SEL20111025

APPROVED

TOWN OF PELHAM

BOARD OF SE= LECTMEN MEETING

MINUTES

October 25, 2011

APPROVED &#= 8211; November 8, 2011

CALL TO ORDER – approximately 6:30pm

PRESENT:

ABSENT:

Mr. Edmund Gleason, Mr.= Robert Haverty, Mr. William McDevi= tt, Mr. Hal Lynde,

Mr. Doug Viger (arrived= after the meeting commenced) Town Administrator Tom Gaydos

None

PLEDGE OF ALLEGIANCE

OPEN FORUM

Mr. Paul McDonough, 29 Mammoth Road, discussed an article he read in the newspaper regarding the Transfer Station and a problem with bees. He discussed the positive aspects of the facility and those who tended to it.<= span style=3D'mso-spacerun:yes'> He also commented on the job of co= de enforcement and that he felt the person (Tom Wakefield) should be commended= . Mr. McDonough commented that burgl= aries were getting worse in Town. H= e felt installing crime watch signs would be helpful. He wanted to know if the signs cou= ld be put onto the utility poles. M= r. Gleason believed there was a prohibition about putting signs on utility poles. He suggested having a conversation with the Police Chief. Mr. McDonough wanted to help out a= nd do something about the situation.

Mr. Mike Sherman, Old Bridge Street came forward to comment regarding the Flood Study warrant article being bro= ught forward by the Planning Director. He hoped they would support the article. He said something needed to be don= e in the area to tie the information with FEMA and work from the Merrimack River and fix some of the issues; or find out how not to make = them worse. Mr. Sherman reiterated= that he would appreciate the Selectmen supporting the warrant. He hoped a portion of the warrant = could be supported by the fund balance.

Mr. Gleason said the Sele= ctmen would be discussing how to strategize what to go forward with. He believed the flood warrant had = the general support of the Board. He said they would wait to make a decision on= the fund balance until the tax rate came out.&= nbsp; They would do anything in their power to mitigate the flooding issue= .

APPOINTMENTS

New Employee Introd= uctions- Police Department – Thomas J. Goulden,II

Police Chief Joseph Roark= and Lieutenant Brian McCarthy came forward and introduced the Police Department= 's new Officer, Thomas J. Goulden, II. The Selectmen welcomed Officer Goulden.

Approval of Purchas= es & Sales Agreement for Conse= rvation Land=

Mr. Gleason stated that t= he Conservation Commission had previously identified the piece of land and ask= ed Mr. Gaydos to provide an overview, without getting into the particular deta= ils because it was still in negotiations. The intent was to have the Selectmen sign the Purchase and Sales Agreement. Mr. Gaydos explained once the P&S was signed a public hearing would be held to reveal all about the property and take public comment. He said it was a fabulous new acquisition by the Conservation Commission; they won't be using any of the bonding money in the purchase.

Mr. Gaydos indicated when= the Town Clerk's office closed, a Notary would come to the Selectmen's meeting = to notarize the P&S agreement.

MOTION:

(Lynde/McDevitt) To authorize the Chairman to sign a Purchase and Sales Agreement relative= to the acquisition of conservation land.

VOTE:

(4-0-0) The motion carried.

Re-Appointment of N= RPC Commissioner, Edmund Gleason for a period of April 1, 2011 until <= /p>

April 7, 2013

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Mr. Gleason's appointment= had been for one year. The NRPC u= sually had three-year terms. They ha= ve asked that Mr. Gleason provide an appointment letter to coincide with their term. Mr. Gleason= was interested in continuing as an NRPC Commissioner, regardless of whether he decided to run again as a Selectman, or was re-elected as a Selectman.

Mr. McDevitt commented th= at the Town received a lot from the NRPC because of having two commissioners. They were appreciated for their volunteerism.

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MOTION:

(McDevitt/Haverty) To appoint Edmund Gleason as a N= ashua Regional Planning Commission Commissioner for the period April 1, 2011 to April 7, 2013.

VOTE:

(4-0-0) The motion carried.

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2012 Warrant Articl= e Review

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Mr. Gleason explained tha= t the Selectmen would conduct a preliminary review of warrant articles. The Budget Committee will review t= he Town warrant articles on November 10, 2011 and vote on those articles November 14, 2011.

1.&n= bsp; Fire Station – Mr. Gaydos said they had an initial guaranteed maximum price of $3.9 million. There was money in the im= pact fee account bringing that number down to $3.47 million. The remaining question was how the Selectmen wanted to raise the money to pay for it. Mr. Gleason said until such time t= hat the tax rate was established, and the Selectmen determined what/if any money would be allocated from the fund balance into the tax rate they wouldn't kn= ow what they would put into the warrant. Currently the fund balance was sitting at $3.225 million.

2.&n= bsp; Library – change the purpose of the handicap access capital reserve account into a general construction account. They are in the process of raising= money because they would like to make some structural improvements to the buildin= g to create office space and additional space by changing some rooms around. The Town's legal will review the w= arrant for the library.

Mr. Lynde asked if the so= urce of the money was through a federal grant.&nbs= p; Mr. Gaydos said the money went back to the old library. He believed it was raised by the t= axpayers to make the building handicap accessible.&= nbsp; Mr. Lynde asked how the library was treated. He questioned if they could change= the building without voter approval. Mr. Gaydos replied according to the statue= s, it was their building. He bel= ieved they had been open about what they would like to do and believed they would= be happy to make a presentation to the Board.= Mr. Lynde was made aware of some of the library's plans and had some concerns. He said an architect designed the building to have specific air flow; the proposed re-design wou= ld have an affect on this. He ho= ped someone was looking at the total impact of such a change. Mr. Gaydos informed the library th= at that type of thing had to be taken into consideration. He said Fire Chief Midgley was very helpful in discussing the need for all the fire codes to be met and the HVAC engineering to be redone because air still had to move. Mr. Lynde asked if a warrant artic= le was needed to raise sufficient funds. Mr. Gaydos said they believe that between the funds in the account a= nd the funds they would independ= ently raise would be sufficient. Mr. Gleason said the Library Renovation Trust contained $18,099. His impression was that they would= be doing fund raising to subsidize the amount.

Mr. McDevitt pointed out = that it wouldn't be a money warrant article, they would be asking to change the wor= ding of the fund. Mr. Gaydos said = the Library Trustees were very clear that they didn't want a warrant article as= king the taxpayers for money. Mr. Gleason said there were two things they wanted to do: 1) change the intent = of the fund, and 2) designate the Library Trustees as the agents to expend, be= cause currently it takes a vote by the Legislative body to spend the money.

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3.&n= bsp; Compensated Absence – Mr. Gaydos said the Town had traditionally raised $100,000 for the capital reserve in the past. He said one of the groups they neg= otiate with agreed to go onto a different type of system and eliminate the unfunded liability (excess earned time from year to year). If one of the other groups also de= cided to do so, the calculated amount of compensated absence it would require wou= ld approximate the $100,000 (in the warrant); there may be that amount of mone= y in the warrant article for the union and not have a separate article to increa= se the amount of the fund. Mr. G= aydos said the Board could make that decision as they were reviewing the tax rate= for 2012. He discussed the Board’s options for funding the unfunded liability. Mr. Gleason noted that the existin= g compensated absence fund contained $181,000. The current liability was approximately $500,000.

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4.&n= bsp; W= illow Street Bridge – Currently the account contains approximately $249,000. The bridge isn’t currently o= n the state’s red-lined list. Mr. Gaydos said money should be put away for the eventual replacement of the bridge. The proposed warrant article would request $100,000; the Board may increase or decrease the amou= nt at their discretion.

5.&n= bsp; Ambulance &nb= sp; The oldest ambulance will not make it another year. Money has been put aside and there= was also a trust account. Mr. Gay= dos said there were also funds available from grants received. He believed between these accounts= there would be more than a sufficient amount to pay for the ambulance next year.<= span style=3D'mso-spacerun:yes'> The FEMA account contains $157,000= . Mr. Gleason said at present the Ambulance Capital Reserve had $87,000.&nbs= p; He noted a warrant article would be needed to move that money out of= the capital reserve into the ambulance procurement. He believed there was approximately $40,000 in the ambulance revolving account. The cost for a new ambulance is approximately $205,000-$210,000. Mr. Gaydos felt it was important to remember that with the purchase of the ambulance, there would be some time to build the revolving account back up. The question would be how= much an ambulance would cost in the future.&nbs= p; Mr. McDevitt asked that the Board be provided with a breakdown of the scenarios and where funds are available.&n= bsp;

The Selectmen suspended t= heir discussion regarding warrant articles to later in the meeting so they would have the opportunity to discuss an additional potential warrant for Forestr= y.

6.&n= bsp; & 7. Forestry Committee members Deb Waters and Gayle Plouffe came forward to discuss two warrants the Forest Committee wou= ld like to propose. Ms. Waters s= aid there were parcels they would like to designate as <= st1:PlaceType w:st=3D"on">Town Forest. An outline of the proposed warrant= was drafted, but additional information is still being gathered. She said the second warrant articl= e was to take some of the proceeds from the Raymond Park timber harvest and put it into work they would like to do within Raymond Park. There had been a previous discussi= on regarding some of the projects needed at the park.

Mr. Gleason said the Raym= ond Park Capital Reserve contained $11,543. It reads that all the proceeds from the sale of gravel, timber and hardwood had to be placed in the capital reserve and didn’t have the capability of expenditure without a vote from the Town’s people. There was a brief discussion regar= ding what number should be inserted into the warrant article; the withdrawal amo= unt would be $21,350.

The Selectmen resumed the= ir review of the warrant articles.

8.&n= bsp; Flood Study – Mr. Gaydos said the Board discu= ssed the wording of the warrant with Planning Director Jeff Gowan; they were cle= ar they wanted that wording to be clear about what the study would provide. They wanted to ensure they would g= et information they could act on. The intent was to give significant guidance to the Town. Mr. McDevitt discussed the importa= nce of the study. He said the sugges= tion had been made to pay for the study out of the Fund Balance. He didn’t feel they should, because if the warrant passed it would indicate to him that the voters saw flooding as a problem and would be step one of other actions the voters wou= ld be asked for solutions. He sa= id if the voters didn’t support the funding for the study, it was possible = they wouldn’t support other things that came out of it.

Mr. Viger arrived.

Mr. Haverty felt that the flooding problem affected more than just people that lived on the brook. He said it affected those who atte= nding St. Patrick’s school/church, businesses, and emergency response (if t= he bridge is closed); the impact goes much beyond those in the immediate area.=

9.&n= bsp; Contract negotiation – Mr. Gaydos said contra= cts were ongoing and would provide the Board with a status report.

10.&= nbsp; Highway Block Grant – The state will provide = the number.

11.&= nbsp; Planning Department vehicle – Mr. Gaydos said= the Budget Committee indicated that the proposed Planning Department vehicle had never been appropriated by the Town’s people; it was always a hand-me-down. The Budget Committee would like to see the vehicle in a warrant article. Mr. Gaydos said the warrant will b= e for $4,668 to have a three-year lease for a Ford Focus. Mr. Gleason questioned if the warr= ant should contain the total amount the Town would be committed to ($13,000). Mr. Gaydos said the only amount wo= uld be the lease amount; the lease would have a non-appropriation clause. Mr. Lynde asked if the decision wa= s in accordance with the Budget Committee By-Laws. Mr. Gleason said the Budget Commit= tee had amended their By-Laws to include replacement vehicles. He felt they had made a valid poin= t; the vehicle had been shifted from the Police to the Planning Department. Mr. McDevitt wanted to know (prior= to a warrant article) what it would cost to pay mileage on an individual’s vehicle. Mr. Gaydos said the = Town paid $.44 per mile, which was less than the IRS rate. He said individuals generally didn’t want to use their personal vehicles because of the cost of gas= and maintenance. There was further discussion regarding the proposed vehicle.= Mr. Lynde felt it was important for the Code Officer to have a Town marked car. Mr. Gleason said = he and Mr. Gaydos would attempt to get the vehicle put back into the operating bud= get during reconsideration.

12.&= nbsp; Castle Hill Road/Crawford Easement – Mr. Gayd= os said the Crawford’s brought it to his attention that a piece of the Town’s right-of-way went over their driveway. They’ve indicated that they = had been using it for over thirty-two years; the Town indicated that they couldn’t have adverse possession against the Town. Mr. Gaydos said they would like to= put a warrant to grant the easement as long as the Town owned it and had not deed= ed it to Mr. Torrisi. He would l= ike to have the warrant to protect the Crawfords.= Mr. Viger questioned what would happen if the voters voted the warra= nt down. Mr. Gaydos said when th= e Town granted the easement to Mr. Torrisi, they did not want to cause harm to the Crawfords. He said the maps u= sed didn’t show the Crawford’s driveway until later; the location of the driveway and easement was missed by everyone.

OTHER BUSINESS

Eckman Pre-Construction Contract Approval

Mr. Haverty stated on September 13, 2011 he reported that Eckman had been awarded the pre-construction contract after a lengthy interview process. The next steps would be for Eckman to hold meetings with local compa= nies who might be interested in bidding on certain aspects of the job; a GMP wil= l be delivered by late November. P= rior to proceeding the Selectmen need to vote to award Eckman the contract. Mr. Gaydos discussed what the pre-= construction contract entailed. The cost w= ill come out of impact fees.

MOTION:

(Haverty/McDevitt) To award Eckman the contract for pre-construction services in the amount = of $10,000.

VOTE:

(5-0-0) The motion carried.

Budget Committee 2012 Town Budget Vote Summary

Mr. Gaydos provided the B= oard with a summary of the Budget Committee’s vote regarding the 2012 Town Budget. He highlighted the it= ems that had been amended.

September Revenue & Expenses

Mr. Gaydos said each of t= he departments had done a good job at keeping their expenses as low as possible. The one department = that showed a significant overrun was Town Buildings. He discussed a ($2000) project bei= ng put together at the Library and items that would be addressed now and next year. He gave the Selectmen an overview for each department. He said the Town was running pretty well in trend; there were still some one-t= ime expenses remaining for the rest of the year. The biggest question was what type= of winter there would be as well as Fire and Police activity.

Non-Public Meeting Session for Tuesday, November 1, 2011 at 6pm in the Board of Selectmen’s Conference Room per RSA 91-A:3,II)a) – Employee Evaluations

It was announced that a non-public session would be conducted November 1, 2011 at 6pm.

ACTION ITEM REVIEW

The Selectmen reviewed th= e action item list and made deletions/amendments where appropriate.

TOWN ADMINISTRATOR’S   /=    SELECTMEN’S REPORTS

With regard to setting the tax rate, Mr. Gaydos said the state changed procedure. They send down all= the information in terms of what the Town would receive; because the process is done on the computer, Mr. Gaydos recommended that the Board appoint two mem= bers to meet, get information, set the tax rate and report back to the Board. Mr. Gleason and Mr. Lynde will gat= her the appropriate information.

Mr. McDevitt said once the date for the (January) primary was set, the Selectmen would need to determine the location. He noted whichever date it would be held, school would be in session. The Selectmen will review location alternatives when necessary. Mr. McDevitt discussed a program i= n Londonderry called Leadership Londonderry that enga= ged citizens in learning how their community worked. He would like to do a segment on P= TV from time to time to update/educate people regarding the Town departments.<= span style=3D'mso-spacerun:yes'>

Mr. Lynde said he attended a Municipal Advocacy Committee meeting; the biggest topic of discussion was the suit (effectively) brought by the Secre= tary of State against NHMA. One of= the issues that the Secretary of State’s office was trying to alter was t= he insurance arm of the NHMA; the issue was the reserve accounts of the NHMA.<= span style=3D'mso-spacerun:yes'> The reserve amount is approximatel= y 20% of what they collected each year. Mr. Lynde said he would provide more reports to the Selectmen and keep them up = to date.

Mr. Viger and Mr. Haverty had no reports.

Mr. Gleason discussed the upcoming Budget Committee meeting dates. He reported that a meeting was held regarding Sherburne Road, its interconnection and the problems that existed. He said the state was looking at t= hose intersections and mitigation. The indication was, with safety issues, the state will get money through accoun= ts they had available. There was= a fact finding meeting; the Town was asked for thoughts/possible solutions. The information would be brought b= ack to the state for review to determine a viable approach to address the areas (a= ll of which were controlled by the state).&nb= sp; Mr. McDevitt said Mr. Gowan was pursuing if the same process could be used at the Route 38/Ledge Road intersection. Mr. Gleason reviewed some of the t= raffic numbers outlined within the study. <= /span>

REQUEST FOR NON-PUBLIC SESSION

MOTION:

(Lynde/Haverty) Request for a non-public session per RSA 91-A:3,II, e (Consideration or negotiation of pending claims or litigation)

ROLL CALL:

Mr. Gleason-Ye= s; Mr. Viger-Yes; Mr. McDevitt-Yes; Mr. Haverty-Yes; Mr. Lynde-Yes

It was noted tha= t when the Board returned, after the non-public session, the Board would not take = any other action publicly, except to possibly seal the minutes of the non-public session and to adjourn the meeting. The Board entered into a non-public session at approximately 8:35 pm.

The Board return= ed to public session at approximately 8:50 pm.

MOTION:

(McDevitt/Haverty) To seal the mi= nutes of the non-public session indefinitely.

VOTE:

(5-0-0) The mo= tion carried.

ADJOURNMENT

MOTION:

(McDevitt/Haverty) To adjourn the meeting.

VOTE:

(5-0-0) The motion carried.

The meeting was = adjourned at approximately 8:50 pm.

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

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

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



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BOARD OF SELECTMEN ACTION ITEMS

March 22, 2011=

<= ![if !supportLists]>·         Mr. Gowan to advise Selectmen whether the CIP will be instituted; 8/9/11 – Mr. Gaydos believed they had a complete list of all the equipment in Town. Ms. Kelley will circula= te that list to the departments requesting they advise what condition it was i= n)(8/30 – ongoing – a list of all equipment, trucks etc. was done. Mr. Gaydos will have a meeting with Selectmen Viger to review a replacement schedule); 10/25/11 Mr. Gaydos and Mr. Viger will sharpen the f= ocus in the internal vehicle replacement plan (Planning Board to discuss at their n= ext meeting if they will move forward);

March 29, 2011=

<= ![if !supportLists]>·         Planning Board to make recommendation to Selectmen regarding Article #14 (portion of Mulberry Lane, portion of Sheph= ard Road and all of Lannan Drive)(8/2/11 this will stay on the list to remain on the Selectmen’s radar, Mr. Gaydos to follow up with Mr. Gowan regardi= ng status)(8/9/11 waiting for the contractors to complete work so the Planning Board will be ready)(8/30/11 – Planning Board has yet to make recommendation);

<= ![if !supportLists]>·         Mr. Gaydos to put timeline together for Cast= le Hill Road (6/7/11 easement being completed that would allow the Crawfords to access their property)(7/5/11 – Mr. Gaydos stated the project was mov= ing forward, there were other issues to get out of the way prior to addressing = this)(8/2/11 Mr. Gaydos is working with Attorney Solomon and will have a timeline quickl= y)(8/9/11 – Mr. Gaydos continuing to work with Attorney Solomon- associated correspondence will be provided to the Selectmen)(8/30/11 – still in progress);

April 26, 2011

·         Mr. Gaydos to review vendor list and identify which items should be discussed. (5/10/11 – Mr. Gaydos created a list and was fu= rther breaking it out because some vendors supply more than one item) (7/5/11 Mr. Gaydo= s said the Town was spending a lot of time concentrating on a law suit – this wi= ll then be addressed)(8/2/11 Mr. Gaydos to provide status of the items.= Mr. Gleason said after budgets were completed he would add this as an agenda item in September for discussion)(8/30/11 – completed and will= be circulated for discussion at future meeting) / 10/25/11 – Selectmen w= ill schedule an agenda item in the later part of November once the budget proce= ss is complete;

May 10, 2011=

·<= span style=3D'font:7.0pt "Times New Roman"'>      =    Mr. McDevitt researching appropriate signage= for Raymond Park (where parcels are located and what names were allowed per dee= ds) (6/7/11 Mr. McDev= itt said research was completed and would like to discuss with the Board after the meeting of 6/28/= 11)(7/5/11 – M= r. McDevitt said a discussion should be scheduled regarding the names at Raymond Park. Information is available to educate the Selectmen. A discussion will be scheduled for= July 19, 2011)(= 8/2/11 Mr. McDev= itt said the Board had received a draft of the naming requirements of the park, which ra= ised additional questions. The Sel= ectmen will schedule a discussion at a later time)(8/9/11 – there is a question whe= ther there could be signs that stay up at Raymond Park – this is in the process of being addressed)(8//30/11 – agenda item scheduled) / 10/25/11 ̵= 1; research still being conducted and signs to be designed;

May 2= 4, 2011

·         Mr. Gaydos to contact the Congregational Church to find out how long they would allow the Town to use their property (7/5/11 – Mr. Gaydos said he would continue to = follow up. They previously had an agreement and didn’t believe that would change.)(8/2/11 Mr. Gaydos said he ow= es Mr. Currier some materials)(8/9/11 – Mr. Gaydos is pulling together the plans from several years ago of = what was intended to be built in the event they were to build something behind t= he fire station – information to be provided to Mr. Currier)(8/30/11 –= Mr. Gaydos still pursuing with Mr. Currier) / 10/25/11 – Mr. Gaydos speaking to = Mr. Currier who is looking for drawings done approximately 6 years ago;

July 5,= 2011

·         Mr. Gaydos to request from Comcast something in writing indicating there will b= e no additional charge for moving cable to new fire station location (8/2/11 Mr. Gaydos said there were several issues he would deal with all at once when Comcast returned the signed contract)(8/30/11 – contracts returned – Town will approach Comcast with two required follow up letters of agreement) / 10/25/11- Mr. Gaydos to ask Mr. Greenwood to follow up;=

·         To ensure a side letter is received from Comcast for the free internet service= for the school (8/2/1= 1 this item included with the above) (8/9/11 Mr. Gaydos awaiting response from Comcast) / 10/25/11 – Mr. Gaydos to ask Mr. Greenwood to follow up with free internet program with the school.

Augus= t 2, 2011

·         Ob= tain status regarding Young’s Crossing and the flashing sign on Route 38/Gage Hill Road/Ledge Road intersection and from Police Chief. (8/9/11 Mr. Gaydos had a discussion with Police Chief= Roark regarding the flashing light and there may be less expensive alternatives.<= span style=3D'mso-spacerun:yes'> The Chief has requested a meeting = with the DOT district for Pelham)(8/30/11 – correspondence received from State – Mr. Gaydos to work with Police Chief Roark to compile accident statistics) / 10/25/11 – Mr. Gaydos said Chief Roark was heading this up – the same type of study = is being done at the Sherburne Road intersection. ;

August = 16, 2011

·         Mr. Gaydos to research if there is legislation pertaining to dam water releases= for a future agenda item (8/30/11 –Mr. Gaydos working on response regarding dam water releases and hope= d it would also address the flood ordinance Mr. Gowan was working on)/ 10/25/11 – Mr. Gaydos said there was wording, but it didn’t have suffici= ent ‘teeth’ – an agenda item will be scheduled for Selectmen discussion.

September 27, 2011=

·         Mr. Gaydos to create policy for acquiring property due to non-payment of taxes.