SEL20120424 Not Approved

NOT APPROVED

TOWN OF PELHAM

BOARD OF SE= LECTMEN MEETING

MINUTES

April 24, 2012

CALL TO ORDER – approximately 6:30pm

PRESENT:

ABSENT:

Mr. William McDevitt, M= r. Edmund Gleason, Mr. Robert Haverty, Mr. Hal Lynde

Mr. Doug Viger, Town Administrator Tom Gaydos

PLEDGE OF ALLEGIANCE

MINUTES REVIEW

April 10= , 2012

MOTION:

(Gleason/Lynde) To approve the April 10, 2012 meeting minutes as amended.

VOTE:

(4-0-0) The motion carried.

OPEN FORUM

None.

ANNOUNCEMENTS

Mr. McDevitt made mention= of the passing of Steven Isabelle, companion of Jennifer Hovey who works in the Planning Department. The Sele= ctmen have individually and collectively extended their sympathy to Ms. Hovey.

The Police Department will participate in a national drug take back initiative held at the Police Stat= ion April 28, 2012 = from 10am until 2pm.&n= bsp; Citizens are not required to speak with an officer when dropping dru= gs off. Any old/unused pharmaceu= tical prescriptions can be dropped off at the station; they do not accept needles, drug paraphernalia and liquids. Questions should be directed to Lt. Brian McCarthy at 635-2411.

Mr. McDevitt said the Sel= ectmen received a letter from National Grid talking about their herbicide use notification that will begin around June 4^th and could continue = for a couple months depending on a number of circumstances. He believed they would publish a n= otice in the newspaper when they start.

The American Legion Poppy= Day will be May 12, = 2012.

APPOINTMENT(S)

Town Clerk/Tax Collector Dorothy Marsden and Town Moderator Phil Currier – Update regarding voting machine problems at the 2012 Town Meeting

Mr. McDevitt explained th= at when voting some ran into a situation where the voting machine was down. Some voters were asked to place th= eir ballots into a plastic box. T= here were a number of questions, concerns, information and misinformation raised. It was believed to be= a good idea to update the public as to what occurred.

Town Moderator Phil Curri= er and Town Clerk/Tax Collector Dorothy Marsden came forward for the discussion. Mr. Currier commented that it was = the first time in his memory that both the School and Town machines went down.<= span style=3D'mso-spacerun:yes'> He explained what happened with the machines and noted that the company was good at responding to both instances. Some people were g= iven the choice to wait in line or place their ballot in a plastic box (temporary ballot box) next to the machine. Mr. Currier stated that the Police Officer did exactly what they were instructed to do; the officer was instructed to stand directly adjacent to = the box. The Officer was also instructed that each voter was to put only one ballot in the box and absolu= tely nobody was to take ballots out of the box unless either the Moderator or To= wn Clerk there. He discussed the process taken to collect ballots and how they were handled once the voting machines were back on-line. M= r. Currier said they don’t have the option of stopping an election and f= elt the Officer should receive an apology because they did exactly as they were instructed. The ballot number= s were exact for the Town, School and supervisor’s list.

Mr. Currier said he recei= ved a question regarding the Selectmen being present at the election. He said by law, the Selectmen are election officials. The Town follows the rules strictly; the one Selectman who did not work was a candid= ate for re-election and not entitled to work inside the polls. Mr. Currier said during the electi= on, it was the first time they had a memory card not work.

Ms. Marsden learned that = the machine’s memory card has a battery inside. She said after the election the co= mpany tested the machine by leaving it on for forty-eight hours and intermittently inserting ballots during the testing period.

Mr. Lynde asked if the ma= chines were still acceptable for the Town to continue using. Mr. Currier said the type of machi= ne is approved by the Secretary of State’s office. Both the Town and the School own t= he machines. During the next ele= ction the machines will use surge protectors.&nb= sp;

The Selectmen thanked Mr.= Currier and Ms. Marsden for the update.

Planning Director Jeff Gowan –

= ; Roundabout Progress Discussion following April 18, 2012 DOT meeting

= ; NRPC Commissioner Meeting

= ; Code Enforcement Official Update

Mr. Phil Currier and Reve= rend Bill Ferguson of the First Congregational Church came forward to briefly address the Selectmen regarding the roundabout project. Mr. Currier said there was a newsp= aper article that caused a little confusion.&nb= sp; He said he expressed his personal views on the fire station. His personal feeling was to demoli= sh the existing fire station building; his second feeling was to have the ‘o= ld common’ area remain green and not be paved over. He made clear that his opinions we= re not statements by the First Congregational Church. It was his understanding as the To= wn moved forward with their discussions with the Department of Transportation (‘DOT’) that the church would also like to be involved. Rev. Ferguson stated that the Trus= tees had a discussion and asked that they be involved in the conversation with DOT. He said the church had g= rown tremendously and had some parking issues.&= nbsp; They were having surveys done to expand the parking lot, have it rep= aved and add more spaces. They wou= ld like to keep options open. Re= v. Ferguson said the church understood that Mr. Currier didn’t speak for= the church. He said the Trustee o= f the Church dealt with finances and things of that nature. He offered to provide the Selectme= n with an e-mail list of the Church’s Trustees. He said the Trustees would happy t= o be involved in the conversation about what will happen across the street.

Mr. Currier provided the Selectmen with an aerial photograph of the Town Center dating back to the 1950’s timeframe.= The photograph showed the area of the existing fire station, which h= ad been green for many years. He reiterated he would like to see that area revert back to green space after = the existing fire station is demolished. He noted that the church owned a small piece of land (Parson’s Pasture) behind the triangular portion of land, with a right-of-way running through the old road (behind the existing station). He understood that the Selectmen w= ere considering whether and how to change the classification of that road. He asked that the Selectmen keep i= n mind that the Church would want to preserve the right-of-way with the ability to access the land behind the existing station.

Mr. Gleason said the news= paper quoted him as seeing correspondence. He clarified that the correspondence he had seen was an e-mail from = Mr. Gaydos, not from the Church. = Rev. Ferguson said they hadn’t had any conversation with anyone and weren’t aware of any written correspondence from the Trustees.

Mr. McDevitt said the Sel= ectmen would figure out a way to keep the Church ‘in the loop’. He suggested Mr. Gowan include the Church on the distribution list for notes taken at the DOT meeting; the not= es are public documents.

Mr. Gleason recalled ther= e was some interest in finding out whether DOT would be willing to put a parking = lot in for the church (at some location). Rev. Ferguson said the Trustees had not had any conversations for any disposition. He said they wou= ld be open to the conversation. Mr. Gleason said there would be a meeting with the DOT on May 13^th to pursue discussions and thought it would be beneficial if the Church had any preferences or concerns to communicate such. Mr. Currier said when the DOT had a discussion at the church there was a discussion about the (6-8) parking spa= ces that would be lost on Main= Street. He said they asked the question if= part of DOT’s work or payment could be to replace those spaces; no answer = was given. Mr. Gleason said they = could ask that question. Mr. McDevi= tt commented that the Selectmen were sensitive to the impact on the neighbors = that the roundabout project would have. <= /span>

Planning Director Jeff Go= wan informed that the received a communication from the Nashua Regional Planning Commission (‘NRPC’) in connection with the DOT’s 10-year plan. They wanted to extend t= he funding for preliminary engineering on the Main Street Bridge into fiscal = year 2013. This wouldn’t cha= nge the 2017 construction programming date; it was a date change for funding.

Mr. Gleason said it appea= red to be a modification of the 10-year plan that would need to go back to the sta= te for approval. Mr. Gowan discu= ssed the plan and explained that they were extending the engineering portion. Mr. Gleason clarified that it was a recommendation to the state who would still have to approve the change. Mr. Gowan answered yes; the 10-yea= r plan was not yet officially ‘blessed’. Mr. McDevitt said Mr. Gowan could = convey to the state that the Board had no objection.

Mr. Gowan discussed the p= rogress of the roundabout project. On= April 18, 2012 = a meeting was held with the DOT during which the following was discussed:

= 1.&n= bsp; The roundabout closest to Town Hall will be referre= d to as the Town Roundabout, the roundabout in front of the existing fire station will be referred to as the Shared Roundabout;

= 2.&n= bsp; Due to a Fairpoint delay, bid advertising will move from May 19^th to now be June 19^th – bid opening will be July 12^th;

= 3.&n= bsp; Pelham team conveyed to DOT that the Selectmen reac= hed a decision to remove the existing fire station and have the shared area beh= ind the station to remain grassed;

= 4.&n= bsp; Making the area ‘green’ (grassed) behind the existing fire station would be able to be completed under the project budget;

= 5.&n= bsp; Discussion about eliminating or closing a portion of the driveway behind the existing fire station – Mr. Gaydos and Select= men will consult with the Congregational Church for their opinion;

= 6.&n= bsp; Fire Chief Midgley indicated that he completed his = list of equipment and furnishings that will be relocated to new fire station from the old fire station;

= 7.&n= bsp; The hazardous material investigation has been compl= eted at the old fire station with little to no hazardous material discovered = 211; this allows the demolition estimates to move forward;

= 8.&n= bsp; Selectmen will continue to study the options for plantings and maintenance of the central islands for both roundabouts;

= 9.&n= bsp; Discussion about a draft agreement that describes w= ho will be responsible for what in terms of post-construction maintenance R= 11; still to be reviewed by Town Counsel;

= 10.&= nbsp; Discussion of the overall project schedule – roundabout construction likely to commence late spring 2013 at the earliest= ;

= 11.&= nbsp; next DOT meeting set for Wednesday, May 16, 2012, time tbd.

Mr. Gleason felt the Sele= ctmen should make a decision regarding the road behind the existing station prior= to the next DOT meeting. In his = opinion, the road should be closed because he felt it would be detrimental to the roundabout and a potential safety hazard to leave it open.

Mr. Lynde said they would= have to be careful not to close off access to the property belonging to the church. He said a considerati= on would be to have a pathway from the Village Green to Lyons Park.

Mr. Haverty felt the Sele= ctmen should differentiate access to the church property and a street. He said it was a right-of-way that= they were guaranteeing. In his opi= nion, if the property was going to be used, there didn’t need to be a devel= oped street; the Selectmen should discuss with the church what they would like t= o do with the property. He said if= the land was going to be green, the street should be closed. He believed prior to a decision be= ing made they should have additional conversation with the church.

Mr. McDevitt said they wi= ll add a tentative agenda item for the next meeting. He explained for the public that t= he church owned a parcel of land behind the existing fire station (+/- acre) s= ince the 1800’s; it was an issue to make sure they maintained the right to access.

Mr. Gowan said they were coordinating a Nashua Regional Planning Commission (‘NRPC’) commissioner’s meeting for Wednesday, June 20, 2012 in Pelham. He said the idea was to conduct commissioner’s meetings outside their facility so commissioners could= see what was happening in other communities.&n= bsp; This meeting may be coordinated with a ground breaking ceremony for = the new fire station.

Mr. Gleason was flattered= that the NRPC wanted to meet in Pelham. He said the roundabout project would have a significant impact regionally. He felt it was an excellent opportunity to expose Pelham to NRPC and what they provide to the Townspeople and to showcase Pelham. He highly recommended that the Selectmen encourage and support the N= RPC meeting.

Mr. Gowan discussed the s= tatus of the job search for code compliance position. He said the interview process had = ended and they found a candidate that would appropriately fill the Town’s needs. The candidate is Bradf= ord Coates; he will begin the position once the background check process has be= en completed. Mr. Gowan discusse= d Mr. Coates’ education and experience and was pleased to have him in the position.

Building Permit request by Shayne Gendron of Edward N. Herbert Associates, Inc. for: Brian McGowan, Map 36, Lot 10-16 (Off Birch & Hillcrest Lane)

Mr. Shayne Gendron of Her= bert Associates came forward to discuss the building permit submitted for Map 36= , Lot 10-16. <= /span>He reviewed the tax map showing the location of the lot, which was off Hillcrest Lane. The Hillcrest Lane subdivision was done= in the 1950’s and the road was never continued through. Through research, it was discovere= d that the Town owns the right-of-way through Hillcrest. The applicant has purchased lot 10= -17 and lot 10-16, which is a land locked parcel. Lot 10-16 has a right-of-way (for access) through lot 10-17. The plan is to construct a single = family home on lot 10-16; the applicant still reserves their right to construct a single family home on lot 10-17, but has no intention of doing so at this t= ime to maintain privacy.

Mr. Gendron noted that the driveway had been designed based upon what the Subdivision Regulations dict= ate for the proposed driveway length. He showed a turn off area where two fire trucks could pass each other and an area where a fire truck could turn around. He said they previously were appro= ved for a dredge and fill permit which was acted upon. He showed where a culvert was inst= alled and told the Board that there was currently a gravel driveway. Mr. Gendron stated they had come in front of the Selectmen because the Selectmen were the body to grant a build= ing permit for a lot with no Town road frontage. He said they had brought a release= of liability for the Selectmen to sign off using a generic template that was updated with information they felt was pertinent. He had a brief discussion with Mr. Gaydos when submitting for the meeting, who indicated that Town Counsel wou= ld need to review the document. =

Mr. Gleason reviewed the = RSA 674:41,d and questioned if the Planning Board had looked at the plan and provided the Selectmen with comments. Mr. Gendron said they had not been before the Planning Board; they were advised they wouldn’t need to go in front of them. Mr. Gleason said the RSA implied t= hat the Planning Board needed to come back to the Selectmen with comments. He said the liability form would n= eed to be recorded at the Registry of Deeds and questioned if the applicant intend= ed to file such. Mr. Gendron ans= wered yes and indicated he had the liability document. Mr. Gleason said the only ‘hang-up’ he had was receipt of Planning Board comments prior to any action by the Selectmen. = Mr. McDevitt had the same question. He said it appeared that the Planning Board should review and comment before t= he Selectmen act. Mr. Gowan was = sure the Selectmen were technically correct in the way they viewed the ordinance. He commented that = there were a couple nuances that the Board should understand, first the document appeared to be the boiler plate indemnification that he had Town Counsel put together, and second in a normal course this type of thing wouldn’t g= o to the Planning Board for anything other than to make a recommendation. He noted one thing that was import= ant to the Conservation Commission as being preserved was a 15ft. pedestrian access because there was Town owned land to the north of the parcel being discussed. In the Zoning Board approval of lot 10-16 the easement was continued providing full access for pedestrians from Hillcrest= Lane to the Town owned land.

Mr. Gowan said if it was = the Board’s wish, the applicant could go to the Planning Board, but he couldn’t imagine a scenario where they wouldn’t make a recommendation. He said the proposal showed an 18 acre parcel as having (at the most) two single-family dwellings, one of which had an approval for an accessory dwelling unit. He confirmed that the proposed dri= veway met the Subdivision Regulations.

Mr. McDevitt reviewed the= RSA wording and felt the plan needed review by the Planning Board. He said if the Board chose, they c= ould approve the plan subject to approval by the Planning Board. Mr. Gendron pointed out that the p= lan in front of the Selectmen contained notes exclusive to the right-of-way that r= an across lot 10-17 as well as the 15ft. travel easement for the benefit of the Town conservation land (map/lot 36-10-15) and the <= st1:address w:st=3D"on">Frontier Drive open space. He wouldn’t have a problem g= oing in front of the Planning Board; they had previously been before them for the other lot.

Mr. Gleason asked if ther= e was any requirement or interest in having abutter input. He wanted to know if the plan went= in front of the Planning Board if abutters would be notified for input or if it wasn’t applicable in this case. It was Mr. Gowan’s opinion that abutters did not have to be noticed; there had already been notice to abutters during the Zoning Board process. He recalled there wa= s some abutter interest, but no marked objection.=

Mr. Haverty would rather = have the Planning Board meet prior to the Selectmen taking action. He felt the RSA outlined what the Selectmen should do.

Mr. Lynde recalled that t= he applicant had met with the Selectmen on a similar issue for lot 10-17. He asked for an update of the appr= oval and wanted to know if anything had changed from that approval. Mr. Gendron replied that they had = gone in front of the Planning Board after the Zoning Board approval because they were requesting a dredge and fill with the state, which had been approved.<= span style=3D'mso-spacerun:yes'> He didn’t have an objection = to going back to the Planning Board. Mr. Lynde saw two Zoning Board decisions from the same date for variance requests. He asked how many bedrooms the proposed houses would contain. Mr. Gendron said they first receiv= ed approval for a single-family. He commented that the Special Exception process through the Zoning Board is handled differently than a Variance; if the criteria are met, the Special Exception is granted. For sta= te standards the septic has to be sized as 5.5 bedrooms for loading. Mr. Gowan explained that the Zoning Board couldn’t allow the Special Exception for the in-law to remain on lot 10-17 while they were considering one where the applicant was planning = to build his house on lot 10-16. The Zoning Board asked the applicant to voluntarily relinquish the Special Exception they received for lot 10-17 and in that way the Zoning Board found they could support and voted to allow the Special Exception for lot 10-16.<= span style=3D'mso-spacerun:yes'> Mr. Lynde understood that the appl= icant didn’t have current plans to build on lot 10-17 but assumed the separation of the driveways was sufficient. Mr. Gowan stated there was one dri= veway that would serve both properties.

Mr. Gleason said since the Planning Board was involved with lot 10-17, it should now go back to them a= s a ‘total package’. = He said any decisions may impact what they had previously done. He agreed with Mr. Haverty in that= he would like the Planning Board to review the entire plan prior to the Select= men issuing any approval. He felt= the liability document should be looked at by Town Counsel to the degree that it had been modified. Mr. Gendron noted that the agreement had been drafted wi= th the previous owner of the parcel when it originally came in front of the Boards. He updated the current document to the present owner’s information and to include language f= or the right-of-way. Mr. Gleason= felt Town Counsel should do a quick review of the document to make sure nothing = had been impacted.

Mr. Lynde assumed that th= e Mr. Gowan would ensure that the RSA’s were complied with. Mr. Gowan answe= red yes. He asked if would be nec= essary for the applicant to come back in front of the Selectmen if the Planning Bo= ard provided a favorable letter and Town Counsel ‘blessed’ the agreement language. The Selec= tmen discussed how they would proceed and decided to consider it an administrati= ve matter if the Planning Board provided a favorable letter and Town Counsel reviewed the document. Mr. Go= wan said he would provide the Selectmen with a memo confirming everything had b= een done. Mr. McDevitt said the applicant didn’t need to come back, they would consider the matter as already reviewed by the Selectmen . When it comes back, they will make a motion if appropriate and sign = the document at that time.

Fire Chief James Midgley –

= ; Ambulance Bid Recommendation and Possible Award

= ; Hazard Mitigation Plan

= ; Storm Communication Update

= ; CERT Overview

= ; Disposition of Generator from Current Fire Station – Sr. Center

= ; New Fire Station Update

Fire Chief James Midgley = told the Selectmen shortly after Town meeting they sent out a bid package (for an ambulance) soliciting three companies.&nbs= p; Two companies returned prospective bids (Greenwood Emergency Vehicle= s/Horton and Bulldog Fire Apparatus) that were opened April 6, 2012. Both companies have a good product= , the bottom line came down to numbers: Greenwood Fire $211,877 total bid, minus trade in $6,005 making the ambulance total $205,377, and Bulldog $222,970 t= otal bid, minus trade in $3,500 making the ambulance total $219,470. The Fire Department had a good wor= king relationship and track record with Horton and has made the recommendation to purchase the ambulance through Greenwood with an end price of $205,377.

Mr. Lynde asked for the a= mount contained in the warrant article. Chief Midgley said it was $210,000.= They were looking at a radio package costing approximately $4000. He stated they would not exceed the warrant article. Mr. Gleason = asked if the addition of the radio would make it so the ambulance was fully functional when it came in. C= hief Midgley said they went through the bid carefully and didn’t anticipate any missed items. Mr. Gleason questioned if anything had been salvaged from the old ambulance. Chief Midgley said the old ambulan= ce was completely unusable except for the equipment which would be transferred to = the new ambulance. Mr. Gleason as= ked for the anticipated arrival of the ambulance. Chief Midgley said if the contract= were signed now, they anticipated having the ambulance on the road in October. Mr. Gleason confirmed that the amb= ulance would fit into the new fire station. Chief Midgley answered yes; the company brought a sample to be measu= red to the department’s specifications.&= nbsp; He expected the ambulance to last ten years. He said the ambulance would bring = in over $2million dollars in fees.

MOTION:

(Lynde/Gleason) To award the bid for the new ambulance to Greenwood Emergency Vehicles fo= r a bid price of $211,877 with a reduction of $6,500 based on the trade in va= lue of the old ambulance. The net price will be $205,377.

VOTE:

(4-0-0) The motion carried.

Chief Midgley said over t= he last ten months there has been a collaborative effort made between him, Planning Director Jeff Gowan, Police Chief Joseph Roark, Assessor Sue Snide, Highway Road Agent Don Foss, Homeland Security Management Jack Moorehouse and Nashua Regional Planning Commission Camille Patterson to work on a Hazard Mitigati= on Plan. Once completed, FEMA wo= uld have to accept the plan, sign off on it and send it back to the Selectmen for acceptance, which is where the process currently was. The plan was designed to look at h= azards that have happened in the past and potentially may happen. The plan is broken into different categories, background, goals and objectives, community profile, community hazards (past and potential) and a risk assessment (based on the hazards) s= o a priority list of mitigation c= an be developed. The plan reviews t= he last one hundred years and brings the Town forward into at least five years (sometimes ten to fifteen years). The plan is meant to be reviewed yearly to look at what they’ve accomplis= hed in their hazard makeup and their preparation for future hazards. Chief Midgley said at some point t= hey needed the Selectmen to authorize and sign a decree accepting the document.= It would then be sent back to NRPC and FEMA indicating the Town had one on file. Chief Midgley explained= a lot of grants are tied to hazard mitigation plans; if the Town didn’t have one it wouldn’t be eligible for grants.

MOTION:

(Gleason/Lynde) To approve the FEMA plan as presented.

VOTE:

(3-0-1) The motion carried. Mr. McD= evitt abstained (he had not read the entire plan).

Mr. McDevitt said there h= ave been on going discussions (at Selectmen meetings and off-line) regarding how to communicate information to the public when there are no telephones, cable e= tc.

Chief Midgley said they w= ere looking at LPFM (low powered FM transmitter) and gathering information over= the last year. He said they had solicited assistance from Senator Shaheen’s office who made contact w= ith the FCC and received the same answer the Town received. He said they would be opening up t= he licensing process sometime this summer or before the end of the year. There are available channels that = the Town can use with the FM transmitter. Chief Midgley said they would have a significant antenna over the proposed fire station and would be able to reach 80%-90% of the population = base with the transmitter (FM radio).

Chief Midgley discussed t= he Community Emergency Response Team (‘CERT’) history. He said the Pelham Citizens Corps Council is comprised of himself, Lt. Fisher, Sgt. Therriault and BOS rep. B= ob Haverty is the governing board of CERT.&nb= sp; He said retired Fire Fighter Hannegan desired to remain the Director= of CERT and the Corps. even though he was no longer a paid member of the Town. Also involved is Don Ha= verty the CERT Team Leader who will remain in that position. The CERT and Corps have slowed dow= n in the past years and only activated a couple times. Chief Midgley said Mr. Hannegan ha= d taken the initiative to pick the organization up and move it forward. Mr. Hannegan had numerous meetings= with legislators in Manchester who govern the funding and was actively looking at obtaining grants. He has increased membership and ac= tive participation; there were presently 12-14 participants and were looking to = grow those numbers. In June,= three members of CERT will attend a New Hampshire Responders seminar. May 21-25 Mr. Hannegan will go to = Nashville on a scholarship through CERT to get information and bring it back to the organizations. Anyone interes= ted in joining volunteering for NH Responders should contact www.nhrespo= nds.org then click Pelham to register.

Chief Midgley told the Board that the generator at the old fire station would be = too small for the new fire station. He said they were looking to move the generator to the = Senior Center. He said after speaking with vendor= s it was realized that the generator would have no problems being hooked up and = was a viable option for supplying power to the Senior Center. It was Chief Midgley’s goal = to use the center as a shelter for the elder population.

As the liaison to the Seniors, Mr. Gleason had conversations with the Senior Center Director, Sarah Landry as well as the Council on Aging who were very recept= ive coming to the center. He high= ly endorsed moving the generator and encouraged the Selectmen to do the same.<= span style=3D'mso-spacerun:yes'>

Mr. McDevitt believed he was hearing from the Board that the Chief should go ah= ead, but get back to the Board regarding if there were additional costs and where the money would come from. Al= so questions such as tank location, size etc. should be answered. Mr. Gleason noted that there was p= ropane at the Senior Center in an underground tank. He noted there was still $6000 res= iding in an exaction fee fund that hadn’t been used and approximately $5000= in the extension fund that was authorized.&nb= sp; He felt the generator fell into the ‘improvement’ category. <= /p>

Chief Midgley provided the Selectmen with an update regarding the new fire station. He said a local subcontractors night was held at Sherburne Hall; seventeen firms attended of which fourteen had been vetted and invited to participate through the construction manager’s web base for processing. Construction documents have been distributed to the subcontractor community. Bids are due back May 3, 2012. It will take Eckman approximately = two weeks to review the bids and come back with a guaranteed maximum price. They were currently looking to cle= ar the lot during the last week in May – first week in June. Chief Midgley noted that they cont= inue to review the construction documents; fine tune changes have been made as t= hey progress. He asked the Select= men to think about the type of sign they would like in front of the fire station. =

Mr. McDevitt said the operating assumption that the Board makes is that matters= of importance will be brought forward by either Mr. Gaydos or Chief Midgley.

Parks & Recreation Director Brian Johnson-

Expenditures from Trust Funds: $705.0= 0 from Raymond Park Trust Fund for Water Heater

Replacement at the Raymond park Scout= Lodge

      = ;          Request from Pelham Little League President, Chris Mader

Parks & Recreation Di= rector Brian Johnson came forward to discuss the agenda items. He asked that the Parks & Recr= eation repair fund be reimbursed $705.00 from the Raymond Park Trust Fund; the wat= er heater in the basement of Raymond Park (that flooded the basement) had been fixed.

MOTION:

(Gleason/Lynde) To expend $705.00 from the Raymond Park Public Trust Fund.

VOTE:

(4-0-0) The motion carried.

Mr. McDevitt said the Sel= ectmen had received an e-mail from Pelham Little League President Chris Mader indicating the Pelham Baseball Board would like request that a new field be built. It was noted that give= n the growth of the various sports programs in Town it was mathematically impossi= ble to give them all Muldoon field time simultaneously.

Mr. Johnson said every pr= ogram (not just baseball) felt the difficulties from field constraints. He said they were currently develo= ping a multi-use field at the back of Muldoon that would be ready in the fall 2012= or spring 2013. He spoke to Pelh= am Baseball about possibly putting improvements into Veteran’s field, wh= ich wouldn’t be bad for practices. He commented there were no plans at this time to build new fields, a= nd if money was going to be put into the Veteran’s field it should be a collaborative effort between Pelham Baseball and Parks and Recreation. Mr. Johnson stated the biggest pro= blem with the fields was their non-stop use between March and November giving no resting time, or time for repairs.

In Mr. Lynde’s opin= ion Muldoon was maximized out for fields and felt the best location was Pelham Veteran’s Memorial Park (‘PVMP’) because they may get two fields. Mr. Johnson discussed= the area and noted it would be good for practice, but not a playing field. Mr. Lynde asked about the area bei= ng developed at Muldoon. Mr. Joh= nson described the area and what work would need to be done. Mr. Gleason agreed that Muldoon was maxed. But felt for future planning, any dialog with Little League should touch upon what they wanted = to do with the major league field.

Mr. McDevitt said the nee= d for fields tended to reflect the population of children in a certain age range. He was curious of what= the demographics looked like in the next few years. Mr. Haverty in looking at populati= on estimates the assumption could be that every child would go to school, but not every = child would require field usage making a number harder to come by. He would like to see enrollments r= ates for the programs to understand what the usage is. Mr. Lynde believed part of the iss= ue wasn’t the enrollment, but rather the increase in programs. Mr. Johnson discussed some of the programs being offered and believed with the offer of more programs there w= ere more children becoming involved. Mr. McDevitt said he would like to see some data. He said there was some indication = that the number of children in Town would not be growing at the pace it had been.

Mr. McDevitt asked what t= he next steps would be. Mr. Johnson s= aid he would speak to baseball and get ideas for what the cost would be to develop= the field (at PVMP) and how to come up with the money to do so. Mr. Haverty recalled the fieldR= 17;s condition and believed there would be significant work. Mr. McDevitt said the Selectmen ap= peared to be giving Mr. Johnson a ‘slightly green light’, but would li= ke him to come back to the Board with additional information for what’s = next, overall cost (avoiding tax payer expense) etc. Mr. Haverty believed baseball want= ed to know if they would be given exclusive rights to the field. Mr. Johnson said he told baseball = if they were to develop the field, he had no problem with them having ‘f= irst right’ in the spring (April – June). He noted if the field was develope= d, it would be expected that other programs could use that field in the fall. Use of the field would not affect = summer camp.

OTHER BUSINESS

Dog park – Continued Discussion

Mr. McDevitt said he was contacted by Sally-Ann Major who requested making a presentation regarding a dog park. He said the Board s= hould have the opportunity to decide how they wanted to proceed. He noted based on the e-mail from = Ms. Major the location being considered for a dog park was Pelham Veteran’= ;s Memorial Park (‘PVMP’).

Mr. Gleason said his first inquiry would be maintenance and who would be responsible. He said any location would necessi= tate providing service (such as plowing) and incurring unknown costs. At this time, his tendency was to = step back and not do anything until he had a better handle on the location, who would be responsible for maintenance/upkeep and what the Town’s anticipated liability would be.

Mr. McDevitt said the pie= ce of new information received was the effort to locate a dog park in Hudson (formerly Benson’s Animal Park). He said it was a Pelham resident t= hat was involved in the Hudson dog park. Mr. Haverty wished = there were more people in Town that took an active role in making the community a better place providing resources and recreation areas. He said the (dog park) group shoul= d be commended for trying to do something. He shared Mr. Gleason’s concerns and questioned if the opinion= s of the Highway Agent, Fire Chief and Police Chief should be obtained. He said he wanted to support the p= ark, but also wanted to know the liabilities and how it would be funded and maintained.

Mr. McDevitt told the gro= up if they wanted to come in at another meeting with a brief presentation it shou= ld be targeted at answering questions regarding maintenance costs, location and liability issues. He suggeste= d they review the rules and regulations of the dog park in <= st1:place w:st=3D"on">Hudson.

Dog Park Committee member Sally-Ann Major, Dutton Ro= ad came forward to offer information. She said the road going into PVMP was plowed and wouldn’t be an additional cost. The section = from the road going into the parking lot was not plowed, however Ms. Major was s= ure that they could find someone to do so.&nbs= p; She commented that there were 1444 registered dogs in Town; if 200 of those owners paid $20 (annual fee for use of the dog park) it would total $= 4000. She was sure that more than that n= umber would be willing to pay. She = said that money would be under the Parks and Recreation budget in the event they needed maintenance. She spoke= about the positive feedback received and how people were willing to help create a= nd maintain the dog park.

Mr. McDevitt suggested th= e group speak with Mr. Johnson about PVMP. He asked Mr. Johnson to speak with the Road Agent regarding the road. He said Ms. Major could= come back in two weeks to meet with the Selectmen.

Results/Comments Regarding April 12, 2012 Joint Meeting of the BOS, Bud Com & School Board<= /o:p>

Mr. McDevitt believed the Selectmen had previously commented publicly regarding the meeting. He said he would pursue setting a meeting up in the fall. Mr. H= averty said during the meeting they spoke about the importance of the School and Selectmen liaisons meeting regularly to ensure there was steady progress on important topics. Being the Selectmen representative to the School, Mr. Haverty would like the Selectme= n to provide him with a list of items he should take to the School Board for discussion.

Water Supply Regulations

In May 2000 the Board of Selectmen acting as the Board of Health adopted several (fairly extensive) water supply regulations and a well ordinance. Mr. McDevitt said this was done be= cause there were significant problems with water supply (in a few neighborhoods) = and polluted wells (in newly built homes).&nbs= p; He asked the Board’s permission to refer the regulation and ordinance to Planning Director Jeff Gowan for review and return comment.   There was no objection to sen= ding the documents to Mr. Gowan for review and comment.

CIP Update

Mr. McDevitt stated that = the Planning Board appointed a CIP committee.&= nbsp; If people would like to step forward to volunteer for membership they were encouraged to contact the Planning Department.

2012 Highway Pavement & Crack-sealing Bid Recommendations and Award

Mr. McDevitt indicated a = memo had been received from Highway Road Agent Don Foss recommending the paving bid = be awarded to PJ Keating Co of Fi= tchburg, MA. And the crack sealing bids be awar= ded to Crack Sealing Inc. of Taunton<= /st1:City>, MA.   Both companies provided the = low bid and had done work for the Town in the past.

MOTION:

(Lynde/Gleason) To award the pavi= ng bid to PJ Keating Co of Fitchbur= g, MA. And award the crack sea= ling bid to Crack Sealing Inc. of Taunton, MA

VOTE:

(4-0-0) The mo= tion carried.

June BOS Meeting Schedule Discussion

The Selectmen will not co= nduct a meeting June 19,= 2012; that date will be rescheduled.

Lease Approval

Mr. McDevitt noted that t= he Selectmen had an administrative item regarding a lease approval for a back hoe. They received a resoluti= on of the governing body. He assume= d the Selectmen had read the resolution and would like to see a motion approving = the resolution and incorporating such in the minutes.

MOTION:

(Gleason/Lynde) To incorporate in the meeting minutes, the resolution of the governing bo= dy as included in the Board of Selectmen packages for the lease of the back = hoe. Mr. Gaydos is named as having the authority to execute the agreement.

VOTE:

(4-0-0) The motion carried.

It was noted that JCB was= the Lessor; the first year’s payment will be $31,325.08 (36 month lease).=

March 2012 Revenue & Expense Review

The Selectmen were in rec= eipt of the March, 2012 revenue and expense review. Mr. McDevitt said if Selectmen had questions they could be conveyed to Mr. Gaydos and discussed at a later time.

Mr. Gleason noted that th= e legal expenses and insurance were a little high and should be watched.

It was noted that Mr. Gay= dos would compile information regarding the fire station defining the expenses = to date.

TOWN ADMINISTRATOR / SELECTMEN’S RE= PORTS

Mr. Haverty had no report= .

Mr. Lynde informed he att= ended a Municipal Advocacy Committee meeting and commented there were a couple bill= s of note, one being a bill not allowing people to enter private property for any purpose. The bill had been to= ned back so it only applied to people from a conservation commission trying to = get information on flood plains etc. The bill had not received final approval.

Mr. Gleason said Senior Center found it necessary to repeatedly repair the doors at the back of the addition. He told the Senior = Center Director to note the correction so the warranty wasn’t voided. He said there was a sagging of the= main floor in the seating area of the old building. He asked Mr. Gaydos to have a stru= ctural engineer review it.

Mr. McDevitt had no repor= t.

REQUEST FOR NON-PUBLIC SESSION

MOTION:

(Gleason/Lynde) Request for a non-public session per RSA 91-A:3,II, a & d (Personnel; Consideration of acquisition, sale or lease of property)

ROLL CALL:

Mr. McDevitt-Y= es; Mr. Gleason-Yes; Mr. Lynde-Yes; Mr. Robert Haverty-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 9:05 pm.

The Board return= ed to public session at approximately 9:35 pm.

MOTION:

(Haverty/Gleason) To seal the min= utes of the non-public session indefinitely.

VOTE:

(4-0-0) The mo= tion carried.

ADJOURNMENT

MOTION:

(Haverty/Gleason) To adjourn the meeting.

VOTE:

(4-0-0) The motion carried.

The meeting was adjourned at approximately = 9:35 pm.

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

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

            =             &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= ; 8/9/11 R= 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 condition it was in)(8/30 – ongoing – a list of all equipm= ent, 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 focus in the internal vehicle replaceme= nt plan (Planning Board to discuss at their next meeting if they will move forward); 1/17/12 – Mr. Gaydos said a packet had been provided to the Budget Committee, Mr. McDevitt said the Planning Board had made an announcement seeking volunteers. He suggested including the CIP in the list of elected/appointme= nt positions that would be available in March.

March 29, 2011=

Mr. Gaydos to put timeline together for Castle 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 moving forw= ard, 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 quickly)(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); 1/17/12 – still in court.

May 10, 2011=

Mr. McDevitt researching appropriate sign= age for Raymond Park (where parcels are located and what names were allowed per deeds) (= 6/7/11 Mr. McDevitt said research was completed and would like to discuss with the Board after the meeting of 6/28/11)(7/5/11 – Mr. McDevitt said a discussion s= hould be scheduled regarding the names at Raymond Park. Information is avail= able to educate the Selectmen. A discussion will be scheduled for July 19, 2011)(8/2/11 Mr. McDevitt said the Board had received= a draft of the naming requirements of the park, which raised additional questions. The Selectmen= will schedule a discussion at a later time)(8/9/11 – there is a quest= ion whether there could be signs that stay up at Raymond Park – this= is in the process of being addressed)(8//30/11 – agenda item schedu= led) / 10/25/11 – research still being conducted and signs to be desi= gned; 1/17/12 – ongoing project – an Eagle Scout project will po= ssibly be brought forward to put up kiosk.&n= bsp;

May 24,= 2011

Mr. Gay= dos 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 continu= e to follow up. They previous= ly 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 t= he plans from several years ago of what was intended to be built in the e= vent they were to build something behind the fire station – informati= on 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; 1/17/12 – M= r. Gaydos is working with Mr. Currier regarding the procedure to move ahe= ad if the fire station doesn’t pass.

July = 5, 2011

Mr. Gay= dos to request from Comcast something in writing indicating there will be 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 on= ce 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; 1/17/12 follow up needed for written agreement.

Augus= t 2, 2011

Obtain = status regarding Young’s Crossing and the flashing sign on Route 38/Gage Hill Road/Ledge Roa= d 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 expensi= ve alternatives. The Chief = has requested a meeting with the DOT district for Pelham)(8/30/11 – corres= pondence 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.; 1/17/12 – still working with intersection (with state) in conjunction with Sherburne Road.

Augus= t 16, 2011

Mr. Gay= dos 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 hoped 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 sufficient ‘teeth’ – an agenda item will be scheduled for Selectmen discussion; 1/17/12 – at a standstill between what the state is willing to do and what the Town would like t= hem to do. Mr. Gaydos felt t= he flood study would aid in an outcome.

September 27, 2011

Mr. Gaydos to create policy for acquiring property due to non-payment of taxes. 1/17/12 an agenda item will be scheduled for the policy adoption.

Febru= ary 14, 2012

Schedule Hinds Lane conservation land status follow up meeting for two months – April, 2012

March= 20, 2012

Mr. Gaydos to confirm that the Police Grant has b= een executed.

April 1= 0, 2012

Install a street sign at = Lox Lane (private way off Hinds Lane);

Mr. Gaydos to contact people in Londonderry regarding the flood study and work with Mr. Gowan to coordinate.

April= 24, 2012

Addition to Department of Transportation list of questions – if the 6-8 parking spaces on Main Street will be replaced (for the Congregational Church);

The Selectmen will compile a list of important it= ems for Mr. Haverty (BOS School Rep.) to discuss with School Board;

Planning Director to review water supply regulati= on and well ordinance documents and return comments to the Selectmen;