APPROVED

 

TOWN OF PELHAM

BOARD OF SELECTMEN MEETING

MINUTES

December 17, 2002

APPROVED – January 7, 2003

 

CALL TO ORDER

PLEDGE OF ALLEGAINCE

 

PRESENT:

Mr. Greg Farris, Mr. Jean-Guy Bergeron, Mr. William McDevitt, Mr. Richard Derby

 

Also present:

 

ABSENT:

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

 

Mr. Harold Lynde

              

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

 

MINUTES REVIEW

 

December 10, 2002

 

MOTION:

(Derby/Bergeron) To approve the December 10, 2002 minutes as amended.

 

VOTE:

 

(4 - 0 - 0) The motion carries. 

 

The amendments to the minutes were as follows: page 1 - the vote count for both motions pertaining to the minutes review should read (4 - 0 - 0).  page 5, typo of the word drought.  page 6 under Water District discussion the sentence shall be revised to read (He noted that Nashua had not asked any other towns to fund the initial cost...”.  page 8 - the word ‘not’ shall be removed from the following sentence “...with the hiring of Mr. Cahalane to the Police Department, they would have a full compliment...”.

 

OPEN FORUM

 

None.

 

APPOINTMENTS

 

Water District - Authorizing a representative

 

Executive Director of Nashua Regional Planning Commission (NRPC), Andrew Singelakis met with the Selectmen to discuss the water district.  He said that the NRPC would remain objective.  He discussed what was currently happening in Nashua and the affects surrounding communities may have if a regional water district was set up.  He said Nashua would vote on January 14, 2003 to decide if they would take over the entire system.  He said if the issue did not pass, the issue would be moot.  He said what surrounding communities have been asked was to vote to sign a Memo of Understanding, vote to place a warrant article on the ballot and finally to sign a purchase and sales agreement to ensure that when Nashua took the system over it would be transferred to the regional water district.  He said the transaction could not take place now because currently state law didn’t allow for more that one community to issue revenue bonds.  It was unclear how long it would take Nashua to complete the process.  Mr. Singelakis said that each community was being asked to appoint a representative to discuss issues with the Town and provide any input. 

 

Mr. Bergeron asked if there were any additions or deletions that should be made within the Memo of Understanding.  Mr. Singelakis believed the draft was fairly straight forward, with the exception of minor details that would be discussed at the regional meeting on Thursday.  He noted that it was important to note that funding would be through revenue bonds, and would not have an impact on taxes.  Mr. Singelakis reviewed the wording of the warrant article and suggested that the Town have legal counsel review.  He said that one question, which would be discussed Thursday was if one or two votes were needed to join the district and acquire it later. 

 

Mr. McDevitt said that the wording of the warrant article gave the appearance that it could cost money.  Mr. Singelakis said education may be needed to inform people that the funding would be through revenue bonds. 

 

Mr. Singelakis briefly discussed how the current water system was connected and said that twenty-one towns would be affected throughout the southern portion of the state.  He said as a result of the merger, the proposal was that the rate structure would not change. 

 

Mr. McDevitt wanted to ensure that the Town would be aware of any wording changes to the proposed warrant article so that everyone would be voting on the same thing.  Mr. Bergeron said that the Town may want to add a sentence regarding the financing to come from revenue bonds.  It was understood that the wording would be reviewed by legal before being placed on the ballot.  Mr. Singelakis suggested not posting the warrant article until the regional meeting Thursday. 

 

The Selectmen needed to officially appoint a representative.  Mr. Bergeron had been regularly attending the meetings, and said he would continue if so desired by the Selectmen.

 

MOTION:

(Derby/McDevitt) To appoint Mr. Jean-Guy Bergeron as the Town’s representative for the regional water district.  

 

VOTE:

 

(4 - 0 - 0) The motion carries. 

 

Mr. Bergeron said he would gather as much information and opinions to bring back to the Selectmen for discussion. 

 

Mr. Farris asked if a postponement of the Public Utilities Commission was likely.  Mr. Singelakis said it was difficult to say, but didn’t feel that it would be honored until there was a viable offer on the table.  He said there was also a question if the Pennichuck stock holders would vote for the merger.  He said that several towns had filed a motion for continuance.  Mr. Singelakis said the other ‘wild card’ was if the bill would pass legislature. 

 

Mr. Bergeron informed what steps the Selectmen had already taken 1) took a vote regarding the motion for continuance, which was still being worked on, 2) took a vote regarding the resolution, which would be signed by the Selectmen and mailed to the eleven State Representatives as well as the Senator. 

 

Mr. Farris asked that the State Representatives occasionally meet with the Selectmen to discuss what was going on.  Mr. Bergeron said he had extended the invitation and believed that starting in January the Selectmen could expect the State Representatives to start meeting with the Selectmen to keep the Town up to date with information. 

 

There was a brief discussion regarding the status of the Town center study.  Mr. McDevitt said that one of the recommendations was the review of a round-about.  He asked why the round-about in Nashua was not successful.  Mr. Singelakis believed that there would be traffic problems no matter what was implemented in the area because it was the only access into a major high school.  He said a traffic light would have been worse than the round about.  He said that round-abouts didn’t work in every situation.  Mr. Farris said that there would need to be further discussion regarding the Fire Station building before the traffic solution could be determined. 

 

State Assessment Certification

 

Mr. Gaydos said the item has been postponed.  The date has yet to be determined. 

 

OLD BUSINESS

 

Municipal Building

 

Mr. Gaydos informed that the interior demolition was almost complete.  He believed the department heads could be brought through to view their areas.  Mr. Farris said that the department heads were simply viewing what had already been agreed to.  Mr. Gaydos said that any items being changed would be no cost items, such as either moving, or adding electrical outlets.  He said if there were any cost items a change order would be drafted. 

 

Mr. Farris asked if public tours had been scheduled.  Mr. McDevitt believed that Breadloaf had provided dates for public tours.  Mr. Gaydos said he would discuss tours at the Building meeting Wednesday. 

 

Mr. Bergeron wanted to know how the wood walls and ceilings in the old section of the building were being addressed, in connection with the codes.  Mr. Gaydos said that the Town’s Building Inspector had reviewed the site and was carefully ensuring that the codes were being met. 

 

Mr. Gaydos said the Selectmen had previously discussed the furniture needs for the Municipal Building and the opportunity to purchase used items.  He discussed the items that would need to be purchased and what was readily available for purchase.  He said he had an area for storage.  Mr. Gaydos asked for authorization to purchase needed items (i.e. conference tables and chairs), which would cost approximately $19,000 (shipping included).  He said the money would come from this year’s budget. 

 

The Selectmen discussed the possibility of purchasing the items Mr. Gaydos mentioned and agreed that they should be procured from this year’s budget.  Mr. Farris asked if there was a storage plan for the records kept in the basement of the Town Hall.  Mr. Gaydos said that the Planning Director was reviewing surrounding town for storage ideas. 

 

MOTION:

(Derby/McDevitt) To allow Mr. Gaydos to investigate and if necessary procure furnishings, up to $20,000.  

 

VOTE:

 

(4 - 0 - 0) The motion carries. 

 

Historical Society Lease

 

Mr. Gaydos asked to postpone the discussion until the next scheduled meeting. 

 

Highway Department Septic System

 

Mr. Gaydos said that the bid was in two parts 1) raised septic system, and 2) pump.  The recommendation of Mr. Don Foss, Highway Road Agent was to award the bids as follows: septic system to Nyman Excavating for $11,700 and the pump to William Gibson for $2,333.  Mr. Farris asked if any part of the warrant article needed to be carried over.  Mr. Gaydos said the water well portion would be carried over.  Mr. Farris said any part of the warrant article that had not been expended should be carried over. 

 

Mr. Derby asked if the wiring would be an additional expense.  Mr. Farris reviewed the bill and said it appeared there would be an additional bill for electrical.  Mr. Gaydos said that the pricing specific for the pump and septic system were on target.  He said there was an allocation for the wiring cost.  Mr. Bergeron said that the wiring had to be done by an electrician. 

 

MOTION:

(McDevitt/Derby) To award the construction of the septic system to Nyman Excavating for $11,700 and the pump to William Gibson for $2,333.

 

VOTE:

 

(4 - 0 - 0) The motion carries. 

 

NEW BUSINESS

 

Planning Department Policies

 

Mr. Gaydos said there had been a recent discussion regarding setting up two policies: 1) Requirements of Testing Report Data (which was a national standard), 2) Pre-construction meeting process.  He said that the Planning Board had been provided a copy for review and comments and asked that the Selectmen also review and provide any comments.   

 

Town Report Discussion

 

Mr. Farris asked that the Selectmen discuss the dedication during non-public session. 

 

Mr. Gaydos said that the bids for Town Report had been solicited.  Mr. McDevitt said that he would follow up with Breadloaf regarding the picture for the cover. 

 

Mr. Bergeron wanted to ensure that the Town Report would be proof read before it went to print.  He asked if the 2003 newly elected officials should be included.  Mr. Gaydos said that the Town Report was a retrospective review of the previous year, and would therefore not include the newly elected officials unless the Selectmen decided to act prospectively.  There was a brief discussion regarding the report and the fact that the department heads should proof read their own sections for accuracy.     

 

OHRV Ordinance regulating noise

 

Mr. McDevitt followed up with a discussion from the summer regarding OHRV noise within a residential neighborhood.  He said the Selectmen heard a complaint and requested that the Police Chief investigate.  The Police Chief informed that no local or state regulations were being broken.  Mr. McDevitt said that he told the residents there were a couple remedies that could be pursued, one of which could be an ordinance (for Town ballot) regarding the hours of operation for OHRVs within a residential zone.  He asked that the Selectmen consider the possibility of restricting the operating hours within a residential zone, or thinking of a solution that would prevent the problem from coming up again. 

 

Mr. Bergeron recalled several bills in connection with OHRVs, and suggested as a starting point, that the residents review the description of the proposed legislation contained on-line. 

 

Mr. Farris said that the situation was delicate and may require review the regulation of snow mobiles also.  He said he would review strongly before supporting a new regulation.  Mr. McDevitt said that he did not intend on including snowmobiles.  He said that he was specifically referring to OHRVs since at the time noise becomes an issue is when people are doing outside activities.  He said that the Town didn’t receive complaint pertaining to snowmobiles.   

 

Board of Adjustment Volunteer

 

Mr. Bergeron said that he received an e-mail from a person interested in volunteering for the Board of Adjustment.  Mr. Gaydos will follow up with the volunteer and schedule and interview for a future meeting. 

 

Expansion of non-conforming structures on Little Island Pond

 

Mr. Bergeron said that he received an e-mail regarding the expansion of non-conforming structures on Little Island Pond.  Mr. Farris said he would like to have all persons present that were mentioned in the e-mail at the time a discussion took place.  Mr. Bergeron asked that the Planning Director and Health Officer also provide comment.  Mr. Gaydos felt the proper way to proceed would be to have the people responsible for evaluation situations discuss with the situation with the people mentioned before the Selectmen move forward. 

 

TOWN ADMINISTRATOR’S REPORT/SELECTMEN’S REPORT

 

Mr. Gaydos said that he was interviewing candidates for the Bookkeeping Supervisor position.  He asked if the Selectmen were also interested in interviewing the candidates.  Mr. Farris asked that the final candidates be brought in to meet the Selectmen.  Mr. McDevitt said he would like to meet the final candidate. 

 

Mr. Bergeron read aloud a memo addressed to Fire Chief Fisher, which was the resignation letter (effective October 15, 2002) submitted by Mr. Kenneth Mullaney.  He thanked Mr. Mullaney for his many years of service.  Mr. Bergeron also read aloud a letter drafted by the Fire Department’s Public Relations Officer.  The memo noted changes that had occurred to better inform the public of services offered, such as the new website (www.Pelhamfire.com).  Mr. Bergeron ended by reminded residents of the change in the Transfer Stations operation hours for December 24th and 31st, which would be 8am - 3pm.  He noted that the brush pile would be open Tuesday, December 24th - January 4th for Christmas tree disposals.   He wished all a happy and safe holiday.

 

Mr. Derby hoped that Irene Drive, Honey Lane and Robin Way were opened up for snow removal.  He said that the Highway Department was doing a good job.  Mr. Derby ended by wishing all a happy and healthy holiday. 

 

Mr. McDevitt said that the Budget Committee held a meeting and voted on the School’s warrant articles.  He said that Kindergarten was not supported, but would be brought back under reconsideration.  Mr. McDevitt brought in a wagon that had been left at the Transfer Station to show the type of items that could be swapped, rather than placed in the compactor.  He discussed the need for a plan to be developed to deal with like items left at the Transfer Station. 

 

Mr. Farris said he received a notice from the Nashua Pride Baseball team, who would be holding a community night for residents in Pelham.  The first night would be June 1, 2003.  He said they were seeking help to find volunteers to distribute fliers and information.  Mr. Gaydos felt that the Park and Recreation Department could be involved. 

 

Mr. Gaydos informed that Attorney Diane Gorrow was successful in the case of Second Generation versus the Town.  He said that the court upheld the Board of Adjustment’s decision. 

 

REQUEST FOR NON-PUBLIC SESSION

 

MOTION:

(Bergeron/McDevitt) Request for a non-public session per RSA 91-A:3,II, a & e (personnel; pending claims or litigation).

 

ROLL CALL:

 

Mr. Farris-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 8:05 pm.  Also present was Mr. Gaydos.

 

The Board returned to public session at approximately 9:30 pm.

 

MOTION:

 

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

 

VOTE:

 

( 4 - 0 - 0) The motion carries.

 

ADJOURNMENT

 

MOTION:

(McDevitt/Bergeron) To adjourn the meeting.

 

VOTE:

 

(4 - 0 - 0) The motion carries. 

 

The meeting was adjourned at approximately 9:30 pm.

                                                                                          Respectfully submitted,

 

                                                                                          Charity A. L. Willis

                                                                                          Recording Secretary