February 20, 2001 






PRESENT:           Mr. William McDevitt, Ms. Deb Casey, Mr. Greg Farris; Mr. Harold Lynde (who arrived                                              approximately 7:00 pm)


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


ABSENT:             Mr. James Hardy


Chairman McDevitt opened the meeting at approximately 6:30 pm.  He announced that the Selectmen would not have a meeting Tuesday, February 27, 2001.




January 30, 2001 


MOTION:           (Lynde/Farris) To accept the minutes of the January 30, 2001 Board meeting as                                                            amended.


VOTE:                 (4 - 0 - 0) The motion carries. 




No persons stepped forward. 




Deb Waters, Diane Wolven Land


Ms. Waters informed that since the last meeting with the Selectmen, they have gotten their approvals in place.  She said the grant application had been submitted to LCHIP.  She then requested approval of an expenditure of $106,000 from the Conservation fund.  Ms. Waters asked that a Selectmen’s Representative be appointed to oversee the final details if approved. 


Mr. Farris inquired about the pipeline which ran through the property and wanted to know if any trees would be removed when the line was replaced.  Ms. Wolven said that some trees would be removed and said there was an area which needed to be expanded to approximately 35’.  Mr. Farris asked at what point the Town would take legal possession of the land.  Ms. Waters believed that the Town would take possession at the time the deed was transferred.  Mr. Farris wanted to clarify that the owner at the time of any tree removal would be responsible for negotiating and/or receipt of payment.  He wanted to know what fund payment would be credited to if the land was owned by the Town at the time of tree removal.  Mr. McDevitt believed it would go into the general fund, but said details were still to be worked out. 


Ms. Casey asked what the time frame was  for the grant.   Ms. Waters said her understanding was they would reach the eligibility status on April 1, 2001.  Ms. Casey noted that if a motion were to be made it should include their ability to accept the grant.  Ms. Waters said if they reached the eligibility cut on April 1, 2001, they would then do a more completed application for further review. 


Mr. Lynde wanted to know if they could be considered on a future list if they didn’t reach the eligibility cut this year.  Ms. Waters discussed the steps needed to be taken and were hopeful that if they failed they would be able to go back the following year.  Mr. Lynde asked if the Town could be reimbursed.  Ms. Waters couldn’t answer.  Ms. Casey said that LCHIP had no guarantee that the program would continue, that they can only proceed when funding was available. 


Mr. McDevitt asked what the Town’s portion of the land would be after the subdivision of the land.  Ms. Waters believed the Town’s portion would be approximately 37 acres.  Mr. Farris confirmed that the Town’s portion of land was build able.


MOTION:           (Lynde/Casey) To approve the purchase of a portion of the Diane Wolven land on Jericho                                                         Road (ML 10-264) with the understanding that there would be a                                                                                       subdivision of approximately 2 - 3 acres at an estimated total cost                                                                        (including closing costs) of $106,000 from the Conservation Fund.


VOTE:                 (4 - 0 - 0) The motion carries.


MOTION:           (Lynde/Casey) To authorize the Open Space Committee to apply for and accept a grant in                                              the name of the Town from the LCHIP program which would be used for partially offset                                   costs.


VOTE:                 (4 - 0 - 0) The motion carries.


The Selectmen thanked Ms. Wolven again for the offer of the land. 








The Selectmen convened as the Board of Health from this point forward.  Mr. McDevitt was acting Chairman in the absence of Paul Zarnowski, Chairman.


Well Water Testing Regulation Change


Ms. Casey informed that the only proposed change was on page two, the total screen alpha which showed two parts being, gross screen alpha and uranium. 


Mr. Farris asked if the words ‘per state requirement’ could be added to the total screen alpha section.  Ms. Casey explained that the total screen alpha consisted of the combination of the gross screen and uranium. 


Mr. Lynde asked how the Town could guarantee the test results would be provided to the homebuyer.  Ms. Casey said the test results were required to be given to the homebuyer at time the tests were complete.  She said if there was no homebuyer, the results would be given to the owner.  Mr. Pitts informed that the Certificate of Occupancy would not be issued until the water test results had been received by the Town. 


There was a brief discussion of setting up a system to compile water test information for all the properties in Town.


MOTION:           (Casey/Lynde) To accept the changes to the Well Ordinance originally adopted May 16,                                              2000 and revised February 20, 2001.


VOTE;                 (4 - 0 - 0) The motion carries.


The Board of Selectmen reconvened at approximately 6:57pm. 




Mr. Pitts had no report to present.


Ms. Casey informed that Pelham came in second at the IMS State Championship wrestling matches.  She said that Tim Hirsch was the IMS Champion at 160 pounds.  She congratulated the team and Coach McDonald.  Ms. Casey said there would be a Planning Board meeting Thursday, February 22, 2001. 


Mr. Farris informed that CTEC had a meeting where they addressed the new fees.  He informed that CTEC was negotiating in good faith.  Ms. Casey asked if the Selectmen would have authority in the changes of the rates.  Mr. Farris said that was being reviewed and he would have an answer  by the next meeting.  Mr. Farris said that other towns were also negotiating with Adelphia and the best contract would be negotiated by a full board before acceptance.  Mr. Farris said the Police Patriots basketball game last Saturday was a good cause and a success. 


Mr. Lynde informed that there had been a Conservation meeting last Wednesday.  He noted there were some problems with the developer’s representative.  He said he would work with the Chairman of Conservation to come up with procedures if a similar incident were to happen again.  Mr. Lynde also informed that there would be a forum at Salem High School Thursday at 7:00pm regarding MtBE.


Mr. McDevitt informed that a letter had been received by Philip Troubridge regarding the Gendron Junkyard.  He pointed out that there would be a public comment period until March 16, 2001 where the citizens and interested parties were invited to submit written comments.  He also informed that DHHS and US Agency for Toxic Substance and Disease Registry would hold a public meeting Wednesday May 28, 2001 from 6:00pm to 8:00pm at Pelham Town Hall to informally discuss the findings of the draft public health assessment.  He said if anyone had questions or required additional information they should call

603/271-4664.  He said a copy of the report and summary would be available at the Town Hall Annex for review. 


Mr. McDevitt said that during the deliberative session the amount of budget was amended by $28,000 to pick up for Winter maintenance.  He said his intention was to take the budget committee’s recommendation and add the $28,000, but in advertently, he took the Selectmen’s recommendation and added $28,000 to it which was voted in the affirmative.  He spoke with Counsel who informed the number would stand as posted.  he said he had some concerns which would be addressed after the vote.  Ms. Casey  said it was confusing and believed that people might not know which number they were voting on, either the Budget Committee or the Selectmen’s.  Mr. Farris believed that the moderator noted that the number to be discussed was the Budget Committee’s recommended number. 




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


ROLL CALL:     Mr. McDevitt-Yes; Ms. Casey-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 seal the minutes of the non-public session and to adjourn the meeting.  The Board entered into a non-public session at approximately 7:20pm.  Also present was Mr. Pitts.


The Board returned to public session.


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


VOTE;                 (4 - 0 - 0) The motion carries.




MOTION:           (Lynde/Casey) To adjourn the meeting.


VOTE:                 (4 - 0 - 0) The motion carries.


The meeting was adjourned at approximately 7:30 pm.


                                                                                          Respectfully submitted,


                                                                                          Charity A. L. Willis

                                                                                          Recording Secretary