SEL20090127

APPROVED

TOWN OF PELHAM

BOARD OF SE= LECTMEN MEETING

MINUTES

January 27, 2009

APPROVED &#= 8211; February 10, 2009

CALL TO ORDER – 6:30pm

PLEDGE OF ALLEGIANCE

PRESENT:

Mr. Douglas Viger, Mr. = Robert Haverty, Mr. William McDevitt, Mr. Harold Lynde, Town Administrator Tom Gaydos

Also present:

ABSENT:

Members of the press and general public.

Mr. Victor Danevich

MINUTES REVIEW

January= 6, 2009

MOTION:

(Haverty/McDev= itt) To approve the Jan= uary 6, 2009 Selectmen meeting minutes as amended.

VOTE:

(4-0-0) The mo= tion carried.

January= 13, 2009 – deferred until en= ding times and motions are inserted. (Mr. Gaydos provided the information later in the meeting – the meeting was adjourned at 9:= 50pm with Haverty/Lynde making the motions.)&nb= sp;

APPOINTMENTS

6:36pm

Public Hearing to Accept Ice Rink Donations

Mr. Viger opened the publ= ic hearing. The Selectmen then interrupted the public hearing for Open Forum.

OPEN FORUM

Mr. Rich Lannon, McGrath Road came forward to discuss the herbicide treatment of Long Pond. He stated that the treatment had b= een done for approximately fourteen years, but the New Hampshire permitting process had n= ot been done since 1997. He note= d that the Park & Recreation budget contained $1500 for the treatment. Mr. Lannon explained the permitting process and told the Selectmen that the Town of Pelham was the applicant and would need= to sign the application. He told= the Selectmen that 100% of the application and process costs and work would be funded by the Long Pond Clean Water Committee. Because the treatment had to be do= ne between the second/third week of May, the application would need to be submitted as soon as possible because it took approximately 90-120 days to process. He asked the Selectm= en if they would give the Town Administrator the authorization to sign the application, just as they had twelve years ago.

Mr. Gaydos questioned if = $1500 would be enough for the treatment on the New Hampshire side. Mr. Lannon discussed the pro= cess costs and how they had changed from year to year. He stated that the residents along= the water front contributed to the treatment costs. He said they wouldn’t be com= ing back to request additional funds. Mr. Gaydos said if they were going to get the permit, he wanted to ensure that they had a good application and good assessment. He suggested having Mr. Lannon wor= k with Park & Recreation Director Brian Johnson so the application could be submitted as quickly as possible.

MOTION:

(Lynde/Haverty= ) To authorize the Town Administrator, or his representative, to sign the application to the state for the treatment of Long Pond.

VOTE:

(4-0-0) The mo= tion carried.

Mr. Lannon was asked to w= ork with Park & Recreation Director Brian Johnson regarding the application as w= ell as coordinate efforts with Mr. Gaydos.&nbs= p;

6:47pm

Public Hearing to Accept Ice Rink Donations Con’t…

Mr. Viger read the notice= for Public Hearing aloud. He read= aloud a letter dated January 27, 2009 that outlined the items being donated. *see attached for a copy of the letter. At this time the publ= ic hearing was to accept the donation of $3,514.50 for the ice rink and miscellaneous supplies.

Mr. Lynde said since the = list of people who made donations was submitted, there was no reason to suspect a conflict of interest.

There was no public input= .

MOTION:

(Haverty/McDev= itt) To accept $3514.50 as a donation to the Town for a public ice rink.

VOTE:

(4-0-0) The mo= tion carried.

The volunteers were thank= ed for their abundant work. A special thank you went to Chris Mader for his hard work.

Mr. Lynde understood that= the shed would remain in the ownership of the volunteer group and questioned if= it was portable. Mr. Viger said = the shed was on blocks and was portable.

Mr. Viger closed the publ= ic hearing.

6:54pm

Review of Application for Volunteer Position – Cemetery Trustee – Nathan Boutwell

The Selectmen reviewed Mr= . Nathan Boutwell’s application for Cemetery Trustee. Mr. Viger confirmed that the appoi= ntment would fill the position of a person who resigned. Board of Cemetery Trustees Chairma= n, Richard Jensen stated that was correct.&nb= sp; He stated that Mr. Boutwell would be appointed for two months and th= en run for re-election in March.

MOTION:

(Viger/Haverty= ) To appoint Mr. Nathan Boutwell to the remaining 2008 term (of the Cemetery Trustees) that had become vacant. The term will expire one week after Town Meeting (held March 10, 2009).

VOTE:

(4-0-0) The mo= tion carried.

6:58pm

Eagle Project – Thomas Gray

Boy Scout Thomas Gray met= with the Selectmen to discuss his proposed Eagle Scout Project. He stated that he would be replaci= ng the Fire Hazard sign in front of the Fire Station. The design would be changed from t= he use of sign inserts to a circle dial indicator which would be easier to read. S= cout Gray provided a packet of information that included the proposal, the proje= ct details, a material list, a time schedule, an artist rendition of the propo= sed sign. The sign would be dedic= ated to Firefighter Howard Mastropiero who passed away in 2008 and was a good fr= iend to Scout Gray and his family. The project would be funded entirely by Scout Gray through fundraising efforts.

Mr. McDevitt asked if the= sign would be portable in the event it had to be moved at some point. Scout Gray stated that the foundat= ion of the sign would be three 4in.x4in. posts imbedded in the ground with cement;= the sign would be held to the posts with carriage bolts so it could be easily moved.

Mr. Haverty confirmed tha= t Scout Gray had worked with the Fire Department.&= nbsp; Scout Gray stated that he had worked with Lieutenant Jack Tirrell, w= ho had built the existing sign. = He said he had full approval from the Fire Department for the project.

Mr. Viger asked for the t= imeframe of the project. Scout Gray st= ated that the project had to be done by his eighteenth birthday, February 20, 2009.

MOTION:

(Lynde/Haverty= ) To authorize the replacement of the Fire Hazard sign by Boy Scout Thomas Gra= y.

VOTE:

(4-0-0) The mo= tion carried.

Fire Chief Resignation – Interim Chief Discussion

Mr. Viger read aloud the resignation letter of Fire Chief Michael Walker that was received January 22, 2009. The letter indicated that Chief Wa= lker would resign his position as Fire Chief effective 08:30 on February 2, 2009. Mr. Viger stated that Chief Walker had been on vacation for the past week and planned= on being on vacation through the current week which would put his effective resignation date the day he was supposed to return from vacation; prior to going on vacation Chief Walker appointed Lieutenant James Midgley as the interim Chief. He said the Selectmen should discuss how they would proceed.

The Selectmen discussed h= ow they would proceed. It was suggest= ed to have a non-public discussion since the Board would not have a meeting prior= to the Chief’s effective resignation date. Mr. Gaydos indicated that the Fire Chiefs in the surrounding communities had offered their help in any way the Town needed.

MOTION:

(Haverty/McDev= itt) To accept, with regret, the resignation of Fire Chief Michael Walker effecti= ve February 2, 2009 at 08:30 hours.

VOTE:

(4-0-0) The mo= tion carried.

Mr. Haverty wished the Fi= re Chief well in his new endeavor.

Mr. McDevitt said the Sel= ectmen should have a discussion publicly as to the process and if they then wanted= to discuss ‘who’ it would be appropriate for non-public. Mr. Lynde discussed the process ta= ken when hiring Chief Walker and felt it would be a good template for the proce= ss this time as well. Mr. Haverty suggested that the Selectmen and the board of fire chiefs review the job description prior to posting the position.=

Mr. Gaydos reviewed the c= alendar and suggested closing acceptance of applications on March 13, 2009 and setting some interv= iews for March 20, 2009 and hire a new chief somewhere before April 3, 2009. The Selectmen discussed the timeline further and how they would hand= le appointing an interim chief. = It was noted that there wouldn’t be any overlap time with Chief Walker and someone being appointed. Mr. = Gaydos told the Selectmen that Lt. Midgley was doing a great job in terms of organizing, keeping the schedules flowing and making sure the equipment was taken care of. Mr. Viger ques= tioned if a two week notice was required. Mr. Gaydos provided the language from the current contract regarding= giving notice. The Selectmen did not= wish to enforce the notice rule in the contract, and wished the Chief well.

Mr. McDevitt suggested ha= ving Lt. Midgley continue as interim Chief until February 10, 2009.&= nbsp; Mr. Haverty questioned if the Town needed to have a Fire Chief. Mr. Gaydos said someone had to wea= r the hat when communicating to other towns.&nbs= p; He said it would be important for whoever was appointed to let other chiefs know that they had the support of the Selectmen. He suggested calling the position ‘acting Chief’. <= /p>

The Selectmen decided to = convene in non-public to discuss individual issues after they addressed the other i= tems on the agenda. They agreed on= the following timeline: February 2 – 10, 2009= appointment of interim Chief; February 10, 2009 appointment of acting Chief; March 13, 2009 –deadline for applications; Ap= ril 30, 2009 target hire date of Fire Chief.

OTHER BUSINESS

7:42pm

Highway Bid Awards

The Selectmen were provid= ed with a list of the Highway Bid Awards and Highway Road Agent Don Foss’ recommendations. Mr. Gaydos s= aid if the Selectmen adopted the recommendations the bid awards would be posted on= the Town website for the public. =

MOTION:

(Haverty/McDev= itt) To accept the recommendations of Highway Road Agent Don Foss for highway road bids for the Highway Department budget year 2009.

VOTE:

(4-0-0) The mo= tion carried.

7:44pm

Town Report, Voter’s Guide & Reply Card Bid Award=

Mr. Gaydos provided the S= electmen with information about the Town Report bid awards because the Town would be using a different process than in the past. The new process would save the Town money. The Executive Secretary Marie Maruca has laid out a plan to get information to residents about the = new process for obtaining a Town Report.

MOTION:

(Haverty/McDev= itt) To award the contract to Case Printing Inc. to print the Town Report at $4550 and to print the Voter’s Guide which is quoted at either $835 for sixteen pages or $1125 for twenty pages and an additional $675 for reply cards.

VOTE:

(4-0-0) The mo= tion carried.

7:46pm

TOWN ADMINISTRATOR’S REPORT /= SELECTMEN REPORTS

Mr. McDevitt said a quest= ion had come up relative to the construction of a fire station. He said the question was if the fi= re station being presented by petition warrant article was voted down would the no-means-no law then prohibit the Town from accepting any federal funds that might come from Washington to build a fire station. He s= aid there were parts of the law that had never been tested, but the opinion of = the New Hampshire Local Government Center was that the= Town should keep careful record of the minutes of Town Meeting. Since the Town didn’t had old fashion town meetings any more and it was unknown if the voters objected to spending money, or having a new fire station; Counsel’s recommendation was that an article be put on the warrant to clarify that the Town could ac= cept stimulant money from Washington if it became available and move ahead with a fire station even if it had been voted no by the voters. The voters could weigh in because = they would be able to vote on the article placed on the warrant. Mr. Gaydos said the warrant had be= en posted on Monday. Mr. Lynde questioned if the Town could have a special town meeting if the money recei= ved (from the government) only covered half the cost. Mr. Gaydos said the Town could dis= cuss it further if funds were received. <= /span>

Mr. Lynde asked if the wa= rrant that was posted picked up the articles for Raymond and Muldoon. Mr. Gaydos said Muldoon wasn’= ;t necessary because the Selectmen were already agents to expend. He said the Raymond Park article didn’t get on because the Budget Committee didn’t vote on it. He said he spoke to Park & Recreation Director Brian Johnson who indicated he had money to cover it; t= here would be more projects in the coming years that the money could be used on. Mr. Lynde said the Select= men voted to put the warrant on the ballot.&nb= sp; He questioned how it got missed.&nb= sp; Mr. Gaydos stated that the warrants were circulated and it was one t= hat got missed. There was discuss= ed as to when the Selectmen voted on the article; the meeting minutes were reviewed. The article pertain= ing to Raymond Park was voted on during the January 6, 2009 Selectmen meeting.

Mr. Lynde reported that t= he Forestry Committee had met and they were in the process of putting together= a long-range plan for the management of the Town Forest. They were also creating a budget o= f what would be needed to pay for the management plans and what was needed to cover maintenance costs. Mr. Lynde = asked if the information on the fire station had been communicated to Senator Shaheen. Mr. Gaydos said Congressman Hodes was taking the initiative.

Mr. Haverty stated that P= lanning Director Jeff Gowan sent an e-mail (dated January 15, 2009) to the Selectmen indicating that the State Department of Transportation (‘DOT’) contacted him and was seeking direction regarding the Town Center project.<= span style=3D'mso-spacerun:yes'> Mr. Gowan requested that the Selec= tmen draft a letter to the DOT indicating that they didn’t support placing= a fire station on the warrant this year and recommend dual roundabout Option B with the caveat if a fire station article was passed at either the 2009 mee= ting (by petition) or 2010, the Town could go back to dual roundabout Option A.<= span style=3D'mso-spacerun:yes'> The Selectmen discussed Mr. Gowan&= #8217;s e-mail. Mr. Haverty said the = Town could request another year from the state.=

Mr. Lynde said he dislike= d Option B and the fire station where it was located, however, he was concerned about losing the money (from the state). <= /span>He wasn’t confident that the Board would place it on the ballot for next year.

Mr. Haverty had the same = hesitations, and questioned what type of argument the Selectmen could mount to the voter= s for a new station if they spent money renovating the existing station.

Mr. Gaydos suggested that= he and Mr. Gowan meet with the DOT and discuss the Town’s situation and the economy to get a better feel for their attitude. He also suggested contacting the Governor’s Council to see what their attitude was and where they were= in the funding cycle. Mr. McDevi= tt felt Mr. Gaydos’ suggestion was a good idea.

Mr. Lynde felt it would strengthen the Town’s case if they were to send a letter because there were two projects tied together (the fire station and the road project) that would put people to work. If = the Town went through the process to build the traffic solution, he felt it wou= ld be more salable. Mr. Gaydos s= aid he would like to meet with the DOT to get their input then compose a letter. Mr. Haverty felt asking the questi= on before a response was provided would be a good idea. The Selectmen agreed that Mr. Gayd= os should have a meeting with Mr. Gowan and the DOT prior to submitting a resp= onse in writing.

Mr. Gaydos said that Cong= ressman Hodes would like to have a meeting in Concord with municipalities and state representatives. Congressman Hodes had discussed the overall plan for the stimulus package that had not yet been voted on. Mr. Gaydos provided the Selectmen = with a summary of the plan as provided by Congressman Hodes. They were looking to have a final package put together for a vote in Washington on February 13, = 2009. He said the Town should get the Senior Center and Fire Station projects in front of Rural Development because that’s where the funding would come for those.&nb= sp; There was further discussion regarding the stimulus package and how = the funds would be provided to the state.

REQUEST FOR NON-PUBLIC SESSION

MOTION:

(McDevitt/Lynd= e) Request for a non-public session per RSA 91-A:3,II, a (personnel)

ROLL CALL:

Mr. Viger-Yes;= Mr. Haverty-Yes; Mr. McDevitt-Yes; Mr. Lynde-Yes

It was noted tha= t when the Board returned, after the non-public session, there would be further ac= tion taken. Mr. Viger anticipated = two motions during the non-public session, one to potentially seal the minutes = of the non-public session and the other to adjourn the non-public session. The Board then entered into a non-= public session at approximately 8:= 20 pm. Also present was Mr. Gaydos.

The Board returned to public session at approximately 8:55 pm.

MOTION:

(Haverty/Lynde= ) To appoint Lieutenant James Midgley as the interim Fire Chief through February 10, 2009.

VOTE:

(4-0-0) The mo= tion carried.

It was the inten= t of the Selectmen to have further discussion on February 10, 2009 and determine where to proceed from there.

ADJOURNMENT

MOTION:

(Lynde/McDevit= t) To adjourn the meeting.

VOTE:

(4-0-0) The motion carried.

The meeting was adjourned at approximately 8:56 pm.

= &nb= sp; = &nb= sp; = &nb= sp; = Respectfully submitted,

= &nb= sp; = &nb= sp; = &nb= sp; = Charity A. L. Willis

= &nb= sp; = &nb= sp; = &nb= sp; = Recording Secretary