June 12, 2001 

APPROVED – June 19, 2001






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


Also present:



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




Chairperson Casey opened the meeting at approximately 6:30 pm.




June 5, 2001




(McDevitt/Lynde) To accept the minutes of the June 5, 2001 Board meeting as amended.




(5 - 0 - 0) The motion carries.






Ms. Casey read aloud a statement from Mr. Roland Soucy, Building Inspector.  The statement was concerning a partial stop work order (June 6, 2001) for masonry and a full stop work order (June 11, 2001) regarding initial concerns that vertical reinforcements were constructed incorrectly at the new elementary school.  Mr. Soucy informed that CLD (Town hired Engineer) would review the site and make an evaluation.  Once the site was evaluated, Mr. Soucy would release an updated statement.  Ms. Casey then read a response statement from the Selectmen, which supported the actions of the Building Inspector to fully promote safety first and always.  She said that the School and the Town bodies were openly discussing the situation.  She then informed that the Building Inspector would apprise and address questions with the School Board Wednesday at 8:00pm at the High School Library.




Waiver of Liability for plowing of private ways


Ms. Casey said a waiver had been drafted and interested copies had been distributed. 


Mr. Farris asked if all residents of private roads would be notified at the point that an agreed upon document was drafted.  Mr. Pitts informed that the Town would notify the property owners because there was no way of notifying tenants.  Mr. Farris asked if the letter could be drafted so if a non-property owner was notified, they would know to contact the owner.  Mr. McDevitt said that official communication from the Town went to the name on the tax bill. 


Mr. Farris said that a figure needed to be determined and submitted to the residents on the roads.  He said it would be their responsibility to come up with payment. 


Mr. Lynde felt that the intent was to waiver the Town of liability.  He suggested a response time for residents to come back with questions and concerns.  Mr. Farris discussed the concerns of possible damage of property owned by a person who chose not to sign the waiver.  Mr. McDevitt was unsure of how many people would actually sign the waiver.  He felt the owners should be the persons to sign the waiver.  He said that not everyone was interested in the Town plowing the roads.  He felt that a majority of the people would need to sign.  Mr. Pitts spoke of road associations and the benefit of them signing the waiver on behalf of all the residents.  He was concerned with a majority signing the waiver and was unsure of the liability status of the Town if one of the persons whom didn’t sign the waiver had an accident on the road.  Ms. Casey said that Town Counsel informed there would be a risk anytime that not all persons signed. 


Mr. Bergeron said he would like to have the tax bill owners notified by certified mail.  There was a brief discussion regarding the cost for certified mail and it was decided to send the letter via regular post. 


Mr. Farris believed there should be timeframe for sending out and return of the notices.  Ms. Casey asked how long it be before a notification was drafted.  Mr. Pitts needed clarification of which roads would have the offer of plowing.  The Selectmen discussed which roads would be extended the offer of plowing.  There was concern for the number of remaining private roads in Town and the possible added equipment cost for plowing.   It was decided to extend the initial offer of plowing to the sixteen roads previously deemed emergency ways and to discuss extending the offer to the other private roads in Town at a later date.  Mr. Lynde made a motion to send a copy of the maintenance agreement and estimated cost of plowing to the owners of existing private roads.  Mr. Farris seconded and added that he wanted the motion to specify that the plowing would be for the roads previously deemed emergency ways.  Mr. McDevitt wanted to express the fact that the cost would always be an estimate until the number of roads to be plowed was determined.


Ms. Casey wanted to know how long it would take to determine an estimated cost for plowing and to send the notification to the owners.  Mr. Pitts said he could have the notification letter ready for review at the next meeting.  Mr. Lynde wanted to make it understood that the cost for plowing would be an estimated cost for the entire road, not on a per house basis. 



(Lynde/Farris) To send a copy of maintenance agreement and estimated cost of plowing to the owners of the sixteen existing private roads that had previously been deemed emergency ways.




(5 - 0 - 0) The motion carries.


Ms. Casey said she would post the list of roads on the message board that would be effected.


Mr. Lynde made a motion to allow consideration for other private roads to come forward and make a similar request for plowing.  Mr. Farris would rather have a consensus than a motion.  Mr. Lynde felt there was a need to evaluate the impact of such a request.  Mr. McDevitt disagreed with the idea of extending plowing to other private roads in Town.  Ms. Casey suggested a possible discussion next year of the remaining private roads in Town.  Mr. McDevitt didn’t want there to be a binding motion for considering the other private roads in Town.  Mr. Lynde withdrew his motion, but still felt there should be an option for other private roads to have Town plowing.  Mr. Farris also felt that for this year the plowing should be contained to the sixteen roads previously deemed emergency ways.  Mr. Bergeron agreed with Mr. Farris and Mr. McDevitt. 


Mr. Pitts believed that an additional issue to be discussed in the future would be private ways versus private driveways for multiple families. 


Mr. McDevitt made a motion that the Town specifically would not plow any other private roads unless a decision had already been made to do so for the winter season 2001 - 2002.  Mr. Lynde seconded, but felt the motion would apply to all roads.  Mr. McDevitt amended his motion as noted below.  Mr. Lynde seconded but felt that if a person came forward with a compelling case, the request should be entertained and not be denied.



(McDevitt/Lynde) To specifically not plow private roads or private ways, other than those to which an offer has already been made for the winter plowing season 2001-2002.




(4 - 1 - 0) The motion carries.  Mr. Lynde voted no.


Mr. Pitts noted that the roads would have an initial inspection by the Highway Agent on Thursday and then again in October for any work that may be done.




Ms. Shirley Wakefield, 38 South Shore Drive, wanted to know if the estimated cost would go up at the end of the season and the residents would be charged more.  She also wanted to know if there would be a refund if the season were good.  Mr. Lynde said his intent was to have the cost be estimated for the season.  There was a consensus by the Selectmen that the estimated cost charged would be for the season. 




Replacement of defunct refrigerator at the Senior Center


Mr. Pitts informed that quotes had been received and included in the Selectmen’s packs for replacing the refrigerator at the Senior Center. Mr. McDevitt said the refrigerator had some repairs, but was not working properly.  He informed that the Town purchased the used refrigerator twenty-five years ago.  Mr. Pitts said the recommended refrigerator would cost $2,526 and would tentatively come out of one of the interest accounts.  Mr. Lynde suggested charging the Senior Account and take from other accounts as the year progressed if needed. 


Mr. Farris wanted to know the reason that the most expensive quote was being recommended.  Mr. Lynde read the cover letter sheet provided by the Senior Center, which explained the reason for the recommendation. 



(McDevitt/Lynde) To purchase the Delfield model 605-S for the Senior Center as recommended by the Department Head for a sum of $2,526.




(5 - 0 - 0) The motion carries. 


Discussion regarding BOCA Code and Building Inspector positions


Mr. Pitts said that when the inspectors met with the Selectmen they referenced the personnel section of the BOCA Codes.  He didn’t agree that the Town’s adoption of the BOCA Codes changed the Town’s personnel policy.  He said a concern that the inspectors raised was that if they made an unpopular decision pertaining to local construction, or if they were to make code enforcement decisions pertaining to the personal property of elected officials.  He said the intent of BOCA was to ensure protection and job security of the inspectors.  Mr. Pitts said the question was if the Code Enforcement Officer, Plumbing, Electrical and Building Inspectors should be on the same basis as the other part-time employees in the Town.  Ms. Casey wanted to clarify that the request was to have the positions be provided a term with no limit, unless they do something with cause, or to have the position continue to work under contracts with one year terms. 


There was a brief discussion of the positions and if they should be treated as other part-time employees.  The wording of the BOCA Code was reviewed and also discussed.  It was decided to continue the discussion until the next Selectmen’s meeting and information had been gathered from NHMA. 


Discussion of Land Donation Policy


Mr. Lynde wanted to know the procedure for bringing forth land to be accepted by the Town.  Mr. Farris believed the topic had been discussed in a past meeting.  He believed that it had been decided to bring forth land donations before the Selectmen for awareness purposes. 


Mr. Lynde suggested that an agenda item be added for the next Selectmen’s meeting to possibly accept the land proposed in the Benoit subdivision.  He said he would inform the Chairman of the Planning Board of the policy. 


Mr. Pitts read the existing gift policy, which didn’t include land donation.  Mr. Farris suggested amending the gift policy to exclude land donated through a subdivision.  There was a brief discussion regarding when a public hearing could be held.  The Selectmen agreed to hold a public hearing in two weeks regarding the land donation from the Benoit subdivision. 


Discussion regarding Hawkers and Peddlers License


Ms. Casey said that the issue of multiple locations had been brought up at the last meeting as well as the application process.  Mr. Pitts said that the Office of the Selectmen issued the license, but the Code Enforcement Officer did the inspections. 


Ms. Casey said the question that previously came up was multiple locations.  Mr. Pitts read a portion of the license, which specified that multiple locations needed multiple licenses.  He further clarified and said that one vendor could go to different locations throughout the day under one license, but if the vendor had more than one vehicle at more than one location would require more than one license. 




Ms. Casey informed that the Town received an answer regarding the Supreme Court case of Gendron vs. Town of Pelham, in which the Town prevailed.  She said that over the next several weeks the Selectmen would discuss the results more in depth, after meeting with Counsel.


Mr. Pitts thanked Arnold, of the custodial department for pointing out that in the 1920 Town Report Pelham paid Windham it’s share of repairs for the Pelham/Windham Iron Bridge, which may be the Castle Hill Bridge.  He said he received a letter from Windham, and would work with their Town Administrator to draft a response.  He noted what work the Department of Corrections work crew had completed.  Mr. Pitts noted that the background checks were virtually completed for the summer staff.  He said that the Department of Corrections work crews had volunteered to work indoors in the winter for such things as painting.  He said the engineering plans were not compete and the job would not go out to bid until August or September.  He ended by requesting RSVPs for the VFW J. Edgar Hoover Assembly.




Mr. Paul Zarnowski, Health Officer, Waiver of Article K



(McDevitt/Lynde) To have the Selectmen convene as the Board of Health.




(5 - 0 - 0) The motion carries.


The Selectmen convened as the Board of Health at approximately 7:57pm with Mr. Paul Zarnowski as Chairman.


Mr. Zarnowski explained that Mr. Dan Daigle of 5 Lisa Terrace of ML 28-7-181 was seeking a waiver to Article K, Section 295:16 for a septic tank less than 50’ to poorly drained soil with SDR pipe.  He said the reason for the waiver was due to a failed septic system and if not granted they would have a hardship caused by not being able to replace the system. 


Mr. Ray Dion, Felix Septic System presented the situation to the Board of Health.  He said they had a failed system on the property.  He said the current system was in the back yard and there wasn’t adequate space to add an updated system.  He said the proposed system was going to be placed on higher ground further away from the wetlands, but the tank needed to be moved over and wouldn’t be any closer to the wetlands.  He said they were also asking for a waiver from the state.


Ms. Casey asked what the current regulation was.  Mr. Dion said the Town regulation was 75’ and the state regulation was 50’.  He said because of the lack of room, they would like to go to 30’.  Mr. Zarnowski said the existing was basically the same distance.  Mr. Dion said the tank would also be sealed.


Mr. Lynde located the new well on the plan and asked if the leach field would be placed where the old well was.  Mr. Dion answered yes he informed that the well casing would be cut and capped.  Mr. Lynde asked if the septic could be moved further.  Mr. Dion said they would be able to get the gravity if it were moved up further.  Mr. Lynde asked what precautions would be taken for possible leakage of the septic.  Mr. Dion said it would be piped with 4” schedule 40 and the tank would be sealed.  Mr. Lynde asked if there would be any waivers for depth to ground water.  Mr. Zarnowski answered no. 


Mr. Farris asked if the small brook affected the soils in the area.  Mr. Dion answered no and said they were over 125’ away. 


Mr. Zarnowski asked where the abutter’s well was located.  Mr. Dion said they didn’t note on the plan because they were over 125’ away. 


Mr. Bergeron asked what the distance of the pipe would be from the house to the new septic.  Mr. Dion said it was currently 5’, but would possible end up being 15’. 


Mr. Zarnowski said the waiver was okay with him because it would improve the situation. 



(Casey/Lynde) To grant the Article K waiver request for ML 28-7-181 (5 Lisa Terrace) per 296:16.




(6 - 0 - 0) The motion carries.





(McDevitt/Lynde) To reconvene as the Board of Selectmen.




(5 - 0 - 0) The motion carries.


The Selectmen reconvened at approximately 8:06pm.





Mr. Bergeron said he received a report from Superintendent Bruce Mason, Solid Waste Department.  He informed that Mr. Mason registered for a new battery removal program that replaced the state sponsored program.  He said that the new program accepted four types of new batteries.  He said that the office trailer had been moved and re-installation of electricity, phone and cable etc. was being done.  He then reported that the Board of Adjustment requested volunteers for alternates.  He said they held a meeting June 11, 2001 in which seven cases were heard.  He said there were five Variance applications where four out of five were granted.  He said there were two Special Exception applications, one was granted and the other was continued to July 9, 2001.  Ms. Casey said she received concerns about the decisions of the Board of Adjustment and asked that the Selectmen review the minutes.  Mr. Lynde suggested reviewing the Planning Director’s comments as well.  There was a brief discussion regarding who had authority over the Board of Adjustment and what the appeal process and procedures were.  Mr. Bergeron informed that the Cemetery Trustees would hold their next meeting June 13, 2001.  He ended by noting that items from gravesites were being stolen as well as one of the new four signs had been stolen.


Mr. Farris informed that the Building Committee met last week with the department heads from the Cemetary and the Seniors to discuss space needs of the Town, which hasn’t been reviewed in the past.  He said once all the facts were gathered, he would report back to the Selectmen.  He thanked people for slowing their speed at Muldoon Park.  He ended by informing that a young cyclist had been hit as he left Muldoon Park (they were not badly hurt) and unfortunately the car left the scene. 


Mr. McDevitt said that the Garden Club had placed a small sign in front of the Library and requested that they be allowed to also place small signs in front of Town Hall, Police Station and the gazebo.  None of the Selectmen had a problem with the temporary signs being placed in the mentioned locations.  Mr. McDevitt noted that the Senior Center would be needing a new roof and felt the Selectmen should review before budget time. 


Mr. Lynde said he had received concern of the Town cemeteries running out of space due to non-residents purchasing plots.  He asked if there should be an assessment of the fee for lots.  He asked if the Park and Recreation report had been done.  Mr. Pitts believed that it was nearly ready.  Mr. Lynde said that the forth grade students had visited the State House.  He said they made the Town proud by their respect, attentiveness and knowledge base.  He ended by informing there would be a vote for House Bill 351, which was a proposed change to the education funding formula. 


Ms. Casey noted that the Selectmen would hold a special meeting, June 13, 2001 at 6:00pm at the Town Hall Annex to interview potential candidates for lieutenants at the Police Department.  She said announcements would be held until the next Selectmen’s meeting. 





(Farris/McDevitt) Request for a non-public session per RSA 91-A:3,II,b (the hiring of any person as a public employee) and e (legal).




Ms. Casey-Yes; Mr. Farris-Yes; Mr. McDevitt-Yes; Mr. Bergeron-Yes; Mr. Lynde-Yes


Ms. Casey 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 8:30 pm.  Also present was Mr. Pitts.


The Board returned to public session.


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


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







MOTION:           (Farris/McDevitt) To adjourn the meeting.


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


The meeting was adjourned at approximately 9:02 pm.


                                                                                          Respectfully submitted,


                                                                                          Charity A. L. Willis

                                                                                          Recording Secretary