SEL20080607

APPROVED

TOWN OF PELHAM

BOARD OF SE= LECTMEN MEETING

MINUTES

June 17, 2008

APPROVED – July 1, 2008

CALL TO ORDER

PLEDGE OF ALLEGIANCE

PRESENT:

Mr. Douglas Viger, Mr. = Robert Haverty, Mr. Victor Danevich, Mr. William McDevitt, Mr. Harold Lynde, Town Administrator Tom Gaydos

Also present:

ABSENT:

Members of the press and general public.

None.

MINUTES REVIEW

June 3, 2008

MOTION:<= o:p>

(Lynde/McDevitt) To approve the June 3, 2008 meeting minutes as writ= ten.

VOTE:

(4-0-1) The motion carri= ed. Mr. Danevich abstained (he was a= bsent for the meeting of June 3, 2008).

OPEN FORUM

None.

APPOINTMENTS

Article K Waiver Application: 2 Waivers, 295-14 & 295-16 Own= ers – Kevin & Diane Jean, 1 Orchard Lane / Map/Lot 16/13-109

The Selectmen convened as= the Board of Health with Paul Zarnowski as Chairman.

Mr. Zarnowski reviewed th= e requested waivers: 1) Section 295-14 - leach bed to be 4ft. above the seasonal high w= ater table – requested 2.5ft. (which is the state requirement) because the applicant is unable to obtain a gravity septic system; and 2) Section 295-16 – 75ft. from leach bed to well – need to replace existing septic system. He said the existing = septic system was in failure. He not= ed that the Town’s Ordinance didn’t consider new technology becaus= e it had not been updated since the 1990’s. The applicant noted that the exist= ing system had been in failure for a few months and the drainage came down on t= he right side of the driveway so there was no other area to place a system.

The Board discussed the w= aiver requests. Mr. Danevich was concerned with reducing the footage and creating a hardship for somebody el= se by placing the septic within an abutter’s radius. Mr. Zarnowski said the site could = be reviewed and the designer could place a note on the plan indicating there w= ere no wells within 75ft. of the existing fields. He discussed the type of system th= at was being proposed. There was fur= ther discussion regarding the requested waivers.

MOTION:<= o:p>

(McDevitt/Lynde) To grant a waiver to Article K, Sec= tion 295-14 and 295-16 to ML 16/13-109, subject to field verification of no we= lls being within 75ft. of the proposed system with a note being added to the = plan accordingly.

=

VOTE:

(5-1-0) The motion carried. Mr. Danevich voted no.

MOTION:<= o:p>

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

=

VOTE:

(6-0-0) The motion carri= ed.

The Selectmen reconvened.=

Jonathan McNeal – SAI Communications: Proposed Cell Tower, Raymond Park

Mr. Viger said he receive= d an e-mail indicating there may be a conflict of interest with him listening to= the discussion. He told the Board= that his father was in the cell site business, but did not work for the company coming forward. He wanted to = know if anyone had a problem with him sitting for the discussion. Mr. Lynde asked Mr. Viger if his f= ather worked for the company giving the presentation. Mr. Viger answered no. Mr. McDevitt confirmed that Mr. Vi= ger wouldn’t financially benefit from a decision. Mr. Viger said he would not.

Mr. McDevitt said he live= d in the neighborhood but felt he could act without conflict.

There were no objections = to Mr. Viger and Mr. McDevitt remaining seated for the discussion.

Mr. Jonathan McNeal of SAI Communications met with the Selectmen.&nbs= p; He said there were some problems with cell phone service within the Pelham area, specifically south of Baldwin Hill along Route 128. He said he was assigned to find a location for a facility in the area. He summarized the type of location that he looked for. He was seeking confirmation of an acceptable location in that area. He said he would have the titles run and reviewed by their attorneys. He said once the location was determined a balloon test could be done so people could see wh= ere the tower would be visible. <= /p>

There was further discuss= ion regarding a possible site. Mr. McDevitt asked Mr. McNeal to provide a sketch indicating where they were proposing along with a concentric and topographical map. He asked the status about the Jere= my Hill site. He knew the Town h= ad been working with the state. = Mr. Viger said they were looking into a communications tower, but didn’t = know to what extent. He said it wo= uld be revenue to the state. Mr. Gay= dos said the state found another location, but was unsure of where.

Mr. McNeal discussed the = tower and noted that consideration should be given to the number of carriers that could locate on a tower and the height it would be above the tree line.

Mr. Lynde questioned if a= lease agreement would have to go before Town Meeting. Mr. Gaydos answered yes. He said it was felt that Mr. McNeal should have a discussion with the Selectmen prior to meeting with the Selectmen. Mr. McNeal said th= e Town had a wireless provision directing carriers to industrial and commercial properties, but there was no such property within the four-square mile area being discussed. Mr. Gaydos believed it was key to demonstrate why the industrial land on that side of = Town would not achieve the goals being set out.=

Mr. McDevitt believed tha= t area was a problem for safety services as well.=

The Selectmen supported o= f moving forward to the next step. Mr. McNeal said he would also contact the Fire and Police (through Mr. Gaydos) = to make sure that the coordinates would work for them as well.

Brian Johnson: Discussion re: Lyons Park – Opening/Closing Hours

Park & Recreation Dir= ector Brian Johnson informed the Selectmen that quite often when he arrived to wo= rk in the morning (and sometimes on the weekend) he found that the lights had = been left on at Lyons Park. He said he had also received phone= calls from concerned citizens about dealing with loud/rowdy kids at three o’clock in the morning. He said he met with = Mr. Gaydos and discussed the possibility of placing a timer on the lights to sh= ut off at 11pm. He discussed the hours of usage.

Mr. Viger asked what cost= there was to the Town by having the lights on six to twelve hours per day. Mr. Gaydos said the electric cost = was approximately $275-$280 per month ($.90 per minute – corrected July 1, 2008 to = read $.90 per hour); there were also meter costs.&nb= sp;

Mr. Johnson said he and M= r. Gaydos came up with a couple solutions: 1) timer to have the lights shut off automatically at 11pm; and 2) install a coin operated system so the people who use the lights would pay for them. He said at a minimu= m a timer should be installed.

Mr. Viger asked if there = had been any feedback from the Police Department.&n= bsp; He said sometimes the officers used the park after their shift. Mr. Gaydos said he didn’t re= ceive any feedback but was aware of the neighbor’s complaints.

Mr. Gaydos discussed the = coin system. Mr. Viger asked if the money would go into Town Buildings. Mr. Gaydos said it could, but it could also qualify for the 80 progr= am because it was a facility and revenue that would go directly into it. He said essentially it was recreation. He felt the coin-= op was a maintenance free operation versus a timer.

Mr. Haverty recognized th= e need for a solution, but questioned if a coin-operation would be a target for vandalism. Mr. Gaydos said the machine they looked at was made for the use and would be installed so it wasn’t an easy target. = Mr. Haverty said the coin operation might hamper the ability for people to use = the park if it was vandalized. He= asked if there were published hours for the park. Mr. Gaydos said there weren’t. Mr. Haverty suggested setting a curfew for the park.&n= bsp;

Mr. Lynde said he would l= ike to postpone action to give people the opportunity to comment.

Mr. Viger said given the = current budget, he’d like to put the burden of usage on those who use it. Mr. Danevich said the cost would be approximately $90 per month if the timer was installed because the usage wo= uld be limited. He discussed the limitations of installing a coin operated system. He then made a motion to institute= a timer and revisit next year. = Mr. McDevitt said he would support the motion if the Selectmen also voted to cl= ose the park at 11pm = and post that it would close. Mr. Dane= vich said the Town had no policy to close the parks at a certain time. Mr. McDevitt said Town land was the Selectmen’s responsibility. Mr. Danevich questioned if all parks would close. Mr. McDevitt said there had been a specific complaint about = Lyons Park. Mr. Danevich said there had been complaints about early morning and late night noise in other parks. He said at the present time, he wo= uld like to have the lights shut off at 11pm and have further discussion at a later time. Mr. McDevitt said he might support= the motion, but withdrew his second. Mr. Haverty seconded the motion because he felt there was a problem = that needed to be solved.

Mr. Lynde reiterated that= he wanted to postpone action until people could submit comments. Mr. Johnson said there was a conce= rned citizen that spoke to the former P&R Director. He felt if the lights turned off a= t 11pm, kids wouldn’t b= e playing at the park at 3am= . Mr. Lynde wanted to post a notice indicating that the Selectmen would hold a discussion regarding the lights. Mr. Haverty believed = there was an opportunity to save money by shutting the lights off. He felt if the noise was reduced it would be a good by-product of doing so.&nb= sp;

Mr. Lynde asked what the = system cost. Mr. Johnson said the ti= mers were approximately $225.

MOTION:

(Danevich/Have= rty) To install a timer at Lyons Park that would s= hut the lights off at 11pm.

VOTE:

(5-0-0) The motion carried.

Mr. Danevich said he woul= d still like to discuss park closures. Mr. McDevitt said since Mr. Johnson was present, it might be appropriate to cha= rge him with coming back to the Selectmen with a proposal.

Mr. Johnson said he would= have the timer ordered and installed. Mr. Lynde asked what the coin operation would cost. Mr. Johnson believed it was approximately $750. Mr. Danev= ich noted that a timer could be moved, so it wouldn’t be a lost investment.

Dan Provencal: Flag Football Donation

Park & Recreation Dir= ector Brian Johnson said he would speak on behalf of Mr. Provencal, who was unabl= e to attend the meeting. He said N= H Flag Football League had operated in Town for two years. He said they had been able to raise money to install grass with 500 yards of loam and seed as well as install t= wo water lines at Lyons Park. He said Flag Football would make t= he donation and pick up the landscaping charges for maintaining the fields.

Mr. Lynde asked if the landscaping contract could be renegotiated. Mr. Johnson said he asked the land= scaper if they were able to move forward, if he would maintain the field at Raymond Park. He said the field was b= eing used and needed to be maintained. He said he would swap Lyons Park for the practi= ce field at Raymond Park. Mr. Ly= nde asked what source would be used for water.= Mr. Johnson said it had been reviewed. He said there was a holding tank i= n the parking lot that would more than support the water needed to water the field. It would be well water= , not Pennichuck.

Mr. Gaydos said the idea = would be to put the water line through the drainage system so there would be minimum impact. He said they would ma= p it together and bring it back to the Selectmen for approval.

Mr. Lynde asked if the do= nation would fall under the gift policy. Mr. Johnson said it was approximately $12,000. Mr. Gaydos said the idea was to br= ing back a final plan for the Selectmen’s approval; if approved a public hearing would be set for the donation.&nbs= p;

Mr. Viger asked Mr. Johns= on to form a plan and bring it back to the Selectmen.

Highway Safety Committee Recommendations – Signage and Road Name Request

Mr. Gaydos said he asked = the Highway Safety Committee to update the Selectmen about the items that they = were reviewing. He reviewed a list= of items that had been requested: 1) stop sign at the Diamond Hill & Cara = Lane intersection – public hearing to be held for an ordinance so Police c= ould enforce it; 2) reduced speed limit on Spring Street Ext. requested by resid= ents – Chief Roark suggested a sign indicating ‘slow thickly settled’ – no action needed by Selectmen; 3) because of safety concerns at the intersection of Mammoth Road/Keyes Hill Road/Tallant Road – a] install stop ahead sign on easterly approach to Tallant Road Bri= dge (coming to Mammoth Road from Tallant Road), b] large stop bar on Tallant Ro= ad and Mammoth Road, c] during highway stripe painting have a portion of yellow stripe blacked out (on Tallant Road at Mammoth Road intersection) to elimin= ate the visual effect of the road continuing.&= nbsp;

Mr. Haverty wanted to kno= w if the suggested measures would decrease the number of accidents at the intersection. He wanted to ma= ke sure that the solution fit the problem.&nb= sp; He suggested getting additional information from the Police and Fire Chiefs. Mr. Gaydos said it wo= uld be an easy solution to paint the stop bars and put the sign up on Tallant Road.

Mr. Viger asked if a publ= ic hearing had to be scheduled. = Mr. Gaydos said a public hearing had to be set for installing the stop sign. Mr. McDevitt didn’t know the Selectmen had the ability to pass an ordinance other than a health ordinance without Town Meeting. There w= as a discussion regarding what authority was needed to install signs. Mr. McDevitt asked for clarificati= on on a legal point of what the Selectmen could do.

Miscellaneous Discussion

There was a memo from the= Highway Safety Committee that indicated they couldn’t find a conflict with the road name “Yellow Brick Road” and advised if the Planning Direc= tor found it to not to be acceptable he could inform the developer. Mr. Haverty said he spoke to the Planning Director regarding the matter and the Planning Director was looking for direction from the Selectmen. He said the Highway Safety Committee found no merit to turn the road name down, it met their criteria, but they wanted to know if the Selectmen would accept the road name. M= r. Danevich said the memo contained a double negative as for the name acceptance. There was no obje= ction by the Selection regarding the road name ‘Yellow Brick Road’.

OTHER BUSINESS

Transfer Station Policy Brochure Approval

Mr. Viger indicated that = the Rules and Regulations for the Operation of the Town of Pelham New Hampshire Transfer Recycling Facility had been changed with the request that the Selectmen had. He believed everything had been addressed. Mr. Gaydos said if= the Selectmen wanted to approve the rules, they could be passed around for signature.

MOTION:

(McDevitt/Dane= vich) To approve the Rules and Regulations for the Operation of the Town of Pelham New Hampshire Transfer Recycling Facility as presented to the Selectmen tonight (= June 17, 2008).

VOTE:

(5-0-0) The motion carried.

Transfer Station Operations Study Committee – Update<= /o:p>

Mr. Gaydos indicated that= there were a couple people who were interested in being on the committee. He said the Selectmen could discuss closing the applications and holding interviews at the next meeting.

Tennessee Gas Pipeline-Invitation to Abutte= rs to Concord Lateral Pr= oject – June 18,= 2008 at 4pm.

Mr. Viger informed that an invitation had been extended for those interested in viewing a compression station similar to that being proposed in Pelham. It was noted that no members of the Planning Board or Selectmen would be attending.

Mr. McDevitt said he wouldn’t be attending because the Selectmen had virtually nothing to = say about the location of the facility. He was concerned that very few people had signed up to go on the bus trip. He questioned if abutte= rs were notified. Mr. Gaydos sai= d the abutters to the location were notified and understood some were attending.<= span style=3D'mso-spacerun:yes'> Mr. Haverty said he had no knowled= ge if abutters were notified or attending. He said the Planning Board discussed the trip and there seemed to be= no volunteer from that board.   Mr. Gaydos recalled seeing a notice. He noted that the Tennessee Gasline Company had posted a public hearing to be held on July 17, 2008 at 7pm at the Pelham Elementary School Media Center.

TOWN ADMINISTRATOR’S REPORT /= SELECTMEN’S REPORTS

Mr. Danevich and Mr. Have= rty had no report.

Mr. McDevitt informed tha= t Wednesday, June 25, 2008 there would be a concert (by Coco Banana) held on the Village Green. He noted that the concerts were pa= id for 100% by sponsors. He gave a p= ublic Thank You to those sponsor. <= /p>

Mr. Lynde provided the Se= lectmen with an update of the work being done at Raymond Park. He said things were progressing well. He also noted that Tot = Soccer would be ending over the weekend. Mr. Lynde then informed that he attended a Municipal Advocacy Meeting where they voted on areas of legislation that they would support on behalf = of New Hampshire Municipalities. He said they also handed out a Letter to the Editor by one of the members regarding legislation relative to the New Hampshire Retirement System.

Mr. Gaydos said some time= ago the SAU approached him and the Town to ask if there were any options in the Municipal Center for kindergarten or the SAU= if it were to split. He said he att= ended a meeting, and the individuals in charge of the program (at the school) came back with a recommendation that they utilize parts of the current school to accommodate kindergarten. He = said that recommendation was not accepted by the School Board and he was now bei= ng called again regarding usage of Municipal Building space. He asked for the Selectmen’s input. The Selectmen discusse= d the question of using space within the Municipal Building and the obstacles with using the building and the empty classrooms. The Selectmen suggested that the S= chool Board review the building and then come to the Selectmen for a discussion; = they didn’t want Mr. Gaydos to expend his time reviewing the option.

Mr. Viger informed that t= he Pelham Little League All Star Game and the Girls All Star Game would be held. He also noted that Cub = Scout Pack 25 would hold a car wash over the weekend.

ADJOURNMENT

MOTION:

(Danevich/McDe= vitt) To adjourn the meeting.

VOTE:

(5-0-0) The motion carried.

The meeting was adjourned at approximately 8:25 pm.

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

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

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