SEL20120626

APPROVED

TOWN OF PELHAM

BOARD OF SE= LECTMEN MEETING

MINUTES

June 26, 2012

APPROVED &#= 8211; July 17, 2012 <= /p>

CALL TO ORDER – approximately 6:30pm

PRESENT:

ABSENT:

Mr. William McDevitt, M= r. Edmund Gleason, Mr. Robert Haverty, Mr. Doug Viger,

Mr. Hal Lynde, Town Administrator Tom Gaydos

None

PLEDGE OF ALLEGIANCE

MINUTES REVIEW

June 5, = 2012

MOTION:

(Gleason/Haverty) To approve the = June 5, 2012 meeting minutes as amended.

VOTE:

(4-0-1) The motion carried. Mr. Vig= er abstained.

ANNOUNCEMENTS

Tennessee Gas Pipeline Company Vegetation Managem= ent Program Beginning August 13, 2012 Detailed information regarding location, = etc. can be found on our website at www= .pelhamweb.com/selectmen under “Referenced Documents at Board of Selectmen Meetings”

Mr. McDevitt stated an announcement had been received from the Tennessee Gas Pipeline that advised= the Tennessee Gas Pipeline company had scheduled a vegetation and management program (which included use of herbicides) for the Concord lateral. It was anticipated that the herbic= ide would commence on, or about, August 13, 2012. For que= stions and further information contact Stephen Morowski (860)763-6012.

APPOINTMENT(S)

Council on Aging Appointments – Joanne Cornell and Catheri= ne Somma

Mr. Gleason stated at the= recent Council on Aging meeting he was told there were two volunteers who had been ratified by the Council on Aging; Joanne Cornell and Catherine Somma. The Council on Aging recommended t= hat the Selectmen make the appointment of the two volunteers on their behalf. This appointment will increase the= ir membership to twelve members. Mr. Gleason made a motion to appoint the volunteers. Mr. Haverty seconded the motion. He asked the Selectmen if they wan= ted to offer to interview the volunteers as new candidates, or if they wanted to a= ct on the Council’s recommendation and appoint them. Mr. Gleason replied typically the Council appointed the candidates and the Selectmen ratified the decision. He said the Selectmen typically didn’t bring the candidates for the Council on Aging in to speak with them. The Selectmen went with= the recommendation. He noted that= the Council had a separate set of By-Laws and were basically independent.

MOTION:

(Gleason/Haverty) To approve the appointment of Joanne Cornell and Catherine Somma to the Council on Aging.

VOTE:

(5-0-0) The motion carried.

PUBLIC HEARING: 2n= d of Two (2) Hearings to Accept Property Donation from Brox Industries of Approximately 10 Acres Located at Tax Map 37, Lot 10-7. This property is being acquired fo= r use as conservation land.

Mr. McDevitt commented th= at the Board had a discussion at a previous meeting regarding the donation. At that time Conservation Chairman= Paul Gagnon made a brief presentation.

The public hearing was op= ened for comments. No one came forward to comment.&= nbsp;

Mr. Gleason believed the Selectmen wanted to determine what the tax assessment was on the property a= nd have legal input relative to the acquisition. Mr. Gaydos said it was the Selectmen’s choice on the acquisition. He briefly left the meeting to spe= ak to the Assessor regarding the taxes. Mr. Gleason wanted to know the property’s use and tax base.

Mr. McDevitt understood f= rom Mr. Gagnon’s description that the parcel was essentially unbuildable wetlands. He said if that was= the case, he was unsure if there was any value to accepting a donation when it would remain unbuildable wetlands. <= /span>Mr. Lynde said if that was the case, it wouldn’t provide any tax revenue,= but by the Town taking ownership they were providing another level of protectio= n on the land.

Mr. Gaydos returned from = the Assessor’s office and told the Selectmen that the land was not in cur= rent use and the tax bill is $482 per year.&nbs= p; Mr. Gleason said the exposure to the Town was losing approximately $= 400 in revenue. Mr. Lynde believed since it would be taken for conservation land the Conservation Commission w= ould help oversee the land. Mr. Gl= eason recalled the Conservation Commission being interested in the land because it abutted Town property. Mr. Mc= Devitt had the same recollection from the presentation; the land abutted existing property.

MOTION:

(Lynde/Gleason) To acquire the property identified on tax map 37 L= ot 10-7 currently owned by Brox Industries for use as conservation land.

VOTE:

(4-1-0) The mot= ion carried. Mr. McDevitt voted no.

OPEN FORUM

None.

APPOINTMENT(S) CONTINUED

Junkyard License Renewals:

Jean-Guy’s Used Cars & Parts – 180 Marsh Road, Pelh= am, NH 03076 / License holder: Jean-Guy Bergeron

Mr. Gaydos told the Selec= tmen that the applications were self-explanatory; each had a sign-off sheet for = Code Enforcement, Fire and Health Officers.&nbs= p;

Mr. McDevitt explained fo= r the public that the Town did an extensive review/sign-off process and the appointments were at the end of that process.

MOTION:

(Gleason/Lynde) To approve the application as submitted.=

VOTE:

(5-0-0) The motion carried.

Coombs Used Auto Parts – 1183 Mammoth Road, Pelham NH 03076 / License holder: Norman Coombs & Sons

Mr. Gaydos noted that the Planning Department/Code Enforcement had checked off their form; the Fire Department found no violations at the time of the inspection June 21, 2012.<= span style=3D'mso-spacerun:yes'> The Health Officer indicated seeing great improvements.

MOTION:

(Gleason/Lynde) To approve the application for Coombs Used Auto Parts.

VOTE:

(5-0-0) The motion carried.

Jack Mansur’s Auto, LLC – 76 Dutton Road, Pelham NH 030= 76 – License holder: Jack Mansur

The Board had no question= s or comments regarding the application.

MOTION:

(Gleason/Lynde) To approve the application for Jack Mansur’s Auto.

VOTE:

(5-0-0) The motion carried.

Mr. Viger commented that = the Board moved through the applications quickly because of years of hard work = by the junk yard owners to come into compliance with the Green Yards Program a= nd recycling etc. It has made the Selectmen’s job easy over the years.= He appreciated the hard work by the companies.

Mr. Gaydos thanked Mr. Bergeron. He said when Mr. Be= rgeron was on the Board of Selectmen they had made many trips to Concord at the time the State was begin= ning the Green Yards Program. He s= aid that was what made the process easier.&nbs= p; He said it was not just Pelham, but every town in the State now had guidelines that could be applied.

Mr. Lynde noted that the Selectmen’s packets contained thirty-four pages of backup information showing the inspection sign-offs, and what the companies had done throughout the application process. He w= as pleased with the outcome of that process over the last couple years.

OTHER BUSINESS

Roundabout Update – Pelham Common Highway & Parking

Mr. McDevitt told the Sel= ectmen that he and Mr. Lynde met with the Trustees of the Congregational Church to keep them informed with what was going on because they were the property ow= ner most directly affected by the roundabouts.= He said they had a long conversation on the proposal Planning Direct= or Jeff Gowan had made regarding parking.&nbs= p; There was concern about keeping Pelham common highway open as a Town= road and if parking was to remain as shown, the crosswalk needed to be straighte= ned out. Mr. McDevitt read aloud a memo, dated June= 20, 2012, from the Highway Safety Committee (Police and Fire Chiefs, Highway Road Age= nt, Planning Director and Town Administrator) relative to the proposed parking = lot and common highway behind the existing fire station. The recommendation was for the pro= posed access drive (road behind existing fire station) to be left open so emergen= cy responders could avoid the roundabout in the event there was an accident or other obstruction within it. = The access drive should be made a one-way from Marsh Road with a right turn only a= llowed at the Nashua Road end. The radius of the curbin= g and striping on Nashua Road end should be done to easily allow a right hand turn but to virtually preve= nt any left hand turns for regular traffic, while allowing a fire truck to mak= e a left, if required. Additional= ly the committee feels appropriate signage should be installed indicating ‘O= ne Way’ and ‘No Left Turn’.= Finally, the committee feels the parking spaces should be diagonal (typical for one way roads). The comparative diagram should be shown to the= New Hampshire Department of Transportation.&nb= sp;

Mr. McDevitt said a few m= eetings ago the Selectmen had taken the position to tell the Department of Transportation, for budgetary purposes, to rip up the road that was there.<= span style=3D'mso-spacerun:yes'> A photographic depiction of the mo= st recent proposal was posted for the public to view. Mr. McDevitt noted that the Depart= ment of Transportation would pay for the work through the Federal ear marked fun= ds; there would be no additional cost to the taxpayers.

Mr. Lynde didn’t li= ke the proposed plan and felt it took green space away. He believed parking should be put = on the Lawrence property so it would be close to the church and Town facilities, while still being o= ut of the way. He had a hard time envisioning what was being gained by having a right turn only (onto Nashua Road= ).

Mr. Viger recalled during= the last conversation of the Selectmen they discussed maintaining access to the church property through some means and questioned how the parking spaces we= re added and how it became the Town’s responsibility. He believed the church had been compensated for losing parking spaces by the state. Mr. McDevitt replied they didnR= 17;t do the plan with only the church in mind.&= nbsp; He said if it was only the church’s problem he wouldn’t support it. He believed that = the Town needed the parking spots for times when activities were occurring in t= he park and municipal building. = In his opinion, the church trustees were neutral as to whether parking was added or not. He said they liked the i= dea of having the walkway if parking was added; however, the walkway was also not = for them.

Mr. Gleason said the road= , being a Town road, would need to be maintained.&= nbsp; He said there had been a question of whether the road would be block= ed off and the Fire Chief was adamant about wanting access in the event of an emergency; and the Police Chief was probably with him. He said the thinking was since they would have the road they should keep it open and functional for the Police = and Fire Department, but discourage residents from attempting to take a left on= to Nashua Road= . It would not preclude the Fire Department from having an egress to the left onto <= st1:address w:st=3D"on">Nashua Road. Mr. Gleason said in using this app= roach, it gave the church what they needed, which was an access road abutting their property. He said the Highway Safety Committee put a lot of thought into the plan, which he felt was a vi= able solution for the roundabout support.

The only benefit Mr. Lynd= e saw for the one way road was if the emergency vehicles had to get up Nashua Road, because otherwise they would travel through the roundabout. Mr. Gleason said the concern wasn’t for normal travel, but in the event an emergency occurred with= in the roundabout that blocked access the fire apparatus had to be able to get out.

It was noted that the sta= te reviewed the proposed modification, who in turn came back with an engineeri= ng version of such (received June 25, 2012). Mr. Gl= eason reviewed the plan. Mr. Lynde didn’t like the location of the parking and felt it should be on the = Lawrence property= . He said the road could stay in its current location and make the necessary radii at that location.

Mr. Haverty said the need= s were pretty clearly defined with the offering of a separate path around a catastrophe, but in practice he believed the road would be used as an auxil= iary outlet when the traffic queue into the roundabout was backed up. He felt the road would become a th= rough way and more congested than what is originally planned for. He felt the mitigation aspect was minimal. Mr. Haverty was in f= avor of containing the parking into a consolidated dense area, perhaps on the Lawrence property= and not having a through way onto the other road.&= nbsp; He said the purpose of putting the roundabout in was to have a controlled traffic solution and felt by introducing the road may not get th= em there.

Mr. Gleason said the orig= inal intention was to block the road completely, but the Highway Safety Committee indicated the proposed plan as being the best approach and solution given t= he input received. Their concern= was something happening in one of the roundabouts that precluded them from gett= ing onto Windham Road or Nashua Road.

Mr. Gaydos said the other= concern of the Highway Safety Committee was the proximity of the exit onto Nashua Road= ; the state felt right turns (back to the roundabout) would work fine, and sugges= ted not allowing left turns onto Nashua Road. <= /span>He said they wanted to discourage using the access as a cut through.

Mr. Lynde believed the pr= evious concept would still work. That concept was to leave the area unobstructed (either paved or grass) so emerg= ency vehicles could use the area if they chose to. He thought there should be a walkw= ay from any abutting parking area into the center of Town. He liked the idea of having access= from the Lawrence property into the school property where parking is presently located; access would still need to be maintained to the church property with a surface that could be driven on if needed.

Mr. Haverty said the prob= lem with not having a defined path, or leaving the area grassed was the access being= a seasonal emergency route. Dur= ing the snow season, the Highway Department wouldn’t plow a lawn area mak= ing it unusable in the winter. He= said if they were going to try to use the area in some form of a usable driveway= it would need to be gravel, paved or something that could be plowed.

Mr. McDevitt said the unk= nown was that the state agreed to pay for repaving the road and paving the parking spots. It was unknown if the = state would be willing to pay for parking spots on the Lawrence property. He suggested the compromise of eli= minating the parking spots as they were shown on the drawing and on the Department of Transportation’s rendering and leaving the road as it was. He said the road could be properly marked with signs. He said th= ey should check with the Department of Transportation to see if they would be willing to pay for doing something (regarding parking) on the Lawrence property. He noted the Lawrence property wasn’t clear of= brush or trees and wasn’t paved. He said one of the reasons the state agreed to accommodate the Town when they = made the inquiry was because the state had budgeted for a separate ambulance barn (or something similar behind the existing fire station) in the event the vo= ters decided not to support the removal of the existing station.

Mr. Haverty commented tha= t a roadway and parking spaces were almost a ‘package deal’ to him.= His biggest issue with the proposa= l was the outlet onto Nashua Roa= d for anything other than emergency traffic.= He said if the Board was comfortable they could get around that issue with traffic controls, he would be happy with the proposal.

Mr. Viger discussed the m= ap being reviewed and suggested a compromise to eliminate half of the parking near Nashua Road and make the area between the handicap spot to the walk on Nash= ua Road emergency access only; and fill in the spots on the Lawrence property. This is the area currently behind the existing station.&nbs= p;

Mr. Lynde said he would a= sk the church to put parking on their property.&n= bsp; He would like to maintain a larger green area in the Town center.

Mr. Gleason was concerned= that the Department of Transportation was due to go out to bid in a couple weeks= and in redesigning the plan it may impact the bid. He didn’t see a disadvantage= to having the parking. He believ= ed the Department of Transportation would be receptive to installing a sign indica= ting ‘no exit – emergency vehicles only’. He said the advantage would be to provide additional parking and immediate/fast egress across the center of T= own. He was reluctant to having the Hig= hway Safety Committee put thought into a plan and provide a recommendation only = to have the Selectmen change it.   Mr. Viger agreed with Mr. Gle= ason and felt the Board should move forward.&nb= sp; Mr. Lynde said he was in favor of more green area and place more par= king on the west side. Mr. Gaydos questioned if they would need the church’s permission.   Mr. Lynde answered yes. The members of the Church Trustees (present in the audience) were not in a position at the present time to gra= nt permission for the Town to park on church property. It was believed that formal approv= al of the Trustees for parking on church land could take two weeks, which would impact the DOT bid process. M= r. Lynde commented that green area in the center was a premium and they should push for as much as they could get while accommodating all the other needs. He believed it could be done.

The Selectmen briefly con= tinued their discussion. Mr. Haverty= made a motion to proceed with the plan so it could be put out to bid; the plan w= ould properly mark the roadway to avoid through traffic during time of peak congestion. For clarity the m= otion was to build the plan as designed with the roadway through and parking spaces as located.

MOTION:

(Haverty/Gleason) To proceed with= the plan as designed with the roadway through and parking spaces as located on the plan.

VOTE:

(3-2-0) The motion carried.= Mr. Viger and Mr. Lynde voted no= .

There was a discussion ab= out the vote taken. Mr. Gleason offer= ed to inquire of the DOT at the next meeting whether a modification of the plan to accommodate parking on the Law= rence property might be feasible, in the event the DOT was amenable to such a cha= nge. Mr. McDevitt said if a majority of= the Board voted to reconsider, the Selectmen could then reconsider their motion= . Mr. Lynde asked that the additional greenery be added between the parking area and the lawn. During a previous discussion Plann= ing Director Jeff Gowan had drawn greenery in on a plan reviewed by the Selectm= en.

Highway Safety Committee Recommendations:

Mr. McDevitt read aloud a= memo from the Highway Safety Committee indicating they met regarding several top= ics and provided recommendations for each.&nbs= p;

No Outlet – Dead End Sign on Susan Drive – consensu= s by the Highway Safety Committee to place a sign in the location of Mr. Foss= 217; preference. Mr. Lynde made a = motion to place a ‘no outlet’ sign at the entrance to Susan Drive at the intersection at = Mammoth Road. He preferred this to a ‘dead end’ sign.

MOTION:

(Lynde/Haverty) To place a ‘= ;No Outlet’ sign at the entrance to Susan Drive at the intersection at = Mammoth Road.

VOTE:

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

Mr. Gaydos will ensure th= at the Highway Road Agent knows that the Selectmen specified a ‘No Outlet= 217; sign.

Voluntary Address change for new home located on Old County Road – to voluntarily change the address for a new home located at Map 33 Lot 2-55-4 = from 20 Old County Road to 16 Old County Road.

MOTION:

(Gleason/Haverty) To allow the voluntary change of location on Old County Road from 20 to 16 Old County Road.

VOTE:

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

Need for Road Name & Sign for the New Muldoon Access Drive – the Highway Safety Committee was unanimous with the opinion that the drive need= ed a name and corresponding road sign. The reason was because the new access dri= ve branched off once it entered the park.&nbs= p; A further memo was received indicating that the Highway Safety Commi= ttee met and reached a unanimous consensus that the proposed new access road nam= e of Coaches Way<= /st1:Street> was acceptable and meets the E911 and Board of Selectmen Road Naming Guidelines. The Highway Safety Committee also discussed another possible name of <= st1:address w:st=3D"on">Volunteer Drive. The committee would be happy to pr= ovide other candidate names should any come forward.

Mr. McDevitt said there w= as a suggestion that the road be named after the late Tony Luciano for the volun= teer work that he did. The Selectm= en were sensitive to the request and respected what Mr. Luciano had done. The opinion was there were many folks that contribute significant hours to youth sports activities at Muld= oon Park and who went u= nnamed or recognized. It was felt th= ey should use a name that respected all the coaches and volunteers.

Mr. Lynde said at a past = meeting he had suggested naming the road something similar to Coaches Way and erecting a plaque w= ith the names of the volunteers.   <= /span>

MOTION:

(Lynde/Gleason) To name the new <= st1:Street w:st=3D"on">Muldoon Access Drive - ‘Coaches Way’.

VOTE:

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

Proposed renaming of Two Roads for Roundabout Project – A memo was received from the Highway Safety Committee indicating that they unanimously supported changing the current road Acorn Lane to Old Bridge Street in the post-round= about configuration. They also unan= imously supported changing the section of road at Old Bridge Street<= /st1:address> that extends from Woodbury to now be named Blacksmith Road or another name that complies with the Board of Selectmen and E911 guidelines. This change will impact four resid= ences; one of which should have a Woodbury address due to the driveway access being from Woodbury. These proposed changes will require advertised public hearings by the Board of Selectmen u= nless the impacted residences and one business are willing to sign voluntary addr= ess change forms.

Mr. Gleason asked that the Highway Safety Committee consider the road name ‘Butler’, either Butler Road, or Butler Monument Road since it went = into the center of Town.

Planning B= oard Recommendation re: Liability Agreement with Brian McGowan –      Property Off of <= st1:Street w:st=3D"on">Hillcrest Lane – Map 36 Lot 10 -16=

Mr. McDevitt told the Sel= ectmen that a letter was received from Planning Board Chairman Peter McNamara informing that the parcel had received zoning relief from lack of frontage = on a Town Road. On June 12, 2012 the Planning Board reach= ed consensus to recommend to the Board of Selectmen that they enter into an agreement with Brian McGowan indemnifying the Town against liability relate= d to the private driveway providing access to the subject parcel.

MOTION:

(Lynde/Gleason= ) To enter into a limited liability agreement with Brian McGowan for a lot off Hillcrest Lane identified as Map 36 Lot 10-16.

VOTE:

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

Fire Station Update : Project Schedule and B= id Awards to Local Contractors

Mr. Gaydos stated that th= e fire station ground breaking had occurred. The site was now being cleared and a lot of progress was underway. The next meeting regarding the fir= e station was scheduled for July 3, 2012 to discuss several items that had come up. A draft report/spreadsheet has been completed and will be reviewed prior to being submitted to the Selectmen; t= he report shows the total project breakdown.&= nbsp;

Mr. Gaydos said there wer= e four local vendors that were successful bidders. He discussed the local companies a= nd expressed his pleasure that the project was able to enlist the local bidders.

Flood Study RFP

Mr. McDevitt said in Marc= h, 2012 the voters approved $25,000 for a flood study primarily aimed at dealing wi= th the causes, facts and possible mitigation of flooding in the Beaver Brook W= ater Shed. The Selectmen have had = the opportunity to review several drafts of the RFP. Mr. McDevitt said there was a refe= rence in the RFP to the budgeted amount of $25,000; the question was to leave the number in or take it out. Mr.= Lynde felt in fairness to all bidders the exact verbiage of the approved warrant article should be included in the RFP so no one was at a disadvantage. Mr. Viger said there were advantag= es and disadvantages to knowing how much money could be spent. He said the Town hadn’t list= ed the amount of money they had to spend for municipal projects and felt they shou= ld leave the amount of money off and see where it took them.

Mr. Gaydos said he would = like to see what the proposals come in at, not necessarily the dollar number, but w= hat seemed most practical and if a phased approach was needed. He didn’t want to eliminate someone who might have some great ideas.&n= bsp;

Mr. Haverty recommended n= ot including the dollar value in the RFP.&nbs= p; He also felt the RFP should request bidders to respond in one package with their cover letter, project completion timeframe, subcontractor descriptions and their general proposal.&n= bsp; In a separate sealed package they should include their cost. Mr. Haverty said this would provid= e the opportunity to review the proposals separate from costs to determine the be= st proposal and after which open the sealed envelopes to see how much they will cost. This will allow a decis= ion process separate from being done based on price and possibly find out what a good study would be. He said = if they never get down to the $25,000 mark perhaps next year they put out a different type of proposal with a more realistic figure. Mr. Lynde liked Mr. Haverty’s idea. He said they should rec= ognize that the focus needed to be on identifying the cause of the flooding.

Mr. McDevitt wanted to kn= ow the RFP would be advertised and distributed to vendors. Mr. Gaydos said Mr. Gowan wanted to select in advance who the proposals would be given to. Mr. Gaydos suggested contacting the local papers and doing a press release.&nb= sp;

Mr. Lynde wanted to know = if the Army Corps of Engineers had a website to post on that people would be likel= y to look at. Mr. Viger noted some websites that jobs were listed on and checked on a regular basis.

Mr. McDevitt asked Mr. Ga= ydos to inform the Selectmen at their next meeting what approach they decided to take.

MOTION:

(Lynde/Gleason) To authorize Mr. = Gaydos and Planning Director Jeff Gowan to move forward with the RFP including t= he changes suggested (above) by Mr. Haverty.

VOTE:

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

SELECTMEN’S / TOWN ADMINISTRATOR REPORTS

Mr. Gleason told the Sele= ctmen the Nashua Regional Planning Commission held a very successful meeting at Sherburne Hall. The commissio= ners were very impressed with Pelham’s facilities and approach to things g= oing on in Town. During the meeting Planning Director Jeff Gowan took some time to explain the innovative techniques the Town was using in expediting major programs (i.e. Enterprise Bank, Southern New Hampshire Medical Center) and how the Boards were consolidated into a group. Th= e Nashua representa= tive was impressed and wanted to know how to implement the process. Mr. Gleason gave accolades to Jim Greenwood and the camera staff, and Marie Maruca who set up the meet and gr= eet session. He said one of the i= tems discussed was the fees assigned to the various member communities; next year Pelham’s fees will go up by $19 (for a total of $10,477).

Mr. Gleason took an initi= ative to follow up on Liberty Utilities about natural gas to find out the status. He was told that the natural gas p= ortion would be approved by the Public Utilities Commission in July, after which Liberty Utilities will be available to the Town. He asked for the Board’s app= roval to pursue it and find out if they were still expressing an interest in brin= ging natural gas into Pelham. Ther= e were no objections by the Selectmen.

Mr. Lynde reported that t= he first concert on the Village Green would be held June 27, 2012 at 6pm (weather permitting). He then stated Pelham didn’t prevail in the redistricting suit. He said the Supreme Court saw no problem in an eleven person distric= t, which essentially assigns most of the persons to Hudson. He said this was an oddity because the next largest district in the state had five members. Mr. L= ynde said he attended the dedication of the Cutter-Spalding Conservation area of= f Spaulding Hill Road. He said it was a 170 acre area tha= t would add more open space to the Town’s repertoire.

Mr. Viger stated that the= Town Celebration/fire works event will be held July 3, 2012. He commented on the fire station g= round breaking and said there were a lot more people in attendance than he thought would be there. He was impres= sed by the speech Fire Chief Midgley gave and said he was proud to have been part = of the program.

Mr. Haverty echoed Mr. Viger’s sentiments on the fire station ground breaking ceremony.

Mr. Gaydos stated he rece= ived a request from a woman whose husband is in Afghanistan and will be retur= ning home for a short time before returning to <= st1:place w:st=3D"on">Afghanistan. The request is to put big welcome = home signs for her husband on the gazebo in the common.

Mr. Viger recalled the Se= lectmen having a conversation about Relay to Life placing signs on the gazebo and w= ith that precedent they were obligated to allow other people to put signs up.

Mr. Haverty said with nam= ing individuals a dangerous precedent is set (i.e. happy birthday, congratulati= ons); that being said, in his opinion military personnel were heroes which made t= his instance different. He said w= ith the sacrifice being made, if the man is a Town resident the least that coul= d be done was allowing the signs. = He was emphatically in favor of allowing the signs.

Mr. Gleason endorsed Mr. Haverty’s comments and felt the request was the exception that should= be accommodated.

Mr. Lynde said he was the= father of a son who had at least six combat tours in Afghanistan and understood the desire of the woman making the request.&nb= sp; He felt they should do what ever they could to make the soldier̵= 7;s short stay home welcoming. He= whole heartedly supported the request.

Mr. McDevitt asked Mr. Ga= ydos to convey the support of the Selectmen to the individual who made the request.

Mr. Gaydos said months ag= o the Selectmen voted to lease the back hoe.&nbs= p; They had a budget of $35,000 and went with a three-year note for $31= ,300. Now that the truck is ready; the b= udget is $31,278, for a five year note, but because of the savings they saw on the back hoe they could now have a four-year lease for the truck at $32,647. Mr. Gaydos asked for the Selectmen’s authority to sign the lease documents.

Mr. Gleason confirmed tha= t the lease was in the operating budget and not as a warrant article. Mr. Gaydos answered yes. Mr. Gleason asked if the increase = could be accommodated in the operating budget.&n= bsp; Mr. Gaydos answered yes; he said the bid on the back how came in $39= 00 less. They could still come in under budget and cut a year off the lease.= Mr. Gleason confirmed that the savings would offset the expenditure incurred. Mr. Gaydos answered= yes.

In summary, there is a th= ree-year lease-purchase on a back hoe for which $35,000 was appropriated in the High= way Department budget. The lease = came in at $31,300. Separately the Highway Department has a budget of $31,000 for a five-year lease-purchase o= f a plow truck that is coming in at $32,647 for four years. They would take $1300 towards it a= nd reduce the length of the lease.

Mr. McDevitt acknowledged= the presence of State Representative Jordan Ulery in the audience and was told = he would answer any questions the Board had.&= nbsp; Mr. Ulery came forward.

Mr. Lynde commented that = he felt Pelham’s representatives let the Town down when it came time to suppo= rt having its own district. He s= aid there was another member who met with the Selectmen and stated they would support the Town, but ended up voted against the Town. He was concerned about the directi= on the legislature was going relative to eliminating support for the state retirem= ent plan. Mr. Ulery said when Sta= te Representative Doherty requested support for his plan it was given. He discussed how the determination= was made regarding the redistricting decision.= There was further discussion about the topics being reviewed and discussed in the legislature.

REQUEST FOR NON-PUBLIC SESSION

MOTION:

(Lynde/Gleason) Request for a non-public session per RSA 91-A:3,II, a,c &e (Personnel= , Matters which, if discussed publicly, would affect adversely the reputation of any person; Consideration or negotiation of pending claims or litigation)

ROLL CALL:

Mr. McDevitt-Y= es; Mr. Gleason-Yes; Mr. Lynde-Yes; Mr. Robert Haverty-Yes;

Mr. Viger-Yes<= /p>

It was noted tha= t the Board may possibly interrupt the non-public session and make an announcement.

In the event tha= t the Selectmen decide not to make an announcement, the Board will not take any o= ther action publicly, except to possibly seal the minutes of the non-public sess= ion and to adjourn the meeting. T= he Board entered into a non-public session at approximately 8:37 pm.

The Board recess= ed their non-public session and returned to public session at approximately 8:51 pm to read the follow= ing announcement.

“On June 11, 2012, the Pelham Board of Selectmen notifie= d the United States Environmental Protection Agency(‘EPA’) that the Board, through the Town Administrator, had reason to believe that residential appliances, including= air conditioners and refrigerators, had been crushed at the Town Transfer Stati= on without first properly evacuating the refrigerant from the appliances. This likely occurred on more than one occasion.

As a result, the Board of Selectmen notified the EPA pursuant to the EPA policy titled “Incentives for Self-Policing: Discovery, Disclosure, Correction and Prevention of Violations”.

The EPA has informed the Selectmen that it is conduc= ting an investigation.

The Town Transfer Station continues to accept refrigerators and air-conditioners for disposal. A fee of $10.00 is charged= to cover the additional cost of having a qualified third-party specialist remo= ve the refrigerants.”

Mr. McDevitt sta= ted the Board would enter back into non-public session. When they end their non-public ses= sion there will be no further action taken other than to seal the minutes and adjourn the meeting.

The Board re-ent= ered non-public session at approximately 8:53pm

MOTION:

(Lynde/Viger) To seal the minutes= of the non-public session indefinitely.

VOTE:

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

ADJOURNMENT

MOTION:

(Lynde/Viger) To adjourn the meeting.

VOTE:

(5-0-0) The motion carried.

The meeting was = adjourned at approximately 9:11 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=

<= ![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); 1/17/12 – Mr. Gaydos said a packet had been provided to the Budget Committee, Mr. McDevitt said the Planning B= oard had made an announcement seeking volunteers. He suggested including the CIP in = the list of elected/appointment positions that would be available in March.

March 29, 2011=

<= ![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); 1/17/12 – still in court.

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 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 scheduled) / 10/25/11 – research still being conducted and signs to be designed; 1/17/12 – ongoing project – an Eagle Scout project will possibl= y be brought forward to put up kiosk.

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; 1/17/12 – Mr. Gaydos is working with Mr. Currier regarding the procedure to m= ove ahead if the fire station doesn’t pass.

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; 1/17/12 follow up needed for written agreement.

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) / 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 worki= ng with intersection (with state) in conjunction with Sherburne Road.

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; 1/17/12 – at a standstill between what the state is willi= ng to do and what the Town would like them to do. Mr. Gaydos felt the flood study wo= uld 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 pol= icy 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 been 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 lis= t 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 importa= nt items for Mr. Haverty (BOS School Rep.) to discuss with School Board;

·         Planning Director to review water supply regulation and well ordinance documents and return comments to the Selectme= n;

June = 5, 2012

·         Mr. Gaydos to provide a breakdown of the fire station soft costs