BOS Minutes 11-30-2004

APPROVED

TOWN OF PELHAM

BOARD OF SE= LECTMEN MEETING

MINUTES

November 30, 2004

APPROVED – December 7, 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 6:30 pm.

MINUTES RE= VIEW

November 23, 2004

MOTION:<= o:p>

(Lynde/Bergeron) To approve the November 23, 2004 meeting = minutes as amended.

VOTE:

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

The amendments to the minutes were as follows: page 1 = bottom – the sentence reading ‘

Mr. Gaydos said discussed a warrant article…R= 17; was modified to read ‘Mr. Gaydos discussed the need for a public hear= ing to accept land donations based on a warrant article…’; page 2 bottom – the sentence reading ‘He said the difference in the pr= ice was from the amount in April; since that time the price of steel and concre= te and increased.’ was amended to read ‘He said the difference in = the price from the amount in April was because the price of steel and concrete had increased.’

OPEN FORUM=

None.

WARRANT AR= TICLE REVIEW

Mr. McDevitt said items were brought up at the Budget = Committee meeting that needed a response from the Selectmen. The first item was regarding Artic= le 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 issue bonds or notes in the same amount; to authorize the Selectmen to negotiate a term not to exceed 5 years; the inte= rest rate; and other actions necessary to create said bonds or notes, and additionally to raise and appropriate the sum of $140,000 to fund the first years principle, interest and associated costs? Should this bond be approve= d by the voters the operating budget will be decreased by $565,000. (3/5 vote required)

Mr. McDevitt said there was a strong feeling amongst t= he members of the Budget Committee that if they were to approve the article it would be that the term of the bond/note would not exceed two years. He said this article would bear a recommendation by the Selectmen and the Budget Committee. He urged the Selectmen to reconsid= er their vote on Article A, as well as to consider substituting two years for = the five years.

MOTION:=

(Danevich/Derby) To reconsider the Selectmen’s= vote regarding Article A (revaluation for $565,000).

VOTE:

(4-1-0) The motion carried. Mr. Lyn= de voted no.

Mr. Danevich made a motion to revise the wording of Ar= ticle A to not exceed two years. Mr. Bergeron seconded the motion. He said the reason he voted against the article the first time was because it would have required a 3/5 vote. He asked if the wording could be revised to raise the money in one year. Mr. McDevitt asked that the motion= be acted upon. Mr. Gaydos believ= ed there was a positive feeling (by the Budget Committee) about placing the fu= nds in the budget and if the Selectmen approved, the warrant article would be negated. He said there was so= me concern if the warrant article was defeated and the amount of the revaluati= on was less than the $565,000 the Budget Committee wanted a pledge that the mo= ney would not be diverted to other operations within the Town. He said it was not the intention to divert any of it to anything other than the revaluation. He said the Budget Committee was favorable about putting it in the operating budget as well as providing the voter with the option to bond (not more than two years). The Budget Committee would not tak= e the vote to place the money into the budget until reconsideration (January, 200= 5).

Mr. Bergeron said he would be voting against the revis= ion because it would still require a 3/5 vote.= He was looking for a safety net so that the article would not fail again.

MOTION:=

(Danevich/Bergeron) To amend the term of Article A t= o not exceed two years.

VOTE:

(2-3-0) The motion failed. Mr. Berg= eron, Mr. Lynde and Mr. Derby voted no.

Mr. Lynde asked if the warrant article would be subjec= t to amendment on Town Meeting floor. Mr. Gaydos said he would get the answer; he was unsure if an article could be amended up (in amount).

Mr. Bergeron made a motion to amend Article A to raise= the $565,000 in one year. There w= as no second. Mr. McDevitt said the warrant article could be withdrawn completely and ask the Budget Committee = at reconsideration to place the amount in the Operating Budget.

Mr. Derby made a motion to withdraw the warrant articl= e and ask the Budget Committee to reconsider inserting the $565,000 into the Operating Budget. Mr. Bergeron seconded the motion. Mr. Dane= vich questioned what would happen if the operating budget failed. Mr. Gaydos said the default budget= would then be in place. Mr. McDevitt pointed out that the default budget didn’t include the revaluation. He questioned if the statutes prov= ide for the Selectmen to hold a special town meeting didn’t approve the budget warrant article. Mr. L= ynde believed that SB2 allowed a special meeting to be held for the operating bu= dget only and not any of the other warrant articles. He said if the Selectmen withdraw = the article they would have to hope that the Budget Committee put the $565,000 = in the Operating Budget. Mr. Ber= geron believed, based on what had been said tonight, that the Budget Committee wo= uld vote favorably to put the revaluation amount in the Operating Budget.

Mr. McDevitt said he would rather have a warrant artic= le, rather than not have anything. Mr. Derby suggested taking a vote that essentially states if the Budget Committ= ee didn’t include the revaluation money in the Operating Budget then the Selectmen would add the article to do the revaluation back on the warrant.<= span style=3D'mso-spacerun:yes'> Mr. McDevitt said putting an artic= le back in was typically more difficult than taking one out. He noted that the bond public hear= ing was scheduled for December 14, 2004.

Mr. Danevich said if Selectmen reconsidered Mr. Bergeron’s earlier motion to raise and appropriate the money in one y= ear, it would be on the ballot; the amount would not need to be added to the def= ault budget and it would provide the voters with a yes/no vote and a bond would = not need to be done. Mr. Bergeron= said there would be no need for a public hearing. Mr. Derby withdrew his earlier motion. Mr. Bergeron withdrew his second.

Mr. Danevich made a motion to change the wording of Ar= ticle A to raise and appropriate the $565,000 in one year for the revaluation. Mr. Bergeron seconded the motion.<= span style=3D'mso-spacerun:yes'> Mr. Danevich clarified that the Selectmen would ask the Budget Committee to reconsider adding the $565,000 = into the Operating Budget. Mr. McD= evitt believed the Budget Committee would consider also putting the amount in the budget. Mr. Danevich said the Budget Committee would not need to be asked to put the money in the budget = if his motion passed; it would be clear and simple.

MOTION:<= o:p>

(Danevich/Bergeron) To change the current wording for Article A to raise and appropriate the money in one year. ‘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.’<= /o:p>

VOTE:

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

Mr. McDevitt said there was also a question regarding Article E: ‘To see if the Tow= n will vote to raise and appropriate the sum of $5000 to be placed in the Town Building Emergency Repair Capital Reserve Fund as established by the 2004 T= own Meeting on Warrant Article 14?’ He said the Budget Committee questioned why money was left in the Municipal Building Capital Reserve Fund.&n= bsp; Mr. Gaydos said the fund had $22,683 plus interest. Mr. McDevitt believed the article = should be re-written to read that the money would come from the Municipal Building= Capital Reserve Fund thereby having no tax impact.= The Selectmen appeared to be in favor of moving the entire amount fr= om the Municipal Capital Reserve Fund (closing it out) and placing it into the Town Building Emergency Repair Capital Reserve Fund. Mr. McDevitt said Article E would = be re-written and the Selectmen would be polled via telephone.

Mr. McDevitt informed that the Budget Committee was gi= ven a handout prepared by Mr. Gaydos that summarized how the fund balance was calculated and what the 5% represented, what was left over and why it had n= ot been applied. He said the Bud= get Committee would still need to be asked during reconsideration to put the $250,000 back into the budget.

TOWN ADMINISTRATOR’S REPORT / SELECTMEN’S REPORTS=

There were no reports given.

REQUEST FOR NON-PUBLIC SESSION – regarding parce= ls of land being considered for acquisition

MOTION:=

(Derby/Bergeron) Request for a non-public session pe= r RSA 91-A:3,II,d (Consideration of acquisition, sale or lease of property)

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 7 p= m. Also present was Mr. Gaydos.

The Board returned to public session at approximately = 8:35 pm.

MOTION:=

(Bergeron/Danevich) To seal the minutes of the non-p= ublic session indefinitely.

VOTE:

(5-0-0) The motion carried.

ADJOURNMEN= T

MOTION:<= o:p>

(Bergeron/Danevich) To adjourn the meeting.

VOTE:

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

The meeting was adjourned at approximately 8:35 pm.

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

&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &= nbsp; Charity A. L. Willis

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