BOS Minutes 03-23-2004

APPROVED

TOWN OF PELHAM

BOARD OF SE= LECTMEN MEETING

MINUTES

March 23, 2004

APPROVED – April 6, 2004

CALL TO ORDER

PLEDGE OF ALLEGIANCE

PRESENT:

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

Also present:

ABSENT:

Mr. Tom Gaydos, Town Administrator, members of the p= ress and general public.

None.

&nbs= p;

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

MINUTES RE= VIEW

March 3, 2004

MOTION:<= o:p>

To approve the March 3, 2004 meeting minutes as amended.

VOTE:

(4 - 0 - 1) The motion c= arried. Mr. Derby abstained.

<= /u>

The amendments to the meeting were as follows: page 2 – the sentence reading ‘He asked that during construction the entrance be blocked off in the event of bad weather conditions so no one was injured.’ Shall be amended to read ‘He asked that the entrance = be blocked off in the event of bad weather conditions so no one is injured.’; page 6 & 7 the ending votes were made by Mr. McDevitt = and seconded by Mr. Bergeron to seal the minutes and adjourn, the Selectmen ent= ered back into public session and adjourned the meeting at approximately 9:15pm.=

OPEN FORUM=

Ms. Linda Stecchi, resident, was grieved that Article = 44 (Town Center traffic signalization) was not passed.&nbs= p; She discussed the dangers of the intersection and the fact that she = was nearly in a collision at the location.&nbs= p; She felt the value of life was worth more than the beauty of the cen= ter of Town. Ms. Stecchi implored= the Selectmen to reconsider, and install a traffic light in the Town Center.

APPOINTMEN= T(S)

PUBLIC HEA= RING – To receive public comment on a proposed expenditure of the PTV Cable Equipment Grant

Mr. Lynde explained when the contract was signed by Adelphia, a grant was received for equipment, in the amount of $70,000. He said the intent was before mone= y was spent that a public hearing would be held and it would be up to the Selectm= en to approve the expenditures. =

Mr. Jim Greenwood explained that there were a couple projects to move forward with. One was to move to meetings to the Municipal Building, the other= was to upgrade some of the current equipment.&= nbsp; He said the list of equipment presented at a previous meeting totaled $19,613.98.

Mr. Bergeron wanted to know, once approved, if the turn-around time for purchasing equipment would still be two weeks, as disc= ussed at a previous meeting. Mr. Greenwood said the intent would be to hold the next Planning Board meeting (April 5, 2004) at the new building, the worst case would be April 12, 2004.= He said most of the equipment was = in stock at Great Northern Video.

Mr. Danevich believed that there would be additional operational items to coordinate with Mr. Gaydos. Mr. Lynde said interim and long-te= rm plans should be created. Mr. Danevich noted due to abutter notification requirements of the Planning Boa= rd and Board of Adjustment, two clear weeks would be needed. Mr. Gaydos said the Town Hall buil= ding had begun to be cleaned out. = He said he would like to meet with Mr. Greenwood and come back next week to pr= ovide the Selectmen with a target date.

There was no public input.

Mr. Lynde asked if the equipment should be bid out. Mr. Greenwood didn’t feel th= e list of items needed to be bid out since they were individual items.

After further discussion it was understood that there = was no firm moving date, but equipment would be moved on, or around April 5^th=; meetings would begin to run from the Municipal Building approximat= ely mid to late April, 2004 as long as nothing went wrong.

MOTION:=

(Danevich/Bergeron) To authorize to expend the grant= of $19,368 out of the $70,000 grant.

VOTE:

(5-0-0) The motion carried.

NON-PUBLIC= SESSION – Hiring of Part-time dispatcher- Postponed until next scheduled meet= ing.

Bob Blinn = – Pelham Little League – Softball Field Fence – Little League Agreement

Mr. Bob Blinn met with the Selectmen to request permis= sion to fence in the Girls Softball Field. He said there would be no cost to the Town. Mr. Lynde noted that the agreement= with the field didn’t preclude a fence being installed. Mr. Blinn said the fence would be regulation; four feet high with an eight foot gate for maintenance and emergency access. He noted th= at Tennessee Gas would also be notified that a fence would be installed.

MOTION:=

(Danevich/McDevitt) To authorize Pelham Little Leagu= e to install a fence at the Girls Softball Field at Muldoon Park.

VOTE:

(5-0-0) The motion carried.

Mr. Blinn noted that there had been some vandalism to = the third base dugout on the Major League Field. He said someone threw blocks throu= gh the roof. He said the roof would = be torn off and plywood would be put back on.=

Mr. Bergeron asked if there were blocks around the area. Mr. Blinn said the holes might have been made by rocks. He said the rocks may have been dragged from the woods. Mr. Lynde noted that there were not typically large rocks sitting near the field.

Mr. Blinn ended by providing the Selectmen with the agreement (and service agreement) with the lighting company. Mr. Danevich suggested that = the paperwork be stored in the Planning Department so that all information was = kept in one place. He said a copy = could be kept in the Selectmen’s office for cross reference. It was noted if Park & Recreat= ion wanted any information, they generally asked the planning office.

Mr. Lynde asked if the Little League agreement needed = to be addressed. Mr. Gaydos said th= at the agreement was not yet complete. He said a copy would be provided to the Selectmen prior to any discussion.

Andy Vanti= – Plans to Extend Snack Shack/Storage Building at Muldoon<= /p>

Mr. Andy Vanti met with the Selectmen and informed tha= t the plans to extend the snack shack would be postponed based upon a meeting he = had with the Building Inspector and Health Officer. He said the original design had to= be altered because the septic tank and leach field were not in the proper spot. He said the goal was to= make the building into an ‘L’ shape; parking won’t be affected; the access road around the building won’t be affected. It was noted that the building pla= ns would need Selectmen review. &n= bsp;

NON-PUBLIC SESSION- Re: Land Acquisition - The Selectmen entered into the non-public session later in the meeting.&n= bsp; See below for motion. =

OLD BUSINE= SS

Park &= Recreation Director Hiring Process

Mr. Lynde said that the Selectmen and a representative= from the Park & Recreation Advisory Board met with five candidates for Park & Recreation Director. The interview process would continue this Saturday. The Selectmen were hopeful that a = suitable candidate would be decided upon.

Review Town Meeting Results – Plan of Action for Each

Mr. Lynde led the Selectmen through a review of the To= wn Meeting results. The Selectmen discussed the following articles:

Article 6 – To raise and appropriate $535,000 pl= us $7000 (interest and associated costs) for revaluing all property assessment= s in the Town - 3/5 vote required – warrant article failed: Mr. Lynde said the options were now to eith= er raise the funds in one year, or try to bond the amount once again taking the chance that it would fail at which point the state would step in and perform the revaluation thereby sending the Town a bill for services. Mr. Gaydos noted that the prices w= ere rising based upon the compressed amount of time to complete the work. He said one question was if a spec= ial Town meeting should be held. = Mr. Lynde said one possibility would be during the state primary. A non-money item would require sta= te approval. Mr. Lynde asked wha= t the penalty would be, and if there was any relief if the revaluation was not do= ne on time. Mr. Gaydos was not a= ware of the state providing relief. A question was raised if the money should be appropriated. Mr. Lynde explained that the reaso= n a warrant article was not placed on last year’s ballot because the state was going to review if the Town could perform the revaluation a different (= less expensive) way based upon the data; the state came back after Town meeting (2003) and informed that the alternate revaluation (which would minimize the cost) could not be done.

Article 7 – To raise and appropriate $495,000 for reconstructing Campbell, Gaston, Methuen and Andover Streets – 3/5 vo= te required – warrant article passed - Mr. Gaydos said that bond council approval was needed before a bid package could be put out for engineering.<= span style=3D'mso-spacerun:yes'>

Article 8 – To raise and appropriate $35,000 for reconstructing Spring Street Extension – 3/5 vote required – warrant article passed - Mr. = Gaydos said that bond council approval was needed. The approval to borrow the $200,000 previously raised also needed bond council approval.

Article 12 – Collective Bargaining Agreement AFS= CME Local 1801 Pelham Support Staff (2004/$85,376; 2005/$127,847; 2006/$137,395) – warrant article failed - Mr. Gaydos said he would be asking the Selectmen during non-public session if there was anything they wanted changed.

Article 21 – To raise and appropriate $19,450 for studying the needs and feasibility of constructing fire stations and develop conceptual plans/cost estimates for construction – warrant article fa= iled – Mr. Danevich said the Fire Chief understood the need to have professional help creating a plan of action. He said the Fire Chief would be me= eting with the Selectmen in the near future and suggested that he address this situation.

Article 27 – To raise and appropriate $78,800 to purchase a new 4x4 backhoe for the Highway Department – warrant artic= le failed – The warrant article failing creates a problem for the Highway Department. Mr. Gaydos said t= he current backhoe was dangerous. He said the Highway Road Agent would be presenting three cost proposals: 1) wh= at happens if the Highway Department doesn’t have a backhoe; 2) have work done on existing backhoe; 3) rent a backhoe as needed. The Selectmen would like to review= the options.

Article 29 – To change purpose of existing Libra= ry Renovation-ADA Fund (present value $24,724) – 2/3 majority voted requ= ired – warrant article failed – There was a brief discussion regardi= ng how to present the warrant article next year.

Mr. Lynde continued the review of the warrant articles= .

Article 44 – To raise and appropriate $100,000 f= or the installation of signalized traffic signals in the Town Center – submitted by petition – warrant article failed – Mr. McDevitt noted that the Town submitted the project to be included in the 10-year transportation plan. = The Governor’s version of the 10-year plan differed from that submitted by the Governor’s Advisory Council, in that certain projects had been dropped (approximately ten) to meet the strict test of fiscal constraint. Mr. Lynde noted that GACIT version= of the plan had brought the dropped projects back into the study, with the exception of the Pelham Town Center project. He said the amount l= isted was $255,000, which matched the approximate amount provided in the GEOD stu= dy. Mr. Gaydos said the more documenta= tion compiled would provide additional credibility so that the project could be included on the list. Mr. Ber= geron questioned the amount provided in the study versus the amount included in t= he Urban Development Fund $160,000 (as of October 6, 2003).&n= bsp; Mr. Lynde said the cost estimate of the project was $255,000 and the amount available that the Town could claim was $160,000.

Miscellane= ous

It was noted that the following Town boards/committees/commissions had openings: Board of Adjustment – two regular member positions plus alternates; CTAC – two regular member positions plus alternates; Conservation Commission – four regular mem= ber positions plus alternates; Planning Board – two regular member positi= ons plus alternates; Park & Recreation Advisory – three terms expiring – no limit on the number of people that could join. Anyone interested in the open posi= tions should submit their application to the Selectmen’s office, or via e-mail.

NEW BUSINE= SS

Election of Chairman and Vice Chairman

Mr. Danevich nominated Mr. McDevitt for Chairman. Mr. Lynde handed the gavel to Mr. McDevitt; Mr. Lynde seconded the nomination. There were no other nominations for Chairman.

MOTION:=

(Danevich/Lynde) To nominate Mr. McDevitt as Chairma= n.

VOTE:

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

Mr. Lynde nominated Mr. Derby for Vice Chairman. Mr. Bergeron seconded the nomination.

MOTION:=

(Lynde/Bergeron) To nominate Mr. Derby as Vice Chair= man.

VOTE:

(2-2-1) The motion failed. Mr. McDe= vitt and Mr. Danevich voted no. = Mr. Derby abstained.

Mr. McDevitt handed Mr. Lynde the gavel and nominated = Mr. Danevich as Vice Chairman. Mr. Derby seconded the nomination.

MOTION:=

(McDevitt/Derby) To nominate Mr. Danevich as Vice Chairman.

VOTE:

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

Mr. Lynde returned the gavel to Mr. McDevitt, the newly elected Chairman, who from this point on conducted the meeting.

Internet P= olicy Review for Pelhamweb.com

Mr. Danevich circulated a copy of the Internet Policy = for Pelhamweb.com to the Selectmen for input and review. He then reviewed the document and reiterated that Pelhamweb.com had been adopted (at a previous Selectmen meeting) as the official Town of Pelham website and would carry the Town Seal; transitional links from .com will be provided through April, 2005. It was noted that the Selectmen were responsible for the content of Pelhamweb.= com and could designate a webmaster to oversee the site. Mr. Danevich discussed Pelhamweb.o= rg, which will be operated as a private entity, not associated with any official Town of Pelham business. He continued review= of what is and is not allowed in connection with Pelhamweb.org. He said FCC regulations would be a= dhered to with the websites.

Mr. Bergeron questioned the webmaster’s role in connection with Pelhamweb.org. Mr. Danevich said in connection with Pelhamweb.org, the webmaster was a private individual. Mr. Bergeron aske= d if the webmaster’s name should be included in the policy in connection w= ith Pelhamweb.com. Mr. Danevich s= aid generally a webmaster’s identity was not known. He said he would make the recommen= dation to the person now maintaining the website.= Mr. Lynde noted that Pelhamweb.org was not an official Town of Pelham website an= d would be run by a webmaster, which reserved all rights to run the site as he saw fit. Mr. Danevich said he was= only requesting Selectmen comment regarding Pelhamweb.com. He said the information provided f= or Pelhamweb.org was informational only.

Mr. Danevich ended by asking that the Selectmen review= the information and provide additional comment so the policy could then be post= ed on the website.

Miscellane= ous

Mr. Lynde said a complaint had been received by a resi= dent regarding the plowing on S= herburne Road. It was understood that Sherburne Road was maintained by the state. Mr. Gaydos was asked to respond to= the resident and inform them of the status.

It was noted that the Poetry Contest sponsored by FLIP= was in need of additional donations. Anyone interested in making a donation should contact the Pelham Library.

TOWN ADMINISTRATOR’S/SELECTMEN’S REPORTS

Mr. Gaydos said there had been a previous discussion a= bout selling a surplus police car. He said a bid had been received and wanted to know if the Selectmen wanted to continue the process of advertising, or if the bid should be awarded. The Selectmen felt the bid should = be awarded. Mr. Gaydos said he w= ould disclose the amount at a later meeting.&nb= sp;

Mr. Gaydos said in the past, the Selectmen had authori= zed the Fire Chief to work with NRPC to confirm and document a hazardous materi= al mitigation plan; the NRPC would like to meet with the Selectmen April 20, 2004 – they w= ill handle the notification process. Mr. Danevich asked that the Fire Chief also discuss the fire stations at that meeting. Mr. Gaydos said that= the Park & Recreation Advisory Board had met and outlined proposed increases for the summer program. He as= ked that the Selectmen discuss at an upcoming meeting. Mr. Danevich noted that the increa= ses would get the summer program 1/3 of the way to zero funding.

Mr. Gaydos then asked that the Selectmen discuss at an upcoming meeting, the concept of closing Tallant Bridge during construction. He said = the closure would decrease costs for construction. He said he would provide time and cost differences. He said= he would also have the Police Chief discuss the issue.

Mr. Danevich asked that the hiring process for the cle= rk position at be discussed. Mr. Gaydos said he was currently working with the Town Clerk/Tax Collector and comparing notes. The same pro= cess would be used for interviews as was used for interviewing the Park & Recreation Director. He said = he wanted the Department Head as involved as possible. Mr. Danevich discussed the ways in= which personnel was hired and asked that an operating procedure be discussed and documented for consistency. M= r. Danevich asked what the next step was in regard to the Men’s Softball League. Mr. Gaydos said that = the Men’s Softball League representatives had met with the Police Chief a= nd a recommendation would be made next week about approving the agreement with t= he understanding that if some of the problems reoccur, the program would possi= bly be shut down this year and would weigh heavily in the decision for the Town= to take over the program next year. Mr. Danevich ended by publicly thanking the Pelham/Windham News for printing a correction of a misquote in connection with the VFW.

Mr. Bergeron congratulated Mr. Lynde for his re-electi= on to the Board. He also thanked the voters for re-electing him to the Board and said he was honored to continue= to serve on the Board. He went o= n to report about the NRPC meeting that he attended with Mr. Leo Thibeault on March 17, 2004.= He said there were two action item= s they were being asked to participate in: 1) hiring Stephen Williams as NRPC Executive Director (the vote was unanimous); 2) consider taking a position regarding a circumferential highway (due to the Nashua representative being absent the = vote was deferred until a Nashua representative could be present). Mr. Bergeron asked that Mr. Williams be scheduled to meet with the Selectmen in the near future. He was directed by the Selectmen to discuss the agenda schedule with Mr. Gaydos and set a date. Mr. Bergeron = ended by saying it was brought to his attention that certain information containe= d in the school section of the Town Report was incorrect and certain additional information was not included. Mr. Bergeron should discuss with Mr. Gaydos if the information was inadvertently dropped, or if it was not provided.

Mr. Lynde said that the Planning Board met and discuss= ed their goals and objectives. He noted that indoor soccer had begun.

Mr. Derby had no report, but wanted to note if the Tallant Road Bridge were closed during construction it would increase traffic to the Town Center. Mr. McDevitt suggested that a peri= od of public comment be held to discuss the issue.

Mr. McDevitt extended appreciation to the Police Depar= tment for the tremendous amount of work done during Officer Lyon’s funeral.

REQUEST FOR NON-PUBLIC SESSION

MOTION:=

(Lynde/Danevich) Request for a non-public session pe= r RSA 91-A:3,II, a & d (Personnel; Consideration of acquisition, sale or le= ase of property)

ROLL CALL:<= /b>

Mr. McDevitt-Yes; Mr. Danevich-Yes; Mr. Lynde-Yes; M= r. Bergeron-Yes; Mr. Derby-Yes

Mr. McDevitt noted that when the Board returned, after= the non-public session, the Board would not take any other action publicly, exc= ept 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:= 20 pm. Also present was Mr. Gaydos. (For one of the discussions under = RSA 91-A:3,II,d member of the Conservation Commission and public were present.)

The Board returned to public session at approximately = 9:45 pm.

MOTION:=

(Lynde/Bergeron) To seal the minutes of the non-publ= ic session indefinitely.

VOTE:

(5-0-0) The motion carried.

ADJOURNMEN= T

MOTION:<= o:p>

(Lynde/Bergeron) To adjourn the meeting.

VOTE:

(5-0-0) The motion carri= ed.

The meeting was adjourned at approximately 9:45 pm.

&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; Respe= ctfully submitted,

&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; Chari= ty A. L. Willis

&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; Recor= ding Secretary