SELECTMEN’S MEETING
JUNE 30, 2003

MEMBERS PRESENT: Galen Stearns, Alan Carpenter, Roger Hohenberger, Christopher Doyle and Bruce Breton. David Sullivan, Town Administrator was also present. Meeting commenced at 7:00 pm.

ANNOUNCEMENTS: Mr. Breton announced that the annual Field Day will be held at Rogers Field on July 4th beginning at 9:30 am.

Mr. Sullivan stated that the tax bills are presently printing and will be mailed out in the very near future.

Mr. Sullivan also stated that the Administrative Offices of the Town will be moving to the Bartley House tomorrow. Therefore, the Administrative Offices will be closed on July 1st. Mr. Sullivan thanked the maintenance for their hard work in getting the new offices ready and also thanked his staff for helping with the painting. Thanks also to Yesteryear Restoration for his work during the renovations. Mr. Sullivan noted that the new offices look great.

Margaret Crisler, Garden Club member, stated that the Garden Club has written and published a hands on local gardening book entitled “Planting Among the Stones”. It is available at local nurseries, the Town Clerk’s Office and Garden Club members. The cost is $20.00.

Mr. Turner announced that last week Klemm’s On the Run, McDonald’s and Cairns office building on Ledge Road opened. 

LIAISON REPORTS: Mr. Hohenberger reported that the Planning Board approved a 30 lot subdivision off Morrison road. It was agreed by the developer that $500 per lot would be donated to Recreation for Griffin Park.

SENIOR CENTER ADDITION: Barbara Coish, President of the Senior Citizens Inc, asked the Board to waive the bid process and allow the Windham Seniors, Inc to be the contractor for the Senior Center addition project. Mrs. Coish stated that they would be working with local contractors who have offered assistance with labor and materials. They further requested that the Board grant waivers from the Planning Board process and building permit fees. Mrs. Coish also told the Board that to date, they have received two very generous donations and the seniors are actively seeking further donations. 

Mrs. Coish also noted that the left roof of the present building was not redone when the other side was shingled. She noted this needs to be done very soon.

Mr. Carpenter questioned the length of the lease and inquired if Windham Seniors, Inc would wish the lease extended beyond 2006 now as they were contributing two thirds of the funding. It was agreed to trust the town to extend the lease in 2006. Mr. Carpenter stated that the Planning Board process should not be waived but the Board could expedite the process. He also felt bids should be obtained in accordance with the Town’s bid policy. 

Mr. Turner noted that the Planning Board has no jurisdiction as the building is located in the Historic District. Mr. Hohenberger stated that the Planning Board would have good input and thought the plan should be presented. He noted that waiving the Planning Board and bid processes would set precedent and that the Board needed to be consistent. He also felt that town staff should be very involved in the process.

Mr. Case told the Board that seniors would be working with town builders and they felt they would receive better prices and service.

Mr. Doyle motioned to waive the bid process and allow Windham Senior Citizens Inc to obtain their bids, waive the Planning Board process and to form a committee consisting of the Planning Director, Town Administrator, Maintenance Director and representative from the Windham Seniors, Inc to oversee the project. Mr. Breton seconded. Motion failed 2 – 3 with Stearns, Carpenter and Hohenberger opposed. Mr. Carpenter stated that he would support the motion just voted upon if Planning Board review was included.

Mrs. Crisler spoke in favor of the Planning Board.

Mr. Hohenberger motioned and Mr. Carpenter seconded to waive the bid process. Motion passed 4-1 with Mr. Hohenberger opposed.fees. Passed unanimously.

Mr. Carpenter motioned and Mr. Doyle seconded to waive the bid process. Motion passed 4-1 with Mr. Hohenberger opposed.

Mr. Doyle moved and Mr. Carpenter seconded to have the Senior Citizen addition go through Planning Board review and to form a committee as described above. Passed unanimously. 4-1 with Mr. Breton opposed. 

DOT RAILS TO TRAILS: Ansel Sanborn, Administrator of Transportation Planning, Ram Maddale, Project Manager and Thomas Jameson, Project Engineer, from the Department of Transportation discussed the results of the Salem to Concord Bikeway Feasibility Study. 

Discussion of this study included: community reviews, corridor options, suggested routes, location of bike path, quantitative analysis, evaluation summary, public input, impact on rail development, trail surface, road crossings, ATV use, ROW issues, technical feasibility, environmental issues, businesses which the path would attract, affordability and public acceptance.

Wayne Morris who is actively pursuing the Lowell Road bike path, thanked the DOT for the great presentation and also the members of the audience for attending. He suggested funding this path as part of secondary mitigation for the improvements to I-93. 

Peter Griffin told the Board that he supports the concept of the path but his concern is how this will fit into long range transit systems for the town and state.

Senator Sapareto discussed the funding for this project and stated that this a very hard time in the legislature and he suggested looking for a matching town grant or private funding. 

The following persons spoke in favor of the path: Mike Spinella, John Maurice, Wayne Morris, Diana Fallon, Mark Hetzer, Diana Carpenter, Kevin Waterhouse, Time Shriner, Margaret Crisler, Allison Miller, and Scott Bogel from RPC. Dennis Brown expressed his concerns with the proposed path.

Board members expressed their support of the bike path and thanked the DOT for their presentation.

PUBLIC HEARINGS: Building Fees: Mr. Stearns read the following notice. 

In accordance with RSA 41:9A, the Board of Selectmen will hold a Public Hearing on June 30, 2003 at 8:30 PM at the Planning and Development Department for the purpose of amending the fees charged for permits issued by the Planning and Development Department as follows:

Existing Proposed

Plumbing Permit Priced per fixture New House - $90.00
Addition/Alteration - $35.00
Electrical Permit Priced per unit New House - $90.00
Addition/Alteration - $35.00
Building Permit Fee (by use group)
Application Fee (all) $6.00 $20.00
Business $0.20/sq ft $0.30 / sq ft
Factory & Industrial $0.20/sq ft $0.25 / sq ft
Institutional $0.20/sq ft $0.25 / sq ft
Mercantile $0.20/sq ft $0.30 / sq ft
All Residential $0.20/sq ft $0.30 / sq ft 
Storage $0.15/sq ft $0.20 / sq ft
Pools – In Ground with Fence $30.00 $50.00
Pools – Above Ground $15.00 $35.00
Chimney & Fireplace $25.00 $30.00
Signs – Permanent App. Fee + $1.00/sq ft App. Fee + $1.50/sq ft
Signs – Temporary $25.00 $50.00
Well $30.00 $50.00
Driveway $20.00 $30.00
Blasting $25.00 $100.00 for 30-day period
Re-Inspection New $100.00
Home Occupation New $25.00

Alfred Turner, Planning Director, stated that the fees were last amended in 1997 or earlier and he and staff felt they were presently too low. Mr. Carpenter asked the percentage of increase – Mr. Turner and Mr. Sullivan stated that was the way records were kept previously, and it would be extremely time consuming to figure. Also discussion was held regarding the increase making the department self sufficient. 

Mr. Carpenter motioned and Mr. Doyle seconded to approve the proposed new building fees as read. Passed unanimously.

Donation for Soccer Fields: Mr. Stearns read the following notice. “In accordance with RSA 31:95-b. the Board of Selectmen will hold a Public Hearing on June 30th at 8:30 pm at the Planning Department for the purpose of considering the donation to the Town of a monetary contribution and services from the Windham Soccer Association to be used towards specific improvements to the Searles School Soccer Field and the Nashua Road Soccer Field.” 

Mr. Sullivan stated that this hearing was necessary to formally accept the funds for the work at the fields previously discussed and approved by the Board. Mr. Doyle motioned to accept the donation from the Soccer Association for improvements to Searles School and Nashua Road soccer fields. Mr. Hohenberger seconded. Passed unanimously.

MINUTES: Mr. Doyle motioned and Mr. Carpenter seconded to approve the minutes of June 16, 2003 as presented. Passed unanimously.

CORRESPONDENCE: Request received from the Windham School District for $300,000 to be released to the District from the impact fees. Mr. Doyle motioned to release $300,000 in impact fees to the Windham School District. Mr. Carpenter seconded. Passed unanimously.

Letter received from Ava McGarr in support of the Boards decision to single strip Beacon Hill Road in limited areas in the future for safety reasons. 

Letter received from Fire Chief Messier reporting on the possible use of a pond on Osgood Street as a water supply for emergency operations. He stated that there is no body of water that exists that would meet the immediate needs of the Department should a fire occur in the neighborhood. Therefore, he still supports the need of a cistern.

Letter of resignation received from Jodi Coppeta from the Recreation Committee due to family issues. Mr. Doyle motioned and Mr. Carpenter seconded to accept Ms Coppeta’s resignation with sincere thanks and regret. Passed unanimously.

OLD BUSINESS: Osgood Road Paving: Mr. Sullivan, Mr. Turner and Chief Messier were asked by the Board to provide more information to the Board regarding the use of the remaining road bond for final paving of Osgood Road and legal liability of the Town for issuing building permits on the road when the developer did not install the cistern. 

Mr. Sullivan told the Board that legal counsel stated that the town cannot use bond funds for something other than those items which were part of the original estimate. The road was bonded not the cistern. Town Counsel further stated that if the town did not install the cistern, he felt it is highly unlikely the Town could incur liability. Finally, he could not recommend that the Town spend the bond money on the cistern as the road is not currently accepted.

Mr. Turner explained the paving bids and stated that if we do not spend the funds quickly, they could be attached. Mr. Hohenberger moved to accept the low bid for the paving of Osgood Road from BROX and to have the Highway Agent and Planning Director work with the contractor and inspect the road. Passed unanimously.

The Board further discussed issuing building permits without the cistern being installed. No decision made.

Business & Economic Development Discussion – Tabled.

Road Bond Releases: The Board discussed the request for the release of $44,880 for the Temporary Connector Drive from Station 0 + 00 to Station 5 + 75. This is the Hancook to Overton Road connection. Mr. Hohenberger reminded the members that the recent court case in which the Town will have to issue CO’s commencing 10-1-03. The Board discussed slowing the bond releases and the Selectmen receiving more information regarding the road inspections. The Board agreed to table this request.

The Board discussed partial release of the road bond for Hancock Road. Mr. Doyle moved to approve the partial release of $157,694 for Hancock Road from Station 69 + 00 to Station 713 + 50. Mr. Breton seconded. Motion passed 4-1- with Mr. Carpenter opposed.

Transfer Station Issues: Mr. Sullivan told the Board that he had received a letter from Mr. Poulson, Transfer Station Manager, requesting that the Board table their directives from the workshop and allow him the flexibility to manage the problems with traffic flow at the facility.

Mr. Stearns and Mr. Hohenberger stated that the traffic flow on Saturday was improved with personnel directing patrons. Mr. Carpenter motioned to table the Board’s recent directive and to allow Mr. Poulson discretion to manage the Transfer Station within the general operating guidelines. Mr. Doyle seconded. After discussion Mr. Carpenter amended his motion to only table the portion of the directive dealing with traffic control and the remainder of the directive remain in effect. Mr. Doyle seconded as amended. Passed unanimously. 

NEW BUSINESS: Mr. Sullivan told the Board that he would repost for the release of a road bond on Easy Street for $9,500.

NON-PUBLIC SESSIONS: Mr. Doyle motioned and Mr. Hohenberger seconded to go into non-public sessions in accordance with RSA 91-A:3, IIb. Roll call vote – all members – yes. The Board and Mr. Sullivan were in attendance. Subjects were personnel.

Mr. Doyle motioned and Mr. Hohenberger seconded to approve the hiring of a part time building inspector pending background and medical checks. Passed unanimously.

Mr. Hohenberger motioned and Mr. Carpenter seconded to approve a candidate for the position of deputy town clerk based on concurrence of the Town Clerk and pending background and medical checks... Passed unanimously.

Mr. Hohenberger motioned to adjourn. Mr. Carpenter seconded. Meeting adjourned at approximately l11:30 pm.

Respectfully submitted,

Kathleen Davis
Administrative Assistant

NOTE: These minutes are prepared in draft form and have not been submitted to the Board for approval.