SEL20100223

APPROVED

TOWN OF PELHAM

BOARD OF SE= LECTMEN MEETING

MINUTES

February 9, 2010

APPROVED &#= 8211; February 23, 2010

CALL TO ORDER – 6:30pm

PLEDGE OF ALLEGIANCE

PRESENT:

Mr. Robert Haverty, Mr.= Douglas Viger, Mr. Edmund Gleason, Mr. William McDevitt,

Mr. Harold Lynde, Town Administrator Tom Gaydos

ABSENT:

None.

PUBLIC HEARING: Public Hearing to Accept Donation from the Pelham Community Spirit Organization, of a Stage Curtain for Sherburne Hall with a value of approximately $2500

On behalf of Pelham Commu= nity Spirit, Ms. Charlene Takesian came forward and offered the Town a gift of a stage curtain for Sherburne Hall. T= he money for the curtain was raised through the first annual Festival of Trees event. Ms. Takesian stated th= at the Pelham Community Spirit would continue to work with non-profit organization= s to raise money to give back to the community with gifts such as the stage curtain. She described the cu= rtain material informing that it would be at least an IFR, 27ounce charisma velour (flame resistant) in a wine red color. The fabric will come with a flame retardant certificate, certified according to= the NFPA701 Standards. The estimated cost of the curtain is $1750. Four legs (side panels) will also = be purchased to hide off stage areas and provide wings for side entrances and lighting. The legs will be DFR fabric 15ounce encore velour, black in color with a NFPA701 Standards. Ms. Takesian described how the cur= tains would be sewn. She also discu= ssed the fabric rating. The estima= ted cost of the legs was $750. The total gift value from Pelham Community Spirit is $2500. Ms. Takesian said Pelham Community= Spirit encouraged Pelham residents to attend future events sponsored by them so th= ey could continue to support the community and Sherburne Hall. She provided additional informatio= n on fabric being flame retardant.

Mr. Gleason asked if the = Fire Chief had seen the curtain and if he was happy with it. Chief James Midgley, who was seate= d in the public, gave his approval (thumbs up).= Mr. Gleason questioned how the curtain would be hung. Ms. Takesian said they had a plan = to take the existing curtain down (the Highway Department would dispose of it)= and the new curtain would be hung. Mr. Gleason questioned if the new curtain was going to be hung by volunteers or= a hired company. Mr. McDevitt s= aid they didn’t know; they had been offered a generous gift and felt it should be accepted. He said t= here may be someone who would offer to volunteer and put the curtain up at no cost. Ms. Takesian said they didn’t have the curtain yet, she was still finalizing the material. Once ordered, there would be a fou= r to six week lead time before it would arrive.=

Mr. Viger asked if the co= mmittee or the Town would be responsible for hanging the curtain. Ms. Takesian said it hadn’t = been determined. Mr. Viger was con= cerned with liability. He didn’= ;t want backlash for the curtain not being installed correctly. He cautioned to not skip any steps= when the curtain was being hung. M= s. Takesian understood.

PUBLIC INPUT

Mr. Paul McDonagh, 29 Mammoth Road had difficulty hearing the discussion and clarified that there would be a new curtain. He told Ms. Takesian= that he appreciated what the group was doing.

Mr. McDevitt thanked Pelh= am Community Spirit for their work. He said the new curtain was desperately needed.

Ms. Takesian said there w= as some maintenance (cleaning) that would need to be done to the curtain in order f= or it to maintain its certificate of flame retardancy. The Town would need to have it ins= pected and taken care of on an annual basis; the Pelham Community Spirit would be willing to help with it. Mr. Gleason asked what the maintenance costs would be. Ms. Takesian didn’t know. Mr. Gaydos believed the cleaning w= ould be nothing more than running a vacuum over it. He said they could speak with the cleaning company.

MOTION:

(Gleason/McDev= itt) To allow the stage curtain for Sherburne Hall to be donated by the Pelham Community Spirit in the amount of $2500.

VOTE:

(5-0-0) The mo= tion carried.

Ms. Takesian asked if the= public would have time to respond to the Selectmen. Mr. Gaydos answered no; the Select= men have already voted.

PUBLIC HEARING: Pu= blic Hearing to Accept Cash Donation of $800 from FLIR systems of Billerica, MA for use in purchasing a snow blower f= or the Pelham Ice Garden.

Mr. Gaydos said it was brought to his attention by Park & Recreation Direct= or Brian Johnson that FLIR Systems had been very generous with Pelham in the p= ast, and they were now interested in donating $800 (cash) for the purchase of a = used snow blower for the Ice Garden.

There= was a brief discussion regarding the invoice for the snow blower. It was determined that the $800 expenditure was to purchase a used snow blower.

There= was no public input.

Mr. V= iger asked if the invoice had been paid before the donation was accepted. Mr. Gaydos believed it went throug= h the 80 Fund at Park & Recreation; knowing that the donation was being made.=

MOTION: &n= bsp; (Lynd= e/McDevitt) To accept the cash donation of $800 by FLIR Systems of Billerica,

&= nbsp; &nbs= p; MA for the use of purchasing a snow blower for the Pelham Ice Garden.

VOTE:= &nb= sp; (5-0-0) The motion carried.

The Selectmen thanked FLIR Systems for their continued generosity and community mindedness.

MINUTES REVIEW

January = 12, 2010

MOTION:

(Lynde/Gleason= ) To approve the Ja= nuary 12, 2010 meeting minutes as amended.

VOTE:

(4-0-1) The mo= tion carried. Mr. Viger abstaine= d.

January = 19, 2010

MOTION:

(Lynde/McDevit= t) To approve the Ja= nuary 19, 2010 meeting minutes as written.

VOTE:

(5-0-0) The mo= tion carried.

OPEN FORUM

Mr. P= aul McDonagh, 29 Mammoth Road<= /st1:address> came forward to discuss the Fire Department and the Transfer Station. Regarding the Transfer Station, he= spoke about the speed of vehicles at the facility and questioned if there was a w= ay to slow the vehicles down. Mr. Gaydos stated that the Superintendent would be posting additional signs. Mr. McDonagh spoke in reference to= the Fire Department and stated that the new fire station was really needed for = the Town. He understood people we= re hurting financially, but believed they would be hurt even more if they lost= a loved one or their home. He s= aid in some Towns insurance agencies may go after home owners and raise the cost of insurance.

Mr. L= ynde believed the issue of insurance was interesting. He said there had been an effort to improve the Town’s rating for insurance purposes therefore saving homeowner’s insurance costs. It seemed to him response time would be affected if a new fire stati= on was not put in place and a round about was done in the Town Center. He questioned if insurance rates w= ould go up because of it. Mr. Gayd= os felt the primary reason the insurance rating had an improvement was because= of the amount of hydrants installed in Town.&= nbsp; He said some of the Town’s equipment also fell into the calculation.

Mr. L= ynde said during a conversation with the Transfer Station Superintendent the iss= ue of recycling came up. He felt= it might be worth while for the Board to remind the public that there was mand= atory recycling in Town through Policy and the Board agreed.

OTHER BUSINESS<= /p>

Retirement of Lt. Robert Deschene = and Lt. Frank Murphy from the Pelham Fire Department

Fire Chief James Midgley = came forward and informed the Board that he had received the request for retirem= ent from two of his officers. The= first being on January = 6, 2010 from Lt. Frank Murphy who had been with the department for over twenty-two years and would be retiring at the rank of EMT Intermediate Lieutenant. The second letter was from Lt. Rob= ert Deschene who was also at the rank of EMT Intermediate and had been with the Town in a public safety situation for thirty-three years (thirteen years as= a part time police officer and over twenty years as a firefighter.

The Selectmen each convey= ed their deep felt appreciation for the amount of service the gentlemen had committe= d to the Town, and that their departure would be very much missed.

Mr. Viger questioned how = the positions were classified in the department. Chief Midgley stated they were= Officers Lieutenants EMT Intermediate with part time status.

MOTION: (Gleason/McDevitt) To accept the retirements of Firefighter Lt. Robert Deschene and Firefighter Lt. Frank Murphy with heartfelt gratitude and regret.

VOTE: = &nb= sp; (5-0-0) The motion carried.

Trustee of the Trust Funds Volunteer Application Status

Mr. Gaydos told the Selec= tmen one application had been received and questioned how much longer they wanted to keep it. The position had been posted for at least two weeks and did not contain an expiration date.

There was a brief discuss= ion regarding how to proceed. It = was noted that the Selectmen could appoint a person for the position. This person would fill the positio= n for the remainder of the term. The Selectmen decided that the job posing would remain open. They will interview the candidate = at their next meeting and advertise the agenda to read: interview and possible appointment.

APPOINTMENTS

Paul DeCarolis – Regarding issue on Town Land off Diamond Hill Road

Attorney Paul DeCarolis of Gottesman & Hollis came forward on behalf of Frank Fichera and Connie Crooker who owned the property off Diamond Hill Road (with frontage off Dutton Road). He said the property had been in t= he family for years and they would like to develop the property by way of acce= ss from the right-of-way that extends to Diamond Hill Road.&nb= sp; Attorney DeCarolis believed the Town had an interest in the access.<= span style=3D'mso-spacerun:yes'> He said when they went to the Zoni= ng Board the question would be raised as to the Selectmen’s opinion of t= he proposal. He then reviewed the proposal. The owners proposed= to subdivide the land (10 acres) in half and on one of the five acre parcels construct two single-family homes. He said in lieu of constructing a traditional subdivision roadway (C= lass V) they may construct a through road from Dutton Road to the homes and then down the 50-foot right-of-way to Diamond Hill Road. He said if the property was develo= ped under a traditional subdivision the road expense would be significant and n= ot economically possible to build with just four lots. The owners were seeking a variance= to allow the development of the two properties for homes on 2.5 acre lots. They have represented to the Zoning Board that the lots would have deed restrictions so as to not be further subdivided in the future.

Attorney DeCarolis discus= sed the history of the parcel. He sta= ted Diamond Hill Road was developed around 1996. He showed a copy of the recorded deed which indicated that the developer dedic= ated a 50-ft. wide right-of-way to get to the property being discussed. He believed the Town had an intere= st in the road because the recorded plan didn’t show a delineation of a property line (on Diamond = Hill Road) and the perimeter of Diamond Hill Road extended to the 5= 0-ft. right-of-way. He stated that = the Warrant Articles said that the article was for the Town to accept Diamond Hill Road without further reference to the right-of-way.&nbs= p; There was no subsequent deed from the developer to the property for = Diamond Hill Road, particularly for the 50-ft. right-of-way.&= nbsp; He also noted that the deeds for the property owners on either side = of the right-of-way went to the edge of the right-of-way, not to the center line. Attorney DeCarolis felt= that the Town had an interest in the right-of-way, and also felt the FicheraR= 17;s and the Crooker’s had an interest because the purpose for the establishment of the right-of-way was for future access to the Crooker and Fichera parcel.

Attorney DeCarolis then r= eviewed and read aloud a portion of the Zoning Board meeting minutes of October 7, 1996= at which time John Tucker was Planning Director.&nb= sp; He believed the minutes were saying that Mr. Tucker wanted the origi= nal developer to build the road to the point of the two driveways, but it was n= ever built to a Class V roadway status, it was only built to the two driveways t= hat exist there now. He stated th= at the owners were looking to construct something similar to a private drive, not a Class V roadway. Attorney DeC= arolis said they were looking for the Town’s position on whether they would allow the property owners to construct a private drive on the right-of-way = that he believed the Town had interest in. He acknowledged that certain terms would apply, such as releasing the Town from all liability and subject to Planning Board approval (under site = plan review).

Mr. Haverty confirmed tha= t the plan had gone before the Planning Board.&n= bsp; Attorney DeCarolis stated that the plan had gone to the board on an advisory issue whether or not to build the two lots or to construct a traditional subdivision. He believed the Planning Board’s opinion was split. He said the argument for developin= g the parcel as proposed was to reduce the number of homes that would be built.

Mr. Gleason confirmed tha= t the owner would be seeking a variance from frontage requirements. Attorney DeCarolis stated that the= y were scheduled for the Zoning Board next month.= He anticipated that there would be a question as to what the Town wo= uld say about it.

Mr. Haverty wanted to mak= e sure it was understood that there would be four driveways on the road. Attorney DeCarolis said if the var= iance was allowed there would be two existing driveways and they would be adding two.

Mr. Gaydos stated that he= spoke with the Planning Director and Attorney DeCarolis on the proposal. He thought it would be good for the Board to hear the proposal and then discuss it further at their next meeting after receiving a report from the Highway Safety Committee. He asked what the width of the roa= dway would be. Attorney DeCarolis said t= hey hadn’t gone that far with the engineers; they needed a variance before they could do anything. They acknowledge that it could not be the traditional 10-ft. driveway.

Mr. Viger asked if it was possible to access all four parcels from Dutton Road, but not feasible becau= se of the construction cost of the road. Attorney DeCarolis said it may be possible, but the Planning Board preferred to see through roads as opposed to long cul-de-sacs. He said if they built a traditional subdivision with Class V roads, they would have to maximize the development= of the property because of the cost of the roads. The proposal was showing a way to minimize development.

Mr. McDevitt suggested en= listing the Planning Director and Town Counsel to get a better understanding of the Town’s interest in the light of the right-of-way/easement. He said if it was Town land, he wo= uld just as soon give it to someone, which they couldn’t. He didn’t see that the land = served the Town any purpose to keep it. Mr. Gaydos asked if there was a deeded easement over the property. Attorney DeCarolis answered no. He agreed that the issue needed to= be cleared up because at some point when a title search was done the issue wou= ld be brought up. Mr. Gaydos ask= ed the process that would be taken. Attorney DeCarolis believed it would be by way of a quit claim deed = if the original developer was still around.&n= bsp; He said if they weren’t still around they could petition a qui= et title. Mr. Gaydos questioned = what would happen if the Town didn’t respond. Attorney DeCarolis said if the dev= eloper wouldn’t sign a deed over to the Town, they would be subject to quiet title action and the court could order quiet title in lieu of the deed. He commented that with the meeting minutes, the plan and the way the area was developed, the 50-ft. right-of-w= ay was set aside for the access of the two people that currently used it and t= he two people in the back. He couldn’t imagine that the developer would come forward and say that t= hey owned the 50-ft. wide strip. =

Mr. Gleason said it would= be interesting to see what the Planning Board had originally approved and felt something should have been specified in the presentation. Attorney DeCarolis said the plan b= eing shown was the recorded/approved plan. He showed the perimeter of Diamond Hill Road, which went down the right-of-way. Mr. Gleason asked if the developer specified an easement when they were developing the area. Attorney DeCarolis stated in the O= ctober 1996 minutes, there was a suggestion that it be built to Town road standard= s, but it was never built. Mr. G= leason asked if it was the developer’s property at that time. Attorney DeCarolis answered yes. He believed the recommendation to = build the road to Town standards was because the two property owners on either si= de would be using it as their right-of-way; the Planning Director (John Tucker) suggested building to Town standards in lieu of a driveway. Ultimately two private driveways w= ere built. Mr. Gleason said the i= ssue should still have gone to the Zoning Board for lack of frontage. Attorney DeCarolis said the owners= had frontage on Diamond Hill R= oad; the right-of-way was only used for access.= He said the Town was trying to eliminate a wetland crossing over Diamond Hill Road.

Mr. Lynde asked what the = combined frontage was on Dutton Roa= d. Attorney DeCarolis said Dutton Road= had slightly over 200-ft. of frontage. Mr. Lynde questioned if the applicant was proposing to create two non-conforming lots. Attorney= DeCarolis reviewed the plan for the Board. He said if the property was subdivided, half the property would have insuffici= ent frontage on a Class V road, which is the variance they would be requesting. He said they were trying to minimize the development of the property. If a road had to be built, they wo= uld have to maximize the number of lots because of the costs involved with buil= ding a road. Mr. Lynde questioned = the process for building the proposed road. Attorney DeCarolis believed if the variance were granted, the Select= men could be petitioned to lay out a private drive.

Mr. McDevitt was in favor= of the private drive, and wanted to go further and make sure that the Town had no further interest in the land. He said clarification was needed as to what rights the Town possessed before anything was granted.

Mr. Haverty suggested see= king Town Counsel’s opinion and revisiting the discussion at a later date. Mr. Gaydos said the plan should be given to the Highway Safety Committee for review/comment. The Selectmen agreed.

There was no public input= .

Mr. McDevitt asked if the= two neighbors whose driveways go over the right-of-way concur with the proposed plan. Attorney DeCarolis stat= ed that the neighbors initially objected at the Zoning Board meeting. He said they spoke to them and exp= lained the plans; they were hopeful that the neighbors would be in favor of the proposed plan when they went back to the Zoning Board. He said they acknowledged that the= y had a right and understood that an agreement would have to be made between everyone.

OTHER BUSINESS CON’T…

Selectmen Support for High School

Mr. Haverty said the Sele= ctmen had received requests from private citizens as well as a grass roots organization to take a formal stance in support of a new Pelham high school. He brought the reques= t to the Board for discussion.

Mr. Lynde was willing to = put his support behind the proposal of the School Board. Being a member of the high school = study committee, Mr. Lynde discussed the proposed plan. He stated a compelling reason to a= ct sooner rather than later was the threat by legislature to suspend school building aid amounting to 30% of the principle cost of the building.

Mr. Gleason felt the high= school was an integral part of the Town and a significant part of the infrastructure. He felt it was essential to look to the future and make an investment in the school. He believed the Town had experienc= ed a hardship in terms of devaluation of property because of the economy and bec= ause it didn’t invest in its infrastructure. He felt if the Town was to realize= increased valuation in the future, an investment would have to be made to the infrastructure or the real estate values would decrease. He didn’t feel that the tax = impact would be that significant in terms of the return to the citizens. Mr. Gleason felt the high school a= nd the fire station were necessary if the Town was going to see any improvement and grow with other towns.

Mr. Viger said he had bee= n tax payer in Town for thirteen years and at the time the elementary school was being discussed to be followed by a new high school. Now, thirteen years later there was still no high school. Mr. Vig= er spoke about the various committees that had researched the issues and belie= ved all aspects had been covered. He felt it was time to move forward and reward the tax payers by giving them something that would increase their home values. He said the children should also be rewarded by giving them an accredited high school. He supported the project and urged= the other Board members to do the same.

Mr. McDevitt echoed and s= upported what had been said. He commen= ted that Windham, NH had spent fifteen million on site preparation, which was something Pelham wouldn’t have to do. His understanding about state aid = was if it were restored, it would be restored for poor towns. The state did not consider Pelham = a poor town. Mr. McDevitt was unsure= what the Town would do if the school didn’t pass.

Mr. Haverty said four yea= rs ago when he was first a Selectman there were discussions about a high school, f= ire station and traffic issues in the Town center. Presently, the same issues were st= ill being discussed. Having sat o= n the CIP for six years, he shared the frustration of the board for not having the support from the voters. Mr. Haverty supported a new high school on a new site and discussed his reasons= for doing so.

The Selectmen discussed h= ow they wanted to proceed. Mr. Gleaso= n felt a letter from the Board indicating support and permission to use it on advertising should suffice. <= /p>

MOTION: (Lynde/= McDevitt) To support the School Board’s proposal and give permission to use that support on advertising.

&nb= sp;

VOTE: = ; <= /span>(5-0-0) The motion carried.

Mr. Paul McDonagh, 29 Mammoth Road came forward in support of the high school.

There was further favorab= le discussion regarding the proposal, the minimal impact it would have on taxpayers over = the life of the loan as well as the benefits of having a school when reviewing valuations.

Selectmen Priorities for 2010

The Selectmen reviewed the proposed 2010 priority list and discussed which items would remain and which items would have their priority changed; other items would be determined by= the vote in March.

If there are additions to= the priorities, the Selectmen should submit them for discussion at an upcoming meeting.

TOWN ADMINISTRATOR’S / SELECTMEN’S REPORTS

Mr. Gaydos informed that = the reports from Deliberative Session were being completed.

Mr. Gleason stated that h= e had a meeting at the Senior Center; they were v= ery active on the expansion and would have people at the polls with signs. They have asked permission to plac= e a model of the building in the Town Hall front lobby. Mr. Gleason said the Seniors were = very motivated and hoped that they were successful. He then reported that he would att= end a meeting of the Rockingham Economic Development Division to discuss in what direction they were headed. P= lanning Director Jeff Gowan will also be attending. Mr. Gleason will be attending a me= eting with NRPC next month. He said= the meetings would allow the Town to see how to integrate activities into their schedules. =

Mr. Viger had no report.<= span style=3D'mso-spacerun:yes'> He noted that Pelham Baseball Registration was open and could be done on-line.

Mr. McDevitt stated that Charlotte Vautier Moore, who is retiring as a Supervisor of the Check List = was acknowledged at the Deliberative Session for her contributions. He felt the Selectmen should also recognize her. He wanted to a= ccept the responsibility to do the work on that.= There were no objections by the Selectmen.

Mr. Lynde and Mr. Haverty= had no reports.

REQUEST FOR NON-PUBLIC SESSION

MOTION:

(Gleason/Lynde) Request for a non-public session per RSA 91-A:3,II, a (personnel)

ROLL CALL:

Mr. Haverty-Ye= s; Mr. Viger-Yes; Mr. McDevitt-Yes; Mr. Lynde-Yes; Mr. Gleason-Yes

It was noted tha= t when the Board returned, after the non-public session, the Board would not take = any other action publicly, except to possibly seal the minutes of the non-public session and to adjourn the meeting. The Board entered into a non-public session at approximately 8:47 pm.

The Board returned to public session at approximately 9:20 pm.

MOTION:

(McDevitt/Lynd= e) To seal the minutes of the non-public session indefinitely.

VOTE:

(5-0-0) The mo= tion carried.

ADJOURNMENT

MOTION:

(McDevitt/Lynd= e) To adjourn the meeting.

VOTE:

(5-0-0) The motion carried.

The meeting was adjourned at approximately 9:20 pm.

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

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

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