September 3, 2002

APPROVED – September 24, 2002






Mr. Greg Farris, 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.




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




August  27, 2002



(Derby/Bergeron) To approve the August 27, 2002 minutes as amended.




(5 - 0 - 0) The motion carries. 


The amendments to the minutes were as follows: page 1, the word ‘Mr.’ was deleted from in front of the words William Scottsman; page 2, 7th paragraph, 3rd line - the word ‘it’ was added, and the word ‘would’ replaced the word ‘was’ - “but ‘it’was something that ‘would’ still be reviewed; page 6, 1st paragraph, 5th line - the word ‘to’ was deleted from in front of the words ‘bids list’; page 8, spelling correction of the word convenience.




Mr. Bergeron stepped down. 


Representative Chuck Morse of Salem spoke during open forum to introduce himself to the community.  Representative Morse informed that he was a candidate for State Senate.  He discussed the political positions he had held.  Mr. Morse said if anyone had any questions, he could be reached at 603-362-6200 or at 603-894-5459. 


Representative Jean-Guy Bergeron informed that he was a candidate for State Representative and as a result of redistricting would be representing both Pelham and Hudson if elected.  He said that Hudson had invited him to attend their 3-day Old Home Day where they had an information table set up, as well as a float in the parade for candidates.  He said that he invited the candidates from Hudson to attend Pelham’s Old Home Day.  Representative Bergeron said that he had read a posting which informed people if they wanted to participate in the parade (by float or marching) they should contact Mr. Todd Trusty.  He said that he contacted Mr. Trusty and was informed that everything was fine with regard to the parade, but that he would re-ask to find out if anything had changed.  Representative Bergeron said that a resident had researched having a table at Old Home Day, which he also asked Mr. Trusty to confirm.  Mr. Trusty informed Representative Bergeron that a table was not available and at the same time informed him that the candidates could not be in the parade.  Representative Bergeron explained the situation with the Chief of Police, who provided copies of the RSA and suggested he contact the Attorney General’s office, which he did and was told that the parade would be handled by a municipality (Town attorney).  He said that Mr. Gaydos contacted the Town Attorney and sent an e-mail to the Selectmen for review.  Representative Bergeron said he was told that there had been an incident in the past which was the reason that candidates and/or politicians could not attend the parade.  He said that none of the postings contained exclusions for candidates and/or politicians.  After research, Representative Bergeron said that any group wanting to have a parade could pull a permit, which was confusing since other groups (i.e. Boy Scouts, Lions Club) were not asked to pull permits.  He said that after further research, it was found out that the Police department had budgeting for the event, through Town taxes. 


Representative Bergeron said that he felt awkward not reciprocating a welcome to a town who had welcomed our Town’s candidates, especially since Pelham may be represented by one of Hudson’s representatives.  He believed there was a possibility that the Governor would be coming to Town and hoped that she would be allowed, as well as any other candidate. 


Representative Bergeron said that he believed since the parade was being funded by the Town and operating on Town roads that it may be a different circumstance than having an information table.  Mr. McDevitt compared the issue with that of the Gay Pride group in South Boston.  He said that they had made the same argument about the parade being on public roads with the Police being present.  He believed that the issue was brought to court and the Gay Pride group lost the case.  Mr. McDevitt said that the Town was not sponsoring the parade and suggested that Representative Bergeron contact the Congregational Church.  Representative Bergeron said that in the past when St. Patrick’s Church held an event such as a road race or parade, they had to pay for the Police detail, not the Town.  He questioned the fact that the event was for the family, yet certain people were being told they could not attend. 


Mr. Lynde said that no one was being barred from attending Old Home Day, but the issue was participation in the parade.  He said that Old Home Day was run by a committee under the First Congregational Church.  He said that there was a committee that made decisions.  He said in the past something had soured the committee on having politicians in the parade, which lead to the decision of not allowing any politicians.  He said that the committees made decisions based upon a consensus.  He said that anyone was welcome to mingle with the crowd at Old Home Day and walk alongside the parade. 


Mr. Farris said his question was a private organization taking tax payer money for the Police detail.  Mr. Gaydos noted that the issue of public funding was not addressed by the court during the case discussed by Mr. McDevitt.  He said that the court only recognized that the permit was pulled by a private organization.  Representative Bergeron noted that the Chairman of the parade committee, Mr. Trusty was not aware of the no politician rule.  He said if he had not asked Mr. Trusty a second time, he would have had a float brought to the parade.  He didn’t feel that the incident in the past should continue to restrict participation in the future.  He said that he wanted to know who all the candidates were and believed that their participation was a positive thing. 


Mr. McDevitt said it appeared that two issue were being discussed, the first being who could be in the parade, which should be addressed with the Trustees of the Congregational Church, and second, tax funds paying for the parade.  He wanted to know if Representative Bergeron was objecting specifically to taxpayer funds being used to provide Police protection for the Old Home Day parade.  Representative Bergeron said he would like to address the parade issue.  He said that eleven Republican candidates had participated in Hudson and were interested in participating in Pelham.  He said that he had first been told the candidates could participate, and then later had been told they could not participate.  He reviewed the posting and noted that there were no exclusions listed.  He wanted to know if the Governor would be allowed to participate in the parade.  Mr. Lynde said the Governor would not be allowed to participate in the parade, based upon the parade committee’s decision.  He said the event had taken place for ninety-six years being run by a limited number of volunteers.  He noted that participation was an all-day event.  He noted that the Police traffic control was day-long based upon the many events taking place (i.e. road race). 


Mr. Farris believed that if the Town was paying for the details, it should be brought to the taxpayers to make that decision.  He said the cost for details should be reviewed.  Mr. McDevitt believed if review of who paid for parades, all parades would have to be addressed.  The intent of Mr. Farris and Representative Bergeron was not to bill organizations for Police details.  Mr. Farris said that the Selectmen could only oversee and ensure that everything was fair.  He said the Selectmen could not determine who participated in the parade.   


Mr. Mike Hammar, Garland Drive came forward to discuss the booths at Old Home Day.  He said that he had a few questions that had basically been addressed.  He felt that having the candidates present was a good opportunity for residents to see who’s who and understand where people stand on certain issues. 




Budget Review


Mr. Bob Blanchette, Senior Financial Analyst, met with the Selectmen and reviewed the budgets.


Park and Recreation - $311,070 requested.  Mr. Farris noted that the amount had gone up mostly to the Town auditors requesting a different technique of how the money was run.  He said that fees now go directly into the General Fund and Mr. Bob Tryon’s cost would come out of his prescribed budget. 


Salaries were reviewed.  It was noted that the maintenance person was removed since a great deal of the duties would be included in a vendor agreement.  Mr. Tryon asked that a line item be added for a part-time maintenance person  for a total of ten weeks, $15 per hour, 25 hours per week ($3750 to be added). 


There was a brief discussion regarding the preschool program, which Mr. Tryon would reinstitute if the numbers for registration came through.  He said the budget was for thirty children. 


There was a question of the pre-stamped envelopes.  Mr. Tryon said that after research, they found it was less expensive to buy pre-stamped, versus putting the envelopes through the meter.  Mr. Lynde asked that backup be included when the budget went to the Budget Committee. 


The Selectmen continued discussing the budget.  There was a brief discussion regarding the maintenance contract and the items that Mr. Tryon felt should be considered as extras to the agreement (i.e. grubbing, thatching and aerating).  Mr. McDevitt believed that the items should be in the Buildings and Grounds budget to alleviate confusion.  The amount for lawn, seed, fertilizer, toilet paper, paper towels, general properties, phone repairs, electrical repairs and plumbing (total of $4550) were moved from Park and Recreation’s budget to the Buildings and Grounds budget.  The mower was eliminated from Park and Recreation’s budget. 


Mr. Tryon discussed what items from new equipment could be eliminated if a private maintenance company were hired.  Mr. McDevitt noted that if the Budget Committee did not approve the maintenance company, Mr. Tryon’s budget would need to be revisited.  Mr. Tryon said if the Budget Committee did not recognize the importance of the maintenance company, Park and Recreation would be under enormous constraints. 


There was a discussion regarding Bread Loaf’s study for a community center.  Mr. McDevitt felt the $7500 for Bread Loaf’s study should be a warrant article.  The Selectmen agreed.  Mr. Tryon will submit a warrant article for the $7500 needed for Bread Loaf to do a study for a community center. 


The Selectmen continued to review Park and Recreation’s budget.  There was a discussion regarding what items would remain and what items would be moved.  It was determined that the revised request for the Park and Recreation budget would be $291,099. 


Mr. McDevitt said that he would prefer to see $4035 removed from point one (preschool program).  He recalled past discussions of attendance and the risk with having young children attend.  He said if the motion did not pass, he would support a number minus the $4035.  Mr. Lynde disagreed and believed that the liability issue had been covered. 



(Lynde/Bergeron) To budget $291,099 for Park and Recreation.




(3 - 2 - 0) The motion carries.  Mr. McDevitt and Mr. Derby voted no. 


Mr. Lynde stepped away.


Town Celebrations - $7530 requested.  There was a brief discussion regarding which activities had been moved the previous year from the Park and Recreation budget to Town Celebrations.  Mr. McDevitt suggested retaining an amount for an opening ceremony for the Municipal Building. 



(Derby/McDevitt) To budget $7530 for Town Celebrations.




(4 - 0 - 0) The motion carries.  Mr. Lynde stepped away.


Principal on Long Term Debt - $382,383 requested.  It was noted that the Town’s bond for the Municipal Building would be at 4.11% interest.  Mr. McDevitt noted that the budget sheet reflected the new number ($277,383 for the Municipal Complex and $105,000 for the road bond).



(McDevitt/Bergeron) To budget $382,383 for Principal on Long Term Debt.




(4 - 0 - 0) The motion carries.  Mr. Lynde stepped away.


Interest  on Long Term Debt- $221,612 requested.



(McDevitt/Derby) To budget $221,612 for Interest on Long Term Debt.




(4 - 0 - 0) The motion carries.  Mr. Lynde stepped away.



Human Services - $20,025 requested.  It was noted that the requested amount was the same as the original number.  



(Derby/McDevitt) To budget $20,025 for Human Services.




(4 - 0 - 0) The motion carries.  Mr. Lynde stepped away.


Mr. Lynde returned.


Conservation - $12,950 requested.  Mr. Farris suggested moving the same number as requested in 2002, since no one had come to discuss the budget with the Selectmen.  The 2002 budget for Conservation was $11,900.  Mr. McDevitt asked if Mr. Gaydos had heard from anyone in regard to the Conservation budget.  Mr. Gaydos said he had not been contacted regarding the budget for Conservation. 



(McDevitt/Derby) To budget $11,900 for the Conservation Commission.




(5 - 0 - 0) The motion carries.



Buildings and Grounds - $295,145 originally requested, with $10,695 being added from the Park and Recreation budget which total the new requested amount of $305,840.  Mr. McDevitt said that there were still some unresolved issues (i.e. phone system) that would be reviewed during reconsideration. 



(McDevitt/Lynde) To budget $305,840 for Buildings and Grounds.




(5 - 0 - 0) The motion carries.


Mr. Farris asked Mr. Blanchette to provide the Selectmen with a cover sheet that showed 1) 2002 appropriated number; 2) what the Selectmen had voted on for 2003; 3) amount for contractual obligations; 4) amount for warrant article obligations; 5) remaining increases; and 6) department revenues.   


*See additional Old Business items below.




Waiver of Article K, Paul Zarnowski, Health Officer


The Selectmen convened as the Board of Health, Chairman Paul Zarnowski conducted the hearing.


Mr. Jim Lamontagne and Mr. Lou Tessitell met with the Board of Health to request a waiver to Article K, per 295-16 (setback) for ML 22-7-242, 66 Bridge Street. 


Mr. Lamontagne gave a brief history of the property and explained that they needed a new septic system.  Mr. Zarnowski said that he had reviewed the property and the distance to the existing well had been maximized.  He said they were also trying to maximize the distance to the catch basin and drainage line.  He said the system was in-ground.  He pointed out where the existing system was located. 


Mr. Lynde asked if there would be any problems with the neighboring properties.  Mr. Zarnowski said there were no neighboring properties. 



(Lynde/Farris) To approve the waiver of Article K per 295-16, which required a minimum setback of 10ft from a lot line, to allow a setback of 1/2ft.




(6 - 0 - 0) The motion carries.


Waiver of Article K, Paul Zarnowski, Health Officer


Mr. Dennis LeBombard representing the applicant/owner of record, met with the Board of Health to request waivers to Article K, per 295 (setback) for ML 30-11-131, 193 West Shore Drive.  Mr. Zarnowski pointed out that a summary of the waivers were noted on the plan and read through each of them.  He said that a Clean Solutions pump system was being proposed. 


Mr. LeBombard said that the lot was small and did not believe there would be a way to upgrade the system to meet all the requirements of the state and the Town.  He said that he had discussed the situation with Mr. Zarnowski and believed that the Clean Solutions system would be the best option and would not pose a health problem. 


Mr. Farris asked if any releases would be needed from abutters.  Mr. Zarnowski said the only well release needed had been obtained through a former Article K approval.  He had previously asked that an affidavit of liability be drawn up and signed by the applicant. 


There was a brief discussion regarding the proposed system and why the proposed location had been chosen.  It was noted, if the Board of Health approved the plan, it would still be reviewed by the state.     



(Farris/Derby) To grant the waivers of Article K, Section 295-16 for ML 30-11-131 for the required setback waivers as stated on the plan.




(6 - 0 - 0) The motion carries.


The Board of Health adjourned.  The Selectmen reconvened.




Budget Review


Mr. Farris noted that the wording of the warrant article for the Police Officer grant had been revised to include the amount needing to be appropriated this year.  He suggested that the warrant include that the grant would be specifically for a traffic officer.  Mr. Gaydos believed that he would review and draft acceptable language.  Mr. Farris wanted to ensure that specific language would be included so that voters would know exactly what was being requested.  The wording of the warrant was discussed further and it was decided to address the issue at a later date. 


Municipal Building


Mr. Gaydos informed that he would be meeting with Bread Loaf, Mr. Francor’s group, ABS on Thursday to review the entire project and asbestos removal.  He said that an additional meeting would be set up as sort of a pre-construction conference around the sixteenth of the month.  He said the hope was that Monday, September 23, 2002 the bids would be opened and presented so they could possibly be awarded at the Selectmen’s September 24, 2002 meeting.  He said the bids would be awarded so that construction could possibly begin September 30, 2002.  Mr. Gaydos said that he received further clarification of the process for MEP pricing. 


Mr. Lynde asked to see an update of the schedule of events.  He also requested an estimated payout schedule.  Mr. Gaydos said he would request the items from Bread Loaf during his meeting on Thursday. 


Mr. Bergeron asked for an update on the deed.  Mr. Gaydos said that the deed had been executed and would be recorded.  Mr. Bergeron asked if any more information had been received regarding the DES permits.  Mr. Farris said that Bread Loaf had filed for the permits and did not expect any problems.  Mr. Bergeron said that he had previously discussed the possibility of setting up a sub-committee to work with the Building Committee.  Mr. Gaydos said that he was researching the costs for a clerk-of-the-works.  He discussed the possibility of a hiring a clerk-of-the-works and asked if the Town would then assume the ability to change any process that Bread Loaf wanted to implement.  He said since Bread Loaf was guaranteeing work and finished product, he wanted to know at what point would the Town start to tamper with the guarantee.  He said that he called Mr. John Illick to discuss the issue. 


There was a discussion regarding what the role of a clerk-of-the-works would be in connection to the work that Bread Loaf would be performing.  As the conversation progressed, the role of the Town Inspectors was brought into the discussion, as well as the role a sub-committee (made up of three or so professional people who did not bid on work) may hold. 


Mr. Bergeron discussed the total cost and the fact that the bids to be accepted would be the lowest.  He felt that the project could be done for less money and would have a guaranteed price that the best bidder put in.  He believed that there was a need for a sub-committee as well as a clerk-of-the-works to ensure that the job gets done, as it was proposed to the people.  Mr. Farris asked that Mr. Gaydos discuss the project with the inspectors to find out when they reviewed if they will be reviewing the building strictly by code, or if they will review the plans implemented to code.  Mr. Farris told Mr. Bergeron if he had someone in mind for the sub-committee, he should refer them to Mr. Gaydos.  Mr. Bergeron asked that the cost for a clerk-of-the-works be reviewed.  Mr. Gaydos said that a lot of the people with experience and good references were very busy.  He said that he had been comparing hiring a person as opposed to a firm.  Mr. Lynde wanted to know what the clerk-of-the-works would guarantee.  He noted that Bread Loaf had signed a contract with the Town and was guaranteeing their work.  He wanted to know more information about the process Bread Loaf used to guarantee their work.  Mr. McDevitt noted that Bread Loaf would have an on-site manager reviewing the work..  Mr. Gaydos said he would be discussing the process with Mr. Illick. 


Mr. McDevitt noted that there would be interest earned from the bond money.  He wanted to know if a warrant article would be needed if it were decided to capture the interest, and place it in the Building Fund.  Mr. Gaydos said that the appropriation could not be overspent and believed a warrant article could be drafted.  Mr. Lynde suggested wording the warrant article so that the amount would not exceed a certain amount of money.  Mr. Gaydos said he would contact DRA for guidance. 


Mr. McDevitt believed that the plan should go before the Planning Board for a courtesy review.  Mr. Gaydos said that Ms. Jan Becker, Bread Loaf indicated she would be meeting with the Planning Board on September 16, 2002.  Mr. Bergeron asked if the abutters would be notified of the Planning Board meeting.  Mr. McDevitt said that normally a developer paid the cost for the certified letter, but in this case, the tax payers would be paying the cost.  He questioned the process needed for Planning Board review.  Mr. Bergeron asked if the abutters should have the opportunity to discuss what would be happening on site before any changes occurred.  Mr. Farris said that abutters didn’t normally have that opportunity. 


Mr. Farris asked if a warrant article should be submitted for furnishings.  Mr. McDevitt said that Bread Loaf may submit a list of furniture needs.  Mr. Gaydos said he had asked the Department Heads review their inventory and note any needs.  There was a brief discussion regarding the Library’s possible needs.  Mr. McDevitt said he hoped they came forward with a warrant article.


Mr. McDevitt asked if Bread Loaf had dropped off the final plans with a letter asking for commitment.  Mr. Gaydos said he had not received the final set of drawings yet.  Mr. McDevitt wanted to know if a ground breaking ceremony should be scheduled for September 28th or 29th since construction may possibly begin on September 30, 2002.


Mr. McDevitt ended by saying that the Selectmen should review the gym at the school.  He had a discussion with someone who provided some suggestions.  He asked Mr. Gaydos to post a meeting since there would be three Selectmen present.  There was a brief discussion and decided that the Selectmen would meet at the school at 6:45pm Thursday.  Mr. Bergeron was unable to attend Thursday and asked that Mr. McDevitt set up an alternate time to show him the gym.  Mr. Gaydos will set up and post a meeting.  Mr. Farris asked that Mr. Gaydos also post Thursday night (Planning Board/CIP presentation) as a meeting.  




Streetlights, Downtown Pelham


Mr. Farris asked Mr. Gaydos to list all ongoing issues for Selectmen review.  He asked that each of the Selectmen create a timeline for outstanding issues and submit to Mr. Gaydos for scheduling onto future agendas. 


Mr. Derby didn’t feel that the Selectmen should discuss the traffic lights until the DOT had discussed the issue. 


Hawker/Peddler/Itinerant Vendor’s License


Mr. Gaydos said a renewal request had been received. 



(McDevitt/Derby) To grant Mr. Jeffrey Burke, 1 Maple Place, Salem, New Hampshire a

Hawker/Peddler/Itinerant Vendor License for one month beginning September 6, 2002 and ending October 5, 2002. 




(5 - 0 - 0) The motion carries.




Mr. Gaydos said that the Fire Department was planning a remembrance ceremony at the Fire Station for September 11, 2002 beginning at 9:45am - 10:30am.  He wanted to know how the Selectmen felt about Town employees attending.  There was a discussion if Town offices would close for the remembrance ceremony.  It was decided to allow employees to attend the ceremony, but to also keep the Town offices open during the ceremony.  Mr. Gaydos said that before he was employed, it was his understanding that there had been discussions regarding employees being able to do a payroll deduction into a disability policy (LTD).  He said it had not been discussed that the Town would contribute.  Mr. Farris said that a non-public discussion had occurred in the past during contractual discussions.  The Selectmen decided to discuss further during non-public session.


Mr. Derby had no report.


Mr. McDevitt noted that an ecumenical memorial service would be held September 11, 2002 at St. Patrick’s Church beginning at 7:30pm.  He said that the residents on certain private roads were anxious to know the costs for plowing their private roads as the Town did the previous year.  Mr. Gaydos informed that he would be having a meeting at 8:30am Wednesday to discuss the situation.  Mr. McDevitt said that he had questions for Mr. Bob Tryon regarding Muldoon Field regarding a fence.  He said that Mr. Tryon should also be asked if he wants the Sherburne School playground equipment.  Mr. Farris believed that Mr. Tryon was still to speak with the School Board.  Mr. McDevitt also wanted to know if Mr. Tryon had any recommendations for Sherburne School fields.


Mr. Bergeron informed that he spoke with Mr. Larry Neskey at the Transfer Station who informed that the oil filter crusher came in and would be installed soon.  He thanked Mr. Gaydos for a clear progress list of interested bidders for the Municipal project. 


Mr. Lynde informed that the Planning Board would be holding a meeting Thursday night.  He said one of the items on the agenda was the CIP.  Mr. Lynde noted that Old Home Day would be Saturday, September 7, 2002, from 9am - 7:30pm.


Mr. Farris noted that the cable conversion was progressing.  He noted that the Selectmen would not be meeting the following Tuesday due to the primary election.  





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




Mr. Farris-Yes; Mr. Lynde-Yes; Mr. McDevitt-Yes; Mr. Bergeron-Yes; Mr. Derby-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 10:21pm.  Mr. Gaydos was also present during the non-public session.   


The Board returned to public session at approximately 11:10 pm.




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




(5-0-0) The motion carries.




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


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


The meeting was adjourned at approximately 11:10 pm.


                                                                                          Respectfully submitted,


                                                                                          Charity A. L. Willis

                                                                                          Recording Secretary