August 26, 2003

APPROVED – September 2, 2003






Mr. Harold 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.


Mr. Victor Danevich


The Chairman, Harold Lynde, opened the meeting at approximately 6:30 pm. 




August 5, 2003



(Bergeron/Derby) To approve the August 5, 2003 minutes as written.




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


August 12, 2003



(Bergeron/Derby) To approve the August 12, 2003 minutes as amended.




(4 - 0 - 0) The motion carries. 


The amendments to the minutes were as follows: page three - the letter a shall be removed from the sentence reading ‘Planning Board had a reduced’; page three - 20ft. shall be replaced with 22ft in the sentence reading ‘reduced the road width to 22ft.’


August 19, 2003



(Bergeron/McDevitt) To approve the August 19, 2003 minutes as amended.




(2 - 0 - 2) The motion carries.  Mr. Lynde and Mr. Derby abstained. 


The amendments to the minutes were as follows: page three - the words had been delivered were added to the following sentence ‘furniture for the municipal offices had been delivered’; page four - sentence reading ‘... attending a meeting this Thursday....’ shall be amended to read ‘attending a meeting Thursday, August 28th, and if a decision was made, it could be reported at the next meeting’; page five the motion to seal the minutes was made by Mr. Danevich, seconded by Mr. Bergeron at 9pm - the motion to adjourn the meeting was made by Mr. Danevich and seconded by Mr. Bergeron at 9pm.








Mr. Leo Thibeault  Appointment to NRPC


Mr. Leo Thibeault met with the Selectmen to discuss his request for appointment as a Commissioner to NRPC.  He provided a brief history of his working experience which included thirty years working for the Federal Government, as well as over thirty years in the Military.  He said now that he was retired, he had more time to contribute to the Town.  He said his priority would be to correct the intersection in the Town center.  Mr. Bergeron said that he had known Mr. Thibeault for many years and therefore asked him to apply.  He felt that Mr. Thibeault would do a good job, and highly recommended him for the position. 



(Bergeron/Derby) To appoint Mr. Leo Thibeault as a Commissioner to the NRPC. 




(4 - 0 - 0) The motion carries. 


Mr. Lynde said the term of office would need to reviewed by Mr. Gaydos so that the positions were staggered, unless there were statutory requirements. 




Municipal Building


Mr. Gaydos said that plans for the Planning Department had been placed on hold until a new planning director was hired so they would have the opportunity to comment.  The lobby furniture was delivered and would be set up on Thursday.  The additional tables for Sherburne Hall would also be brought in on Thursday.  Mr. Gaydos said that the Sherburne Hall committee recommended holding off on acquiring furniture at this time, which he agreed with.  He wanted to make sure that there was adequate money to complete the move into the building.  He said that he met with Breadloaf regarding the lawn.  Breadloaf will work with Boyden Landscaping to address the lawn.  Mr. Gaydos said that a portion of the wiring was being completed at the Fire Station.  He said the wiring at the Library would begin this week. 


Mr. Bergeron asked when the Selectmen would hold their meetings at Sherburne Hall.  Mr. Gaydos said that CTAC would be meeting this week.  He said CTAC’s priority was to finalize the Adelphia contract, and then they would address hooking up the cable so that meetings could be held at Sherburne Hall.  Mr. Bergeron discussed the cameras currently being used and asked if there was a possibility of using cameras that were similar to that used in a television studio.  Mr. Gaydos believed that Mr. Jim Greenwood may discuss some ideas when he presents his budget to the Selectmen. 


Use of Old Town Hall Building


Mr. McDevitt recommended that a committee of three or five people be appointed to review building use options.  Mr. Lynde suggested setting guidelines.  Mr. Bergeron said he had been approached by someone interested in purchasing the Annex building.  He recommended when the Town Hall was vacated, that it be cleaned and posted either For Sale, or Lease.  Mr. Gaydos said that he was budgeting for next year as if the building were to remain empty.  He felt that direction could be given to a committee to promote a discussion and conduct a poll to find out if residents wanted the building sold, or leased.  A lease agreement, or a sale would require a vote at Town Meeting.  Mr. Lynde suggested holding a public hearing so the abutters to the property could comment regarding possible uses for the building.  He reiterated that guidelines should be set.  Mr. Gaydos said the first thing that should be determined is if the building should be held, sold, or leased.  There was further discussion regarding the building and its possible uses, which may require a change-of-use variance. 




(McDevitt/Bergeron) To ask for volunteers to be appointed to a committee of not more than five residents whose responsibility would be to make recommendations to the Board of Selectmen as to future uses of the Town Hall and Annex buildings.  




(4 - 0 - 0) The motion carries. 


Volunteer forms may be found at the Annex, or on the Town web site and submitted to Mr. Gaydos. 


Review of Zoning/Code Enforcement Process


Mr. Gaydos said recently the Zoning Officer/Fire Inspector had been vacated when the employee transferred to another position in Town.  He asked for the authority to try and fill the position to have a little more tenure to it.  Mr. Bergeron requested a non-public session regarding the position to discuss labor/union agreement with regard to the position.  The Selectmen discussed the current position.  The Fire Chief will be asked if the fire inspection functions could still be performed, if the position were not filled.  Mr. Gaydos said he had a conversation with the Fire Chief and believed that the position would be discussed when the Fire Department budget was presented to the Selectmen.  He believed there needed to be a dedication/commitment of some resources to the position so that inspections could be done.  The Selectmen decided to discuss further during non-public session at the end of the meeting.     




Budget Review -The Selectmen reviewed the line items contained within each of the following budgets:


Highway Department - Total amount requested $728,363, which is approximately $88,000 more than last year.  The increase was mainly due to salaries.  The following warrant articles were submitted:

1) To request placement of $75,000 in the Bridge Capital Reserve Fund for replacement of the Willow Street and Tallant Road bridges. 

2) To accept the State Highway Grant which helps to offset construction and reconstruction costs.  The actual dollar amount will not be known until October, 2003.  Mr. Gaydos informed that if the warrant article failed, the money would be placed in the General Fund.     

3) To raise and appropriate $78,800 to purchase a new back hoe.

4) To raise and appropriate $47,500 for a new one-ton dump truck.

5) To raise and appropriate $576,000 for construction of an 80ftx120ft. storage and maintenance garage for the Highway Department vehicles and office.  After a brief discussion the Selectmen asked that a five-year note and the operating costs be reviewed. 


Assessing - Total amount requested $67,421; appropriation approved at 2003 Town Meeting was $48,584.

The following warrant article was submitted:

To authorize the Selectmen to borrow $535,000 for the revaluation of the Town and raise and appropriate $150,000 the first year’s principal interest.  Revaluation is for compliance with the Department of Revenue State Certification Program slated to be complete by 2006 tax year. 


Welfare/Human Services - Total amount requested $35,875 ($5,850 is for administration); appropriation approved at 2003 Town Meeting was $20,025.     


Regional Water District Charter Committee Request


Mr. Bergeron said that the Regional Water District Charter Committee had requested that representatives ask their respective towns for approval of up to $5000 this year as well as the approval of $5000 for next year.  He said the money would be spent in the event that legal services were needed to review the charter language being drafted. He said if communities wanted individual advice, communities would be solely responsible.  He discuscussed the amount of money that other communities had spent.  He noted that the money would be reimbursed through the revenue bond. 


Mr. McDevitt asked if there were funds available in the legal budget.  Mr. Gaydos said there was no contingency, but if the money were to be set aside, he could find the funds, but something else may need to be deferred.  There was a brief discussion regarding the charter and the fact that the charter would be drafted and reviewed to keep the best interest of all members covered within the language.  An individual town may have a unique that requires separate legal counsel.  Mr. Lynde suggested that Mr. Bergeron be authorized to let the charter committee know that the Town would be willing to provide up to $5000, if the amount is available, as the Town came closer to the end of the budget year.  The Selectmen agreed with Mr. Lynde’s suggestion.





Mr. Gaydos circulated a draft of the skateboard/rollerblade etc. ordinance as drafted by himself and Police Chief Haglund.  He said that the ‘No Skateboarding’ signs had been ordered.  The Selectmen reviewed the draft ordinance; a public hearing would be posted for an upcoming meeting.  Mr. Gaydos said that the areas of Town prohibiting skateboarding would need to be clearly defined.  Mr. McDevitt questioned the Selectmen’s ability to pass this ordinance per RSA 41:14, b & c.  He believed the ordinance may need Town approval.  Mr. Gaydos will seek Town Counsel’s opinion regarding the language presented by Mr. McDevitt.  Mr. Gaydos informed that he would meet with NRPC regarding the Planning Director position and how the Town, Planning Department and Planning Board could receive back  up help until a person is hired to fill the position. 


Mr. Bergeron said that the Water District Charter Committee would hold a meeting Thursday, August 28th.  He then read aloud a letter drafted by Nashua Mayor Bernard Streeter that informed of a regional round-table meeting hosted by NRPC to release the state’s 10-year plan.  The status of the formation of a regional water district will also be discussed.        


Mr. McDevitt thanked Mr. Charlie Mooskian for his help with the fence and gate at the Municipal Center. 


Derby had no report.


Mr. Lynde informed that the Pelham/Windham Cooperative Planning Board would hold a public meeting in Windham on August 27th.  An additional meeting would be held at the Pelham Elementary School on September 3rd.  





(Bergeron/McDevitt) Request for a non-public session per RSA 91-A:3,II, a & c (Personnel; Matters which, if discussed publicly, would affect adversely the reputation of any person)




Mr. Lynde-Yes; Mr. McDevitt-Yes; Mr. Derby-Yes; Mr. Bergeron-Yes


Mr. Lynde noted that when the Board returned, after the non-public session, the Board may take action or have further discussions.  The Board entered into a non-public session at approximately 9:50 pm.  Also present was Mr. Gaydos and Fire Chief David Fisher.


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


Mr. Lynde said the Selectmen were struggling with trying to assure that the intent of the voters, when they approved the hiring of a fire inspector/zoning enforcement officer, that it is done effectively to get the job done.  He said two individuals that have filled the position had moved on into firefighter positions.  He said there were several things that could be considered, one of which is to try and make the process work, or to try and move the position into another department.  He said the Fire Chief had identified his concerns from a fire inspection point of view, which had many functions (blasting, home inspections, fire safety).  Mr. Lynde said the issue before the Selectmen was to either continue down the same path and modify the position to achieve the goal, meeting the requirements of the Fire Department for inspections and to also meet the requirements of the Town for zoning enforcement.  Mr. McDevitt said the issue was the position being used as a stepping stone into a firefighter position.  He suggested the possibility of redefining the job.  Mr. Lynde discussed the intention of the position.  The Selectmen asked that Mr. Gaydos and the Fire Chief discuss how to proceed and report back to the Selectmen in a couple weeks.  Fire Chief Fisher had no problem working with Mr. Gaydos regarding the position.  Mr. Lynde noted that John Bobula’s report noted that a full-time code enforcement officer was needed in the Planning Department.  Mr. Gaydos said another problem may have been that the Planning Director didn’t always communicate with the Fire Department.  He said for success, the Planning Director had to be able to effectively communicate with the Fire Department regarding code enforcement issues. 





(Derby/Bergeron) Request for a non-public session per RSA 91-A:3,II, a & b (Personnel; Hiring of any person as an employee)




Mr. Lynde-Yes; Mr. McDevitt-Yes; Mr. Derby-Yes; Mr. Bergeron-Yes


Mr. Lynde 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 10:20 pm.  Also present was Mr. Gaydos.


The Board returned to public session at approximately 10:40 pm.




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




(4 - 0 - 0) The motion carries.





(McDevitt/Bergeron) To adjourn the meeting.




(4 - 0 - 0) The motion carries. 


The meeting was adjourned at approximately 10:40 pm.

                                                                                          Respectfully submitted,


                                                                                          Charity A. L. Willis

                                                                                          Recording Secretary