August 20, 2002

APPROVED – August 27, 2002






Mr. Hal Lynde, Mr. William McDevitt, Mr. Jean-Guy Bergeron, Mr. Richard Derby


Also present:



Mr. Tom Gaydos, Town Administrator, members of the press and general public.


Mr. Greg Farris


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




August  13, 2002



(Derby/Bergeron) To approve the August 13, 2002 minutes as amended.




(4 - 0 - 0) The motion carries.


The amendments to the minutes were as follows:  Page 6, 4th paragraph, the word ‘There’ was replaced with the word ‘They’.  Page 9, 4th paragraph, 3rd line, the percentage was corrected from ‘25%’ to ‘20%’.  Page 7, throughout the last paragraph the references to ‘GASBY’ were changed to read ‘GASB’.








Non-public session per RSA 91-A:3II (b) Interview for full-time dispatcher position, Police Department





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




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


The Board entered into a non-public session at approximately 6:41pm.  Mr. Gaydos was also present during the non-public session.   


The Board returned to public session at approximately 6:55 pm.



(McDevitt/Derby) To appoint Mr. Jon Goldman as a full-time dispatcher with the Police and Fire Department effective August 26, 2002. 




(4 - 0 - 0) The motion carries.


Mr. Lynde pointed out that Mr. Goldman had been a part-time dispatcher for the past two and a half years and came highly recommended by the Police Chief and the Lieutenant. 


Non-public session per RSA 91-A:3II (e) (legal)





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




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


The Board entered into a non-public session at approximately 6:56pm.


The Board returned to public session at approximately 7:27 pm.




Municipal Building Project


Discussion of forestry cut at Mills Property


Mr. Dan Cyr (Consulting Forester) and Ms. Gayle Plouffe (Forestry Committee) met with the Selectmen to discuss the forestry management on the Mills Property.  Ms. Plouffe believed that there should be a differentiation made between the forest management of the back acreage and the clear cut for the Municipal Building.  She said that for purposes of the meeting they would like to focus on the Municipal Building portion of the property.  Mr. Cyr showed a plan that highlighted the treed area that would become the common green, the area currently wooded that would need to be completely cut for the Municipal building and its parking.  He briefly discussed what would need to be cleared and how it should be removed.  He urged the Town to separate this project from the Forestry Management Project.  He said he would remain as a consultant to ensure the job was done correctly.  Mr. Cyr said that the buffers should be properly addressed with the abutters.  He informed, per state law, if the area were cleared more than 50% a variance would be needed, but if the Town stumped the area, a variance would not be needed. 


Mr. Bergeron asked that the stumping process be further explained.  Mr. Cyr said that when a tree chipping job was done, the good lumber was removed first and the remaining wood was fed into the chipper and sold.  He said that the stumps would still need to be removed and either buried on site (and noted properly on the plan away from any wetlands), or used as a burm, or ground into a wood chip product.  He felt that grinding would be cost prohibitive with a project of this magnitude.  He said that the stumps needed to be addressed in a contract before the bidding process was done so the contractor would know what type of site he would be inheriting.  Mr. Bergeron asked if the stumps could be transported and buried at an alternate site, such as at another municipality.  Mr. Cyr said the stumps could be transported. 


Mr. Lynde wanted to know how the Forest Management portion of the project would be separated and completed.  Mr. Cyr said that the clearing for the project would be a chipping job and the Forest Management area would be done conventionally.  Ms. Plouffe informed that the original plan was done in 1997, for approximately 43.8 acres, but had been postponed due to the Municipal Project.  Mr. Lynde asked how soon the Forest Management plan could be done for the balance of the property.  Mr. Cyr said he could possibly be done in two to three weeks.  Mr. Lynde asked if there would be access after phase one of the clearing.  Mr. Cyr said there were still viable options. 


Mr. McDevitt said it was important that hardwoods to be left needed to be coordinated with the architect.  He said there were multiple aesthetic considerations to be given to the trees along Marsh Road.  Mr. Cyr said that his associate had been in contact with Bread Loaf, who was speaking with the landscape architect.  He said that most of the area was sandy and well drained soils.  He didn’t believe that any blasting would need to be done.  Mr. Bergeron said that the State House was a good example of what a nice village green could look like.  Mr. Lynde suggested that the meetings could be expedited more efficiently if Bread Loaf, the landscape architect, Mr. Cyr, Forestry, and a Selectmen representative met on the site to discuss the plans.  Mr. Gaydos said that he would contact the interested parties and set up a meeting.  He will also inform the Police Department that people will be on site marking the trees. 


Mr. Bergeron asked when the public hearing would be held.  Mr. Lynde said that a public hearing was not needed for the clearing because it was part of the project.  He said that the public hearing for the management plan would probably be ready in a month or so.  There was a discussion regarding the land clearing and if Bread Loaf would assume the costs as part of their work or not.  Mr. Gaydos said he would find out if Bread Loaf would welcome local people handling the forestry aspect of the project.  Mr. Cyr said that the rights to cutting needed to be reviewed within the contract with Bread Loaf and clearly defined.  Mr. Lynde favored putting a package together and having the work put out to bid. 


(see below for additional Old Business items)




Peabody Forest restoration


Mr. Lynde informed that three years ago there had been a fire that got out of control off of Old Lawrence Road that had damaged/destroyed portions of the Peabody Town Forest.  He said the Town had since received a settlement of damage claims from the insurance company that would allow for restorations. 


Mr. Cyr said he had been directed by the Forestry Committee to review the site.  He said during the waiting period, more of the fire-damaged trees died and therefore had no commercial value.  He said that there was an additional quarter acre near power lines that were dying as well as an additional acre of pine trees that were half-dead.  He said that some trees needed to be salvaged and the dead trees should be put onto the ground to remove the hazard.  Mr. Cyr said that some of the trees still had value.  He discussed what would be done to the area and to the trees.  He said in the end the one and a half acres would basically be clear-cut.  He asked for direction from the Selectmen if it was preferred to go out to bid, or negotiate.  Mr. William Hayes noted that anything from $0 - $5000 did not need to go out for a bid, $5000 - $15,000 required three quotes, and anything over $15,000 had to be put out to bid. 


Mr. Dave Hennessey, Dutton Road provided photos of the area being discussed and noted that it was being used by some as a dump site for roofing materials and being used by some as a shooting range.  He believed before the area was salvaged, the access road should be blocked off so that no further damage would be done.  There was a brief discussion  regarding the most expedient way to proceed with the restoration of Peabody Forest.  The Selectmen agreed to have Mr. Cyr negotiate a price with a fair contractor and report to the Forestry Committee. 


Ms. Plouffe discussed park signs and believed that there would be room to inscribe the tree farm logo on existing signs.  She said that in the past it had been an Eagle Scout project.  Mr. Hayes said that it could be done with a router. 


(see below for additional New Business items)




Municipal Building Project


Mills Property parking


Mr. William Hayes met with the Selectmen and reviewed a letter he submitted dated July 15, 2002 that explained the deed restrictions on the Mills property.  Mr. McDevitt said that the Town wanted to follow the deed restrictions.  He didn’t see any problems with moving the Library parking to the side of the building.  He said that there was a Building Committee meeting in which the parking could be discussed.  Mr. Bergeron suggested having the road go behind the Library, where the main parking could be located, with a few handicap spots being reserved in the front of the building.  Mr. Hayes said that he envisioned the road going around the village green as one way with parallel parking.  Mr. McDevitt said that after the Building Committee met, he would be able to provide an alternative for the parking.


Mr. Bergeron asked if a material could be reviewed for the area in the event that there was a large gathering and additional parking was needed.  Mr. Hayes said that Mr. Bergeron was referring to the area previously used as the pumpkin patch.  He said at this point in time it would be a cost issue.  Mr. Bergeron suggested using the dirt that may be trucked out.  Mr. McDevitt believed the idea was good and that overflow parking spaces were needed.  He said that possibly in the process the area could be cleaned out a bit and used for parking.  He felt that as the project moved along further it could be considered.  Mr. Bergeron wanted to make sure that if materials were going to be trucked out, that creating the additional parking would be considered. 




Raymond Park Improvements


Mr. William Hayes informed that Gregory & Cook would be leaving Wednesday at noon, which was the same time that JSI would be returning.  He referred to his letter of July 22, 2002, which discussed improvements needing to be done at Raymond Park.  He discussed the area and noted that ATV traffic had torn up the new field.  He said that the field was ready for loam, seed and fencing and asked for authorization to proceed.  He said that three quotes had been obtained.  Mr. Hayes said that JSI would do the loam for $6000, Garabidian Landscaping provided a low quote for the fertilizer, lime, seed and mulch.  He noted that Dracut’s Lakeview Fence Company (owned by Pelham resident) beat the fence price that the school had been charged.  Mr. McDevitt asked where the money would come from for the work.  Mr. Hayes said the money would come from the warrant article that passed and the Tennessee Gas money.   


Mr. McDevitt was concerned with vandalism and said that the Police Chief should be made aware of the situation.  Mr. Hayes discussed a letter dated August 19, 2002 that addressed the vandalism issue.  There was a brief discussion regarding the ATV issue and the damage that had been done by vandals.  Mr. Bergeron asked if there was an area in Town that ATV’s could use.  Ms. Gayle Plouffe said there was no public area and if private property were used, the owner of the property would need to grant permission. 


Mr. Lynde said he would like a plan using the Town’s resources to send messages to the people causing the damage. 


Mr. Hayes said he was seeking authorization to have JSI screen, compact and spread the loam for a cost of $6000.  He also asked for authorization for fertilizer, seed, lime and mulch for $5520, and to add a fence for $6745. 



(McDevitt/Derby)  To authorize the expenditure of B,C and D as outlined in the memo Mr. William Hayes submitted to the Selectmen dated August 12, 2002 for 1) screening, compacting and spreading loam; 2) fertilizing, lime, seed and mulch; and 3) installing a fence.




(4 - 0 - 0) The motion carries.


Mr. Hayes referenced his letter of August 1, 2002, which explained the need for a well to irrigate the two fields where the swamp mats were.  He proposed a dug well at the edge of the wetland that consisted of digging the hole and adding crushed rock and adding a concrete cistern structure. 



(Derby/McDevitt)  To authorize $12,000 for the additional of a well, cistern, stone and excavation of two fields.




(4 - 0 - 0) The motion carries.


Mr. Hayes suggested that a second access be provided from Mammoth Road.  He said that once the rail road track was properly identified, south of the junkyard, a fence should be added.   


Mr. McDevitt asked if a permit was needed from the DOT for the second driveway access.  Mr. Hayes said that the second access could be used for emergency access.  He said that he would work with the Highway Agent to contact the DOT for an additional curb cut/driveway permit.  He asked the Selectmen for authorization to proceed with the three vendors when the exact location of the railroad track was found.  He recommended the following: 1) 50ft. right-of-way be cleared on the South side; 2) stump and grade the roadway; 3) run a fence up the North side of the railroad.  Mr. Bergeron asked what company would be doing the work.  Mr. Hayes said that a company had not been hired, but Pelham Lumber had been used recently.  He said he would like to stay with the same excavating company as had been used.  He said that Lakeview Fence of Dracut was previously the low quote. 



(McDevitt/Bergeron)  To authorize the construction of a second Mammoth Road entrance to Elmer G. Raymond Memorial Park with the total cost not to exceed $5200, recognizing that there are some boundary issues still to be resolved.




(4 - 0 - 0) The motion carries.


Mr. Hayes discussed the Gregory & Cook swamp mats.  He said that he went to JSI to find out if they could move the swamp mats.  He said that the gentleman from Gregory & Cook stacked the remaining swamp mats in a pile, out of the way of areas to be worked on.  He said that JSI would remove the mats and charge Gregory & Cook for the removal.  He said the Town would still be billing Gregory & Cook for the storage. 


Additional items pertaining to the Municipal Building


Mr. Bergeron said that he requested a summary of the bids of the design build information, and the cost of all of the bids to find out how the process was handled.  He said that Mr. Gaydos had found out that the work was issued by qualifications only so he wanted to know if bids were received by the in-house qualified bidders for each part.  He said that Mr. Illick informed that Bread Loaf reviewed the in-house people and negotiated with the companies based upon their experience that they felt would be the best people for the job.  He said that he requested the information (design specs. and costs), which would be forthcoming. 


Mr. Derby asked that reconsideration be given to a ten-year bond, and save 1.4 million for projects in Town.   Mr. McDevitt supported having an additional discussion when a full Board was present.  Mr. Lynde asked how soon the projects would be done.  Mr. Derby said the projects would be done within the ten-year period.  Mr. Lynde said that during the discussions he explained that with a 10-year bond the Town would be spending approximately 2 million more with a ten-year note versus a twenty-year note.  He said the actual cost to the taxpayers would be less during the first ten years would be less with a twenty-year note.  He said the amount of payout with a ten-year note would be the entire bond plus the entire interest.  He said he would provide a copy of the package he created for Mr. Derby to review. 


Mr. McDevitt informed that the Municipal Building Committee would be meeting Wednesday, 7pm at the Senior Center. 


Mr. Gaydos informed that the Town was scheduled for bond sale on August 28, 2002 with funds being received on September 5, 2002.  He said he could contact the Citizen’s Bank and find out what the implications would be to make a change.  Mr. McDevitt asked if it would be to the Town’s advantage to wait a week since rates were lowering.  Mr. Gaydos said that the initial idea was to have the Town out there before other communities.  Mr. McDevitt said that he had forgotten about the competitive nature and withdrew his question.  Mr. Bergeron asked if the interest rate was a definite figure.  Mr. Gaydos said the ending interest rate would be determined on the date of sale, August 28, 2002.  Mr. Gaydos said he could ask the bank how long the date could be delayed without affecting the sale on August 28, 2002.  He said the paperwork was dated August 15, 2002, which he believed was the date the Town went out for bid.  Mr. McDevitt said the Selectmen might need a special meeting to discuss if the bank provided options. 


Mr. Gaydos discussed the depository trust company and the issuance of bonds.  He said he had an agreement that would allow the bond to be issued to the depository trust company, and they would do the book entries for all the bonds and would therefore keep costs down.  He asked for the Selectmen to authorize the Chairman to sign the agreement on behalf of the Town with the trust company.  There was no objection from the Selectmen to have Mr. Lynde sign the document as acting Chairman.  Mr. Lynde signed the document.   


Mr. Gaydos informed that all the paperwork had not been completed for the transfer of the Mills property deed to the Town.  He said the plan was to transfer the property on September 1, 2002. 




Mr. Gaydos asked that the Selectmen approve an agreement with Mr. John Bobula to provide some consulting services regarding land-use, planning and zoning.  Mr. Lynde said that there was a meeting with Mr. Bobula  to review all the land-use concerns of the Town and to make recommendations for any deficiencies.  He said there would also be a follow up phase in which recommendations would be made.  The cost for Mr. Bobula services would be $3000. 



(Derby/Bergeron)  To authorize the expenditure of $3000 for the system overview of land-use parts of Town government. 




(4 - 0 – 0) The motion carries.


Mr. Gaydos said he had discussions with Department heads regarding the furniture for the new building and asked for Selectmen guidance regarding purchasing items.  Mr. McDevitt said there had been considerable discussion with the Budget Committee last year regarding including furniture in the bond, to which the Budget Committee strongly objected.  He suggested that Department heads evaluate what they currently have and what could be brought to the new building.  Mr. Gaydos said that consideration should be given to the quality of furniture wanted.  He said that he would create a proposal for review that would outline two levels of quality.  Mr. McDevitt said that with corporate downsizing, there were a lot of good bargains to be had. 


Mr. Gaydos said that the Recreation Director reviewed the play equipment at Sherburne School and was concerned that if it were moved, it would not make it.  He said it still needed to be determined where the equipment would be moved.  Mr. Derby felt that Mr. Tryon, Recreation Director would have the best idea where the equipment should be located.  Mr. McDevitt noted that certain items had been purchased through fundraising, which should be considered when deciding which items would be kept. 


Mr. Bergeron had no report.


Mr. Derby commented that he would like to see an agenda item for the next meeting that addressed the Pelham Center and the possible addition of traffic lights.  He also would like the Selectmen to discuss covering the ramp at the Senior Center, the Town’s water rights, as well as the possibility of bringing a natural gas line along Route 38 for the businesses.  There was a brief discussion regarding bringing the gas along Route 38.  Mr. Derby will discuss the issue further with Mr. Gaydos.  Mr. Gaydos said that the Town’s role would need to be researched.  There was a brief discussion regarding water rights.  Mr. Derby suggested that the Town take the water rights over and have Pennichuck run the operation. 


Mr. Gaydos noted that Ms. Sue Hovling was working with him regarding the cover for the ramp at the Senior Center.  He said that he discussed the issue with a person doing other work and was waiting for further information.  


The Selectmen discussed the Town center and the possibility of adding lights.  Mr. McDevitt said that NRPC had suggested, during their meeting with the Selectmen, that DOT be informed of the studies done.  He suggested that a meeting be set up so the DOT could review the report created by NRPC.  Mr. Bergeron said he was waiting to find out from NPRC if there was state money (approximately $175,000) available.  Mr. Lynde asked Mr. Gaydos to contact NRPC regarding what steps the Town needed to take. 


Mr. McDevitt provided the Selectmen with a list of pending projects to keep the Selectmen informed of what items were still pending.  He said that he had a conversation with Mr. Mark Genovesi regarding daffodil bulbs at Sherburne School that belonged to the second grade children.  He said that he would be digging up the bulbs at the request of Mr. Genovesi so they could be stored. 


Mr. Lynde informed that the Policeman’s cookout would be held Friday at Harris’ Inn.  He also noted that movie night would be held at the Pelham High School Wednesday night courtesy of Chuncky’s Cinema and the Pelham Police Relief Association.  Mr. Lynde said that there had been alternatives discussed for the Municipal Building and asked that consideration be given to possibly adding the items to the bid package.  He said the items were extending the stone wall and the possible addition of an atrium.  Mr. McDevitt said he would bring the suggestion up with the Building Committee. 


Mr. Gaydos asked if Divine Millimet & Branch could be hired for legal assistance during the course of negotiating union contracts.  There was a brief discussion and a consensus from the Selectmen to have Mr. Gaydos work with Divine Millimet & Branch for assistance with negotiating union contracts.   





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




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


Mr. Lynde 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 9:50pm.  Mr. Gaydos was also present during the non-public session.   


The Board returned to public session at approximately 10:12 pm.




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




(4 - 0 - 0) The motion carries.




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


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


The meeting was adjourned at approximately 10:13 pm.


                                                                                          Respectfully submitted,


                                                                                          Charity A. L. Willis

                                                                                          Recording Secretary