SEL20081125

APPROVED

TOWN OF PELHAM

BOARD OF SE= LECTMEN MEETING

MINUTES

November 25, 2008

APPROVED &#= 8211; December 16, 2008

CALL TO ORDER – 6:30pm

PLEDGE OF ALLEGIANCE

PRESENT:

Mr. Douglas Viger, Mr. = Robert Haverty, Mr. Victor Danevich, Mr. Harold Lynde,

Mr. William McDevitt, T= own Administrator Tom Gaydos

Also present:

ABSENT:

Members of the press and general public.

None.

MINUTES REVIEW

November = 18, 2008

MOTION:

(Danevich/Have= rty) To approve the N= ovember 18, 2008 meeting minutes as amended.

VOTE:

(5-0-0) The motion carried.

6:37pm

OPEN FORUM

Mr. Don Brunelle, Mr. Leo= Doherty and Senior Center Director Ms. Sue Hovling came forward to discuss the warr= ant article regarding the Sen= ior Center. Mr. Doherty read aloud a prepared statement pertaining to the Senior Center expansion; the Building Committee was considering going on the ballot and asking voters for relief of problems pertaining to the Senior<= /st1:PlaceName> Center. Some of the goals could be done in phases and leave more expensive expansions to the future. There was an explanation of phase = one that would be requested on the ballot.&nbs= p; The voters would be asked for $175,000; $100,000 would be added from= the Capital Reserve Fund; $20,000 would be donated from the Building Fund and $= 6000 was available from voluntary contributions. The total cost for the addition was approximately $279,000. The Building Committee would continue to study the long-term needs of an adequa= te facility based on the population growth and servicing the needs of future seniors. The Selectmen were a= sked for their support.

Mr. Danevich said they we= re hoping that the Board would reconsider its position and support placing the warrant on the ballot. He sai= d they would like the voters to have the opportunity to vote regarding the expansion.

There was a discussion re= garding the cost of the proposal and what was proposed to be done.

Mr. Haverty appreciated t= he need at the Senior Center and that they provided a se= rvice to the Town. He had a difficu= lt time justifying the request during the present economic climate. He said while the expansion at the= Senior Center was desired and needed, he felt there were other things that needed to be d= one this year.

Mr. McDevitt understood t= he need, but didn’t support the request. He stated that he took the position a while back (June or July) to recommend a zero percent increase in the budget. He couldn’t support the requ= est to spend $175,000 with the economic condition looking the way it did.

Mr. Lynde said the highest priority he had right now was the fire station because he saw it as money t= hat would be spent to preserve the ($4 million) grant for the traffic center. He understood the need and the des= ires for the Senior Center and felt it was bothersome = that the restrooms weren’t handicapped accessible and that they should be addressed. He said he would t= end to support placing something on the ballot because it addressed a true need.

Mr. Viger respected the w= ork put into the warrant. He stated a= t this point the Town was strapped by its priorities and budgets being at zero per= cent growth. He said there was a n= eed for many infrastructure needs and at this time and the Senior Center addition would need to be deferred. He couldn’t support the request at this time.

Mr. Lynde asked if an ena= bling warrant article was needed to allow the Town to accept federal money to do projects in town. Mr. Gaydos = said the Town already had one. Mr. Danevich said a warrant article would be needed to extract money out of the capital reserve fund. Mr. Lyn= de asked if a warrant could be structured to do that if matching federal funds became available. Mr. Gaydos said it= was possible. Mr. Danevich questi= oned if the matching funds requested would be $120,000 or the full $175,000. He said the available amount was approximately $120,000. Mr. L= ynde said there was approximately $100,000 in the capital reserve fund and questioned where the other $20,000 was located. Mr. Brunelle said the other funds = were monies raised for the project. Mr. Danevich asked if an exception could be made for donations, so they would h= ave the authority to extract the money from the fund if either a donation, fund= raising or federal grant became available. Mr. Gaydos said they could amend the capital reserve fund to make the Selectmen agents to expend in the event money became available the Selectmen would have the authority to withdraw the money without going back to Town meeting.

Mr. McDevitt asked if a 2= /3 vote was required to amend the warrant article; to change the purpose of a capit= al reserve fund. Mr. Gaydos said= the purpose of the fund wouldn’t be changed. If it were to be changed, the acco= unt would have to be closed and another account would have to be opened. Mr. McDevitt said if they had an a= rticle that would modify the capital reserve fund to name the Selectmen as agents, that wouldn’t require a 2/3 vote or budget committee review.

The Selectmen supported t= he approach of amending the wording of the capital reserve fund. Mr. Gaydos was asked to seek Town Counsel’s opinion of what was needed to amend the wording.

Mr. Danevich asked when t= he final day was to submit a petition warrant article. Mr. Gaydos believed it was January= and would provide Mr. Danevich with the date and make it public for anyone that= was interested.

DISCUSSION

7:02

Police Cruisers – Lease versus Purchase=

Mr. Viger said the Select= men had discussed (a few meetings ago) the lease option of police cruisers. He said the Police Department had = made a presentation regarding the option of leasing cruisers versus purchasing the= m. He said the Selectmen had to deter= mine which course they would take. Mr. McDevitt said at the time there was a consensus to submit a warrant article. He hadn’t chan= ged his opinion. Mr. Viger said h= is position at the time was to have the cruisers in the operating budget. Mr. Lynde said money had been plac= ed in the operating budget for cruisers during the past couple years and if it was the same money going toward the lease, he didn’t see a problem with it. He said the same expense = would be incurred, the only difference was the cruisers would be leased versus purchased.

Mr. Gaydos said they spok= e with Town Counsel as well as the Town of Windham who recently adopted the program. He said the opinion was the same; the Selectmen had the authority to operate in the most efficient manner they could with the funds they were given. He said they had always purchased the cars, but if they could take the money they were always given= and accomplish something more efficient, the Board had the legal ability to do so.

Mr. Danevich said the Sel= ectmen had always taken the position if something was leased, they had a warrant article. He questioned if the= re would be a multi-year purchase commitment.= Mr. Gaydos said the Town had leased a number of things with a regular appropriation (i.e. copy machines, motorcycle) which was in the purview of = the Selectmen. He said in a= lease there were two components that were statutorily required: 1) non-appropriat= ion clause – if Town Meeting voted not to appropriate money the lease wou= ld be over, and 2) a non-replacement clause.&= nbsp; He noted that the funding for two cars could be used to put the enti= re fleet onto a schedule. Mr. Da= nevich was in favor of leaving the lease in the budget.

Mr. Haverty was in favor = of having the lease in the budget. He was initially concerned about committing future leases to the operating bud= get, but after thought on the matter and taking Mr. Gaydos’ comments into consideration he was in favor of having the lease in the budget. He felt that the lease upheld impo= rtant levels of service and gave the Chief resources he needed to provide the Town with safety and commit to the service levels that he committed to the Board= .

Mr. Viger supported havin= g the lease in the operating budget. He made his decision based on maintaining a level of service that was already committed to the Town; the money was already raised and appropriated for th= at service. He said they were fi= nding a different way to spend the same amount of money for the same level of ser= vice currently provided.

Mr. Lynde understood the = benefit was that the Town should experience a lower total cost because the repair c= ost would be less. Mr. Viger beli= eved the Chief mentioned there would be significantly less repair costs, but would maintain his levels for = the first year until he could build a track record and back the cost out.

Mr. McDevitt asked if the= Police budget figured changed. Police Chief Joseph Roark said the state (cruiser) bid was delayed, they anticipat= ed it to be lower than the appropriated number. He noted that the state wasn’= ;t purchasing Crown Victoria’s this year. He believed it was indicative of people shifting to different brands as he would like to do. He said with having seven vehicles= on a three year lease and a 12.5% drop in maintenance it would be a savings of $= 726 to lease. Chief Roark informe= d the Selectmen that the Budget Committee was committed to a warrant article. He respected the reconsideration a= nd would go with what the Boards decided upon.

Mr. Haverty thanked the P= olice Department for their communication efforts through use of the Citizen Obser= ver and the use of the pod cast. = Chief Roark thanked the individuals that were involved with the communications effort.

The Selectmen discussed h= ow they would proceed with the Budget Committee.&n= bsp; Mr. Viger would let them know the Selectmen’s position. Mr. Haverty stated that the only t= hing to tell the Budget Committee was that there wouldn’t be a warrant for Po= lice Cruisers, but there would be money in the operating budget for them. He said it was a policy decision w= hether the cruisers were purchased or leased.&nbs= p;

BUSINESS

7:33pm

Review of 2009 Warrant Articles

A) Fire Station - defer to reconsideration. Mr. McDevitt was not familiar with bringing warrant articles (bond issues) to reconsideration. Mr. Gaydos said the Budget Committ= ee was aware that this was an ongoing process and major issue for the Town. He believed they understood the situation and that they would get the information as soon as possible. He expected something shortly. Mr. Viger said as soon as the Sele= ctmen got contract and fire station information, there were meetings subject to t= he call of the chair so they could vote at reconsideration.

Mr. McDevitt understood A= rticle A to be a place holder depending on how the Selectmen voted. The wording could be changed or go= away entirely.

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B) Operating Budget – $10,589,932 didn’t have a def= ault budget established yet. Actio= n was deferred to a later date.

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C) Compensated Absence Fund – $50,000 to be placed into t= he fund. The balance of the fund= is $60,000; the unfunded liability is $538,000. Mr. Lynde confirmed that there was $100,000 in the budget.

MOTION:

(Danevich/Lynd= e) To place Article C on the ballot. <= u>

VOTE:

(1-4-0) The mot= ion failed. Mr. Haverty, Mr. Ly= nde, Mr. McDevitt and Mr. Viger voted no.

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G) Hire and Equip a School Resource Police Officer - $54,100 (a= mount raised equals cost from May-December 2009 after which it would be funded in= the Police Department budget). Th= ere was a brief discussion regarding the article and a suggestion to elaborate on the wording so the article is fully understood what the money was for. &n= bsp; Mr. Danevich was not in favor of the article because it was adding f= ull-time staff. He couldn’t supp= ort expanding government at this time. &n= bsp;

MOTION:

(Haverty/Lynde= ) To add article G to the warrant.

VOTE:

(4-1-0) The mot= ion carried. Mr. Danevich voted no.

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H) Enter into a four-year lease purchase of a six wheel highway plow truck – $34,970 for first year payment; the agreement will have a non-appropriation and non-replacement clause per state statute. Mr. Gaydos felt it would be import= ant to note in the warrant article that there would be approximately $25,000 eliminated from the following year’s budget if the article passes. Mr. Danevich didn’t support = having the language in there because there was no guarantee of reduction.

MOTION:

(McDevitt/Lynd= e) To add article H to the warrant.

VOTE:

(5-0-0) The motion carried.

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I) Highway Department - purchase one-ton diesel four-wheel drive pi= ck up truck with power angle plow - $36,828.=

MOTION:

(Lynde/McDevit= t) To add article I to the warrant.

VOTE:

(5-0-0) The motion carried.

Mr. Haverty questioned if= the Animal Control Officer’s vehicle would be included in the lease. Chief Roark said the lease program= was only for the seven marked cruisers. He stated that the Animal Control Officer’s vehicle still had several years of life left. <= /p>

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K) Highway Block Grant – There was no number from the sta= te yet. Mr. Gaydos explained how= the funds were spent. The Selectm= en decided to put last year’s number ($254,000) and to readjust it at reconsideration.

MOTION:

(McDevitt/Lynd= e) To add article K to the warrant.

VOTE:

(5-0-0) The motion carried.

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L) Purchase Skid Steer Loader for Transfer Station - $32,500. Mr. Viger noted that there was a w= arrant article from the 1993 Town Meeting that created an incinerator/recycling equipment fund and appropriated and raised $15,847. The article was voted and approved= . Mr. Gaydos said there was approxim= ately $15,000. It was in the Selectmen’s purview to spend the money on the skid steer. Mr. Gaydos said the article could = be worded to raise and appropriate the full amount with $15,000 coming from the fund.

MOTION:

(McDevitt/Lynd= e) To add article L to the warrant.

VOTE:

(5-0-0) The motion carried.

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M) Forestry Maintenance Fund – to raise and appropriate $= 45,000 from the fund. Mr. McDevitt a= sked that the warrant include language indicating that the money was not raised = by property taxes.

MOTION:

(Haverty/Lynde= ) To add article M to the warrant.

VOTE:

(5-0-0) The motion carried.

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S) Purchase 2009 GMC 4500 Medium Duty Chassis Ambulance - $185,= 000 ($85,000 from the ambulance capital reserve fund - $100,000 from taxation).=

MOTION:

(Haverty/McDev= itt) To add article S to the warrant.

VOTE:

(5-0-0) The motion carried.

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Mr. McDevitt was concerne= d with two items that weren’t on the warrant; 1) mosquito testing/spraying a= nd 2) assessing. He said the Bud= get Committee took $67,000 out of the Fire Department’s budget and moved = the assessing update and the mosquito testing into the budget. He was concerned that the operating budget being requested would be higher than the default budget. Mr. Viger said there were still outstanding items and unanswered questions, and if answered, Budget Committ= ee would consider reinstating them during reconsideration. Mr. Gaydos believed the $67,000 was included in the default budget (because it was in last year’s budget)= ; if the Selectmen chose not to include it in the default budget it would be in limbo. He stated that the ass= essing amount was in the default budget. The feedback from assessing was that people were confused because th= ey thought they agreed to an annual update and questioned why they would be as= ked again. Mr. Gaydos believed the mosquitoes should be a warrant article because it was not in the operating budget.

The Selectmen discussed t= he mosquito testing/spraying and how they would handle it. It was noted that last year the mo= squito testing/spraying ($35,000) was in the Health Officer budget and would there= fore be included in the default budget. The Selectmen took no further action.

Mr. Gaydos read aloud a l= etter submitted by Fire Chief Michael Walker requesting that the Selectmen recons= ider placing the Deputy Chief warrant on the ballot. The Chief outlined the importance = of the position. The Selectmen didn’t comment regarding the letter.=

TOWN ADMINISTRATOR’S / SELECTMEN’S REPORTS

Mr. McDevitt thanked the = members of the Pelham Garden Club for setting up the Christmas display on the common.

Mr. Lynde extended congra= tulations to the Pelham High Football Team for winning the state championship. He then announced that there would= be a fund raiser (for Raymond Park fields) held at the Fish and Game on December 6, 2008, tickets are $25.

Mr. Danevich had no repor= t.

Mr. Haverty recognized the Razorbacks Jr. Pee Wee Football team who won Regionals and were on their wa= y to Nationals.

Mr. Gaydos discussed the alternatives in distributing the Town Report. There was a discussion regarding t= he options. The Selectmen decide= d to print 2500 reports that would be available for pick up at designated locations.

Mr. Viger had no report.<= span style=3D'mso-spacerun:yes'>

REQUEST FOR NON-PUBLIC SESSION

MOTION:

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

ROLL CALL:

Mr. Viger-Yes;= Mr. Haverty-Yes; Mr. Lynde-Yes; Mr. Danevich-No; Mr. McDevitt-Yes

Mr. Danevich did= not participate in the non-public session.&nbs= p; It was noted that when the Board returned, after the non-public sess= ion, the Board would not take any other action publicly, except to possibly seal= the minutes of the non-public session and to adjourn the meeting. The Board entered into a non-public session at approximately 8:= 20 pm.

The Board returned to public session at approximately 9:45 pm.

MOTION:

(Haverty/McDev= itt) To seal the minutes of the non-public session indefinitely.

VOTE:

(4-0-0) The mo= tion carried.

ADJOURNMENT

MOTION:

(Haverty/McDev= itt) To adjourn the meeting.

VOTE:

(4-0-0) The motion carried.

The meeting was adjourned at approximately 9:45 pm.

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

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

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