BOS Minutes 09-07-2004

APPROVED

TOWN OF PELHAM

BOARD OF S= ELECTMEN MEETING

MINUTES

September 7, 2004

APPROVED – September 21, 2004

Reconsidered & Approved – September 28, 2004<= /b>

CALL TO ORDER

PLEDGE OF ALLEGIANCE

PRESENT:

Mr. William McDevitt, Mr. Victor Danevich, Mr. Jean= -Guy Bergeron, Mr. Richard Derby, Mr. Harold Lynde (arrived after the meeting commenced= ), Mr. Tom Gaydos, Town Administrator

Also present:

ABSENT:

Members of the press and general public.

None.

   &nb= sp;

The Chairman, William McDevitt, opened the meeting at= approximately 6:30pm.

MINUTES R= EVIEW

August 24, 2004

MOTION:=

(Bergeron/Derby) To approve the August 24, 2004 meeting = minutes as amended.

= ;

VOTE:

(3-0-1) The motion carr= ied. Mr. Danevich abstained.

The amendment was as follows: page 1- the following (= 6:4lk mnmn0 pm) shall be corrected to read 6:41pm; page 2, 1^st paragraph - the word Price shall be replaced with t= he word Prince (..and the Prince properties…).

OPEN FORU= M

Firefighter Richard Hanegan provided the Selectmen wi= th information regarding the C.E.R.T program. He said that the Town’s C.E.R.T. was contacted by Homeland Security to deploy the team to help in the relief of hurricane Frances. He said five members would be swo= rn in by FEMA and provide assistance. He also noted that the second class would be graduating September 18, 2004. The Selectmen offered congratulat= ions to the C.E.R.T. team for being ready to go when needed.

Fire Chief E. David Fisher noted that Pelham was one = of the first to start a C.E.R.T. team. He said the experience and education would be brought back to the Town. Chief Fisher then noted that a pr= ess release had been put out by Congressman Charles Bass in regard to federal = money that had been awarded. There= had been a Federal Firefighting Grant Award; the Towns of Pelham and Sullivan = will be awarded a total of $80,022; Pelham to receive $56,300 for the purchase = of a new vehicle to help with fighting brush fires; Sullivan to receive $23,722. The federal governm= ent will provide 90% of the cost for the vehicle, local community responsible = for 10%. Chief Fisher requested = that the Selectmen consider accepting the grand money and releasing the 10% (ap= prox. $6,000) from the reserve account approved last year.

Mr. McDevitt said the Selectmen would discuss further= at an upcoming meeting. There was = further discussion whether or not to accept the grant at the present time. Mr. McDevitt said he appreciated = the aggressiveness in working toward getting grants and wished the Selectmen w= ould stick to their unwritten rule of discussing on one evening and voted on at= the next meeting. There was a co= nsensus to vote.

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MOTION:

(Danevich/Bergeron) To accept the Federal Firefight= ing Grant Award of $56,300.

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VOTE:<= /p>

(5-0-0) The motion carried.

APPOINTME= NT(S)

PUBLIC HE= ARING to accept donation by Edward Herbert at Raymond Park

Mr. Danevich briefly described the purpose of the don= ation and what specific tasks would be addressed by Edward Herbert Associates if= the Selectmen accepted the donation offer of: 1) assist with the dredge/fill p= ermit application with the state; 2) create site specific permit renewal and rel= ated documentation; 3) EPA application will be filled out and submitted to the state for appro= val; 4) locate existing tire storage and map boundaries. Mr. Danevich said that CMA would continue to be the lead engineering firm; Herbert Associates would work wi= th them providing additional support at a volunteer capacity at no cost to the Town.

There was no public input.

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MOTION:

(Danevich/Bergeron) To accept the voluntary donatio= n of professional services by Edward Herbert Associates.

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VOTE:<= /p>

(5-0-0) The motion carried.

Mr. Lynde wanted to know what process would be follow= ed to obtain permission to loam and seed the fields prior to the site specific p= ermit. He discussed the current lack of = field space based upon the increase in participation of the Soccer programs. Mr. McDevitt asked that Mr. Lynde= , Mr. Gaydos, Mr. Danevich and Park & Recreation Director Darren McCarthy di= scuss possible solutions.

Board of = Health, Waiver of Article K / 61 = South Shore Drive

Mr. Gaydos informed that the Waiver of Article K had = been withdrawn indefinitely.

OTHER BUS= INESS

Cooperative Scho= ol Vote

Mr. McDevitt said that members of the Co-op Communica= tion Committee had met with the Selectmen and asked that they take a position regarding the Articles of Agreement. In a discussion at a prior meeting, a majority of the Selectmen fel= t it was appropriate to take a position.

The Selectmen discussed their opinions. Mr. Bergeron didn’t feel th= at the Selectmen, as elected officials to deal with Town (municipal) issues, shou= ld misuse their position to vote on their ‘opinion’ regarding a s= chool issue. Mr. Lynde understood = what Mr. Bergeron was saying, but felt the Selectmen were obligated to take a position because it would impact the ability to fund future programs for t= he Town. He discussed the possi= ble items that would be brought forward to compete for the tax payer’s dollars. He then reviewed the projected costs of a co-op versus a Pelham only high school. Mr. Danevich supported the Select= men taking a position. He felt t= he decision had a dramatic impact on the Town’s tax rate and discussed = the issues that would be brought before the Town. Mr. Derby said the issue would be= brought back before the Selectmen when setting the tax rate. He hoped that the Selectmen took = the prudent steps on the other issues that would be brought forward. Mr. McDevitt felt that people loo= ked to the Selectmen to take leadership, which is why they were elected. He felt this decision may have the single greatest impact on property values. He then reviewed what he discussed at the deliberative session.

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MOTION:

(Lynde/Danevich) To support adoption of the Article= s of Agreement for a co-operative school on September 14, 2004.

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VOTE:<= /p>

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

Baptist= Chur= ch Request to Use Town Common on Old Home Day

Mr. McDevitt said a request had been received by the = Baptist Church to use the Town Common on = September 11, 2004; the Selectmen through a telephone poll gave approval with constraints to be la= id out by the Police Chief.

Award Bac= khoe Bid – Fred Robinson - $7,777.00

Mr. Gaydos said that the old backhoe had been auction= ed through advertisement and sealed bids; fifteen bids were received the high= est being from Mr. Fred Robinson for the amount of $7777 (sealed bids were ope= ned publicly). He said the Selec= tmen had been polled and a majority said to go ahead with the transfer.

Water Dis= trict Legal Fee Payment Request

Mr. Bergeron said last year the Town paid $5000 and e= arlier this year paid $2500. He sai= d the Water District could use the balance of $2500 that the Town thought might = be available in July. Mr. Gaydos reviewed Legal budget which he felt would be over-expended by year’s end. He then reviewed the st= atus of other budgets. Mr. Bergeron = said he was grateful for what the Town had done and discussed what other communiti= es had done. He said he would r= ather have the funds delayed until later, than denied. Mr. McDevitt believed that the Se= lectmen would prefer to wait until closer to the end of the year given the other expenses that came forward during the year. He said an agenda item would be scheduled for the beginning of November.&= nbsp;

Town Reva= luation Warrant Articles

Mr. McDevitt said there was a motion that passed (3-1-0) to place= two warrant articles on the ballot; 1) raise the total funds in one year; 2) raise the funds in a five-year note. H= e read the warrant articles aloud. = Mr. Gaydos asked the Selectmen for their preference between the two warrant articles. Mr. McDevitt said = the Selectmen should take a vote regarding the warrant articles as they appear (with the understanding that wording would by reviewed by Counsel).

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MOTION:

(Lynde/Bergeron) To approve the warrant articles as= they appear (attachment #1 & #2)

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VOTE:<= /p>

(5-0-0) The motion carried.

Reconside= ration of Enforcement Action Vote

Mr. McDevitt said this was not intended to be on the = agenda, but the Selectmen would briefly discuss non-publicly relative to a letter = from Counsel.     <= /p>

Review of= Town Budgets – (Mr. McDevitt believed it was made clear at a prev= ious meeting that the agenda for this evening should have read Vote on Town Bud= gets)

The Selectmen reviewed the requested budget as follow= s:

Assessor – $91,967 - $7500 was added to the new equipment (upgrade software and buy hardware from Vision Appraisal).

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MOTION:

(Danevich/Bergeron) To approve $99,467 as the Assessor’s budget for 2005.

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VOTE:<= /p>

(5-0-0) The motion carried.

Board of Adjustment – $3466

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MOTION:

(Derby/Bergeron) To approve $3466 as the Board of Adjustment’s budget for 2005.

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VOTE:<= /p>

(5-0-0) The motion carried.

Budget Committee – $2457

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MOTION:

(Derby/Danevich) To approve $2457 as the Budget Committee’s budget for 2005.

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VOTE:<= /p>

(5-0-0) The motion carried.

Cable – $57,049

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MOTION:

(Danevich/Lynde) To approve $57,049 as the Cable bu= dget for 2005.

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VOTE:<= /p>

(5-0-0) The motion carried.

Cemetery – The Selectmen don’t vote on th= is budget; separately elected and responsible for their own budget.

Conservation Commission – $16,881

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MOTION:

(Danevich/Lynde) To approve $16,881 as the Conserva= tion Commission budget for 2005.  =

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VOTE:<= /p>

(5-0-0) The motion carried.

Debt Service Interest – $212,190

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MOTION:

(Derby/Bergeron) To approve $212,190 as the Debt Se= rvice (Interest) budget for 2005.

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VOTE:<= /p>

(5-0-0) The motion carried.

Debt Service Principal – $303,500

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MOTION:

(Derby/Bergeron) To approve $303,500 as the Debt Se= rvice (Principal) budget for 2005.  = ;

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VOTE:<= /p>

(5-0-0) The motion carried.

Elections – $17,250 ($6500 of which is for the purchase of replacement booths)

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MOTION:

(Derby/Danevich) To approve $17,250 as the Elections budget for 2005.

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VOTE:<= /p>

(5-0-0) The motion carried.

Emergency Management – $947

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MOTION:

(Derby/Bergeron) To approve $947 as the Emergency Management budget for 2005.  =

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VOTE:<= /p>

(5-0-0) The motion carried.

Fire Department – $1,094,127 It was noted that = the Firefighter/Inspection position was included in the budget. There was a discussion regarding = the Fire Inspector/Code Enforcement position and if it should remain in the Fire Department budget since the Planning Department budget included a full time code enforcement position. F= ire Chief Fisher stepped forward to discuss the position. Mr. McDevitt said he supported a = full time fire inspector and wanted it to happen on purpose, not by accident; he would support a warrant article to that affect.

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MOTION:

(Danevich/Derby) To approve $1,094,127 as the Fire Department budget for 2005.  =

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VOTE:<= /p>

(4-1-0) The motion carried. Mr. Mc= Devitt voted no (he wanted to wait until the Planning Department budget was rev= iewed ).

Health Officer – $4250

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MOTION:

(Derby/Danevich) To approve $4250 as the Health Officer’s budget for 2005. =

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VOTE:<= /p>

(5-0-0) The motion carried.

Health Services – $43,965

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MOTION:

(Danevich/Bergeron) To approve $43,965 as the Health Services budget for 2005.

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VOTE:<= /p>

(5-0-0) The motion carried.

Highway Department – $769,584 – There was= a brief discussion as to if $10,000 should be taken out of equipment repairs since a new truck was being requested; it was decided to keep the funds in= the budget and review the warrant article language.

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MOTION:

(Bergeron/Danevich) To approve $769,584 as the High= way Department budget for 2005.

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VOTE:<= /p>

(5-0-0) The motion carried.

Human Services – $50,875

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MOTION:

(Danevich/Bergeron) To approve $50,875 as the Human Services budget for 2005.

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VOTE:<= /p>

(5-0-0) The motion carried.

Insurance – $1,022,761

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MOTION:

(Danevich/Bergeron) To approve $1,022,761 as the In= surance budget for 2005.

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VOTE:<= /p>

(5-0-0) The motion carried.

Legal – $85,000

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MOTION:

(Danevich/Derby) To approve $85,000 as the Legal bu= dget for 2005.

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VOTE:<= /p>

(5-0-0) The motion carried.

Library – The Selectmen don’t vote on this budget; separately elected and responsible for their own budget.

Park & Recreation – $411,184 – Sugges= ted increase of $6500 to pay for snacks and persons to operate shack (believed= that revenue would offset the amount); suggestion to reduce the new equipment l= ine by $1500 (brush hog).

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MOTION:

(Danevich/Bergeron) To approve $416,184 as the Park= & Recreation budget for 2005.

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VOTE:<= /p>

(5-0-0) The motion carried.

Planning Board – $14,481

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MOTION:

(Danevich/Derby) To approve $14,481 as the Planning= Board budget for 2005.

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VOTE:<= /p>

(5-0-0) The motion carried.

Planning Department – $231,667 (this includes t= he combination of positions so there would be a full-time Building Inspector/= Code Enforcement Officer – eliminating the part-time Building Inspector, = Code Enforcement and Electrical Inspector positions; Plumbing Inspector would be retained). Also the addition= of a Planning Clerk and GIS ($13,000) under new equipment. Mr. McDevitt recognized the need = for GIS, but felt it would complicate things in the department this year with = the addition of a Planning Clerk. There was a brief regarding the department and the requested changes.

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MOTION:

(Bergeron/Danevich) To approve $231,667 as the Plan= ning Department budget for 2005.

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VOTE:<= /p>

(4-1-0) The motion carried. Mr. Mc= Devitt voted no (he didn’t feel the GIS should be included – otherw= ise, he supported the budget). =

Police Department – $2,059,430. It was noted if the budget was ap= proved the Selectmen with a Captain position, the Selectmen would be approving the money for, but not the position itself (which would be negotiated through = the union contract). There would= be no commitment to creating the position. The supplies line (postage) item was reduced by $140.

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MOTION:

(Derby/Danevich) To approve $2,059,290 as the Police Department budget for 2005.

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VOTE:<= /p>

(5-0-0) The motion carried.

Retirement – $439,914

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MOTION:

(Derby/Danevich) To approve $439,430 as the Retirem= ent budget for 2005.

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VOTE:<= /p>

(5-0-0) The motion carried.

Selectmen – $339,576 ($405,000 shared revenue t= aken in from the state – rooms and meals tax – not offset from the Selectmen’s budget). T= he Selectmen will have a discussion at a later meeting regarding the Town Report conten= ts and distribution costs.

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MOTION:

To approve $339,576 as the Selectmen’s budget= for 2005.

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VOTE:<= /p>

(5-0-0) The motion carried.

Sen= ior Center – $65= ,412

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MOTION:

(Danevich/Derby) To approve $65,412 as the Senior Center budget for 2005.

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VOTE:<= /p>

(5-0-0) The motion carried.

Tax Collector – $79,264

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MOTION:

(Derby/Bergeron) To approve $79,264 as the Tax Coll= ector budget for 2005.

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VOTE:<= /p>

(5-0-0) The motion carried.

Tow= n Building – $= 381,303 - $6500 added for maintenance of Lyons Memorial Park. Mr. Gaydos noted that the quote f= or an expanded security system had not yet been received – the Selectmen w= ill discuss at a later meeting. =

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MOTION:

(Danevich/Bergeron) To approve $387,803 as the Town Building budget for 2005.

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VOTE:<= /p>

(5-0-0) The motion carried.

Town Celebrations – $8045

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MOTION:

(Derby/Bergeron) To approve $8045 as the Town Celeb= rations budget for 2005.

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VOTE:<= /p>

(4-0-1) The motion carried. Mr. McDevitt abstained (his wife presented the Independence Day Celebration budget).

Town Clerk – $82,494

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MOTION:

(Derby/Danevich) To approve $82,494 as the Town Cle= rk budget for 2005.

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VOTE:<= /p>

(5-0-0) The motion carried.

Transfer Station – $530,945

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MOTION:

(Derby/Danevich) To approve $530,945 as the Transfer Station budget for 2005.

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VOTE:<= /p>

(5-0-0) The motion carried.

Treasurer – $7500

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MOTION:

(Danevich/Bergeron) To approve $7500 as the Treasur= er budget for 2005.

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VOTE:<= /p>

(5-0-0) The motion carried.

Trust Funds – $95

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MOTION:

(Derby/Danevich) To approve $95 as the Trust Funds = budget for 2005.

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VOTE:<= /p>

(5-0-0) The motion carried.

Garden Cl= ub Request

Mr. McDevitt said a letter had been received by the G= arden Club that was a proposal to donate plantings (time and materials) along the front of the Planning Office (formerly Sherburne School). He said an agenda item would be s= et, and suggested that the Selectmen waive the public hearing, since public hearing were to ensure that there are no conflicts of interest; there are no confl= icts.

Handicap Accessibility to voting at Memorial School

Mr. McDevitt said the Selectmen had received a letter regarding handicap accessibility to voting at Memorial School. He said the majority of the issue= s had been addressed and would be taken care of. A couple items would require a physical change to the doorways at <= st1:place w:st=3D"on">Memorial School; the Town was in contact w= ith the state to see if there were some short-term fixes. Mr. McDevitt said he would discus= s with Mr. Gaydos what needed to be done before September 14, 2004.

TOWN ADMINISTRATOR’S REPORT / SELECTMEN’S REPORTS

Mr. Gaydos reported that the negotiations with Mr. Ma= honey, the developer of Robin Ro= ad and Honey Lane, had broken down. He believed= the Planning Board would discuss what action would take place at their next meeting. He believed some wo= rk could still be done this year. He ended by noted that there was a high turn-out for the Park & Recreation Soccer Program.

Mr. Bergeron thanked the Department Heads for the wor= k and promptness of their budgets.

Mr. Derby had no report.

Mr. Danevich informed that the Assessor’s data = base was now available on the web (after free registration) which will dramatic= ally increase accessibility. He r= eviewed the first quarter sales prices in Pelham and pointed out that the Town was number one for the first time.

Mr. Lynde reminded people that Old Home Day would be = held September 11, 2004 beginning at 9am.= He said a letter had been receive= d by Carol Murray following up on the meeting with GEOD and provided a possible short term solution. He prov= ided Mr. Gaydos with the letter (even though all the Selectmen were listed on t= he letter, the members didn’t receive a copy).

Mr. McDevitt said he and Mr. Bergeron reviewed the Town Center area and came up with a possibility that may help the center. He said they would discuss furthe= r at an upcoming meeting.

<= /o:p>

REQUEST FOR NON-PUBLIC SESSION

MOTION:

(Danevich/Bergeron) Request for a non-public sessio= n per RSA 91-A:3,II, c & e (Matters which, if discussed publicly, would af= fect adversely the reputation of any person; Consideration or negotiation of pending claims of litigation)

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ROLL CALL:=

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

Mr. McDevitt noted that when the Board returned, afte= r the non-public session, the Board would not take any other action publicly, ex= cept to seal the minutes of the non-public session and to adjourn the meeting.<= span style=3D'mso-spacerun:yes'> The Board entered into a non-publ= ic session at approximately 9:= 05 pm. Also present was Mr. Gaydos.

The Board returned to public session at approximately= 9:34 pm.

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MOTION:

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

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VOTE:<= /p>

(5-0-0) The motion carried.

ADJOURNME= NT

MOTION:=

(Bergeron/Lynde) To adjourn the meeting.

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VOTE:

(5-0-0) The motion carr= ied.

The meeting was adjourned at approximately 9:34 pm.

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

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

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