November 13, 2001 

APPROVED – July 2, 2002






Mr. Greg Farris, Mr. William McDevitt, Mr. Harold Lynde (arrived shortly after the meeting had started), Mr. Jean-Guy Bergeron


Also present:



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


 Ms. Deb Casey


Vice Chairman Farris opened the meeting at approximately 6:30 pm.












Public Hearing for the acceptance of a donation of land on Simpson Mill Road and a donation for Spring Street Extension Phase I


Mr. Farris began by opening the public hearing for the donation of land on Simpson Mill Road.  There were no members of the public present to discuss the donation of land on Simpson Mill Road. 


Mr. Farris then opened the public hearing for the donation of land for Spring Street Extension Phase I. 


Mr. Ray Brunelle, Matthew Drive asked to speak prior to the public hearing for the donation of land for Spring Street Extension.  He believed that the donation of land would include a pond off of Spring Street and a wetland at the end of Matthew Drive and would have a strip of land connecting the two.  He recommended that the stream located 150ft. from his property line be increased by 50ft. and used to connect the two ecosystems.  He handed information out to the Selectmen, which illustrated the development off of Shephard. 


Mr. Lynde arrived.


Mr. Brunelle believed that the 200ft. would be beneficial to the area, wildlife and the Town.  Mr. Lynde discussed the area and said the assumption was there would be future connection through Town land.  Mr. Brunelle discussed how a future connection could be made.  He ended by saying he was concerned with the area being disrupted. 


Mr. Bill Perkins, Hearthstone Realty Company and developer discussed some of the concerns.  He discussed the proposal for Phase I, approved by the Planning Board.  He showed where the future connection could be made.  He said they would make allowances for two connections through the subdivision.  Mr. Perkins said that he was working with Mr. Brunelle to address his concerns.  He said they would be donating approximately thirty acres for connections to surrounding parcels. 


Mr. Farris asked if any of the land would be liable for a land swap in Phase II.  Mr. Perkins said there was no land they were proposing now that they would need later. 


Ms. Deb Waters was pleased that the developer took open space into consideration and preserved an existing conservation area.  She said that the subdivision was pleasing and spoke highly of the donation, which would extend the protection areas.  She recommended if the Selectmen accepted the donation, that Town Counsel review the deeds. 


Mr. Bob Lamoureux, Blueberry Circle of the Snowmobile Club felt that the developer did a good job planning.  He provided an overlay map that showed a loop trail that would be lost with the development and was in favor of the connecting land so that there would be access to surrounding properties.  He pointed out where the wildlife corridor and how it connected.  He urged the Selectmen to accept the land to link abutting areas. 


Mr. McDevitt suggested that the dam eluded to, may need to be licensed with the state.  He said if it were to fail once the Town had the parcel, the Town would be responsible.  He suggested having the DES review the dam so the Town could make a more informative decision.


Mr. Farris discussed the road and hoped that it could remain as much in its natural state to help keep the aesthetics of the area.  Mr. Perkins felt it was better for Town’s to own parcels rather than have conservation easements.     


Mr. McDevitt said that the dam would need to be registered by the state and would be subject to periodic review.  He wanted to hold the vote until the dam had been reviewed.  Mr. Farris suggested that after DES reviewed, if there were no problems with the dam, there would not be a need for an additional public hearing.  He said the remaining question was who would be financially responsible if there were a problem with the dam.  Mr. McDevitt will work with Mr. Pitts to contact the DES and the Dam Bureau.


Mr. Farris asked once again if there were any representatives regarding the Simpson Mill Road land donation.  No one stepped forward.  He asked that the agenda item be added for the next meeting. 


Interview for Conservation Commission position


Mr. Christian Montminy met with the Selectmen for consideration as a member of the Conservation Commission.  He said he was interested in becoming more involved with the community.  He said his background was in marketing and would like the opportunity to help make people aware of environmental issues. 


Mr. Lynde noted that the Conservation Commission was an advisory board and wanted to know if Mr. Montminy could serve under the circumstances. 



(McDevitt/Lynde) To appoint Mr. Christian Montminy to the Conservation Commission as a full-time member for a term to expire in March of 2002.




(4 - 0 - 0) The motion carries.


Mr. Pitts, acting as a Justice of the Peace, swore Mr. Montminy in as a member of the Conservation Commission.


Ms. Jennifer Daigle, request to purchase Town land


Ms. Jennifer Daigle met with the Selectmen to request that rights be deeded to ML 7-169 next to Sawmill Road.  She said that she would like to build a house and needed driveway access.  She had not subdivided the property yet and was asked to meet with the Selectmen first. 


Mr. McDevitt said that if the Town owned the land, the Selectmen did not have the legal right to deed land and it would need to go before Town Meeting.  He said if Ms. Daigle wanted to purchase the land, he recommended that she submit a Petition Warrant Article for the frontage.  Ms. Daigle wanted to know if the size of the parcel made a difference.  Mr. McDevitt said the Selectmen could not deed land, or an easement to Town owned land. 


Mr. Farris said he would like to know the intention of the parcel, and how it would be subdivided.  He said that there would need to be more detail provided in the petition Warrant Article.  Mr. Pitts said that he could provide sample wording for the warrant article.  Mr. Lynde suggested that Ms. Daigle research what other requirements she would need to meet before she proceeded any further. 


Mr. Lynde asked if Ms. Daigle would be able to go through Burns Road.  Ms. Daigle said she couldn’t. 


Mr. Mike Sampson, NRRA - Transfer Station - Phase II


Mr. Mike Sampson of NRRA provided the Selectmen with a spreadsheet that contained information regarding the bailing process.  He said the Town was doing well with costs, except for paper.  He suggested an alternate company to get a better value.  He said that cost paid for plastic was still a problem.  He was currently finding a solution and researching companies for a better cost.  Mr. Sampson went on to discuss the processing costs for other items.  He suggested that the Town review a bailing operation for certain materials. 


There was a brief discussion regarding what the Town was currently paying and how a bailer and storage facility could save the Town costs.  Mr. Sampson believed that for $100,000 -  $150,000 the Town could build a fairly decent pole-barn structure enclosed on three sides with the baler located inside.  He reviewed a diagram of what the layout of the structure could look like.  He needed the Selectmen to inform him what direction to take. 


Mr. Farris discussed the current layout of the Transfer Station and wanted to know where the pole-barn structure should be located.  Mr. Sampson believed that the best location for the striker was in the center, where the recyclable materials were currently located.  He said that there should be access to both sides of the building.  Mr. Farris wanted to know if the current one-way traffic flow could be maintained.  Mr. Sampson believed the traffic flow could be maintained.  He noted that trailers picking up a load would back into the stall.  He suggested that the facility be open to the public for three days and process for two.  He said the general recommendation was to not process while the facility was open because it was not good use of manpower. 


Mr. Farris what size the overall building should be.  Mr. Sampson suggested that the building should be approximately be 120’ x 48’.  He said at the time the site was being assessed there was money available.  Mr. Pitts said that the Town would apply for a closure grant.  Mr. Sampson said that the Town would need to decide what to spend.  He suggested using local contractors to keep the costs low.  There was a brief discussion regarding what the approximate costs would be for the facility.  Mr. Sampson said House Bill 728 was pending and had a decent chance to pass.  He said the bill taxed all trash and went on to explain how funds would be returned to towns.  He said if the bill passed, it could defer some of the capital construction costs. 


There was a brief discussion regarding the type of baler to be purchased, Mr. Sampson did not recommend implementing a down-stroke baler.  Mr. Farris believed that the amount of money needed for the second phase should be researched.  He asked that Mr. Sampson provide his updated plans in writing so that the Selectmen could review and begin to move forward.  Mr. Sampson discussed the type of work that would need to be done before the building could be constructed. 


Mr. Lynde said that a plot plan would need to be done, so the location of a swap shop could be determined.  Mr. Sampson said that swap shops required particular management.  He discussed the issues relating to swap shops, such what would happen to items if they weren’t taken.  Mr. Lynde felt the goal should be to implement a baler so the Town would save money and make money as soon as possible.  He also felt the goal would be to add a swap shop as soon a possible to save money. 


Mr. Farris asked that Mr. Sampson stay in contact with Mr. Pitts and provide additional information.  He asked that Mr. Bergeron keep the Selectmen advised as to what is going on at the Transfer Station.  Mr. Pitts proposed that Mr. Mason obtain quotes from his current vendors for comparison.     




Coombs Junkyard License


Mr. Bergeron stepped down.


Mr. Ronald Fortier and Mr. Norman Coombs, Jr. met with the Selectmen.  Mr. Fortier said without the junkyard license, there were no funds to pay for a surveyor.  He provided a letter of intent to have a surveyor review the property.  Mr. Coombs requested that a temporary license be provided so that they could accumulate the funds needed for the surveyor. 


Mr. Farris asked what the timeframe was to have the land surveyed.  Mr. Fortier said it would take approximately six months.  Mr. Lynde asked why it would take six months to complete.  Mr. Fortier said there was a vast amount of research due to the amount of land. 


Mr. McDevitt said the requirements for the license had not been met and was unsure what the Selectmen could legally do for the Coombs that they wouldn’t do for someone else.  He felt the Selectmen should seek Town Counsel’s advice.  Mr. Pitts felt that court would want the Selectmen to work with a reasonable offer.  He suggested that the Coombs seek a reasonable offer from a surveyor and allow them to pay a specified amount into an escrow account so the case could be paid from the escrow account at the end of the six-month period. 


There was a brief discussion regarding what action should be taken.  Mr. Pitts asked that Mr. Fortier and Mr. Coombs state in a letter exactly what they were proposing and attach any backup paperwork for Town Counsel to review.  The cease and desist will remain until Town Counsel and the Selectmen can review further.  Mr. McDevitt said that if Town Counsel provided a favorable review, there would be no sense in having the Coombs wait a week for the answer. 


Mr. Lynde made a motion to receive the requested documents from the Coombs and have them reviewed by Town Counsel.  He said if everything was in order, the Selectmen would conduct a telephone poll to authorize that the cease and desist be lifted.  Mr. McDevitt seconded.  Mr. Farris asked that a time limit be placed on the lifting of the cease and desists.  Mr. Lynde said the intent of the motion was to allow the Coombs to resume operation and essentially grant them a six-month license, which was when the Coombs would have to come back with a completed plot plan.  He said that the Selectmen would want to know during the extenuation period that progress was being made.  Mr. Farris summarized Mr. Lynde’s intention and said that based upon favorable review from Town Counsel, the cease and desist would be lifted for a period of six months, during which time the Selectmen would see progress from the Coombs’ surveying company on the final submission of a certified plot plan by April 1, 2002.  Mr. McDevitt said that the Selectmen would receive a letter from Town Counsel outlining the steps to be taken. 



(Lynde/McDevitt) To receive the requested documents from the Coombs family and have them reviewed by Town Counsel.  If everything is in order, the Selectmen will conduct a telephone poll to authorize that the cease and desist be lifted.   




(3 - 0 - 0) The motion carries.  Mr. Bergeron had stepped down. 


Mr. Bergeron returned to the Board. 




Warrant Articles


Mr. Pitts said that Ms. Casey had requested that the Warrant Articles be provided to the Selectmen.  Mr. Pitts believed that Ms. Casey’s intent was to have the Selectmen review the Warrant Articles and possibly be prepared to vote during the meeting of November 27, 2001.  He asked to be informed if there were any articles expected that were not included.  There was a brief discussion regarding placing an ad for snow plow operators.  Mr. McDevitt asked Mr. Pitts to watch for a possible offer from the School District to sell the Town E.G. Sherburne School for $1.


Delegation of authority for filing a notice of lien


Mr. Pitts said he was the Town’s Welfare Director and he provided new guidelines two years ago that were adopted.  He said the guidelines did not include language that authorized him, as the Welfare Director, to sign welfare liens on people’s property if they receive welfare assistance.  He said there were a couple of instances where he needed to act quickly, and it was sometimes difficult to obtain three of the Selectmen’s signatures. 



(Lynde/McDevitt) To allow the Welfare Officer, Mr. Pitts, to file liens on properties when he feels necessary.




(4 - 0 - 0) The motion carries.


Appointment of representative to participate in the regional transit study and request for funding to sustain handicapped accessible transportation


Mr. Pitts said the request was sent in by people who were unaware of the Town’s budget cycle.  He said he could hold the request for a year. He said that Ms. Sue Hovling attended the initial organizational meeting because she represented the segment of the population most interested in having regional transportation. 

He noted that there was a request to appoint a representative to participate in the study advisory committee because regular meetings were being scheduled.  Mr. Pitts recommended that Ms. Hovling be the representative.  He said there was also a request for funding of $1250. 


Mr. McDevitt said that he had attended the meeting with Ms. Hovling and although she is happy to volunteer, she would like to see someone else volunteer.  He said he felt comfortable requesting that the Budget Committee reconsider the vote and place $1250 into the operating budget.  He went on to discuss the importance of the group and how they helped the eleven communities involved.  Mr. Farris suggested placing the amount in the budget, rather than waiting for a Warrant Article to be voted on. 



(McDevitt/Bergeron) To appoint Ms. Sue Hovling as the Pelham representative to the Greater Derry/Greater Salem Regional Transportation Counsel until such time as another appropriate volunteer steps forward. 




(4 - 0 - 0) The motion carries.


Proposed Purchasing Policy


Mr. Pitts reviewed the Town’s purchasing policy and created a draft that would grow with the Town.  He said copies had been provided to the Selectmen for review.  Mr. Farris asked that an agenda item be added to the next meeting to review the policy. 


Mr. Bob Tryon, Parks and Recreation Director, update on athletic field situation


Mr. Farris noted that Mr. Tryon had a family emergency and requested that the discussion be postponed. 




Mr. Pitts received an e-mail that informed that Dispatch News would be circulated throughout the Town.  He said Ms. Carol Theoharous of the Spirit Committee donated a 5’x8’ flag to the Town and brought in a supply of some of the souvenir books that describe the Town’s history so they could be given to new arrivals to the Town.  Mr. Pitts noted there was a winter parking ban in Town and informed that there was no parking on any public street or highway between the hours of 12midnight-7am during December 1, 2001 - April 1, 2002.  He said that Deputy George Garland was filling in as Chief Officer of the Fire Department during the time that Fire Chief Fisher was on vacation.  Mr. Pitts informed that the Town had spent 77% of the budget, based upon the Budget Committees numbers, which was under budget to date.  He went on to review the budgets that were running at a pace to run out of money.


Mr. Bergeron provided a report from Superintendent Bruce Mason of the Solid Waste Department.  He said that Mr. Mason would be on vacation the week of Thanksgiving.  He said the facility would be closed Thanksgiving Day and the day after.  He said one of the transfer trailers was being repaired and would possibly be back by Friday.  He said the front gate would be replaced the second week in December and the bill would go to Waste Management.  Mr. Bergeron said the Cemetery Trustees would be meeting Wednesday night.  He informed that the Board of Adjustment had rescheduled their meeting for November 15, 2001 in which they would hear four cases. 


Mr. Lynde noted that the Planning Board had met the previous week.  He said that a site walk had been done for the Gaudet subdivision.  He asked what the status was for the codification.  Mr. Pitts said he would follow up.  Mr. Farris asked what the status was of the forestland.  He also wanted to know the status with the fire insurance claim.  Mr. Pitts said he would follow up. 


Mr. McDevitt congratulated the Congregational Church for their 250th Anniversary.  He asked that the Selectmen leave an hour or so for discussion during the joint meeting with the Budget Committee.


Mr. Farris informed that the flu shot clinic would be at the Senior Center November 14, 2001 between 9am -12noon.  He said a letter had been received from Mr. Joe Miralda of Scout Troop 25 informing that Scout Jason Powers had obtained his Eagle Scout badge and the ceremony would be held at Harris’ Inn, Sunday, November 25, 2001.  He asked that Mr. Pitts create a proclamation of achievement. 





(McDevitt/Bergeron) Request for a non-public session per RSA 91-A:3,II,c & e (personnel & legal).




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


Mr. Farris 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 9:25 pm.  Also present was Mr. Pitts, Town Administrator. 


The Board returned to public session at approximately      pm.




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




(         ) 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