BOS Minutes 07-13-2004

APPROVED

TOWN OF PELHAM

BOARD OF S= ELECTMEN MEETING

MINUTES

July 13, 2004

APPROVED – July 27, 2004

CALL TO ORDER

PLEDGE OF ALLEGIANCE

PRESENT:

Mr. William McDevitt, Mr. Victor Danevich, Mr. Jean= -Guy Bergeron, Mr. Richard Derby, Mr. Tom Gaydos, Town Administrator

Also present:

ABSENT:

Members of the press and general public.

Mr. Harold Lynde

&nb= sp;

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

MINUTES R= EVIEW

June 29, 2004=

MOTION:=

(Derby/Bergeron) To approve the June 29, 2004 meeting minu= tes as amended.<= /p>

= ;

VOTE:

(4-0-0) The motion carr= ied.

The amendments to the minutes were as follows: page 1 – the Fire Study Committee’s objective was inserted as follows: ‘This committee’s miss= ion will be to identify locations = for a central fire station and possibly a satellite station. These locations will be selected = based upon determinations of proposed station size and need with a projected twe= nty year horizon’; page 4, the name Mr. Steve Wagner was deleted fro= m the agenda heading regarding <= /b>NRPC Hazard Mitigation because he was unable to attend the meeting; page 9, 1st paragraph the word was shall be inserted in the following sentence ‘= that Mr. Bergeron was pollutingR= 17;; page 10, 3^rd paragraph – the word ‘not’ shall be inserted into the following sentence ‘leakage is not something that is seen often’;

OPEN FORU= M

None.

APPOINTME= NT(S)

Fire Stat= ion Interview - Charlie Mooskian

Mr. Charlie Mooskian was not present for the meeting.=

Fire Stat= ion Interview - Holly Saurman

Ms. Holly Saurman met with the Selectmen to discuss h= er application for the Fire Station Building Committee. She had an interest in all aspect= s of public safety. Mr. Danevich = asked Ms. Saurman if she served on any other Town boards, or elected position. Ms. Saurman said she currently didn’t hold an elected position in Town government, but noted she wa= s the Vice President of Little League (elected through parents of Little League)= and a member of CTAC. Mr. Danevi= ch was excited that Ms. Saurman applied and believed she was well suited for the Committee.

MOTION:=

(Danevich/Bergeron) To appoint Ms. Holly Saurman to= the Fire Study Committee (aka Fire Station Building Committee).

= ;

VOTE:

(4-0-0) The motion carr= ied.

Conservat= ion Commission Alternate – Glennie Edwards

Ms. Glennie Edwards, 12 Tenney Road, met with the Selec= tmen to discuss her application to be an Alternate for the Conservation Commission. The position int= erested her not only to help the Conservation Commission with the number of member= s but also because she had worked with them for over two years and wanted to lea= rn more about issues and items that came before the board.

Mr. Bergeron asked Ms. Edwards if she was the acting = Recording Secretary for the Conservation Commission. Ms. Edwards said she was the Recording Secretary and also helped wi= th other secretarial duties. Mr. Bergeron asked if it was okay for Ms. Edwards to be the Recording Secretar= y and an Alternate. Mr. McDevitt s= aid there was no conflict other than if the committee were taking a vote regar= ding the secretary.

Mr. Danevich thanked Ms. Edwards for her volunteerism= .

MOTION:=

(Danevich/Bergeron) To appoint Ms. Glennie Edwards = as an Alternate to the Conservation Commission whose term will expire April 1, 2007= .

= ;

VOTE:

(4-0-0) The motion carr= ied.

* see below = for additional Appointments

OTHER BUS= INESS

Accept Ho= meland Security Grant – Chief Fisher

Fire Chief E. David Fisher met with the Selectmen and informed that the Town had received a grant check in the amount of $31,700, which equaled the funds supplied by the Town to renovate the former Police station for Fire Department use. The funds should be enough to complete the project at the least cost possible.= They will continue to seek donati= ons for items such as dry wall and doors etc.&nbs= p; He asked the Selectmen if they would accept the check.

MOTION:=

(Danevich/Bergeron) To accept the grant check in the amount of $31,700.

= ;

VOTE:

(4-0-0) The motion carr= ied.

Chief Fisher discussed the grant application process = and informed the Selectmen that over the last year the Town received, from the state and federal governments, over $200,000 in grant monies. He was hopeful that the Town would continue to receive grants which would enable the Town to get needed things without cost to the taxpayers.

Hiring of= Fireman

REQUEST FOR NON-PUBLIC SESSION

MOTION:

(Danevich/Derby) Request for a non-public session p= er RSA 91-A:3,II,b (Hiring of any person as an employee)

= ;

ROLL CALL:=

Mr. McDevitt-Yes; Mr. Danevich-Yes; Mr. Bergeron-Ye= s; Mr. Derby-Yes

The Selectmen entered in non-public session at approx= imately 6:45pm and retu= rned to public session at approximately 6:55pm.

MOTION:=

(Danevich/Derby) To hire Mr. Robert Horn as a full-= time Fire Fighter/EMTI effective July 27, 2004, contingent upon successful completion of a backgro= und check and completion of a physical exam.

= ;

VOTE:

(4-0-0) The motion carr= ied.

Robin Road, Honey Lane Update

Mr. Gaydos said the Town had a successful meeting wit= h the developer (Mr. Mahoney) all items had been agreed upon; the wording was wi= th the attorneys for review. He= said once the wording had been approved, a package will be sent to the Selectme= n and a contractor would be scheduled. He wanted to have the project completed before the Fall. Mr. McDevitt understood that Plan= ning Board action would be needed at some point. Mr. Gaydos said the Town was seek= ing legal opinion on how to proceed. He said he requested that the attorney speak with the Planning Board Chairman= to ‘iron out’ the legal aspects.=

It was noted that Mr. Tim Fraize had been contacted a= nd provided with an update on the project.

* see below = for additional Other Business

APPOINTME= NTS CON’T…

Poplar Hill= Land Acquisition

Conservation Commission Chairman Bob Yarmo and Open S= pace Committee member Deb Waters met with the Selectmen to discuss the proposal= for the purchase of a thirty-six (36) acre parcel identified as Map 25 Lot 12-= 38 known as the Calitri parcel on Poplar Hill. The signed Purchase and Sales (‘P&S’) agreement was for $350,000. Mr. Yarmo said the parcel would su= pport a sixteen (16) lot subdivision and noted that he had a conceptual subdivisio= n plan that included topography. He= said the parcel came to their attention through Hearthstone Realty who was the developer of Stonepost. He s= aid the recommendation was that the funding be made out of the Bond Fund.

Ms. Waters reviewed the items contained in the packet= (i.e. minutes, vote, correspondence, colored map) that was previously provided t= o the Selectmen. She said the appr= aisal came in at $445,000; the owner was giving a gift of value to the Town of $95,000 and requested in exchange for the gift that the land be named the Calitri Family Conservation Area (which was being stipulated in the P&S). She noted in the b= ack of the packet was the response to the checklist. She ended by providing a brief ov= erview of the lot statistics (that reviewed the importance of the parcel not only= for conservation, but also for wildlife).&nbs= p;

Mr. Derby questioned the 50ft. right-of-way that was = adjacent to the parcel. Ms. Waters sa= id when a conceptual subdivision was proposed, the former Planning Director had requested that the 50ft. right-of-way be included in the plan.

Mr. Bergeron asked when papers would be passed if the= vote was favorable. Ms. Waters sa= id the P&S required that papers pass on August 7, 2004.&nb= sp; She believed the only thing remaining was the final environmental r= eport from West Environmental. She= said the surveyor had been contacted regarding the perimeter survey and informe= d that they wanted to receive the plan.

Mr. McDevitt confirmed that there was a provision tha= t gave the Selectmen an opportunity to walk the site. Ms. Waters said they built it int= o their timetable. Mr. McDevitt aske= d Mr. Gaydos to schedule a site walk.

Ms. Waters said there had been a lot of public suppor= t and noted she would submit a support letter that contained the supporter’= ;s names.

Mr. Danevich said he was familiar with the parcel bas= ed on surrounding developments. He= said because the parcel was slated for development, if it could be placed into permanent conservation it would reduce the number of homes in the area. He felt the checklist was the most important document and noted that it satisfactorily answered all the criteria. He pointed out tha= t there was nothing contained on the checklist for disqualification that would constitute disqualification of the parcel.

Mr. McDevitt thanked those involved for their time in compiling the package.

= ;

MOTION:

(Danevich/Derby) To purchase the parcel on Poplar Hill Road known as tax map 25-12-38 for $350,000.

= ;

VOTE:<= /p>

(4-0-0) The motion carried.

Hinds Lan= e Update

Conservation Commission Chairman Bob Yarmo provided a= brief update to the Selectmen regarding the Hinds Lane Survey. It was his understanding that a f= ull survey would be done before closing and believed that 90% of the work had already been done, unfortunately, the information he was given was not rel= iable. Mr. Yarmo believed the concerns c= ould be addressed by other survey methods. = He proposed that a compass and tape (line) survey be done through matching the deed descriptions which would allow the acreage to be calculated and addre= ss the issue of how many acres would be purchased in Pelham and Hudson.

Mr. McDevitt asked if the suggested method would addr= ess the frontage on Hinds Lane. Mr. Yarmo said that property line= would be measured by a different method (instrument survey) with research in Concord regarding= the layout of the line and Hi= nds Lane. He said the last report he had in= dicated that there was frontage onto Hinds Lane. He ended by saying that a surveyors worksheet would be done that us= ed the deeds around the property to ensure everything matches up. A full survey would be done when = the wetlands were frozen.

Mr. Bergeron felt there needed to be documentation be= fore closing that the 135 acre parcel met the boundaries. Mr. Yarmo said the proposal from = the engineering firm would certify that there was 135 acres plus/minus. The surveyor’s worksheet wo= uld contain the quantity of acreage. Mr. Bergeron asked in what timeframe the survey would be completed.= Mr. Yarmo said it should be compl= eted during the last week in July/first week in August so if any big issue came= up, they could go back to the seller. Mr. Bergeron asked if there was potentially frontage onto water. Mr. Yarmo said the frontage was o= n Hinds Lane= .

There was no objection by the Selectmen to Mr. Yarmo&= #8217;s suggestion regarding how the survey of the property would be done.

OTHER BUS= INESS CON’T…

Review of= Budgets

Mr. McDevitt discussed the process the Selectmen took= when reviewing budgets. He said o= nce the Selectmen were finished reviewing the budgets they would vote on them at w= hich time they would be presented for review to the Budget Committee and later presented at Town Meeting.

Fire Departm= ent – Town Meeting appropriation for 2004 was $1,039,059. The department request for 2005 - $1,090,327. Fire Chief E. Da= vid Fisher said approximately 80% of the increase were due to salary increases= . Each line item contained in the b= udget was reviewed by the Selectmen. Chief Fisher handed out an informational sheet describing a ‘Stair-Pro chair’ and an ‘ambulance cot’ one of wh= ich would be requested under new equipment.&n= bsp; Mr. Danevich suggested that the request be modified to two pieces of equipment, to maintain consistency with the two ambulances. Mr. McDevitt asked that it be ame= nded at the time the Selectmen vote. The following Warrant Articles were submitted:

To raise and appropriate $130,000 that would fund four full time fire fighter/EMT positions (from April 1, 2005 – December 31, 2005). The addition of these positi= ons will bring Pelham into compliance with NFPA minimum standards of two = fire fighters inside, two fire fighters outside.

To raise and appropriate $10,000 for placement in the Ambulance Capital Reserve Fund.

It was noted that a warrant article may come forward = with regard to new stations depending on the decision of the committee reviewing.

Emergency Ma= nagement – Town Meeting appropriation for 2004 was $942. The request for 2005 - $947

Seniors R= 11; To be presented at a later meeting.

Assessing &#= 8211; Town Meeting appropriation for 2004 was $48,548. The request for 2005 - $91,487. There was a decrease in salaried,= but an increase in the expense item. Mr. Gaydos discussed the situation in the office. The request for an Assessing Assi= stant and additional coverage was included in the budget. Mr. Gaydos explained how the offi= ce was currently staffed and what the proposal was for the upcoming year.

Mr. Gaydos said he would be submitting a warrant arti= cle for revaluation if that’s the direction the Selectmen would like to go.<= span style=3D'mso-spacerun:yes'> He explained that the Town was un= der state mandate to complete a revaluation by 2006. Mr. McDevitt said he would like to discuss the situation when a full Board was present.

Budget Commi= ttee – Town Meeting appropriation for 2004 was $2547. The request for 2005 - $2457.

Debt Service= Interest – The amount for 2004 was $221,690. The request for 2005 - $212,190.<= /p>

Debt Service Principal – The amount for 2004 was $405,000. The request for 2005 - $303,500.<= /p>

Retirement &= #8211; The amount for 2004 was $323,326. The request for 2005 - $439,914.

<= /o:p>

Schedule = Interview for Assessing Assistant

Mr. Gaydos said the concept was to make a decision re= garding the Assessing Assistant at this time so the Town could take advantage of t= he training opportunity for the new candidate. He asked that two Selectmen work = with him to review the applications. Mr. McDevitt and Mr. Bergeron will assist Mr. Gaydos with the initial review of applications.

Pelham Co= mmunity Theatre/Arts Request to use Sherburne Hall

Mr. McDevitt stepped down from the discussion so that= he may address the Selectmen as a member of the Pelham Community Theatre Board of Directors. Mr. Danevich took= over as Chairman.

Mr. McDevitt, speaking as a Pelham Community Theatre = Board of Directors member, discussed the success of the recent Pelham Community Theatre’s presentation of Death by Chocolate. The Selectmen were thanked for th= e use of the hall and requested additional use of the hall. Rehearsals would be held on Thurs= days from 4pm – 9pm and Sundays from 10am – 2= pm; performances would be as follows: Charlie and the Chocolate Factory – September 24^th & 25^th ; Dracula - October 15^th & 1= 6^th; It’s a Wonderful Life - December 17^th & 18^{th .}

Mr. Bergeron asked if everything with the use of the = hall went well and wanted to know if guidelines would be set up for the hall= 217;s use. Mr. McDevitt believed t= here were some issues with cleaning and was unsure if snacks would be served du= ring the proposed productions.

MOTION:=

(Bergeron/Derby) To approve the Pelham Community Theatre’s use of Sherburne Hall for rehearsals on Thursdays from 4pm – 9pm and Sundays from 10am – 2pm

= ;

VOTE:

(3-0-0) The motion carr= ied.

Mr. Danevich said as part of the learning experience = for groups using Sherburne Hall, the following items should be addressed: 1) breakdow= n of the television equipment (including desks etc.) which costs $250; 2) clean= ing Town Hall labor costs would be - $50 (if no food and beverages served) and= $100 (if food and beverages are served) on a per production basis; 3) carpet cleaning services- $35 per hour. Mr. Gaydos felt an appropriation should be made to keep the facility clean. The estimated cost per performanc= e is $550. Mr. McDevitt asked if = the Selectmen would be willing to approve the dates and the costs; if there is= a problem, he will get back to the Selectmen. Mr. Derby made a motion to approv= e the show dates and the costs discussed. He suggested that the costs apply to any group using the hall that = would incur clean up charges. Mr. = Gaydos believed the costs would be applicable to any group using the hall.

= ;

MOTION:

(Derby/Bergeron) To approve the Pelham Community Theatre’s use of Sherburne Hall for performances as follows: Charl= ie and the Chocolate Factory – September 24^th & 25th ; Dracula - October 15th & 16^th; It’s a Wonderful Life - December 17^{th<=
/sup>
& 18^th; the estimated costs for using Sherburne Hall is =
$550
per performance.}

= ;

VOTE:<= /p>

(3-0-0) The motion carried.

Mr. McDevitt returned to the Board and resumed the me= eting as Chairman.

Shephard Road Speed Limit Change from 30 MPH t= o 25 MPH

Mr. McDevitt said there had been a number of requests= relative to the speed limit on She= phard Road. The Police Chief forwarded a memo dated June 23, 2004 informing that the High= way Safety Committee recommended that the speed limit on Shephard Road be reduced from 30 M= PH to 25 MPH in the interest of safety. <= /span>

MOTION:=

(Derby/Bergeron) To reduce the speed limit on Sheph= ard Road from 30 MPH to 25 MPH, per the recommendation of the Highway Safety Committee (through a memo date June 23, 2004).

= ;

VOTE:

(4-0-0) The motion carr= ied.

Raymond P= ark: Donation Request

Mr. McDevitt said among the correspondence received r= elative to Raymond Park was a letter from William T. Hayes regarding the oil/tire = dump located on the Judge J. Albert Lynch.&nbs= p; The letter outlined concerns regarding containment and removal. The letter suggested that CMA dea= l with those issues and allow Mr. Hayes and Mr. Jeff Detellis to deal with the We= tlands Board regarding the wetlands non-specific permit that is required to compl= ete the twin fields now under construction.&n= bsp; With the Selectmen’s permission, Mr. Hayes would contact Dr. = Frank Richardson of the Wetland’s Board to schedule a conference (as volunteers) to be attended by himself, Mr. Detellis and Conservation Chair= man Bob Yarmo to find out what would be required to finish the two fields and = the mitigation. If necessary, Mr. Hayes noted tha= t he would consider offering to the state six acres of wetland he and his broth= ers owned in compensation for the filled in wetland in connection with the mit= igation. Mr. McDevitt read a portion of a = letter dated June 2, 2004 that had been received from Mr. Hayes, which indicated a refusal to operate. He asked= the Selectmen how they wanted to proceed.&nbs= p;

Mr. Danevich questioned why the request had been rece= ived, because it was his understanding that CMA had been hired (through a unanim= ous vote) to perform the work. H= e would like to have CMA continue.

Mr. Derby believed CMA should continue the work.

Mr. Bergeron commented regarding the June 2, 2004 let= ter and wanted to clarify that as a member of the Board he was not trying to ̵= 6;get anything’ on anybody. =

Mr. McDevitt believed Mr. Detellis had presented plan= s on behalf of landowners in front of the Planning Board where the Town (Raymond Park) had been the abutter. = He suggested that Mr. Detellis submit a volunteer application to ensure that = there was no perception of a conflict of interest. He agreed with the Board that CMA= had been hired and would decide what to do when they provided their report. He said he would send a letter to= Mr. Hayes outlining the Board’s opinions.

Mr. McDevitt said another letter had been received fr= om Mr. Hayes dated July 13, 2004 relative to his suggestions for a solution, many= of which had been considered by the Board.&n= bsp; The letter also contained the consequences if the Board didn’= t do what was outlined. Mr. McDev= itt believed the Board’s position was that CMA had been hired, the proce= ss would see itself through; and DES has commented. Copies of the letter will be circ= ulated to the Selectmen.

Mr. Danevich questioned what a Park Ranger was, what = their role was, how many there were, when were they were hired, what’s the length of term and how many did the Town have. Mr. McDevitt said he would resear= ch and get back to the Board. Mr. B= ergeron believed the Fire Chief may be able to answer the questions and thought he= may also be one.

Fill Vaca= ncy on Trustees of Trust Funds (3 year term)

<= /o:p>

Mr. Gaydos said he had been alerted to the fact that = there were only two of the three chairs filled.= He provided the Selectmen with a copy of RSA 669:73 that outline the vacancies of the Trustees of the Trust Funds. Mr. McDevitt encouraged anyone interested who had an accounting background (or comfortable with numbers) = to fill out a volunteer application form.

TOWN ADMINISTRATOR’S REPORT / SELECTMEN’S REPORTS

Mr. Gaydos discussed the Castle Hill Road Bridge and said he had a conversation with Mr. Bob Barry who is in charge of the = state bridge program. He said he a= lso had conversations with Windham’s Town Administrator Mr. Sullivan. He and Mr. Sullivan inquired from the state to get reimbursements of the amou= nts spent, even though the agreements were clear that final design had to be completed for the Town to receive 80%.&nb= sp; Mr. Barry came back with a proposal for both towns; if both towns w= ere interested in pursuing funding to complete the Castle Hill Bridge the plac= e in line would be held; if the towns didn’t want to proceed they would be taken out of line and reimbursed 80% of the $15,000 ($12,000).

Mr. Bergeron was in favor to go forward and felt it w= as important for the Town to work with its neighbors. Mr. Danevich agreed. He didn’t feel that conside= ration had been given to mutual aid for emergency response. Mr. McDevitt believed that the Se= lectmen were considering going back to the voters regarding the Castle Hill Road Bridge and told Mr. Gaydos he could convey to the state that the Selectmen had an interest. Mr. Gaydos said he= would also convey it to the Town of Windham.

Mr. Derby suggested that Mr. Gaydos discuss the Willow Street Bridge with the st= ate. Mr. Gaydos said the process was t= o fill out an application, which the state would review and grade and inform when engineering funds would be available.&nbs= p; Mr. McDevitt asked if there needed to be a warrant article submitted. Mr. Gaydos answer= ed no, because the Town had already started setting money aside which would be indicated to the state.

Mr. Derby noted that a letter had been received from = Highway Road Agent Don Foss dated June 28, 2004 indicating that he had interviewed applicants for part time laborers and recommended that Mr. Jesse Marcum and Mr. Jeffrey Burch = be hired for the litter crew beginning July 12, 2004 (hourly pay $10.79).

= ;

MOTION:

(Derby/Bergeron) To hire Mr. Jesse Marcum and Mr. J= effrey Burch as part time laborers effective as of July 12, 2004 with the hourly pay o= f $10.79.

= ;

VOTE:<= /p>

(4-0-0) The motion carried.

Mr. Gaydos said he received correspondence from the Merrimack Valley Regional Water District (‘MVRWD’). He said in the past the Selectmen= had discussed allocating $2500 to the MVRWD, but at this time he requested tha= t the Town hold the money to see how the budget was going before releasing (at l= east until the end of July, beginning of August).

Mr. Bergeron had no report.

Mr. Derby had no report.

Mr. Danevich informed that Adelphia Communications was sponsoring a visit by the CSPAN school bus to the Pelham area and invited = the Board to attend. The bus wil= l stop in Londonderry, July 30, 2004 from 10:30am – 1:30pm. He suggested that the invite be forwarded to Mr. Jim Greenwood and his staff. Mr. Danevich said he became aware= that the VFW applied for a waiver of application fees and didn’t believed action had not been taken, because action could not be taken on something = that hadn’t been filed. He = asked that a response be given to the VFW outlining the procedure for waiver requests, specifically those fees are paid up front and only waived when t= he Planning Board takes action. Mr. McDevitt suggested that Planning Director Will D’Andrea contact the = VFW and inform them of the process.

Mr. McDevitt said that CIP met and composed a spread = sheet regarding the capital needs; the meeting was well attended.

REQUEST FOR NON-PUBLIC SESSION

MOTION:

(Derby/Bergeron) Request for a non-public session p= er RSA 91-A:3,II,a (Personnel)

= ;

ROLL CALL:=

Mr. McDevitt-Yes; Mr. Danevich-Yes; Mr. Bergeron-Ye= s; Mr. Derby-Yes

Mr. McDevitt noted that when the Board returned, afte= r the non-public session, the Board would not take any other action publicly, ex= cept to seal the minutes of the non-public session and to adjourn the meeting.<= span style=3D'mso-spacerun:yes'> The Board entered into a non-publ= ic session at approximately 9= :16 pm. Also present was Mr. Gaydos.

The Board returned to public session at approximately= 9:47 pm.

= ;

MOTION:

(Derby/Bergeron) To seal the minutes of the non-pub= lic session indefinitely.

= ;

VOTE:<= /p>

(4-0-0) The motion carried.

ADJOURNME= NT

MOTION:=

(Derby/Bergeron) To adjourn the meeting.

= ;

VOTE:

(4-0-0) The motion carr= ied.

The meeting was adjourned at approximately 9:47 pm.

   &nb= sp;            = ;            &= nbsp;           &nb= sp;            = ;            &= nbsp;           &nb= sp;            Respectfully submitted,

   &nb= sp;            = ;            &= nbsp;           &nb= sp;            = ;            &= nbsp;                 =        Charity A. L. Willis

   &nb= sp;            = ;            &= nbsp;           &nb= sp;            = ;            &= nbsp;           &nb= sp;            Recording Secretary