BOS Minutes 10-12-2004

APPROVED

TOWN OF PELHAM

BOARD OF SE= LECTMEN MEETING

MINUTES

October 12, 2004

APPROVED – October 19, 2004

CALL TO ORDER

PLEDGE OF ALLEGIANCE

PRESENT:

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

Also present:

ABSENT:

Members of the press and general public.

None.

&nbs= p;

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

MINUTES RE= VIEW

October 5, 2004

MOTION:<= o:p>

(Derby/Bergeron) To approve the October 5, 2004 meeting mi= nutes as written. <= /p>

VOTE:

(3-0-1) The motion carri= ed. Mr. Danevich abstained.

OPEN FORUM=

None.

APPOINTMEN= T(S)

Introducti= on of new Police Officer

Police Chief Evan Hagland met with the Selectmen and introduced Ms. Theresa Ferrante, Pelham Police Department’s newest officer. He said Officer Ferr= ante would begin Oct= ober 13, 2004. Ms. Ferrante discussed her background and reasons for choosing Pelham. The Selectmen welcomed Officer Fer= rante.

OTHER BUSI= NESS

Pelham Cente= r – Police Chief Haglund̵= 7;s Letter of 9/28/0= 4

Mr. McDevitt said the Selectmen had briefly reviewed (= at the last meeting) a letter submitted by Police Chief Haglund regarding traffic recommendations for the Town center. Recommendations were: 1) reduce speed limit on Old Bridge Street Nor= th (northbound – Woodbury Avenue to Main Street) from 30mph down to 25mp= h; 2) petition State of New Hampshire to reduce speed limit on State Route 111A (Windham Road – southbound approaching the Nashua Road/Main Street intersection) from 30mph down= to 25mph; 3) request the State to review the placement of intersection and pedestrian related crossing signs on Main Street and Windham Road warning m= otorist of the approaching intersection; 4) review the Town of Pelham’s place= ment of intersection and pedestria= n crossing signs on Nashua Road, Old Bridge Street North and Marsh Road; 5) have the T= own place a directional sign on Marsh Road south of Gibson Drive indicating the direction to Route 38; 6) continue working with Nashua Regional Planning Commission (‘NRPC’) addressing the traffic flow problems relati= ng to the Town Center.

Police Chief Evan Haglund said a traffic analysis was = done using stealth-stat radar at the intersection (Nashua Road/Windham Road) which determined the average speed of vehicles approaching the intersection. He discussed the accidents that had occurred during the last year and was hope= ful that the speed limit reduction would give vehicles the opportunity to stop = quicker.

There was further discussion regarding the Chief’ recommendations. Mr. McDevitt= said there were several proposals dealing with traffic that would be given to NRPC; al= so, Ms. Robin Bousa has offered to do a quick overview (from a traffic engineer= ing viewpoint). There was a sugge= stion for the Town Center to be placed on the State&#= 8217;s 10-year plan (the Town center is on the list, but not scheduled in the plan= ), which the state would be reviewing in two years. Mr. Gaydos asked if the proposal w= as a finalized plan. Mr. McDevitt answered n= o; the proposal was based on observation of what could be done now. Mr. Gaydos understood for a projec= t to be placed on the ten year plan it had to be fully thought out and agreed up= on (not an idea or concept). Mr.= Bergeron said he would work on getting clarification for what is needed regarding a plan. Mr. Derby didn’t = feel another study was necessary because the Town already had a plan (for lights= at both intersections) that NRPC had discussed and recommended. Mr. McDevitt said during a meeting= with DOT Commissioner Carol Murray and Mr. Bergeron, she said the traffic signal= s, as proposed, were not the best solution for Pelham Center.

Mr. Lynde reviewed the Chief’s proposal and said= it appeared there were three specific items that the Selectmen could authorize= : 1) reduce speed limit on Old Bridge Street North (northbound – Woodbury Avenue to Main Street) from 30mph down to 25mph; 2) petition State of New Hampshire to reduce speed limit on State Route 111A (Windham Road – southbound approaching the Nashua Road/Main Street intersection) from 30mph down to 25mph; 3) have = the Town place a directional sign on Marsh Road south of Gibson Drive indicating the direction to Route 38. He= then made a motion reflecting such.

MOTION:=

(Lynde/Bergeron) To authorize: 1) reduction of speed= limit on Old Bridge Street North (northbound – Woodbury Avenue to Main Street) from 30mph down to 25mph; 2) petition State of New Hampshire to reduce speed limit on State Route 111A (Windham Road – southbound approaching the Nashua Road/Main Street intersection) from 30mph down to 25mph; 3) hav= e the Town place a directional sign on Marsh Road south of Gibson Drive indicat= ing the direction to Route 38

VOTE:

(5-0-0) The motion carried.

Mr. McDevitt asked that Mr. Gaydos and Chief Haglund w= ork together to ensure that the items authorized by the Selectmen are implemented.

Zoning Administrator

Planning Director Will D’Andrea and Building Inspector/Code Enforcement Officer Roland Soucy came before the Selectmen seeking clarification as to who is the designated Zoning Administrator. Mr. D’Andrea submitted a let= ter for consideration that outlined reasons why the Planning Director should be= the Zoning Administrator; also as reviewed in Zoning Ordinance RSA 307-79.

Mr. D’Andrea said at the time he was hired, he believed he would also be the person responsible for interpreting the Zoning Ordinance as the Zoning Administrator.&nbs= p; Over the past year there had been a couple of instances where he and= the Code Enforcement Officer didn’t agree, which lead to the procedural question as to who had the final authoritative powers. Mr. D’Andrea wanted clarific= ation so that he could understand what the roles/responsibilities were within his department. He said based upo= n his experience and significant interaction with the public and land-use boards = he believed it made sense that he had the authority to make the decisions. His position was also one responsi= ble for assisting the Planning Board in coming up with and drafting Zoning Ordinances; it would seem awkward to assist in creating/drafting ordinances, but not having the power to interpret what was written. Mr. D’Andrea said this was a matter of procedural clarity.

Mr. Soucy said he didn’t agree, or disagree but = was seeking clarification; he had been appointed the Building Inspector in 1995 when John Tucker was Planning Director and when Mr. Tucker left, he was appointed Zoning Officer. He = said since 1998 he had represented the Town in a handful of court cases (as the Zoning Administrator). He sai= d he had also spoken at Planning Board and Board of Adjustment meetings. He said he was in the office at le= ast once per day. Mr. McDevitt as= ked Mr. Soucy if he recalled the Selectmen, or anyone else, taking a vote to appoint him or anyone else as Zoning Administrator. Mr. Soucy said the Selectmen voted= in 1998 (Mr. Derby making the motion); he was sworn in by Ms. Dottie Marsden.<= /p>

Mr. Lynde discussed his recollection of the position, = and believed at the time Mr. D’Andrea was hired it was the Selectmen̵= 7;s intent for him to be the Zoning Administrator. Mr. Derby said generally appointme= nts were appointed annually in April, which he believed was the case when he ma= de the motion to appoint Mr. Soucy. Mr. Soucy noted that a change had been made approximately three or f= our years ago regarding inspector appointments; they no longer are appointed annually. He also noted that = there had been several Planning Directors since he had been appointed, none of wh= om had disputed the fact that he was the acting Zoning Administrator. He said it was difficult to be fol= lowing up in the field on zoning issues/complaints without being able to make decisions. He questioned how = Mr. D’Andrea would be able to make accurate decisions without being in the field and viewing the situations.

Mr. McDevitt questioned if the Selectmen made Mr. D’Andrea the Zoning Administrator, if Mr. Soucy wouldn’t be abl= e to make certain decisions. Mr. D’Andrea believed most of the code enforcement issues were ‘cle= ar cut’; however there may be some ‘grey’ areas to what would constitute a particular use that would require an interpretation by the Zon= ing Administrator.

Mr. Bergeron discussed his understanding of the positi= ons and in summary felt that the Planning Director should have the authority to oversee all of the inspectors.

Mr. Danevich confirmed that the Planning Director was = the Code Administrator prior to 1998; when Mr. Tucker moved on, Mr. Soucy ‘ste= pped up’ his capacity in part-time and fulfilled the position. Mr. McDevitt asked Mr. Soucy how t= he minutes from 1998 when he was appointed.&n= bsp; Mr. Soucy reviewed the minutes and said the Selectmen’s motion= ; he was appointed as the Zoning Enforcement Officer. He said the position was called a = lot of things, but looked at more as a zoning administrator. He said code enforcement was what = he did under building; everything else is zoning.= Mr. Danevich said the Selectmen were faced with two qualified candid= ates but supported administrative designation at the Planning Director; if it do= es not work out, the Selectmen can review again.

There was further discussion regarding the position. Mr. McDevitt said this wasn’= t a matter of how the job was being done, but rather how the department should = be organized.

MOTION:=

(Lynde/Bergeron) To designate the Planning Director = as the Town’s Zoning Administrator.

VOTE:

(5-0-0) The motion carried.

It was noted that the Selectmen were not changing the = role, or stipend of the Code Enforcement Officer Mr. Roland Soucy. Mr. McDevitt suggested that Mr. D’Andrea come back to the Selectmen in six months to revisit the issue.

Planning Department Organization

Postponed.

Regional Transportation Funding Request

Mr. McDevitt said the Selectmen received a Regional Tr= ansportation funding request for $2700 (initial payment) by the Greater Derry Salem Regi= onal Transit Initiative. He said t= hat Senior Center Director Sue Hovling supported the proposal. He suggested that the money be req= uested through a warrant article. Mr. Bergeron asked that the Selectmen postpone a decision. He would like the opportunity to h= ear again from Ms. Hovling and find out if there are other ways to spend the mo= ney to provide more service. He a= lso noted that he had heard from a few seniors who had reservations about the proposal.

Mr. Lynde suggested if the funds were to be requested through a warrant article that a line item be determined for such.

Mr. Bergeron requested that the Board wait to vote unt= il the next week. Mr. McDevitt said = the Selectmen could wait until next week for a decision.

Raymond Pa= rk Responsibility

Mr. McDevitt said there were a number of projects occu= rring, some of which had been addressed directly, and however there are some longer term issues to discuss. Mr. Danevich believed a project manager should be appointed designated as proje= ct lead. He said the Park & Recreation Director Darren McCarthy has been involved in the process and all the related meetings; he asked the Selectmen to consider formalizing the appointment of Mr. McCarthy as the lead/contact person with respect to Raym= ond Park.

There was agreement to appoint Mr. McCarthy; Mr. Danev= ich made a motion to appoint Park & Recreation Director Darren McCarthy as = the lead Project Manager for Raymond Park activities. Mr. Derby seconded the motion. Mr. Lynde questioned if he was als= o the person for Muldoon and PVMP. The Sel= ectmen discussed whether the motion should include the other parks as well. Mr. Gaydos said essentially he had already been delegating to Mr. McCarthy.&n= bsp; He discussed some of the items Mr. McCarthy was working on, which included a 7-year Park & Recreation plan. Mr. Danevich amended his motion to include that Mr. McCarthy would continue to report to the Selectmen (or thr= ough Mr. Gaydos as the agent) for Raymond Park.= Mr. Derby amended his second and suggested that Newcomb Field be added. Mr. McDevitt believed = the intent was to formalize the responsibility because Raymond Park is the cent= er (or will be) of so much activity. Mr. Lynde questioned if this issue required a formal

MOTION:=

(Derby/Lynde) To appoint Park & Recreation Direc= tor Darren McCarthy as the lead Project Manager for Raymond Park activities; = with the understanding that he would continue to report to the Selectmen (or through Mr. Gaydos as the agent).

VOTE:

(4-0-1) The motion carried. Mr. Lynde abstained.

Technology= Plan

Mr. Danevich provided the Selectmen with an update of = the Technology Plan. He said work= ing with the Budget Committee (last year) the plan had been split up into three parts. He reviewed what had b= een done and what was scheduled to be done in 2005.

The Selectmen and Mr. Gaydos thanked Mr. Danevich for = his hard work putting the plan into motion.

Plowing Pr= ivate Roads

Mr. Gaydos said that letters had been mailed; the vari= ous individuals/groups will respond. If the response is a check and completion of work required by the Highway Department, the Town will plow the road.&n= bsp;

Coombs Jun= kyard – Scheduling Hearing for Revocation

Mr. Bergeron stepped down.

Mr. McDevitt requested a non-public session as follows= :

REQUEST FOR NON-PUBLIC SESSION

MOTION:=

(Derby/Danevich) Request for a non-public session pe= r RSA 91-A:3,II, c & e (Matters which if discussed publicly, would affect adversely the reputation of any person;&= nbsp; Consideration or negotiation of pending claims or litigation)

ROLL CALL:<= /b>

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

Mr. McDevitt noted that when the Board returned, after= the non-public session, the Board may decide to take action. Also present was Mr. Gaydos.

The Board entered into non-public session at 7:41pm.

The Board returned from non-public session at 7:54pm.

MOTION:=

(Danevich/Lynde) To schedule a public hearing, Octob= er 26, 2004, in accordance with RSA 236:121 with respect to the Coombs Junkyard = – possible vote of revocation of their license.

VOTE:

(4-0-0) The motion carried.

Mr. Bergeron rejoined the Board.

Review of Selectmen’s Priorities List

The Selectmen began review of the priorities list and = began to determine which items had been addressed. It was suggested to split the list= of items and review in groups.

TOWN ADMINISTRATOR’S REPORT / SELECTMEN’S REPORTS=

Mr. Gaydos said notification regarding the 2005 Highway Block Grant had been received and indicated that the Town would receive $25= 5,820. He then suggested that the Selectm= en consider placing the Revaluation cost of $560,000 in the Operating Budget, = and a warrant article that asks to bond over five years; this would be with the understanding that if the bond passed the money from the Operating Budget w= ould be returned to the taxpayers. He said the Selectmen had voted on two warrant articles, which would give the opportunity for both to be voted down.&nbs= p; He noted since this was a state mandate, if the Town didn’t ra= ise the money the state would have the job done and send a bill to the Town (not taking costs into consideration). Mr. Derby said the Budget Committee’s opinion was to raise the money in one year. The Select= men will discuss at their next meeting.

Mr. Bergeron announced the Pelham Senior Center would hold t= heir annual Harvest Fair on October 23, 2004.

Mr. Derby had no report.

Mr. Danevich had no report.

Mr. Lynde informed that the Fire Station needs committ= ee had met and presented drawings of proposed a substation. He said there was discussion about= a central fire station and determined that a new station was required because= the current facility had many problems. The committee also discussed locating the new facility on the Mills property with egress directly from Marsh Road. <= /span>Architect candidates will be narrowed to three and interviewed. The next meeting will be October 20, 2004.

Mr. McDevitt said a number of people went to Concord to meet w= ith DRA for purposes of setting the tax rate; the Selectmen will discuss at the next meeting once official notification is received.

REQUEST FOR NON-PUBLIC SESSION

MOTION:=

(Danevich/Lynde) Request for a non-public session pe= r RSA 91-A:3,II, c (Matters, which, if discussed publicly, would affect adverse= ly the reputation of any person)

ROLL CALL:<= /b>

Mr. McDevitt-Yes; Mr. Danevich-Yes; Mr. Bergeron-Yes= ; Mr. Derby-Yes; Mr. Lynde-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 8:= 17 pm. Also present was Mr. Gaydos.

The Board returned to public session at approximately = 9:03 pm.

MOTION:=

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

VOTE:

(5-0-0) The motion carried.

ADJOURNMEN= T

MOTION:<= o:p>

(Danevich/Lynde) To adjourn the meeting.

VOTE:

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

The meeting was adjourned at approximately 9:03 pm.

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

&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &= nbsp; Charity A. L. Willis

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