MEMBERS PRESENT: Ralph Williams, Douglass Barker, Charles McMahon, Carolyn Webber and Margaret Crisler. David Sullivan, Town Administrator was also present. Meeting opened at 7:35 pm.

ANNOUNCEMENTS: Mr. Williams expressed the Board's sympathy to the family of Mary Long, a long time resident of Windham, who had recently passed away.

Mr. Williams discussed the annual audit report as presented at the last Selectmen's meeting and extended the Board's appreciation to Mr. Sullivan for his efforts last year in terms of the budget and other financial matters.

PRESENTATION: Mr. Sullivan presented a letter of commendation and a framed picture of the newly painted Town Hall complete with new shutters to Mike Blundell in appreciation for his efforts in constructing thirteen (13) new wood shutters for the building. Mike had undertook the project for his Eagle Scout badge. The Board also offered their appreciation and congratulations on a job extremely well done.

Mr. Barker announced that the Library dedication will be held this Sunday at 2pm.

Mr. Barker reminded everyone to return their completed census forms to the Town Clerk.

POLICE BUILDING UPDATE: Chief Moeckel announced that the Police Committee has awarded the site excavation contract to ML and Sons of Pelham, NH. The site was cleared this past week and the construction manager is currently finalizing the bid specifications for the foundation work and hopes to have them out for bid by next week.

Chief Moeckel further stated that the Committee has met with the Technical Advisory Committee to discuss phone systems and the use of the generator. Further analysis is needed on the generator's capacity and whether it will provide for both the fire and police stations. The Committee will present more details at the next meeting.

Finally, the Chief stated the Committee recommended that the town wait to apply the final coat of pavement on Fellows Road until the Police Station is completed. This recommendation is based on concerns that the roadway could be damaged by the heavy construction vehicles traveling to and from the police station construction site.

Mr. Barker disagreed with the recommendation stating that if the road was constructed correctly there was little potential for damage.

Mr. McMahon stated that he was supportive of not paving at this time due to the potential damages and safety concerns.

Mr. Turner stated that the Department of Transportation has issued an amended driveway permit for the Police Station. The State also plans on installing the traffic signals during the early part of 1998.

Mr. Williams summarized the issue regarding applying the final paving coat as: (1) if the town paved, there was the potential for damage to the road due to heavy construction vehicles and (2) if the town waited to pave, there was the potential damage to exposed catch basins and an increased cost for the work.

Mr. McMahon moved not to pave the final coat as recommended by Mr. Turner, to install two spare conduits at a cost of $1,510, and to pave around the catch basins to provide them some protection. Ms. Webber seconded. Passed 4-1 with Mr. Barker opposed.

JEFF BRILLHART - Mr. Brillhart, Department of Transportation, presented the State's proposed plans to improve the park and ride lot on Route 111. The proposed improvements include a bus shelter, bike lockers, more lights, new paving and re-striping. He hopes to advertise next month and was looking to the Town for any comments on the plan.

Mr. Williams suggested that they need to address landscaping in front of the lot. Ms. Webber expressed concern about the shelter and asked that they consider alternatives to the basis aluminum and plexiglas structure that would be more aesthetically pleasing.

PUBLIC HEARING-SEARLES ROAD: The Board held a public hearing in accordance with RSA 231:8 on the potential reclassification of a portion of Searles Road from a class VI road subject to gates and bars to a class V town maintained road.

Mr. Craig Francisco, Bedford Design, who was representing Steve Allen and Stoneywyke Development, presented the proposed plans to reconstruct a portion of Searles Road which is presently classified as a class VI road subject to gates and bars. He stated that all state permits have been secured for the project. The initial development consist of a five (5) lot subdivision. Further development in this area could consist of up to 180 additional homes.

Ms. Webber questioned whether a traffic study had been done of the area. Mr. Francisco answered that no study has been done. She stated that she felt two (2) exits out of this area was necessary for the traveling public.

Mr. Turner stated that he planned on recommending to the Planning Board that the intersection of Governor Dinsmore and Searles Road be completely reconstructed as part of any further development in this area beyond the five (5) lot subdivision directly off of Searles Road.

The following individuals testified at the public hearing: Robert Skinner, Nelson Cook, Arlon Sieve, Carol Pynn, George Grenier, Mable Brown, Sam Nassar, Bruce Richardson, and Nancy Sullivan. Concerns expressed included such issues as (1) the potential increase truck traffic coming from Derry using Searles as a through street to Route 93, (2) the need for an overall traffic study of the area, (3) drainage concerns and slope problems at intersection of Governor Dinsmore and Searles, (4) a promise from the Planning Board ten (10) years ago that there would be no further development approved without a second egress from the area, (5) congestion at the Searles Road and Rte 111 intersection, (6) the width of the road and whether it could be narrower, (7) saving of stones if walls are moved, (8) slope of road, (9) blasting causing damage to existing homes and wells. Those that spoke in favor of the plan expressed that the owner had the right to develop his land and that they were doing so at their own expense.

Mr. Williams confirmed with the developer that they were agreeing to assume all cost of the project and that no betterment fees would be borne by the abutters. Mr. Francisco confirmed that the developer was paying all costs.

Mr. Bernard Campbell, Town Counsel, reviewed the options available to the Board and stated that RSA 231:23 allows a single owner to pay all costs associated with the project. He further suggested that the Board could require a performance bond to be posted for the work and that the Town could issue a license to the developer to perform work in the town's right of way.

Mr. Williams closed the public hearing portion of the meeting.

Mr. McMahon moved to find an occasion or need to serve the public interest and reclassify the portion of Searles Road from Class VI to Class V in accordance with the plan presented by Bedford Design. Mr. Barker seconded.

Mr. McMahon stated that he supported the reclassification due in part to the drainage problems and that the cost associated would be borne by the developer.

Ms. Webber stated that she felt it should be up to the town meeting to vote to reclassify as they had been the ones to classify it as a class VI road.

Mrs. Crisler stated she supported the reclassification as the developer is correcting several problems including the Governor Dinsmore intersection.

Mr. Williams stated that he felt the developer was addressing the concerns and although he felt the town is quickly being developed, the owner has the right to develop his property and the end result is that the abutter may be getting a better roadway given the present proposal for five (5) homes.

Motion to reclassify to Class V passed 4-1 with Ms. Webber opposed.

Mr. Barker moved that in accordance with RSA 231:23 that the developer shall be responsible for the entire cost of the improvements to the portion of Searles Road being reclassified as proposed by Bedford Design. Mr. McMahon seconded. Passed unanimously.

Mr. Barker moved that the town grant the developer a license to work within the town's right of way to complete the work, to post a performance bond in an amount to be determined by Mr. Turner, to have the bond expire in twelve (12) months or be callable by the town, and to have all work completed in accordance with all rules and regulations of town ordinances. Mr. McMahon seconded. Passed unanimously.

BOARD INTERVIEWS: The Board interviewed Mr. Tony Massahos for an appointment to the Highway Safety Committee.

KAREN ROULET: Mrs. Roulet requested the Board authorize the release of the name of the individual who filed a complaint against her keeping chickens in a residential zone. The name of the complainant was not released by the building department in accordance with a 1995 directive issued by the Selectmen that complainant names not be released.

Mr. Williams explained the reason for the directive and that he was not in favor of changing the policy. Mr. McMahon, who was not on the Board at the time of its adoption, spoke against the directive and believed that in fairness the individual should have the right to face their accuser.

Mrs. Roulet felt it was a travesty of justice that she could not get the name of the complainant.

Ms. Webber suggested that Mrs. Roulet submit a petition to the next annual town meeting to amend the zoning regulations to allow the chickens or other animals be allowed in the zone under some limits.

Mr. McMahon moved to rescind the policy adopted by the Board in 1995. The motion failed due to lack of a second.

DICK FORD: Mr. Ford and Mr. Jeff Comeau presented the town web site and showed the Board what is currently on the site, including links to the Library site and the Suzdal, Russia site. They encouraged the Board and others to be thinking of items to put on the site. Any items to be incorporated can be left at the police station where Dick will pick them up. The site address is www.town.windham.nh.us. The Board acknowledged the efforts of both Dick and Jeff and expressed excitement about the sites future.

FELLOWS ROAD UPDATE: Mr. Turner presented the Board with several options regarding the existing galvanized guardrail on Fellows Road. Options included: (1) painting the steel with a dark brown paint - $1,200 or (2) Replacing the steel with wood rail - $1,700. Mr. Turner recommended against wood rail due to it not meeting State DOT standards and its potential to splinter. Further he presented the following options for a guardrail on the opposite side of the roadway (1) 170 feet of galvanized steel - $2,400, with $1,200 extra to paint in dark brown or (2) 170 feet of wood rails -$2,130. Again he recommended against the wood.

Mr. Williams stated that he did not like any of the options. Mr. Barker noted that he wants to see things done with safety in mind and will not be a party to installation of any guardrail that does not meet NHDOT standards. Mr. McMahon agreed with Mr. Barker stating that there is a safety factor and the town is liable. Mrs. Crisler noted that she too did not like the options, but agreed that a guardrail was necessary and that the wood is not safe.

Mr. McMahon moved to put a galvanized steel guardrail on the easterly side of Fellows Road as proposed. Mr. Barker seconded.

Mr. J. Gross suggested that a recycled plastic facia be installed over the existing rail.

Motion passed 3-2 with Mr. Williams and Ms. Webber opposed.

PAVING CONTRACT - FELLOWS ROAD: Mr. Turner explained that the town had received a commitment letter from the State DOT relative to the Rte 111 / Fellows Road intersection. He recommended that the Board move to approve the contract with Continental Paving in the amount of $44,240 for the shimming and overlay of Fellows Road and Route 111 which represents the town's share of the project.

Mr. Barker moved to approve the contract as proposed. Mr. McMahon seconded. Passed unanimously.

EMERGENCY MANAGEMENT: Mr. Barker presented the draft Emergency Management Plan to the Board for comment and approval. The Board members commended Mr. Barker and the Emergency Management Committee on an excellent job. Members had minor comments which they will submit to Mr. Barker for incorporation into the plan and will consider the plan for approval at the October 6, 1997 meeting.

LIASION REPORTS: Ms. Webber noted that the Cemetery Trustees have (1) sold eleven (11) benches, (2) have plans on installing a water tank at the Cemetery on the Hill, and (3) will be reseeding the area on the Cemetery on the Plains in front of the Playground. She further noted that honking of horns continues to occur along the cemetery road during late hours of the evening.

Mrs. Crisler noted that the Recreation Committee continues to work on developing flow diagrams and procedures for the activities they directly oversee or are involved with to some extent. Mr. Urguhart, Chairman of the Recreation Committee, clarified that the intent of developing these procedures was not to take over control of all issues but rather to show what happens and who is responsible for the various aspects of an event or occasion. Mr. Urguhart further explained why only four (4) members of the Committee attended a planned Band rehearsal. He stated that the Recreation Committee was meeting with representatives from UNH and reviewing all the sportsfields that evening. Unfortunately the meeting went longer than expected and conflicted with all members hearing the band. He said that this was not intentional, that he contacted the band directors personally to explain, and that the Committee continues to be very supportive of the band.

Mrs. Crisler noted that the Planning Board's workload continues and that they are meeting weekly. She stated that the Planning Board will attend the joint workshop with the Selectmen but requested the Board establish a set agenda and also invite Chief Bliss, State Fire Marshall.

Mr. McMahon stated that he felt the water supply issue was a separate item which should be discussed with the Planning Board and Chief Lipe independent of this session. Further he felt this session should be broad in nature and to discuss internal concerns. Mr. Barker concurred.

The Board agreed that it was not appropriate to invite Chief Bliss at this point in time and further that the agenda should be broad in scope. Some issues that will be discussed include (1) how to optimize Mr. Turner's position, (2) internal concerns, and (3) general concerns with the Board's role in the planning process specifically in terms of some recently enacted legislation.

Mrs. Crisler noted that the Library dedication will occur on Sunday, September 22, 1997 at 2:00pm. The Town Band will begin playing at 1:30pm.

Mrs. Crisler reminded everyone that all committees and boards must post their meeting notices. Some committees have not been doing this consistently.

Mr. McMahon updated the Board on the CIP schedule and informed them that the Committee was making good progress.

Mr. Williams noted that the Cable Board met with the Alliance group and was able to gain good information relative to cable franchise negotiations.

CONSENT AGENDA: Mr. Barker moved to approve the Payrolls of September 16th and 23rd, the manifest of September 15th and 22nd, the Treasurer's report for July, and the minutes of September 8th with the following amendment:

(1) Mrs. Crisler noted that she did not approve the amended GMP contract with Wrenn due to the fact that she had insufficient time to read the document.

Mr. McMahon seconded. Passed unanimously.

CORRESPONDENCE: Letter received from the Windham Garden Club offering to plant a butterfly garden, to install a watering system, if monies allow, at the new library and to maintain it as part of their annual responsibilities. Mr. Barker moved to approve the offer. Mr. McMahon seconded. Passed unanimously.

Letter received from the County Office notifying the Board of an upcoming public hearing on an amendment to the County budget.

Purchase order received from Chief Lipe requesting approval of $4,587 for the purchase of miscellaneous fire equipment as planned in the 1997 budget. Mr. Barker moved to approve as requested. Mrs. Crisler seconded. Passed unanimously.

Letter received from the Planning Board recommending the final release of a bond for Indian Rock Auto Sales in the amount of $15,250. Mr. McMahon moved to sign the release. Mrs. Crisler seconded. Passed unanimously.

Note received from Joan Tuck, Town Clerk, informing the Board that several committee appointees have yet to be sworn into office. Mr. Sullivan will send a letter to these individuals.

OLD BUSINESS: The Board discussed their proposed Rules of Procedure. Mr. McMahon moved to approve the draft dated September 19, 1997. Mr. Barker seconded. Passed unanimously. The Board instructed Mr. Sullivan send a letter to all Committees requesting they develop similar rules of procedures if they have not already done so and to include the Board's rules as a guideline.

NEW BUSINESS: The Board reviewed a draft policy on Appointment Rules of Procedure. All agreed that they would submit their comments to Mrs. Crisler for review and incorporation into the draft. The revised draft will be considered at a later date.

ARMSTRONG BUILDING REQUEST FOR PROPOSALS: Mr. Sullivan noted that the Re-Use Subcommittee has completed their recommendations on how to renovate the Armstrong Building for the use of the Historic, Cable and Cemetery Committees. He presented the Board with a diagram and explained the proposed specifications. Four (4) separate bid specifications will be sent out for bids: Woodwork refinishing; Wood Floor refinishing, General renovations, and heating, ventilation, and air conditioning (HVAC). All specifications are ready for distribution with the exception of the HVAC. He requested the Board approve submitting the specifications with a return date of October 31, 1997. Mr. Barker moved to approve the request. Mrs. Crisler seconded. Passed unanimously.

TOWN COMPLEX ISSUES: Mr. McMahon requested the Board address the vegetation on the town complex at a future meeting. The Board agreed.

Mr. Barker moved to appoint Mr. Sullivan and Mr. Turner as overseers of the town complex development. They will be responsible for assuring that the individual components fit together and to handle any overall complex concerns. They shall also report to the Selectmen on a periodic basis. Mr. McMahon seconded. Passed unanimously.

Mr. McMahon requested that the Board discuss the future use of the existing Police Station at a later meeting. The Board agreed to do so on October 20th.

Mrs. Crisler noted that she had been approached by an individual interested in serving on the Cable Board. Mr. Williams will advise the Cable Board.

Mr. Sullivan requested the Cable Board be authorized to seek proposals from attorneys for assistance during the cable franchise negotiations. Mr. Barker moved to approve as requested. Ms. Webber seconded. Passed unanimously.

Mr. Sullivan advised the Board that he was being considered for appointment to the NHMA Health Trust Board of Directors. The commitment involved approximately seven (7) daily meetings per year as well as a week of training conferences. He requested that the Board support the nomination and authorize the commitment. Mr. Barker moved to support Mr. Sullivan in this commitment. Ms. Webber seconded. Passed unanimously.

NON-PUBLIC SESSIONS: Mr. Barker motioned to go into non-public sessions in accordance with RSA 91-A:3, II, a, c and e. Mr. McMahon seconded. Roll Call Vote - all members - yes. The Board and Mr. Sullivan were in attendance in all sessions. Subjects were personnel, reputations and legal.

PUBLIC SESSION: The Board discussed a personnel matter and Mr. Sullivan will follow-up.

The Board discussed a legal matter. Mrs. Crisler will follow up with Mr. Sullivan and Attorney Campbell.

The Board reviewed two (2) department head evaluations. Mrs. Crisler moved to elevate Mr. Fedele and Mr. Turner off of probationary status and into permanent employee status. Ms. Webber seconded. Passed unanimously.

The Board discussed appointments to the Highway Safety Committee. Mrs. Crisler moved to appoint John O'Conner as a regular member. Ms. Webber seconded. Passed unanimously.

Respectfully submitted,

David Sullivan,
Town Administrator

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