SEL20110913

APPROVED

TOWN OF PELHAM

BOARD OF SE= LECTMEN MEETING

MINUTES

September 13, 2011

CALL TO ORDER – approximately 6:30pm

PRESENT:

ABSENT:

Mr. Edmund Gleason, Mr.= Douglas Viger, Mr. William McDevitt= , Mr. Robert Haverty, Mr. Hal Lynde, Town Administrator Tom Gaydos

None

PLEDGE OF ALLEGIANCE

OPEN FORUM

None.

APPOINTMENTS

Ron Hannon, Pelham Recycling Center Director – Discussion on Composting

Ron Hannon, Pelham Recycling Center Director came forward to discuss adding composting at the facility. He outlined the composting process, how it would be set up at the facility and spoke of the benefit (to residents and the Town) of adding the service. He showed a photo of= the proposed unit that would house the compost. There would be no cost to the Town= ; residents would have a disposal cost of $1-$2 per back dropped off.

There was a brief discussion how the composting units would fit at the facility. Mr. Haverty asked if adding composting would spread the employees too thin. Mr. Hannon said during the last two years the facility had added numerous services with no difficulty. He said he would oversee the compo= sting for at least the first one/two years. Bags can be purchased for approximately $1 at a hardware-type store;= the facility may have bags for sale to residents. It was noted that composting could= begin within a week if Selectmen approved. Mr. Hannon said he had the composting units and would donate them to= the Town. Mr. Gleason said the pr= oceeds could pay for the units; Mr. Hannon shouldn’t have to donate the units. It was felt that offer= ing composting at the facility would cut back on disposal costs, eliminate ille= gal disposal, and eliminate burning within the Town.

There was a consensus of the Selectmen to allow Mr. Hannon proceed wi= th offering composting at the PERC facility.

OTHER BUSINESS=

Update(s)

Mr. Gleason provided the Selectmen with a summary of the Budget Committee’s actions. He= said the committee had completed their site walk of Town facilities. The Budget Committee held their fi= rst meeting. Mr. Gleason felt the meeting went well. He said th= ey had discussed, and would consider, placing the highway truck and back hoe into = the budget. The committee asked t= he Selectmen to work expeditiously in putting together a vehicle replacement plan. Mr. Gleason looked forw= ard to having a productive session in the coming year.

Mr. Lynde announced that the 105^th Old Home Day would be celebrated on Sa= turday, September 17, 2011 beginning with a road race in the morning and ending with a BBQ dinner in the afternoon.= He spoke about the various events that would take place throughout t= he day.

Review of Proposed Amendments to the Town Junkyard Ordinance

Mr. Gaydos said there was one amendment to the Junkyard Ordinance he would like the Selectmen to discuss. The state changed the license issue date from April 1^st to July 1^st. The chan= ge would give the Town the opportunity to conduct inspections without having s= now on the ground. Junkyard applications would now be due June 1^st so the Town would have a month to conduct reviews of facilities.&nb= sp;

A public hearing regarding this change will be scheduled. Mr. Gaydos asked that the Selectmen forward any suggested changes to him. A copy of the ordinance has been posted onto the web for review.

PUBLIC HEARING : 1^st of 2 Public Hearings to discuss the Town of Pelham’s Pawn Shop Ordinance as Proposed by the Pelham Police Department

Mr. Gaydos explained that the Town didn’t have any pawn shops or second hand dealers. He said = if one were to move to Town there was a question of how it would be regulated. He explained that Police Chief Roa= rk reviewed what other towns/cities were doing and found that most were working off the same framework language. A draft ordinance was run past Town Counsel.= Mr. Gaydos reviewed the proposed document.

Police Chief Joseph Roark came forward to discuss the pawn process and how the ordinance would be beneficial to the Town in the event of stolen property. He said currently t= here were no businesses within Pelham that would fall under the proposed ordinance. He explained that = the initial ordinance had been re-worked completely and discussed the amendments that were made.

Mr. Viger questioned if there was an age timeframe that firearms woul= d be allowed, or if they would be ruled out all together. Chief Roark ruled out firearms. He said there were Federal Standar= ds to accept firearms, but would rather delete ‘firearms’ for simplic= ity of the Ordinance. He noted in= a previous draft, the licensing fee was $50; the fee was increased to be $100, however he felt the Selectmen should discuss what they felt an appropriate license and renewal fee should be. <= /span>Mr. Gleason asked how much administrative time would be spent approving a license. The Police Departmen= t portion may take an hour and the Town Hall portion may also take an hour. Mr. Gaydos said by nature of a pawn business, the store would have surveillance cameras, large amounts of cash = and valuables. =

Mr. Gleason questioned if someone could come into Pelham and open a p= awn shop, on their own, in the absence of having a pawn shop ordinance in place. Chief Roark answered y= es; short of having an ordinance, the Town wouldn’t have any controls over them. He discussed the pawning process and the importance of having an ordinance in place (for accountabil= ity) to be able to match up items being pawned to burglaries, shoplifting, etc.<= span style=3D'mso-spacerun:yes'> An ordinance would give the Town t= he ability, prior to a pawn business starting in Town, to work collaboratively with someone them.

There was a discussion regarding the proposed license fee of $100; th= is fee would be put into the Town’s General Fund, not the Police Department. Mr. Gaydos questi= oned if additional work was needed when a pawn shop initially came into Town ver= sus renewing a pawn shop. Chief R= oark believed there would be more work when a shop first located in Town. Mr. Gaydos outlined the initial pr= ocess of opening a pawn business. He suggested possibly having a higher amount for the first application and low= er amount for a renewal. Chief R= oark reiterated that the fees didn’t go to the Police Department; they wou= ld go into the Town’s General Fund.&nbs= p;

Mr. Gaydos questioned what the ordinance meant by ‘perishable’ and ‘non-perishable’ items. Chief Roark discussed how the lang= uage was explained to him. He said= pawn shop clients are asked if they are selling an item, or pledging/pawning an item. When a pawn shop buys something outright, there is no loan involved and the shop has to hold onto that item for 21 days. When a= n item is pledged, the shop has to hold onto the item for at least 4 months.

Mr. Gleason’s impression was that legal had reviewed the ordina= nce and provided input. Mr. Gaydo= s said legal had reviewed the document and felt it was a fine ordinance.

Mr. Gaydos discussed the review/public hearing process. He stated because changes were mad= e, the Board would conduct a third public hearing; if the document were to change again, an additional public hearing would be held. Mr. McDevitt questioned what would= apply to someone who wanted to open a pawn shop tomorrow. Mr. Gaydos said everything would apply. He said they had discu= ssed that question with counsel; it was an ordinance that spoke of equal applica= tion of the law that fell under a different section of the RSA’s than land use. He stated if someone wan= ted to open a pawn shop tomorrow, they would have to comply with the ordinance whe= n it was done. &nb= sp;

Mr. Gleason opened the hearing up to public comment. No one came forward.

The new amendments will be posted on the website under Town documents= as well as being posted on the Police Department website. Chief Roark noted he would put a C= itizen Observer Alert out to businesses indicating the ordinance is being proposed.

OTHER BUSINESS CON&= #8217;T

Review of Proposed Amendments to the Town Hawker/Peddler Ordinance

Mr. Gaydos said the proposed change was to the application, not the ordinance. The change would b= e to limit the area that the hawker/peddler could operate in. He said the change would be submit= ted to counsel for an opinion; after which the ordinance would be distributed to Selectmen for a future meeting. No public hearing is required. <= o:p>

Mr. McDevitt said there is sometime some difficulty with a vendor set= ting up in proximity to a fundraiser. Based on a conversation with Mr. Gaydos he replied the only way to prohibit this action was if it presented a safety hazard. The permit would allow the vendor = to operate along the roads in the Town of Pelham. Mr. McDevitt asked if the vendor w= ould have to keep moving. Mr. Gayd= os answered no. He said he would= get counsel’s opinion and provide the response to Selectmen for further discussion.

Fire Station Progress Update

Mr. Haverty reported that Eckman Construction had been named as the C= onstruction Management firm (and were under contract for such). Eckman will start on the value engineering process with Berard Martel.&nb= sp; The next milestones: 1) Eckman to hold a meeting in late October inviting any local businesses interested in bidding on a part of the projec= t to come forward so they can discuss qualifications; and 2) late November the T= own will be given the guaranteed maximum price from Eckman.

Raymond Park Naming Requirements=

Mr. McDevitt provided the Selectmen with a handout indicating the nam= ing requirements for portions of the Elmer G. Raymond Park. The portions of the park noted as = having naming requirements are as follows: 1) 1981 Town Purchases prentice Robinson parcel TMP 2-5-59 (“Robinson Addition”); 2) 1984 Town Meeting - Joseph Grossman Deeds two parcel= s, combined as TMP 2-5-69 (“Judge J. Albert Lynch Addition”; and 3) 1989 Robert L. Young deeds a parcel to the town (“Robert L. Young Addition”). It was noted that the section of park acquired from Martina Gage Estate did not ha= ve naming requirements. Mr. McDe= vitt said he wasn’t seeking a conclusion at this time and suggested the Selectmen have further discussion. <= /span>

Mr. Viger asked if there was any indication as to how the soccer fiel= ds had to be named and whether the parcels needed recognition. Mr. McDevitt said the deeds only required the naming of the ‘addition’; the deeds didn’t prohibit naming a soccer field or hiking path within that area.

Mr. Lynde said the park did have an information board as part of the trail system, but it had been damaged by vandalism. He suggested creating a new information/historical board outlining how the park developed and identifyi= ng the benefactors. He said this information could be replicated in a couple different locations. Mr. McDevitt commented when going through the research, it is apparent that Mr. William Hayes was the prime m= over behind assembling the parcels and speaking to the people. He felt as part of the naming, the= work Mr. Hayes had done should be recognized.&n= bsp;

Mr. McDevitt asked if Mr. Gaydos would coordinate with the Park & Recreation department to find out the cost of signs. Mr. Gleason questioned how difficu= lt it would be to create a map that delineated the different parcels. Mr. McDevitt didn’t think it= would be hard to do so because there were already maps to work from. Mr. Gleason suggested setting an a= genda item for specific period of time. He said they Selectmen should determine what would be done, how it w= ould be done and where the funding would come from. The Selectmen agreed.

ACTION ITEM REVIEW<= o:p>

Deferred.

Mr. Gleason asked that Mr. Gaydos begin structuring warrant articles = for the Selectmen to consider.

TOWN ADMINISTRATOR / SELECTMEN REPORTS

Mr. McDevitt said it was brought to his attention that there were a number of trees (dedicated to people) within Lyons Park that were in terrible condition. He believed the situation needed to be addressed. He was not aware that money had be= en set aside for maintenance, such as the case with the trees on the Village Green. Mr. Gaydos said the landscaper could be asked to do an assessment. Mr. Lynde felt it was important to= find out why the trees didn’t make it.&nb= sp;

Mr. Viger and Mr. Lynde had no reports.

Mr. Gaydos commented that the flags along Old Bridge Street were becoming tattered. He didn’t kno= w how much it cost to replace the flags, but didn’t feel it would be a lot = of money. He noted that the Fire Department had indicated they would be happy to help swap the flags out bef= ore Old Home Day. Mr. Viger belie= ved there was money in the Town Celebrations budget to replace the flags. He reviewed the budget and informe= d that there was $1000 for ninety-seven flags along the avenue of flags. The Selectmen agreed that the flags should be replaced prior to Old Home Day.&= nbsp; Mr. Gaydos would ensure it was done.

Mr. Gaydos reported that preparations were being done for contract ne= gotiations with the Police Department and Support Staff.

Mr. Haverty stated the Selectmen had received feedback regarding their ability to communicate with taxpayers/voters and how they might reach out to them. He said he was working = on a couple alternatives to improve communications: 1) offer residents the abili= ty to sign up for an e-mail blast - periodic updates from departments within t= he Town; and 2) introduction of a regular moderated chat. Mr. Haverty felt the two items dis= cussed could be used to improve communications with the Town people. He proposed immediately working on= how they wanted to roll the newsletter out by working on the template and field= ing addresses for people who wanted to get it.= With regard to an interactive chat, he said the Selectmen could determine a guest list and discuss the process and what to expect.

Mr. McDevitt said the Selectmen should be cautious in the obligations they imposed on themselves or Town staff.&= nbsp;

There was further discussion regarding communication with the Town. Mr. Haverty said taking baby steps= into the process would tell the Selectmen early in the process if it was going to work. He believed if it worke= d, it wouldn’t be hard to keep going. He noted that the budget included a communication line item that currently had $1. It was note= d that the intent of the communication was not to be the meeting minutes, but rath= er an ‘fyi’ digest of the daily bullet points the Selectmen receive.<= span style=3D'mso-spacerun:yes'> The e-mail blast was not meant to stimulate a two-way conversation.

Mr. Haverty said he would like to have a 30-day trial (two e-mails) a= nd after which come back to the Selectmen with a report of how many people sig= ned up, when the e-mails went out, the delivery rate and the open rate. He wanted to hold off on conductin= g the interactive chat until there was a topic germane to that type of channel. The Selectmen were in concurrence = with Mr. Haverty proceeding.

Mr. Gaydos will continue drafting a letter every other week for submission to the local newspaper. Mr. Haverty thanked Mr. Gaydos for taking the initiative by sending = the letter to the newspaper. Ther= e was really good feedback received from the submission.

REQUEST FOR NON-PUBLIC SESSION

MOTION:

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

ROLL CALL:

Mr. Gleason-Ye= s; Mr. McDevitt-Yes; Mr. Viger-Yes; Mr. Haverty-Yes; Mr. Lynde-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 8:24 pm.

The Board return= ed to public session at approximately 8:57 pm.

MOTION:

(McDevitt/Haverty) To seal the mi= nutes of the non-public session indefinitely.

VOTE:

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

ADJOURNMENT

MOTION:

(McDevitt/Haverty) To adjourn the meeting.

VOTE:

(5-0-0) The motion carried.

The meeting was = adjourned at approximately 8:57 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

BOARD OF SELECTMEN ACTION ITEMS

March 22, 2011=

· Mr. Gowan to advise Selectmen whether the CIP will be instituted; ~~Mr. McDevitt will contact Planning Director Gowan re: Planning Board’s intentions for (reforming)~~ CIP (Planning Board to make final decision- Selectmen resolved 4/12/11- left open for further resolution by Mr. Gowan; 5/10/11 Mr. Gaydos to follow up with Mr. Gowan re: status)(6/7/11 Mr. McDevitt said the Chairman of the Planning Board would s= et the CIP on the shelf for the time being because there was no public interest – after discussion with Selectmen, he said he would go back to Planni= ng and ask that they reconsider) (7/5/11 – Mr. McDevitt to ask the PB on 7/7/11 their plans for CIP and if they would reconsider reinstituting the committee)(8/2/11 Mr. Gaydos spoke with department heads to put together th= eir own CIP)(8/9/11 – Mr. Gaydos believed they had a complete list of all= the equipment in Town. Ms. Kelley= will circulate that list to the departments requesting they advise what conditio= n it was in)(8/30 – ongoing – a list of all equipment, trucks etc. w= as done. Mr. Gaydos will have a meeting with Selectmen Viger to review a replacement schedule);

March 29, 2011=

· Mr. Gaydos to provide schedule for 2^{nd<=
/sup>
egress at Muldoon; presentation of plan (4/12/11 – plan to be received 4/13/11 Mr. Gay=
dos will
request Highway Safety Committee recommendation; 5/10/11 Mr. Gaydos said when he received=
the
easement agreement and the deed is drawn up – that paperwork will be
forwarded to Mr. Phil Currier for review/approval)(6/7/11 – Mr. Gaydos
said they were awaiting Mr. Currier’s comments on the easement deed /=
Mr.
McDevitt said the Planning Board was awaiting information from Selectmen as=
to
the traffic flow at the Muldoon Park property line / Highway Safety Committ=
ee
recommended both egresses be two-way traffic, and during the winter to close
the Nashua Road access)(6/21/11 – Mr. Gaydos provided an update that =
the
access would be the full 50ft. and the Little League would be able to move
their fence out 8ft)(7/5/11 – Mr. Gaydos to set a public hearing R=
11;
additional information to be provided to the Highway Safety Committee and
Planning Board)(8/2/11 – Mr. Gaydos said the plan had been received.<=
span
style=3D'mso-spacerun:yes'> The RFP was put out. Prior to bids being accepted a pre=
-bid
meeting would be held and have the DES permit reviewed. Mr. Gaydos will discuss with the
Planning Director the possibility of having the Planning Board sit in on a
public meeting held by the Selectmen)(8/9/11 – A mandatory pre-bid
meeting date will be set and advertised – a joint meeting will be sch=
eduled
with the Planning Board)(8/30/11 – bid was awarded project to proceed=
);}

· Mr. Gaydos to speak with Police Chief regard= ing schedule for enacting Pawn Broker Ordinance (4/12/11 – Mr. Gaydos informed that the Police Chief was doing a lot of work with policies in accordance with being a certified agency, once completed he will work with Legal on the Pawn Broker Ordinance)(4/26/11 Police Chief rewriting the ordinance -upon completion will be reviewed with Mr. Gaydos then given to Selectmen)(7/5/11 – Police Chief has been working to replace and offi= cer – this item will be scheduled soon)(8/9/11 – The Police Chief is ready to meet with the Selectmen and agenda item will be scheduled with the Chairman)(8/30/11 – public hearings to be scheduled);

· Planning Board to make recommendation to Selectmen regarding Article #14 (portion of Mulberry Lane, portion of Sheph= ard Road and all of Lannan Drive)(8/2/11 this will stay on the list to remain on the Selectmen’s radar, Mr. Gaydos to follow up with Mr. Gowan regardi= ng status)(8/9/11 waiting for the contractors to complete work so the Planning Board will be ready)(8/30/11 – Planning Board has yet to make recommendation);

· Mr. Gaydos to put timeline together for Cast= le Hill Road (6/7/11 easement being completed that would allow the Crawfords to access their property)(7/5/11 – Mr. Gaydos stated the project was mov= ing forward, there were other issues to get out of the way prior to addressing = this)(8/2/11 Mr. Gaydos is working with Attorney Solomon and will have a timeline quickl= y)(8/9/11 – Mr. Gaydos continuing to work with Attorney Solomon- associated correspondence will be provided to the Selectmen)(8/30/11 – still in progress);

April 26, 2011

·= ; = Mr. Gaydos to review vendor list and identify which items should be discussed. (5/10/11 – Mr. Gaydos created a list and was fu= rther breaking it out because some vendors supply more than one item) (7/5/11 Mr. Gaydo= s said the Town was spending a lot of time concentrating on a law suit – this wi= ll then be addressed)(8/2/11 Mr. Gaydos to provide status of the items.= Mr. Gleason said after budgets were completed he would add this as an agenda item in September for discussion)(8/30/11 – completed and will be ci= rculated for discussion at future meeting);

May 10, 2011=

· Mr. McDevitt researching appropriate signage= for Raymond Park (where parcels are located and what names were allowed per dee= ds) (6/7/11 Mr. McDev= itt said research was completed and would like to discuss with the Board after the meeting of 6/28/= 11)(7/5/11 – M= r. McDevitt said a discussion should be scheduled regarding the names at Raymond Park. Information is available to educate the Selectmen. A discussion will be scheduled for= July 19, 2011)(= 8/2/11 Mr. McDev= itt said the Board had received a draft of the naming requirements of the park, which ra= ised additional questions. The Sel= ectmen will schedule a discussion at a later time)(8/9/11 – there is a question wheth= er there could be signs that stay up at Raymond Park – this is in the process = of being addressed)(8//30/11 – agenda item scheduled);<= /u>

May 2= 4, 2011

·= ; = Mr. Gaydos to contact the Congregational Church to find out how long they would allow the Town to use their property (7/5/11 – Mr. Gaydos said he would continue to = follow up. They previously had an agreement and didn’t believe that would change.)(8/2/11 Mr. Gaydos said he ow= es Mr. Currier some materials)(8/9/11 – Mr. Gaydos is pulling together the plans from several years ago of = what was intended to be built in the event they were to build something behind t= he fire station – information to be provided to Mr. Currier)(8/30/11 –= Mr. Gaydos still pursuing with Mr. Currier);

July 5,= 2011

·= ; = Mr. Gaydos to request from Comcast something in writing indicating there will b= e no additional charge for moving cable to new fire station location (8/2/11 Mr. Gaydos said there were several issues he would deal with all at once when Comcast returned the signed contract)(8/30/11 – contracts returned – Town will approach Comcast with two required follow up letters of agreement);

·= ; = To ensure a side letter is received from Comcast for the free internet service= for the school (8/2/1= 1 this item included with the above)(8/9/11 Mr. Gaydos awaiting response from Comcast).

July = 26, 2011

·= ; = Mr. Gaydos to provide Selectmen with backup information regarding the Ambulance Capital Reserve Fund (warrant article and RSA) and the Selectmen’s authority (8/2/11 wording that initially appeared to be straight forward isn’t – further review is needed)(8/9/11 – Mr. Gaydos to = meet with Mr. Gleason to see if they come to the same conclusion regarding the information / Mr. Gleason said the information was ambiguous. He didn’t think they could s= olve it unless they went back and pulled warrants to do an analysis of what was spent)(8/30/11 – need to finalize);<= u>

·= ; = Mr. Gleason will provide the Selectmen copy of the wording from the Ambulance Capital Reserve warrant (8/2/11 still being reviewed);

Augus= t 2, 2011

·= ; = Ob= tain status regarding Young’s Crossing and the flashing sign on Route 38/Gage Hill Road/Ledge Road intersection and from Police Chief. (8/9/11 Mr. Gaydos had a discussion with Police Chief= Roark regarding the flashing light and there may be less expensive alternatives.<= span style=3D'mso-spacerun:yes'> The Chief has requested a meeting = with the DOT district for Pelham)(8/30/11 – correspondence received from State – Mr. Gaydos to work with Police Chief Roark to compile accident statistics);

August = 16, 2011

·= ; = Mr. Gaydos to research if there is legislation pertaining to dam water releases= for a future agenda item (8/30/11 –Mr. Gaydos working on response regarding dam water releases and hope= d it would also address the flood ordinance Mr. Gowan was working on)

September 13, 2011=

·= ; = Mr. Gaydos to work with Park & Recreation to find out the cost for signs at Raymond Park;=

·= ; = Mr. Gaydos to begin structuring warrant articles to be considered.