SEL20120117 Not Approved

NOT APPROVED

TOWN OF PELHAM

BOARD OF SE= LECTMEN MEETING

MINUTES

January 17, 2012

CALL TO ORDER – approximately 6:30pm

PRESENT:

ABSENT:

Mr. Edmund Gleason, Mr.= Doug Viger, Mr. Robert Haverty, = Mr. William McDevitt,

Mr. Hal Lynde, Town Administrator Tom Gaydos

None

PLEDGE OF ALLEGIANCE

MINUTES REVIEW

January = 3, 2012

MOTION:

(Viger/Lynde) To approve the January 3, 2012 meeting minutes as modified.

VOTE:

() The motion = carried.

OPEN FORUM

None.

APPOINTMENTS

Award 2012 Highway Bids

Mr. Gaydos stated every y= ear at this time the Highway Road Agent, Don Foss bids out approximately thirty different items. All the item= s are put onto the internet and companies that bid on the items and supply produc= ts are sent an e-mail. A lot of = the companies are regional in nature. The bids were recommended to be awarded to the following:

Signs & Related Items: Atlantic Broom

Calcium Chloride: AH Harr= is & Sons

Hot Top: PJ Keating Co.

Cold Patch: Brox Industri= es

High Performance Cold Pat= ch: PJ Keating Co.

Sand: Brox Industries

2inch Crushed Stone: PJ K= eating Co.

1.5inch Crushed Stone: PJ= Keating Co.

3/4inch Crushed Stone: PJ= Keating Co.

6inch Erosion Stone: Brox Industries

Stone Dust: PJ Keating Co= .

Clean Fill: PJ Keating Co= .

1.5inch Crushed Gravel: B= rox Industries

3/4inch Crushed Gravel: B= rox Industries

3/4inch Crushed Asphalt: = Brox Industries

Street Sweeper Rental: Im= maculate Power Sweeping

Loader Rental: Hawkins Construction Co.

Grader Rental: Richard Vi= nal Trucking

Bulldozer Rental: Richard= Vinal Trucking

10-Whell Dump Truck Renta= l: Gurall Gradall Rental

Tri-axel Dump Truck: Rich= ard Vinal Trucking

Tree Removal: no bid

Excavator with Demolition= Hammer Rental: Richard Vinal Trucking

Roadside Mowing: Rail Head Tractor

Traffic Line Painting: Se= altec

Catch Basin Cleaning: Bor= ough Sewer Service

Rubber Tired Excavator Re= ntal: Richard Vinal Trucking

Gradall Rental: Gurall Gr= adall Rental

Catch Basin Blocks: Corri= veau Routhier

High Density Polyethylene= Smooth Wall Culvert Pipe: JF Industries

Plow Blades: Valk Manufac= turing

Mr. Viger commended Mr. F= oss for his hard work sending out the bids and seeking competitive pricing. Mr. Gleason noted that there were = some price increases, but they were due to the cost of doing business and the economy.

MOTION:

(Haverty/McDevitt) To approve the= award of the contracts from the bidding process as described.

VOTE:

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

OTHER BUSINESS

Time Table for 2011 Town Report & Postings for 2012 Town Mee= ting

Mr. Gaydos reviewed the u= pcoming deadline dates for postings and Town Meeting.

Mr. Gleason asked who wou= ld write the narrative that went along with the warrant articles. Mr. Gaydos said in the past he had drafted a short description and sent it to the Selectmen for review/comment= . He would send the 2012 warrant art= icle narrative out shortly for review.

Anyone wishing to file fo= r Town Offices would need to submit an application between January 25, 2012 through February 3, 2012.

Set Public Hearings for January 31, 2012 for the following: <= /b>

      = ;          Tuesday, January 31, 2012 and Tuesday, February 14, 2012 – at 6:45pm regarding a proposa= l

to purch= ase property of approximately 14 acres on Hinds Lane, located at Tax Map 20, Lots 2-

113-2 and 2-113-3;

&nb= sp;

Mr. Gleason said if anyone required additional information they should contact the Planning Office at 603-635-7811 to leave a message for the Conservation Commission Chairman.

Mr. McDevitt suggested th= at the Selectmen schedule a site walk. He said in watching a Conservation Commission meeting he saw that there was a number of residents in opposition. Some of the discussion had to do with the topography of the land bet= ween Hinds Lane and the pond. Mr. Gleason was= in receipt of a communication from the Conservation Chairman Paul Gagnon who i= ndicated he could meet with the Board on Saturday 11am at the site. After a brief discussion it was agreed to post a site walk for January 28, 2012 between 10am-11am.

&nb= sp;

Tuesday, January 31, 2012 &= #8211; at 7:15pm re= garding Petition Warrant Article

Mr. Gleason said the warr= ant article intended to give the authority of the default budget to the Budget Committee. He commented the B= udget Committee had asked for a meeting with the Selectmen and the School Board to review the article and the impact of such.= He noted that there had been a discussion with the Town’s atto= rney and the LGC. Mr. Gleason read= aloud the petition warrant article. He said based upon discussions with legal, it was legal’s interpretation that the default budget (if the petition warrant article passed) would be generated pretty much the same way it currently was by the Town departments, approved by the Finance Director, approved by the Selectmen and then submit= ted to the Budget Committee for their review and concurrence. There was some thought that the Bu= dget Committee would be responsible for the total generation of the budget, but = it was legal counsel’s opinion that the Town would still proceed to prov= ide the default budget to the Budget Committee for their review and concurrence= .

Mr. Lynde reviewed the st= atutes and felt the article was pretty much a moot point because the statutes were very clear as to how the default was structured. He said it was also clear that the responsibility for presenting and putting the budget together for the Town = was the Budget Committee’s responsibility, which it had always been. Mr. Lynde didn’t see that th= ere were any ‘game changes’.

There was a discussion ab= out the petition article and the effects, if any, there would be to the current bud= get process. It was explained tha= t by State Law, if the voters turned down the budget submitted to Town Meeting (= by voting it down), then the budget that would be in force would be the default budget. The default budget is= comprised of the last year’s operating budget (that was reviewed and approved by the Budget Committee) and adjusted to incorporate contractual obligations a= nd also adjusted downward/upward for any one-time purchases (approved by the voters). Typically a default = budget is less than a proposed operating budget, however there may have been insta= nces in which the default budget has been higher.

2012 Warrant Article Numbering

The Selectmen reviewed the Warrant Articles and determined their order placement for the 2012 March ballot.

Review of Budget Committee Approved Budget Following Reconsidera= tion

Mr. Gleason summarized the actions of the Budget Committee during their meeting to reconsider the Town’s budget. The Budg= et Committee put back in the Code Enforcement position, but did not put the requested (Ford Focus) vehicle back in the budget. The vehicle would stay as a warrant article. All the adjustments = for gas/diesel were approved. Mr. Gleason said the new bottom line number was $12,507,402.

Action Item Review

The Action Items were rev= iewed and updated as necessary.

TOWN ADMINISTRATOR // SELECTMEN REPORTS

Mr. McDevitt said he went= with Planning Director Jeff Gowan and others to look at the flood control apparatus under= and behind the new bank. He was extremely impressed with what they had done at the request and insistence of the Planning Board.

Mr. Lynde and Mr. Haverty= had no report.

Mr. Gaydos reported that = they had been working on the final set of drawings (for the fire station) so they wo= uld be prepared after Town Meeting to go to bid. He said they were meeting with sev= eral contractors regarding the items that the Town would provide. They wanted to ensure the communic= ations would work and be installed appropriately with the other items that had to = be done in terms of construction. A meeting would be held on Friday with Eckman, who would help with the informational campaign. Simil= ar to last year, once the final drawings are completed local contractors will be invited to review the plans and see if there were items they could bid on.<= span style=3D'mso-spacerun:yes'>

Mr. Viger reminded people= that Pelham Baseball was in full swing and accepting on-line registrations for a= ll age groups. The link can be f= ound either through the Pelhamweb.com, or direct at pelhamnhbaseball.com.

Mr. Gleason was in receip= t of a correspondence from Representative Shaun Doherty who indicated he would go forward with an amendment for the floor which would give Pelham four representatives. He noted Representative Lynne Ober indicated she would support that amendment. The Selectmen will be kept apprise= d of the status. Mr. Lynde applaud= ed Representative Doherty for putting together the amendment, which he felt lo= oked like a great solution to satisfy the constitutional requirement and give ea= ch town their own representatives. Mr. Gleason reported that he received communication from Diane Chubb, who was n= ow back with the Pelham-Windham News and would cover items of local interest f= or Pelham. He said Ms. Chubb had offered her services to publish information for the Town. Mr. Gleason stated he and Planning Director Jeff Gowan would be attending a meeting in <= st1:place w:st=3D"on">Concord on Thursday regarding the round about. They intended to discu= ss the status and try to ‘nail down’ the impact on the Town. They would also discuss whether th= ey could accommodate Pennichuck Water. Mr. Gleason said they would insist on more periodic meetings as the = program progressed.

Mr. McDevitt mentioned th= at the Town had a successful election. He thanked the moderator and other folks who were involved. He gave a special acknowledgement = to the people from the Town Clerk’s office for the work they conducted during the election.

REQUEST FOR NON-PUBLIC SESSION

MOTION:

(McDevitt/Lynde) Request for a non-public session per RSA 91-A:3,II, c, e (Matters which, = if discussed publicly would affect adversely the reputation of any person; Consideration or negotiation of pending claims or litigation)

ROLL CALL:

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

Mr. Lynde-Yes<= /p>

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 8:00 pm.

The Board return= ed to public session at approximately 8:19 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 8:19 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

BOARD OF SELECTMEN ACTION ITEMS

March 22, 2011=

Mr. Gowan to advise Selectmen whether the CIP will be instituted= ; 8/9/11 R= 11; Mr. Gaydos believed they had a complete list of all the equipment in Town. Ms. Kelley will circulate that list to the departments requesting they advise what condition it was in)(8/30 – ongoing – a list of all equipm= ent, trucks etc. was done. Mr. Gaydos will have a meeting with Selectmen Viger to review a replacement schedule); 10/25/11 Mr. Gaydos an= d Mr. Viger will sharpen the focus in the internal vehicle replacement plan (Planning Board to discuss at their next meeting if they will move for= ward); 1/17/12 – Mr. Gaydos said a packet had been provided to the Budg= et Committee, Mr. McDevitt said the Planning Board had made an announceme= nt seeking volunteers. He suggested including the CIP in the list of elected/appointment positio= ns that would be available in March.&nbs= p;

March 29, 2011=

Mr. Gaydos to put timeline together for Castle 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 moving forw= ard, 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 quickly)(8/9/11 – Mr. Gaydos continuing to work with Attorney So= lomon- associated correspondence will be provided to the Selectmen)(8/30/11 – still in progress); 1/17/12 – still in court.

May 10, 2011=

Mr. McDevitt researching appropriate sign= age for Raymond Park (where parcels are located and what names were allowe= d per deeds) (6/7/= 11 Mr. McDevitt said research was completed and would like to discuss with the Board after the meeting of 6/28/11)(7/5/11 – Mr. McDevitt said a discussion s= hould be scheduled regarding the names at Raymond Park. Information is avail= able to educate the Selectmen. A discussion will be scheduled for July 19, 2011)(8/2/11 Mr. McDevitt said the Board had received= a draft of the naming requirements of the park, which raised additional questions. The Selectmen= will schedule a discussion at a later time)(8/9/11 – there is a quest= ion whether there could be signs that stay up at Raymond Park – this= is in the process of being addressed)(8//30/11 – agenda item schedu= led) / 10/25/11 – research still being conducted and signs to be desi= gned; 1/17/12 – ongoing project – an Eagle Scout project will po= ssibly be brought forward to put up kiosk.&n= bsp;

May 2= 4, 2011

Mr. Gay= dos 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 continu= e to follow up. They previous= ly had an agreement and didn’t believe that would change.)(8/2/11 Mr. = Gaydos said he owes Mr. Currier some materials)(8/9/11 – Mr. Gaydos is pulling together t= he plans from several years ago of what was intended to be built in the e= vent they were to build something behind the fire station – informati= on 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; 1/17/12 – M= r. Gaydos is working with Mr. Currier regarding the procedure to move ahe= ad if the fire station doesn’t pass.

July 5,= 2011

Mr. Gay= dos to request from Comcast something in writing indicating there will be 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 on= ce 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; 1/17/12 follow up needed for written agreement.

Augus= t 2, 2011

Obtain = status regarding Young’s Crossing and the flashing sign on Route 38/Gage Hill Road/Ledge Roa= d intersection and from Police Chief. (8/9/11 Mr. Gaydos had a discussio= n with Police Chief Roark regarding the flashing light and there may be less expensi= ve alternatives. The Chief = has requested a meeting with the DOT district for Pelham)(8/30/11 – correspo= ndence 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.; 1/17/12 – still working with intersection (with state) in conjunction with Sherburne Road.

August = 16, 2011

Mr. Gay= dos 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 hoped 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 sufficient ‘teeth’ – an agenda item will be scheduled for Selectmen discussion; 1/17/12 – at a standstill between what the state is willing to do and what the Town would like t= hem to do. Mr. Gaydos felt t= he flood study would aid in an outcome.

September 27, 2011=

Mr. Gaydos to create policy for acquiring property due to non-payment of taxes. 1/17/12 an agenda item will be scheduled for the policy adoption.