BOS Minutes 05-25-2004

APPROVED

TOWN OF PELHAM

BOARD OF SE= LECTMEN MEETING

MINUTES

May 25, 2004

APPROVED – June 1, 2004

CALL TO ORDER

PLEDGE OF ALLEGIANCE

PRESENT:

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

Also present:

ABSENT:

Mr. Tom Gaydos, Town Administrator, members of the p= ress and general public.

None

&nbs= p;

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

MINUTES RE= VIEW

May 18, 2004 – deferred to the n= ext meeting.

OPEN FORUM=

Mr. Dave Auger, 25 Stevens Road referenced the Selectmen’s = August 19, 2003= during which the Selectmen granted permission to Mr. Brian Hanlon to maintain some part of said frontage of the cul-de-sac frontage on Stevens Road. He said he had been advised by his attorney that the permission was improperly granted because the information provided to the Selectmen was believed to be inaccurate. He said the area represented a lit= tle more than one third of his two hundred feet (200ft) of frontage. He recognized that the area was To= wn property. He requested that t= he Selectmen review. Mr. Auger s= aid they believed that the permission was erroneously given and requested the permis= sion, ability and right to maintain the frontage (Town property) in front of their property. He provided photogr= aphs of the property. He questione= d why the Selectmen granted Mr. Hanlon the permission to maintain only a portion = of the cul-de-sac. He noted that= Mr. Hanlon purchased the property in 2002, and had first maintained it in spring 2003, which is when they questioned the maintenance. He ended by saying they were reque= sting the ability to maintain the two hundred feet (200ft.) in front of their pro= perty.

Mr. Auger discussed how the area had been maintained a= nd reiterated that they would like the ability to maintain the area in front of their home.

Mr. McDevitt asked if the area was Town property, or T= own right-of-way. Mr. Gaydos said= the area in question was Town property. Mr. Auger questioned why Mr. Hanlon was granted permission to mainta= in only a portion of the area. He sai= d they were not cognizant of the request and informed by their neighbor that they could not touch the portion of the property. He restated their request to maint= ain the Town owned portion of property in front of their residence. He also believed if Mr. Hanlon was= going to be granted permission to maintain the cul-de-sac, he should maintain the entire cul-de-sac.

Mr. Gaydos confirmed the area in question as based upo= n a map of the area submitted to the Selectmen and explained what areas were To= wn owned. Mr. Auger said he unde= rstood the area was Town property, and was requesting permission to maintain the T= own owned area in front of his residence.

Mr. McDevitt said the Selectmen understood the concern= and would like to take the request under advisement and make a decision within the ne= xt couple weeks. He said they wo= uld contact Mr. Auger to inform when the Selectmen would make a decision.

Mr. McDevitt asked in granting the permission if Mr. A= uger felt there had been an injustice done to him. Mr. Auger believed there was an injustice because he was not apprised of the situation and was not consulte= d in the fact that permission was going to be granted in front of his frontage.<= span style=3D'mso-spacerun:yes'> In his perspective the permission = was granted behind his back. Mr. = Auger requested that the Selectmen revisit the permission given to Mr. Hanlon, and asked that the Selectmen grant him permission to maintain the Town property= in front of his property.

Mr. Lynde arrived.&nb= sp;

There was further discussion regarding the differences with property that is deeded, versus property containing an easement. Mr. McDevitt said further research was needed.=

Mr. Steve Nowe, 54 Hayden Road was informed by his neighbor regar= ding a news article about Raymond Park in connection to hunting. He believed that approximately 70%= of game (i.e. deer and turkey) harvested in Town came from the area behind Ray= mond Park. He said there werenR= 17;t many areas remaining for hunting and felt it was extremely valuable to chil= dren growing up today to be brought up with values of hunting and fishing. He asked that the parks be kept op= en for hunting. He felt that Town pr= operty was owned by the taxpayers. H= e felt it would be a bad move to post the parks.&= nbsp;

Mr. Nowe then addressed ATV’s, which he believed should be allowed in Town. He= asked if it were true that written landowner’s permission was necessary to = ride on landowner’s property. Mr. McDevitt believed written permission was a state law. Mr. Danevich said if a person was = off their own property, they had to be licensed and only ride on areas that were posted. Mr. Nowe asked if the= re was a Town By-Law that required a landowner’s written permission. Mr. McDevitt said there had been a= lot of activity in the state regarding OHRV’s, which would have to be researched. He said in the 1980’s Town Meeting passed a fairly extensive OHRV ordinance. Mr. Nowe said he had a neighbor th= at granted verbal permission, but couldn’t provide written permission because he wouldn’t be covered by his insurance. He didn’t feel the Town coul= d tell residents what they could do with their property. Mr. McDevitt believed it was a sta= te law and said the Selectmen would research and provide a copy of the Town Meeting warrant passed in the 1980’s as well as provide a copy of the state laws.

APPOINTMEN= TS

Requiremen= ts for Central Fire Station – Chief Fisher

Mr. McDevitt said the Selectmen had a discussion regar= ding the location of a central fire station.&nb= sp; During the discussion it was brought up that the Fire Chief needed direction as to whether the current central fire station should/could conti= nue in its current location. The = Fire Chief was asked to review the needs of the fire station for the next ten, fifteen and twenty years to better determine where a central fire station w= ould best be located.

Fire Chief David Fisher met with the Selectmen and dis= cussed the type of building that may be needed to serve the Town for the next twen= ty years. After research it was determined that the new station would sit on approximately four acres, the = land to support that was presently undetermined. The building was looked at with the projected future of twenty years; with the land and building design if expansions were needed, it would be able to be done with a minimum of expense. Chief Fisher went on= to review the building dimensions and the apparatus bays (which could each hold three pieces of equipment) and rooms contained therein. He showed the Selectmen a renditio= n of an existing building that was comparable to that which could service the To= wn over the next twenty years. He noted that there was no room for garage expansion at the current location, which was one of the biggest problems right now.

Mr. Lynde asked what determined the acreage for the station. Chief Fisher said the building and the ramps (eighty feet as well as the area to drive around the structure) would be approximately two and one half acres. He said there should be approximat= ely seventy-five to eighty parking spaces.&nbs= p; He said an area to turn trucks around and wash them would also be needed. The sleeping quarters= were discussed. Chief Fisher said = they were reviewing the type of structure that could be used within reason today= , as well as what could be in place in twenty years.

Mr. Danevich asked for a ‘ballpark’ price = of the facility. Chief Fisher said i= t was difficult to provide a number with the little research that had been done, = but understood from a contracting company that did fire stations the cost could= be $150 per square foot. He said= a ‘turn-key’ building would cost approximately 2.5 million. Mr. Danevich noted that the current station didn’t have a women’s locker room, which he viewed as a deficiency. Chief Fisher said= the current station didn’t have room to add a women’s locker room.<= span style=3D'mso-spacerun:yes'>

Mr. McDevitt felt the presented information was valuable. He said the Selectm= en still had to make decisions whether or not to move the current station. He asked what was being proposed in regard to the next steps to take. Chief Fisher said he would like a solid direction/decision from the Selectmen so he could put together a committee who would review numbers, lo= cations and design. He had a list of individuals interested in being on such a committee. He requested that the Selectmen ke= ep the committee open for a week or two to allow for additional volunteers.

Mr. Derby asked the status of the substation. Fire Chief said he was still revie= wing the number for the total package (substation and central station), which was approximately 3.5 million. He= said the substation was still the ultimate goal and the most needed.

Mr. Lynde didn’t see a problem with putting a committee together. Chief Fis= her said because he had not done a project like this in the past, he was seeking resources (volunteers) for help with research. Mr. McDevitt noted that the Munici= pal Building Committee had reviewed current facilities and determined if they c= ould be used and said it would be helpful if the existing fire station facility = was reviewed to determine if it could be used.= Mr. Lynde said the needs for equipment wouldn’t fit at the cur= rent fire station. Mr. Danevich fe= lt the Selectmen could conclude that the current site didn’t meet the acreage requirements for the future. = Mr. McDevitt said he would like to be able to provide the Fire Chief with direc= tion; however he wanted Mr. Bergeron to have the opportunity to review the propos= al.

Chief Fisher asked if there was any objection to a com= mittee forming. There was no objecti= on to the formation of a committee. Volunteers will be interviewed by the Selectmen in the next few weeks.

OTHER BUSI= NESS

Muldoon Park<= /st1:PlaceType>, Second Egress Discussion

Mr. McDevitt said Article #34 (develop second egress a= t Muldoon Park) had been defeated at the 200= 3 Town Meeting. He said the issue was still on the Selectmen’s list of priorities. He said the owner of ML4-134 on mo= re than one occasion had offered to grant the Town a 50ft. right-of-way over t= he parcel. He said the parcel wa= s wet, but believed it may be the only way to get out of the park and should be considered. He said the parcel would need to be reviewed to determine the amount of work to be done. He said the safety should also be = reviewed and suggested that it be referred to the Safety Committee for advice. Last, a second egress would need t= o be reviewed to determine if it would solve the traffic problems.

Mr. Gaydos felt referring the question of a second egr= ess to the Safety Committee (Police Department, Fire Department, Planning Departme= nt, Park &Recreation and Highway Department) was a good idea. Mr. McDevitt asked that the Park &= amp; Recreation Director ‘touch base’ with the Little League and Razorbacks for their opinions.

Mr. Lynde believed that Little League was interested i= n a second egress. He said the eg= ress may be another solution to the parking situation. He cautioned against aligning the = egress across from Hancock Lane because of crossing the gas pipeline; he felt the site distance would be be= tter further up the road.

Mr. Derby questioned if access could be obtained throu= gh the Washington, or Jefferson Road cul-de-sac. Mr. Gaydos will a= sk the Planning Director (Will D’Andrea) should check his records regarding = the possible rights-of-way at the end of the Washington Road and Jefferson Road cul-de-sac.

Mr. McDevitt summarized by saying that the sense of the Selectmen was to refer to the Safety Committee to determine if in their opi= nion a right-of-way over ML 4-134 would be beneficial. Mr. D’Andrea (Planning Direc= tor) will be asked to determine if the Town has rights-of-way over the Washington Road and Jefferson Road cul-de-sacs.

Mr. Bergeron arrived.

2005 Budge= t Process Discussion

Mr. McDevitt highlighted the budget dates; June 11th is when budgets from Department Heads are due to Mr. Gaydos; June 18^th= budgets are due to the Selectmen for review. The Selectmen discussed when they = would be able to review budgets.

Mr. Bergeron asked if there was a way to request that = the budgets focus on what departments really need to try and keep the tax rate down. The conversation then m= oved into the Budget Strategy & Guidelines Discussion….

Budget Str= ategy & Guidelines Discussion

Mr. Lynde felt Department Heads should be ready to jus= tify items contained in their budget, but didn’t want to inhibit them so t= hat the Selectmen could review and make a conscious decision whether the item should be deleted. Mr. Berger= on felt departments should be focused and see if they could continue with what= was given them last year. Mr. Der= by felt there may be some unknowns because of the school tax. Mr. Danevich felt the Selectmen bu= dget review process may be sped up by the following ideas: 1) set a target percentage goal and provide to the Department Heads, if they can’t ad= here to it, the Selectmen should be made aware why they can’t; 2) a summary spreadsheet listing all departments budgets for a quick reference; 3) non-recurring budget items not being carried over by default; 4) understand process of payroll labor increases; 5) alignment of budget with CIP items; = 6) grant opportunity documentation for items contained in budget; 7) explanati= on of what would happen if departments don’t get certain items contained= in budget.

Mr. McDevitt asked how the Selectmen felt about asking departments to present everything they needed, or if departments should be asked to adhere to a certain growth percentage. Mr. Gaydos felt department heads s= hould be encouraged to let the Selectmen know everything they need, but also inform = what would happen if they didn’t get it. After further discussion, Mr. McDevitt asked that Mr. Gaydos inform the department heads that the Selectm= en need the budgets; he said he would work with Mr. Gaydos to create a spreads= heet that showed percentage increases and highlight items that were not included= in last year’s budget.

Self-Fundi= ng Programs

Mr. McDevitt said the Selectmen had touched upon the possibility of certain departments being self-funded and felt there should = be further discussion.

Mr. Lynde said the Park & Recreation Department was looking to set up a computer program to determine profit/loss of the differ= ent recreation programs. Mr. McDe= vitt asked if the overhead costs would be allocated to certain programs. Mr. Lynde used summer camp as an example, which costs could conceivably be allocated; other programs might h= ave more success, such as bidi basketball and fall soccer. Mr. Gaydos said the Park & Rec= reation Director was currently in the process of obtaining the detail on each progr= am and identifying all expenses. Mr. McDevitt asked if the direction of the Board was to move in the direction t= hat the programs put out broke even as much as possible. Mr. Lynde said the intent of certa= in programs was to be self-funding.

Mr. Lynde felt the Transfer Station should be reviewed= for self-funding. He discussed wh= at programs other towns had implemented, such as a paper bag program. Mr. McDevitt said the Superintende= nt of the Transfer Station was an enthusiast of the pay-as-you-throw program. Mr. Gaydos said he had reviewed ot= her communities and said there were pros and cons. Mr. Bergeron said the recycling bi= ns would remain free and believed that disposal of bags could cost approximate= ly $1 per bag. He said possibly = the Town could try the program, and could stop if the residents decided they didn’t like it. Mr. Der= by noted there was a problem at one shopping center with people dumping in the dumpster. There was a brief discussion

The Selectmen let the public know that they were givin= g further thought to a pay-as-you-throw program at the Transfer Station; feedback is solicited; there will be a presentation at an upcoming meeting.

BOS Hiring= Policy – Full Time, Part Time, Others

Mr. McDevitt discussed the current policy. Mr. Lynde said he would like the departments to let the Selectmen know the process they take when hiring both part-time and full-time employees. <= /span>The Selectmen discussed the hiring process and if they should continue intervie= wing part-time employees, or have the Department Heads handle the hiring. Mr. Gaydos asked if the Selectmen = wanted to be introduced to, or conduct interviews with part-time employees. Mr. Danevich said he would work wi= th Mr. Gaydos to draft a hiring policy for Selectmen review.

Noise Ordi= nance Discussion

Mr. McDevitt circulated copies of the House Bill deali= ng with OHRV where the Legislature encouraged municipalities to enact noise ordinances under their existing statutory authority (RSA 31:39 and RSA 47:1= 7). He said of the occasional noise complaints, some were resolved under current law, and some were not. He wanted the Board to take a posi= tion as whether they wanted to pursue a noise ordinance. The Police Chief drafted a report = of noise complaints which specified the type of complaint and if it was handle= d by existing laws. Mr. McDevitt f= elt the Selectmen should review the material handed out and discuss the issue during a later agenda.

Annex Disp= osition – Moving Cable TV

Mr. McDevitt asked if it was the intent of the Selectm= en to ask Mr. Jim Greenwood (PTV) to move cable TV out of the Annex. Mr. Gaydos said he had discussions= with Mr. Greenwood and wanted to get an idea from him what he needed for space, electrical access and proximity to Sherburne Hall. Mr. Lynde said the moving costs sh= ould be determined and agreed that an overall plan should be drafted. Mr. Gaydos will ask Mr. Greenwood = to provide the Selectmen with a summary explaining what moving out of the Annex would entail and what his needs would be.&= nbsp;

Discussion= of Priorities List

Mr. McDevitt provided the Selectmen with a copy of the priority list which he had added executive sponsors to certain items.

Land Donat= ion – Map 2 Lot 5-75

Mr. Gaydos said correspondence had been received from a property owner who was requesting that a certain property be donated to the Town as part of a subdivision. He forwarded correspondence to the Planning Department and the Conservation Commission per RSA 41:14A. He= said once a response had been received back, two separate public hearing would be scheduled. Mr. McDevitt said = the parcel of land was a small triangular piece of land consisting of .693 acres that would be added to Elmer G. Raymond Park.

Appointmen= t of Engineer for Raymond Park – Possible Vote

Mr. McDevitt said the Selectmen may want to wait anoth= er week pending a response from Dufresne-Henry (firm working with Planning Board). He said at this point proposals had been received from TFMoran and CMA.

Town Cente= r Discussion

Mr. Bergeron said at the last Selectmen meeting he had= asked if it would be okay for him to contact Congressman Charlie Bass’ offi= ce to see if he could get funds for the intersections at the center of Town. He said he made an appointment wit= h a project assistant for Congressman Bass, Mr. Matt Hagerty. He said Mr. Hagerty needed additio= nal information from the Town so that a proposal could be drafted. Mr. Bergeron felt of the three pro= posals for the Town center, the installation of two sets of lights with connecting signalization at the two center intersections had the clearest number ($255= ,000) and could be done the soonest. He said if the Town put in a proposal it would be amongst the first received f= or 2005, which would give the Town an advantage. He discussed what information had = been provided to Mr. Hagerty and suggested that testimony from the Police and Fi= re Chiefs would be helpful. He s= aid because it was a top priority, it would be a positive thing to do.

Mr. Lynde believed the Selectmen should make a decision regarding the Fire Chief’s proposal because it may affect the type of= decision made regarding the Town center. Mr. Danevich agreed. Mr. Lynde as= ked if the installation of lights would negatively affect the Town in the state’s view if the Town then wanted to be added to the state’s= ten year plan. Mr. Bergeron said = he read a news article which reported that Congressman Bass was able to get amounts for other towns. He s= aid that Mr. Hagerty sounded positive and the Town only needed to make the request. He said he would wor= k to gather additional information and requested that the Selectmen discuss the issue further at an upcoming meeting.

Mr. McDevitt pointed out that there had been a petitio= n for signalization that had been turned down by the voters (2003 Town Meeting).<= span style=3D'mso-spacerun:yes'> He also noted that he had offered = an amendment to the petition warrant article to address some of the right-of-w= ay issues. He said the right-of-= way issues were clearly exhibited in the GEOD report. He said that the number provided b= y NRPC and the number that the Town previously had didn’t include issues aro= und property taking. He felt the Selectmen should be cautious in how they approached the issue based upon the substantial no vote and the right-of-way issues. He said if the Selectmen went on r= ecord with the Congressman’s office as saying they wanted signalization, th= ey may be sorry since the voters said they didn’t want the proposal. He said the Selectmen should figur= e out a proposal that would be suitable to the voters.

Mr. Bergeron felt the issue was important to everyone.= He asked if he could contact the p= eople from GEOD to clarify the right-of-way issue sooner, rather than later. Mr. McDevitt said there was a copy= of the report on file to review. Mr. Derby said that one plan said land would need to be taken; the other plan s= aid it didn’t. Mr. Bergeron requested that the Selectmen resolve the question on a future agenda. Mr. McDevitt said that Pelham Center was not going to go away from the Selectmen’s agenda.

Donation o= f Piano

Mr. McDevitt said that Ms. Glennie Edwards had a piano= that she would like to donate to the Town for use in Sherburne Hall. The piano was either in tune, or w= ould be able to be brought in tune. Mr. Lynde asked if a public hearing was necessary. Mr. McDevitt said he would find ou= t the estimated value. It was noted= that items with a value less than $500 didn’t need a public hearing. Mr. Lynde questioned where the pia= no would be placed. Mr. McDevitt= said he would find out if the piano had wheels and other information to report b= ack to the Selectmen.

Counsel on= Aging Recommendation

Mr. McDevitt said because of time constraints for appointment, Ms. Sue Hovling, Senior Center Director submitted a list of seniors who wished to be appointed to the Counsel on Aging for a one-year period (May, 2004 – May, 2005). He said typically the Selectmen made the Counsel on Aging appointmen= ts without interviews and asked if it would be alright. He read the list of names aloud.

MOTION:=

(Lynde/Derby) To appoint the following persons to the Counsel on Aging for a one-year period: Blanche Forest, Barbara Tracy, Ma= rcy Jennings, Shirley Janocha, Gloria Sheehan, Daniel Atwood, Georgia Atwood, Christopher Sintros, Eugene Carter, Dorothy Carter, Otis Titcomb, Virginia Titcomb, Helen Harris, Eleanor Ingraham, Harriet Mansfield – Altern= ates Irene Cove & Kay Silloway.

=

VOTE:

(5-0-0) The motion

TOWN ADMINISTRATOR’S/SELECTMEN’S REPORTS

Mr. Gaydos said he met with DRA regarding the Castle Hill Road bridge issue. Essentially the original warrant article raised $3000 (appropriate $15,000 - $12,000 would = come from a grant). The warrant ar= ticle didn’t anticipate that the Town could not get the $12,000 unless the = Town went to final design, which will cost $75,000 each for Pelham and Windham ($60,000 = would be the state’s matching grant). Mr. Gaydos said $15,000 had already been spent for the preliminary study, and the Town could stop at this point and not do anything further, o= r finish the final design ($75,000) (funding is available to give $60,000 back). He said there was no commitment to complete the construction after the final design was done. Mr. McDevitt reviewed the options:= 1) proceed with the project; 2) given the fact that the warrant article had be= en misinterpreted and the Town had committed itself to something the question is to either st= op right now, or take the next step (per DRA’s advice) go to the Budget Committee and commit $15,000 for the preliminary engineering work to get an estimated cost to rebuild the bridge. Mr. Gaydos said the $15,000 had already been spent on a preliminary design; the question was if the Town wanted to spend another $60,000 (and t= hen receive that amount back from the state) so that a final design could be ob= tained (and shelved).

Mr. Lynde asked if Windham had the same situation. Mr. G= aydos said Windham had written their warrant article differently. He noted if the Town didn’t = want to pursue, it would be a default matter that would come out of the Highway budget.

Mr. Bergeron asked if the intent to go forward and som= eday do the bridge sharing the cost with Windham had changed. Mr. McDevitt sai= d the warrant article did not authorize the Town to fully repair the bridge. Mr. Bergeron asked what was expected. Mr. Lynde said a co= st estimate was expected. Mr. Ga= ydos discussed the situation and explained that a final design would narrow the = cost estimate, and ultimately go out to bid.&nb= sp; He said Windham had decided to fund all the way to final design. The Selectmen continued their disc= ussion regarding the situation. Ther= e was no disagreement by the Selectmen to proceed and submit a request to the Bud= get Committee.

Mr. Bergeron confirmed that the Merrimack Valley Regio= nal Water District would hold a public hearing June 1, 2004 at 7pm. H= e said Ms. Karen White would be available for the public hearing.

Mr. Derby had no report.

Mr. Danevich read aloud information contained on the P= elham Fire Department website regarding the mock disaster incident that would take place May 28, 20= 04 that would be done in conjunction with Homeland Security.

Mr. Lynde noted that there had been a continual proble= m with vandalism at the park. The Pa= rk & Recreation Director was looking for a way to mitigate the problems.

Mr. McDevitt informed that the Memorial Day parade wou= ld begin at the American Legion at 10am. The Selectmen are asked to arrive between 9:30am an= d 9:45am.

REQUEST FOR NON-PUBLIC SESSION

MOTION:=

(Lynde/Derby) Request for a non-public session per R= SA 91-A:3,II, a & c (Personnel; Matters which, if discussed publicly, wo= uld affect adversely the reputation of any person)

=

ROLL CALL:<= /b>

Mr. McDevitt-Yes; Mr. Danevich-Yes; Mr. Lynde-Yes; M= r. Bergeron-Yes; Mr. Derby-Yes

Mr. McDevitt noted that when the Board returned, after= the non-public session, the Board would not take any other action publicly, exc= ept 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:= 30 pm. Also present was Mr. Gaydos. It was noted that Mr. Bergeron wou= ld be excused during any discussions pertaining to junkyards.

The Board returned to public session at approximately = 10:00 pm.

=

MOTION:=

(Lynde/Danevich) To seal the minutes of the non-publ= ic session indefinitely.

=

VOTE:

(5-0-0) The motion carried.

ADJOURNMEN= T

MOTION:<= o:p>

(Lynde/Danevich) To adjourn the meeting.

=

VOTE:

(5-0-0) The motion carri= ed.

The meeting was adjourned at approximately 10:00 pm.

   &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;           Respe= ctfully submitted,

   &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;           Chari= ty A. L. Willis

   &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;           Recor= ding Secretary