BOS Minutes 11-29-2005

APPROVED

TOWN OF PELHAM

BOARD OF SE= LECTMEN MEETING

MINUTES

November 29, 2005

APPROVED – February 14, 2006

CALL TO ORDER

PLEDGE OF ALLEGIANCE

PRESENT:

Mr. Victor Danevich, Mr. Harold Lynde, Mr. Jean-Guy Bergeron, Mr. Edmund Gleason, Mr. Tom Domenico, Mr. Tom Gaydos – To= wn Administrator, Ms. Janet Gallant, Town Financial Supervisor

Also present:

ABSENT:

Members of the press and general public.

None

MINUTES RE= VIEW

Deferred.

OPEN FORUM=

None.

APPOINTMEN= T(S)

U.S. Postal Service – E911 Updat= e

Mr. Danevich said that there was a pending implementat= ion (which the Selectmen were not ready to adopt) and questions about the E911 system (Enhanced 911). He ask= ed the Post Office representatives to provide an overview of the project.

Post Master Kevin Foster and Window Clerk Doug Masson = met with the Selectmen to discuss E911. Mr. Foster discussed what the Post Office could provide to the Town = during the transition period with regard to the program, if approved. The process would take approximate= ly three months. A general maili= ng would be sent to all affected residents in Town which explains the process. Mail will not be mis= -sorted; both addresses will be recognized during the transition.

Mr. Danevich asked if there would be any change in pro= cess for businesses (minor operation, or larger business). Mr. Masson said most businesses in= Town had post office boxes. If an address is changed, a business will be affected.

The Post Office wanted to be involved from the start o= f the process (which would take approximately 90-days). Mr. Foster said the Post Office wa= nted to know the date of implementation. He discussed how they would move forward. Mr. Gleason asked if the Post Offi= ce would support a two-step process. Mr. Foster said they would support what the Town (Selectmen) decided based on the fact that safety was a concern. Mr. Masson said the district was encouraging the whole process to be done at once. He understood that the process wou= ld not happen overnight, but they would do their best (even a year later) to get m= ail to the residents. He discusse= d how the change-of-address cards and the mailing would be given out and sent to patrons. There will be additi= onal cards available at the Post Office.

Mr. Lynde asked how new addresses would be rectified by websites such as Map Quest. M= r. Foster was unsure, but believed they would update their information like ot= her major mailers. Mr. Masson sai= d Map Quest got their information from the state.

Mr. Danevich said the date for implementation should n= ot be prior to the revaluation being completed.&= nbsp; He said the number of parcels and what information is to be sent will have to be determined. Mr. Gl= eason wanted it clear that the basic responsibility fell onto the homeowners.

A member of the public wanted to know if deeds would be affected. Mr. Lynde answered = no because they don’t rely on street address, but rather map and lot numbers.

Fire Chief David Fisher said this had been an ongoing project (for approximately two years) which was coming to an end. He discussed how the information w= ould be updated throughout the Town. He said before any steps forward were taken, they would like direction and a d= ate (possibly late summer) for implementation.= They will try their best to make the process as smooth as possible.<= span style=3D'mso-spacerun:yes'>

Mr. Gleason said he wanted to know the number of house= s that would be affected; if significantly less than 90% he would be in favor of facilitating the whole project at once; however, if 90% of residents are affected, he would still be concerned about the project. Chief Fisher said every house built during the past two years had already been built in compliance with E911. The percentage of affected residen= ts would be less than previously stated (90%). Mr. Gleason asked if there was any risk/safety issue with not changing similar sounding street names prior to July/August 2006. Chief Fishe= r said the entire project and E911 involved life safety; he recommended the comple= tion of the process as soon as possible.

Mr. Lynde suggested that a subcommittee be formed to e= nsure that the project was a ‘complete’ package. He suggested that when the revalua= tion was completed, the property cards had the corrected addresses. Mr. Gaydos said the Town had the capability to make the changes. It was less expensive to make the changes in-house.

Mr. Bergeron agreed that the project was very importan= t with regard to safety. He was glad= that the process was moving forward.

Mr. Danevich thanked the Chief and the Post Office representatives for meeting and providing information.

OTHER BUSI= NESS

Hunting in= Raymond Park discussion

Mr. Danevich said he, Mr. Gaydos, Park & Recreation Director Darren McCarthy, Police Chief Evan Haglund and two Fish & Game Officers attended a brief meeting (for fact find and discussion) with the opportunity to obtain more detail about the areas being reviewed for hunting. He said it was concl= uded that any type of hunting should be prohibited from <= st1:PlaceName w:st=3D"on">Pelham Veteran Memorial Park (the = Fish & Game Officers agreed). = He said they also discussed = Muldoon Park. After review of the maps etc. it w= as agreed that Muldoon Park was too active to support hunting. Mr. Danevich said they also spent a great deal of time discussing the back side of Raymond Park and concluded it was too short a time period to e= nact any change (due to posting/public hearing requirements). He said with the active grant for = trail development and construction (and potential subdivision), Raymond Park woul= d likely be taken out for the ‘No Hunting’ request. He said the other thing was to com= e to an agreement to address the back section of Raymond Park (only) (at some ti= me in June/July) to allow time to measure progress/construction/other expansions. There was no obje= ction to holding off discussion regarding hunting at Raymond Park until June/July 2006.

Warrant Ar= ticle Review

Mr. Danevich said he was in the process of putting tog= ether a fact finding/communication web page that would contain information and ba= ckup data with respect to warrant articles.&nbs= p; A link to the page was forwarded to the Selectmen to review.

The Selectmen began their review of the 2006 Warrant (= as continued from the last meeting). &nb= sp;

(The following wording is a summary of the actual warr= ant article wording.)

Article B – To establish a Town Forest. Mr. Gaydos will check the deed to = see how the land should be

referred to.

Article C – To authorize the Conservation Commis= sion to manage parcels designated as Town Forest and to

place any proceeds from f= orest management into the Conservation Fund to be used as stewardship of the parc= els and/or land acquisition/property easement. Mr. Gaydos said research had been done and he had a few conversations with the DRA regarding how the funds could be used. The proposal was for any kind of t= imber cut revenue to go into a fund (not prescribed by statute); however, a reven= ue stream cannot go into a fund. As presented the fund would not be able to be used for the proposed purpose. Mr. Gaydos was further researching= the forestry account, which he believed was a fund where money would have to be appropriated out at Town Meeting. There was further discussion regarding how the funds could be used and for what.<= span style=3D'mso-spacerun:yes'> There was a consensus to drop the article for this year. Further research was needed regarding the management plan of the parcels.

Article E – To raise and appropriate $30,000 for oversight, clean up and disposal of tires and other

unsuitable materials at E= lmer G. Raymond Park. Mr. Gleason ask= ed if the tire dump precluded activity being conducted at the park. Mr. Lynde didn’t think it precluded any activity. He sa= id the location was envisioned as a place to have a retention pond as a water sour= ce for irrigation. The tire dump= is not an environmental/safety risk or hazard. Mr. Gaydos said the testing perfor= med (prior to last year’s Town Meeting) showed that there was limited opportunity for danger; it was of interest to the state.

Article H – To establish a Police Detail Revolvi= ng Fund in accordance to the RSA’s.&nbs= p; Mr. Gaydos noted

DRA had seen the wording = and had no objection. He said they ha= d not passed judgment on the

final wording.

Article L – To raise and appropriate $136,350 to= fund four new Firefighter/EMT positions; the amount

represents the full cost = from July – December 2006 after which the position, if approved, would be funded through the Fire Department operating budget. Mr. Gleason wanted to ensure the n= umbers were correct. Mr. Gaydos said= the numbers had been reviewed and could be double checked.

Article P – To raise and appropriate $35,000 for= the placement in the Tallant R= oad and Willow Street

Bridge Capital Reserve Fu= nd. Mr. Domenico believed the rational= for ‘tabling’ the article at the last meeting was if a larger Highw= ay Department amount was submitted, the $35,000 would be assumed in that larger number thereby negating the need for the article. Mr. Bergeron questioned if specific wording would be needed for a specific bridge. Mr. Domenico believed the wording wasn’t as important as having the matching funds to pay the Town̵= 7;s share. The Selectmen decided = to ‘table’ discussion until they voted regarding Article 5. Mr. Gaydos said Tallant Bridge would go out to bid and be in construction in 2006. He said the projections showed tha= t the Town had enough money (set aside) to cover the Town’s share; however,= if there wasn’t, in a subsequent year, a request could go to the townspe= ople to withdraw the money. He sai= d it would be approximately six years before work could be done on the Willow Street Bridge and the idea= was to set aside $35,000 each year for the next six years. The Selectmen decided to defer fur= ther discussion until the bond article (#5) was decided. (see below for further discussion)=

Article R – To establish a Special Recreation Re= venue Fund per RSA 35,B,2 part 2, w= here the Selectmen

are authorized by the Leg= islative body to place whatever portion from the revenue of fees and charges for recreation services into the fund. The funds shall only be expended for recreational service programs w= ith no expenditures from other Town funds.&nbs= p; Mr. Gaydos said after further research, it was found that the statute was written such that only Town Meeting can set either a percentage or doll= ar limit; if the Selectmen prefer to change the number, it would have to be do= ne at Town Meeting. He said the petition warrant article spoke about all the funds, and it might be best to= let it be (as it was) and have the Selectmen monitor the programs; if there sho= uld become a large surplus in the account, Town Meeting could address such. It was noted that the statute was similar (but different in nature) to the one under which the police revolvi= ng fund was set up. There was fu= rther discussion as to how the article could be structured. Mr. Danevich suggested dropping Ar= ticle R in favor of the petition because the Selectmen could not do what they intended. Mr. Gleason wanted = to know (with regard to the petition article) where the central control was. There was no objection to drop Art= icle R.

Article S – To establish a Pelham Public Televis= ion Capital Reserve Fund (with Selectmen designated as

Agent) to update video eq= uipment/technology and reestablish a television production center; further to raise and approp= riate $75,000 for this purpose (funding to come from franchise fees). Mr. Domenico understood that the p= urpose of the article was going to be changed to either indicate that all of the franchise fees or some large portion (minus reasonable expenses) would be p= ut into a fund. Mr. Gaydos said franchise fees had to go to the General Fund; it was up to the voters to appropriate the money to the Capital Reserve. Mr. Bergeron asked how the money h= ad been divided. He believed in = the past that half had been given to the cable department and the other half had been used to defray the costs. Mr. Gaydos said they had been making an appropriation to the operating budget.<= span style=3D'mso-spacerun:yes'> Mr. Jim Greenwood (who was present= in the public) addressed where money had been appropriated. He estimated that the Town would r= eceive $128,000, so he based his budget on $64,000 (half the amount). Mr. Bergeron asked if 50% was enough. Mr. Greenwood said the amount allowed them to operate, but it was not enough money to do some of t= he things that needed to be done. Mr. Danevich confirmed that the 50% was mainly going to operating costs. Mr. Greenwood answered yes. There was further discussion regar= ding the franchise fees, the article and how the fees were used. The basic wording of the article w= as okay if the words ‘offset by cable franchise fees’ was added. The request amount was then discus= sed; it was decided to keep the $75,000 request to give the opportunity to see w= here PTV would go in the next years and to give Mr. Greenwood the opportunity to develop a plan.

Article U – To authorize road layout, not to exc= eed 50-feet in width, over Town property identified on the

Town tax maps as Map 24 L= ot 12-214 with the purpose of the layout to connect a proposed subdivision road from Poplar Road to Stonepost Road. Mr. Gaydos discussed the process a= nd noted that the Selectmen were obligated to hear petitions, but not obligate= d to accept or reject them. He sai= d he tried to craft wording as a ‘place holder’ in the event the Selectmen accepted the petition. There was a brief discussion regarding the article and a general agreement to drop it from the warrant.

The following articles were submitted by the Planning Board. Mr. Danevich questione= d if the accounts (as requested by the Planning Board) were legal to create. Mr. Gaydos didn’t know; he a= sked for a definition from the state, but had not yet received an answer.

Article W – To create a Special Reserve Fund for= road improvements.

Article X – To establish a Senior Center Special Reserve Fund. Mr. Lynde quest= ioned why the fund was required. He didn’t believe special capital reserve funds were set up to collect impact fees for the fire station; he said there was a vote to impose fees a= nd they were kept separately. Th= ere was a brief discussion regarding the collection of the fees and their purpo= se.

Planning Board Chairman Bill Scanzani and Planning Dir= ector Jeff Gowan who were seated with the public came forward to explain the reas= ons for the article being submitted and explained that the money had to be accounted for separately from tax sources. Mr. Gaydos suggested seeking direction from the state and legal counsel to draft the article. Mr. Danevich didn’t believe that a special warrant article was needed in this case= . Mr. Gowan agreed that legal analys= is was needed. Mr. Bergeron question= ed if everyone had to pay impact fees. Mr. Scanzani said the current impact fee was for new residential construction, not commercial. Mr. Bergeron wanted to know if the Planning Board asked for donations and if to= ld no put pressure on an applicant. Mr. Scanzani said in the development process in lieu of open space (required in= the regulations), some developers would rather give money versus losing a lot.<= span style=3D'mso-spacerun:yes'> He said lots (as required) didn= 217;t really do the Town any good because of their size and/or conservation land. He said developers maxi= mized the land areas. After further discussion, Mr. Gaydos said he would work with Mr. Gowan and contact the st= ate.

Article Y – To raise and appropriate a certain s= um of money for a second egress at Muldoon Park. Mr. Lynde said the problem was the= cost was unknown at this point. Mr. Gleason said this should be included in the Park & Recreation five year plan. There was no objection,= or further discussion.

Article Z – To raise and appropriate a certain s= um of money for GIS mapping. There = was a brief discussion, and the Selectmen decided to drop the article at this time.

Article AA – Supervisor union contract. Mr. Danevich said this was being tracked.

Article AB – Police Officer union contra= cts. Mr. Danevich said this was being tracked.

Article AC – Cemetery - no action required by Selectmen.

Article AD – Storm water mapping. Mr. Gaydos said he had put togethe= r some programs with Highway Agent Don Foss that he believed could be included in = next year’s operating budget.

Article 5 – To raise and appropriate $14,166,156= to complete: 1) Central Fire Station - $7,000,000; 2) Fire sub-station (Spring Street area) 2.5 million dollars; 3) Municipal Building expansion/improveme= nts $600,000; 4) Sherburne Hall renovation $300,000; 5) Highway Department gara= ge $655,000; 6) Life Guard facility (Veterans Memorial Park) $115,000; 7) Road= way repaving and improvements $2.5 million dollars; 8) Cemetery Garage $156,156= ; 9) Senior Center design study and bid documents $45,000; 10) Camp facility at Veterans Park design study and bid documents $85,000; 11) Construction Management Services $250,000.

Mr. Dome= nico circulated backup documentation to the Selectmen. He said the purpose for the articl= e was to group all of the necessary (reasonably known) capital projects that are before us now to get the infrastructure of the Town back up to speed in one bond. The number would need t= o be modified slightly (increase of approximately $47,000) due to certain fees/processing. Also the amo= unt for the facility at Veter= ans Park will need to be modified to $85,000 (not $45,000 as listed) – no bond will be in a te= rm of less than ten years. The Selectmen discussed the proposed article and if it should be presented as a single question, or split.

=

MOTION:=

(Lynde/Domenico) To present Article 5 as a single qu= estion warrant article.

=

VOTE:

(3-2-0) The motion carried. Mr. Danevich and Mr. Bergeron voted no.

The Selectmen then discussed the length of the bond. Based on the fact that architecture studies would need to be done; a realistic time frame for a bond would be between twelve and seventeen years.

MOTION:=

(Domenico/Gleason) Article 5 will be a seventeen-yea= r bond based on the fact that it is not anticipated to bond everything together until twenty-four months after approval.

VOTE:

(3-2-0) The motion carried. Mr. Dan= evich and Mr. Bergeron voted no. =

The Selectmen then discussed what would be included in= the article. The Cemetery garage = was dropped from the article. Mr. Domenico said after discu= ssion the following amendments were made: 1) Municipal Building improvements/expansion was decreased by $25,000 to $575,000; 2) Cemetery ga= rage was taken out ($156,156) based upon the fact that they had submitted a warr= ant article for a one-year appropriation for the facility; 3) $45,000 has been backed o= ut for further study of the camp facility at Veterans Park; 4) added 1.4 milli= on dollars in combined items for restrooms, life guard facility replacement, c= amp facility replacement at Veterans Park; 5) $50,000 estimated in fees/interest for bond anticipation note. T= he revised total is changed from $14,166,156 to now read $15,275,000. Mr. Domenico read the amended Warr= ant Article #5 aloud. There was a= brief discussion regarding the amount needed for the first year’s interest = and associated costs which came up to $23,000.= The article would specify seventeen years. Mr. Domenico said he would type the article and circulate copies for the Selectmen.

MOTION:=

(Domenico/Gleason) To approve Warrant Article #5 as amended and read aloud by Mr. Domenico.

VOTE:

(3-2-0) The motion carried. Mr. Dan= evich and Mr. Bergeron voted no.

Article P – To raise and appropriate $35,000 for= the placement in the Tallant R= oad and Willow Street

Bridge Capital Reserve Fund. Mr. Danevich suggested dropping the article because it would now be funded through Article #5. There was a discussion regarding t= he article and if it should remain. There was a simple majority of the Selectmen in favor of leaving Art= icle P on the warrant.

MOTION:<= o:p>

(Lynde/Bergeron) To include Article E (To raise and appropriate $30,000 for oversight, clean up and disposal of tires and oth= er unsuitable materials at Elmer G. Raymond Park) on the 2006 ballot.

VOTE:

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

------------------------------------------------------= --------------------------------------------------------------------------<= /p>

=

MOTION:=

(Lynde/Gleason) Article H to establish a Police Deta= il Revolving Fund

=

VOTE:

(5-0-0) The motion carried.

------------------------------------------------------= -------------------------------------------------------------------------

=

MOTION:=

(Bergeron/Lynde) Article L to raise and appropriate 136,350 to hire four new firefighters.

=

VOTE:

(3-2-0) The motion carried. Mr. Dom= enico and Mr. Gleason voted no.

------------------------------------------------------= -------------------------------------------------------------------------

=

MOTION:=

(Bergeron/Gleason) Article P to place $$35,000 into = the Tallant Road and Willow Street Bridge Capital Reserve Fund.

=

VOTE:

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

------------------------------------------------------= --------------------------------------------------------------------------<= /p>

=

MOTION:=

(Domenico/Gleason) Article S to establish a Pelham P= ublic Television Capital Reserve Fund and place $75,000 into the fund (to be of= fset by franchise fees).

=

VOTE:

(5-0-0) The motion carried.

------------------------------------------------------= -----------------------------------------------------------------------

Miscellane= ous

Mr. Gaydos clarified that RSA 674:21, Section V, a, indicated that the Selectmen had the authority to spend money in the impact= fee account without permission from Town Meeting (or a public hearing).

TOWN ADMINISTRATOR/SELECTMEN’S REPORTS

Mr. Danevich asked that the reports be deferred to the= next meeting. Mr. Bergeron said he= had one item he wanted to discuss.

Mr. Bergeron noted that several State Representatives = from District 27 met with DOT Commissioner Carol Murray and Jeff Brillhardt to t= alk about the possibility of building a bridge from Litchfield to Merrimack. The Commissioner agreed to put information together as requested by the Representatives; there will be an additional meeting in approximately one month. Mr. Bergeron said he and Planning Director Jeff Gowan would be attending the ‘kick-off’ meeting of CTAP (regarding I93 widening) on December 1, 2005.&n= bsp;

REQUEST FOR NON-PUBLIC SESSION

MOTION:=

(Lynde/Bergeron) Request for a non-public session pe= r RSA 91-A:3,II,a & d (Personnel; Consideration of acquisition, sale or lea= se of property )

ROLL CALL:<= /b>

Mr. Danevich-Yes; Mr. Lynde-Yes; Mr. Bergeron-Yes; M= r. Gleason-Yes; Mr. Domenico-Yes

Mr. Danevich noted that when the Board returned, after= the non-public session, the Board would not take any other action publicly, exc= ept to possibly seal the minutes of the non-public session and to adjourn the meeting. The Board entered in= to a non-public session at approximately 10:35 pm.

The Board returned to public session at approximately = 11:05 pm.

MOTION:=

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

VOTE:

(5-0-0) The motion carried.

ADJOURNMEN= T

MOTION:<= o:p>

(Bergeron/Lynde) To adjourn the meeting.

VOTE:

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

The meeting was adjourned at approximately11:05 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