BOS Minutes 08-08-2006

APPROVED

TOWN OF PELHAM<= /st1:place>

BOARD OF S= ELECTMEN MEETING

MINUTES

August 8, 2006

APPROVED – August 15, 2006

CALL TO ORDER

PLEDGE OF ALLEGIANCE

PRESENT:

Mr. Victor Danevich, Mr. Edmund Gleason, Mr. Harold= Lynde (arrived after the meeting commenced), Mr. Jean-Guy Bergeron, Mr. Tom Domenico, Mr. Tom Gaydos &= #8211; Town Administrator

Also present:

ABSENT:

Members of the press and general public.

None.

M= INUTES REVIEW

July 25, 2006

MOTION:

(Bergeron/Gleason) To approve the July 25, 2006 meeting mi= nutes as amended.

= ;

VOTE:<= /p>

(3-0-1) The motion carried. Mr. Domenico abstained.

<= /o:p>

The amendments to the minutes were as follows= : page 1John Upham/National Grid – the sentence reading ‘The plan was= to add a sub-station in Salem and feed into Pelham to serve the increased cap= acity in Town.’ was amended to read ‘The plan was to terminate the f= eeder tied into Salem and use as a back up sub-station dedicated to Pelham to se= rve the increased capacity in Town.’; the words ‘pole-top’ w= ere added to ‘pole-top re-closure’; the words ‘with power lines’ was added to ‘…was tree contact with power lines = and noted…’; 2^nd paragraph – the sentence reading ‘Mr. Gleason said at a meeting (last year)…’ was amended= to read ‘Mr. Gleason said at the previous meeting…’; the wo= rd ‘units’ was added to ‘…the re-closure units on the poles…’; page 2 paragraph 2 – the sentence reading ‘…noted that a re-closure would…’ was amended to r= ead ‘…noted that a tripping of a re-closure unit would…̵= 7;; the sentence reading ‘It was noted that if any resident received a b= usy signal when calling National Grid should notify the Town.’ was amended to read ‘It was= noted that if any resident received a busy signal when calling National Grid, National Grid should be notified.’; page 5, 7^th paragraph – the words ‘as well as the lease buy’ were added to ‘..an engine on a ‘buy’ basis, as well as the lease buy,= so when…’; page 6 under Tallant Bridge – the following sentence was added ‘Mr. Gleason asked that the Town Administrator contact Con-Tech, the company that did the inaccurate readin= g to see if there was any recourse, or at least, make them aware of their error.’; page 7, 1^st paragraph – the sentence readi= ng ‘He reported that the Girls and Boys Club….’ was amended= to read ‘He also reported that he had met with the Sherburne Hall Commi= ttee and been informed the Girls and Boys Club…’; the words ‘= the Sherburne Hall Committee’ replaced the word ‘they’ in the following ‘…yield of $36,000-$40,000 that the Sherburne Hall Committee would…’;

August 1, 2006

MOTION:

(Gleason/Bergeron) To approve the August 1, 2006 meeting mi= nutes as amended.

= ;

VOTE:<= /p>

(3-0-1) The motion carried. Mr. Danevich abstained.

The amendment to the minutes was as follows:<= span style=3D'mso-spacerun:yes'> page 1 – the motion appoint= ing Mr. Bergeron and Mr. Lynde to the Town Center Traffic Stakeholders Committee w= as made by Gleason/Domenico; page 1, last paragraph – the word ‘eight’ was replaced by the word ‘eighty’ in the following ‘…recommends approximately eighty people…̵= 7;.

OPEN FORUM

None.

LETTER OF ACCOLADE=

Mr. Danevich read aloud a letter received fro= m Mr. Michael J. Rico 62 Hinds Lane. Mr. Rico explained that he had a camper stolen from his property for which he filled out the necessary paper work and resigned himself to not seeing it again. He was later notified= by Captain Joseph Roark who believed he found the camper. Officer Tim Vincent was assigned = to bringing the resident to the camper. = Mr. Rico felt Captain Roark and Officer Vincent went above and beyond their du= ty to help him recover his camper.

APPOINTMENTS

Karen Mackay: Interview for Conservation Commission Alternate=

Ms.= Karen Mackay met with the Selectmen to discuss her qualifications for appointmen= t to the Conservation Commission. She is currently going to school and will graduate in December with a degree in Wildlife Management from the University of New Hampshire.<= span style=3D'mso-spacerun:yes'>

Mr. Gleason asked what direction Ms. Mackay would like to see the Conservation Commission go in the next five years.&nbs= p; Ms. Mackay felt maybe the Town should be careful about how much bui= lding was being done. She discusse= d the fact that the Town could go to the state for help or contact landowners to request easements for open space. <= /span>

Mr. Bergeron asked if Ms. Mackay knew any of the members on the committee. Ms. Mackay had met a couple membe= rs. She felt her experience may help = the commission. She also wanted = the experience she could gain from the commission.

The Selectmen were unsure how many full-time positions were available. They appointed Ms. Mackay to a fu= ll-time position with the understanding, if the Town had enough full members, she = would be put in an alternate position.

MOTION:=

(Gleason/Bergeron) To appoint Ms. Karen Mackay as a full-time member of the Conservation Commission with a term expiring March 31, 2009.

= ;

VOTE:

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

PUBLIC HEARING – Acceptance of Anonymous Gifts Estimated at $3500

Mr. Danevich said in accordance with Town policy if donations exceed $500 a pu= blic hearing is conducted. He sai= d an anonymous donation of various items had been made which total approximately $3500; the items were directed to the Senior Center. Mr. Gaydos said any items the Senior Center didn’t use would probably be redeployed.

The= re was no public input.

MOTION:=

(Gleason/Bergeron) To accept the anonymous of an es= timated value of $3500.

= ;

VOTE:

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

Mr.= Lynde arrived.

OTHER BUSINESS

Waiver of Timber Tax on Muldoon= Park Cut

Mr.= Gaydos said a Notice of Intent to Cut had been received from the logger in connec= tion with the small cut to clear the area for the ball fields. The area was estimated by the log= ger to have 25,000 board feet of white pine and 150 tons of whole tree chips. Mr. Gaydos said the request was t= o waive the Timber Tax because the amount would be off what was contracted. The waiver amount won’t be = known until the trees are cut.

MOTION:=

(Gleason/Lynde) To waive the Timber Tax associated = with tree cutting at Muldoon Field.

= ;

VOTE:

(5-0-0) The motion carr= ied.

Election to Participate in NH Retiremen= t

Mr.= Gaydos noted at the last Town Meeting voters voted in favor to allow Group 1 empl= oyees to join New Hampshire Retirement System; this would also allow them to participate in Social Security and Medicare if they so wished.

MOTION:=

(Gleason/Domenico) To approve and sign the form per= Town Vote (allowing Group 1 employees to join the New Hampshire Retirement System).

= ;

VOTE:

(5-0-0) The motion carr= ied.

Mr.= Gaydos will sign on behalf of the Selectmen and include an executed form in their folder.
APPOINTMENTS CON’T…

Jeff Gowan, Planning Director: Manny So= usa, Sousa Realty re: Lawrence Corner Estates and improvements to the Town property

Pla= nning Director Jeff Gowan, Mr. Manny Sousa and Mr. Tony Basso of Keach, Nordstro= m met with the Selectmen to discuss Lawrence Corner Estates and the proposed imp= rovements to the Town property. Mr. Go= wan said the Lawrence Corner = Road project was approved in 2004 and after legal entanglements the Planning Board’s decision was upheld. He said part of the approval were some improvements to Lawrence Corner Road. Mr. Basso said they designed a pa= vement width of 20-feet (with a 2-foot shoulder) for the entire length of Lawrence Corner Road; currently the pavement varied from 15-feet – 20-feet. He said the reason they were befo= re the Selectmen was because the section they would be working in is a public right-of-way (the Town’s domain).&n= bsp; Mr. Gowan said a pre-construction meeting had been held and Mr. Sou= sa and Stantec (Town’s Engineer) were ‘on board’ with the widening. They agreed that t= he Department of Transportation (‘DOT’) need not be consulted bec= ause the work was being done entirely on Town’s roads, outside of the state’s purview. Mr. B= asso said all the bonds had been posted in accordance with the Town’s requirements.

Mr.= Basso said no stone walls would be impacted up to the point where they intersect= with the proposed project. <= /o:p>

Mr. Domenico questioned how wide the right-of-way was. Mr. Basso said it varied between = the stone walls anywhere between 33ft-50ft; the work would be done totally wit= hin the right-of-way. Mr. Domeni= co asked if there would be any berms. Mr. Basso said in places there would be a Ca= pe Cod berm strictly to control run off. The shoulders will be gravel. Mr. Domenico confirmed that Stantec (Town’s Engineer) would monitor the work. Mr. Gowan answered yes.

Mr. Gleason asked if the road was Class VI.&n= bsp; Mr. Basso said the current road is Class V. Mr. Gleason asked if the Highway = Safety Committee had reviewed. Mr. = Basso said he had been with the project since the beginning (in the year 2000) a= nd the traffic impact at Mam= moth Road was one of the points of contention. He said it had been dealt with through a donation. Mr. Gowan said this project was o= n the agenda for the next Highway Safety Committee meeting (August 14, 2006). Mr. Gleason confirmed that DOT wasn’t involved. Mr. G= owan said the work was completely out of their jurisdiction.

Mr.= Lynde asked why the paved area was limited to 20feet. Mr. Basso said they would limit t= he pavement to maintain the character of the road. Mr. Lynde asked if the money set = aside was the Town’s or the state’s since the Town had no jurisdicti= on regarding Mammoth Road. Mr. Basso said the review consult= ants (CLD – Tom Sommers) recommended, at some point in the future, a proj= ect be done (at an 80%/20% split); therefore they gave the Town the Town’= ;s portion of the split (per the value Mr. Sommers placed on the project). Mr. Gowan said in lieu of open sp= ace the applicant gave the Town $400 per lot (a total of $8000). He said there was a $20,000 contr= ibution for the Town’s match to improve sight distance on Mammoth Road as it approaches Castle Hill Road. Mr. Lynde recalled that the Plann= ing Board was concerned in the intersection and was the basis for the initial denial. Mr. Basso discussed = the differences intersections were designed; such as intersection stopping dis= tance and sight stopping distance.

Mr. Bergeron asked if the road was currently striped and if it would be. Mr. Basso said it wasn’t cu= rrently striped and they didn’t have plans to; the road ends at Mr. Sousa= 217;s subdivision. He said they pr= ovided access easement, but there wasn’t a physical way to bring a road through. Mr. Bergeron asked = if traffic speed would increase once the road was paved. Mr. Basso said it would still be = a rural road with curves and humps; they weren’t changing the vertical alignment.

Mr. Gleason asked for clarification regarding the $20,000 contributed. Mr. Gowan said the Town was holdi= ng the money. Mr. Gleason asked if = it was contingent on taking the hump out of the state road (Mammoth Road). Mr. Gowan answered yes; it was si= milar to impact fees and would need to be used within six years, if not, it woul= d be returned to Mr. Sousa. Mr. G= leason asked if a project was in the state’s 10-year plan. Mr. Gowan didn’t believe it= was, but being a member of CTAP he would try and get some of the Town’s p= rojects on the state’s list. M= r. Gleason questioned why the money was put in a fund contingent on a state activity, versus placing it in a Town fund. Mr. Gowan said he wasn’t a = member of the board at the time. Mr. Danevich said it followed state law and where money had to be held.

Mr.= Gowan said he would be comfortable if the Board took a vote to allow the work to= take place; it was a process he wanted to follow in the future for off-site imp= rovements to Town roads.

Mr.= Domenico asked if a provision should be included to indicate that Stantec (TownR= 17;s Engineer) and the Town’s Highway Road Agent Don Foss will oversee the work. Mr. Lynde expected the Planning Board would ensure that the improvements were done in accordance = to the plans presented. Mr. Gow= an noted that the Highway Safety Committee would be meeting August 14, 2006 and would = discuss the improvements. Mr. Basso said= he would engage Mr. Foss in a conversation to make sure he was okay with the issues.

MOTION:=

(Lynde/Bergeron) To approve the implementation of t= he proposed road improvements on Lawrence Corner Road as presented by Sousa Realty and Development Corp.

= ;

VOTE:

(5-0-0) The motion carr= ied.

Charlie Mooskian: VFW Presentation of Citizen of the Year Award and Police Officer of the Year Award<= /u>

Cha= rlie Mooskian who is the New Hampshire Veterans of Foreign War District 6 Comma= nder and Post Commander for the John H. Hargreaves Post in Pelham read aloud a summary of the awards to be given. Police Chief Evan Haglund assisted Commander Mooskian in presenting= the 2005/2006 John H. Hargreaves Distinguished Service Awards. Four Officers were honored: Master Patrolman Glen Chase, Officer Matthew Keenliside, Animal Control Officer E= ugene Stahl III, and Master Patrolman Dennis Mannion. Commander Mooskian then presented= Chief Haglund with a Distinguished Service Award. Ms. Deb Boucher received the Comm= unity Service Award. Commander Moo= skian informed that he and the John H. Hargreaves Memorial Post would be the recipients of the state and national community post award.

Paul Zarnowski: Article K Waiver Application for Debra Legatos by Bernard Lynch=

The Selectmen convened as the Board of Health; Paul Zarnowski was Chairman.

Mr. Zarnowski reviewed the Article K application for Map 15, Lot 9-44; Debra Legatos of 50 Hobbs Road.&nbs= p; He said the applicant was seeking a waiver to Section 295-16 which requires a leach field be placed 125feet from a stream (Golden Brook); the proposal was to place the leach system 85feet from the brook. Currently, the applicant has a fa= iled septic system in the flood plain. The state requires 75feet; they will try to put the system 85feet f= rom the brook. Mr. Zarnowski gav= e a brief explanation regarding where the system would be located and what typ= e of system would be used. The Bo= ard discussed the application.

MOTION:=

(Lynde/Danevich) To approve the waiver request to S= ection 295-16 to locate a leach field less than 125feet from a stream and allow it to b= e located within 85feet from the stream.

= ;

VOTE:

(6-0-0) The motion carr= ied.

MOTION:=

(Lynde/Danevich) To adjourn the Board of Health.

= ;

VOTE:

(6-0-0) The motion carr= ied.

The Selectmen reconvened. <= /o:p>

Budget Reviews:

Conservation, Planning Board, Planning Department and Board of Adjustment

Pla= nning Director Jeff Gowan reviewed the Planning Board, Planning Department and B= oard of Adjustment budgets with the Selectmen.= He combined the budgets into one budget with separate line items.

Con= servation Commission Chairman Paul Gagnon presented the Conservation budget to the Selectmen.

The Selectmen conducted an initial review of the above noted budgets.

TOWN ADMINISTRATOR / SELECTMEN RE= PORTS

Mr. Gaydos said the Conservation Commission purchased= the Frederic Cutter Merriam property for which a sign was required under the t= erms of the sale. He said rather = than having a carved wooden sign, he looked at a new product that didn’t = rot and weathered better than wood. The seller will be able to review what was being proposed. If acceptable, a sign would be made.

Mr. Domenico said the Planning Board discussed a conceptual plan off Ledge Road= and the general direction given to the developer (by the Planning Board) was to pr= opose the subdivision with connectivity to and from both Stonepost Road and Harley Road. He said it would probably come ba= ck to the Selectmen.

Mr. Bergeron said he would be attending a Context Sen= sitive Solution meeting on Wednesday. He dis= cussed the fact that the Town would have to request to be added to the state̵= 7;s 10-year plan relative to the Lawrence Corner Estates/Mammoth Road issue. He said it would be at the end of= 2007 to attend a meeting to recommend getting on the 10-year plan. He suggested possibly approaching= the state without being in the 10-year plan.&= nbsp; He ended by informing that the CIP met, the plan was updated. He said he would have some questi= ons for the Selectmen and would provide an update next week.

Mr. Gleason said he visited the Skate Park and reported that the kids were enjoying it. There were only two kids not wear= ing helmets, but put them on when asked to do so. He reported that he would meet wi= th two members of the Sherburne Hall Committee to strategize where they would ‘go from here’. =

Mr. Lynde said the Forestry Committee met with the To= wn Forester who was putting together the bid packages for the three parcels w= hich should be back in approximately a month.&= nbsp; There is a question about one of the property lines at Muldoon Park that needs to be resolved. H= e ended by informing an Irish Band would be performing on the Village Green on Sun= day from 5pm-8pm.

Mr. Danevich had no rep= ort.

REQUEST FOR NON-PUBLIC = SESSION

MOTION:

(Gleason/Bergeron) Request for a non-public session= per RSA 91-A:3,II, a &d (Personnel; Consideration of acquisition, sale or le= ase of property).

= ;

ROLL CALL:=

Mr. Danevich-Yes; Mr. Gleason-Yes; Mr. Lynde-Yes; M= r. Bergeron-Yes;

Mr. Domenico - Yes

Mr. Danevich noted that when the Board returned, afte= r the non-public session, the Board would not take any other action publicly, ex= cept to possibly seal the minutes of the non-public session and to adjourn the meeting. The Board entered i= nto a non-public session at approximately 9:05 pm.

The Board returned to p= ublic session at approximately 9= :40 pm.

= ;

MOTION:

(Gleason/Bergeron) To seal the minutes of the non-p= ublic session indefinitely.

= ;

VOTE:<= /p>

(5-0-0) The motion carried.

ADJOURNMENT

MOTION:=

(Gleason/Bergeron) To adjourn the meeting.

= ;

VOTE:

(5-0-0) The motion carr= ied.

The meeting was adjourned at approximately 9:40 pm.

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

           = ;            &= nbsp;           &nb= sp;            = ;            &= nbsp;           &nb= sp;            = ;           Chari= ty A. L. Willis

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