SEL20070501

APPROVED

TOWN OF PELHAM

BOARD OF SE= LECTMEN MEETING

MINUTES

May 1, 2007

APPROVED – May 15, 2007

CALL = TO ORDER

PLEDG= E OF ALLEGIANCE

PRESENT:

Mr. Edmund Gleason, Mr.= Victor Danevich, Mr. Harold Lynde, Mr. Robert Haverty, Town Administrator Tom Ga= ydos

Also present:

ABSENT:

Members of the press and general public.

Mr. Thomas Domenico

Judge Michael Jones to preside over swearing-in of new Police Chief, Joseph A. Roark

There was a welcome recep= tion for the new Police Chief, Joseph A. Roark, after which Chief Roark was sworn in= by Judge Michael Jones. The Sele= ctmen, Police Department, Fire Department, residents and family members offered congratulations to Chief Roark and his family.

Announcements: VFW and its Ladies Auxiliary “J. Edgar Hoov= er Gold Medal Law Enforcement Officers of the Year” – Police Officer Gl= en Chase and Police Officer Matthew Keenliside /= VFW “EMT of the Year” – Lieutenant Robert Chatel

Charlie Mooskian of VFW P= ost 10722 said two of Pelham’s Police Officers won the District 6 award a= nd received the State of New Ham= pshire plaque in Concord<= /st1:City>. He said the Post had four state wi= nners this year.

Master Patrolman Glen Cha= se and Patrolman Matthew Keenliside were awarded their certificates for Law Enforcement Officers of the Year. Lieutenant Robert Chatel was awarded his certificate for EMT of the Year.

New Employee Introduction: Police Officer – David DeRoche

Sergeant Brian McCarthy introduced new Police Officer David DeRoche to the Town Police Department.<= span style=3D'mso-spacerun:yes'> The Selectmen welcomed Officer DeR= oche.

MINUTES REVIEW<= /p>

April 10, 2007=

MOTION:<= o:p>

(Lynde/Haverty) To approve the April 10, 2007 meeting minu= tes as written.

VOTE:

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

April 1= 7, 2007

MOTION:<= o:p>

(Danevich/Lynde) To approve the April 10, 2007 meeting minu= tes as amended. <= /p>

VOTE:

(4-0-0) The motion carri= ed.

The following amendments = were made to the minutes: page 1 – the heading for Minutes Review was adde= d; under Open Forum, 2^nd paragraph – the words ‘the Selectmen and the public’ were added to ‘…Fire Chief info= rm the Selectmen and the public of the proposed plan..’; page 4, under Medical Reserve, 2^nd paragraph – the word ‘confirmed’ was replaced with ‘asked’ in the follow= ing – ‘Mr. Gleason asked that the Chief would…’; page 5= , under Operating /Revenue report – the words ‘and including the P &= ; R 80 account’ were added; there were also minor grammatical changes mad= e.

OPEN FORUM

None.=

APPOINTMENTS

NRPC Commissioner Appointment: Ed Gleason

Mr. Gleason said former S= electmen Jean-Guy Bergeron had resigned as the Commissioner. He said when doing committee appointments, he appointed himself as the Commissioner, and asked the Selec= tmen to formalize the appointment. There was no objection by the Selectmen. <= /span>

MOTION:<= o:p>

(Danevich/Haverty) To accept the appointment of Sele= ctman Ed Gleason as the NRPC Commissioner through March 31, 2008.

VOTE:

(4-0-0) The motion carri= ed.

Zoning Board of Adjustment Appoint= ments:

Each = of the applicants was thanked for coming forward to volunteer.

Ken Dunne – Mr. Dunne discussed his qualifications and no= ted that he was currently the School Moderator and had been a member of the Planning Board in the past. M= r. Lynde asked Mr. Dunne if he had any dealings with the Board of Adjustment.<= span style=3D'mso-spacerun:yes'> Mr. Dunne said he was familiar wit= h some of the board’s members. Mr. Lynde wanted to know if he had any business dealings with the board. Mr. Dunne answered no. Mr. Lynde saw on Mr. Dunne’s application that he wanted the Town to be successful in avoiding lawsuits a= nd questioned how that would be done. Mr. Dunne felt it was incumbent upon the board to do their due dilig= ence to the letter of the law. Mr.= Lynde wanted to know if Mr. Dunne would make sure that the decision were based up= on the laws of the Town and the state with sufficient justifications for the decisions.

Mr. Danevich referenced R= SA 673:7 regarding people holding positions on two land use boards. Planning Director Jeff Gowan (who = was present in the public) informed that Peter McNamara was elected to the Plan= ning Board and was currently Chairman. He said Mr. McNamara was also a member of the Board of Adjustment. He noted that Mr. Dunne was not cu= rrently a Planning Board member so there would only be one person who was a member = on both boards.

Mr. Gleason asked how Mr.= Dunne perceived the role of the Board of Adjustment. Mr. Dunne discussed his understand= ing of the differences between the Planning Board and the Board of Adjustment.

Bill Kearney – Mr. Kearney briefed the Selectmen regardin= g his employment and where he had resided prior to moving to Pelham five years ago.

Mr. Danevich asked Mr. Ke= arney how he became interested in applying to the board. Mr. Kearney said he had always volunteered in communities he resided in.&= nbsp; He said he came to a recent meeting to hear about an issue in the neighborhood and became interested in the board’s proceedings. He said he was familiar with varia= nces and such through his line of work. <= /span>

Mr. Lynde asked Mr. Kearn= ey if he had any business dealing with the board since he had been in Town. Mr. Kearney answered no. Mr. Lynde asked if Mr. Kearney wou= ld be mindful regarding the laws and make sure there was sufficient rationale for decisions. Mr. Kearney answer= ed yes. He said that he had revi= ewed the board’s requirements to better understand the board’s responsibilities.

Mr. Gleason asked if Mr. = Kearney would participate in courses offered to the Planning Department. Mr. Kearney answered yes, he would= make himself available for them.

Lance Ouellette – Mr. Ouellette discussed his qualificati= ons and current employment. He no= ted he had resided in Town for approximately eighteen years.

Mr. Lynde asked Mr. Ouell= ette if he had business dealings with the board.&n= bsp; Mr. Ouellette answered no. Mr. Lynde asked if he would uphold the laws.&n= bsp; Mr. Ouellette answered yes. <= /span>Mr. Lynde reviewed the application and asked if he meant something specific whe= n he wrote that he would like to have some old laws revised. Mr. Ouellette said that was an ove= rall statement based on the Town’s growth and development, he had nothing specific in mind.

Mr. Danevich asked how Mr. Ouellette became interested in the board.&= nbsp; Mr. Ouellette said because of where he resided and his involvement in the homeowner’s association there were a lot of questions regarding wetlands etc. he began asking= a lot of questions.

The Selectmen discussed w= hat the terms would be for the applicants. There were currently no alternates on the board; Mr. Haverty recently vacated one of the alternate positions.&nb= sp; Mr. Gowan noted one of the full-time members would be moving from To= wn and vacating their position. = Mr. Gaydos reviewed the RSA’s regarding alternate appointments. Mr. Gaydos found in the RSA’= s that alternate members should be appointed for three-year terms.

MOTION:<= o:p>

(Danevich/Lynde) To appoint Mr. Ken Dunne, Mr. Bill Kearney and Mr. Lance Ouellette as alternate members of the Zoning Board = of Adjustment, effective May 1, 2007 through March 31, 2010.

VOTE:

(4-0-0) The motion carri= ed.

Peter Zohdi of Edward N. Herbert Associates, Inc. re: Spaulding Hill Road Improvement at = Sky View Estates Map 32 Lots 1-146, 148 & 149

Mr. Peter Zohdi of Edward= N. Herbert Associates, Inc. provided the Selectmen with an updated copy of the plan for improvements to be made to Spaulding Hill Road.&nb= sp; He explained that he was currently doing a subdivision off Spaulding Hill Road and Marie Avenue. He showed the Selectmen which road= s were existing and which were proposed. He said they had met with the Highway Safety Committee because the parcel had a right-of-way from Marie Av= enue and it was their opinion/recommendation not to use the right-of-way and ins= tead make a connection from Spa= ulding Hill Road.&nb= sp; He said over the past twenty years when subdivisions came forward th= ey upgraded portions of Spaulding Hill= Road which began at Sherburne R= oad and was now up to Marie Av= enue and Slavin Drive. Mr. Zohdi discussed the problems w= ith the current section of road. = He continued to discuss the work that would be done, which would cover approximately 750ft. and include drainage (catch basin and cross culvert th= at would connect to an existing drainage way on Spaulding Hill Road). He said there would be no addition= al drainage from pre- to post-development.&nb= sp; He said his client would pay for all the improvements. Mr. Zohdi said in speaking to the = Town Highway Road Agent, Don Foss, he wanted the road to be 20-feet travel way w= ith 2ft. paved Cape Cod curb and shoulders as specified. He said both Mr. Foss and Planning Director Jeff Gowan showed interest in improvements on Marie Avenue. He said there was a foundation dra= in (at the second house on Marie = Avenue) that was damaging Marie Av= enue. He said he agreed to control the drainage from the foundation drain and bring it to the existing catch basin. The first 90-feet of pavement on Marie Avenue would be pulverized and they would re-do it.

Mr. Danevich said he had = no objections and was thankful for the backup data provided. He wanted to make sure that the ro= ad width was deferred to the Planning Department for compliance. There was a brief discussion regar= ding the road width and the recommendation for 20ft. Mr. Danevich said he wouldn’t recommend anything less than 20-ft.

Mr. Lynde wanted to know = if the request was to intersect S= paulding Hill Road with the new road. Mr. Gowan answered no and explaine= d that the request was to make improvements to existing Town roads that had been a= pproved by the voters. Mr. Lynde aske= d why the ‘stub’ from Marie Avenue wasn’t being used. Mr. Gowan said the Highway Safety Committee had done and in-depth review and made the recommendation to keep = it as a right-of-way and have the northern most loop connect to the Greenmeadow project (to the east) maintaining connectivity. He said that Mr. Zohdi and his tea= m had proven that the connection would be tricky but could work. Mr. Lynde asked if the ‘stub’ on Mari= e Avenue currently existed as a paved way. Mr. Zohdi said it existed and was currently wooded. Mr. Lynde asked if the safety and = sight distance concerns would be addressed by the Planning Board. Mr. Gowan said they would be addre= ssed and it was an area that they were collectively concerned with. He said the Selectmen were being a= sked to review the improvements to the existing section and changes to the Town roads.

Mr. Gleason asked if the = abutters had been notified of the potential change and if the Town had received any input. Mr. Gowan said the abu= tters to the project had been notified. The abutters to the section of Marie Avenue would have to be notified; Mr. Gowan sa= id they were already aware of the project because they were abutters to it. He said there was one abutter (1-1= 50-3) that had a tree within the Town’s right-of-way that would need proper notification because it had to be removed.= Mr. Gleason asked if there were residents on that portion of the road that had existing houses. Mr.= Gowan answered yes. Mr. Gleason ask= ed if the residents would have problems with the widening of the road. Mr. Zohdi said in the first 650ft.= of the proposed improvements there were four driveways, all of which were part= of the subdivision. Mr. Gleason = asked if they would have an objection to the road being widened. Mr. Zohdi said he didn’t thi= nk they would have a problem because they were part of the subdivision. He said there was only one lot tha= t was not part of the subdivision. = Mr. Gleason asked if the people were favorable to the proposed change. Mr. Zohdi answered yes. Mr. Gleason said he was sure the p= roposal would introduce additional traffic on Sherburne Road. Mr. Gowan said it would have and impact on traffic; the Planning Boa= rd had talked about such and Mr. Zohdi and his client were aware that the properties would have exactions per property to contribute to the Mammoth Road and Sherburne Road intersection. Mr. Gleason ask= ed if there was any obligation to get the state’s concurrence because traff= ic was being introduced to Sh= erburne Road. <= /span>Mr. Gowan said the Department of Transportation was very aware of the Town̵= 7;s desire to see improvements and the approach the Planning Board was beginning to take.

Mr. Gleason asked why the cul-de-sac wasn’t being connected.&n= bsp; Mr. Gowan said it was very steep.&n= bsp; He discussed the area and the reason for connecting in the proposed area.

Mr. Gleason said the requ= est was to approve a modification to an existing Town road and questioned if the Selec= tmen had to have a hearing. Mr. Ga= ydos said the Selectmen didn’t need a hearing.= There was a brief discussion regarding what action the Selectmen nee= ded to take.

Mr. Danevich made a motio= n to allow the project to continue through the Planning Board cycle. Mr. Lynde seconded the motion. He wanted to make sure that the wo= rk was done to the Road Agent’s (Don Foss) satisfaction. Mr. Gowan said when work was propo= sed for a Town road, Mr. Foss was always consulted. He agreed that Mr. Foss should be satisfied with the work and would have multiple opportunities to provide feedback.

Mr. Gleason questioned if= the motion should include the preference for a 20ft. minimum pavement. Mr. Danevich said he would like to= let Mr. Gowan and Mr. Gaydos represent the Selectmen’s concerns. Mr. Gowan said if the Planning Boa= rd were to approve a road with less than 20ft. in width it would be with his strong objection.

MOTION:=

(Danevich/Lynde) To allow the project to continue th= rough the Planning Board cycle. <= /p>

VOTE:

(4-0-0) The motion carried.

Review: Gumpas Hill Road Culvert Replacement Engineering Proposals

Mr. Gaydos said last year= there was a discussion with the Budget Committee about one of the major projects, which was the replacement of a culvert on Gumpas Hill Road. He said the Department of Environm= ental Services (‘DES’) restrictions have become more conservative so = an engineering company had to be hired. Mr. Gaydos said in keeping with Town policy, three companies were contacted, two of which had done business with the Town and the third had a history of doing municipal bridge work.&nb= sp; Bids were solicited from three companies; the bids came in at $55,19= 6, $29,250 and $17,800. Highway = Road Agent Don Foss recommended TFMoran who was the low bidder.

Mr. Gleason asked where t= he money for the project was. Mr. Gayd= os said the money would be from the Highway Block Grant. Mr. Gleason asked if the money for= the actual construction for the culvert was also in the Highway Block Grant. Mr. Gaydos answered yes. Mr. Gleason confirmed that the wor= k was within the scope. Mr. Gaydos said it was. Mr. Gleason asked when t= he work would be done. Mr. Gaydo= s said they would start quickly. They wanted to get the construction done in the late summer, early fall when the water levels were low.

There was a brief discuss= ion regarding the bid specifications. Mr. Gleason asked if consideration had been given to whether or not the culvert should be built higher or bigger; he wanted to know if there was a flood condition up at Gumpas. Mr. G= aydos didn’t believe that the area had the same problems as other areas in Town. They considered replacing with a l= arger structure. Mr. Gleason asked = if there was an estimate for the additional costs. Mr. Gaydos said there was addition= al funding because the project was coming in less than anticipated; however, t= he permitting costs were unknown.

Mr. G= leason asked if the work would be competitively bid (with sealed bids). Mr. Gaydos answered yes.

MOTION:=

(Danevich/Lynde) To award the contract to TFMoran fo= r the Gumpas Hill Road culvert replacement in an amount not to exceed $17,800.

VOTE:

(4-0-0) The motion carried.

Discussion: NRPC Agreement, CIP Co= ntract

Mr. Gaydos said the NRPC Agreement was one that the Town signed on an annual basis. NRPC performs planning services to= the Town. NRPC agrees that the pr= oject costs won’t exceed $2500. Mr. Gaydos said it was a standard agreement.&n= bsp; Mr. Danevich said he couldn’t speak high enough about NRPC and= the work they had done for the Town. Mr. Gaydos said the funds would come out of the Planning Board budget. The amount was a budg= eted item.

MOTION:=

(Danevich/Haverty) To allow the Chairman to sign on = the Selectmen’s behalf, the contract with the Nashua Regional Planning Commission for this year’s CIP for a cost of $2500.

VOTE:

(4-0-0) The motion carried.

Purchase of 37.00 Acres, Map 39, <= st1:place w:st=3D"on">Lot 1-51, off Sherburne Road from Ellen Nadeau

Mr. Gleason said two publ= ic hearings had been held. The i= ntent of having the item on the agenda was to take a vote. Mr. Danevich said during the two p= ublic hearings, there had been no evidence contrary to purchase the property. Mr. Gleason confirmed that the tot= al purchase price was $390,000 paid out of the Conservation bond (approved in 2004).

MOTION:=

(Lynde/Danevich) To approve the purchase 37.00 acres= Map 39, Lot 1-51 off Sherbur= ne Road from Ellen Nadeau.

VOTE:

(4-0-0) The motion carried.

OTHER BUSINESS<= /p>

Budget Guidelines

Mr. Gleason said he put t= ogether a set of budget guidelines for the departments. He asked that the Selectmen review= the guidelines and allow Mr. Gaydos to issue them to the departments. He said he was recommending giving= the departments a 0%-3% growth target; if the departments come in with a higher number they should be prepared to explain and give rational for such. He believed the approach was consi= stent with what had been done successfully in the past and felt it was prudent to= do so at this time.

Mr. Lynde wasn’t su= re that a flat housing market was a driver for revenue for the year. He didn’t agree with the lan= guage saying that a decrease in home values would result in abatements. There was further discussion regar= ding what the Selectmen would ask of the departments. Mr. Lynde asked that the sentence regarding abatement be removed. Mr. Gleason said the sentence could be removed. He said he wanted to communicate t= o the departments that it would be a tough year.= He asked if the memo was acceptable to the Selectmen.

The memo (with the deleti= on of the sentence regarding abatement) was accepted by the Board and directed to= Mr. Gaydos and Financial Director Janet Gallant to provide to the departments.<= span style=3D'mso-spacerun:yes'>

Highway Road Pavement Management B= id Awards

Mr. Gaydos said the bids = were an annual event. Highway Road Ag= ent Don Foss had written to Mr. Gaydos recommending that the paving bid be awar= ded to P.J. Keating and the crack seal bid be awarded to Crack Sealing, Inc. bo= th of which were the low bids. T= he two companies had done work for the Town in the past.

=

MOTION:=

(Lynde/Haverty) To award the crack sealing contract = to Crack Sealing, Inc. (the bid was $1.20 less than the other bidder).

=

VOTE:

(4-0-0) The motion carried.

=

MOTION:=

(Lynde/Haverty) To award the paving contract to P.J. Keating.

=

VOTE:

(4-0-0) The motion carried.

Mr. Gleason asked if ther= e was adequate funding. Mr. Gaydos answered yes. Mr. Gleason sai= d he would like to review a scope of the work to better understand the overall plan. Mr. Gaydos said the plan would be submitted.

TOWN ADMINISTRATOR’S REPORT<= span style=3D'mso-spacerun:yes'> / SELECTMEN’S REPORTS

Mr. Gaydos said they were= in the process of reviewing their cash flow and making an application for a bond anticipation note. He asked t= hat the Selectmen sign the document for the Compensated Absence Fund (which tot= aled $199,201).

Mr. Haverty informed that= the CIP would be meeting on Wednesday evening at 7:30 in the community room at the Police Department. Mr. Gleason asked that Mr. Haverty= let the CIP know that the Selectmen were interested in having them make a formal presentation. Mr. Haverty sai= d he would let them know.

Mr. Danevich said there h= ad been a lot of feedback regarding the E911 project. He briefly discussed the history o= f the project and noted that the project was back on track. He said the next step would take approximately 4-5 weeks; he would notify the Selectmen when they were two w= eeks out.

Mr. L= ynde and Mr. Gleason had no reports. <= /p>

REQUEST FOR NON-PUBLIC S= ESSION

MOTION:=

(Danevich/Lynde) Request for a non-public session pe= r RSA 91-A:3,II,a (Personnel)

=

ROLL CALL:<= /b>

Mr. Gleason-Yes; Mr. Danevich-Yes; Mr. Lynde-Yes; Mr= . Haverty-Yes

Mr. Gleason noted that when the Board returned, after = the non-public session, the Board would not take any other action publicly, exc= ept to possibly seal the minutes of the non-public session and to adjourn the meeting. The Board entered in= to a non-public session at approximately 8:45 pm. Also present = was Mr. Gaydos.

The Board returned to pu= blic session at approximately 9:= 10 pm.

=

MOTION:=

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

=

VOTE:

(4-0-0) The motion carried.

ADJOURNMENT

MOTION:<= o:p>

(Danevich/Lynde) To adjourn the meeting.

=

VOTE:

(4-0-0) The motion carri= ed.

The meeting was adjourne= d at approximately 9:10 pm.

   &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;    Respectfully submitted,

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

   &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;    Recording Secretary