SEL20090908

APPROVED

TOWN OF PELHAM

BOARD OF SE= LECTMEN MEETING

MINUTES

September 8, 2009

APPROVED &#= 8211; September 22, 2009

CALL TO ORDER – 6:30pm

PLEDGE OF ALLEGIANCE

PRESENT:

Mr. Robert Haverty, Mr.= Douglas Viger, Mr. Edmund Gleason, Mr. William McDevitt,

Mr. Harold Lynde, Town Administrator Tom Gaydos

ABSENT:

None.

PUBLIC HEARING

1^st of two Public Hearings to Accept a 26-Acre Land Donation, Map 9 L= ot 9-5, to the Town of Pelham from Timothy Zelonis

Mr. Haverty opened the Pu= blic Hearing. There were no persons in the public wishing to speak on the matter. He then asked if the Board had any questions or comments.

Mr. McDevitt indicated th= at the Board had an extensive presentation regarding the matter. He felt it would be a tremendous addition to the Town’s conservation land and hoped that the Board wou= ld approve it.

MOTION:

(Gleason/McDev= itt) To close the public hearing.

VOTE:

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

MINUTES REVIEW

Mr. Lynde arrived.

August = 25, 2009

MOTION:

(Viger/Lynde) = To approve the Au= gust 25, 2009 meeting minutes as written.

VOTE:

(3-0-2) The mo= tion carried. Mr. McDevitt and M= r. Gleason abstained.

OPEN FORUM

No one came forward to sp= eak.

TOWN ADMINISTRATOR’S / SELECTMEN REPORTS

Mr. Gleason expressed his gratitude to the Pelham Fire Department.&n= bsp; His wife had taken sick. He explained that the emergency responders were extremely courteous and efficient and an asset to the community. He to= ok the opportunity to thank them for their professionalism.

Mr. Viger and Mr. McDevit= t had no reports.

Mr. Lynde announced that = Old Home Day would be held September 12, 2009. He said= the Park & Recreation Soccer season had begun. He thanked the Board, Mr. Gaydos a= nd all the people involved for their support of the work being done at Raymond Par= k.

Mr. Gaydos said he was am= azed at the work done at the Raymond Park soccer fields. He then provided an update (as of = August 22, 2009= ) regarding the EEE and West Nile Virus testing. He said they didn’t plan (at this time) to spray in Pelham. If the decision was made to spray,= the state would be brought in to identify specific areas and the Selectmen woul= d be notified. Mr. Gleason underst= ood that there may be state aid for spraying and questioned if the Town would a= pply for such. Mr. Gaydos said the= re was funding available if the Town found itself in a situation that it was neede= d; the state would review it before approving.

Mr. Haverty had no report= .

PUBLIC HEARING

Discuss the Adoption of the following language accepting the rev= ised FEMA Flood Insurance Maps and Approving an amendment to Pelham Zoning Ordin= ance referencing the new maps:

Pursuant to RSA 764:57, by resolution of the Town of Pelham Board of Selectmen all l= ands designated as special flood hazard areas by the Federal Emergency Management Agency (FEMA) in is “Flood Insurance Study for the County of Hillsborough, NH” dated September 25, 2009 are declared to be part of= the Town of Pelham Zoning Ordinance, Article VIII Floodplain Development Ordina= nce and are hereby incorporated by reference.

Mr. Haverty opened the Pu= blic Hearing.

Planning Director Jeff Go= wan came forward to discuss the adoption of language to accept the revised Federal Emergency Management Agency (‘FEMA’) flood insurance maps. He explained that the Pelham flood= maps were last completed in 1980. = The state had been engaged in revising the maps during the past year and a half. Drafts have been sent approximately one year ago for review; at that time notes were made to the = maps regarding the Mother’s Day floods where flooding occurred in excess of where the maps showed. The fl= ood maps were now received. Mr. G= owan displayed the older map alongside the revised map to show how they compared. He then read aloud a description of the revisions. He then read the language the Selectmen were being asked to consider adopting. If the new mapping = was accepted, Mr. Gowan said he would put the language in Zoning, have it certi= fied by the Town Clerk and forward it to the state. He said this would fulfill the Town’s obligation to recognize the new mapping. He noted there were two full sets = of the flood maps in the Planning Office and in the Assessing Office.

Mr. Gleason asked what ramifications residents would have if they previously were not in a flood p= lain and now (with the new mapping) were in a flood plain. Mr. Gowan’s understanding wa= s if a resident had any kind of FHA (or government) loan, they were required to ha= ve flood insurance. Mr. Gleason = asked if the people, who were now incorporated, would be notified. Mr. Gowan said the people describe= d as being in the area where the change took place would be notified to review t= he maps. He said there were very= few properties that previously were not on the flood maps and now were. He said if those residents secured= flood insurance prior to September 25, 2009 (date when maps take affect), he was lead to believe t= hey could do so at the rate prior to the maps taking affect. Mr. Gleason asked if information regarding the flood maps would be added to the FAQ. Mr. Gowan said it might be more effective to issue a press release that outlined the information and persua= ded residents to check the maps. =

Mr. Lynde asked if the ef= fective date (September = 25, 2009) would be the decision of the Town, or if that was the date assigned to the maps. Mr. Gowan said September 25, 2009 was the date designated for the maps to become effective; the question was if the Selectmen would recognize the maps and ensconce them in Zoning.

Mr. Gleason asked Mr. Gow= an if he anticipated any voters contacting the Town because of the proposed action.<= span style=3D'mso-spacerun:yes'> Mr. Gowan believed the Town would = have voter contact if the Selectmen didn’t take action because it would me= an no one could purchase flood insurance.&nbs= p;

There was no public input= .

MOTION:

(Lynde= /Gleason) To accept the revised FEMA Flood Insurance Maps and the proposed change to the Pelham Zoning Ordinance which reads: “Pursuant to RSA 764:57, by resolution of the Town of Pelham Board= of Selectmen all lands designated as special flood hazard areas by the Feder= al Emergency Management Agency (FEMA) in is “Flood Insurance Study for= the County of Hillsborough, NH” dated September 25, 2009 are declared t= o be part of the Town of Pelham Zoning Ordinance, Article VIII Floodplain Deve= lopment Ordinance and are hereby incorporated by reference.”

VOTE:

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

MOTION:

(Viger/Lynde) = To close the Public Hearing.

VOTE:

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

APPOINTMENTS

Laurel Bistany, Executive Director of REDC – Discussion Regarding Pelham Joining the CEDS Process (Comprehensive Economic Developme= nt Strategy)

Ms. Laurel Bistany, Execu= tive Director of Rockingham Economic Development Committee (REDC) came forward to discuss Pelham joining the Comprehensive Economic Development Strategy. She said she had met with the Pelh= am Economic Development Committee and found them to be an active group. She said the Community Development Finance Authority (CDFA) oversees the Regional Economic Development Corporations in New Hampshire= . The CDFA recently redrew the bound= ary lines of its maps due to the dissolving of the Gateway Industrial Corporati= on and were awarded five new communities (Hudson, Pelham, Litchfield, Nashua and Merrima= c). Ms. Bistany said the CDFA now had = the ability to lend to those new communities by bringing in Community Developme= nt Block Grant Funds. She explai= ned that under the Economic Development Administration (EDA) a master plan enti= tled the Comprehensive Economic Development Strategy (CEDS) is formed for the region. The CEDS reviews regi= onal goals, objectives and projects for EDA approval; some of the projects liste= d in the document receive grant funding. Ms. Bistany summarized the types of projects that could be granted funding and the process of applying for such.

Mr. Viger asked if there = was a participation fee for the Town to be a member of the organization. Ms. Bistany said there was no fee = for any business or community being served.&nb= sp; Mr. Viger asked what the REDC would do for the Town. Ms. Bistany said the REDC acted mo= re as a navigator rather than a pilot and would take what the Town had come to, through their Master Plan or economic development people and help them to achieve those goals through the help of a steering committee. She said they would also work thro= ugh the Town’s Planning Office along with a representative from the Town’s Economic Development Committee. The participation could be as much= , or as little as the Town chose. =

Mr. Gleason asked if they= would assist the groups in looking for grant money. Ms. Bistany said they would assist= in looking for EDA grant money. = Mr. Gleason asked if they would make money available for loans to private companies. Ms. Bistany said i= t was generally participation loans with banks, but would also do start-ups and l= ines of credit due to the current market. She said they used the interest from the loans to pay for their operations. Mr. Gleason asked= if they were part of a government initiative.= Ms. Bistany stated they were a private non-profit group that had been around for approximately fifteen years.&nb= sp;

Mr. Gaydos questioned the timeframe for projects once the RFP was put out. Ms. Bistany said there were three categories: short (24 months and under), midterm (2-5 years) and long term = (5+ years). Mr. Gaydos discussed = the work the Town would need to do prior to a project being ready. He used doing a water and sewer pr= oject as an example, for which the Town would need to do all survey work etc. pri= or to the project being ‘kicked off’. Ms. Bistany said the matching funds would have to be solidly committed; it was not a case of applying and findi= ng funds. She said they would wa= nt the Town to have already made the commitment to do the project. She discussed the types of project= s that could be funded. She said sho= uld the Town choose not to be part of the development district; she would still= be available to assist businesses in Pelham or looking to move here. Mr. Gaydos asked if they would pro= vide assistance of walking a community through the process to decide what was ne= eded to be done. Ms. Bistany said = she tried to stay away from guidance of what a community should do; communities should come to those decisions on their own. Mr. Gaydos questioned what CEDS wo= uld do aside from financial assistance. He wanted to know if there was a resource to help guide the Town through the s= teps needed prior to applying for a grant. Ms. Bistany said she would bring a representative from a community t= hat had successfully gone through a project to discuss the process they followed.

Mr. Lynde asked who the g= roup was in Nashua and what their role had been. Ms. Bistany said it was Gateway Industrial Development whose role was similar to the REDC, but who had trouble because they were unable to reach capacity in= being self sufficient. She said the= REDC was the only regional development corporation in New Hampshire that also did strategic planning. Mr. Lynde asked if = it was the REDC’s board of directors that decided they wanted to expand. Ms. Bistany said the expansion was= at the request of EDA. She said = they were doing so slowly to ensure they were able to service the communities. Mr. Lynde asked if the REDC would = act as a conduit through the federal government and the state to provide the exper= tise and organizational structure to help provide economic development in the ar= ea towns. Ms. Bistany felt it wa= s a good summary. She said the st= ate tie-in was a partnership, the money was direct to the federal government; t= here was no intermediary with the state as far as EDA monies or grants.

Mr. McDevitt asked for the Planning Director’s views regarding the benefits to the Town to belon= g to the organization.

Planning Director Jeff Go= wan came forward. He believed that the= REDC represented a nice ‘bookend’ to the Nashua Regional Planning Commission (NRPC). He said th= e NRPC didn’t work directly with businesses and the REDC did. He said the two groups had two dis= tinct roles regarding their responsibilities.&nb= sp; He was unsure if there was a project (at this point) ready for the R= EDC, but felt it would be good to be involved.&= nbsp; He saw no downside for the Town being involved and was excited at the prospect of working with the REDC. Ms. Bistany noted that projects could go on an off the list, it was = only at the application stage that they had to make sure that a project would mo= ve forward.

Mr. Viger wanted to know = what RFQ the Town would have access to review. Ms. Bistany said it would be a request for proposal (RFP) from their organization for a project of the Town. She said the CEDS document was publ= ic and could be reviewed at anytime online. The only projects listed were those that had been chosen to be on the priority list. The steering committee would be privy to all the projects that come in. Mr. Viger asked what the benefit w= as to seeing the list. Ms. Bistany = said there was a benefit to being on the list.&= nbsp; She said the projects would be placed on the priority list and the document would be viewed by the EDA as well as by other organizations. Some of the projects would potenti= ally be earmarked to receive increased attention. The list would give a project recognition.

Mr. Haverty asked what was involved with being on a steering committee. Ms. Bistany said there were four t= o five meetings per year where the committee would discuss projects that had been submitted. At the beginning o= f the process (in the fall) they discuss what they would like to achieve during t= he year.

Mr. Viger said at this po= int there were no plans for projects and questioned if there was value, at this time, in being part of the organization.&n= bsp; Ms. Bistany felt there was value in being part of the district becau= se it would automatically qualify the Town to be eligible for EDA investment.<= span style=3D'mso-spacerun:yes'> She said communities outside the organization would have to meet additional qualifications. Mr. Haverty commented that while t= here may be no immediate benefit, there was no immediate detriment. Ms. Bistany said it made sense to = bring the new communities in at the same time.&n= bsp; She said it would also be nice if the Town was included in case a project came forward because then the Town could jump in and be ready to go.

There was further discuss= ion regarding the benefits of being involved with CEDS and if the Board wanted = to take action at this time. Mr. Gleason volunteered to serve as the representative given that he was the NR= PC representative.

MOTION:

(Lynde/McDevit= t) To have the Board of Selectmen approve (the Town) joining the Rockingham Economic Development Corporation as part of the Economic Development District.

VOTE:

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

Given that Mr. Gleason had volunteered to site on the steering committee, the Selectmen appointed him = to the position.

Brian Johnson, Director , Parks & Recreation Department=

Park & Recreation Dir= ector Brian Johnson came forward to provide the Selectmen with a general departme= nt update. He began by discussin= g the status of the work being done at Raymond Park. The first games would be played on= the field over the weekend. He th= en reviewed the programs and new activities happening within the department. He discussed the benefits of Rec T= rack and the on-line registration.

Mr. Gleason asked if it w= as known how many families were participating in recreation programs. Mr. Johnson said he would print a = report with the numbers.

Mr. Johnson was thanked f= or meeting with the Board and keeping them up to date regarding his department= .

<= st1:address w:st=3D"on">Shannon Circle= Improvements

Planning Director Jeff Go= wan came forward and explained that there had been a service complaint received in connection with the Shanno= n Circle development. After reviewing = the file, he found that there was a letter in the file from CLD Engineering (Town’s former engineering consultant) advising the Planning Board (during the Shannon Circle= project discussions) that ledge face was not and should not be an issue; at= the time, the Planning Board agreed with the findings. The Shannon Circle project was subseque= ntly approved, inspected throughout the process and built. The project’s bonds were red= uced and later released at the end of the project. Mr. Gowan said the person who made= the complaint asked that the Town keep pressure on the developer to deal with t= he situation. He said the Highway Safety Committee (HSC) was unanimous in their opinion (after visiting the s= ite) that there was not a problem and it did not constitute a safety risk. Mr. Gowan said the developer was o= ut of it because the Planning Board’s requirements had been fulfilled and t= he bond had been released. He sa= id if the Selectmen decided they wanted to address the situation it would be ‘on the Town’s dime’.&nb= sp;

Mr. Charles McCoy, 11 Shannon Circle came forward to discuss the situation occurring on = Shannon Circle. Mr. Gowan circulated photographs o= f the area. Mr. McCoy said the situ= ation had turned into a nine-year battle. He said the project was not finished the way it was supposed to be done. He said the builder (for three years) had promised to put an entrance into the development. After the three years went by, Mr.= McCoy contacted the builder (Dave Patenaude) who said he would supply the Town wi= th anything they needed to give an entrance to the development, which was not done. Mr. McCoy said Mr. Pate= naude went with him to see what was wrong. He said the problem had nothing to do with vehicular traffic. He told the Board that he had been walking with his three-year old grandson and a large rock came down three f= eet from his grandson. He said th= ere were trees with roots sticking out and no soil. He said the whole area was washing out. He also noted that child= ren wait for busses, play, and walk dogs in the area being discussed. He stressed that someone would be injured or die because of the situation.&n= bsp; He didn’t know what it would take for the Town to finally come= and take care of the problem.

Mr. Haverty asked for fur= ther explanation regarding what he meant by ‘create an entrance’ for= the development. Mr. McCoy said t= here was supposed to be a rock entrance. He said the hill was never supposed to be removed. He said the Town made the developer remove the hill, which consisted of shale.= He said the shale had been coming down for the past ten years. Mr. Haverty asked what remedy the developer had offered that might solve the situation. Mr. McCoy believed the remedy woul= d be to have some kind of retaining wall from the beginning of the street up the side of the rock to hold it up. He said there had been other suggestions, such as to take the shale down and c= reate easements, which he felt was a good idea.&= nbsp; He reiterated that there were roots from the trees with no soil underneath. He also commented= that the reason there were no rocks at the bottom was because he had taken a sle= dge hammer and broken the pieces up and removed them.

Mr. McDevitt stated that = he wanted to visit the site and recommended that the Board do so before taking= any action.

Mr. Gaydos said he met wi= th Mr. McCoy and reviewed the property. He said Mr. McCoy’s description was accurate. He said he got a price (approximat= ely $20,000) to remove the shale and slope the area back away from the roadway; they would have to get easements. He noted when the work was done the area was stable, but over time, the fissur= es were starting to loosen and decay. <= /span>He said the Highway Department could address the situation.

Mr. Gleason asked who own= ed the land. Mr. Gaydos said the Town owned the land, but in order to do the work a slope easement would be needed from four property owners.

Mr. Lynde asked how far f= rom the edge of the road the Town owned. Mr. Gowan understood it was basically a 50-foot right-of-way. He wasn’t convinced that the= bulk of the shale was on Town property. <= /span>Mr. McCoy said the whole hill taken out consisted of ledge. Mr. Lynde asked if the ledge face = would be allowed if it were to come before the Planning Board today. Mr. McCoy didn’t believe it = would be. Mr. Gowan said the Town h= ad much improved consulting expertise over the past years and felt it was unli= kely that it would result in the same fashion as it had. Mr. Lynde asked if there was a min= imum side slope requirement when a road was built. Mr. Gowan answered yes. He said side slope requirements co= me out of AASHTO guidelines and at the time the engineering review firm recommended that it complied with the side slopes.&nbs= p; Mr. Lynde asked if the statement could be tested against AASHTO and = questioned if the statement could be verified as accurate. Mr. Gowan said his statement was p= urely a regurgitation of the Planning Board’s consultant. He said he would not take the plac= e of the consultant; it was the advice the Planning Board was given at the time = and the advice that they relied upon. Mr. Lynde asked if the slope were measured today if it would meet AA= SHTO requirements. Mr. Gowan said because of the degree of crumbling that had occurred, it would not be the s= ame slopes that were there. Mr. L= ynde said looking at the photographs, it looked like the situation was not stable and over time it would break up. He said if the Town allowed it to happen and it didn’t comply with what = was considered appropriate, the Town had brought it on themselves and it would = need to be fixed.

Mr. Haverty said the next= step would be to schedule a site walk. He said the photographs were concerning to him.

A site walk was scheduled= for September 15, 2009 at 5:30pm, rain or shine. Mr. Gowan said he would invite the Planning Board to attend the site walk.

Mr. Gaydos discussed what= review had been done and told the Board that he had also received estimates for the cost.

Mr. McCoy reiterated the = safety concerns of the area.

REQUEST FOR NON-PUBLIC SESSION

MOTION:

(Viger/Lynde) = Request for a non-public session per RSA 91-A:3,II, a and d (Personnel; Considera= tion of acquisition, sale or lease of property)

ROLL CALL:

Mr. Haverty-Ye= s; Mr. Viger-Yes; Mr. McDevitt-Yes; Mr. Lynde-Yes; Mr. Gleason-Yes

It was noted tha= t when the Board returned, after the non-public session, the Board would not take = any other action publicly, except to possibly seal the minutes of the non-public session and to adjourn the meeting. The Board entered into a non-public session at approximately 8:25 pm.

The Board returned to public session at approximately 9:45 pm.

MOTION:

(McDevitt/Vige= r) To seal the minutes of the non-public session indefinitely.

VOTE:

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

ADJOURNMENT

MOTION:

(McDevitt/Vige= r) To adjourn the meeting.

VOTE:

(5-0-0) The motion carried.

The meeting was adjourned at approximately 9:45 pm.

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

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

= &nb= sp; = &nb= sp; = &nb= sp; = Recording Secretary