December 10, 2002

APPROVED – December 17, 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. 




November 26, 2002



(Derby/McDevitt) To approve the November 26, 2002 minutes as amended.




(4 - 0 - 0) The motion carries. 


The amendments to the minutes were as follows: page 2  - the ‘a’ shall be removed from the first paragraph under the heading Park and Recreation Advisory Board, second to last paragraph (...would be graveled.); page 9 - 1st paragraph, the typo of the word ‘the’ shall be removed at the end of the last sentence.


December 3, 2002



(McDevitt/Derby) To approve the December 3, 2002 minutes as written.




(4 - 0 - 0) The motion carries. 






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




Mr. Farris-Yes; Mr. Lynde (arrived during the non-public session and joined the Selectmen); Mr. McDevitt-Yes; Mr. Bergeron-Yes; Mr. Derby-Yes


The Board entered into a non-public session at approximately 6:37 pm.  Also present was Mr. Gaydos.


The Board returned to public session at approximately 6:47pm.


Mr. Lynde assumed the Chair. 



(Farris/McDevitt) To hire Mr. Steve Andrew Cahalane to the Pelham Police Department effective December 11, 2002, subject to the normal procedures and hiring practices of the Police Department.




(5 - 0 - 0) The motion carries. 


Mr. Farris resumed as Chairman.




Attorney Diane Gorrow of Soule, Leslie et al. (Town Council) informed that a check and signed Winter Maintenance agreement had been received from the developer’s attorney (Attorney Ed Richards) for Irene Drive, Robin Road and Honey Lane.  Mr. Gaydos said that he would contact Mr. Don Foss, Road Agent to review the road. 


Mr. Lynde provided a brief history as to why the Town followed the procedure of obtaining Winter Maintenance agreements from roads not accepted by the Town.  Attorney Gorrow noted that the Town was bound under state statute in the way winter maintenance was handled.  She discussed the responsibilities and liabilities the Town would have if the procedure were not followed.


Mr. Leo Dougherty, 45 Robin Road said that the residents were happy that the road would be maintained.  He wanted to know if the same process would need to take place on an annual basis.  Mr. Lynde said that there were issues on the road, but once they were resolved, it was hopeful that the road would be accepted at Town vote.     


Attorney Ed Richards discussed the remaining items to be resolved and said there was a plan to work out the remaining details with the Planning Director so the three roads could be on the ballot in March. 


Mr. Gaydos asked if there were any time constraints for having the road on the ballot, or any Planning Board requirements to follow.  Attorney Gorrow said that the list of roads for Town acceptance was due in the Planning Department by Friday (December 13, 2002).  She understood that once the road was completed a maintenance bond was held for one year in the event there were any problems with the road.  She said that the developer had been working with the Town to resolve the remaining issues, which may be able to be completed by the Friday deadline.  Mr. Farris said that an amendment could be made at the first session to add the roads to the warrant for approval, if the remaining issues were resolved. 


Mr. John Scalia, 15 Robin Road wanted to know the length of time a developer had to work issues out.  Mr. McDevitt said the Planning Board was who had the power regarding revoking road bonds.  Mr. Scalia said that he had contacted the Town and was informed that the process for revoking the bond was taking place.  He wanted to know why the developer was still continuing to work with the Town for resolution.  Mr. Lynde recalled that the Planning Board had taken a motion to revoke the bond and believed that during the process of hiring a new Planning Director the issue fell by the wayside.  He discussed the process taken by the Town to notify the responsible parties of the items needing to be done.  Mr. Farris noted that revoking a bond was a very lengthy legal process that could not be done overnight.  He thanked the residents for their patience.  Mr. Scalia asked what response was received when the developer received the letter from the Town regarding plowing.  Attorney Richards discussed how the developer handled the snow removal during the previous year.  He said that when he explained the process being taken by the Town, his client wired money to him to submit to the Town.  Mr. Farris said he did not know the timeline, but wanted inform that the Road Agent would review the roads to ensure they were up to standard.


Mr. Alan Fox, 44 Irene Drive asked that the roads be de-coupled so that Irene Drive could be placed on the ballot in March.  Mr. Farris said that each road would be evaluated individually.  Mr. Fox asked if the road could be accepted the Town had the money to complete the work and it had been contracted, but not yet completed.  Mr. McDevitt’s opinion that the road should be completely done to Town standards, or it should not be accepted.  Mr. Farris noted that Mr. Gaydos would be speaking with the Planning Director and working with Attorney Richards to create a timeline to try and complete work by the end of January.  Mr. Gaydos said that he would see how things worked out and would provide a status report at the next meeting. 




Little Island Pond Watershed Association RE: Conservation


Mr. Paul Gagnon, Dutton Road and Ms. Julia Steed-Mawson, South Shore Drive met with the Selectmen to discuss the Planning Board approved plan that included conservation land that would be purchased and kept open as conservation land in perpetuity.  Mr. Gagnon said the purchase price for the property was $250,000 ($150,000 from the Conservation Commission and $100,000 from abutters).  He said that currently the abutters had $50,000 that they were ready to submit to the Town and $50,000 would be coming from the state’s LCHP grant money.  He said that the LCHP grant would become available until mid February 2003, but the Purchase and Sales agreement states that the closure would be within thirty-one days from the time the plan was approved (which would be in January, 2003).  He said the builder requested that a $250,000 escrow account to be held with the Town’s attorney within 30-days and they in turn would agree to delay closing until February, 2003 so that the grant money could be received.  He said the builder wanted to get started working on the road and wanted some assurance that the deal would definitely go through.  Mr. Gagnon requested that $50,000 be submitted by the abutters, and $200,000 be submitted from the Conservation Commission into the escrow account to be held by the Town’s attorney.  He went on to explain how the $50,000 would be raised in the event the LCHP grant money was not awarded. 


Attorney Diane Gorrow of Soule, Leslie et al. discussed the escrow account and understood that the money would actually be deposited in the law firm’s account and held until such time the remaining funds were received. 


Mr. Bergeron asked how many grants had been applied for.  Ms. Steed-Mawson said that the LCHP grant was very competitive, but believed that there were several reasons the Town would be in a favorable position.  Mr. Bergeron asked how much money was in the LCHP grant.  Ms. Steed-Mawson said there was six million dollars available and 800 applications had been submitted.  She discussed the components in which the money was awarded.  She said that even if the grant proposal was not awarded, the Town now had a boilerplate for other grant dollars. 


Mr. Farris understood that the grant was tied specifically to the property, and could not be used at another location.  He wanted to know what guarantee the Town would be given if the grant money was not awarded.  Mr. Gagnon said that there were persons willing to write checks for the balance to be held until the grant money was received.  He noted that the grant application was for $60,000 of which $10,000 would remain with the Conservation Commission for maintenance on the property.  Mr. Farris recalled that a resident of the area that had previously been willing to issue a loan and wanted to know if the offer still stood.  Mr. Gagnon said that the person had not been approached recently. 


There was a discussion regarding the process that would have to occur to withdraw money from the Conservation Fund.  Mr. Gagnon said the money would have to go into escrow by January 2, 2003, and an addendum would be written to the Purchase and Sales agreement so it would not be breeched.  Mr. McDevitt said that a public hearing would need to be held to take money out of the Conservation Fund for placement into the escrow account.  There was a brief discussion and it was decided to hold a meeting December 23, 2002 at 6pm so that a public hearing could be scheduled. 


Mr. Bergeron asked if Nashua was seeking funds from the LCHP grant.  Ms. Steed-Mawson was not aware of Nashua seeking a grant, but discussed the applications submitted by Hudson and Manchester. 


Mr. McDevitt suggested if any of the Selectmen had a substantive disagreement with the proposal, they should let it be known now.  No one spoke up.   


PUBLIC HEARING - Presentation of Forest Management Plan for Sherburne School and Mills property land.


Ms. Gayle Plouffe, Co-Chair of the Forestry Committee and Mr. John Ferguson, Town Forester met with the Selectmen to discuss the Forest Management Plan for the Sherburne School/Mills property land.  Ms. Plouffe said that the Forest Management Plan had been written in 1997.  She said that the trees on the property had been marked.  Mr. Ferguson discussed what had initially been reviewed and suggested in 1997.  He wanted to move forward with the additional cutting before the Municipal Complex went in completely. 


Mr. Bergeron asked for clarification of what area would be thinned out/cut.  Mr. Ferguson said the area that would be thinned out would be on the left side of the Library building.  He said once the area was thinned, young trees would grow and would then be managed.  Ms. Plouffe discussed a similar management process that has taken place at other Town parks. 


Mr. Lynde wanted to know if the thinning would constitute a logging operation.  Mr. Ferguson said that everything would be cut into the woods.  Mr. Lynde asked if the an arrangement would be worked out with the abutters to create a buffer.  Mr. Ferguson said that in the past the logger worked with the abutters.  Mr. Lynde discussed the Forestry Fund that had been established, where the net proceeds of an operation had been used to purchase additional forest land. 


Mr. McDevitt asked for further discussion regarding the impact to the area and what the abutters could expect when the project was complete and how it would look in two to three years.  Mr. Ferguson explained what the project would look like while the work was being done.  He said in five or six years the limbs and tops that were left on the ground would be gone and within two to three years new growth would occur.  Ms. Plouffe discussed the reasons that the harvesting was done in the winter.  She noted that the site was a historical property that had significance.


Mr. Lynde asked what the timeframe would be for the work to be done.  Mr. Ferguson said the bid would go out after the holidays and the work would probably be done by mid March, at the latest. 


Mr. Bergeron asked for confirmation of the board footage.  Mr. Ferguson said in 1997 there was approximately 156 thousand board feet growing, 50 thousand of which were marked.  He believed there was approximately 10 thousand board feet lost due to the municipal building.  Mr. Bergeron asked how many truck loads of logs 40 thousand board feet would be.  Mr. Ferguson said an average truck load would hold approximately five thousand board feet. 




Ms. Corrine D’Amore, an abutter asked to review the map showing where the cutting would occur.  Her only concern was the proximately of the cutting, since the growth buffered noise. 



(Lynde/Derby) To approve the Forest Management Plan to manage the Mills property, as presented.




(5 - 0 - 0) The motion carries. 


Mr. McDevitt asked that the plan be coordinated with the construction.  Ms. Plouffe said that discussions had occurred between Mr. Dan Cyr and Breadloaf.




Opening of Highway bids


Mr. Farris opened the bids received and informed that the information was public if anyone was interested in reviewing. 


Aggregates - Brox Industries, Inc., Corriveau-Routhier, Inc., Everett J. Prescott, Inc., JAF, P.J. Keating                Company, Penn Culvert Company, Vellano Bros., Waste, Inc., Water Works Supply Corp.

Calcium Chloride - Beaver Valley Farm, Road Solutions, Inc.

Catchbasin Cleaning - John Parker Catch Basin Cleaning, Leo Vigeant Co., Inc.

Catchbasin Frames/Grate - Everett J. Prescott, Inc., Nashua Foundries, Inc., Vellano Bros., Waste, Inc.,                Water Works Supply Corp.

Culvert Pipe - Vellano Bros.

Equipment Rental - Richard D. Vinal Trucking, Inc.

Hottop / Cold Patch - Brox Industries, Inc., P.J. Keating Company

Liquid Calcium Chloride - All State Asphalt, Road Solutions, Inc.

Painting of Traffic Lines - Hi-Way Safety Systems, Inc., L and D Safety Marketing, Markings, Inc.,                Permaline Corp. of NE

Plow Blades - NH Municipal Truck Equipment

Sand - Brox Industries, Inc., Plourde Sand & Gravel Co., Inc.,

Signs and Related Items - Atlantic Broom, NE Barricade, Permaline Corp. of NE


The bids will be forwarded to Mr. Don Foss, Road Agent for review and recommendation. 


* see below for additional New Business items. 




Municipal Building:


Scope changes - Mr. McDevitt said there were no additional scope changes, other than what had previously been discussed.  He the date Breadloaf believed the expenses associated with the project will be identified was January 15, 2003.  He requested that the Selectmen indicate which items were of importance so that he could create a summary of the list for further review.  Mr. Gaydos said that he would like to clarify some of the items during the Building Committee’s meeting on Thursday.  Mr. Farris said that the Selectmen should think about giving the voters an opportunity to decide what would happen to the money if the project came in under budget. 


Mr. Bergeron asked how much of the village green was scheduled to be done with the money.  Mr. McDevitt said that the whole village green would be completed (excluding the sprinkler system).  Mr. Bergeron asked why the sprinkler would not be included.  Mr. McDevitt said that the architect felt that with the significant water issues, it would be better to not water three acres of grass, but to take advantage of the fact that there was a good depth of loam and use drought resistant grass seed.  Mr. Lynde said that based upon experience, it would be less costly to do it now, rather than later.  There was a brief discussion regarding the grass at the village green, its durability and how it would be watered. 


Mr. Lynde said that a meeting was held to review the wiring needs of the Police Department and the Town Hall.  He said that initially the estimate was $40,000, but as a result of the meeting, it was decided that some of the receptacles could be consolidated, which would lower the estimated cost to approximately $25,000.  There was a discussion regarding the tentative design layout and if the proposed wiring would accommodate additional systems being added to the space.  Mr. Lynde said the next step would be to do a mark-up of the plan for further review.  He said one concern the Tech. Committee had was that later, down the road, the phone lines may want to be converted to a voice system.  He discussed how the wiring could be done now for easy conversion later on.  He went on to discuss the wiring and suggested that it be done in three phases, 1) Police Department, 2) Municipal, and 3) Library so that further construction was not held up.


Mr. McDevitt said that a resident had informed him of student projects (under the teacher’s supervision) that take on the jobs of running communications cabling and making proper determinations as part of a learning process.  He asked if that process was something that should be considered.  There was a brief discussion and Mr. Gaydos suggested forwarding a copy of the RFP to the school offering the program. 


Police video security proposal - Police Chief Haglund met with the Selectmen to discuss the video proposal.  He said that requested proposals for the three cameras within the Town Hall which would be viewed within the Police Department.  Surveillance Specialties Limited, EITS Video Systems, Rockport Technologies and Interstate Electrical sent proposals.  Chief Haglund recommended that the Town accept Rockport Technology’s proposal.  He informed that the Police would be coming in under budget by approximately $8000 out of the $288,000, after the tower was built and equipment was received from the State Police. 



(Lynde/Derby) To approve the award of the video security proposal to Rockport Technology in the amount of $42,120. 




(5 - 0 - 0) The motion carries. 


Discussion of Regional Water District


Mr. Bergeron informed that he attended the regional meeting to discuss the water district.  He brought back for review a draft of the Purchase and Sales agreement, a draft of the Memo of Understanding, as well as a copy of the House Bill.  He said that an issue arose at the meeting that questioned if participation in the water district should be contingent upon each town paying a share of Nashua’s cost for the process.  He said that it had not been brought up during past meetings.  He noted that Nashua had not asked any other towns to fund the initial cost, and if the deal went through, they could be reimbursed through a revenue bond.  He said if the deal failed all the money spent, would be lost.  Mr. Bergeron said that all the communities were being welcomed to participate, and if any community did not want to participate, they could remain as a customer.  He provided an e-mail sent from Mr. Andrew Singleakis (NRPC).  He said that he asked Mayor Streeter of Nashua regarding towns sharing Nashua’s cost.  He noted that Mayor Streeter said it was never Nashua’s intent to request the initial funds. 


Mr. Bergeron said he would like to move forward and make the following three motions: 1) vote to form a regional water district, 2) vote to support legislation, and 3) vote to file a motion of continuance. 


Mr. McDevitt said that he could think of reasons in favor of, as well as against forming a regional water district.  He said it appeared that it would happen whether the Town supported it or not, and believed it was important that the Town participate.  On a side noted, he said that he was a water customer, but did not feel there was a conflict with him voting, since he would in no way be impacted by the vote.  The Selectmen did not ask Mr. McDevitt to step down. 


Mr. Farris suggested inviting Mr. Singleakis to the next Selectmen’s meeting if there were any questions to be answered.


Mr. Bergeron made a motion to form a regional water district.  Mr. Lynde seconded.  Mr. Gaydos suggested instead that the Selectmen should vote on the language provided at the regional meeting.  Mr. Bergeron withdrew his motion.  Mr. Lynde withdrew his second.  Mr. Bergeron read the following motion aloud:



(Bergeron/Lynde) The Board of Selectmen of the Town of Pelham hereby votes to support immediate passage of Legislative Bill LSR #2003-H-0050-L in the 2003 session of the New Hampshire General Court.  The bill would permit municipalities to form regional water districts and obtain municipal bonding as a separate government entity.




(5 - 0 - 0) The motion carries. 




(Bergeron/Lynde) The Board of Selectmen of the Town of Pelham hereby votes to file a Motion for Continuance before the New Hampshire Public Utilities Commission regarding Docket #DW 02-126, Petition for Acquisition of the Pennichuck Corporation by Philadelphia Suburban Corporation, requesting that the PUC enlarge or stay the procedural schedule in this matter, to allow time for the passage of the legislation and confirmation by the voters of the municipalities desiring to form the regional water district.




(5 - 0 - 0) The motion carries. 


Mr. Bergeron made a third motion to place a warrant article on the ballot for a regional water district.  Mr. Lynde seconded.  The wording was as follows:  To see if the Town will vote to authorize the Board of Selectmen to enter into a joint agreement with other municipalities to establish a regional water district in anticipation of acquiring the assets or the stock of the Pennichuck Corporation.  (Such action will not affect any municipal water system, village water district, or franchise area of another water utility unless such municipal system, village district, or water utility chooses to join this regional water district.. optional)  The Board of Selectmen supports this article.  The Budget Committee supports this article.


There was a brief discussion regarding the wording and it was decided to strike the sentence within the parenthesis.  It was also discussed to add a sentence that there would be no tax impact.  Mr. Farris would rather accept the concept of placing a warrant and determine the language later.  Mr. Lynde suggested having Mr. Singleakis consolidate the wording so that the warrant article was consistent amongst the towns.  Mr. Bergeron said he would contact Mr. Singleakis for comment.  He withdrew his motion and Mr. Lynde withdrew his second. 




Authorization for TAN Note


Mr. Gaydos said that the Town had a 1.9 million dollar payment to the county and at the time this item was placed on the warrant he was unsure if the cash would be available to transfer in a timely basis.  He said the cash was available, and therefore was no need to borrow.


Payroll subcontracting


Mr. Gaydos said that the payroll process was being reviewed and two companies were being interviewed (ADP and Paychecks) both of which had similar systems and pricing.  He said that the decision may be made next year and wanted to place on the warrant, since it was a direction that was being headed. 


Mr. Farris asked how the hiring process was going  regarding the Analyst position.  Mr. Gaydos said that subcontracting the payroll had changed a lot of the process and caused a reorganization of the applications. 


Part-time Highway Employee


Mr. Farris said a recommendation had been received from Mr. Gaydos to hire Mr. Timothy Border as a part-time laborer for winter storm operations for $12.04 /hour, effective immediately.



(Derby/McDevitt) To hire Mr. Timothy Border as a part-time laborer for winter storm operations for $12.04 per hour. 




(5 - 0 - 0) The motion carries. 


Mr. Farris informed that the Town was attempting to put a permanent policy in place so that it could be finalized and therefore establish a procedure for hiring full, and part-time employees. 


Hawker/Peddler/Itinerant Vendor’s License



(Derby/McDevitt) To renew the Hawker/Peddler/Itinerant Vendor License for Mr. Jeffrey Burke of B & B Catering.




(5 - 0 - 0) The motion carries. 




Mr. Gaydos informed that Mr. Pitsius was utilizing a property that had no land use permit, for the sale of Christmas trees.  It had previously been decided to grant a temporary permit if a plan was submitted, which it has, and the Fire Chief has reviewed.  Mr. Gaydos said that the permit would expire December 25, 2002.  He said a site plan review would be needed for further use of the property.  The Selectmen initialed the letter Mr. Gaydos brought forward, which indicated their approval of the temporary permit. 


Mr. Gaydos said that the Town employees had been invited to the Senior Center for holiday cheer on December 23, 2002 between 12:30 pm - 1:30 pm.  He requested that the Town offices be closed during that time, with the exception of the Tax Collector’s office. 


Mr. Bergeron read a reminder submitted by Mr. Bruce Mason which noted that the Transfer Station operation hours would be changed on December 24, 2002 and December 31, 2002 to 8am - 3pm.


Mr. Lynde said that the Tech Committee’s work was complete, but there may be some follow up.  He said there would be a meeting held on Friday to specifically discuss the wiring. 


Mr. Derby had no report.


Mr. McDevitt announced that the Board of Adjustment was seeking Alternate members for a three-year term.  He reported that the Budget Committee had met and voted on the warrant articles that had been submitted.  He reviewed the warrant articles the Budget Committee didn’t support.  Mr. McDevitt said that he created a list of points that should be considered when the Town Report is distributed.  He said that the Municipal Building Committee would be meeting on Thursday. 


Mr. Farris said with the hiring of Mr. Cahalane to the Police Department, they would have a full compliment, which should allow the Police Chief and Lt. Roark to institute some of the new procedures they were looking to do.  He said that the Selectmen would need to discuss the Town Report dedication, as well as ideas for the cover.  Mr. Farris ended by saying that the CIP was active and they would be sending out the forms and solicitations to the department heads in January. 





(Bergeron/McDevitt) Request for a non-public session per RSA 91-A:3,II, a & c (personnel; discussion in public could adversely affect the reputation of a person).




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 9:55 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.




(  ) The motion carries.





(     ) To adjourn the meeting.




( ) The motion carries. 


The meeting was adjourned at approximately       pm.

                                                                                          Respectfully submitted,


                                                                                          Charity A. L. Willis

                                                                                          Recording Secretary