September 24, 2002

APPROVED – October 1, 2002






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




September 17, 2002



(Bergeron/Derby) To approve the September 17, 2002 minutes as amended.




(3 - 0 - 1) The motion carries.  Mr. McDevitt abstained.


The amendments to the minutes were as follows:  page 4, the first two sentences of Mr. Bergeron’s Selectmen’s report shall be deleted and replaced with: “Mr. Bergeron informed that while going on a fire call with Engine 6, Engine 6 broke down.  It appears that the wiring was to blame, and it has been fixed and it is back in service.”  Page 4, third paragraph of the Selectmen’s report, 3rd line, 12pm - 2pm shall be changed to ’12 noon - 2pm’. 


Mr. Lynde arrived.


September 3, 2002



(Derby/Bergeron) To approve the September 3, 2002 minutes as written.




(5 - 0 - 0) The motion carries.












Municipal Building


Award of bids - Mr. Gaydos said that he reviewed the received bids with Bread Loaf and Mr. McDevitt for site development, concrete foundations and slabs, structural steel.  He said there were a number of bidders, but due to time constraints, additional qualified people, did not submit bids.  He noted that it was not to the Town’s advantage to release the bid numbers until the contracts were signed, which fell under RSA 91-A. 


 Mr. Gaydos informed that the site development bid from Northeast Earth Mechanics, Inc. (Pittsfield, NH) came in low.  He said there were some alternates bid out to same time, such as the additional Police parking.  He said the concrete foundation bid from Cullen Concrete Form Co. (Tilton, NH) came in low.  He ended by saying the slab work bid from Parent Construction (Tilton, NH) came in over (by $10,000) what was estimated.  He said re-bidding was reviewed, but not recommended due to weather constraints.  It appeared that the colder the weather gets, the more expensive it would be to have the slab put into the ground. 


Mr. Farris wanted to know if there were reasons the bid came in over what Bread Loaf’s professional estimate was.  Mr. Gaydos said the number came in because of the trades available to bid on the job.  He reiterated that there were a number of qualified people, but not every contractor could meet the Town’s time constraints.  Mr. McDevitt added that Bread Loaf had extreme difficulty finding bidders for the slab work.  Mr. Bergeron noted that on the original list, only one company was listed for slabs.  Mr. Gaydos commended Bread Loaf for going out and finding additional qualified contractors to bid on the job.   


Mr. Gaydos informed that the structural steel work and miscellaneous metals bid from Tri-State Ironworks (Tilton, NH) came in low. 


Mr. Gaydos discussed the bid process agreed upon with Bread Loaf, in which Bread Loaf would make a recommendation to Mr. Gaydos and he would in turn bring it to the Selectmen for discussion.  He said if there were no concerns, he asked that the Selectmen award the bids so that Bread Loaf could start the process and get work started.  It was noted that the site development work bid contained three alternates in the event that a situation came up, the Town would have a firm price for the materials.  Mr. Gaydos said an example of one of the alternates was road stabilization fabric in the event of heavy rain.  He said an additional alternate was additional police parking.  He made clear that a decision was not being made to award the bid, but that a firm price was being provided by the contractor to do the work. 



(McDevitt/Derby) To award the site development work for the Municipal Center to Northeast Mechanics, Inc, the concrete foundation work to Cullen Concrete Form, Co., the concrete slab work to Parent Construction, and structural steel and miscellaneous metals work to Tri-State Ironworks. 




(5 - 0 - 0) The motion carries.


Mr. McDevitt said that there were qualified local contractors from Pelham that in some cases bid, and in some cases did not bid. 


Mr. Gaydos informed that the asbestos removal had been successfully been completed.  He said that he walked the building room to room (off the check list).  He said that the weekly meeting with Bread Loaf would be held Thursday. 


Mr. Bergeron said that he had received calls from taxpayers regarding the captions contained on the original brochure for the Municipal Building as well as explanations within Warrant Article Five of 2002.  He asked that the Selectmen review the captions to make sure that all items are being included.  Mr. McDevitt discussed the construction number with Bread Loaf, which excluded certain items.  He said the taxpayers had been told of the additional items, and that the cost for those items had been added to Bread Loaf’s figure which was included, and approved, in the 2002 Warrant Article.  He said to the best of his knowledge, everything in the flier would be included in the building.  Mr. Bergeron wanted to be clear that all the items on the flier would be included in the project and that the taxpayers would not pay any more than the total number voted on, and approved, in the 2002 Warrant Article Five.  Mr. McDevitt said that he had not seen any reason to lead him to believe that anything, other than what was voted on, would happen.  Mr. Farris explained that there were two numbers to get to the 6.3 million.  He said the first was the Bread Loaf estimated number for the construction and renovation work, and the second was the number for the items Bread Loaf would not be doing.  Mr. Gaydos said that the bid alternates were items that would be cost effective if done at the time of initial construction.  He said that the alternate jobs would not be done unless the original bid items came in low, so that having the alternate work done by the same contractor would provide a savings.  Mr. Bergeron still believed that all the captions on the flier were concerns that should remain to be focused on.  There was a brief discussion regarding which items were not included in the number estimated by Bread Loaf and how the overseeing of the work would occur. 


Mr. Bergeron wanted to know if the Selectmen would have a discussion regarding a subcommittee, or the possibility of hiring a Clerk-of-the-Works.  Mr. Farris believed that if there would be a subcommittee the number of people and the parameters should be decided upon.  He didn’t feel that the subcommittee should have decision making power, which would invalidate the performance clause in the Bread Loaf contract.  Mr. Bergeron said that he would like someone to review the specifications to ensure that the correct items were being placed in the building.  Mr. Gaydos said that he would be having weekly meetings with Bread Loaf to keep well informed of the work being done.  He explained the process Bread Loaf had to ensure that the products contained on the work sheets were being implemented in the building.  He said if the Selectmen wanted to have a subcommittee, he needed volunteers.  The Selectmen briefly discussed how they wanted to proceed.  Qualified volunteers should contact Mr. Gaydos at the Town Hall Annex no later than Friday, September 27th.


Mr. McDevitt informed that the Municipal Building Committee would be meeting Wednesday, September 25th, 7pm at the Senior Center. 




Junkyard License Application - Jean-Guy’s Used Cars & Parts Inc.


Mr. Bergeron stepped down. 


Mr. Farris informed that Mr. Bergeron had previously received a 90-day extension, which would be expiring.  Mr. Gaydos said that he would like to address two items: 1) license for operation of a junkyard, and 2) report from Westin Engineers.  He said the location of the facility had been identified as an area that had MtBe escape and effect neighboring properties.  He said the state requested that Westin Engineers do some preliminary and backup work after Mr. Bergeron had his company (Novas Engineers) install some preliminary test walls and do some testing.  He said that there were options contained in the Westin report and Westin would be making recommendations to the state.  He said the containment and removal was a long process that would probably take a couple of years.  He said from what he could see, the applicant (Mr. Bergeron) was complying with the state wishes and moving forward with the remedies proposed by the state.  Mr. Gaydos said that he and Mr. Roland Soucy, Code Enforcement Officer had reviewed the site and noted that there was an area that had apparently been logged for forest management, but that certain areas that had been improved, and other areas that had been entirely cleaned up. 


Mr. Lynde asked about the area that had been logged and wanted to know what was going on in the Mammoth Road area.  Mr. Jean-Guy Bergeron, addressing the Selectmen as part of the public, informed that there was an area on Mammoth Road (approximately 9 or 10 acres) being thinned out, which was an adjacent property, not his own.


and another area that had been cleared for reasons he was unaware of. 


Mr. McDevitt said he was not aware that the Selectmen were going to address only Mr. Bergeron’s junkyard.  He said that concerned residents in the area may not have been clear about what would be discussed, based upon the agenda.  Mr. Gaydos said that the dilemma he was faced with was that the extension was going to expire on the 30th of the month and there was not an opportunity to meet before then.  He agreed that there should be a notification and an opportunity to hear, but given the short notice before the expiration, felt there were no other options.  Mr. McDevitt reviewed the regulations, and believed that a public hearing should be held in consideration of all people involved.   He reviewed the NH DES letter dated April 8, 2002 that pointed out items Mr. Bergeron was expected to do.  Mr. McDevitt reviewed the required correctional work outlined in the letter and wanted to know how the progression of the items was coming.  He said he would not objection to consider the renewal of the license if a brief written response were submitted which indicates the progress of the requirements of the DES.  Mr. Derby suggested reviewing a written response from Mr. Bergeron during a non-public session the Selectmen would hold Thursday evening.  Mr. McDevitt agreed, but wanted to inform the people in the neighborhood of the actions to be taken. 


Mr. Gaydos believed that the state had a tracking system for the progress which would be an easy way to determine the compliance of the applicant.  Mr. McDevitt said he wanted to avoid a disconnect of information and wanted to ensure that the compliance was taking place.  Mr. Lynde believed the key issue was the remediation and the plan to get it started.  He felt that the items could be addressed at the next public meeting. 


Mr. Farris reviewed the status and said the Selectmen were hoping to gain by the next meeting, was information from the state and Mr. Westin, based on the eight points contained in the April 8, 2002 letter.  He said that the agenda would clearly state that Mr. Bergeron’s license would be discussed.  He said the meeting would not be a public hearing, but residents would be allowed to voice their concerns. 


Mr. McDevitt asked that the Selectmen also address the Coombs Junkyard.  Mr. Farris said that the situation was progressing and close to being completed.


Mr. Bergeron rejoined the Selectmen. 


Street name approval


Mr. Farris said the Safety Staff submitted the street name Quail Run Lane for a street in the Burns Road area.  There was a brief discussion regarding the process for the submission of the street name.



(Derby/Lynde) To approve the street name of Quail Run Lane as submitted by the Safety Staff. 




(5 - 0 - 0) The motion carries.


Mr. Gaydos informed that resident comments were being reviewed for the streets proposed to have the names changed. 




Mr. Gaydos informed that a planning and zoning system review had been completed and wanted to know if the Selectmen were interested in implementing a better system design to deal with land use issues.  Mr. Farris asked that input be submitted to Mr. Gaydos and discussed at the next meeting.  He asked that Mr. Bobula be invited to the discussion at the next meeting to answer questions.  Mr. Gaydos said that he had been approached regarding the playground equipment at Sherburne School.  He said an offer had been made to remove the play equipment from the school and to make the area clean.  He said the person did not have a problem signing indemnification forms from any injuries.  He said that Bread Loaf indicated that they would like the equipment removed by the first week in October.  There was a brief discussion and it was decided that if anyone was interested in the equipment, they should contact Mr. Gaydos by Friday.  Mr. Farris wanted to ensure that items above and below the ground (such as concrete) would have to be removed.  Mr. Gaydos ended by informing there was Town owned property on Route 38 near Gage Hill Road that was being used as a cut-through.  He asked permission to contact the Highway Department so that large boulders could block the area.  The Selectmen did not have a problem with Mr. Gaydos contacting the Highway Department.


Mr. Bergeron said that Mr. Bruce Mason had been approached by Oscar Trash Removal Service requesting they be allowed to dispose of certain appliances picked up on his route in Pelham.  He said that Mr. Mason proposed a $5 fee for each unit, which would help with the payment of the container, which the Town currently paid $150 for a 50-yard container.  He said any freon containing units would not be accepted.  Mr. Farris was concerned with accepting private purveyor items and the costs for handling.  Mr. Bergeron wanted to know if anyone had heard of problems with items being left on the side of streets.  Mr. Farris had not heard of a situation recently.  There was a brief discussion regarding the ramifications of accepting items from one private company and the additional costs the Town may bear.  Mr. Farris suggested letting Mr. Mason accept the items and decide if it was going to become onerous.  Mr. McDevitt asked if Mr. Mason would be willing to accept items from all other companies operating in Town.  He also wanted to ensure that Mr. Mason had the capability to cancel the agreement, or limit the times in which the company could dispose of items. 


Neither Mr. Lynde nor Mr. Derby had reports.


Mr. McDevitt said that the Budget Committee held a meeting, and would from now on meet at the Media Center in the new school.  He said they had some questions that had been submitted to Mr. Gaydos.  He said that Mr. Victor Danevich requested a meeting with the Selectmen to discuss the technology plan he had been working on for the new Municipal Building.  Mr. McDevitt noted that the Planning Board would be meeting with Bread Loaf and wanted to know if abutter notification had gone out.  Mr. Gaydos said that notifications had been sent.  Mr. McDevitt asked if the Planning Board would be provided with copies of plans.  Mr. Lynde said the Planning Board would probably like to review the site plans.  Mr. McDevitt said he would review the plans with Mr. Gaydos to be submitted to the Planning Board.


Mr. Farris said  that the Police Chief contacted him and provided a report of the OHRV patrols at Raymond and Muldoon Parks.  He said that the Chief informed that with the new OHRV there had been 7 contacts, 4 warnings, 6 summons, 3 arrests and 3 towed.  Mr. Farris said that the cable conversion project had been stopped due to the fact that the initial money through the bankruptcy petition had run out.  He said an additional formal petition would need to be submitted to the bankruptcy court. 





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




Mr. Farris-Yes; Mr. Lynde-Yes; Mr. Bergeron-Yes; Mr. McDevitt-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 8:30pm.  Mr. Gaydos was also present during the non-public session.   


The Board returned to public session at approximately  10:25pm.




(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 10:25pm.


                                                                                          Respectfully submitted,


                                                                                          Charity A. L. Willis

                                                                                          Recording Secretary