February 10, 2004

APPROVED – February 17, 2004






Mr. Harold Lynde, Mr. William McDevitt, Mr. Jean-Guy Bergeron, Mr. Richard Derby, Mr. Victor Danevich


Also present:



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




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




January 20, 2004 – deferred to next meeting so video tape could be reviewed for clarification of the Selectmen’s discussion with Mr. William Hayes.








Mr. Lynde asked that the Selectmen join him in congratulating the Pelham High School Girls Cheerleading Squad who had won the Class M State Championship, which he believed was for the third year in a row. 




Sherburne Hall Committee – To be rescheduled.


State Representative Chris Malloy: Legislative Issues


State Representative Chris Malloy said that the ten (10) year Transportation Plan had been worked on in the State House.  In an effort to be ‘on the same page’ with the Selectmen he wanted to review the status of the Town’s projects.  Mr. Lynde believed there were two (2) Town projects listed in the plan; 1) Tallant Road Bridge, and 2) Castle Hill Bridge (Pelham/Windham project).  Mr. Malloy noted that the format of the transportation plan book had changed, in that the projects were ranked from ten (10) (being the highest) to one (1) (being the lowest).  He informed that the Tallant Road Bridge, even though it was a new project, was ranked as an eight (8); the Pelham/Windham Castle Hill Bridge had been ranked as a nine (9).  Mr. Gaydos provided a brief summary of the Castle Hill Road Bridge project status and noted that there would be no further information until after the Town Meeting in March when Windham made a decision regarding the engineering design.  Mr. Malloy said that both bridges were scheduled in the transportation plan for the year 2005.  Mr. Gaydos said that the Town had the commitment for the Tallant Road Bridge, but did not have the commitment for the Castle Hill Bridge from either Windham, or the state, because the design had not yet been determined. 


There was a brief discussion regarding the inclusion of the Pelham Town Center in the ten (10) year plan. A presentation was provided by interested parties (i.e. Fire Chief, Police Chief), and petitioned from the Town during a public hearing meeting held October 15, 2003 at Hudson Town Hall.  Mr. Malloy said that the Town Center project was included in the transportation plan, but did not have a ranking number.  He said it was listed in the back of the plan in the ‘wish’ list area.  It was believed that Commissioner Carol Murray understood the need for the Town Center to be included in the plan since she had encouraged the Town to petition the state.  Mr. Malloy said that the Governor and the Committee for Public Works and Highway had prioritized bridges, and since the Town Center had no ranking number, he felt it would not be included in the plan this year.  Mr. Lynde asked if it would be useful for a representative of the Police Department to make an appearance at the next hearing.  Mr. Malloy felt it would be useful.  He said the hearing would be February 11, 2004 beginning at 10am. 


Mr. Danevich, who had reviewed Planning Board notes from past years pointed out that the following intersections had been sited as problems, and should be addressed: 1) Town Center; 2) Keyes Hill Road; 3) Ledge Road (Route. 38); 4) Burns Road and Marsh Road.  Mr. Lynde, who was also aware of the intersections Mr. Danevich sited, wanted the state review the Mammoth Road/Keyes Hill Road/Tallant Road intersection, since Mammoth Road is considered a state highway.  Mr. Malloy said he asked the Commissioner what steps to follow regarding intersections; the first step would be to forward a letter (from the Town Administrator or Police Chief, or Fire Chief) to the Commissioner.  It was noted that the Police Chief had contacted the Department of Transportation on more than one occasion regarding dangerous intersections.  Mr. Bergeron, who is also a State Representative, said he had spoken with the Police Chief at least twice regarding this matter, and confirmed that the state was aware of the situation.  He believed NRPC would have additional information regarding the traffic studies as well as information on funding for such.


Mr. Derby felt that Castle Hill, Mammoth and Keyes Hill should not be tied up with the bridge project and should be addressed now.  There was a brief discussion regarding the Keyes Hill Road intersection and the possible addition of signs, which may need state approval. 


Mr. Malloy moved the discussion forward and spoke on the issue of redistricting.  He said in the past year, because the House failed to come up with a plan, the Supreme Court drew the districts based upon the total population of towns/cities and the number of districts in the state.  Based upon the last census, Pelham should have a minimum of three and one half (3.5) representatives.  Mr. Malloy discussed some of the issues surrounding the redistricting, and noted that the House Election Law Committee had a bill before them that would place Pelham, Hudson and Litchfield together (total population of 41,000 for 13 member seats).  Before he made an argument for Pelham to be separated from Hudson and Litchfield, he wanted to obtain the opinion from key members of the Town.  He also said one argument could be made that Pelham was closer to deserving four (4) seats, however he felt the general court may look favorably on the fact that Pelham would be willing to accept three (3) representatives.  Mr. Malloy said the bill would be voted on next Thursday and wanted the Selectmen’s consideration, and approval to make the argument of Pelham having its own district with three (3) representatives. 


Mr. McDevitt felt it was long overdue for Pelham to have its own representatives.  He pointed out that Pelham had no common interests with Hudson.  He said the current combination of districts didn’t work and felt that adding Litchfield made even less sense. 


Mr. Bergeron, being a State Representative, discussed the history of the districts and explained how the court got involved in the past year.  He pointed out that Pelham’s current district (#66) had eleven (11) representatives.  He was unsure if the House or the Senate could change the districting. 


Mr. Lynde recalled that the last bill proposed by the 2002 Legislature listed Pelham as its own district.  He supported Pelham having its own representatives. 


Mr. Malloy asked that the Selectmen draft a letter of support so he could have something ‘in hand’ when making his argument on the House floor that an amendment be made.  He said he would ask the same of the Town Administrator and the Police and Fire Chiefs.    


A motion was made by Mr. Danevich to draft a letter of support for Mr. Malloy, and seconded by Mr. Bergeron, for discussion. 


Mr. Bergeron asked what the vote out of committee was, for the bill.  Mr. Malloy was unsure, but said he could find out.  Mr. Lynde and Mr. McDevitt questioned what difference the vote count would make.  Mr. Bergeron said he could not vote at this time because he didn’t have all the facts, and also because he didn’t know what the vote out of committee was.  Mr. Lynde asked Mr. Bergeron if he supported the concept of Pelham having its own separate district and representatives.  Mr. Bergeron felt it was the job of the House and Senate to do that, and felt that there was a lot of information that should be known before support is given.  There was further discussion regarding the districts.  Mr. Malloy said he wanted Pelham to have the best representation possible and based upon population growth noted that the Town was almost at the point of being entitled to having four (4) representatives.  He didn’t feel that the vote out of committee mattered in this case.     


Mr. Malloy noted that the letter of support could be written to either the Speaker of the House, Members of the General Court, or the House of Representatives.  Mr. Lynde suggested that all of Pelham’s representatives be copied.   




(Danevich/Bergeron) To draft a letter on behalf of the Selectmen to support State Representative Chris Malloy with regard to the concept of Pelham being its own district, comprised of three (3) representatives.




(4-0-1) The motion carried.  Mr. Bergeron abstained.


Mr. McDevitt made a motion (seconded by Mr. Danevich) to encourage Mr. Bergeron to work as hard as possible on behalf of the citizen’s of Pelham to have its own district.  Mr. Bergeron felt that Pelham had its own district and didn’t understand the meaning of the motion.  Mr. McDevitt said the motion’s purpose was to not tie Pelham up with Hudson, or Litchfield, or another big area.  He didn’t feel that the current situation ‘worked’ for Pelham. 




(McDevitt/Danevich) To encourage Mr. Bergeron to work as hard as possible on behalf of the citizens of Pelham to have our own district. 




(4-0-1) The motion carried.  Mr. Bergeron abstained. 


Mr. Malloy made a suggestion that he meet with the Selectmen once per month to discuss issues.  Mr. Lynde said there was an issue with state funding for education.  He asked that Mr. Malloy and Mr. Bergeron work to have those funds restored to the Town.  Mr. Bergeron said there was a bill coming later in the month, and a reconsideration hearing would also be held later in the month.  He said that he would provide Mr. Malloy with the information, and that he would also try to restore some of the money. 




Review of End of Year Budget Report & Warrant Article Status


Mr. Gaydos provided the Selectmen with a worksheet that showed each department, the amount appropriated and expended, as well as the balance and the amount to be encumbered.  He said he could provide a more complete breakdown if desired.  The Selectmen reviewed the worksheet.  Mr. Lynde said he would like to see a more detailed report.




Pelham Code Book Update Status Report


Mr. Lynde requested that the Selectmen review the proposed changes and provide comments back to him by Friday, or by the next meeting.  He said there were certain items that could be done by the Selectmen, other items needed either Planning Board review, or vote by Town Meeting.  Mr. Lynde discussed the possible need for a special Town Meeting due to the number of changes that would need to occur.  Mr. Bergeron asked what the cost would be to hold a special Town Meeting.  The cost to hold a special election was discussed; the election budget could be divided by the number of election for the year to determine the costs. 




Mr. Gaydos noted that the Town Report dedication and other legal issues would be discussed during the non-public session.  It was also noted that there would be a meeting with Breadloaf on Wednesday at 11am.  Mr. Gaydos said Breadloaf was also reviewing areas in the Police Department where supplemental heat may be needed.  He ended by informing that the problem with the heat in the old Town Hall building was the result of an oversight of the oil company, which has since been resolved.


Mr. Danevich first informed that Call-Firefighter Mr. Orie Allen had submitted his retirement resignation.




(Danevich/Derby) To regretfully accept the retirement resignation of Call-Firefighter Mr. Orie Allen effective as of February 1, 2004.




(5-0-0) The motion carried.       


Mr. Danevich then reported that the Firefighter’s Ball was successful.  He discussed the placement of no parkingsigns along Mammoth Road and said that the state required a letter of request.  Mr. Gaydos was asked to draft a letter.  Mr. Danevich said that a request had been received that Men’s Softball be included in the Park and Recreation programs.  Mr. Lynde suggested that the decision wait until after the new Park and Recreation Director was hired.  Mr. Danevich believed timing was an issue, and suggested that the Selectmen meet with the Men’s Softball representative to hear what was being proposed.  He then discussed the part-time help in the Park and Recreation Department, which was working well.  He said thirty-one (31) applications had been submitted for the Director position, and the deadline for resume submission was February 20, 2004. Mr. Danevich ended by informing that the new fire truck (pumper) had arrived.  He said people should know that the Fire Chief had reviewed each component and saved the Town over $20,000. 


Mr. Bergeron informed that the next Regional Water Charter Committee meeting would be held Thursday evening at the offices of the NRPC.


Mr. Derby discussed the trees at Muldoon Park and said he was seeking further direction as to what should be removed.  He noted that the sign posts also needed to be rebuilt and pushed back from the road, due to the obstruction of site distance.  The Selectmen will each review the site and report back next week.   


Mr. McDevitt informed that the brush pile at the Transfer Station would remain closed until April 20, 2004.  If anyone has a Christmas tree to dispose of, they may bring it to the Transfer Station.  He noted that during the month of December, the Transfer Station had a sixty-three (63) ton increase over last year’s tonnage.  Mr. Derby noted that the Transfer Station was not accepting construction materials.  With regard to construction material, Mr. McDevitt felt the Selectmen should address the issue and come up with a solution. 


Mr. Lynde said that the Planning Board had met February 2, 2004.  He discussed the Planning Board agenda and reviewed what actions were taken regarding the applications discussed at the meeting. 


Mr. Gaydos said that the Police Department had retired two cruisers last year and asked the Selectmen for permission to post an advertisement on the Pelham Message Board.  It was suggested that an advertisement also be placed in local publications (i.e. Stateline Express, Pelham-Windham News).  The Selectmen did not have a problem with an advertisement being posted. 


Mr. Derby asked the status of Keyes Hill Road/Tallant Road/Mammoth Road with regard to the fatal accident had occurred. Mr. Lynde said that the State Department of Transportation had toured the site, and other traffic areas with safety concerns with the Police Chief.  He suggested putting a letter together to be sent to the Commission (Dept. of Transportation) requesting further action.  Mr. Derby will work with Police Chief Evan Haglund for resolution.  Mr. Gaydos received a cell phone call from Police Chief Haglund who informed he had written several letters and been in contact with the state and the Department of Transportation for some time; they acknowledged the need for a light on more than one occasion; further action might not happen until their next fiscal year.  Mr. Gaydos said that the state was aware of the problem.  Mr. Steve Now, a member of the public, said in Conway oversized stop signs had been added to a dangerous intersection, which appeared to be very successful. 





(Bergeron/Derby) Request for a non-public session per RSA 91-A:3,II,a, b, c, e (Personnel; Hiring of any person as an employee; Matters which, if discussed publicly, would affect adversely the reputation of an person; Consideration or negotiation of pending claims or litigation) 




Mr. Lynde-Yes; Mr. McDevitt-Yes; Mr. Derby-Yes; Mr. Bergeron-Yes; Mr. Danevich-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 8:13 pm.  Also present was Mr. Gaydos.


The Board returned to public session at approximately 9:33 pm.




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




(5-0-0) The motion carried.





(McDevitt/Bergeron) To adjourn the meeting.




(5-0-0) The motion carried. 


The meeting was adjourned at approximately 9:33 pm.

                                                                                          Respectfully submitted,


                                                                                          Charity A. L. Willis

                                                                                          Recording Secretary