SEL20111206

APPROVED

TOWN OF PELHAM

BOARD OF SE= LECTMEN MEETING

MINUTES

December 6, 2011

APPROVED &#= 8211; December 20, 2011

CALL TO ORDER – approximately 6:30pm

PRESENT:

ABSENT:

Mr. Edmund Gleason, Mr.= Doug Viger, Mr. William McDevitt= , Town Administrator Tom Gaydos

Mr. Robert Haverty, Mr.= Hal Lynde

PLEDGE OF ALLEGIANCE

MINUTES REVIEW

November= 8, 2011 –deferred.

OPEN FORUM

Mr. Paul McDonough, 29 Mammoth Road came forward to discuss items with the Selectmen. He spoke about the Code Officer an= d was concerned if the position was not kept in place. He stated that the fire station re= mained his priority for the next Town vote. He said people he spoke with were in favor of the station. Mr. McDonough discussed road rage = and wanted people to be careful of traffic situations. He spoke about a situation he was recently involved in. He ended by speaking about water problems in the area, which he believed may be due to culverted areas in Drac= ut. He suggested creating ditch areas = in targeted areas to help slow water currents down. He hoped the proposed warrant arti= cle (for $20,000 flood study) passed.

Mr. Gleason thanked Mr. M= cDonough for coming forward. He said t= he Selectmen would address the Code Officer position with the Budget Committee. He said the fire s= tation remained a priority. He belie= ved the flood study would provide the professional insight needed to proceed further.

APPOINTMENTS

Fire Chief James Midgley – Emergency Operation= Center (‘EOC’) Critique

Fire Chief James Midgley = stated he had been tasked with drafting a report to identify issues they had within the EOC as well as solutions to such. A report had been sent out to the Selectmen for review. The first problem was the loss of communications with the State’s emergency center. The communication tools used were = the Citizen Alert system, Town message board, PTV and posting a sign outside the Fire Station. Chief Midgley said t= hey had discussed possibly purchasing an FM transmitter that would allow information to be transmitted approximately 4.6 miles from the center tower. Another possibility wa= s to have a Twitter site. The depa= rtment was thinking ‘out of the box’ to come up with ideas so they cou= ld limit their manpower resources and impact the greatest number of the population. During the recent= storm they tried to conduct door-to-door resident checks. They were working with the Senior Center to target the citizens most in need. Chief Midgley said they would be reviewing the CERT administration a= nd possibly hiring and reactivating the group; retaining personnel was difficult. He then discussed = the personnel structure of the department in comparison to surrounding towns; t= here was no administrative staff to back him up. He spoke of the possibility of app= lying for FEMA funds to erect a second communication tower to be able to eliminate phone lines and utilize a microwave link.&= nbsp;

There was a brief discuss= ion regarding how the Fire Department would proceed. Mr. Viger asked if a sign (with an easily changed message) c= ould be placed in a regular place when something was happening in the Town. Chief Midgley said they had discus= sed that option. The difficulty i= s the sign could only contain a small ‘snippet’ of information making= it a limited option. An FM stati= on would have the ability to provide information on a timed looping scenario.<= span style=3D'mso-spacerun:yes'> The sign could possibly be utilize= d to advertise the FM station. The= Chief emphasized they were a bit away from being able to achieve an FM channel because the FCC may require licensing which would not open up until summer, 2012. Mr. Viger commented tha= t he felt the Fire and Police Departments did an excellent job during the recent storm situation.

Mr. McDevitt asked if Chi= ef Midgley would work with the Senior Center to maintain a database of those who may need to be checked in on during emergency situations. Chief Midgley ans= wered yes. He said the process may = be difficult if people didn’t want to provide personal information, but having that type of list would be invaluable. Providing information is voluntary= and would be kept confidential. M= r. McDevitt commented that the number of calls that come in during a storm eve= nt is overwhelming. He said it w= as clear that CERT was needed in Town to help respond to ‘lesser’ emergency calls. He also felt= that there was a need for additional command staff.&n= bsp;

Mr. Gleason thanked the C= hief for a thorough and informative report. He suggested creating a prioritized list of (short-term through long-term) needs along with the associated costs so immediate actions could= be identified. The Board agreed.=

The Selectmen thanked Chi= ef Midgley for coming forward and speaking with them.

PUBLIC HEARING: To consider acceptance of the following roads associated with the Mulberry Estates subdivision as Class V= Town Roads:

That segment of Shepard Road commencing at or about the easter= ly lines of Parcels 12-203 & 12-203-19; thence running southwesterly to a cul-de-sac at its southwesterly terminus upon which Parcels 12-63-2 & 12-63-3 front;

That segment of Mulberry Lane commencing at its easterly intersection with Shepard Road; thence extending westerly then southeasterl= y to a second (westerly) intersection with Shepard Road;

That segment of Mulberry Lane commencing at said second intersection with Shepard Road; thence extending southeasterly to a point located at or about the southerly line of Parcels 12-44-21 & 12-44-22; = and

All of Lannan Drive commencing at its intersection with Shepard Road and extending in a southerly direction to its intersection with Spring Street. =

Planning Director Jeff Go= wan came forward to discuss the roads under consideration for acceptance. He said the Planning Board, Keach-Nordstrom (Planning Board review consultant), and Highway Road Agent = Don Foss had provided recommendat= ions for the Selectmen to accept the proposed roads. He stated that the roads had their= top coat and had been built extremely well.&nb= sp; The roads have been in service for a number of years. There had previously been some iss= ues, but in working with the developer, those issues were caused to be corrected. All required work = has been done. As per policy, dra= ft deeds have been reviewed by Counsel. Mr. Gowan said if the Selectmen approved the roads, the deeds would = then be recorded.

Mr. Gleason questioned if additional public hearings were required, or if one was satisfactory. Mr. Gaydos believed one public hea= ring was satisfactory.

There was no public input= .

MOTION:

(McDevitt/Viger) To accept the roads as specified in public hearing – Shepard Road, Mulberry Lane and Lannan Drive.

VOTE:

(3-0-0) The motion carried.

Jeff Gowan, Planning Director – Permit Fee Rate Changes

Mr. Gowan said during his previous discussion regarding the fees that fell under the authority of the Selectmen there had been some concern about the approach being taken. It had been suggested to look only= at the commercial fees. The sugg= ested increases were provided to the Selectmen for review. There was a list comparing what commercial fees were taken in through October, 2011 ($6,538) and what those= new fees would have brought in ($10,558). A concern voiced by the Board at the last meeting was if the increase would have a detrimental affect on economic development; it was Mr. Gowan’s opinion that it would not have an affect. He said the lion share of the addit= ional fees would be new developments.

Mr. McDevitt believed Mr.= Gowan explained the fees and they didn’t seem to be burdensome. They appeared to be competitive wi= th nearby communities.

Mr. Gleason commented on = the increase in signs. Mr. Gowan = said the increase was in commercial signs. He felt the proposed $35 fee for a 50SF sign was reasonable. He noted if a variance were given = for a sign to be over 50SF (other than those grandfathered) the proposed $100 fee= was also a reasonable amount. Mr. Gleason asked when the new fees would take affect, if the Selectmen were to grant approval. Mr. Gowan wou= ld like the new fees to take affect immediately so he could ask the Planning B= oard to consider changes in other fees, if they were interested in pursuing such. There was a brief discu= ssion about the businesses that were recently coming into Town.

MOTION:

(McDevitt/Gleason) To adopt the f= ee schedule proposed by the Planning Director that applies to commercial bus= inesses and the fees described on the sheet the Planning Director presented to the Selectmen.

VOTE:

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

The Selectmen thanked Mr.= Gowan for his time, effort and dedication.

OTHER BUSINESS

Sherburne Hall Walkway

Mr. Gleason said he was approached by Phil Blanchette of the Pelham Community Spirit group who indicated that the group was interested in creating a walkway adjacent to t= he Police Station (and current emergency doors) to facilitate an entrance to Sherburne Hall. They would be willing to pay for the walkway. If the Selectmen were receptive, the group would draft a proposal. Mr. McDevitt commented that a walk= way was always on the Sherburne Hall Committee’s list of things to do, but they didn’t have the funds to do so.= He said the idea was to have the hall entrance at the location being described, which would allow people to park in both the front and rear park= ing lots. He felt having the walk= way would be a step in the right direction and would provide crowd control into= the hall.

Mr. Viger felt the walkwa= y was the next logical step to expanding Sherburne Hall. Mr. Gaydos applauded Community Spi= rit for their activities and contributions in Sherburne Hall.

The Selectmen were recept= ive to having a recommendation come forward.

Set Deliberative Session and Town Meeting Dates & Locations<= o:p>

Mr. Gaydos reviewed the u= pcoming important dates that lead up to the 2012 March Town Meeting. The Deliberative Session date has = not been set; the earliest would be February 4, 2012, the latest is February 11, 2012.&= nbsp; Town Meeting ballot vote will be held March 13, 2012.

October Revenue & Expenses

Mr. Gaydos stated that the department heads were holding the expenses in line. He reviewed the revenues and outli= ned the expenses which were calculated through the end of October, 2011.

Mr. Gaydos said the Recre= ation Department had requested to encumber $1500 (from the 2011 operating budget)= to paint the basketball courts (at Lyons Park). He said they had the money in thei= r budget and it was planned for this year, but hadn’t done it. They were able to get the company = to hold the price if they gave them a purchase order now; with the understandi= ng that it would be done next year.

MOTION:

(Viger/McDevitt) To encumber $150= 0 from the 2011 Park & Recreation operating budget to paint the basketball courts at Lyons Park.

VOTE:

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

Mr. Gaydos said there had= been discussions with the Transfer Station.&nbs= p; They have seen some unforeseen expenses with the amount of brush that has been coming in. The Direc= tor will come back to the Selectmen for reconsideration to discuss perhaps an update to the proposed budget for the Selectmen to consider.

ACTION ITEM REVIEW

Deferred.

TOWN ADMINISTRATOR&= #8217;S / SELECTMEN’S REPORTS

Mr. McDevitt reported that he had been working on the All About Town program on PTV. He thanked Pl= anning Board Chair Peter McNamara for being this week’s guest. Next week’s guest will be Bo= ard of Adjustment Chair Dave Hennessey. Mr. McDevitt said the program was moving along and receiving nice feedback. He noted that there was a mountain= of wood chips near the Highway Department that were free to be taken.

Mr. Viger had no report.

Mr. Gaydos stated he had distributed a policy and procedure for taking properties for non-payment of taxes. It reinstituted an old policy the Town had. He said the Tax Collector would gi= ve the Selectmen a list of properties that were to be deeded thirty days in advanc= e of the deed date. This list will= provide all information regarding the property.&nb= sp; Updates will be provided daily.&nbs= p; The last step is a formal vote of the Selectmen to direct the Tax Collector to deed the property. Mr. Gaydos will work with the Tax Collector to ensure there isn’t additio= nal information needed. He will b= ring the policy to the next meeting for a formal approval. Mr. Gaydos provided the Selectmen = with warrant articles that had come from the Conservation Commission. The idea was to either combine som= e of the Town = Forest, or to create new forest. The language will be submitted to Counsel for review then brought to the Selectmen for approval.

Mr. Gaydos said there had been a discussion with Pennichuck Corp. regarding the 12inch main (iron pipe) that runs across Nashua Road to Main Street under a portion of the proposed roundabout. The state has indicated to Pennich= uck they would like the pipe moved. Pennichuck has indicated the cost for moving the pipe would be approximately $165,000; this cost would go directly to the water users. Mr. Gaydos said in his and Pennichuck’s experience this type of pipe is grandfathered. He’s asked the state to cons= ider grandfathering the pipe at Nashua Road. He asked if the Board supported that view. Mr. Gleason believed the Town was = slated for a meeting with the Department of Transportation relative to the status = of the roundabout. He suggested = adding this topic to the agenda of that discussion; specifically to investigate th= eir purpose/reason for wanting to take the pipe and if they would be receptive = to grandfathering it. Mr. Gaydos= said part of the cost was for the redesign.&nbs= p; He said resources were being planned now to start the design, which = was the reason to approach the subject sooner rather than later. Mr. Gleason wanted to broach the s= ubject with them now to inform them it was of interest to the Town to avoid taxpay= er burden and also to include it on the agenda for further discussion during t= he upcoming meeting. There were = no objections.

Mr. Gleason reported that the Seniors held their Christmas party at Harris’ Inn and it was a very enjo= yable day. He commended the Senior = Center Director Sarah Landry and the Council on Aging for putting the event together. Mr. Gleason informe= d that he attended an NRPC meeting. = The discussion centered on the state and its budget. He ended by stating that the Budget Committee had concluded its budget review and vote. They will meet January 12, 2012 for reconsideration. <= /span>

REQUEST FOR NON-PUBLIC SESSION

MOTION:

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

ROLL CALL:

Mr. Gleason-Ye= s; Mr. Viger-Yes; Mr. McDevitt-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 8:05 pm.

The Board return= ed to public session at approximately 8:55 pm.

MOTION:

(McDevitt/Viger) To seal the minu= tes of the non-public session indefinitely.

VOTE:

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

ADJOURNMENT

MOTION:

(McDevitt/Viger) To adjourn the meeting.

VOTE:

(3-0-0) The motion carried.

The meeting was adjourned at approximately = 8:55 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

&n= bsp;

<= /p>

BOARD OF SELECTMEN ACTION ITEMS

March 22, 2011=

<= ![if !supportLists]>· Mr. Gowan to advise Selectmen whether the CIP will be instituted; 8/9/11 – Mr. Gaydos believed they had a complete list of all the equipment in Town. Ms. Kelley will circula= te that list to the departments requesting they advise what condition it was i= n)(8/30 – ongoing – a list of all equipment, trucks etc. was done. Mr. Gaydos will have a meeting with Selectmen Viger to review a replacement schedule); 10/25/11 Mr. Gaydos and Mr. Viger will sharpen the f= ocus in the internal vehicle replacement plan (Planning Board to discuss at their n= ext meeting if they will move forward);

March 29, 2011=

<= ![if !supportLists]>· 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);

<= ![if !supportLists]>· 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<= b>

· 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 circulated for discussion at future meeting) / 10/25/11 – Selectmen w= ill schedule an agenda item in the later part of November once the budget proce= ss is complete;

May 10, 2011=

·<= span style=3D'font:7.0pt "Times New Roman"'> = 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) / 10/25/11 – research st= ill being conducted and signs to be designed;

May 24,= 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 owes= 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) / 10/25/11 – Mr. Gaydos speaking to = Mr. Currier who is looking for drawings done approximately 6 years ago;

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) / 10/25/11- Mr. Gaydos to ask Mr. Greenwood to follow up;=

· 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) / 10/25/11 – Mr. Gaydos to ask Mr. Greenwood to follow up with free internet program with the school.

August = 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) / 10/25/11 – Mr. Gaydos said Chief Roark was heading this up – the same type of study = is being done at the Sherburne Road intersection. ;

Augus= t 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)/ 10/25/11 – Mr. Gaydos said there was wording, but it didn’t have suffici= ent ‘teeth’ – an agenda item will be scheduled for Selectmen discussion.

September 27, 2011

· Mr. Gaydos to create policy for acquiring property due to non-payment of taxes.