SEL20090113

APPROVED

TOWN OF PELHAM

BOARD OF SE= LECTMEN MEETING

MINUTES

January 13, 2009

APPROVED &#= 8211; February 10, 2009

CALL TO ORDER – 6:30pm

PLEDGE OF ALLEGIANCE

PRESENT:

Mr. Douglas Viger, Mr. = Robert Haverty, Mr. William McDevitt, Mr. Victor Danevich, Town Administrator Tom Gaydos

Also present:

ABSENT:

Members of the press and general public.

Mr. Harold Lynde

OPEN FORUM

Mr. William Pultar came f= orward and read aloud the paragraph from the ‘Thumbs Up/Thumbs Down’ section of the Pelham/Windham News. It was a positive paragraph indicating that the new policy regarding complaints to the Town was working. He then discussed his understanding regarding meeting minutes being sealed. Mr. Viger stated that non-public minutes were sealed.

Mr. Pultar wanted to ensu= re that the Town had a paper trail of the happenings of his case in the event there= was something that came up in the future. Mr. Haverty assured Mr. Pultar that the Town had a paper trail and stated that he had shown him the files earlier. Mr. Pultar questioned if the files= could be subpoenaed. Mr. Haverty st= ated that all complaints against the Town would continue to be maintained. He also noted that Mr. Gaydos had = not been found of any wrong doing. Mr. Viger assured Mr. Pultar that a similar instance wouldn’t happen again based on the policy that was in place.&nbs= p; He said if something were to occur, an investigation would be conducted. He stated that the allegations made (by Mr. Pultar) had been reviewed by three Select Boards.<= span style=3D'mso-spacerun:yes'> Mr. Pultar questioned if the letter indicating it was too late to appeal was included in the Town files. Mr. Viger explained that in the pa= st there had been mistakes made, but they had not been malicious actions; after which a policy was created and continued to be in place.

Mr. Pultar asked if the c= urrent policy was in place because of his case.&n= bsp; The answer was yes.

Mr. Haverty told Mr. Pult= ar that he could view all the allegations submitted to the Town but he would not be able to view an employee’s personnel file or non-public minutes that = had been sealed. Mr. Pultar asked= if the Board could view sealed files. Mr. McDevitt answered yes. Mr. Viger reiterated that a mistake had been made, but it was not do= ne to be malicious and a policy was now in place. He stated that the policy had been= put in place based on Mr. Pultar’s case and happenings that had occurred = He asked that the conversation end.

Open Forum was then close= d.

NEW BUSINESS

Petition Warrant Articles

1) In summary, the article would create an ordinance referencing abandoned properties and the requirement of the owner to maintain their property so as to not create a safety issue. The ordinance would give the Selec= tmen the authorization to enforce the outlined measures.

The petition was signed b= y approximately fifty-six residents; the signatures were confirmed. The article will appear on the warrant. It was noted that th= ere was no state law that enabled the Selectmen to do anything outlined in the article; if it were to pass the Selectmen would not act upon it.

MOTION:

(McDevitt/Have= rty) To not recommend the warrant article.

VOTE:

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

(The vote was in the affi= rmative to NOT recommend the warrant article)

2) Asked the voters to raise and appropriate the sum of $259,000 for the purpose of improving Senior Center bathrooms and replacing the septic system; to authorize $100,000 to be withdrawn from the Senior Center Capital Reserve Fund; accept a contribution of $20,000 made by The Council on Aging from the Senior Center Building Fund. Construction of project would cost $279,000; the total raised for taxation is $159,000.

Mr. Danevich made a motio= n to recommend the article. There = was no second.

An information packet was provided to the Selectmen from members of the Council on Aging Building Committee which outlined the expansion plan, demographic data regarding sen= ior population and its projections, future services and programs, reasons the petition was brought forward, an artist’s rendering of the proposed b= uilding and plan that laid out the proposed phases.

Mr. Haverty stated that he understood the need for the services and what was being proposed, however he didn’t feel the community was ready (in this economy) for the project. He was not able to s= upport the warrant article.

Mr. Don Brunelle question= ed when it would be a good time to bring forth a project for the Seniors. He didn’t feel the tax impac= t on $159,000 would be felt. Mr. D= anevich asked Mr. Gaydos what the tax impact would be. Mr. Gaydos did the calculation and informed the impact would be $.10 per $1000.

Mr. Danevich again made a= motion to recommend the warrant article. There was no second. <= /p>

Mr. McDevitt made a motio= n to not recommend the warrant article. There was no second. <= /p>

Mr. Gaydos reviewed the s= tatute to see if the Selectmen had to include wording about recommendations on the ballot. He informed that for = an article with an appropriation, the article shall contain whether or not it = was recommended by the Governing Body (Selectmen) and the Budget Committee.

There was a brief discussion. With the lack of support to recommend the article, the warrant article would read that it was not be recommended by the Selectmen.

Senior Center Director Sue Hovling questioned what would happen if the article failed. She was told that they couldn̵= 7;t raise funds via taxes for the project.&nbs= p; But would be able to do the project if they received donations for it. Ms. Hovling asked if there would be (federal) matching funds. Mr. Gaydos will be including the Senior Center in the Town’s request for federal funds, should they become available.

3) To raise and appropriate $4,700,000 for the purpose of erect= ing a fire station; and to raise $25,000 for the first year interest and cost.<= span style=3D'mso-spacerun:yes'>

Mr. Danevich questioned i= f the Selectmen should defer their vote until after the bond hearing. Mr. Gaydos said the Selectmen shou= ld take a position. It was noted= that the Budget Committee would meet January 15, 2009 to vote on articles; the bond hearing was scheduled fo= r January 20, 2009 prior to the Budget Committee’s next meeting.= Mr. Gaydos said the statute indicated that the Selectmen didn’t have to vote.

The Selectmen discussed h= ow they should proceed. The Selectmen indicated if Mr. Lynde (who was not present) wanted to discuss the issue further he would be allowed to do so.

MOTION:

(McDevitt/Have= rty) To not recommend the warrant article.

VOTE:

(3-1-0) The motion carried.=

(The vote was in the affi= rmative to NOT recommend the warrant article)

MINUTES REVIEW

Decem= ber 16, 2008

MOTION:

(Danevich/Have= rty) To approve the D= ecember 16, 2008 Selectmen meeting minutes as written.

VOTE:

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

REQUEST FOR NON-PUBLIC SESSION

MOTION:

(Danevich/Have= rty) Request for a non-public session per RSA 91-A:3,II, a (personnel)

ROLL CALL:

Mr. Viger-Yes;= Mr. Haverty-Yes; Mr. Danevich-Yes; Mr. McDevitt-Yes

It was noted tha= t when the Board returned, after the non-public session, the Board would take furt= her action publicly. The minutes of the non-public session would be sealed and the meeting would be adjourned. The Board then entered into a non-= public session at approximately 7:= 30 pm. Also present was Mr. Gaydos.

The Board returned to public session at approximately 8:50 pm.

MOTION:

(Danevich/McDe= vitt) To seal the minutes of the non-public session indefinitely.

VOTE:

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

MOTION:

(Danevich/Have= rty) To ratify the Police contract.

VOTE:

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

MOTION:

(Danevich/Have= rty) To ratify the Supervisor’s contract.

VOTE:

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

ADJOURNMENT

MOTION:

(DanevichHaver= ty) To adjourn the meeting.

VOTE:

(4-0-0) The motion carried.

The meeting was adjourned at approximately 9:00 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