitt noted that the assessment would show up on the tax bill and would have the same force as taxes.

Mr. Kevin Crooker, 2 Andover Street wanted to know if it was possible to walk the site before construction began. Mr. Danevich was in favor of having the site staked and doing a site walk before construction began. Mr. Gaydos discussed how the job estimate was obtained. Mr. Lynde said the job would be scoped out, comments would be gathered from the residents, and direction would be given to the engineer so an agreement/plan could be finalized. Mr. Ouellette asked for clarification of the bonding process. Mr. Gaydos explained the steps taken before the public bidding process could occur.

Mr. Bob Mackey, Methuen Road asked if there was a way to change the way the costs were split. Mr. Gaydos said there were a number of methods that could be used to split the cost. He said the method used was the same as was used in the Spring Street project. Mr. Ouellette said based upon the last homeowner’s meeting, the residents were in favor of splitting the costs equally.

After further discussion regarding the project and the possible costs, through a show of hands from the residents present, the majority of people, with the exception of one person (who wanted further information) were in favor of the project moving forward. Mr. Ouellette expressed the fact that the residents would have multiple opportunities pull out of the process before the bond was secured. The Selectmen discussed walking the site and said a date would be scheduled. Mr. Gaydos will contact Mr. Ouellette and notify him of the date for the site walk; Mr. Ouellette will then contact and notify the residents in the area.

OLD BUSINESS

None.

NEW BUSINESS

Warrant Article Review

Ms. Ann Fancher, Library Trustee, requested support for a warrant article that the Library Trustees would be presenting to the Town. The nature of the warrant article was to redirect some funds that the Library had raised through warrant articles during previous years. Ms. Fancher said that funds had been raised (and placed into a trust) to make the former library building ADA compliant. The new building is ADA compliant, therefore, the Trustees would like permission to change the purpose of the funds and purchase/install automatic swing-door operators on the Library and Town Hall building; the remaining funds, under the direction of the Selectmen, are to be used to make Town buildings handicap accessible.

Fire Chief David Fisher introduced Assistant Chief Raymond Cashman who discussed the engineering/architecture and construction process for fire stations. Assistant Chief Cashman said he would be proposing (to the Chief) that a warrant article be drafted to fund a study that would determine what should be built to conform to the area, neighborhood, and the needs of the Town. He said CIP had also reviewed the need for a central station and two substations. He said many things would be reviewed, including response time, which areas were currently being built/populated and future development. Mr. Bergeron asked if the size of the buildings had been determined. Assistant Chief Cashman said the building size had not yet been reviewed. Mr. Danevich said there was strong consideration this year by CIP due to the low interest rates. He said he would be in favor of doing a study this year so an accurate number could be determined for the structures. He said next year a warrant article could be drafted for a construction bond, as well as withdrawing impact fees that had been collected. After a brief discussion regarding what would be studied, Assistant Chief Cashman said he would be proposing to the Chief to study all impacts. Mr. Gaydos discussed the bonding process and advice he had received. There was further discussion regarding the proposal being brought forward and what exactly the study would review.

Cemetery Trustee Richard Jensen discussed the possibility of obtaining additional land (approximately 10 acres). He said he had a discussion with Mr. Tryon (Park & Recreation), but nothing had been determined. He discussed the situation with the current property. Mr. McDevitt said that the Town owned a considerable amount of land off Old Lawrence Road and urged Mr. Jensen to walk the parcel. Mr. Jensen said they were seeking ten (10) acres and would accept the parcel if it were donated. He said what the Cemetery needed was garage space (2-car), office, meeting room and bathroom with an estimate cost of $97,000.

The Selectmen reviewed the warrant articles that would be further reviewed and voted on at the next meeting. Mr. Lynde said the tax impact would also be provided at the next meeting. There was a discussion regarding the number of warrant articles submitted and what the impact would be to the taxpayers.

Muldoon Park Discussion

Mr. McDevitt said he would like the Selectmen to have Mr. Bob Tryon (Park & Recreation) make a recommendation regarding ice skating. Initially it was thought that Muldoon Park would be a good location for ice skating, but residents have suggested that the Village Green may be a better location. There was a brief discussion about the use of the Village Green, and fact that there was a current unresolved issue with Breadloaf regarding its condition. Mr. Danevich felt there was a misperception regarding the Village Green being a lighted space. He said the lights were reflective and pointed down only lighting the area beneath them. He said a resident brought up the concern with restroom facilities. It was believed that the people who were enthusiastic for ice skating would come up with some solutions to the issues. It was suggested that Mr. Tryon request volunteers to help him with his presentation since there were many things he was currently working on.

Mr. Lynde asked that Police patrol Raymond Park for ATV traffic. He said that tracks were found in the area of the new soccer field.

Mr. Lynde said a land owner had offered to donate land that would provide an alternate egress to Muldoon Park, which would be far safer than the current entrance/exit. He said the alternate egress would require a wetland crossing therefore a study would be needed. Mr. McDevitt suggested that the Town’s engineer review the site; Mr. Gaydos will make the request.

Donation of land

Mr. Gaydos said during the process of subdivision approval certain parcels are offered to the Town. Specifically, on the Gaudet subdivision plan there was a note that indicated that a 13.24 acre parcel was to be deeded to the Town. Mr. Lynde asked that an agenda item/public notice be added for an upcoming meeting to accept the donation of land.

TOWN ADMINISTRATOR/SELECTMEN’S REPORTS

Mr. Gaydos had no report.

Mr. Danevich had no report.

Mr. Bergeron said he attended the Regional Water District Charter meeting on November 13, 2003. He said there was a tentative final version of the charter that would most likely be voted on during the next meeting this Thursday. He said there would be a public meeting December 10, 2003 in which all boards/selectmen were invited. Mr. Lynde asked if there was a need to have the charter reviewed by Town Counsel. Mr. Bergeron said the Town would have the right to have the charter reviewed by counsel if desired.

Mr. McDevitt had no report.

Mr. Lynde said that the Planning Board held a joint meeting with the Board of Adjustment. He said the Planning Board also reviewed a series of goals, which would continue at an upcoming meeting.

REQUEST FOR NON-PUBLIC SESSION

MOTION:	(McDevitt/Bergeron) Request for a non-public session per RSA 91-A:3,II, a & c (personnel; matters, if discussed publicly could adversely affect the reputation of any person)
ROLL CALL:	Mr. Lynde-Yes; Mr. McDevitt-Yes; Mr. Bergeron-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 11:30 pm. Also present was Mr. Gaydos.

The Board returned to public session at approximately pm.

MOTION:	() To seal the minutes of the non-public session indefinitely.
VOTE:	( ) The motion carries.

ADJOURNMENT

MOTION:	( ) To adjourn the meeting.
VOTE:	( ) The motion carries.

The meeting was adjourned at approximately pm.

Respectfully submitted,

Charity A. L. Willis

Recording Secretary