SEL20100223

APPROVED

TOWN OF PELHAM

BOARD OF SE= LECTMEN MEETING

MINUTES

February 23, 2010

APPROVED &#= 8211; March 16, 2010<= /p>

CALL TO ORDER – 6:30pm

PLEDGE OF ALLEGIANCE

PRESENT:

Mr. Edmund Gleason, Mr.= William McDevitt, Mr. Harold Lynde, Town Administrator Tom Gaydos

ABSENT:

Mr. Robert Haverty, Mr.= Douglas Viger

PUBLIC HEARING

PUBLIC HEARING: Pu= blic Hearing to Accept Monetary Donation of $3000 from Kensho-Ryu Charity of Billerica, MA to the Pelham Police K-9 Fund

K-9 Demo – K-9 Officer Dale Robeck & Officer “Bolo”

Mr. Gleason opened the Pu= blic Hearing. Police Chief Joseph Roark came for= ward and gave a brief summary of the K-9 Program. He asked Officer Dale Robeck and M= r. Paul Parent of Kensho-Ryu to come forward.= Chief Roark thanked Mr. Parent for being community minded and donati= ng $3000 to the K-9 Program. Chi= ef Roark then called Ms. Donna Clark of Beaver Valley Farm forward to recognize her donation of free food for K-9 BOLO.&nb= sp; He said the donations allowed the Department to keep and maintain the program as well as it had been.

Officer Robeck provided a demonstration of K-9 BOLO’s abilities both in obedience and searching= a room conducting a detailed check. Chief Roark congratulated Officer Robeck (and BOLO) for a job well d= one.

PUBLIC INPUT

Mr. Paul McDonagh came forward. He felt it was wonde= rful to have people in contact with the Police Department. He was grateful that donations wer= e made to the program and stated the contributions were not only to the Police Department but also to the community.

MOTION:

(Lynde/McDevit= t) To accept the monetary donation of $3000 from Kensho-Ryu Charity of Billerica, MA to the Pelham Police Department K-9 Fund.

VOTE:

(3-0-0) The mo= tion carried.

Mr. Gleason stated that t= he donation was accepted with gratitude and appreciation from the Town.

APPOINTMENTS

Police Chief Joseph Roark – Officer Commendations

Police Chief Joseph Roark= said 2009 was a remarkable year, the department saw increases in types of crime = that they didn’t normally witness. He believed the Department did a good job adjusting and were able to stabilize their ranks and implement some new programs. He said it was difficult to select= out a few Officers for special commendations; he believed everyone in the Departm= ent at one time or another did something exceptional. He said a few Officers did some un= ique and special duties that he felt should be recognized.

Chief Roark read the Offi= cer Commendations aloud and called each Officer forward to be recognized.

The Police Officers who w= ere recognized were: Master Patrol Officer Matt Keenliside, Patrolman Matt Kule= sz, Patrolman Dale Robeck, Sergeant Anne Perriello, Detective James Johnson and Detective Sergeant Thomas O’Donnell, who was not present.

Mr. Lynde stated that he = had always felt great pride in the Police Department. He was proud of the standards they= set and maintained as well as the Officers on the force. He said the Town was fortunate to = have the quality of Officers that they had serving such a small town. He thanked them all for their efforts.

Chief Roark thanked Mr. L= ynde for the sentiments. He said the t= hanks went to the rank and file; they were all very motivated and the Town was lu= cky because they did more than was requested of them.

Mr. Gleason echoed Mr. Lynde’s statement. He s= aid the Town was very fortunate to have such a dedicated, committed and professional force. He said t= hey were proud of all that the Department did.= He thanked them for everything they did to keep the residents safe a= nd for their diligence.

MINUTES REVIEW

Februar= y 9, 2010

MOTION:

(McDevitt/Lynd= e) To approve the Feb= ruary 9, 2010 meeting minutes as amended.

VOTE:

(3-0-0) The mo= tion carried.

OPEN FORUM

Mr. Paul McDonagh came fo= rward and presented the Selectmen with a drawing he had done depicting the Board members. The Selectmen were appreciative of the artwork. = Mr. Gleason thanked Mr. McDonagh for his participation always sharing his thoug= hts with the Board.

APPOINTMENTS CON’T…

Trustee of the Trust Funds Candidate Interview – John Kach= more

Mr. McDevitt explained to= the public that Mr. Kachmore had previously come before the Board to discuss his qualifications. He asked that= he provide a brief introduction and summary of experience.

Mr. John Kachmore came fo= rward to discuss his application to be a Trustee of the Trust Funds. He summarized his experience and t= he reasons he would be beneficial to the Town if appointed.

Mr. Gleason was thankful = that Mr. Kachmore came forward. He fel= t it was beneficial to have a person with financial experience in the position.<= span style=3D'mso-spacerun:yes'> He was grateful for his volunteeri= ng.

It was noted that the pos= ition had remained open; there were no other applicants for the Selectmen to revi= ew.

MOTION:

(Lynde/McDevit= t) To appoint Mr. John Kachmore as a Trustee of the Trust Funds for the Town of Pelham effective immediately and to expire April 1, 2011 or until his successor is chosen.

VOTE:

(3-0-0) The mo= tion carried.

Mr. Gleason told Mr. Kach= more that he needed to be sworn in by the Town Clerk. He thanked Mr. Kachmore for coming forward and volunteering.

Attorney Paul DeCarolis – Discussion of Frank Fichera Jr. & Constance Crooker – 52 Dutton Road – Map 36 Lot 10-358 (o= ff Diamond Hill Road

Mr. Gaydos informed that = the applicant had asked to postpone the meeting because of information that had come forward. The piece of pr= operty being referred to is not owned by the Town; it may have been reserved, but = the Town had never accepted it. T= he applicant is hoping to make further progress and come back to the Selectmen= on March 16, 2010.=

AT&T use of Town Class VI Road

Mr. Gaydos told the Selec= tmen that he had asked the applicants to provide an overview. He stated that they had been worki= ng with Planning Director Jeff Gowan and Town Counsel John Ratigan regarding t= he legal aspects. He felt it was important that the Selectmen understand the process and know exactly what t= hey were being asked to approve. = He said the intent was not to make decisions at this point. Any questions/conc= erns should be forwarded to him prior to the March 16, 2010 meeting so the applicant at that time= could move forward with the Planning Board process.

AT&T would like to er= ect a cell tower (with co-location of other carriers available) on private proper= ty with access being over the Class VI portion of Gumpas Hill Road.

Attorney Douglas Wilkins = from Anderson & Kreiger and Mr. Peter Marchant of KJK Wireless (agent for AT&T) came forward to discuss their request. Attorney Wilkins stated that they = were asking for two forms of permission to use the Class VI portion of Gumpas Hill Road; 1) permission to upgrade the road; and 2) permission to apply for a building permit. He said they had met = with the Zoning and Planning Boards as well as the Conservation Commission, which has supported the recommended crossing of the wetlands portion to the Department of environmental Services (‘DES’). Attorney Wilkins referred to the p= lans and showed the Selectmen what they were proposing. He showed that they would like to improve a portion (742ft.) of Gumpas Hill Road to be a 12ft. wide gravel surface; t= he entire easement is actually 30ft. wide.&nb= sp; The power and telecommunications lines would be overhead. A small wetland area would be cros= sed; an application has been submitted to DES.&= nbsp; Both sides of the road will be lined with a rip rap swale for draina= ge; a narrative has been submitted to the Town’s consulting engineer. A bar gate is proposed to stop acc= ess onto the property. Attorney W= ilkins reviewed the road profile, which showed the type of grading that would be done. He noted that they had = worked with Town Counsel to draft a Limitation of Municipal Liability and an indemnification release document.

Mr. Gleason stated that t= he Highway Safety Committee (‘HSC’) had recommended that the Town = have a release (from AT&T) of responsibility to respond due to the site being inaccessible because of the road. Attorney Kreiger stated that one of the documents being drafted acknowledged that there were grades and road conditions making it so the To= wn could not respond to certain kinds of emergencies. Mr. Gaydos noted that there were s= everal items that would be followed up, such as an inspection of the program by Ke= ach Nordstrom (on behalf of the Town). He said once everything was in place with the land use boards and the engineering review was completed, the Selectmen would be asked to sign off = on the plan. The agreement would= need to be signed off by Town Counsel.

Planning Director Jeff Go= wan stated that Keach Nordstrom was involved with the review of the plan; they didn’t have involvement in the agreement, other than pointing out tha= t it was required in the RSA. He discussed the bonding aspect and said the Highway Road Agent Don Foss would also be involved.

Mr. Gleason confirmed tha= t the DES application for crossing the brook was pending. Attorney Wilkins believed it was pending. Mr. Gleason confirme= d that the Conservation Commission had approved their portion. He asked if the Highway Road Agent= had approved his portion. Mr. Gow= an said he and Mr. Foss (in the context of the HSC) had reviewed the section o= f Gumpas Hill Road several times.

Mr. Lynde asked how the t= ower height matched with the Town’s Ordinance. Mr. Gowan said the Town had restri= ctions in its Zoning; the applicant had gone to the Zoning Board and received two variances (‘use’ and ‘dimensional’) for lack of frontage onto a Town road and for the cell tower to be located within the residential zone. Mr. Lynde a= sked if the Ordinance contained a height limitation. Mr. Gowan answered yes. Mr. Lynde wanted to know if the pr= oposed tower met the requirements. Attorney Wilkins believed they must have met the requirements, but didn’t have the number memorized.&nb= sp; Mr. Lynde asked for a description of the balloon test and its result. Attorney Wilkins stat= ed that a balloon test had been conducted in conjunction with a site walk last summer; there were some areas that it was visible, but at a substantial distance. He commented that t= he parcel was large and set back into the woods. Mr. Lynde questioned if the Town b= oards were satisfied with the plan. Mr. Gowan said the plan had gone through a lengthy Planning Board process and K= each Nordstrom had done review. He= said he and the Planning Board were convinced that the resulting plan would suff= ice; there will be construction monitoring to ensure it would be done per the plan. Mr. Lynde questioned if= the proposed property abutted recently acquired Town property. Conservation Commission Chairman P= aul Gagnon (who was seated in the public) indicated it did not. Mr. Lynde asked if the proposed ga= te would limit access. Attorney Wilkins stated that the gate was for limiting access to the private portion= of the access.

Mr. McDevitt wanted to kn= ow the public benefit for allowing the applicant to cross over the road. Attorney Wilkins stated that the r= easons were documented in the information provided to the Town. He stated the main benefit was to provide (cell) coverage that was currently not available to the public. He commented that gaps in service = was not only a problem for private citizens, but it also caused problems with public safety in regard to emergency response times and communication betwe= en the responders and emergency facilities.&n= bsp; He noted that they had agreed for the Town to have a spot on the tow= er for emergency communications should they decided to utilize such. Mr. McDevitt asked if Mr. Gowan concurred with the testimony. Mr. Gowan answered yes. He said t= he HSC had taken a strong position on the tower being discussed as well as the Roc= ky Hill tower; without the combination of the two they wouldn’t be effec= tive in plugging the gaps in service. He commented that the ordinance was strong on co-location so other carriers wo= uld have the ability to coverage. Mr. McDevitt questioned when the Rocky Hill tower would be built. Mr. Marchant believed it was in the process of being built.

Mr. Gleason confirmed tha= t the applicant would take adequate precautions that the site was under a control= led environment. Attorney Wilkins= said they would. Mr. Gowan noted t= hat there would be cleared buffer around the facility that would be maintained. Mr. Gleason quest= ioned if there would be camera surveillance at the site. Attorney Wilkins said it wasn̵= 7;t typical. It was believed that= there would be a problem with ATV’s in the area.

Mr. Gaydos commented that Attorney Ratigan would be forwarding documentation for Selectmen review. He said he would be asking the Sel= ectmen if they wanted to have the applicant’s attend the meeting of March 16, 2010.=

Mr. Lynde asked if the To= wn had expressed an interest in being located on the tower. Mr. Gowan stated that the Planning= Board required (as part of their approval for the Rocky Hill Road site) an easement document. He said AT&T had offered to mount an apparatus, if one was available, at the time the tower = was built. He said the easement document would be part of this application as well. Attorney Wilkins said they would g= rant permission for the Town to utilize the tower, at a location that didn’= ;t interfere with other co-location, without paying rent.

The Selectmen will forwar= d any questions/comments to Mr. Gaydos prior to the March 16, 2010 meeting at which time t= hey may possibly vote. The documents = being drafted by Attorney Ratigan will also be available at that time.

OTHER BUSINESS

Town Meeting- Voting Reminder: Tuesday, March 9, 2010 at Pelham High School<= /st1:PlaceType>, 85 Marsh Road. From 7am to 8pm.

Town Meeting will be cond= ucted on March 9, 2010 at Pelham High School between 7am and 8pm. Everyone was encouraged to vote.

Mr. McDevitt provided a s= ummary of a live PTV program. He sai= d each of the warrant articles being presented were reviewed either with the appropriate department head or interested group. He said if anyone had question the= y could send them via e-mail and they would be answered. The program will be re-broadcasted= up to Town Meeting.

The Town Report and Voter= ’s Guide will be available at the beginning of March.

Next Board of Selectmen Meeting on Tuesday, March 16, 2010=

The next Board of Selectm= en meeting will be held March 16, 2010.

TOWN ADMINISTRATOR’S / SELECTMEN’S RE= PORTS

Mr. Gaydos indicated that= the Commissioners had held a meeting concerning the Town Center and had now = issued their report to the Commissioner of the Department of Transportation. He said the report would be posted= on the Town website; anyone who made comments/observations will be mailed a co= py of the minutes.

Mr. McDevitt and Mr. Lynd= e had no reports.

Mr. Gleason said the CEDS= (part of the Rockingham Economic Development Committee) had a presentation that w= as informative. There were two m= ajor projects that would be done in the area; one could possibly create four to = six thousand jobs, the other would have a significant impact on industry and business in the Nashua area. An upcoming meeting wou= ld discuss the future of the area. Mr. Gleason invited the Selectmen to attend the meeting. Mr. Gleason ended by reporting tha= t he attended a meeting of the Senior Building Committee who felt Mr. McDevitt&#= 8217;s program went extremely well and were very pleased with the presentation.

REQUEST FOR NON-PUBLIC SESSION

MOTION:

(Lynde/McDevit= t) Request for a non-public session per RSA 91-A:3,II, d (Consideration of acquisition, sale or lease of property)

ROLL CALL:

Mr. McDevitt-Y= es; 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 8:07 pm.

The Board returned to public session at approximately 8:30 pm.

MOTION:

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

VOTE:

(3-0-0) The mo= tion carried.

ADJOURNMENT

MOTION:

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

VOTE:

(3-0-0) The motion carried.

The meeting was adjourned at approximately 8:30 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