APPROVED

TOWN OF PELHAM

BOARD OF SELECTMEN MEETING

MINUTES

January 20, 2004

APPROVED – March 3, 2004

CALL TO ORDER

PLEDGE OF ALLEGIANCE

PRESENT:	Mr. Harold Lynde, Mr. William McDevitt, Mr. Jean-Guy Bergeron, Mr. Richard Derby
Also present: ABSENT:	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.

MINUTES REVIEW

January 6, 2004

MOTION:	(Derby/McDevitt) To approve the January 6, 2004 meeting minutes as amended.
VOTE:	(4 - 0 - 0) The motion carried.

The change to the minutes was as follows: page five – the sentence reading ‘…special needs the opportunity to view a re-play of the Town meetings’ shall be revised to read ‘…special needs the opportunity to attend the meetings and re-play taped meetings starting the following day.’

January 13, 2004

MOTION:	(Derby/McDevitt) To approve the January 13, 2004 meeting minutes as amended.
VOTE:	(4 - 0 - 0) The motion carried.

The changes to the minutes were as follows: page one – the words ‘cost to the Town would be’ shall be amended to read ‘cost to the Town will be’ page two - motion shall be changed from (McDevitt/Bergeron) to (Derby/Bergeron).

OPEN FORUM

None.

ANNOUNCEMENT

Mr. Lynde reminded residents that the Presidential Primary Election would be held January 27, 2004 at Pelham Memorial School between the hours of 7am and 8pm. He also noted that the First Session of Town Meeting would be held February 3, 2004 at Pelham Elementary School beginning at 7pm.

APPOINTMENT

Mr. William Hayes – Development of Trails at Raymond Park

Attorney William Hayes, Pinewood Drive informed the Selectmen about a state trail grant program (between $500 – $20,000) that provided an 80/20 match which could be done using ‘in kind’ skilled/unskilled labor and materials. He said he had prepared an application in the amount of $19,425. He said the Town’s match would probably be worth more than the grant based on the state’s accounting methods. Attorney Hayes said that 6500ft. of trail would be built/rebuilt and able to provide access for emergency vehicles so they could be 800ft. from any point within the park. He explained the location of the proposed trails and noted that access would come in from Mammoth Road. He also explained that the trail could be used as a teaching trail for the Scouts and the Conservation Commission. Attorney Hayes requested authorization from the Selectmen to have the Chairman sign the transmittal letter.

Mr. Lynde reviewed the map of the proposed trails. Attorney Hayes said the trails would not be made for vehicles, and the width would not change very much. He then discussed the additional access which would be obtained through a shared driveway owned by Mr. Jeffrey Detellis and Mr. Russel Hamel. Mr. Lynde discussed the shared driveway access and noted that the subdivision plan had been discussed by the Planning Board, but had not yet been approved. Mr. McDevitt asked if there was a recorded easement with the Town. Attorney Hayes said a permanent easement would be recorded on the subdivision plan. Mr. McDevitt wanted to know if the shared driveway had been created for access. Attorney Hayes said that the owners created the driveway and would allow the Town to use it for emergency access only. Mr. McDevitt asked if the access would become a Town road in the future. Attorney Hayes said the access was a personal shared driveway.

Attorney Hayes discussed the grant and said that the state insisted that someone be authorized (not to administer), but to sign the contract, therefore he drafted a side agreement with the Town stating that he would not sign the grant check until the Selectmen have reviewed and co-signed. The cover letter and the side agreement (assuring that Attorney Hayes would not sign the contract without Selectmen review) required signature. Mr. Lynde read the cover letter and side agreement aloud. Attorney Hayes explained the meaning of the language in the side agreement (which was also included in the contracts he previously signed with JSI).

Mr. Bergeron wanted to research if Attorney Hayes had protection coverage (through the Town’s insurance policy) because of being a member of the Park and Recreation Advisory Board so that the side agreement would not be needed. Attorney Hayes said that the language in the side agreement was identical to that contained in past agreements (such as with JSI) so there was no doubt in the future. Mr. Gaydos believed the agreement was necessary because the position was different than being a board member. Mr. Bergeron didn’t disagree; he suggested that the Selectmen vote to grant Attorney Hayes Town employee status. He also suggested that the Selectmen publish an agenda item stating the Attorney Hayes’ appointment. Attorney Hayes said that the cover letter would need to be signed and filed this week. Mr. McDevitt clarified that there was no statutory requirement to spell out in detail what will be discussed, but the Selectmen try to the best of their ability to outline the discussions. After further discussion, the Selectmen agreed to vote on the grant application, and at the next meeting after review of the RSA’s would discuss the side agreement.

[The following is the verbatim dialogue of the above paragraph: Lynde-What does this imply Spike, when it says ‘in your capacity as grant administrator you are deemed a Town employee’?

Hayes-Any town official that holds a position, whether it’s the Planning Board, Board of Adjustment, or Board of Selectmen, there are three sections, one that says that if I make a mistake its supposed to be _______, if somebody cuts themselves when they’re building a trail, and the parent thinks I’m negligent, they are going to sue this Town. If the Highway Department doesn’t salt the road and they say Donnie’s negligent, they’re going to sue the Town and we have insurance for that. This also goes for the ________ provisions, cause that’s what these three are. So all I’m asking for is the same protection that every other Town Official has and all the contracts I do with JSI, I have identical language in there. It makes me covered by the insurance policy. I’m probably sufficiently covered by simply being a member of the Parks and Rec. Advisory Board, but I always put it in.

Bergeron-I do have a question about that, and maybe you do have it, like you just said, in that other capacity. Could we just check on that, just to be sure and if you already have it in that other capacity.

Hayes-I’m about to defend this guy, I think I have it in that capacity, and I also throw it into every contract with JSI. So there is never any doubt down the road.

Gaydos-I gotta tell ya, I think he needs to have this because he’s not just any board member, he’s acting as a, you know, a grant administrator, he’s obviously heading this program up, I think you know, it’s certainly prudent to give him that type of coverage.

Bergeron-I don’t disagree with that, but maybe we need to also vote on that issue to grant him that employee status, or whatever. How can you just say you’re an employee if you haven’t been appointed an employee. As I said, maybe in another capacity you are.

Lynde- Your point is valid, I think we probably should have a separate vote to appoint Mr. Hayes as the Trail Grant Administrator, because it is, essentially we, we have two things, I have two things to sign, which I need your approval for, ok? One is the cover letter applying for the grant, which authorizes Spike to be our point person, called a Trail Grant Administrator. And then the second thing is this agreement, whereby before he, states that, he will come to us before he signs any contract, get our approval for that signing before he goes the next step and signs a contract ok. And I would assume that any deviations or modification you would come back to the Board anyway, but….

Hayes-Ya, prior to signing, a contract.

Lynde-And then at the same time we are giving him protection under the RSAs, by that type, so we need two votes I think.

Bergeron-Mr. Chairman, I’d like to also ask a question, I agree with you, I think we do need them two votes and I think maybe we should have to publish this on the agenda that we are actually doing that. What’s on the agenda tonight, I don’t believe it states that and I just want to make sure that we give official notice to what we’re doing. This is the first time I’m seeing this tonight, so given this here….]

Mr. Lynde reviewed the grant agreement and the breakdown of labor donation, equipment rental, etc.

MOTION:	(Derby/McDevitt) To authorize the Chairman to sign the cover letter to the Bureau of Trails – Division of Parks and Recreation – To submit the trail grant application which authorizes Attorney Hayes to act on the Town’s behalf in this application.
VOTE:	(4-0-0) The motion carried.

Mr. Hayes circulated a letter to the Selectmen (dated 1983) from the then Administrative Assistant which requested the neighboring junkyard (owned by the Coombs family) to get off Raymond Park property. He also submitted photographs that showed the junkyard was still operating on park property. Mr. Lynde understood that the majority of vehicles had been moved, with a few remaining. He asked if the junkyard was encroaching back over. Attorney Hayes said there were still thirty to forty vehicles remaining. Mr. Gaydos said that the Town took a big step during the last year. He said a bill would be sent and the job would move ahead in the spring. Mr. Lynde said the bounds had been marked. Mr. Gaydos said the fence had been purchased and the money for the dumpsters had been appropriated. He said the goal was to continue moving forward once things thawed out. Mr. Lynde said that the junkyard would be on the agenda by April 1, 2004. Mr. Hayes noted that the junkyard didn’t apply for a license during the past year. Mr. Lynde said now that the survey of the land was done and the bounds were in place the cars would have to be moved to be in compliance for a junkyard license. He said if a license was not granted he felt the Board would take follow up action to ensure that they didn’t operate. (see further discussion listed below under Coombs Junkyard)

Police Department - Request for grant

Police Chief Evan Haglund met with the Selectmen to request authority to apply for a grant through the New Hampshire Highway Safety Agency. He said the request was for a one-year grant in the amount of $2800 ($1500 by NH Highway Safety Agency/$1300 through the Police Department contingency fund) to add a police motorcycle to the enforcement staff. He said the grant included all training and all equipment for up to two officers. Chief Haglund said the motorcycle would allow a traffic enforcement tool in residential areas that have high commuter traffic. He noted that the grant would be available for three years, but they would have to reapply annually. He discussed how the motorcycle versus a cruiser would improve traffic enforcement ability.

Mr. Bergeron asked what season the motorcycle would run. Chief Haglund believed that the motorcycle would run from the end of April through late fall.

Mr. McDevitt asked if there would be additional costs for gear or maintenance. Chief Haglund said the maintenance costs would be minimal due to the low mileage that would be put on the motorcycle (38mi. per gallon); need helmet; may need boots; may need light box (negotiable). Mr. McDevitt asked if the motorcycle would replace a front-line cruiser. Chief Haglund said the motorcycle would be supplemental to the existing cruisers already out (which was included in the budget).

Mr. Bergeron asked how many officers would be trained to operate the motorcycle. Chief Haglund said that approximately fifty percent of the officers had motorcycle licenses and may volunteer for the training. He believed there would be more than two officers eligible to operate the motorcycle.

Mr. McDevitt wanted to know if there were any ‘strings’ attached to the lease after the one-year period. Chief Haglund said the lease was for twelve months only. If he wanted to re-apply for the grant he would need Selectmen approval.

Mr. Lynde asked if overtime would be increased. Chief Haglund said the officer would be supplemental, not through overtime.

MOTION:	(Bergeron/McDevitt) To approve the Police Department submitting a Highway Safety Project Grant application, specifically to obtain the lease of a motorcycle.
VOTE:	(4-0-0) The motion carried.

Mr. Lynde informed that an officer, Mr. David Walsh from the New Hampshire Fish and Game, would be transferred over to Hillsborough. Chief Haglund discussed Mr. Walsh’s involvement with the Pelham Police Department and said he would be missed. Mr. Lynde suggested that the Selectmen send a letter of appreciation. The Selectmen agreed. Chief Haglund will draft a letter for the Selectmen’s signature.

OLD BUSINESS

Budget Public Hearing Results

Mr. Lynde informed that essentially nothing changed. He said that the survey warrant article may be amended at the deliberative session to remove the work on Spring Street so that Muldoon Park and the two lots off of Lawrence Road could be done.

Year-end Budget Status

Mr. Gaydos said that the books for 2003 were not yet ready to be closed. He said it appeared that approximately $50,000 would be turned back from the General Operating Budget. He said there were a number of service related items that the bills were just being received. He said there were also certain contracts that could not be finished at this time.

Warrant Article Status – Items to be carried over

Mr. Lynde reviewed the list of items from 2003 that were recommended to be carried over. Mr. Gaydos provided information/explanations for the items that would remain and those that would be carried over. Mr. Lynde then reviewed the items remaining from the years 2002, 2001, 2000, 1999 and 1998 and the Selectmen decided which items had lapsed or would be carried over.

Petition Warrant Article Vote

Mr. Bergeron said he discussed warrant articles with Mr. Gaydos. He said when the department heads brought forward warrant articles, the Selectmen voted as a board; those articles that didn’t pass, weren’t published, not even the vote. He noted that the warrant articles that passed showed the recommendation of the Selectmen as well as the recommendation of the Budget Committee along with their vote count. He said since the Selectmen decided to vote with regard to petition warrant articles, he asked that consideration be given to showing the Selectmen’s vote count on the ballot.

The Selectmen discussed Mr. Bergeron’s suggestion to include the vote count on the ballot with regard to petition warrant articles. There was no objection to include the vote count with regard to the petition warrant article for traffic signals in the Town Center (which was 2-2-1). Mr. McDevitt did not object to showing the vote count with regard to the traffic signal petition warrant article, but was not in favor of doing it otherwise. Mr. Lynde said when the Selectmen come together and have a discussion; once a final vote is taken the outcome is the position of the Board. Mr. Bergeron asked how a 2-2 vote failed, or favored. Mr. Lynde said when a vote does not have the majority it fails.

It was agreed in the case of the petition warrant article for traffic signals in the Town Center because the vote was equal (2-2-1) the vote count would appear on the ballot.

Coombs Junkyard

After hearing an earlier discussion regarding her property, Ms. Joyce Coombs, Mammoth Road, came to the Selectmen to discuss her property in connection with Town owned land. She said the boundary was still being debated. She said that the deed for the right-of-way stated that the right-of-way is sold for one dollar for the railway; as long as it is being used for the railway there is a fence and gate to be kept up; if use discontinues, it is to revert back to the owners (the Coombs family). Ms. Coombs said for the past forty years there has not been a railway, fence or gate. She reiterated that the conditions of the sale had to be met, or it would revert back to the owners. She said they had been on the land since 1954. She said that she didn’t care what happened in the back of the property. Ms. Coombs said that she hired a surveyor, who placed temporary boundaries (in the same positions she recalled her mother-in-law pointing out). She said when someone from the Town came, the boundaries were moved to just outside her door. Mr. Lynde said a survey was done, which indicated where the bounds were. He said the bounds show that the Town’s property was closer than realized. He said it was fine if the boundary was contested, but in the mean time, the Town had to proceed based upon the surveyed boundaries. Ms. Coombs reviewed the pictures submitted earlier in the meeting by Mr. William Hayes.

Article 38 – Adopt provisions of RSA 41:14-a

Mr. Gaydos read the proposed warrant article aloud ‘To see if the town will adopt the provisions of RSA 41:14-a, which authorizes the selectmen to acquire or sell land, buildings or both, provided that the selectmen first submit the proposed acquisition or sale to the planning board and conservation commission for review and recommendation……….” He noted that a discussion took place to eliminate the word sell; he provided the Selectmen with wording that Attorney Walter Mitchell believed would be acceptable, which omitted all referenced to selling. Mr. Gaydos then read the revised warrant article aloud.

After further discussion, the Selectmen revised the warrant article further to read ‘To see if the town will adopt only the provisions of RSA 41:14-a, which authorizes the selectmen to acquire land by donation, provided that the selectmen first submit the proposed acquisition to the planning board and conservation commission for review and recommendation, and further provided that they first hold two public hearings on the proposal. Then the selectmen may proceed, provided that if 50 or more registered voters petition the selectmen, the acquisition shall not proceed until it is approved by the voters at town meeting.’

Mr. Gaydos was asked to review the suggested amendments with Attorney Mitchell. Mr. McDevitt also requested that Mr. Gaydos also review Article 4 relative to the acquisition of land through the bond so that land purchased would not be restricted. Mr. Gaydos believed that Article 4 was different because Town Meeting was authorizing the purchase of land.

MOTION:	(Bergeron/Derby) To reconsider Article 38 (the adoption of RSA 41:14-a).
VOTE:	(4-0-0) The motion carried.

MOTION:

(McDevitt/Derby) To re-word Article 38 to the following: ‘To see if the town will adopt only the provisions of RSA 41:14-a, which authorizes the selectmen to acquire land by donation, provided that the selectmen first submit the proposed acquisition to the planning board and conservation commission for review and recommendation, and further provided that they first hold two public hearings on the proposal. Then the selectmen may proceed, provided that if 50 or more registered voters petition the selectmen, the acquisition shall not proceed until it is approved by the voters at town meeting

VOTE:

(4-0-0 ) The motion carried.

Article AA

Mr. Lynde asked that the Selectmen reconsider the warrant article submitted for the Cable Department. He said since the time that the article was submitted, $70,000 has been received from Adelphia which will cover the cost to upgrade equipment. He asked that the Selectmen reconsider the warrant article and then withdraw it from submission to the Town.

MOTION:	(McDevitt/Bergeron) To reconsider Article AA.
VOTE:	(3-1-0) The motion carried. Mr. Derby voted no.

Mr. McDevitt said he believed the warrant article should be withdrawn. He said in understanding the grant money being received by Adelphia and the concern regarding the money being placed in front of the taxpayers the warrant article should be withdrawn. He said this was not a one-time request and it could be submitted next year. Mr. Lynde noted that the Cable Department had been funded through a portion of the franchise fee.

MOTION:	(McDevitt/Bergeron) To withdraw Article AA.
VOTE:	(3-1-0) The motion carried. Mr. Derby voted no.

Article 42

Mr. Gaydos said that the state inspected the dam and reported that the dam was not built to specifications. He said the state would be writing a letter to the owner indicating that they wanted the dam to meet the state’s specifications by September 1, 2004, or it would be in violation of the permit. He noted that the warrant article reads that specification compliance was a further condition of acceptance by the Town of the gift.

Mr. McDevitt discussed the wording of the warrant article and felt the last sentence may be confusing. He suggested that the warrant simply state that ‘the Town wouldn’t accept the parcel unless the dam has been approved and certified by the state’. The Selectmen agreed with Mr. McDevitt’s suggested friendly amendment.

Article 45 – Veteran’s tax exemption

Mr. Lynde said that the tax impact should be indicated in the warrant article. He said the tax impact would be twenty-eight cents ($.28). He said per the Assessor, there were 410 veteran exemptions at $100 each, and 6 totally disabled exemptions at $1400 each. With the increase, the Veteran’s exemption would increase from $41,000 to $205,000 and the Disabled exemption would increase from $8400 to $30,000. He said that the total current was $49,400 and would be increased to $235,000 ($185,600 increase) creating a tax impact of $.28.

Mr. McDevitt said the petitioners might consider reducing the amounts to soften the tax impact. He said this article had the highest impact, other than the Operating Budget. Mr. Bergeron believed that veterans had to apply for the exemption and that it was not automatic.

Article 39 – land donation of 131 Bridge Street (ML 29-7-116)

Mr. Lynde noted that he, Mr. McDevitt and Conservation Chairman Bob Yarmo walked the parcel. He said that approximately 60ft-70ft from the frontage was dry. It was believed that the land was not developable, which was the reason it was being donated. It was also noted that if the Town didn’t accept the land at this time, that it may end up being taken later on for non-payment of taxes.

NEW BUSINESS

Town Report – Deadline - Distribution

Mr. Gaydos said that February 9, 2004 was the last day to have the Town Report submitted to the printer. Mr. Lynde said that he had pictures taken that he would like inserted. Mr. Gaydos reminded the Selectmen that the dedication still needed to be done. Mr. Lynde said he would draft a dedication for the Selectmen to review. Mr. Gaydos said that a memo had been written to all Department Heads informing of the deadline.

Mr. McDevitt said that Boy Scout Troop 610 would be very interested in distributing the Town Report. He said they would like to be paid more than what they were two years ago. Mr. Gaydos suggested that Bob Sherman (Troop 610) meet with the Post Office so that the regulations were clear.

Mr. Gaydos suggested an alternate plan, similar to that from last year. He said the problem last year was that the Town Report was not available at more locations, such as convenience stores at each end of Town. He suggested that the warrant article explanations be mailed regardless of how the Town Report was to be distributed. Mr. Lynde said the Selectmen would revisit the issue of distribution. Mr. McDevitt will let Mr. Sherman know he should submit a proposal to the Selectmen.

Municipal Building

Bread Loaf Contractual/Warranty Items

Mr. Lynde said that there were several items that the Town wanted further action taken by either Bread Loaf, or their subcontractors. He said Bread Loaf was down last week addressing some of the issues. He said that the Town was currently holding $140,000 from the final payment; Bread Loaf’s opinion was that the amount was more than what was needed. Mr. McDevitt said that if there were things under the contract that the Town could legitimately hold back (per the provisions), we should. If we can’t legitimately hold money, we shouldn’t. He said one of the big items was the completion of the lawn.

Mr. Lynde believed that Bread Loaf didn’t disagree that there was a problem with the lawn, but disagreed with the cost. Mr. McDevitt said that a ‘back of the envelope’ estimate was approximately $40,000 for all the grass. He said he would feel better if the Town obtained formal estimates. Mr. Lynde believed that Bread Loaf obtained estimates from people in the area. Mr. Gaydos said that Bread Loaf submitted a letter that provided their position regarding the lawn. Mr. Lynde was under the impression that Bread Loaf recognized that the lawn was a problem and they were responsible for correcting it.

Mr. Gaydos said that he reason the money was being held was because it was not a warrantee item. He said the problem was that Bread Loaf believes the lawn could be done for $5000, but the Town’s estimate was $40,000. There was further discussion regarding what would need to be done to the village green as well as the lawn surrounding the building. Mr. Gaydos was asked to obtain a more formal estimate from our contractor for the work to be done. Mr. Bergeron felt the solution was simple, once the promised work is done, payment will be made. Mr. Gaydos noted that no guarantees were made regarding seed establishment and something should be done to loosen the soil. Mr. Derby suggested obtaining a few estimates.

Mr. McDevitt said he would like to further discuss the situation with Mr. Gaydos.

Maintenance Plan

Mr. Gaydos discussed the maintenance plan for all the Town buildings. He said that someone would come in one a year and check air conditioning/heating. He said all the filters and belts have been purchased ahead of time so if anything needed to be changed, it was added to inventory. He said all the new items are on a checklist and came with warrantees. He said a list of items had been identified that will be evaluated and taken care of once the heating season was through.

Sherburne Hall Committee Status

Mr. McDevitt said that the Sherburne Hall Committee intended on coming to the Selectmen with a formal presentation in the near future. He said that the committee had separated into a building committee and a capital committee. He said that State Senator Chuck Morse had been meeting with the committee to help put together a plan to raise funds for Sherburne Hall. Mr. McDevitt wanted people to know that the committee had been quite active and was meeting weekly.

Cable Installation/Use of Sherburne Hall for Meetings

Mr. Lynde said that he met at Sherburne Hall with Mr. McDevitt and Mr. Jim Greenwood (PTV) to see how things could be set up. He said they discussed how quickly meetings could be held. He said Mr. Greenwood preferred to set up the robotic cameras, which would take five to six weeks. He discussed the need to keep the current system at the old Town Hall in tact for a fall-back location for meetings. He said the alternative was to have Mr. Greenwood move the equipment back and forth from Pelham Elementary School to the Municipal Building. Mr. Lynde also informed that if handicap accessibility were an issue, Mr. Greenwood could, as he has done in the past, set up a monitor, camera and microphone in the lobby of the old Town Hall so that those people would be able to participate. Mr. Lynde said that a bid package would be set up for the equipment.

Mr. Bergeron said the reason he was pushing to have meetings in the Municipal Building was because he thought that the proposal was to hold meetings at the new building. He said he was not against the Sherburne Hall Committee for reviewing the possible uses of the hall. He realized that there were no funds to renovate the hall with the proposal chosen. He understood (along with certain people in Town) was that meetings would be held in the space. He didn’t want to wait to have meetings at the new building which was why he suggested an interim solution to holding live meetings at the facility. Mr. McDevitt said some of the hold ups were holding ‘live’ meetings, the need for different equipment, and long negotiations with Adelphia (which was where the money would come from for the new equipment). He believed that everyone had the same goal, to hold meetings at Sherburne Hall as soon as possible. He didn’t feel it was practical to haul the equipment back and forth. Mr. Bergeron felt that direction should be given to set up the hall to hold meetings. Mr. McDevitt suggested having Mr. Greenwood meet with the Selectmen to discuss holding meetings at the hall. Mr. Lynde noted that CTAC would be meeting Wednesday. Mr. Derby noted that a letter had been received from CTAC asking for a public hearing to request funds to acquire equipment for the hall so that meetings could be held within approximately sixty days.

Mr. Bergeron requested that the Selectmen direct Adelphia to add a line into the hall. Mr. Gaydos believed there was more to be done, other than adding a line. He felt Mr. Greenwood could further explain what was needed when he met with the Selectmen. The video technician entered the meeting and informed that Mr. Greenwood phoned in to say that a line had been installed and was set to go live now. Mr. Bergeron said if there was already a line, he believed that cameras could be set up. Mr. Lynde said that CTAC would be meeting and he would report back to the Selectmen.

Muldoon Park tree removal

Mr. Derby asked the Selectmen if he should ask Highway Agent Don Foss to remove some of the shrubs/trees along Mammoth Road to help improve site distance. The Selectmen did not disagree. Mr. Derby said he would contact Mr. Foss.

Cemetery

Mr. McDevitt said a letter had been received from the Cemetery Trustees regarding the land reviewed (off Old Lawrence Road). The letter stated that the land would be too costly to develop due to the removal of ledge and rock. The Trustees asked if there were any other parcels that would be available and acceptable for use. Mr. Derby noted that the cemetery was the only one he knew of that had rows in between the plots. He suggested removing some of the roads to add additional graves.

Mr. Bergeron suggested that the Trustees meet with the Selectmen to discuss the reason the roads were as they were. He asked if there was a way to review Town land through a survey, or a map. Mr. Lynde believed that NRPC had the information. Mr. McDevitt said that he had a personal set of tax maps on which he had recorded all of the Town owned parcels (and their size). He agreed to meeting with the Cemetery Trustees to discuss possible parcels. Mr. Gaydos was asked to send a letter to the Cemetery Trustees letting them know that the Selectmen would like to set up a meeting.

TOWN ADMINISTRATOR’S REPORT/SELECTMEN’S REPORTS

Mr. Gaydos said he would like to start a practice of reading publicly the items contained in the ‘to be signed’ folder. He said the Selectmen sometimes have questions and might not sign something if they knew other Selectmen had similar questions. There was a brief discussion and the Selectmen agreed to the public review of the items to be signed and if it didn’t work, it would be discontinued. Mr. Gaydos went on to review the items in the folder, there were no questions.

Mr. Bergeron informed that he attended his first meeting of the Pelham Joint Safety Committee Meetings on Wednesday, January 14, 2004. A presentation was given that provided an overview of Workman’s Compensation. He said the meeting was good and believed that the Town could benefit from the information provided.

Mr. McDevitt said there had been a previous discussion regarding the formation of a naming committee to come up with a naming policy. He said that there were two people (who had never served on Town on an official capacity) that were interested. He mentioned to members of the public that they should come forward if they were interested in joining the committee. Mr. McDevitt then discussed the tree fund for the village green and said that the plaques would be delayed until the grass situation was taken care of. He noted that there were still people inquiring about the trees.

Mr. Derby said that the Budget Committee was winding down except for the deliberative session.

Mr. Lynde discussed the code book that he and Mr. McDevitt had worked on. He said they had reviewed the comments and certain items required legal advice. A list was created that outlined the proposed changes for Selectmen review. Other items would require Town Meeting approval, which would add an additional ten to twenty warrant articles. Mr. Lynde said it was not certain that the items needed Town Meeting approval. He requested permission to meet with Town Counsel to review the items in question. The Selectmen discussed the possibility of holding a special town meeting to address the items. The Selectmen had no problem with Mr. Lynde meeting with Town Counsel; there will be a further discussion once the initial proposed changes had been reviewed.

REQUEST FOR NON-PUBLIC SESSION

MOTION:	(Derby/Bergeron) Request for a non-public session per RSA 91-A:3,II,a (Personnel)
ROLL CALL:	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 10:00 pm. Also present was Mr. Gaydos.

The Board returned to public session at approximately 10:50 pm.

MOTION:	(McDevitt/Bergeron) To seal the minutes of the non-public session indefinitely.
VOTE:	(4-0-0) The motion

ADJOURNMENT

MOTION:	(McDevitt/Bergeron) To adjourn the meeting.
VOTE:	(4-0-0) The motion carried.

The meeting was adjourned at approximately 10:50pm.

Respectfully submitted,

Charity A. L. Willis

Recording Secretary