BOS Minutes 11-23-2004

APPROVED

TOWN OF PELHAM

BOARD OF SE= LECTMEN MEETING

MINUTES

November 23, 2004

APPROVED – November 30, 2004

CALL TO ORDER

PLEDGE OF ALLEGIANCE

PRESENT:

Mr. William McDevitt, Mr. Victor Danevich, Mr. Jean-= Guy Bergeron, Mr. Richard Derby, Mr. Harold Lynde, Mr. Tom Gaydos, Town Administrator

Also present:

ABSENT:

Members of the press and general public.

None.

&nbs= p;

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

MINUTES RE= VIEW

November 9, 2004

MOTION:<= o:p>

(Derby/Bergeron) To approve the November 9, 2004 meeting m= inutes as written.

VOTE:

(5-0-0) The motion carri= ed.

November 15, 2004

MOTION:<= o:p>

(Danevich/Lynde) To approve the November 15, 2004 meeting= minutes as amended.

VOTE:

(5-0-0) The motion carri= ed.

Amendments to the minutes we= re as follows: Article M – motion made by Derby/Danevich; Article W R= 11; motion made by Danevich/Bergeron; Article X – motion made by Danevich/Bergeron; Article Z – motion made by Danevich/Lynde; Page 3 – Article K – the word ‘not’ shall replace the word ‘no’ in the following ‘…although he was not present…’; page 4 – under Article O – the words ‘…and withdraw the mo= ney from the Health Department..’ shall be replaced with ‘…and modify it and appropriate the money through the Health Department.’ <= /p>

OPEN FORUM=

None.

APPOI= NTMENTS

Set Hearin= g Dates for Bonds (Before January 11, 2005)

Mr. Gaydos explained that any bonds over $100,000 requ= ired a public hearing, which needed to be held before January 11, 2005.

The hearing date would be scheduled for December 14, 2004.

Set Hearin= g Dates for Property Acceptance (Before January 11, 2005)

Mr. Gaydos discussed the need for a public hearing to = accept land donations based on a warrant article (Article #39 – in accordance with RSA 41:14a) that had passed at Town Meeting and authorized the Selectm= en to accept land by donation, provided that the Selectmen first submit the pr= oposed acquisition to the Planning Board and Conservation Commission for review and recommendation; as well as holding two public hearings. He said both the Planning Board and Conservation Commission had previously reviewed and recommended the accepta= nce of the piece of property which unfortunately ‘slipped through the cracks’. He felt it sho= uld be adopted under the new policy, not the old.=

Mr. McDevitt said the property was on Simpson Mill Road (Map 9, Lot 9-9) containing 17.99 acres that had been part = of a subdivision; it didn’t appear that the public hearing had been held at the time.

Mr. Lynde questioned if the Selectmen needed a motion = to abate the taxes for 2004. Mr. Gaydos said he would include the tax abatement vote in the public hearing notice.

The two public hearings would be scheduled for December 7, 2004 and December 14, 2004.

OTHER BUSI= NESS

Grant Acce= ptance – Skate Park

Mr. Danevich said the paperwork had been received from= Hillsborough County Grant (in the amount of $47,000) and asked that the Selectmen accept it.

MOTION:<= o:p>

(Danevich/Bergeron) To accept the grant from Hillsborough Count= y (in the amount of $47,000) for the Skate Park.

VOTE:

(5-0-0) The motion carri= ed.

Mr. McDevitt signed the paperwork and gave it to Mr. Danevich.

NRPC donat= ion – plotter

Mr. Danevich informed that NRPC had donated a (used) p= lotter to the Town (because NRPC acquired a new one). He said it was the first (and prob= ably most critical) piece of hardware toward the GIS system.

Mr. Gaydos will schedule a public hearing (for the don= ation) for December 7, = 2004.

Highway Depar= tment Building Article

Highway Road Agent Don Foss met with the Selectmen to discuss the submitted warrant article that requested $672,000 for the construction of a garage for the Highway Department. He explained the reason for the wa= rrant article and the importance of the building, which would house the current equipment (valued at approximately $500,000). He also noted the importance of qu= ick response time to emergency calls. The proposed building could easily house ten vehicles; the structure would be 80ft.x120ft; nine 14ft.x 16ft. overhead doors. It was noted that the Senior Citizen’s bus could also be housed in the garage. Mr. Foss believed the building wou= ld also be adequate to store the vehicles in the future (ten or twenty years). He then explained whe= re the building would be located. It= was noted that the garage would also have a wash bay. The septic would hook into the exi= sting system.

Mr. Danevich confirmed if the warrant article was appr= oved by the voters that it would be submitted to the Planning Board per RSA 674:= 54 (Governmental land use change). Mr. Gaydos answered yes.

Mr. Bergeron asked how the garage would be heated. Mr. Foss said it would be heated w= ith gas.

Mr. Gaydos said, if approved, there would be no extras (contingencies) because the building was pre-engineered. He said bidders would be pre-quali= fied and bid on specific items. He= said the difference in the price from the amount in April was because the price of s= teel and concrete had increased. H= e also noted that the estimate included an amount for oversight of the project. He said certain items (i.e. asphal= t) the Town could purchase on its own and not be bid out. He expected that the price would c= ome in under the requested amount. <= /p>

Mr. Lynde asked if there was an estimate of the operat= ing costs. Mr. Gaydos said he cou= ld get a breakdown. Mr. Lynde questi= oned how the heating system would be. Mr. Foss said there would be four overhead heaters in the garage. He discussed the building’s construction and noted that it would be well insulated.

Mr. McDevitt said the Selectmen needed to discuss how = the warrant article would be submitted; either raise and appropriate the money = in one year, or over a period of time. He read the proposed warrant article aloud and noted that the $672,0= 00 cost would equal $1 on the tax rate.

Mr. Lynde felt the cost should be spread out over a pe= riod of time. It was noted that a = bond vote would require 3/5 (60%) to pass. Mr. Danevich pointed out that the ballot would be containing a lot of big ticket items this year. M= r. Bergeron said a garage had been discussed in the past, but the Town didn’t have the equipment it does now. He= felt it would be a good thing to get started and protect the equipment this year= . He favored a majority vote raising= the funds in one year. He believe= d the Town would have better service with the garage. Mr. Danevich was concerned with long-term debt and wanted the Selectmen to be pro-active; he agreed with Mr. Bergeron to fund through a simple majority. It was noted to reach the debt lim= it the Town would have to reach approximately $35,000,000 (3%); the debt limit for= the Town and School combined would be over $100,000,000. Mr. McDevitt preferred borrowing f= or a short term.

Mr. Bergeron made a motion to support the warrant arti= cle and fund $672,000 in one year. Mr. Danevich seconded the motion.

MOTION:<= o:p>

(Bergeron/Danevich) To support the warrant article as written; to raise and appropriate the sum of $672,000 in one year for the construction of a Highway Department garage.

VOTE:

(3-2-0) The motion carried. Mr. McDevitt and Mr. Lynde voted no.

Discussion= of Architectural Costs & Fees for New Fire Station

Not discussed.

Review of = Warrant Articles

The Selectmen reviewed warrant article K – To raise and appropriate the sum of $3= 0,000 to pay for the cost to clean up an illegal tire dump, including oversight c= osts and the costs of disposing of tires and other unsuitable material, in a por= tion of the Elmer G. Raymond Park known as the J. Albert Lynch Addition to the E= lmer G. Raymond Park. Mr. McDe= vitt said Mr. Danevich had asked if there might be some recovery to offset it. Because he didn’t know if th= ere would ever be any recovery, he was unsure how to amend the warrant article wording.

Mr. Lynde said a fund had been set up years ago to pay= for the maintenance of the park and questioned why it couldn’t be used to fund the clean up. Mr. McDevi= tt said it might be possible to amend the article.= Mr. Bergeron asked when the clean up had to be done. Mr. McDevitt said the Town would e= ither be required to cap it (as a post 1981 land fill), or clean it up; the date = was not known. Mr. Bergeron quest= ioned if the warrant article covered both choices (cap or clean). Mr. McDevitt said the warrant arti= cle did not contain both choices; he noted that the cost for capping was unknow= n but would require eternal maintenance; however, if it is cleaned up, it’s= gone. He felt it was better to just get = rid of it. Mr. Bergeron asked if the= re would be other official opinions as to what action would be better. Mr. McDevitt said CMA could be ask= ed to provide an opinion. He believ= ed Mr. Musselman provided an informal opinion (on the telephone) to clean it up.

MOTION:<= o:p>

(Danevich/Derby) To submit Article K ($30,000 to pay= for the cost to clean up an illegal tire dump including oversight and disposal costs for the tires and unsuitable materials) for placement on the 2005 T= own Warrant

VOTE:

(5-0-0) The motion carri= ed.

The Selectmen reviewed warrant article A – To see if the Town will vote to raise = and appropriate the sum of $565,000 for the purpose of funding a state mandated town wide property revaluation and to further authorize the Selectmen to is= sue bonds or notes in the same amount; to authorize the Selectmen to negotiate a term not to exceed 5 years; the interest rate; and other actions necessary = to create said bonds or notes, and additionally to raise and appropriate the s= um of $140,000 to fund the first years principle, interest and associated cost= s? Should this bond be approved by the voters the operating budget will be decreased by $565,000 (3/5 vote require= d).

It was noted that the Selectmen voted (on November 15, 2004) to place the article on the warrant, but the amount of time was not voted on. Mr. Gaydos said the Selectmen had discussed and voted to place the $565,000 into the operating budget (which would be discussed during reconsideration); the warrant article was to prov= ide the voters with a choice to pay the amount over a period of time. Mr. McDevitt said the Selectmen ne= eded to discuss the amount of time to pay for the revaluation. Mr. Gaydos discussed the requireme= nts for the revaluation, which had to be done every ten years.

Mr. Lynde made a motion to bond the revaluation cost o= ver five years. There was no seco= nd. Mr. Bergeron made a motion to supp= ort a warrant article to pay the amount in one year. There was no second. Mr. McDevitt noted that there was = no requirement for the Board to take any position about the term of the bond, = just as was done with the Muni= cipal Building. Mr. Danevich questioned if the $14= 0,000 to fund the first year would lock the Town into a five-year term. Mr. Gaydos said the $140,000 would= give a block of money in April and provide options (i.e. encumber money and pay = just the interest the first year; provide an amount to put down). Mr. Danevich asked if it would tak= e any options away. Mr. Gaydos said= it would provide more options. M= r. McDevitt said he would like the Selectmen to take a position regarding the article as written.

There was further discussion regarding the warrant art= icle and how the Selectmen wanted to proceed.&n= bsp; It was noted that the $565,000 was not currently in the Operating Budget, but it would be discussed with the Budget Committee during reconsideration. It was noted= that Mr. Derby and Mr. Gaydos would both be present at the Budget Committee meet= ing during reconsideration. Mr. D= erby said he was an advocate that the amount should be raised in one year.

MOTION:<= o:p>

(Derby/Lynde) To support warrant article A and leave= it on the warrant as it is presently written.&= nbsp;

VOTE:

(4-1-0) The motion carried. Mr. Bergeron voted no.

Mr. McDevitt reviewed Article R in which the phrase ‘to replace an old truck at the Highway Department’ had been ad= ded: To see if the town will raise and appropriate the sum of $53,488 to purchase a 17,500lb. GVW dump truck with = dump body and plow to replace an old truck at the Highway Department. There = was no disagreement to the added language.&nbs= p;

It was noted that Article AE had been moved into the operating budget.

The Selectmen reviewed Article AF – To see if the Town will vote to hire a= full time Building Inspector / Electrical Inspector / Code Enforcement Officer in the Planning Department at a cost of $45,000 including wages and benefits a= nd to eliminate the part-time positions of Code Enforcement Officer, Building Inspector and Electrical Inspector. Should this Article be approved, $28,071 of stipends and mileage reimbursement will be removed from the operating budget.

It was noted that $45,000and $28,071 was the cost for = nine months.

MOTION:<= o:p>

(Bergeron/Lynde) To support warrant article AF as wr= itten.

VOTE:

(5-0-0) The motion carri= ed.

The Selectmen reviewed Article AG and made a minor ame= ndment so it would read as follows: To see= if the town will vote to raise and appropriate the sum of $13,440 for the purp= ose of hiring an unscheduled, part time maintenance worker for minor repairs and maintenance of Town buildings.

MOTION:<= o:p>

(Danevich/Lynde) To support warrant article AG as am= ended for placement on the 2005 Town Warrant.&= nbsp;

VOTE:

(5-0-0) The motion carri= ed.

The Selectmen reviewed Article AH and amended the words ‘welfare administrator’ to read ‘welfare case worker̵= 7; : To see if the town will vote to rai= se and appropriate the sum of $5,850 for the purpose of hiring an unscheduled, part-time welfare case worker to assist the Town Administrator in overseeing the following up with certain welfare cases and to coordinate activities wi= th other assistance agencies to more efficiently provide assistance to deservi= ng applicants with the goal of containing town welfare costs.

MOTION:<= o:p>

(Danevich/Derby) To submit Article AH for placement = on the 2005 Town Warrant.=

VOTE:

(5-0-0) The motion carri= ed.

The Selectmen then addressed the 2005 default budget f= igure in the event that the operating budget didn’t pass. Mr. Gaydos provided the Selectmen = with a breakdown that totaled: $7,892,638.

MOTION:<= o:p>

(Derby/Danevich) To include the default budget as pa= rt of warrant article AC.

VOTE:

(5-0-0) The motion carri= ed.

TOWN ADMINISTRATOR’S REPORT / SELECTMEN’S REPORTS=

Mr. Gaydos informed the Selectmen that Mr. Yarmo and M= r. Gagnon wanted to speak to the Selectmen in non-public session at the next meeting to discuss parcels in negotiation for purchase.

Mr. Bergeron had no report.

Mr. Derby pointed out that tax bills were due by December 1, 2004.

Mr. Danevich reminded residents that the Transfer Stat= ion would be closed November 25& 26, 2004.

Mr. Lynde had no report.

Mr. McDevitt thanked the Garden Club for the work they= did over the last few months as well as the work on the common putting up the Christmas display.

REQUEST FOR NON-PUBLIC SESSION

MOTION:=

(Danevich/Lynde) Request for a non-public session pe= r RSA 91-A:3,II, a & e (Personnel; Consideration or negotiation of pending claims or litigation)

ROLL CALL:<= /b>

Mr. McDevitt-Yes; Mr. Danevich-Yes; Mr. Bergeron-Yes= ; Mr. Derby-Yes; Mr. Lynde-Yes

Mr. McDevitt noted that when the Board returned, after= the non-public session, the Board would not take any other action publicly, exc= ept to seal the minutes of the non-public session and to adjourn the meeting. The Board entered into a non-public session at approximately 8:= 10 pm. Also present was Mr. Gaydos.

The Board returned to public session at approximately = 9:20 pm.

MOTION:=

(Danevich/Lynde) To seal the minutes of the non-publ= ic session indefinitely.

VOTE:

(5-0-0) The motion carried.

ADJOURNMEN= T

MOTION:<= o:p>

(Danevich/Lynde) To adjourn the meeting.

VOTE:

(5-0-0) The motion carri= ed.

The meeting was adjourned at approximately 9:20 pm.

&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; Respe= ctfully submitted,

&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; Chari= ty A. L. Willis

&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; Recor= ding Secretary