BOS Minutes 12-17-2004

APPROVED

TOWN OF PELHAM

BOARD OF SE= LECTMEN MEETING

MINUTES

December 7, 2004

APPROVED – January 4, 2005

CALL TO ORDER

PLEDGE OF ALLEGIANCE

PRESENT:

Mr. William McDevitt, Mr. Jean-Guy Bergeron, Mr. Ric= hard Derby, Mr. Harold Lynde, Mr. Tom Gaydos, Town Administrator

Also present:

ABSENT:

There were no persons present.

Mr. Victor Danevich

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

MINUTES RE= VIEW

November 30, 2004

MOTION:<= o:p>

(Lynde/Bergeron) To approve the November 30, 2004 meeting = minutes as amended.

VOTE:

(4-0-0) The motion carri= ed.

The amendments to the minutes were as follows: page 2 – motion regarding Article A should read motion failed; page 3 – the word the shall be deleted and the word was shall be inserted into: ‘…questioned the money = left in the…’ shall now read ‘…questioned why money was = left in the…’

OPEN FORUM=

None.

APPOINTMEN= TS

None.

PUBLIC HEA= RING(S):

Acceptance= of Fineman land gift – Map 9 Lot 9-9<= span style=3D'mso-spacerun:yes'> - 1^st Hearing

Mr. McDevitt explained that in the past, as a result f= rom a subdivision (off Simpson M= ill Road) there was a parcel of land that was to be donated to the Town. In researching, it could not be determined whether the requisite actions, including the public hearing, had ever been held by the Selectmen, which needed to be corrected. Mr. McDevitt said Article 39 (2004 Warrant) adopted the provisions of RSA 41:14-a which authorized the Selectm= en to acquire land by donation provided they first submit the proposed acquisi= tion to the Planning Board and the Conservation Commission for review and recommendation and that two public hearings are held. He said the lot had previously been reviewed by both the Planning Board and the Conservation Commission. He opened the public hearing. There were no persons present.

Mr. Lynde noted that the land abutted prime wetlands a= nd believed that it resulted from the Conservation Commission having input wit= h the subdivision process.

Mr. Bergeron said he was glad that it was caught and procedures were being followed.

Mr. McDevitt concluded the public hearing and noted th= ere would be an additional public hearing scheduled for December 14, 2004 so the Sel= ectmen could then accept the parcel.

Acceptance= of Plotter as a gift from Nashua<= /st1:City> Regional Planning Commission (NRPC)

Mr. McDevitt said there was also a donation policy that required any donation with a value in excess of $500 required a public hear= ing prior to its acceptance. He s= aid NRPC had offered the Town a plotter (large printer that was capable of prin= ting maps etc.). He said because N= RPC was anxious to get rid of it, the Town already had it, however the Selectmen still needed to vote to accept it. If for some reason it was not accepted, the plotter would be sent back. The public hearing was opened. There were no persons present.

Mr. Derby felt the plotter was a valuable piece to hel= p the Town with GIS mapping. Mr. Ly= nde felt it was a great gift. Mr. Bergeron said the machine appeared to be in good shape and was glad for the donation.

Mr. McDevitt concluded the public hearing. The Selectmen would vote regarding= the plotter at the = December 14, 2004 meeting.

OTHER BUSI= NESS

Winter Par= king Ban

It was announced that by Ordinance it shall be unlawfu= l for the owner, operator, or person in charge of any motor vehicle, except in ca= se of emergency, to park on any public street or highway on any day between the hours of 12midnight-7am during the period from December 1^st to A= pril 1^st, annually. The= re will be a fine of $25 and the vehicle would be towed at the owner’s expense.

Conservation Land<= /st1:PlaceType> Purchase Policy

Mr. McDevitt over the past months (since Article 5 pas= sed at the 2004 Town Meeting granting the Conservation Commission the ability to purchase land for open space) questions had been raised regarding the roles= of the Conservation Commission, Open Space Committee and individuals. He said because considerable amoun= ts of money was being used to purchase large pieces of land the Selectmen should = be careful and scrupulous in how they dealt with it.&= nbsp; He believed they had done a good job so far. He read a proposal aloud (Attachme= nt #1).

After a brief discussion regarding the wording, Mr. Mc= Devitt said he would like the Selectmen to wait until the next meeting before maki= ng final action.

Review of = Budget Committee Vote

Mr. Gaydos provided the Selectmen with the Budget Comm= ittee votes regarding the submitted Warrant Articles and went on to review such.<= span style=3D'mso-spacerun:yes'> (See Attachment #2). The Selectmen briefly discussed th= e votes and how they would now proceed. Mr. Gaydos suggested that the Selectmen consider the warrant articles and if th= ey want to withdraw any based upon the new law that had gone into affect.

Placement = of Warrant Articles

Mr. Gaydos understood that there were numerous warrant articles coming from the Planning Department (regarding zoning). He suggested that the Selectmen fi= nd out how many there would be and make a decision regarding how the warrant artic= les would be placed.

Review Mee= ting Schedule

The Selectmen discussed the deadline dates for warrant article submission. At the ca= ll of the Chair, the Selectmen will not meet on December 21^st or Decem= ber 28^th.

Merrimack = Regional Water District contribution

Mr. Bergeron said the Town had made a legal fee contri= bution in the amount of $2500 to the Merrimack Valley Regional Water District but = had committed to a total of $5000. He said that he had brought the issue up in the past and was asked to wait unt= il later in the year; he was now inquiring if the Town would be able to contri= bute the balance of the contribution commitment ($2500) for legal fees. Mr. Gaydos said funds could be transferred from another budget line item.= There were no objections.

=

MOTION:=

(Bergeron/Lynde) To pay the final balance of $2500 f= or this year’s contribution to the Merrimack Valley Regional Water District.

=

VOTE:

(4-0-0) The motion carried.

TOWN ADMINISTRATOR’S REPORT / SELECTMEN’S REPORTS=

Mr. Gaydos announced that the Town’s insurance c= ompany recommended review would take place on Thursday and Friday. Appropriate Department Heads would= be interviewed and the Town would receive a report shortly thereafter. The review will be done at no cost= to the Town.

Mr. Bergeron noted that the Pelham Senior Citizens held their Christmas party at Harris’ Inn which was well attended.

Mr. Derby, Mr. Lynde and Mr. McDevitt had no reports.<= span style=3D'mso-spacerun:yes'>

REQUEST FOR NON-PUBLIC SESSION

MOTION:=

(Derby/Lynde) Request for a non-public session per R= SA 91-A:3,II,d (Consideration of acquisition, sale or lease of property)

=

ROLL CALL:<= /b>

Mr. McDevitt-Yes; Mr. Bergeron-Yes; Mr. Derby-Yes; M= r. 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:= 30 pm. Also present was Mr. Gaydos.

The Board returned to public session at approximately = 8:00 pm.

=

MOTION:=

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

=

VOTE:

(4-0-0) The motion carried.

ADJOURNMEN= T

MOTION:<= o:p>

(Bergeron/Derby) To adjourn the meeting.

=

VOTE:

(4-0-0) The motion carri= ed.

The meeting was adjourned at approximately 8:00 pm.

   &nbs= p;            &= nbsp;           &nbs= p;         &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp; Respectfully 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