March 20, 2001    






PRESENT:           Mr. William McDevitt, Ms. Deb Casey, Mr. Jean-Guy Bergeron, Mr. Greg Farris; Mr.                                   Harold Lynde


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. 


Mr. Pitts working in the capacity of a Justice of the Peace swore in the New Selectmen, Mr. Jean-Guy Bergeron and Mr. Hal Lynde. 








Mr. James McMannis, 2 Rita Avenue stepped forward.  He said he had submitted his name for a position on the Conservation Commission approximately ten weeks ago.  He said he was informed that there hadn’t been a nomination and he wanted to know why.  Mr. McDevitt said Mr. McMannis would have to speak to the individual Selectmen.  He said they were not required to give their opinion publicly.   Ms. Casey informed Mr. McMannis that he could call her at home.




Mr. Nick Moraldo, Certificate of Appreciation


Mr. McDevitt presented a Certificate of Appreciation from the Town of Pelham to Mr. Nick Moraldo.  Mr. Moraldo had created and completed a warm-up shed at the transfer station as part of an Eagle Scout project.  Mr. McDevitt said that the shelter provided comfort and convenience to the workers against the winter weather.  He said the unselfish willingness to support the community was sincerely appreciated.


Sergeant Michael Ogiba, Pelham, Police Department, laptop grant


Sergeant Ogiba informed that the Cops More 2001 Federal Grant to purchase five laptop computers for cruisers had become available.  He said that the Panasonic CF27 tough books would be 75% funded by the government and 25% funded by the Town.  He informed that $6500 had been allocated and would be more than enough.  He said that there would be an excess of $500 which the Police Chief would like to retain for brackets that cost $100 each. 


Sgt. Ogiba said the laptops were currently being used by the State Police.  He said they currently had one laptop that was given free at a PSTC course.  He said the plan was to use five of the laptops and the extra one could be utilized for detectives or it could be used as backup in the event one of the others failed.   He explained what the laptops would be used for and how they would help cut down time writing reports.  Sgt. Ogiba informed that the cruisers would be able to communicate between each other and with dispatch. 


Ms. Casey asked if they were restricted to the particular model.  Sgt. Ogiba informed that the models were the state bid the grant.   Mr. Pitts said there were no restrictions, but it usually was the best bid.  Ms. Casey recalled the Budget Committee recommended moving to a better model.  Mr. Pitts believed that the model was the one discussed.  Ms. Casey confirmed that the model was durable. 


Mr. Lynde asked how certain the grant was.  Sgt. Ogiba said the grant would have to be in by Friday.  Mr. Pitts said there would be no order placed until they knew if the grant would be received. 


Mr. Farris believed that the software (SPOTS) would be included in the budget. Ms. Casey said it was a separate line item.  Mr. Farris confirmed that it was a formality to obtain.  Sgt. Ogiba said right now they wanted to have the laptops in the cars for reports and eventually they would make the laptops compatible for SPOTS.  Mr. Farris believed the funding was currently there for SPOTS.  Ms. Casey said there was another issue regarding the towers to be reviewed. 


MOTION:           (Lynde/Casey) To authorize submission to obtain 75% funding for the purchase of five                                 laptop computers as presented by Sergeant Ogiba.


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


Sergeant Gary Fisher, Pelham Police Department, Lawnet Radio


Sergeant Fisher informed that lawnet radio was being reviewed would allow for statewide coverage.  He said the project was completely funded by Federal monies.  He said there was a committee made up of various agencies overseeing the program.  He informed that at a local level the mobiles and portables were the only things currently being reviewed.  He said in 2002 there was a federal budget request for $5,000,000 to supply the local departments with consoles.  Sgt. Fisher said the program worked on the 150-174mz frequency which is what they currently have.   He said they had applied and been granted new frequencies under the 12.5mz which would be reduced to 6.25 channels in the future. 


Sergeant Fisher informed when the program began the costs weren’t feasible, but as the federal funds became available, the Town was allocated 22 astral radios (14 mobile and 8 portables) and will be signed over to the Town June 2002.  He said the astral radio was both digital and analog and the plan is to replace the radios into the units as purchased.  He said the astral could be used now and would be compatible to the laptops because they would both be digital systems.  Sgt. Fisher then discussed the funding shortfall of the $1,000,000 requested over a two-year period. 


Mr. Lynde asked if the funding would be $100,000 per county.  Sgt. Fisher said yes.  Mr. Lynde asked if using digital would lock the Town into using Motorola.  Sgt. Fisher believed that Kenwood would probably come out with digital in the future.  Mr. Lynde asked what would happen at dispatch.  Sgt. Fisher said currently a mobil unit was being used and they would place an astral unit in the station.  He noted that in 2002 it would be dealt with, if funding passed in October 2001. 


Mr. Farris asked  if the funding didn’t exist would the Town be converting.  Sgt. Fisher answered yes.


Mr. McDevitt confirmed that one of the compelling issues was that multiple departments would be able to contact each other.  Sgt. Fisher used an incident at Colbrook as an example for the need of multiple departments to communicate each other before they come onto a scene.  He said the Department would lose the UHF/VHF capabilities, but believed reiterated the statewide capabilities the system would provide. 


Mr. Farris ask if two radios would be necessary because the Town was a boarder town, due to the loss of certain capabilities.  Sgt. Fisher said that it would have to be reviewed down the line.  Mr. Pitts felt that there would be movement down the line and believed that Massachusetts would probably purchase equipment to communicate with New Hampshire. 


Sergeant Fisher said he was asking the Board to send a letter to the county commissioners in support of $50,000 over a two year period and second to be allowed to accept the 22 radios and move forward with the system.  Ms. Casey asked the 22 radios were accepted, if the Town was accepting a grant.  Sgt. Fisher answered no, they didn’t apply for a grant. 


Mr. Farris asked what the lifespan of the system was.  Sgt. Fisher believed it depended on technology evolvement. 


Mr. McDevitt inquired of Mr. Pitts if the radios fell under the donation policy.  Mr. Pitts believed that they were an asset distribution. 


MOTION:           (Casey/Lynde) To grant permission to the Police Department to seek the twenty-two                                     radios earmarked for local enforcement. 


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


Ms. Casey confirmed that Sgt. Fisher would like the Board to send a letter to the county commissioner to cover the shortfall.  Sergeant Fisher said he would like the Board to send a letter of support to the county commissioner of the $50,000 for a two year period for the project.


MOTION:           (Casey/Bergeron) To send a letter to the county in support of  coverage of the $50,000                                 shortfall for the project. 


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


Sergeant Fisher would speak with Mr. Pitts regarding drafting a letter for the $50,000. 


Paul Zarnowski, Health Officer, Waiver of Article K


The Selectmen convened as the Board of Health, Mr. Paul Zarnowski, Chairman.  The Chairman called the Board of Health to order at approximately 7:20pm.  Mr. Zarnowski began to discuss the Article K waiver request, per 295:16 the septic and sewer line with less than 50’ to well. 


Ms. Cindy Ronning presented the plan for 40 McGrath Road (ML 1-83, 1-88).  She said the location was a postage-size lot on Long Pond.  She said there was 6,000 square feet of land across the street to place a test pit.  She informed the land was ledge and there was no other location to place the septic except for the current location.  She said they were requesting a waiver because the well was approximately 3’ from the septic.  She noted that the waiver for 38 McGrath Road was set, and 42 McGrath Road signed a waiver on their well. 


Ms. Casey asked about changing the piping and if it could be done here to improve the distance.  Mr. Zarnowski said the pipe was SDR 26 or better and noted with the pressure line and because of the road crossing they would probably use SDR 35.  He said the new tank would be replacing the existing tank which was to be sealed and grouted, due to the proximately of the pond.  He noted that the existing well was in excellent shape.  He didn’t see any other option for the property.  Mr. Zarnowski recommended that the well head should be raised above grade as well as inspecting the tank, sealant and well. 


Ms. Casey asked that the SDR piping be noted specifically on the plan.  Mr. Zarnowski said it had been specified already on the plan. 


Mr. Lynde asked for more detailed background.  Ms. Ronning said that the owner of forty-five years had tested the septic, which had failed.  Mr. Lynde confirmed that the owner owned a lot across the street and that the existing septic would be replaced in the same location.  Ms. Ronning answered yes. 


Mr. Lynde asked about the 50’ radius shown on the plan.  Mr. Zarnowski said there was a setback of 75’ from the well and surface water unless SDR 26 or better pipe was used, the setback could be reduced to 50’.  He said the design on the plan showed that they were trying to keep all set backs at 50’. 


Ms. Casey asked if there were any problems with crossing the road.  Mr. Zarnowski said the road agent would be there to inspect.  Ms. Ronning added that there would also be a $5000 bond. 


Mr. Farris asked if there was a warning system in the event the pump was to fail.  Mr. Zarnowski answered yes and explained how the warning system would work.  Mr. Farris asked if the home owner would know.  Mr. Zarnowski answered yes, that an alarm would go off and explained that there would be an extra days worth of storage.  He said they would be going a step further by doing a complete coating and sealing.  He ended by saying that he didn’t prefer to place so close together, he didn’t see any other option.


MOTION:           (McDevitt/Casey) To grant the Waiver to Article K per 295:16 as requested for ML 39-

                              1-83 and 1-88 with the well to be raised above grade and the septic to have the proper                                    sealing.


VOTE:                 (6 - 0 - 0) The motion carries. 


The Board of Selectmen reconvened at approximately 7:33pm. 


Election of Chairman and Vice Chairman


A motion was made a seconded to elect Ms. Casey Chairman.  All were in favor.  Ms. Casey shall now be Chairman of the Board of Selectmen.


A motion was made and seconded to elect Mr. Greg Farris Vice Chairman.  All were in favor.  Mr. Farris shall now be Vice Chairman of the Board of Selectmen. 


Mr. McDevitt shall finish the meeting.




Appointment of temporary Officer-in-Charge in Police Department


A letter was received by the Selectmen requested that Sergeant Michael Ogiba be appointed temporary officer-in-charge in the absence of Chief Haglund during the period beginning March 20, 2001 and ending April 13, 2001. 


MOTION:           (Casey/Farris) To appoint Sergeant Michael Ogiba as officer-in-charge during Chief                                      Haglund’s absence from March 20, 2001 through April 13, 2001. 


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


Selectmen Assignments


Mr. McDevitt said a list of assignments had been distributed and suggested that Board members indicate their preferences via e-mail to Ms. Casey before the next meeting. 


Approval of subdivision street name


Mr. McDevitt said the developer handed in two names their first preference being Fireside Drive and the second choice of Gaudet Lane.  The Safety Committee had reviewed and decided upon Gaudet Lane because the first choice resembled a current street name. 


Mr. Lynde made a motion to designate the street name as Gaudet Drive.  Ms. Casey seconded. 


Mr. Farris suggested that new subdivision roads be named by themes to help enhance the personality of the Town. 


Ms. Casey said that the Planning Director has also suggested that street name endings be correct, such as roads that end with ‘circle’ should in fact be a circle.  She also informed that the Planning Board suggested delegating choosing street names to the Safety Committee, then have the Board of Selectmen make the final vote. 


Mr. Pitts concurred with Mr. Farris’ idea of street name themes.  He felt the street naming policy should be made by the Planning Board with the Board of Selectmen having final approval.  He discussed the role of the Safety Committee and the reason for such a committee to choose street names.  He noted an additional problem being that roads within subdivisions remained private for approximately one year.  He suggested choosing a name (and having the Board of Selectmen approve) early on, so that developers have a street name in place to help alleviate problems. 


Mr. Farris asked how many roads would be within the Gaudet Subdivision.  Ms. Casey said there would be over ten lots with a dead-end road. 


Mr. McDevitt was under the impression that the Safety Committee had been reviewing street names.  Ms. Casey said that developers most of the time already had street names in place when plans were reviewed.  Mr. Pitts suggested developers name streets a, b, c, d etc. until street names had been submitted and approved.  Ms. Casey also agreed with Mr. Farris regarding stipulating themes.  Mr. McDevitt suggested a joint meeting with the Planning Board.  Ms. Casey would e-mail the Planning Board. 


Board and committee openings


Mr. McDevitt informed as follows:

               Board of Adjustment had two member positions open and two alternate positions open

               Cable TV Advisory Committee did not have any openings, but people could apply

               Conservation Committee had three member positions open and one alternate position available

               Planning Board had two member positions available and five alternate positions available

               Recreational Advisory Board had three openings

               Technical Staff had three openings (he suggested discussing soon to determine if the committee                               should continue)

               Municipal Building Committee is full, but people could apply


Mr. McDevitt said if anyone needed more information, they should  contact Mr. Pitts.  He said appointments were made during the year, but generally positions were filled at the beginning of April.


Mr. Farris noted that Mr. Lynde had been made a voting member of Conservation and there should be a possible extension of his appointment if the Committee did not have enough people.  He also pointed out that the Selectmen’s Representative on other land-use boards had voting capabilities.  Mr. Pitts said that issue had been researched regarding Conservation and state laws didn’t prohibit or endorse Selectmen on Conservation Commission, therefore all five Selectmen could be appointed voting members is so desired.


Mr. Bergeron confirmed that the terms on each Board would be three-year terms.  Mr. McDevitt said Board of Adjustment, Planning and Conservation were set by law.  Mr. Farris informed that generally the terms were three year to stagger the expiration of members.  Mr. Bergeron asked if a member resigned and the position were filled by an alternate member if their term would expire after three years or at the expiration of the position they were filling.  Mr. McDevitt said generally their term would expire either at April 1st or at the end of the unexpired term. 


Mr. McDevitt noted that the Selectmen should begin to think about the goals and objectives for the year. 


Mr. Farris said he discussed the pressures of SB2 and of the Budget Committee.  He suggested setting a policy for when budgets should be submitted to not restrict the function of the Selectmen.  He said the Selectmen should review their timeframe and possibly meet more often in the summer.  Ms. Casey recommended certain budgets be done early in the year and suggested providing the Budget Committee with a list of the budgets the Selectmen would like to review in a certain order.


There was a brief discussion regarding setting up a time line and schedule for efficiency for budgets to be in place.  It was also suggested that Warrant Articles were submitted earlier to limit the number of Articles.  Which prompted a brief discussion regarding the current process for budget submissions.  Mr. Pitts suggested switching to a fiscal year which would require providing an 18-month budget the first year.  He said switching would help with a lot of the issues.  Mr. McDevitt said that possibly Mr. Pitts could review with the Board the pros and cons of switching.




Mr. Pitts informed that most of the excavating was complete.  Mr. Pitts informed that he received a letter from the Chief of Police regarding the effort to keep OHRV out of the parks.  He said Veterans Memorial Park had been re-posted and the police would continue to work with New Hampshire Fish and Game to maintain the beauty of the parks.  Mr. Pitts said there was an inquiry of the Town’s towing policy during snow storms.  He outlined the policy followed and said there was an ordinance that states cars cannot be parked on the street when being plowed.  Mr. Pitts ended by informing that people had been plowing snow from private property into the road.  He said there was an ordinance in place since 1978 which prohibit such actions.  He said the Police Department had been issuing warnings and repeat offenders would be dealt with accordingly.  Mr. Farris said situations also included pushing the snow to the opposite side of the road. 


Ms. Casey discussed the issues that arose during the Planning Board’s Work Session.  She informed that the Planning Board’s March 7, 2001 meeting had been deemed invalid by Town Counsel and the three hearings discussed from that evening would be reheard at the Planning Board’s April 2, 2001 meeting.  She said it was suggested that a complete inventory of street signage be done.  Ms. Casey said that a meeting had been scheduled for March 28, 2001 at 7:00pm at the Town Hall to discuss the Route 38 resurfacing project of the state.  She informed that Mr. Jeff Gowan would be heading the Master Plan project.  Ms. Casey ended by informing there would be an NRPC meeting tomorrow night in Nashua. 


Mr. Farris asked if Selectmen’s Representative would be the same person to be the representative on the Master Plan Committee.  Ms. Casey felt that possibly the CIP representative would be the same person as on the Master Plan Committee. 


Mr. Farris said that the Municipal Building would meet tomorrow and would discuss the Mill property.  He said that Park and Recreation met and had established a sub-committee to create a 7-year master plan which would coordinate with the Planning Board’s master plan.  He said that the upcoming spring and summer programs would be coming before the Board.  He said the winter programs would also be reviewed for improvements.  He said the 7th grade Pelham Travel basketball team had reached the finals in their division.  He said they have made Pelham proud by their actions. 


Mr. Lynde said Conservation Commission met on the March 14, 2001 and reviewed conceptual plans.  He said there were concerns with the 28-lot subdivision where the developer created a cul-de-sac to create a lot.  He said currently there were no recreational facilities on that side of Town and input from Park and Recreation would be appreciated.  Mr. Farris said they were working on a deadline of May 1, 2001.  Mr. Lynde briefly discussed the other plans that were discussed at the Conservation meeting.  Mr. Lynde informed that there was a hearing regarding a bill which would limit the amount of MtBE.  He said there was not a simple solution.  Mr. Lynde informed that indoor soccer would begin next week.  He ended by commenting on the roads being cleared and felt the Pelham crew did an excellent job and deserved credit for what they did. 


Mr. Pitts said he had received a few calls.  He said if the Board didn’t take the affirmative action that they did, the Town would only have two trucks and not four. 


Mr. Bergeron thanked Mr. Pitts for the help he provided.  He also said he looked forward to serving and being assigned to the committees. 


Mr. McDevitt said he went to Concord to testify regarding the House Bill 758.  He said the issue was more complex than simply legislating it out of existence.  He said the action should be done at a Federal level. 

He said the Board members should have received a letter from the Select Board Institute.  He said it was a program to educate the Select Board of their responsibilities.  He strongly urged the people who could, to sign up for the four-Saturday meetings. 


Mr. Pitts asked for guidance from the Board regarding performance appraisal of department heads.  He asked if the Board wished to leave the form as is or change so that each Selectman could provide comment.  It was discussed and decided to leave the form and have a section at the bottom for any individual comments.




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


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


The Board thanked Mr. McDevitt for the efforts he put forward during the past year.  Mr. McDevitt added that he felt the Board set a standard for cooperation.


Mr. McDevitt noted that when the Board returned, 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 8:55 pm.  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 approximately   pm.


                                                                                          Respectfully submitted,


                                                                                          Charity A. L. Willis

                                                                                          Recording Secretary