BOS Minutes 06-01-2004

APPROVED

TOWN OF PELHAM

BOARD OF SE= LECTMEN MEETING

MINUTES

June 1, 2004

APPROVED – June 8, 2004

CALL TO ORDER

PLEDGE OF ALLEGIANCE

PRESENT:

Mr. William McDevitt, Mr. Victor Danevich, Mr. Harold Lynde (arrived shortly after the meeting commenced), Mr. Jean-Guy Bergeron (arrived after the meeting commenced), Mr. Richard Derby

Also present:

ABSENT:

Members of the press and general public.

Mr. Tom Gaydos, Town Administrator

&nbs= p;

The Chairman, William McDevitt, opened the meeting at approximately 6:30 pm.

MINUTES RE= VIEW

May 18, 2004

MOTION:<= o:p>

(Derby/Danevich) To approve the May 18, 2004 meeting minu= tes as amended.

=

VOTE:

(3-0-0) The motion carri= ed.

The amendments were as follows: page 1, 2^nd paragraph –the words did not = shall be added to ‘they did not want the 1990 backhoe for trade’; page 2, 6^th paragraph –= the word if shall replace the word = it: ‘Dr. Cutler said if the school…’; page = 6, paragraph second from bottom – the word a shall be deleted: ‘Mr. Lynde said there had been…’

May 25, 2004

MOTION:<= o:p>

(Derby/Danevich) To approve the May 25, 2004 meeting minu= tes as amended.

=

VOTE:

(3-0-0) The motion carri= ed.

The amendments were as follows: page 2, last paragraph – the word that shall be added: ‘type of building that may be..’; page 3, 7th paragraph – the word be s= hall be added: ‘believed it may be= the only way..’

OPEN FORUM=

Ms. Debbie Auger, 25 Stevens Road, addressed the issue of permissio= n to maintain part of her two hundred feet (200ft.) of frontage at the last Selectmen meeting and was under the assumption that they would hear back fr= om the Selectmen within the week. She said it was a crucial consideration for them and others members in Town bec= ause she felt a precedent was being set. She reiterated that the land in question was in front of her property and part of her two hundred feet (200ft) of frontage, which is required. She said she wanted the permission= to maintain the portion of land in front of her home; the person granted permission to maintain the land had added mulch and flowers (in whiskey barrels) which she felt was not his domain to take over the frontage, or pr= oper.

Mr. Lynde arrived.

Mr. McDevitt reviewed his meeting notes from the May 25, 2004 me= eting during which the Selectmen indicated they would provide an answer within a week or two, which they would stand by.

ANNOUNCEME= NT

Mr. McDevitt received and read aloud a copy of an e-ma= il from the New Hampshire Free Masons, Pulpit Rock Lodge #103 which outlined a child identification program that would be held Saturday, June 12, 2004 10am-2pm. The program is free= and will include a videotape, finger prints, tooth print/bite impression, DNA.<= span style=3D'mso-spacerun:yes'> This program will be done in conju= nction with the Pelham Police Department and Dr. Montminy & Dr. Yannetti.

APPOINTMEN= TS

OHRV Grant= – Chief Evan Haglund

Police Chief Evan Haglund met with the Selectmen to di= scuss an OHRV Grant that had been submitted to the State Fish & Game Departme= nt; this is the third year the grant had been submitted. Pelham had been approved for a gra= nt in the amount of $10,080, provided the money is accepted by the Selectmen on behalf of the Town. Chief Hag= lund also needed authorization to enter into a contract with the state to follow through with the grant and provide all provisions as necessary. There is no tax payer expense.

Mr. McDevitt understood that the grant required certain actions by the Town, as well as the state.= It was noted that the state sent the Town checks to pay for the Poli= ce Officers and would also be available for co-enforcement (mutual aid). Chief Haglund said that the state = was paying for the program as well as maintenance of the OHRV.

MOTION:<= o:p>

(Lynde/Danevich) To authorize Police Chief Haglund t= o act on the Selectmen’s behalf to enter into a contract with the New Hampshire State Fish & Game Department for purposes of OHRV enforceme= nt.

=

VOTE:

(4-0-0) The motion carri= ed.

Mr. Lynde asked which parks would be targeted. Chief Haglund said all parks would= be targeted.

OTHER BUSI= NESS

Selectmen = calendar

Mr. McDevitt noted that the Selectmen would tentatively review budgets and warrant articles on July 13 & 27, 2004.

Transfer S= tation

Mr. McDevitt said the Selectmen had received a copy of= a letter from Transfer Station Superintendent Bruce Mason regarding the one hundred (100) yard and seventy-five (75) yard trailers. It took the Town approximately one= (1) year to get the one hundred (100) yard trailer from Waste Management; since rece= ipt of which eight (8) weeks ago, the Town had been without the one-hundred (10= 0) yard trailer four (4) of the eight (8) weeks.   The letter informed that Mr.= Mason had a discussion with the company (Stet Co.) that built the seventy-five (7= 5) yard trailers to find out the value and the possibility of modifying the two trailers. The representative = from Stet Co. discussed the modifications that could be done to the trailers. Mr. Mason will discuss the situati= on with Mr. Gaydos.

Raymond Pa= rk Engineer Discussion

It was noted that four (4) companies were asked to sub= mit proposals, two (2) of which responded (CMA and TFMoran).

Mr. Lynde didn’t feel that the scope of work had= been outlined. Mr. McDevitt believ= ed that the intent was to have a broad overview, not a detailed plan. Mr. Danevich said that the Town Administrator had recommended that the Selectmen formalize the agreement. Mr. McDevitt asked if the Selectmen’s intent was to ask Mr. Gaydos to draft something, bring it= to the Selectmen for approval and then decide who would do the work. The Selectmen answered yes. Mr. Danevich was interested in the= scope of work that would be done and what permits needed to be pulled.

SELECTMEN&= #8217;S REPORTS

There were no reports given by Mr. Derby, Mr. Danevich= or Mr. Lynde.

OTHER BUSI= NESS CON’T….

Review of = Priority List

The Selectmen reviewed their priority list which is co= mposed of different sections indicating the delegation and level of priority.

APPOINTMEN= TS CON’T….

Public Hea= ring – Merrimack Valley Regional Water District Charter Vote on Adoption of Charter

Mr. McDevitt said the plan was to vote regarding the Merrimack Valley Regional Water District Charter, which had been reviewed m= any times by the Selectmen.

Ms. Karen White, Bedford New Hampshire Planning Direct= or, who had worked with the committee drafting the Charter discussed the histor= y of the project, which came about when Pennichuck Corporation (which serves twenty-six towns throughout Southern New Hampshire) proposed to be sold to an out-of-state water facility. There was concern from citizens and officials from towns that they would lose control not only water resources = and the ability to serve the citizens on a timely basis. Alternatives were reviewed and the twenty-six communities were asked if they would like to get together to wor= k on a charter for a regional water district, with the goal of acquiring the Pennichuck Corporation. After= two (2) years of effort from sixteen (16) communities working together, a draft charter has been created and adopted by the community representatives. The task going forward is to find = out if the communities would like to join the water district. Ms. White said Pelham was being as= ked if they wanted to join the regional water district as well as to appoint an interim director and alternate from the Town thereby providing time for a permanent person.

PUBLIC INPUT

Mr. Cliff Hayes, Balcom Road questioned the type of financial commitme= nt the charter would have for the Town. Ms. White said there would be no financial commitment other than the commitment of the initial contribution to pay for the legal and financial advisors that the charter committee hired.= She said House Bill 361 was passed and signed by the Governor in Jul= y, 2003 which made clear that a regional water district was a separate and leg= al entity from the towns that are its members who are not obligated to pledge their faith or credit for the functioning of the water district.

Mr. Tom Provencal, Mammoth Road asked what aquafer the water would be dra= wn from and wanted to know if residents along certain roads would be mandated = to join. Ms. White said only the individual communities could pass an ordinance that would require citizens = to ‘hook up’ if a water line passed in front of their door. Mr. McDevitt noted that the Select= men did not have the authority to pass that type of an ordinance, it could only= be done at Town Meeting. Ms. Whi= te said currently the water was planned to come from the existing sources. She said if there was a need for additional water in the future, she could envision the regional water distr= ict looking to purchase land in particular locations and put in a well, but the district would have to purchase the land and the amount of water allowed to= be withdrawn was regulated by the state (currently no more than 64,000 gallons= per day).

Ms. Lorraine Dube, Birch Lane wanted to know what type= of structures would be necessary and if there was an ‘opt out’ process. Ms. White said there= was a provision in the charter for withdrawal.&n= bsp; She then discussed the infrastructures and the process needed if such structure serviced numerous communities.&n= bsp; Ms. Dube asked what proportion of votes would be needed for somethin= g to pass (i.e. warrant article) regarding the water district. Mr. McDevitt said in general a war= rant article would require a simple majority.&n= bsp; Ms. Dube wanted to know what number of votes would be needed specifically if there was a warrant article that required residents to join= (if structures were in the community). Mr. McDevitt said a simple majority would be needed. Mr. Lynde addressed the question o= f opting out and believed it was important for the Town to have a seat at the ‘table’. He discu= ssed the fact that Pennichuck currently paid taxes to the Town and if we weren’t a member, that payment would no longer be made. He reiterated that if there was an= ything that would cost the Town would require a vote at Town Meeting; there was a process (including Budget Committee review) that would need to be followed.=

Ms. Dube understood that the Town currently had a larg= e aquafer and asked if there were any problems in certain areas where water was runni= ng out. Mr. McDevitt felt joinin= g the water district was a good idea and noted that the franchise, pumps and wells were still owned by the district whether Pelham joined or not. He said if Pelham joined, the Town= would have some small say so in what happens and if the Town doesn’t join, = the Town gives up the right. He didn’t believe that the water district would come into Town and start running lines immediately. Mr. Derby noted that Pennichuck had come in and proposed putting a tower on Jer= emy Hill that would help people on the hill and those currently being serviced. Mr. Danevich said t= here were four areas in the Town that had been monitored: Simpson Mill Road, Jeremy Hill, Marsh Road South (to Pelham Elementary School) and other spot areas. He said there were a l= ot of wells that had natural contaminates and the opportunity for an alternative would be good. Ms. White ment= ioned that when the district is formed and if successful at acquiring Pennichuck = Corporation they will only acquire the assets they already have. The district won’t own anyth= ing that isn’t already owned by Pennichuck Corporation.

Mr. Danevich asked if there were any provisions/regula= tions/stipulations in place for growth control of the district. Ms. White said there were currentl= y six (6) communities who were in the district, and noted that there were two hun= dred thirty eight (238) communities in New Hampshire. She said there were interstate laws involved when borders were cross= ed into another state, which had not been dealt with at this point. She said there were other companie= s that had franchises in the state and said serving communities in the North Country would be a limiting factor. She was unsure if the district cou= ld be limited to twenty-six (26) communities.&nb= sp; Mr. Lynde felt that economics would be the driving factor for expansion.

MOTION:<= o:p>

(Danevich/Derby) To join the Merrimack Valley Region= al Water District.

=

VOTE:

(4-0-0) The motion carri= ed.

The Selectmen decided to hold off appointing a Directo= r and alternates to the Board of Directors.

It was noted that communities who belonged to the Water District were: Nashua, Bedford, Pittsfield, Amherst<= /st1:City>, Litchfield, Londonderry and now Pelham.<= span style=3D'mso-spacerun:yes'>

Review of = Senior Center Expansion Plans

Mr. Danevich said over the past year or so he had the opportunity to work with the Director (Sue Hovling) and staff at the Senior Center and was surprised at the activity and use of the building. He said the building was a multi-u= se functional facility and believed there should be long-term planning in how = the Town addressed the needs of the senior community. He said over the course of many mo= nths he and Ms. Hovling had discussed the possibility of expanding the building = or building a dedicated facility and had put the ideas on paper (which were in= the very early stages). He said o= ne of the most important things to the group was the dining room and its expansio= n to accommodate one hundred fifty (150) people. He said Ms. Hovling was meeting wi= th the Selectmen to discuss the possibilities and begin the planning process.

Senior Center Director Sue Hovling said she began by l= isting the things needed and sketched a drawing of the building, which was revised= by people who worked in the field. She said there was no site plan available in the Planning Department, but noted= the lot contained four (4) acres on Nashua Road (lot 8-143). She presented the conceptual drawi= ng of the expanded Senior Center to the Selec= tmen for review.

Mr. Bergeron arrived.=

Ms. Hovling showed the conceptual drawing of the exter= ior and interior features of the Senior Center. She said in the event that the bar= n was kept, the foundation would need to be underpinned.

Mr. Lynde asked what the rate of growth was. Ms. Hovling said the rate of growth (using total population in Pelham) was approximately 1.4% each year (since = the 2000 census). She said there = were 18% of people over age fifty-five, with a projection of 25% in 2005. The current membership was approxi= mately six hundred fifty (650) people. Mr. Lynde was curious to obtain rate of growth figures over the next twenty (20) years. Ms. Hovling believed t= he conceptual building being shown would accommodate the seniors over the next twenty years. She used inform= ation from Nashua as a guide.

Mr. Danevich said Ms. Hovling was being cautious and reserved regarding the finer details of the plan. He pointed out the areas that would address some of the longer term problems, such as the capacity issues when serving lunch. Ms. Hovling discussed the activities that could not be held due to the constraints. Mr. Danevich said the seniors cared dearly about the house and its historic nature and would like to preserve it. He said the new facility = would be a stand alone building which would allow for the barn to come down (if it needed to) without any impact on the new structure. He confirmed that Ms. Hovling woul= d be submitting a CIP item this year. Ms. Hovling said she would be meeting with CIP on Thursday who wante= d to review the conceptual building. Mr. Danevich discussed the activities currently held at the Senior Center and the type of activities they might be able to have (i.e. green house). Ms. Hovling said the seniors also envisioned a walking trail to the senior housing (Pelham Terrace) abutting = the Senior Center parcel. Ms. Hovling said she = had an item with CIP for this year in connection with a feasibility study. She said she had a meeting with th= e new Bureau Chief from Elderly and Adult Services who is very interested in seni= or centers because they provide the first step in long term care.

Mr. Bergeron asked that any new information should be circulated to the Selectmen (i.e. plot plan, copy of conceptual drawing).

Mr. Lynde questioned if impact fees could be establish= ed since there was an increase in population.= The question will remain ‘hanging’ until further research. Mr. Lynde recalled = that at the time Pelham Terrace was sold/built there had been discussions regard= ing connecting the parcels but there were questions regarding wetlands.

Mr. Derby, who reviewed the plot plan, said it appeared there was a right-of-way to Windham Road, which may be able to be used as a second egress to the Senior Center.

Mr. McDevitt said CIP toured the Senior Center last week. He confirmed that = Ms. Hovling would be submitting a proposal to CIP and would later request money= for a feasibility study during budget discussions.

Report of = Senior Center Activities

Ms. Hovling discussed her recent trip to California to attend a conference, which was her last conference as a delegate for New Hampshire. She had the opportunity to visit an interesting senior center in Redwood, which was the former training camp for the San Francisco 49ers football team. She circ= ulated photographs of the senior center. She said she attended several classes on building a senior center. Ms. Hovling showed her certificate= for serving as a representative for three years as a state representative to the National Counsel on Aging.

Central Fi= re Station – Location Discussion

Mr. McDevitt said that the Selectmen previously had a = long discussion and presentation from the Fire Chief. The two items were: 1) the need to= give direction to Fire Chief whether or not Pelham Center would be used in the long run as a location for a central fire station; 2) direction whether to concentrate efforts on designing new fire station for = Town center, or improving the existing station.=

Mr. Danevich believed the previous request was to form= a committee who would provide alternatives for Selectmen review. Mr. McDevitt said his impression f= rom the Selectmen was that a decision should be made regarding whether or not to stay in Pelham center.

Mr. Bergeron, who was unable to attend the portion of = the meeting in which the Fire Chief made his presentation. He later reviewed video tape of the meeting and also met with the Fire Chief who provided the memorandum and information regarding the proposed new central fire station. Mr. Bergeron recapped the informat= ion reviewed at the previous meeting when the Fire Chief made the presentation = to the Selectmen. He said after = review of all the information he felt that the fire station proposed would serve t= he Town. He said the location wo= uld have to be determined. He didn’t feel the fire station was a priority at this point, but rather= the traffic situation. He said th= ere had been an idea about the center of Town being a park and wanted to know w= hat that meant. He said if the fi= re station had outgrown the Town, it could still serve someday as a different building for the Highway Department, or maintenance garage for the Town. He questioned what the Selectmen w= anted to see in the center of Town and noted that the present and past Safety Committee preferred traffic signals. He felt a park in the center would have its own problems. Mr. Bergeron said there was a situ= ation with the High School (either Pelham only or co-op) and suggested if the High School could not be used as a school, it might be able to be used for a Fire Station, Highway Department, recreation center, senior center. He said he measured from the Annex= to the entrance of the Library, which was less of a distance from the garage currently being used on Ma= rsh Road. He also measured the Annex doors t= hat had bigger stalls and height as well as a lot more space than what the ceme= tery currently had, which may help them get by over the next couple years. Mr. Bergeron said the station pres= ented to the Selectmen would be the station to service the Town in ten or twenty years, but felt the Town really needed a substation.

Mr. McDevitt asked if the Selectmen wanted the committ= ee to review locations. Mr. Danevich wanted the committee to also review substation locations. Mr. Lynde said ideally there shoul= d be a master plan that outlined central and substation locations which would be driven by response times.

Fire Chief David Fisher said a lot of work had been do= ne on substations and a central fire station.&nb= sp; He said he previously requested the formation of a sub-committee to = do further studies and put numbers together.&= nbsp; It was noted that Mr. Lynde would work with the Fire Chief concerning the data for substations and bring the information back to the Selectmen. Chief Fisher said the credibility = of his position and Selectmen support was important when seeking information from companies. He discussed the i= ssues that the committee would review the project, land and sites so a presentati= on could be presented to the Selectmen.

Mr. Lynde said the Fire Chief presented a plan for a f= ire station that would be suitable to cover the Town for twenty (20) years. He said the next question was wher= e the building could be located, which would then help to locate where sub-statio= ns could be placed. He believed = the Selectmen needed to make a decision regarding the concept and move on from there.

Mr. Bergeron asked if there was a need for more than o= ne substation. Chief Fisher said= he stood with the original plan of two (2) substations along with a central fi= re station to adequately fulfill the needs of the Town over the next fifteen (15)/twenty (20) years. He sa= id there were variables regarding surrounding towns constructing substations, which may affect where Pelham would place a substation to help spread out r= esources.

Mr. Bergeron reiterated his position that a substation= was a priority over a new central station.

Mr. Danevich said the Fire Chief had requested permiss= ion to form a committee, which lead to the following motion:

MOTION:<= o:p>

(Danevich/Bergeron) To authorize the formation of a committee and appoint Fire Chief David Fisher as Chairman; the committee = will set the goals/objectives/mission statement and return to the Selectmen in thirty (30) days with a formulation of what the committee is and will do.=

=

VOTE:

(5-0-0) The motion carri= ed.

Mr. McDevitt asked that the committee applicants fill = out a volunteer form by June 15, 2004 and be brought before the Selectmen for a brief interview.=

Mr. Derby said the taxpayers may question where the To= wn was headed regarding taxes. He sa= id thirty years ago he was not in favor of the fire station location and wished someone had listened to him. = He believed the current station could last awhile longer if a substation were built. Mr. McDevitt said the = Selectmen were trying to plan items. He believed the best way to drive up taxes is to plan poorly, react to situati= ons as they come up, try to patch work things together as done in the past, whi= ch he believed had stopped; the Selectmen were trying to do long-term planning and help control the growth of taxes. Mr. Lynde noted that the discussions about a central fire station didn’t necessarily mean there would be a warrant article for one this year. He agreed that there wa= s a need for substations, but believed that there needed to be progress in acco= mmodations for the full-time staff manning the station as well as housing and maintain= ing equipment. Mr. Lynde asked if= there was a basic consensus on the idea that a new central fire station was neede= d that met the criteria laid out by the Fire Chief so the committee had direction.= Mr. Bergeron agreed with the idea = of the central fire station except when it should be done; he felt it should come after the substations and said the current conditions should be brought to = at least the minimal conditions to make it good. Mr. Lynde agreed with the concern = on the taxpayers, but felt the Selectmen should be mindful that impact fees had be= en collected for the stations and if the fees were not used within six (6) yea= rs, the Town would forgo those fees. There appeared to be a consensus that there was a need for such a station, but th= ere was considerable disparity in the time at which the Selectmen would wish to take that step. Fire Chief as= ked if the committee would be allowed to do calculations in their report. He noted that approximately $500,0= 00 had already been collected in impact fees.&nbs= p;

Chief Fisher provided a description of the events surrounding the mock incident that had taken place on May 28, 2004. He said all the departments learne= d a lot and the reports received so far have been complimentary to all the departments that participated. He ended by thanking the Town for allowing the departments to participate. Mr. McDevitt said he was extremely impressed with the professionalism of the departments. He thanked the Town’s emerge= ncy services for its participation.

SELECTMEN&= #8217;S REPORTS CON’T…..

Mr. Bergeron said he attended the mock disaster and th= anked all the people involved. He t= hanked the Selectmen for voting to join the Merrimack Valley Regional Water District. He congratulated Ms= . Sue Hovling for the work she’s done and the awards she has won.

ADJOURNMEN= T

MOTION:<= o:p>

(Danevich/Lynde) To adjourn the meeting.

=

VOTE:

(5-0-0) The motion carri= ed.

The meeting was adjourned at approximately 8:50 pm.

   &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;           Respe= ctfully submitted,

   &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;                &= nbsp;      Charity A. L. Willis

   &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;           Recor= ding Secretary