December 5, 2000






PRESENT:           Mr. William McDevitt, Ms. Deb Casey, Mr. Harold Lynde, Mr. Harold Lynde, Mr. Greg                               Farris


Also present:       Mr. James Pitts, Town Administrator, members of the press and general public.


ABSENT:             None.


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




November 21, 2000


MOTION:           (Casey/Hardy) To accept the minutes of the November 21, 2000 Board meeting as                                        amended.


VOTE:                 (4 - 0 - 1) The motion carries.  Mr. Farris abstained.




No public input.




Mr. Roland Soucy - Discussion regarding code enforcement.


MOTION:           (Casey/Lynde) Request for a non-public session per RSA 91-A:3,II,a&c.


ROLL CAL:       Mr. McDevitt-Yes, Ms. Casey-Yes, Mr. Hardy-Yes, Mr. Farris-Yes, Mr. Lynde-Yes


The Board returned to public session at approximately 7:16 pm.






Mr. McDevitt informed that the transfer station Warrant Article, which passed last March, didn’t contain wording to permit it from being extended past December, 2000 (the Selectmen discussed further during New Business).  He asked Mr. Pitts if there were any Warrant Articles submitted this year that may need additional language.  Mr. Pitts suggested that #11 (Traffic Study) and #21 (Municipal Space) be converted to non-lapsing per RSA 32:7.  


MOTION:           (Lynde/Hardy) To amend Warrant Article #11 to include non-lapsing language.


VOTE:                 (5 - 0 - 0) The motion carries.


Ms. Casey asked that #17 be considered as well.


MOTION:           (Hardy/Farris) To reconsider Warrant Article #11, #17 and #21.


VOTE:                 (5 - 0 - 0) The motion carries.


MOTION:           (Hardy/Casey)   To insert the appropriate language as described by the Town                                                   Administrator in Warrant Articles 11, 17 and 21.


VOTE:                 (5 - 0 - 0) The motion carries.




Mr. McDevitt said the final wording was being worked on, so at this point the article was a placeholder.  Mr. Pitts informed that DRA and Town Counsel were reviewing and should have an answer tomorrow (Wednesday, December 6, 2000).  Mr. McDevitt requested a phone vote for tomorrow (Wednesday, December 6, 2000) to be followed by confirmation at the next meeting.




Mr. McDevitt said the Budget Committee had wording suggestions, which they felt would be non-confrontational.  He began with the Animal Control Officer’s pick-up truck.  He said the Police Chief recommended a change in the amount from $25,250 to $19,400. 


MOTION:           (Hardy/Casey) To reconsider the Warrant Article.


VOTE:                 (5 - 0 - 0) The motion carries.


Mr. Hardy made a motion to change the amount to $19,400.  Ms. Casey seconded. 


There was a discussion of what the lower price would include.  Mr. Farris was concerned that the truck wouldn’t include light bars, lettering or radio.  Mr. Pitts’ belief was they had received an updated State bid price.  Mr. Pitts phoned the Police Chief for confirmation, who informed he had the light bar for the Animal Control vehicle, but asked for a raised amount to $19,800 to cover a locking toolbox and a couple other amenities.


Mr. Hardy withdrew his motion and Ms. Casey withdrew her second to be replaced with the following.


MOTION:           (Hardy/Casey) To change the amount to $19,800.


VOTE:                 (5 - 0 - 0) The motion carries.


Mr. McDevitt said next Warrant Article for reconsideration was the Ford Crown Victoria Police Interceptor amount to be lowered to $27,238, based on updated information.


MOTION:           (Hardy/Casey) To reconsider the Warrant Article.


VOTE:                 (5 - 0 - 0) The motion carries.


MOTION:           (Hardy/Casey) To change the amount to $27,238.


VOTE:                 (5 - 0 - 0) The motion carries.


Mr. McDevitt moved to the next issue, which was the Fire Department staffing increase.  He said the Budget Committee suggested deleting “full-time” and replacing with “24  hours, 7-days a week,  365 days a year”.  There was a brief discussion in which Ms. Casey suggesting wording as follows “funding six new full-time fire fighting positions for the purpose of providing 24 hours a day, 7 days a week, 365 days a year coverage.”


MOTION:           (Hardy/Casey) To reconsider the Warrant Article.


VOTE:                 (5 - 0 - 0) The motion carries.


MOTION:           (Hardy/Casey) To add Ms. Casey’s proposed language “funding six new full-time fire                                    fighting positions for the purpose of providing 24 hours a day, 7 days a week, 365 days a                                              year coverage.”


VOTE:                 (5 - 0 - 0) The motion carries.


Mr. McDevitt reviewed the Warrant Article that requests $10,000 for emergencies.  He said the Budget Committee suggested adding the words “existing Town facilities”.


MOTION:           (Hardy/Casey) To reconsider the Warrant Article.


VOTE:                 (5 - 0 - 0) The motion carries.


MOTION:           (Hardy/Casey) To insert the word “existing” in the appropriate spot.


VOTE:                 (5 - 0 - 0) The motion carries.






Mr. McDevitt informed that the Warrant Article didn’t contain automatic rollover language, therefore the money would be expiring December 31, 2000.  He said Waste Management should be getting back to Ms. Casey regarding an estimate. 


Mr. Lynde said that one of the components was a retaining wall, and if it were in place they could start now with an open-top container, it would just be missing the canopy.  Ms. Casey warned against using the open-top container without a canopy because the Town would be paying for transporting water.  Mr. McDevitt felt it was best to wait for Waste Management to get back with an answer.  Mr. Farris asked if the transfer station budget would have to be adjusted based on the information from Waste Management.  Ms. Casey said yes and said it would probably go down.  Mr. McDevitt said the new numbers would be provided to the Budget Committee as soon as they received them. 


There was a brief discussion regarding compacting versus open-top containers.  Ms. Casey said the way the bid was set up was with the compactor separate.  She informed that compaction is being done now and there was a sizable amount more of trash that is able to be put into the containers.  Mr. Lynde asked if data could be compared from other towns using an open top container.  Ms. Casey said it would still need to be compacted and suggested that the data from Pelham be reviewed.  She said the Town was using 30-yard open-top containers until approximately a month ago.  The advantages and disadvantages of open-top containers were discussed.  Mr. McDevitt asked Mr. Pitts to review comparison data. 




Mr. Pitts said his concern was to review the moderator’s notes from the last session.  He’d like to know if the Board would consider finalizing the location of the election, voting hours and to possibly select a date.  There was a brief discussion regarding the issues Mr. Pitts brought up.


MOTION:           (Casey/Lynde) To have the deliberated session at 7:30 pm, February 6, 2001 at Memorial School.


VOTE:                 (5 - 0 - 0) The motion carries.


Mr. Pitts will convey the decision to the moderator.


Mr. McDevitt read the list of issues the moderator provided:

               a) Ballot voting at Pelham High School

               b) Limiting the number of Warrant Articles

               c) Wording to be understandable English

               d) Use of wheelchairs

               e) Number of voting booths

               f) Police Officers (continue to have two)

               g) Number of ballots to be ordered

               h) Average time in booth

               i) Deliberated sessions

               j) September primary, and November elections 


Ms. Casey said the other issue was whether the voting hours would be changed from 7am-7pm.  There was a discussion regarding the possibility of changing the voting hours.


MOTION:           (Casey/Lynde) To keep the voting hours from 7:00am-7:00pm at Pelham High School.


VOTE:                 (3 - 2 - 0) The motion carries.  Mr. Hardy and Mr. Farris voted no.




Ms. Casey informed that during the last Planning Board’s meeting the builder and developer made a voluntary decision to provide 20,000 square feet on ML 4-140-30.  She said the recommendation from the Planning Board was whether or not to accept the parcel.   She said that the Selectmen needed to make a decision to either: 1) Have the land donated to the Town and take off the tax rolls to be used for any form of open space or recreation, or 2) Ask for the land to be given to a Homeowners Association so that each of the 36 residents would own 1/36 of the lot, but would remain open space for their use only.


Mr. Farris asked the accessibility of cars.  Ms. Casey said it was the last lot on the cul-de-sac and had accessibility.  Mr. McDevitt clarified the land’s location to Valley Hill Road.  There was a brief discussion of the parcel’s location and the possibilities if the parcel was donated to Town versus given to a Homeowners Association. 


Mr. Lynde said there should be future clarification for the acceptance of gifts.  Mr. McDevitt felt a meeting should be set up with the Planning Director to discuss clarification of the regulation.  Mr. Farris agreed that a procedure should be established for all land given to the Town. 


MOTION:           (Lynde/Farris) To request the proposed donation of land to be in the name of the Town                                  on ML 1-140-30 of 20,000 square feet for open space or recreation.


VOTE:                 (5 - 0 - 0) The motion carries.




Mr. McDevitt said the proper wording would be to accept, not consider.  He then said the Selectmen would accept the petition.  He then read the Warrant Article aloud and noted there were several attachments. 


Mr. Pitts informed that the procedure would be to accept the petition, verify the signatures and then refer to the Planning Board.




Mr. Pitts noted that the Fire Chief reported the Annual Yuletide Celebration on December 3, 2000 was a success.  He also informed the Board and any members of the public of the dedication ceremony for the new ambulance would be held December 9, 2000.


Mr. Hardy said the Senior’s Annual Christmas party was held at Harris, and informed it was a very nice time and appreciated the hospitality.  He then said that the legislative delegation would be sworn in tomorrow, to which he offered well wishes.  He ended by congratulating Arthur Klemm as Senate President. 


Ms. Casey informed that the Planning Board accepted the Mountain Orchard subdivision and noted certain conditions.  She informed that a site walk would be done on Saturday for the Gaudette & Ives subdivisions.

She brought up the fact that a historic house is located on one of the Gaudette lots and said the owner is open to discussions regarding the structure.  Ms. Casey said she had the final revision for the December 18, 2000 Open Space Development as well as the Wetland Conservation District ordinances.  Copies would be posted on the Planning Department’s website tomorrow.  She said the order of the December 18, 2000 meeting would be as follows: 1) Open Space, Wetland then the Helicopter Ordinance would be heard.


The order of the Planning Board’s December 18, 2000 meeting and the starting time were discussed.


Mr. Lynde said that during Conservation’s last meeting they reviewed three subdivision plans: 1) Mountain Orchard, 2) Valley Hill, and 3) Gaudette.  They made recommendation to limit the number of wetland crossings for each.  He said part of the discussion was open space and the fact that Muldoon Park had reached its limit.  He said there was no current plan in place which lists the needs.  He suggested gathering data. 


Mr. Farris said that data had been gathered and a one to five year plan is being created.  He said the Park and Recreation Director were currently trying to deal with the situation of not accessing Muldoon.  He said various program groups met and discussed their current and future needs to best project how many additional fields would be needed.  He said it came down to what funds were available and not rushing developments. 


Mr. McDevitt added that per the subdivision regulations, open space could be asked for as long as it’s directly tied into the need created by the development.  There was a discussion regarding the need for specific data and how it would be used when subdivision plans are considered and approved by the Planning Board.  Mr. McDevitt suggested the issue be added to the agenda for the next meeting.  Mr. Pitts will speak with Mr. Bob Tryon and ask that he meet with the Selectmen at the next meeting.


Mr. Farris informed that Park and Recreation would expedite the data for the Planning Board as part of the master plan.  He said the Cable Director and Town Representative would be meeting with the Adelphia Representative and their attorney for an informal contract negotiation session.  He ended by asking if the dedication of the Town Report could be added to the agenda. 


Mr. McDevitt said there would be a meeting of the Municipal Building Committee at the Senior Center tomorrow.  He informed that the Budget Committee would meet on Thursday to vote on Warrant Articles.




MOTION:           (Casey/Lynde) Request for a non-public session per RSA 91-A:3, II,a, c and e.


ROLL CALL:     Mr. McDevitt-Yes; Ms. Casey-Yes; Mr. Hardy-Yes; Mr. Lynde-Yes; Mr. Farris-Yes


Mr. McDevitt noted that when the Board returns, after the non-public session, the Board would not take any other action publicly, except to, perhaps, seal the minutes on the non-public session and adjourn the meeting.  The Board entered into a non-public session at approximately 8:40 p.m.   Also present was Mr. Pitts.


The Board returned to public session.


MOTION:           (                 ) To seal the minutes of the non-public session indefinitely.


VOTE:                 (           ) The motion carries.




MOTION:           (                  ) To adjourn the meeting.


VOTE:                 (          ) The motion carries.


The meeting was adjourned at          .


                                                                                          Respectfully submitted,


                                                                                          Charity A. L. Willis

                                                                                          Recording Secretary