APPROVED

 

TOWN OF PELHAM

BOARD OF SELECTMEN MEETING

MINUTES

August 13, 2002

APPROVED – August 20, 2002

 

CALL TO ORDER

PLEDGE OF ALLEGAINCE

 

PRESENT:

Mr. Greg Farris, Mr. Hal Lynde (arrived shortly after the meeting began), Mr. William McDevitt, Mr. Jean-Guy Bergeron, Mr. Richard Derby

 

ABSENT:

None.

 

Also present:  Mr. Tom Gaydos, Town Administrator, members of the press and general public.

 

Chairman Farris opened the meeting at approximately 6:30 pm. 

 

MINUTES REVIEW

 

August  6, 2002

 

MOTION:      (McDevitt/Bergeron) To approve the August 6, 2002 minutes as written.

 

VOTE:           (3 - 0 - 1) The motion carries.  Mr. Derby abstained.

 

 

OPEN FORUM

 

None.

 

APPOINTMENTS

 

Request to use Municipal Complex parking area for hot air balloon rides on Old Home Day, September 7, 2002, Charlene Takesian

 

Ms. Charlene Takesian met with the Selectmen to request the use of the Municipal Complex parking area for hot air balloon rides during Old Home Day from 9:00am - 11:00am.  She said that ReMax Realty had made the request and would be donating the proceeds to Old Home Day.  She informed that there was not enough room on the church grounds for the rides.  She said that the balloon would be tethered.

 

Mr. Lynde arrived.

 

Mr. Bergeron asked how high the balloon went up.  Ms. Nina Bisson, ReMax Realty said that the balloon didn’t go up very high, maybe 100ft.  She said the ride would be weather permitting.    

 

Mr. Gaydos asked if ReMax Realty had insurance.  Ms. Bisson said that ReMax Realty had insurance as well as the owner of the balloon.  She said that before riding, passengers were required to sign a release.  She said a copy of the policy would be given to Mr. Gaydos.

 

MOTION:      (McDevitt/Derby)  To grant permission to the Old Home Day Committee     for hot air balloon rides to be held at the Municipal Complex parking area during Old Home Day, September 7, 2002. 

 

VOTE:           (4 - 0 - 1) The motion carries.  Mr. Lynde abstained.

 

Donation of vehicle to Red Cross, Police Chief Evan Haglund

 

Police Chief Evan Haglund met with the Selectmen to discuss the possibility of donating a 1978 Chevy black box van to the Red Cross.  He said the donation would come back and help the community in many functions. 

 

Mr. McDevitt asked if the Town would remove the police emblems.  Chief Haglund said that the Red Cross would remove the emblems and paint the vehicle.

 

MOTION:      (Derby/Lynde) To allow the Police Department to donate the 1978 Chevy box van to the Red Cross.

 

VOTE:            (5 - 0 - 0) The motion carries.   

 

Mr. Farris informed that the Pelham Police Relief Association would be sponsoring a Movie Night, August 21, 2002 at the High School.  He said that people should bring chairs or blankets.  Chief Haglund said that people were encouraged to bring a stuffed animals that would be donated to hospitals and other charities.  He said that both the Police Department and Chunky’s Cinema were also sponsoring the event. 

 

Mr. Farris also informed that August 23, 2002 would be the Annual Cookout sponsored by the Police Department at Harris’ Inn.  He said there would be raffle prizes and noted if anyone was interested in donating a prize they should contact Lieutenant Roark, Detective Kelleher, Patrolman Mannion or Patrolman Chase. 

 

Mr. Lynde noted that the Public Auction would be held August 17, 2002 beginning at 10:00am.   

 

Proposed purchase of Conservation Land, Deb Waters

 

Ms. Deb Waters and Mr. Paul Gagnon met with the Selectmen regarding a proposed purchase of conservation land.  Mr. Farris noted that the Conservation Commission held a public hearing regarding the land and asked for a brief synopsis of the public hearing. 

 

Ms. Waters said that there were approximately twenty-five people.  She said that most people were in favor of the purchase, and one person provided a list of concerns.  Ms. Waters reviewed the concerns.  She said that there was a concern about the buildability of the land due to the Planning Board denying the proposed subdivision plan.  She said that the Planning Board had reviewed the plan on numerous occasions,  and at the time the Planning Board was seeking resolution, the developer had begun discussions with Conservation.  She said the Planning Board denied the plan.  She ended by saying that the land in question was buildable. 

 

Mr. Bob Yarmo, Chairman, Conservation Commission joined the discussion with the Selectmen.  He read aloud a memo that informed that the Conservation Commission held a public hearing and voted unanimously to support the purchase of approximately twenty-five acres using approximately $150,000 from the Conservation Fund.  The memo noted that the proposed acquisition would be consistent with RSA 36a and included funds from a neighborhood group. 

 

Mr. Yarmo noted that a majority of the high and dry land was located on the SouthEast portion (backside) of the property.  Mr. Paul Gagnon, who represented the abutters purchasing the land, pointed out on the plan which portion of the land would be purchased.  He also noted the dry areas as well as the wet areas.  He said that the land was quite buildable, which was why the abutters were interested in purchasing it, so that it would not be built upon.  Ms. Waters said that there were two wetland crossings, one at the beginning of the parcel and a second one at the end of the proposed cul-de-sac, which the state may not grant.  Mr. Gagnon pointed out that the proposed cul-de-sac was originally planned to be approximately 2000ft. long, but had since been reduced to approximately 900ft with a portion being on the conservation land so that citizens could have access.  Mr. Yarmo said that Dr. Richardson of NHDES Wetlands Bureau did not have any issues with the dredge and fill crossings. 

 

Mr. Lynde wanted to know what type of access the community would have to the parcel.  Mr. Yarmo said the area would be for passive recreation accessed by a footbridge.  He said that Dr. Richardson noted the uniqueness of the property due to the adjacency to Little Island Pond and because it was critical to both amphibians and mammals.  He said that Dr. Richardson also discussed the importance of the water quality going into Little Island Pond, which then would run into the Golden Brook prime wetlands. 

 

Ms. Waters said there was a question of how the cost would be broken down.  She said the total cost was $250,000 and informed that approximately $150,000 would come from the Conservation Fund and the remaining $100,000 would be raised through private donations.  She said the net amount from the Conservation Fund would be approximately $100,000 because the property was in current use and the six lots to be built would generate penalty tax when it was developed.  Mr. Farris asked if the amount was based on pre-, or post-engineered property.  Mr. Lynde said it was based upon post-engineered property.

 

Ms. Waters said that the land had been appraised by a gentleman who dealt almost solely with property in Town advised that sale price of $250,000 was a reasonable price. 

 

Ms. Waters said that there was a pending law suit between the developer and planning, but that the agreement with the developer was made prior to the suit.  She said that if the land were purchased, the suit would be dropped.  

 

Mr. Farris asked if the abutters had the funds needed for the purchase.  Mr. Gagnon said that they had raised $60,000 and said the remaining amount would be obtained. 

 

There were no persons present who objected to the purchase. 

 

Mr. Lynde asked how much money was currently in the Conservation Fund.  Mr. Yarmo said that there was currently $544,800.28 as of July, 2002.  Mr. Lynde applauded the abutters for their actions.  Mr. Farris also applauded the people involved with the purchase of the parcel.  Mr. Bergeron said he hoped that this would be the start for future situations similar the one being proposed.  Mr. Yarmo thanked the people of Stonemark Homes and Benchmark Engineering for working with the abutters. 

 

Mr. Lynde asked what the total acreage was.  Mr. Gagnon said there was a total of thirty-six acres, with approximately twenty-three to twenty-five acres highlighted for proposed purchase. 

 

MOTION:      (McDevitt/Derby) To accept the purchase of a portion of lots 30 & 36 from ML 11-254 (known as the Picard property off Dutton Road).

 

VOTE:            (5 - 0 - 0) The motion carries. 

 

MOTION:      (Lynde/Bergeron) To accept the donation of $100,000 toward the purchase of the conservation land  (a portion of lots 30 & 36 from ML 11-254)

 

VOTE:            (5 - 0 - 0) The motion carries. 

 

OLD BUSINESS

 

Municipal Building - Bond Counsel Services Engagement Letter

 

Mr. Gaydos informed that Divine, Millmet & Branch, Town’s bond counsel, through the process did not have an engagement letter signed.  He said that Divine Millmet would review all the Town’s documents and ensure that all the votes taken were appropriate so that proper representation would be made to those who would purchase the bond.  Mr. McDevitt was almost certain the steps were taken when Mr. Pitts was in the position of Town Administrator.  Mr. Gaydos said that there were other items needing to be completed, which would be addressed.  There was a brief discussion regarding the wording of the engagement letter and the specific terms therein.  There was a suggestion to line out the sentence that states the bond would be sold through the New Hampshire Municipal Bond Bank.

 

Mr. Farris asked if the engagement letter would slow down Citizen Bank’s process for moving forward at the end of the month.  Mr. Gaydos said that Divine Millmet had worked with Mr. Bob Blanchette and was ready to move forward.  There was a discussion regarding the engagement letter, and the Selectmen asked that Mr. Gaydos line out the sentence that states the bond would be sold through the New Hampshire Municipal Bond Bank, initial the paragraph and sign the letter.  

 

MOTION:      (McDevitt/Lynde) To authorize Mr. Gaydos to sign the engagement letter to hire Divine Millmet & Branch as bond counsel as indicated in the letter to the Town of Pelham from Divine Millmet & Branch dated August 7, 2002.

 

VOTE:           (5 - 0 - 0) The motion carries. 

 

Mr. Farris reviewed the Letter of Representation.  Mr. Gaydos said that he had seen similar letter every time he had done a bond and believed the letter was necessary for the bank’s representation of being tax exempt.  Mr. Farris asked if the letter came from Divine Millmet.  Mr. Gaydos said the letter came from Divine Millmet.  He said that he would request further information and clarify the letter for the Selectmen.  Mr. Farris said that a phone poll could be taken if a vote was needed regarding the letter before the next scheduled meeting. 

 

NEW BUSINESS

 

Hawker/Peddler/Itinerant Vendor’s License

 

Mr. Gaydos said a request had been received for a Hawker/Peddler/Itinerant Vendor License.  He said that after review of the license application, and a conversation with a citizen, he wanted to ensure that some communication got to the applicant to make them aware that they could not set up a display in one location to sell their wares.  He said he the applicant would need to be truly an itinerant vendor. 

 

 Mr. Bergeron was concerned with a large truck blocking traffic flow, and was unsure if the applicant’s truck would be allowed to park on any one of the state roads throughout Town.  Mr. Gaydos said he had a conversation with a person outside of Town who was aware of the type of business the applicant was proposing.  During his conversation, the person informed Mr. Gaydos of a business that parked their truck, set up a display, and then sent people door-to-door to inform residents of the sale.  Mr. Gaydos did not indicate that the applicant misrepresented themselves, but wanted to ensure that any approval made by the Selectmen would make it clear that the truck would not be setting up a display. 

 

Mr. McDevitt believed that the Selectmen should base their approval based on the information provided on the application. 

 

Mr. Farris wanted to know if the applicant parked their truck to sell their wares if they would be disqualified from a Hawkers/Peddler’s license.  Mr. Gaydos said they would be disqualified.  He said the idea behind the itinerant license was a vendor that kept moving.  He said if a person parked, or set up shop, it would fall under a different type of license.  There was a brief discussion regarding what type of businesses were considered hawkers and peddlers.  Mr. Lynde suggested contacting the applicant and find out their intention.  Mr. Farris wanted to ensure that a traffic nuisance would not be created by a truck being parked on the side of a road.  Mr. Bergeron said he would like more time to research and suggested that the applicant meet with the Selectmen.  Mr. McDevitt reiterated that there was nothing on the application that indicated that the applicant would not be an itinerant vendor.  Mr. McDevitt then made a motion to grant the license, which Mr. Lynde seconded.  Mr. McDevitt said if it turned out that the sales were not door-to-door then action would be taken and the license would not apply.   

 

There was further discussion regarding the license.  Mr. Bergeron wanted to be clear that any truck, car, bicycle, etc. would be required to have a license.  The Selectmen confirmed that anyone selling from door to door would be required to hold a license.  Police Chief Haglund said generally when someone came into Town to make sales the contacted the Police Department, who in turn, informed the people of the licenses needed (i.e. Town, state, etc.).  He believed that the Thomasville people had sold their wares at the Plaza in the past.  Mr. Derby informed that the Nashua Telegraph ran a story warning that certain people were misrepresenting Thomasville distributors, and not selling Thomasville merchandise. 

 

There was a brief discussion regarding what actions the Town could take if someone set up to sell products, which fell under land-use, and not an itinerant license. 

 

MOTION:      (McDevitt/Lynde) To grant a Hawker/Peddler/Itinerant Vendor License to Scott D. Vernon, based on the application signed August 2, 2002 with the clear understanding that the proposed location of sale as answered in item 9 is door-to-door.

 

VOTE:            (3 - 2 - 0) The motion carries.  Mr. Farris and Mr. Derby voted no. 

 

Chief Haglund requested that copies of the approved applications be sent to the Police Department. 

 

Resignation from Highway Department

 

Mr. Gaydos informed that a letter of resignation had been received from Mr. Randy Boydon of the Highway Department.  The letter indicated that Mr. Boydon enjoyed working for Mr. Don Foss, Road Agent, as well as the Town.  Mr. Boydon’s last day of employment would be August 23, 2002.  Mr. Gaydos said if the Selectmen approved of the resignation, he requested approval to advertise for the position. 

 

MOTION:      (Lynde/McDevitt) To accept the resignation of Mr. Randy Boydon effective August 23, 2002. 

 

VOTE:           (5 - 0 - 0) The motion carries. 

 

Mr. Farris and the Selectmen agreed to have Mr. Don Foss make the decision of who to hire for the full-time position.  Mr. Gaydos said that a hiring policy would be drafted and brought before the Selectmen for review and possible approval. 

 

OLD BUSINESS CONTINUED......

 

Review of Budgets - Mr. Bob Blanchette, Senior Financial Analyst met with the Selectmen to review the submitted budgets.

 

Selectmen - The Selectmen reviewed the line items listed on the budget beginning with salaries, supplies, utilities.  There was a discussion regarding the fifty-five phone lines being moved and the fee Centrex quoted to move the lines to the new Municipal Building.  Mr. Gaydos said that there would be a penalty charged for breaking the current agreement.  He believed that the Centrex fees would be competitive.  He said that he would provide a breakdown of costs for the Selectmen.  Mr. Lynde suggested that the costs for the fifty-five phone lines be moved to the Buildings budget.  Mr. Blanchette said the could move the line item.  The Selectmen went on to review equipment repairs. 

 

Mr. McDevitt asked if there would be one central mail area and postage meter in the new Municipal Building.  Mr. Gaydos said he would review and see if any budgets could be combined. 

 

The Selectmen continued their review of the budget.  Mr. Blanchette discussed the budgeted amount for audit fees and informed that a proposal would be received due to GASB 34 compliance.  He explained that GASB 34 was a fixed audit system.  Mr. Gaydos further explained that the purpose of GASB 34 was to show the assets and depreciation so that an individual, or an investor, reviewing the financial statements would have an idea of what condition the Town was in.  He said that other communities utilized interns to perform the inventory of Town assets and noted that a company could be hired for the inventory to bring the Town into compliance.  Mr. Farris asked that Mr. Gaydos find out what detail was needed for GASB 34.  Mr. Blanchette said he was working on a policy for the fixed assets that would be presented for review by the Selectmen.  Mr. Farris asked that information be provided before the budget was presented to the Budget Committee.  He said the numbers could then be brought back during the reconsideration period.       

 

Mr. McDevitt asked that the number of Town Reports be increased from last year.  Mr. Lynde informed that the total number of addresses in Town was 4600.  Mr. McDevitt also wanted to know what happened to the $175 for the Town clock.  Mr. Blanchette said the line item had not been used in the four years he was in the position, so the item had been deleted. 

 

Mr. Farris informed that towns in Massachusetts accepted advertisements in their town reports, which offset the costs.  He understood that the Town’s report was traditional and some may not want to include ads, but he wanted the Selectmen to consider the possibility.  Mr. Gaydos said he would research the issue and find out if it were allowed in New Hampshire.  Mr. Lynde, who was experienced with collecting and formatting ads said it was difficult process. 

 

Mr. Lynde asked if the BMSI upgrade had been done.  Mr. Blanchette said it had not been done yet.  Mr. Lynde didn’t feel the Town was benefiting from the reports BMSI was providing. 

 

Mr. Farris asked that the additional information be provided along with a bottom line number before the Selectmen vote on the budget. 

 

Buildings and Grounds - Mr. Farris noted that there had been a large increase due to the utilities being pulled from the individual departments.  Mr. McDevitt also noted that there were no salaries associated with the budget.  There was a discussion regarding how long the school would be paying for utilities.  Mr. Gaydos had been unable to confirm how long the School Board had budgeted to pay for maintaining E.G. Sherburne School.  He said that he would clarify if the school would be maintained by the School Board through June of their current year. 

 

The Selectmen discussed the amount needed to alter the Fire Station once the Police Department moved into the Municipal Building.  Mr. Gaydos said he did not have a complete breakdown of costs, but would provide one for Selectmen review.  Mr. Farris said that he would like a warrant article with backup for everything to be done to the building.  Police Chief Haglund suggested auctioning the trailer once the Police Department moved to the new building. 

 

The maintenance of the Municipal Building and the Town parks.  Mr. Farris felt that the maintenance of the parks should be kept separate from the maintenance of the Municipal Building.  He believed if a service were to maintain the Town, a warrant article would be needed.  Mr. Gaydos asked what would happen if the warrant article did not pass.  Mr. Farris said that in certain situations, a line item would be kept open, and in the event the warrant article passed, the line item would be eliminated.  The Selectmen discussed the issue of maintaining the Municipal Buildings and the Town parks.  It was requested of Mr. Gaydos to obtain an estimated cost for maintaining the Municipal Buildings.  Mr. McDevitt noted that the current volunteers that helped with maintaining the Town parks would not be continuing much longer. 

 

Mr. Farris said he would like to see the increases dictated by contracts and passed warrant articles so that controllable expenses could be reviewed.  He asked that the information be provided by the end of the month so that the Budget Committee could review before the meeting of September 23, 2002. 

 

TOWN ADMINISTRATOR’S REPORT/SELECTMEN’S REPORT

 

Mr. Derby had no report.

 

Mr. McDevitt said that the Municipal Building Committee would be meeting at the Senior Center August 14, 2002 at 7pm to review exterior designs for the Library.  He said that Jan Becker of Bread Loaf would also be attending the meeting.  He said that Mr. Spike Hayes had sent the Selectmen a letter (dated July 22, 2002) relative to awarding work at the park and made some recommendations.  He felt the Selectmen should discuss during a future meeting. 

 

Mr. Bergeron reported that Mr. Bruce Mason informed that the incinerator building had been cleaned.  He said that Eastern Analytical would perform a swipe test for cleanliness and confirm that the building would meet DES standards.  He said that the 20% incinerator closure grant could be applied for once the state received all records of cleaning and testing.  Mr. Bergeron asked what the $375,000 was for that was listed on the budget sheet submitted to the Selectmen.  There was a brief discussion, and it was believed that the amount listed was for contingency fees for the whole Municipal Building project.  Mr. Farris said Mr. Blanchette could confirm the line item. 

 

Mr. Lynde said that the Forestry Committee met Monday.  He said that Mr. Gaydos would set up a public discussion regarding the forest management on the Mills property.  Mr. Gaydos said that he would coordinate the forest management with the deeding of the building.  Mr. Lynde said that the Town had earned Tree Farm Certification on several parcels that the Town managed and it had been suggested to add Tree Farm signs to any parks that were certified.  Mr. Lynde said the second parcel had not been transferred at the Peabody Town Forest.  He said that two families owned one of the parcels and one family was holding the process up.  He said the transfer should be completed, and suggested that the Town buy out the 50% share of one family and send the tax bill to the other.  He said that an assessment of fire damage at Peabody Forest would be done for an insurance settlement.  Mr. Lynde said that two people came forward and would apply to be on the Forestry Committee.  He said there was still a problem with ATV’s and people playing paintball.  He ended by saying that the total acreage under management was 655 acres. 

 

Mr. Farris reminded the public that the auction of the surplus goods would be held Saturday, August 17, 2002 at the Sherburne School parking lot.  He informed that Adelphia would complete their upgrade by mid September.  He noted the two Police Association functions - 1) cookout to be held on August 23, 2002, and 2) movie night to be held August 21, 2002.  He thanked Chunky’s for their involvement with the residents of Pelham.  He also thanked the Police Relief for their continued participation in the community.       

 

REQUEST FOR NON-PUBLIC SESSION

 

MOTION:      (Bergeron/Lynde) Request for a non-public session per RSA 91-A:3,II, a (personnel)

 

ROLL CALL: Mr. Farris-Yes; Mr. Lynde-Yes; Mr. McDevitt-Yes; Mr. Bergeron-Yes;

  Mr. Derby-Yes

 

Mr. Farris 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 9:45pm.  Mr. Gaydos was also present during the non-public session.   

 

The Board returned to public session at approximately 11:30 pm.

 

MOTION:      (Lynde/Derby) To seal the minutes of the non-public session indefinitely.

 

VOTE:           (5 - 0 - 0) The motion carries.

 

ADJOURNMENT

 

MOTION:      (Lynde/Derby) To adjourn the meeting.

 

VOTE:            (5 - 0 - 0) The motion carries. 

 

The meeting was adjourned at approximately 11:31 pm.

 

                                                                        Respectfully submitted,

 

                                                                        Charity A. L. Willis

                                                                        Recording Secretary