January 8, 2002

APPROVED – January 15, 2002






Mr. Greg Farris, Mr. William McDevitt, Mr. Jean-Guy Bergeron


Also present:



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


 Ms. Deb Casey, Mr. Harold Lynde


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












Public Hearing - bond issue


Mr. Farris opened the public hearing and read the bond aloud as follows:


“Notice is hereby given that the Pelham Board of Selectmen will hold a public hearing at

6:35pm on Tuesday, January 8, 2002, it the Town Hall meeting room, 6 Main Street,

regarding a proposed bond issue to raise and appropriate the sum of six million, three

hundred seven thousand, three hundred eight-three dollars ($6,307,383.00) for the

reconstruction of the E.G. Sherburne Elementary School building for use as a police

station and municipal offices, and the construction of a new public library and to

authorize the issuance of not more than five million, five hundred ninety-seven thousand,

three hundred eighty-three dollars ($5,597,383.00) of such sum to be raised through the

issuance of bonds or notes under and in compliance with Municipal Finance Act,

 RSA 33:1 et seq., as amended, and further to authorize the withdrawal of up to seven hundred ten thousand dollars ($710,000.00) from the Municipal Building capital reserve

fund, and to authorize the Selectmen to apply for, obtain and accept federal, state, or other

aid, if any, which may be available for said project and to comply with all laws applicable

to said project; to authorize the Selectmen to issue, negotiate, sell and deliver said bonds

and notes and to determine the rate of interest thereon and in maturity and other terms

thereof; and to authorize the Selectmen to take any other action or to pass any other vote

relative thereto.”


There was no public input. 


Petition to lay out Town roads - Campbell Road, Andover Street and Gaston Street


Mr. Bill Martin, Gaston Street and Mr. Kevin Crooker, were two of the petitioners.  Mr. Martin gave a brief history of the ownership of Campbell Road.  He said the petition for laying out the Town roads was drawn up per the RSA and signed by ten property owners.


Mr. Pitts informed that six of the ten signatures were not registered voters, therefore there were four valid signatures.  He said the RSA did not specify the number of signatures needed.  Town Counsel had previously noted that one signature would be sufficient.  Mr. Martin said that the RSA didn’t specify that the petitioners needed to be registered voters.  He said that the property owners/taxpayers signed. 


Mr. Pitts said that the Highway Department and the Town Engineer needed to assess an estimate for the cost of the work before the public hearing.  He also noted that that not only the abutters needed to be notified, but also the persons served by the road should receive notice. 


Mr. Farris said that once the cost was assessed, the involved persons would be notified by certified mail of the date of the hearing. 


Fire Chief, David Fisher - Request for non-public session per RSA 91-A:3 (b) hiring





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




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


The Selectmen entered into a non-public session at approximately 6:45pm.  Also present was Mr. Pitts.


The returned to public session at approximately 7:35pm.




Reconsideration of Castle Hill Road Bridge Warrant Article


Mr. Pitts explained that he and Windham’s Town Administrator had discussed with the Department of Transportation and Legal the correct procedure for acquiring the funds for the bridge.  It was determined that the entire $30,000 municipal share would need to be raised.  Mr. Pitts said that $24,000 would be reimbursed, Windham would pay $3,000 and Pelham would pay $3,000.  He explained that the Warrant article wording needed to be changed to reflect the $15,000 needing to be raised. 



(McDevitt/Bergeron) To reconsider the wording of the Castle Hill Road Bridge Warrant Article




(3 - 0 - 0) The motion carries.



(McDevitt/Bergeron) To adopt the Castle Hill Road Bridge Warrant Article as rewritten.




(3 - 0 - 0) The motion carries.


Mr. Pitts noted that the impact on the tax rate would remain the same.





Highway bid awards



(McDevitt/Bergeron) To award the Highway Department bids as outlined in the December 13, 2001 memo submitted by Mr. Don Foss, Highway Road Agent. 




(3 - 0 - 0) The motion carries.


Resignation - Parks and Recreation Advisory Board


Mr. McDevitt informed that Mr. Robert Sherman submitted his resignation from the Parks and Recreation Board due to a conflict of meeting times with the Budget Committee.  Mr. Farris noted the care Mr. Sherman had for the Town.




(McDevitt/Bergeron) To regretfully accept the resignation of Mr. Robert Sherman from his position on the Parks and Recreation Advisory Board.




(3 - 0 - 0) The motion carries.


Contract negotiations - Bread Loaf Corp.


Mr. McDevitt said he had received a letter Jim Barret, Director of Development of Bread Loaf Corp., which suggested that the Town enter into negotiations with them relative to an agreement for architectural and construction management services, knowing that the Warrant Article still needed to be voted upon.  He asked for the Board’s approval to move forward with the negotiations.


Mr. Bergeron felt that the Selectmen should hold off on discussions with Bread Loaf Corp. until after Town Meeting, in the event there were motions at the meeting, or other Warrant Articles submitted.  He pointed out that there would be a new Board in March.  It was his belief that discussions should wait until after the voters had a chance to make a decision regarding Warrant Article. 


Mr. McDevitt said an agreement would not be entered at this time.  He said he was willing to put the time in up front for discussions, knowing that the things could change in March. 


Mr. Bergeron wanted to express that he would rather wait until the view of the entire Town was clear. 


Mr. Farris said that the Town’s decision would be the deciding factor.  He said that at prior Selectmen’s meetings, Bread Loaf Corp. reduced their requirements by approximately 40% so they would be the front runners for consideration for design.  Mr. Farris gave an example of a similar scenario, which was when the Town was purchasing a dump truck.


Mr. McDevitt explained that he was not authorized to enter into an agreement, but that he would like the opportunity to discuss contract language.  He felt it could help expedite the process if, after Town vote the agreement was to move forward.  He brought up the fact that the bond rates could possibly go up if discussions were not to happen until after Town vote. 


Mr. Bergeron reiterated that after March there would be a different Board of Selectmen.  He said that Bread Loaf had asked who was authorized to negotiate the agreement.  He was unsure how to answer their inquiry, since a vote had not yet been taken.  Mr. Bergeron felt that the new Board of Selectmen should carry out the agreement.  He agreed that if approved by Town vote, the agreement should move along as quickly as possible. 


Mr. McDevitt said he was willing to commit the many hours of personal time, with the clear understanding that it may be wasted. 


Mr. Bergeron felt that negotiations may be something the Town Administrator could handle.  Mr. McDevitt pointed out the fact that Mr. Pitts was leaving and it was unclear when the position would be filled.  He reiterated that the agreement would not be signed or entered into until after Town vote.  He said he would like to enter into a discussion with Mr. Barret relative to contract language so that the Town could receive information to be sent to Town Counsel for review.  Mr. Bergeron said the Budget Committee did their job so that discussions could happen at Town Meeting.  He still felt that the new Selectmen should have the ability to be a part of the decisions. 


Mr. Farris felt that the continuity with the new Selectmen should not be interrupted.  He felt if the continuity were disrupted it would be a disservice to the new Selectmen.  He said that speaking with Bread Loaf did not commit the Town to working with them.  Mr. Farris said the transfer station was an example of continuity failure.  He said that if the continuity was lost for the proposed project could cost money.  He also noted that Ms. Casey negotiated points during the transfer station discussions, but no action was ever taken until the Selectmen voted. 


Mr. McDevitt said again that he would like the opportunity to have a discussion with Bread Loaf so that he could bring information back for Selectmen and Town Counsel review.  Mr. Farris was okay with Mr. McDevitt having a conversation with Bread Loaf so that he could provide information at the next meeting. 


Mr. Pitts pointed out that having a discussion prior to Town vote should be considered, so that information could be provided and voter’s questions could be answered during the Town Meeting. 


Mr. Farris noted that the Building Committee would have two public meetings prior to Town Meeting.  He hoped that people would attend so questions could be asked and answered. 


Woekel Circle


Mr. McDevitt said he received a phone call from a resident on the private portion of Woekel Circle.  He said that the resident, in consideration for allowing the Town to turn around in front of his house, would like the Town to plow in front of his house (which was a section of the private portion of the road).  He went with Mr. Don Foss (Highway Road Agent) to the property and felt that there may be an alternate area for the plow to turn around.  He said if the plow could not turn around in an alternate area, then possibly there should be further discussions with the resident.  Mr. McDevitt wanted to clarify that individual Selectmen did not have the authority to authorize plowing. 


Mr. Pitts said a similar situation was discussed a year ago.  He did not recommend plowing.  He said the legality of turning around would need to be researched.


Mr. McDevitt said he told the gentleman he was welcome to come discuss with the Selectmen. 




Mr. Pitts said that the first draft of the codebook would be received during the first or second week of February.  He said the critique page was critical to the book and once filled out, the books would be available shortly. 


Mr. Pitts said that MRI had asked Mr. Pat McQueen to fill in as Town Administrator.  He said he would spend time with him on January 17th & 18th. 


Mr. McDevitt said he received an e-mail from Chairman Casey who had sent a proposed agreement with MRI for Mr. Pat McQueen to serve as an interim Town Administrator.  He said that Ms. Casey had negotiated the agreement and that MRI would continue to search for a permanent replacement. 


There was a brief discussion regarding the terms of the agreement.  Mr. McDevitt then made a motion as follows:



(McDevitt/Bergeron) To enter into the agreement with MRI to provide an interim Town Administrator per the agreement dated January 17, 2002.




(3 - 0 - 0) The motion carries.


Mr. Pitts believed that Ms. Casey had a signature copy of the agreement to forward to MRI.  If not, Mr. Pitts would provide Mr. Farris with a signature copy of the agreement. 


Mr. Bergeron received a memo from Mr. Bruce Mason, Superintendent of the Solid Waste Department that informed things were getting back to normal now that the holidays were over.  The brush area was open the day after Christmas and would remain open until January 12, 2002.  Mr. Bergeron informed that the incinerators had been removed and the final inspection was taking place. 


Mr. McDevitt said per the Selectmen’s authorization, he had signed an agreement with Mr. David Barnes of Divine, Milliment relative to bond counsel.  He said that Mr. Barnes fee would not be payable unless the Town approved the Warrant Article.  He said that he received a four-page set of requirements.  He said that the company would also need a copy of the Town Charter.  Mr. Pitts informed that a copy would be included in the codebook. 


Mr. Farris said that negotiations with Adelphia were ongoing.  He said the Municipal Building Committee were setting up two public meetings.  He said over the holidays the Park and Recreation Department sponsored a travel basketball tournament.  He thanked all the people involved and felt that the Pelham teams represented the Town very well. 





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




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


Mr. Farris noted that when the Board returned, after the non-public session, the Board may discuss a Warrant Article.  He said they would also seal the minutes of the non-public session and adjourn the meeting.  The Board entered into a non-public session at approximately 8:35pm.  Also present was Mr. Pitts.


The Board returned to public session.


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


VOTE:                 (3 - 0 - 0) The motion carries.







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


VOTE:                 (3 - 0 - 0) The motion carries.


The meeting was adjourned at approximately 9:06 pm.


                                                                                          Respectfully submitted,


                                                                                          Charity A. L. Willis

                                                                                          Recording Secretary