February 5, 2002

APPROVED – February 12, 2002






Ms. Deb Casey, Mr. Greg Farris, Mr. William McDevitt, Mr. Jean-Guy Bergeron, Mr. Hal Lynde (arrived shortly after the meeting started)


Also present:



Mr. Pat MacQueen, Interim Town Administrator, members of the press and general public.




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




January 22, 2002



(Bergeron/Farris) To approve the January 22, 2002 minutes as amended.




(4 - 0 - 0) The motion carries.


Mr. Lynde arrived.


December 10, 2001



(McDevitt/Bergeron) To approve the December 10, 2001 minutes as written.




(4 - 0 - 1) The motion carries.  Mr. Lynde abstained.












Extension of expiration date of Renewal Franchise for Adelphia Cable Communications


Mr. Jim Greenwood said that the franchise agreement had expired in October 2001 and was given a 90-day extension.  He said a draft agreement had been forwarded to Adelphia from Attorney Peter Epstein.  Aldephia still needs to do a red line copy.  Mr. Greenwood asked the Selectmen for an additional  90-day extension of the franchise agreement. 


Mr. Greenwood informed that Adelphia’s subcontractor White Mountain would be in Town for the cable rebuild, which is due to be completed by July, 2002.   



(Farris/Bergeron) To extend the existing extension an additional 90-days for the cable franchise contract.




(5 - 0 - 0) The motion carries. 




Warrant Article clarification


Mr. Bergeron asked for clarification of the language included on Article 8.  He wanted to know what would happen if Article 7 were to fail.  It was his understanding that when the Selectmen voted, that the language would be included in the Warrant Article.


Ms. Casey said that once the Selectmen voted, Town Counsel reviewed the Warrant Article to ensure that the language would be legally binding.  During the review, Counsel felt there were things needing to changed, or added.  Ms. Casey said that the Selectmen were the agents and would still have the final decision to accept the building.  Mr. Bergeron felt that once the Selectmen voted on wording, and Counsel reviewed, any changes made would be reviewed by the Selectmen.  Ms. Casey noted that the Selectmen did not have a meeting from the time the Warrant was sent to Counsel and received back. 


Mr. Farris said that any changes that Counsel makes would not change the intent or meaning.  He said that the change made by Counsel did not change the intent.




Consideration of Highway Department Standard Operating Procedures


Mr. Don Foss said that New Hampshire Municipal Association and Town Counsel had recommended that the Highway Department create a Standard Winter Operating Procedure.  He gave the Selectmen an overview of the procedure he drafted.


Mr. McDevitt asked if Pennichuck cleared out the areas around the hydrants.  Mr. Foss answered yes.  Mr. Farris added that Pennichuck also cleared the culvert areas. 


Ms. Casey asked how often the procedures would be updated.  Mr. Foss said they would be updated annually.  He said that he would like to have Town Counsel review the procedures and have the Selectmen adopt them. 


Mr. Farris asked if residents were responsible for maintaining their own sidewalks.  Mr. Foss said that he would only maintain the sidewalks in the Town center. 



(Lynde/Bergeron) To adopt the Standard Winter Operating Procedures submitted by Mr. Don Foss.




(5 - 0 - 0) The motion carries. 


Ms. Casey noted that the procedures were adopted with the understanding that they would be sent to Town Counsel for review. 




Consideration of Transfer/Recycling Facility regulations


Mr. Bruce Mason, Solid Waste Department met with the Selectmen.  He asked that the Selectmen consider minor revisions to the Transfer/Recycling Facility regulations.  He then reviewed the changes. 


Mr. Mason suggested that the facility open at 10:30am rather than 9:00am on Tuesday to save the Town $3200 in part time wages.  He noted that the facility would still be open to the public for over forty hours per week.  There was a brief discussion regarding changing the hours.  Mr. McDevitt asked that a portion of the saved monies be used for good communication signs noting the new hours. 


Mr. Mason went back to reviewing the minor changes made to the regulations.  He discussed a new program for recycling rechargeable batteries.  He also said that the Household Hazardous Waste Collection dates had changed to four times per year: May 4, June 6, October 5, November 2, 2002. 


Mr. Farris asked if light iron should also note ‘no picking’.  Mr. Mason said there were ‘no picking’ signs in place, but felt that a little flexibility should be granted.  There was a discussion about granting flexibility regarding picking.  Mr. Mason said he would add ‘no picking’ into the regulations.


Mr. Mason asked to increase the amount of tires accepted from two, to now accept four.  There was a discussion about raising the amount of tires accepted, and it was decided to increase the amount of tires to four per week. 


Mr. Mason continued review of the proposed changes.  He noted that all automobile gas tanks and all metal fuel containers (i.e. gas cans) need to be cut in half or the Town would be fined $100 a piece.  Mr. Farris asked what the cut-off date was for new propane tanks.  Mr. Mason said the cut-off date was April, 2002 for propane tanks to have the overfill protection valve and plug. 


Mr. Mason noted that no leaves or grass would be accepted.  Mr. McDevitt asked that the words ‘state law prohibits’ be added to the regulations in the section that prohibits leaves and grass from being accepted. 


Mr. Mason said that once the revisions were made, he would hand out to the people that come to the facility.  Ms. Casey asked that he provide copies to the Town Clerk’s office for new residents. 



(Bergeron/Lynde) To adopt the rules and regulations for the operation of the Town of Pelham, New Hampshire’s Transfer/Recycling Facility with the following changes: 1) page one - hours of operation for Tuesdays to be 10:30am-7:00pm effective April 1, 2002; 2) page two, item ten - ‘no picking’ be added; 3) page two, item twenty one - limit the number of tires accepted to four per week; 4) page three, number twenty four - add that picking will be by permission; 5) page three, number seven add the words ‘prohibited by state law’; 6) page three, item nine to list the Household Hazardous Waste Collections dates as - May, June, October and November.




(5 - 0 - 0) The motion carries. 


Ms. Casey asked the status of the swap shop.  Mr. Mason said that it would be part of phase II.  He said that once Mr. Sampson reviewed the plot plan the location would be reviewed. 


Town Planner situation


Ms. Casey informed that Mr. Don Jutten of MRI had made a proposal to the Town.  She said that Mr. Jutten’s proposal was to have a cooperative search in which Mr. Clay Mitchell (Interim Planning Director) would remain on a part-time basis and to hire a Planning Coordinator to work under Mr. Mitchell.  She said over the course of time the Coordinator would be allowed to grow in the position (after working with Mr. Mitchell) and later given the opportunity to become a full-time Town employee.  She said if it were decided that the person was not the person the Town wanted, they would remain an MRI employee. 


Mr. Farris wanted to know if a fee would be paid if the person were hired.  Ms. Casey said she had asked the question, but not received an answer back yet.  Mr. Farris asked that the Selectmen have a chance to review a couple resumes. 


Ms. Casey said the program was new to MRI and they would be willing to work with the Town.  She said that MRI provided an additional approach, in which MRI would screen candidates, as they are doing for Town Administrator, and the Town would select a person from the candidates.   


There was a discussion regarding MRI’s proposal and the need for a qualified person with some planning experience.  There was a concern about the lack of candidates.  Ms. Casey suggested that Mr. Jutten of MRI meet with the Selectmen to discuss the proposal.       


The Selectmen then discussed a resume previously received.  It was decided to inquire if the candidate the Selectmen met with in the past was still available.  If the candidate was available the Selectmen would then re-review the resume and ask for  Mr. Mitchell’s response.  The Selectmen also decided to meet with Mr. Jutten of MRI next Tuesday to discuss the proposal.   


Consideration of GASB 34


Mr. McDevitt said that new accounting standards would be applied to communities that would impose requirements of how towns treated their assets.  Mr. MacQueen said the new standards would come into effect in 2003.  He said that towns needed to value such things such as their buildings and roads.  He said he would review with NHMA to see if they provide a service to inventory the Town’s assets. 


Mr. Lynde asked if there would be a penalty if the inventory were not done.  Mr. MacQueen said that some towns weren’t doing it, but eventually they would need to.  He said if the town wanted to bond it may effect the ability or the rate. 


Mr. Bergeron’s understanding was that a complete inventory would be needed.  Mr. MacQueen said that an inventory would need to be done.  He said that the basic accounting standards would be applied. 


The Selectmen asked that Mr. MacQueen discuss with NHMA to find out if they offered a program for taking inventory of the Town’s assets. 


Master Plan


Ms. Casey said that the Master Plan Committee was having difficulty tallying the surveys sent out.  She said they were asking for $1000 to hire someone to complete the data entry.  Mr. Farris felt the money should come from the Planning Department’s money. 


Ms. Casey asked if it would be acceptable that the Master Plan Committee use $1000 to hire an outside firm to do the data entry.  The Selectmen were in agreement. 




Mr. McDevitt said there was a resident of Currier Road that wanted the area reviewed for the possible addition of a streetlight.  Mr. McDevitt asked for permission to speak with the Police Department and the Safety Committee regarding the issue.  The Selectmen were okay with him speaking to the Police and Safety Committee. 


Mr. McDevitt informed the Selectmen that he had received draft copies of Bread Loaf’s agreement.  He said they would be forwarded to Town Counsel for review. 


Mr. McDevitt handed out proposed fliers from the Building Committee for the Selectmen to review.  Any questions should be forwarded to Mr. McDevitt.  He said Town Counsel would also review the fliers.  He ended by saying that an effort would be made to have the fliers ready for community night. 


Ms. Casey asked the status of the general code.  Mr. MacQueen said he was supposed to have a review copy in the next week.




Mr. MacQueen said that $25 had been used for to purchase software so that all the welfare records in Town would be able to be accessed.  Mr. MacQueen then said that the annual report was at the printers and once it was complete a proof would be received.  He informed that the Police Chief had received preliminary for a grant that would cover 60 hours of overtime for speed enforcement.  Mr. MacQueen ended by saying that Ms. Sue Hoveling would obtain the wheelchairs from the same source as last year.


Mr. Bergeron had met with Mr. Bruce Mason of the Solid Waste Department who discussed the concern in the incinerator area.  He said that a 4’ fence would be added in the area in March or April.  He said that large containers had come in to be placed under the waste oil tanks and the number two fuel tanks in case of any leakage.  The placement of the tanks would be within the next two weeks.  Mr. Bergeron said that Mr. Sampson was contacted and provided with a copy of the building layout.  Mr. Mason would contact Mr. Roland Soucy (Building Inspector) to find out if the same septic design used at the Highway Department could be used at the Transfer Station.  Mr. Bergeron discussed the recycling process and informed that the Town could save $45 per ton by recycling.


Mr. Farris said that CIP met and would be sending department heads proposal sheets in the near future.  He said that threshold would be raised from $10,000 to $25,000.  He said that CIP would be meeting with all departments and committees for their proposals for next year once the sheets were returned.  Mr. Farris offered good luck to the Memorial eighth-grade basketball team because they finished in first place and would be going into the playoffs.  He ended by saying the Town Report would be dedicated to Mr. Jim Nagel of Chunky’s Cinema who had emerged himself in both the community and the schools.  He thanked Mr. Nagel for all he had done for the Town. 


Mr. Lynde discussed the cases heard by the Planning Board.  He said that the Planning Board would be holding a public hearing regarding a Fire Department impact fee and asked that the Selectmen also post a public hearing March 5, 2002.  Mr. Lynde discussed the V & G Development proposed 30-lot subdivision.  He said at the prior meeting there was a motion on the floor to deny the plan due to the lack of a provision for open space.  He said they had agreed to put a 300’ buffer for a wildlife corridor  He said the plan presented last night did not contain the buffer.  He said they brought their attorney and informed they would not provide the requested buffer.  Mr. Lynde said that the attorney’s letter would be sent to Town Counsel for review and comment.  He hoped that the Town would stand firm and require open space.  Mr. Lynde discussed the Maurice Picard proposed 17-lot subdivision in which there was a discussion to decrease the number of lots and sell the remaining portion to the Town with the abutters helping to pay for the cost.  He ended by saying that the Planning Board had five agenda items they were unable to discuss and were seeking a 90-day extension for.  He then made the following motion. 



(Lynde/McDevitt) To grant a 90-day extension to the following Planning Board cases:

Map 3 Lot 88-2 & 89, Map 4 Lot 138, Map 12 Lot 41 & 43, Map 12 Lot 225 and Map 2 Lot 12.




(5 - 0 - 0) The motion carries. 


Mr. Bergeron discussed the priority order of the Planning Board’s agenda and asked for clarification of what order cases were heard.  There was a brief discussion and Mr. Lynde said he would discuss with Mr. Bergeron after the meeting. 


Mr. McDevitt discussed the problem with the ice at the Senior Center walkway.  He asked the Selectmen if he could work out a solution with Mr. Don Foss.  The Selectmen did not have a problem with him speaking to Mr. Foss. 


Ms. Casey said there were minor adjustments made to the Warrant during the deliberative session.  She said that a new Warrant would be available and sent out with the Town Report.  She said that the Master Plan was due to be completed by April 1, 2002.  She ended by informing that the following would be running for the named positions:  Ms. Mary Collins - Town Clerk/Tax Collector; Mr. William McDevitt - Selectman; Mr. Dick Derby - Selectman; Mr. Ron Bourque - Selectman.  She urged that people cast their vote on March 12, 2002. 





(McDevitt/Bergeron) Request for a non-public session per RSA 91-A:3,II,a & e (personnel and 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 may take action, and would seal the minutes of the non-public session then adjourn the meeting.  The Board entered into a non-public session at approximately 9:00pm.  Also present was Mr. MacQueen.


The Board returned to public session at approximately 9:15pm.



(Lynde/Bergeron) To authorize Mr. Lynde to pursue the appeal of the Planning Board’s decision in regard to the Gaudette subdivision phase II because of fire and safety issues relating to the creation of a dead end road over 1000’.




(5 - 0 - 0) The motion carries.





(Farris) Request for a non-public session per RSA 91-A:3,II,d (land matters).




The Selectmen all voted yes.


The Board entered into a non-public session at approximately 9:23pm.  Also present was Mr. MacQueen.

The Board returned to public session at approximately 9:26pm.




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




(5 - 0 - 0) The motion carries.










MOTION:           (Farris) To adjourn the meeting.


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


The meeting was adjourned at approximately 9:28 pm.


                                                                                          Respectfully submitted,


                                                                                          Charity A. L. Willis

                                                                                          Recording Secretary