December 3, 2002

APPROVED – December 10, 2002






Mr. Greg Farris, Mr. Harold Lynde (arrived after the meeting had commenced),

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. 












PUBLIC HEARING, to consider donation of all of the topographical, grading, and design plans, and a significant amount of equipment and labor time to bring two new recreation fields to sub grade at Elmer G. Raymond Park


The Selectmen had a lengthy discussion at their previous meeting and had no further comment.




Mr. William Hayes thanked JSI for their donation. 


Mr. Farris noted that the Town would be accepting a significant amount of professional work, which the Town was very grateful. 



(McDevitt/Derby) To accept the donation from JSI as previously described.




(4 - 0 - 0) The motion carries. 


*  see below for additional appointment.


Annual Parking Ban


Mr. Farris informed that the annual parking ban, per Town ordinance was in effect, as of December 1, 2002 and would end April 1, 2003.  Vehicles cannot park on any public street or highway between the hours of 12midnight and 7am. 




Municipal Building


Installation of conduit

Mr. Gaydos said it came to his attention that there was a need to install 4” conduit from an area of a yet to be located telephone pole into the Police Department and run throughout the building.  He noted that there was currently an open trench and would be the optimum time to install the conduit.  He did not feel that the cost would exceed $1000 and said that there should be funds within the current budget. 


Mr. Farris said that the Town required new subdivisions to bury wires and felt that the Town should adhere to the same rules. 


Mr. Gaydos said that nothing would be approved until he received firm pricing.  It was noted that the playing fields would not be affected.  The Selectmen did not oppose Mr. Gaydos’ suggestion. 


Town gasoline

Mr. Gaydos said that currently the Town had a 1000 gallon gasoline tank at the Transfer Station which was used to supply various Town vehicles.  He said that the current supplier, Urban Oil, was closing their Concord, NH depot.  He said as an alternative he was seeking companies to furnish similar policy. 


Mr. Farris asked if a 5000 gallon tank would be beneficial.  Mr. Gaydos didn’t feel the Town’s fuel use would warrant a larger tank.  He discussed how he handled a similar situation in another town in the past. 


Mr. Bergeron understood that Urban Oil was providing a state price and questioned if the pricing would continue.  Mr. Gaydos said that the Town would still have a fixed price contract for diesel products.  He went on to discuss how the pricing worked and didn’t feel that companies would provide a fixed price for gasoline.  Mr. Bergeron asked if the surrounding communities had been poled to find out what direction they would be taking.  Mr. Gaydos said that he had been in contact with several communities and found out that they all would be using the same suppliers.  He informed that he contacted the supplier and was obtaining additional information.  He asked if the Selectmen wanted him to continue seeking other suppliers.  Mr. McDevitt felt that at least two other companies should be approached for information.  Mr. Gaydos said that the supplier he contacted was willing to hold their distribution price for three years, which appeared to be the direction the Town should take. 


Mr. Farris asked if the Town could make an annual deal.  Mr. Gaydos said an annual deal could be made, but cautioned against it due to the possible fluctuation of distribution costs. 


Mr. Bergeron asked if adding a tank, or increasing tank capacity could be reviewed.  Mr. Gaydos said that the companies were reviewing 5000 tanks.  He said he was requesting the parameters for a search.  He said the supplier may be the regional supplier.  The Selectmen agreed to have Mr. Gaydos continue review for a supplier. 


* see below for additional Old Business items.




Update on plans to form regional water district to acquire Pennichuck Water Co. 


Ms. Karen White of Bedford and Ms. Barbara Presley of Nashua met with the Selectmen to provide information regarding the forming of a regional water district.  Ms. White informed that in June, 2002, Pennichuck Waterworks filed a petition with the Public Utilities Commission (PUC) to request permission to be acquired by Philadelphia Suburban of Pennsylvania.  A number of towns being serviced by Pennichuck filed as interveners noting their concern with an out-of-state company having control of the regional water supply.  She discussed the trend with the water supply over the last few years being sold to out-of-state/out-of-country companies.  She said that water had become a portable commercial commodity.  Ms. White said a group had been formed under the auspices of the Nashua Regional Planning Commission to review alternatives, one of which being a regional water district.  She said the proposal for Pennichuck was for the city of Nashua and the twenty-two surrounding communities  acquire and operate a regional water district.  The proposal was to keep all the employees and management in place to maintain the current relationships.  She said that the shareholders would be replaced with a group of representatives from each of the communities, and board of directors would be replaced by a 7-member board of commissioners elected by the representatives from the various towns.  She discussed how the water district would be run. 


Ms. White said one ‘glitch’ with the state law regarding the purchase, which was that an individual municipality may purchase a revenue producing facility and issue revenue bonds, but was silent on whether a group of municipalities may do the same thing.  She said in discussion with bond counsel, they advised that the law needed to be clarified by a legislative bill.  She informed that a draft bill had been composed and reviewed by New Hampshire Municipal Association, who was supportive. 


Ms. White informed that the PUC set February 28, 2003 as their deadline to make a decision on whether to allow Pennichuck to be acquired by Philadelphia Suburban.  She said the group was requesting 1) that communities take a vote to support the legislation, 2) vote to join with the other communities in requesting a motion for continuance from the PUC to enable Town votes, and 3) move forward and make alternative offer to Pennichuck stockholders before February 28, 2003.  Ms. White said that since the state law states that only one municipality could float a revenue bond, the Alderman of Nashua had been discussing taking the first step and acquire the core.  She said that Bedford opposed the proposal and would rather have the system remain in tact.  She said the Nashua Alderman, after many meetings decided to ask the voter if they would support going forward to purchase the Pennichuck system. 


Mr. Lynde arrived.


Ms. Presley believed the solution was ideal.  She said that communities could either join the district, or remain a customer.  She was hopeful that representatives would be encouraged to support the legislation.     


Mr. Farris asked if the water district would preclude the Town from selling water to another community as could presently be done.  Ms. Presley said the vision was that the company would be purchased as it currently exists, so that any contracts would carry over to the new ownership.  Mr. Farris discussed the current contract and wanted to know who would control the water within the newly formed district.  Ms. White said that the district was only purchasing the existing franchised areas.  Mr. Farris wanted to know who maintained controlled.  Ms. Presley said that nothing would change in control from what the Town currently had.  Ms. White clarified that the state of New Hampshire maintains that it held the exclusive authority over water rights, which was just upheld in the Supreme Court case involving Nottingham.  Mr. Gaydos requested a copy of the agreement with Pennichuck.  Mr. Farris said he had a copy. 


Mr. Gaydos wanted to know if the state would protect the Town from selling out all of the water by taking vast amounts for bottling.  Ms. White said that the Department of Environmental Services controlled the permits for large water withdrawals, and in Nottingham’s opinion they were not protected.  Ms. Presley discussed the benefits of a water district the differences with having a public versus a private company.  Mr. Gaydos asked if the new water district would be under the control of the PUC.  Ms. White said that initially the company would be regulated by the PUC.  However, she explained if towns were serviced outside the municipality’s area, a petition could be filed with the PUC for exemption from regulation, as long as the other towns were not charged more than 15% above what residents of the municipality were being charged.  Ms. Presley noted that there would not be a burden on the tax rate. 


Ms. White discussed what was being sought.  First she was hopeful that a memo of understanding would be signed no later that January 10, 2003 that would state the Town’s agreement to be a part of the water district.  Second, she was also hopeful that the Town would consider including two warrant articles on the March ballot.  The warrant articles would 1) authorize the Selectmen to enter into a joint agreement with other municipalities, and 2) a second warrant article would be to ratify the final agreement.   


Mr. Bergeron said that the Town had approximately 191 families using Pennichuck currently.  He asked for further clarification of how the company could expand within other communities to help make profits.  Ms. White briefly discussed the growth potential for the water district. 


There was a discussion regarding what benefit the Town would have joining the water district.  Ms. White informed that the town’s that have agreed to join were seeking input in the agreement as well as have a say in the rate structure.  She said the Town could choose to remain a customer.


Mr. Lynde said he would urge the Town to join the water district and went on to explain his reasoning. 


It was noted that there would be meeting on Thursday night to further discuss the impact of a water district.  Ms. White handed out materials for the Selectmen to review.


Mr. Farris asked that any information gathered during the meeting on Thursday should be distributed to the Selectmen so that a decision could be made at the next meeting.       




Municipal Building


Progress payment

Mr. Gaydos informed that an invoice had been received for the second progress payment in the amount of $542,354 for phase II.  Mr. Farris discussed where the money should be taken from so that the Town was not paying for additional items over the life of the bond.   


Specialized locks

Police Chief Evan Haglund met with the Selectmen to discuss the access control equipment and went on to explain the type of system that would be implemented to limit access to the Municipal Building.  He said that the door was being manufactured and Breadloaf had indicated that the locks and wiring should be done while the framing was still open.  He recommended that Rockport Technology be awarded the bid.  The Chief discussed which doors would be accessible from the Municipal Complex to the Police Station. 



(Lynde/Derby) To award the access control security equipment bid to Rockport Technology for the amount of $27,083.  




(5 - 0 - 0) The motion carries. 


Communications console

Police Chief Evan Haglund explained that the console would be for the new communications area.  He said the console would be an up-to-date, flat screen technology that would provide space saving.  He showed the Selectmen a brochure of the equipment, which had expansion capabilities.  He said the framework of the equipment would have a lifetime warrantee. 



(Lynde/McDevitt) To award the communication console bid to APW Wrightline Company/Profile Display Systems for the amount of $24,109.




(5 - 0 - 0) The motion carries. 


Chief Haglund informed that he was purchasing ten portable Astro Motorola radios through the Federal Forfeiture Funds received from the raid at Oasis Restaurant.  He said the department would now have nineteen radios, which would outfit all the officers. 


Chief Haglund said that the actual communications equipment for the dispatch consoles conformed to the NH state bid pricing in the amount of $168,228.  He provided the Selectmen with documentation. 



(Derby/Lynde) To award the statewide Motorola radio system bid to Cybercom Inc. in the amount of $168,228 (installed).




(5 - 0 - 0) The motion carries. 


Electric generator

Police Chief Haglund said the original quote was $92,000, but after discussions with the company who presently had the electricity bid (Interstate Electric), the actual cost would be $58,357.  He discussed what areas would benefit from having the generator in place.   



(Lynde/McDevitt) To award the electric generator bid to Interstate Electrical for the amount of $58,357 (installed). 




(5 - 0 - 0) The motion carries. 


* see below for additional Old Business items.




Application for OHRV Grant

Police Chief Evan Haglund asked for the authority to submit an application for a grant to the state for OHRV enforcement.  He said the grant would cover 12 hours per week, for 12 weeks for a total of $6,048, which would be funded 100% by the state.  He discussed the benefits of receiving the grant.  He reviewed the number of OHRV complaints over the last few years, which showed a drastic increase. 


Mr. Farris asked if the resident interested in starting an OHRV club had been in contact with the Chief.  Chief Haglund said that Officer Vincent had been speaking with the resident and was providing direction.   



(Lynde/Bergeron) To give Police Chief Haglund the authority to submit an application to the state for an OHRV grant in the amount of $6,048.




(5 - 0 - 0) The motion carries. 


Mr. Farris noted that there had been an article in the newspaper regarding the Police K-9 sweep of the schools.  He thanked the Chief for the co-operation of the Police Department. 


 * see below for additional New Business items.




Municipal Building


Mr. McDevitt informed that he e-mailed Breadloaf regarding the sprinkler panel and received word back that the only intention was to place the access pipe and determine the location for the sprinkler panel at a later date. 


Optional improvements list

Mr. McDevitt noted that there was a list of scope changes that should be reviewed in order of priority and determine where the money would come from to pay for the items.  He said that most items were things that should have been previously thought about.  Mr. Farris believed that January 10, 2003 Breadloaf was going to provide a list that outlined what was budgeted for and where things were currently at.  He asked that the scope changes be reviewed at an upcoming meeting. 


Documentation of meeting house foundation

Mr. Bergeron requested that documentation be obtained regarding the foundation at the entrance of the Municipal Complex.  He would like further investigation.  Mr. Farris suggested contacting Mr. William Hayes for documentation.  Mr. Hayes had specific documents from the 1700’s, which was how the conclusion of the foundation was drawn from. 




Information Technology Committee review report


Mr. Lynde said that the Technical Committee would be holding a final meeting to wrap up the recommendation for an internal e-mail system.  He said that the RFPs would also be put together for the wiring. 


Mr. McDevitt was concerned with the wiring to be done in the building and said that the Town needed to be prepared to give specifics regarding data transmissions.  He said that a frugal sum of money had been budgeted and wanted to know if there was currently an adequate plan, as well as enough money to cover it.  Mr. Lynde said that the Tech. Committee would be holding a meeting and would discuss the details of wiring and receptacles.  There was a brief discussion regarding the receptacles to be placed within the building.  Mr. Farris believed that the wiring should be done sooner, rather than later since it was part of the functioning of the offices.  Mr. Lynde said that a portion of the money could be spent now, and the remaining could be spent at a later date.


MDF room


Mr. McDevitt reminded the Selectmen that a decision needed to be made regarding the location of the MDF room.  There was a brief discussion regarding what space would be needed.  It was suggested that the kitchen be reviewed for the MDF room. 


Hiring process


Mr. Gaydos postponed discussion until further information could be provided to the Selectmen.


Fire Inspector/Code Officer criteria


Mr. Gaydos said he would work with the Planning Director and the Fire Chief to define the minimum criteria of the position.   




Mr. Gaydos said that the proposed septic system for the Transfer Station had been divided into two parts, 1) the actual septic system, and 2) pump to the leach field.  He said that an RFP had been sent out and the lowest for the septic installation was received from Nyman Excavating $11,700 (pump not included).  He said a bid for the installation of the pumps had been received from Mr. Red Gibson in the amount of $2,333.  It was suggested to possibly check prices from other pump installers. 


Mr. Gaydos asked to set up a public hearing for December 17, 2002 to discuss the Campbell Road betterment.  There was a brief discussion regarding notifying abutters and believed that letters should be sent to the abutters through normal post. 


Mr. Bergeron said a resident inquired if the Senior Exemption should be reviewed, since it had not been reviewed since 1995.  Mr. Lynde said that the Town had adopted the provisions of state statutes for all exemptions.  Mr. Gaydos believed that the Assessor would have the answer.  


Mr. Bergeron said a request had been received by Mr. Bruce Mason to allow the Transfer Station to change the hours of operation on December 24, 2002 and December 31, 2002 to 8am - 3pm. 



(Derby/Lynde) To allow Mr. Bruce Mason to change the hours of operation on December 24, 2002 and December 31, 2002 to 8am - 3pm. 




(5 - 0 - 0) The motion carries. 


Mr. Lynde extended condolences to the Neskey family, Lawler family and the Mason family for their losses. 


Mr. McDevitt informed that the Budget Committee gave suggestions for warrant article language, which he did not feel were substantive.  Mr. McDevitt said that Mr. William Hayes had met with the Budget Committee and suggested, based upon economic times and competition for other funds that it would be wise to withdraw the warrant article in the amount of $44,364 to loam, seed, fence and irrigate to partially completed fields at Elmer G. Raymond Park.  Mr. Lynde spoke in opposition to withdrawing the warrant article.  He felt the warrant article language could be worded contingent upon the LCW grant so the only cost to taxpayers was $12,000.  Mr. Farris agreed with Mr. Lynde and discussed the expansion of fields.  Mr. McDevitt said that he would work with Mr. Gaydos to amend the wording. 


Mr. Gaydos said that the betterment program would be bonded and would require 3/5 vote.  He said that the RSA was not clear regarding charging an interest rate.  Mr. McDevitt believed it was appropriate to put at the end of the warrant article that there would be no tax impact.  Mr. Lynde and Mr. Farris agreed.  Mr. Gaydos said he would provide the final copy for review. 


Mr. Derby observed the Transfer Station on Saturday and reported that the trailer was full and that it was double work for handling.  He said that Mr. Bruce Mason noted that a 100-yard trailer would be beneficial. 


Mr. Farris informed that the Christmas Celebration at the Fire Station was a success.  He again thanked the Police for the K-9 sweep through the schools with the cooperation with the School District.    





(Bergeron/Lynde) Request for a non-public session per RSA 91-A:3,II,d & e (lease of property & legal).




Mr. Farris-Yes; Mr. Lynde; 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 10:00 pm.  Also present was Mr. Gaydos.


The Board returned to public session at approximately     pm.




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




(  - 0 - 0) The motion carries.





(     ) To adjourn the meeting.




(5 - 0 - 0) The motion carries. 


The meeting was adjourned at approximately       pm.

                                                                                          Respectfully submitted,


                                                                                          Charity A. L. Willis

                                                                                          Recording Secretary