MEMBERS PRESENT:Ralph Williams, Douglass Barker, Charles McMahon, Carolyn Webber and Margaret Crisler. David Sullivan, Town Administrator, was also present. Meeting commenced at 7:00 pm.

The Board, Attorney Campbell and Mr. Sullivan met from 7::00 until 9:10 pm to discuss legal matters. The meeting was held in the Armstrong Building. Subjects were legal matters.

REGULAR SESSION: The Board's regular meeting commenced at 9:15 pm. Mr. Williams wished everyone a Merry Christmas.

ANNOUNCEMENTS: Mr. Williams stated that the Christmas Tree lighting was a huge success and the decorations were beautiful. He further congratulated the Historical Committee on a wonderful concert at Searles earlier this month. Mr. Williams thanked the Women's Club with their help for those in need.

Town Offices will close at noon on December 24th and reopen on Monday, December 29th.

Mr. Williams stated that the Attorney General's Office is investigating a complaint by a developer in town. He stated that the developer is trying to coerce Mrs. Crisler to resign from the Planning Board.

MINUTES: Mrs. Crisler motioned to accept the Selectmen's minutes of December 1, 1997. Mr. McMahon seconded. Ms Webber amended the minutes to reflect under non-public session Ms and not Mr Webber seconded the motion. She also noted that the concert was sponsored by the Historical Committee not Commission. Mr. Barker read the following amendment - "Page 1 public session - delete end of 3rd line "and no decisions were made". Add "In non-public session a roll call was requested and taken by the Chairman to institute proceedings under RSA 673:13 to consider removal of Mr. Bruce Richardson from the Planning Board. After a short discussion, the Chairman took a roll call vote on the question and it passed by a vote of three (3) to two (2) with Mr. Barker and Mr. McMahon opposed. The Chairman then stated that he would advise Town Counsel of the decision and request Town Counsel to provide guidance as to what the next steps and timing should be". Minutes were approved as amended by a 4-1 vote with Mr. Williams opposed.

Ms Webber motioned that instead of beginning removal processes of Mr. Richardson that the Board meet with him in non-public session to discuss his actions. Mr. McMahon seconded. Passed unanimously. Mr. Sullivan will schedule a meeting with the Board and Mr. Richardson as soon as possible.

POLICE BUILDING UPDATE: Police Chief Moeckel gave the Board the following update:

The main floor cement planking has been placed and set;
Mechanical work has begun - the duct work for the heat and furnace;
Steel work for the stairs came in today and is being erected;
Block work in the Booking Room has begun;
Gas lines are being installed and
The rear wall on the main level has been started.

He also stated that the committee has had to cut almost $80,000 off the project due to high costs.

CONSERVATION COMMISSION: Nancy Surette, member of the Conservation Commission, gave a brief history of the Southeast Lands sub-committee. She requested that the Board place the following articles on the warrant.

Article 1 - To Designate Parcel 25-R-7010 as Conservation Land - To see if the Town will vote, in accordance with RSA 80:80 (V) to retain Lot 25-R-7070, acquired by tax deed, and further to designate said parcel as Conservation Land under the care of the Conservation Commission. Said parcel is located at the end of Bayberry Road and is approximately 17 acres in size.

Article 2 - To Allocate 100% of the Current Use Taxes to the Conservation Fund. To see if the Town will vote to deposit 100% of revenues collected pursuant to RSA 79-A (The Land Use Change Tax) in the Conservation Fund in accordance with RSA 36-A:5 III, as authorized by RSA 79-a:225 II. The Town currently allocates 20% of the revenues collected, with an annual limit of $25,00.

Mr. Sullivan stated that the Board will have to recommend or not recommend approval on these articles on the warrant.

Mrs. Crisler motioned to place the above articles on the warrant. Ms Webber seconded. After discussion of these articles, the motion passed 3-2 with Mr. Barker and Mr. McMahon opposed.

RUDY PIVOVAR: Mr. Pivovar read a statement regarding Mr. Williams treatment of his letter of resignation at the meeting two weeks ago. He stated that he felt his volunteer work over the past years was ignored and not appreciated. He wanted his letter read in full stating his personal reasons for resigning. Mr. Pivovar read his letter of resignation and stated that in the future he will be working with the Friends of Windham Arts and Recreation.

GRIFFIN PARK COMMITTEE: Rick Hancock, Chairman of the Griffin Park Committee, spoke relative to a request by the Committee seeking the Board's support for $500,000 being incorporated in the Town Warrant. These funds would support phase one. Board members stated that although they are in support of this project, there are many other funding priorities this year.

Neil Gallagher spoke in support of the funding - stating the CIP presently has too low a ceiling, the fire station and school building were two years away and that he was concerned that organized sports would collapse if more fields are not provided. He asked that the people be allowed to choose.

Dennis Butterfield also spoke in support of the funding. He also stated that the CIP needed to be updated.

Mr. Williams and Mr. McMahon both commented on the CIP cap and that it has not been adjusted. Mr. McMahon suggested using the Fund Balance of approximately $189,000 for Griffin Park development.

Mr. Hancock stated that the Committee would not go around the Board and that the Board's decision on the funding would impact their future direction.

Mr. McMahon motioned to hold making a decision on this matter until budget meetings. Mr. Barker seconded. Mrs. Peltz stated that the town had used the surplus for buying the land, so the fund had been used in the past. Motion passed unanimously.

Mr. McMahon thanked the committee and stated that they were an excellent committee and did great work.

THOMAS CASE: Mr. Case commented that the Christmas Tree lighting this year was very nice but that did not diminish past years and the work those volunteers did.

Mr. Case stated that he had sent a letter to the Board requesting the minutes of the non-public session the Board held on December 1st and to date has still not received them. He stated that Mr. Sullivan told him the public minutes included them. He also commented on the Board's meeting at Searles a few weeks ago.

LIAISON REPORTS: Ms Webber stated that the Historic District Commission met last week- topics included: saving trees at Griffin Park, planting shrubs to hide the handicap ramp between the Building Department and Senior Center, Heritage Commission and the placement of the air conditioner at the Armstrong Building.

COMMENT : Louise Peltz told the Board that as a member of the Recreation Committee she appreciated the Board's praise and support, however, she does not wish to have the work of past volunteers lessened.

LIAISON REPORTS CONTINUED: Mrs. Crisler reported that Recreation Committee did an excellent job with the tree lighting. They are presently working on budgets and their proposed procedures for presentation at Town Meeting.

Mrs. Crisler reported that the Technical Committee sponsored a HTML class presented by Dick Forde and are considering other courses. They also discussed laptop computers for the police cruisers, GSI grant, generator, radio issues and noted that school closings will now be on the Windham Webpage.

Mrs. Crisler stated that the Planning Board is reviewing zoning amendments and noted that Water's Edge is scheduled for December 19th.

Mr. Williams reported that the Cable Board discussed hiring an attorney for the franchise work and possible new members for the Board.

CONSENT AGENDA: Mr. Barker motioned to approve the payrolls of December 9th and 16th and the manifests of December 8th and 15th. Mr. McMahon seconded. Passed unanimously.

CORRESPONDENCE: Letter received from the Windham Community Band, on behalf of the Windham Friends of Arts and Recreation, acknowledging generous donations the Band has received. Mr. Sullivan noted that a previously scheduled Public Hearing to accept some of these donations is not necessary and thus has been canceled.

Letter received from Claire St. Laurent regarding town funds being spent on repairs for Sawtelle Road. Mr. Sullivan will follow-up with a letter indicating that the Town is not allowed to expend public funds on private roads.

A request, approved by the Planning Board, was received to release a partial road bond ($6,224) for Coachman Road. Mrs. Crisler moved to release the bond as described above. Mr. McMahon seconded. Passed unanimously.

Memo received from Pat Skinner, Chairman-Nesmith Library Board of Trustees, regarding maintenance of the Nesmith Library. Mr. Sullivan will follow-up.

Memo received from Douglass Barker explaining that the "Stop Ahead" sign on Cobbetts Pond Road was installed by the NH DOT and detailed their reasons for its need.

OLD BUSINESS: Police Grant - The Board discussed funding the grant application for the fitness grant that Police Officer Comeau presented at an earlier meeting. Town funding will be approximately $5000. After much discussion, Mr. Barker motioned to support the grant and put the monies in the Police budget. Mr. McMahon seconded. (Motion made, withdrawn and made for the second time.) Passed unanimously.

Griffin Park Timber Harvest - Mr. Sullivan requested that the Board waive the timber tax and bonding requirements relative to the timber harvesting on Griffin Park. Also, he requested the Board waive the bid process relative to the actual logger and allow our forester to work with a firm that he has a good relationship with (to insure the integrity of the cuts). Mr. McMahon so moved. Mr. Barker seconded. Passed unanimously.

Armstrong Building - Mr. Barker motioned to reject HVAC bids received for the Armstrong Building. Mr. McMahon seconded. Passed unanimously.

Water Supply - Ms Webber motioned to order Fire Chief Lipe to insure that the water supply is sufficient for all new subdivisions. Mrs. Crisler seconded. Mr. McMahon stated this is a Planning Board issue. Mr. Williams stated the Selectmen were responsible for public safety. Chief Lipe and David Sullivan stated the Board of Selectmen had previously agreed to ask the Planning Board to select members to meet with the Chief and Selectmen representatives to discuss this issue. They both noted that in the interim, the Chief is still reviewing all plans and making recommendations. The Board is awaiting a response from the Planning Board on this issue. Ms Webber withdrew her motion and Mrs. Crisler withdrew her second.

Generator - Mrs. Crisler asked the status of the generator which is stored at the Transfer Station. Mr. Sullivan replied that he is awaiting word from the School Board who is meeting tomorrow evening; also two persons have inquired and he will also contact the Sisters of Mercy.

Cleaning Services Bids - The following bids for Cleaning Services for Town facilities were opened on December 10th:

Mr. Sullivan requested the Board hold off on any action until he reviews further and discuss again at their meeting on December 29th. The Board agreed.

NEW BUSINESS: The Board received six petitions for amendments to the Zoning Ordinance. Margaret Crisler motioned to accept the petitions submitted by Wayne Bailey, Jeffrey Thompson, Donna Mae Morgan (2 petitions) and Elizabeth Dunn and to reject the petition submitted by Karen Roulet-Little as it is illegal as presented. Mr. McMahon seconded. Passed unanimously. The petitions will be forwarded to the Planning Board for action. Mrs. Crisler volunteered to contact Mrs Roulet-Little and work with her on her petition.

Emergency Management Grant - Mr. Barker told the Board that he, Chief Lipe, Lt Fruchtman and FF Worthington have been putting together a Grant Application for $5,900 for a Hazardous Material Response Plan. He asked the Board's approval to proceed. Mr. McMahon so authorized. Mrs. Crisler seconded. Passed unanimously.

Deputy Fire Chief Job Description - Mr. Barker motioned to approve the job description for the deputy fire chief. Ms Webber seconded. Mr. McMahon verified that this position would participate in responses to fire calls and perform EMT requirements. Motion passed unanimously.

The Board deferred action on the Fire Department as a Blue Cross Provider until their December 29th meeting.

Mr. Sullivan was in receipt of a letter from Bruce Flanders, Health Officer, recommending that he and a representative from the Cobbetts Pond Village District be authorized to do further testing and a site assessment of the Cobbetts Pond Watershed. Mr. McMahon moved to approve this request. Mrs. Crisler seconded. Passed unanimously.

WORKSHOP WITH FIRE STATION BUILDING COMMITTEE: The Committee met to update the Board on their work to date. Items discussed included sprinkler requirements, entire site and water needs, installation of a fire pump and tank with estimated cost to be $150,000. The committee recommended and the Board approved this $150,000 be treated as a separate Warrant Article. Funding estimate has increased from $1.3 million to 1.6 million to build a 16,000 square foot building.

The Committee will make a formal presentation at the meeting on February 23, 1998.

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

First Session: Subject - Fire Union Negotiations - The Board reviewed a tentative agreement between the Union and the Town. Mr. Barker moved to approve the agreement. Mr. McMahon seconded. Passed unanimously. The agreement is for 2 years with a 3.6% increase in year one and 3% increase in year two of the contract. In addition a .6 % incentive for EOA has been eliminated (all unit members were presently receiving this; and health insurance co-payments will increase by $2 per week and accrued earned time at termination will be capped at 100 days.

2nd Session: The Board discussed legal representation for the Cable Board relative to the Franchise Agreement. Mr. McMahon moved to accept the Cable Board's recommendation to hire Atty Ciandella. Ms Webber seconded. Passed unanimously.

3rd Session: The Board discussed appointments to the Cable Board and tabled it until they meet with the Cable Board.

4th Session: Mr. Sullivan discussed municipal negotiations with the Board and he will follow-up.

5th Session: Mr. Sullivan presented the Board with a MOU regarding an employee leave of absence. Mr. Barker moved to authorize Mr. Sullivan to sign the leave of absence pending union approval. Mr. McMahon seconded. Passed unanimously.

Mr. Barker motioned to adjourn. Mrs. Crisler seconded. Meeting adjourned at approximately 1:00 am.

Respectfully submitted,

Kathleen M. Davis
Secretary

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