SEL20090324

APPROVED

TOWN OF PELHAM

BOARD OF SE= LECTMEN MEETING

MINUTES

March 24, 2009

APPROVED &#= 8211; April 7, 2009

CALL TO ORDER – 6:30pm

PLEDGE OF ALLEGIANCE

PRESENT:

Mr. Douglas Viger, Mr. = Robert Haverty, Mr. William McDevitt, Mr. Harold Lynde (arrived after the meeting commenced), Mr. Edmund Gleason, Town Administrator Tom Gaydos

Also present:

ABSENT:

Members of the press and general public.

None.

APPOINTMENTS

PUBLIC HEARING: To accept Donation from <= st1:PlaceName w:st=3D"on">Beaver Valley Farm for 1-year supply of Dog Food for K-9 Program – approximate value $650

Mrs. Clark was commended = for her continued support of the Town giving the generous donation. She was also recognized for the Pet Adoption days and Rabies Clinic.

MOTION:

(Gleason/Haver= ty) To accept the donation of a 1-year supply of dog food for the K-9 Program va= lued at approximately $650. .

VOTE:

(4-0-0) The motion carried.

OPEN FORUM

None.

MINUTES REVIEW

Decemb= er 2, 2008

MOTION:

(McDevitt/Have= rty) To approve the De= cember 2, 2008 Selectmen meeting minutes as written.

VOTE:

(3-0-1) The motion carried. Mr. Gle= ason abstained.=

Mr. McDevitt offered a cl= arification to the minutes regarding the following discussion: “Mr. McDevitt said that had been a subject of back and forth by the Budget Committee. He said the= y had a report by Craig Mussleman Associates which reviewed the ash landfill and recommended to ignore it. Mr. McDevitt didn’t feel the state would get involved with digging up landfills (and cost share) in the foreseeable future.” Mr. McDevitt clarified his rem= arks; when he said ‘ignore it’ he didn’t mean pretend it wasn’t there, but rather that it was such a low priority the Town shouldn’t have to worry about it.&nb= sp; He also noted that it would not be dug up, it would be capped.

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Februar= y 24, 2009

MOTION:

(McDevitt/Have= rty) To approve the Fe= bruary 24, 2009 Selectmen meeting minutes as written.

VOTE:

(3-0-1) The motion carried. Mr. Gle= ason abstained.

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March 3= , 2009

MOTION:

(McDevitt/Have= rty) To approve the Mar= ch 3, 2009 Selectmen meeting minutes as amended.

VOTE:

(3-0-1) The motion carried. Mr. Gle= ason abstained.

DISCUSSION

Mr. McDevitt provided the Selectmen with an analysis of the votes from Town Meeting.

Mr. Lynde arrived.

ELECTION OF OFFICERS

MOTION:

(Gleason/McDev= itt) To nominate Mr. Haverty as Chairman.

VOTE:

(5-0-0) The motion carried.

MOTION:

(Gleason//Have= rty) To nominate Mr. Viger as Vice Chairman.&nbs= p;

VOTE:

(5-0-0) The motion carried.

Mr. Haverty thanked the B= oard for their support. He wanted the Selectmen to discuss a mission statement for the next year at their next meeting and would be soliciting input.

APPOINTMENTS

Results of March 10, 2009 Town Meeting – Possible Cuts in State Funding

Mr. Gaydos discussed what= was going on with the state for funding. He then reviewed the items that were not approved at Town Meeting; he stated that the voters were very good to the Town this year. Relative to House Bill 2, Mr. McDe= vitt felt the Selectmen could inform the State Representative of their position. He said he was conc= erned about any state costs that were charged back to the local taxpayers. He suggested sending a letter aski= ng them not to approve the bill and express the Selectmen’s concerns of = the state shifting costs to the local taxpayer.

Mr. Lynde stated that he = attended a Municipal Advocacy meeting where they discussed the aspects of the retire= ment system. He discussed the aspe= cts that could benefit employees and Towns.&nb= sp; He said it may get worse because the implication was that they were = thinking of reducing the state’s share to zero.

Mr. McDevitt made a motio= n that the Board go on record as being opposed to House Bill 2 and so communicate = to the House of Representatives that represent Pelham. Mr. Lynde offered a friendly amend= ment that rather than oppose House Bill 2, the letter should state the oppositio= n to the portions of House Bill 2 the downshift of cost burden onto the local taxpayers.

Mr. Gleason agreed that t= he Selectmen should oppose any elimination of state taxes that would pass the burden onto the taxpayers of local towns.

MOTION:

(McDevitt/Lynd= e) To go on record as being opposed to the portions of House Bill 2 that would downshift the cost burden onto the local taxpayers and send a letter indicating such to the House of Representatives.

VOTE:

(5-0-0) The motion carried.

Mr. Gleason asked that th= e Selectmen extend, to the Town’s State Representative, the opportunity to meet w= ith the Selectmen and provide periodic updates of what was happening in the Legislature and what was anticipated. He said this would allow the Selectmen to communicate any concerns.<= span style=3D'mso-spacerun:yes'> The Board felt it would be a good = idea to meet periodically.

There was further discuss= ion regarding the importance of the State Representatives understanding the Town’s views on current and upcoming issues. Mr. Haverty said he would extend a= nd invitation to Representative Doherty to meet with the Selectmen and participate in the scheduling process.

Ambulance Bid Award

Mr. Gaydos stated that bi= ds were solicited; certain items were specified in detail.

Acting Fire Chief James M= idgley came forward to discuss the bids. Six bids were requested; one refused to bid, three didn’t resp= ond, and two submitted a bid. Chief Midgley discussed the bid spec and the items that had been requested.

Mr. Gleason asked if the = bids were adequate to serve the Town’s needs. Chief Midgley said they were.

There was further discuss= ion clarifying the bid specifications. <= /span>(Mr. Gaydos provided a clarification during the April 7, 2009 meeting during min= utes review as follows – Note was = made that the total approved by the voters was $185,000. The chassis and ambulance “box” have been awarded for $161,651. The final outfitting of the ambula= nce has yet to be completed and will be subject to the Selectmen’s vote a= t a future meeting)

MOTION:

(Lynde/Gleason= ) To approve the bid by Greenwood Emergency Vehicles at a list price of $179,6= 51 less $18,000 trade in value for a total of $161,651.

VOTE:

(5-0-0) The motion carried.

Discussion: Police= Chief Roark – Proposed Pawn/Second Hand Dealer Ordinance=

Mr. Gaydos said the statu= es had been reviewed and found that Chapter 398 addressed the authority to regulate pawn brokers and established a procedure for Municipalities to regulate tho= se pawn brokers. In reviewing the statutes further, Mr. Gaydos told the Selectmen that the ordinance would ha= ve to be put to the voters on the warrant.&nb= sp;

Police Chief Joseph Roark discussed the purposes of creating an ordinance. He said the necessity for the ordi= nance was the fact that during an ailing economy pawn shops seemed to sprout up, people began to sell off possessions and a smaller percentage of criminals looked to find places to sell stolen property. He told the Selectmen that Pelham = was the prime location to have a pawn shop set up business. The proposed ordinance was a proac= tive measure to have something in place should someone approach the Town with a = pawn shop type business so there would be a mutual understanding between the business and the Town.

There was a brief discuss= ion regarding the ordinance. Mr. McDevitt asked if it could be made retroactive. Mr. Gaydos said the question could= be asked of counsel. He question= ed what the Chief’s approach would be if a pawn shop were to open before next year. Chief Roark said t= hey would approach the proprietor and try to come up with a gentleman’s agreement. He commented that = pawn shops needed Police support/cooperation based on their type of business bec= ause they were prone to robbery and scams.

Mr. Haverty asked if ther= e was anything to be done from the Planning Board prospective to control such establishments. Planning Dire= ctor Jeff Gowan (who was seated in the audience) came forward. He said nothing in the regulations prevented a pawn shop from opening up.&nbs= p; He said if there was a change-of-use for a business, it was policy (= in Zoning and Site Plan) that there be a change-of-use hearing.

There was further discuss= ion about the proposed ordinance. Chief Roark told the Selectmen that his department would be looking to ordinances that pertained to his department.

Mr. Gleason suggested hav= ing the proposed ordinance sent to legal for review prior to putting it to the voters. Chief Roark encourage= d the document to be reviewed and let the Selectmen know that it was based on the= ordinance Hudson, NH had in place. Mr. Lynde said = the legal review should wait until the ordinance was drafted in Warrant Article form.

OTHER BUSINESS

Town Cente= r Project – DOT Correspondenc= e

Planning Director Jeff Go= wan indicated that the Department of Transportation (‘DOT’) could n= ot/would not move forward without direction regarding final design detail and right-of-way acquisition. He drafted a letter for Selectmen review that would clarify to the DOT the Selectmen’s position. <= /p>

The Selectmen felt the le= tter was well drafted, but questioned what would happen in the event that there was = no stimulus money for a new fire station, a new fire station didn’t pass= in 2010 and the Town voted to not spend money on the existing station. In Mr. Gowan’s view, the let= ter he drafted would get the Town to the next phase of the project. He said there would still need to = be work done on the existing station to make it functional under an option B scenario. He commented that t= he DOT couldn’t render the current station useless.

The Selectmen discussed t= he situation with the current fire station.&n= bsp; Mr. Viger wanted to make a note in the letter that indicated the Selectmen reserved the right to stop the project if no funding was provided= . Mr. McDevitt felt the suggestion w= ould be a good idea. He said there should be some sentence indicating that the Selectmen were subject to the v= ote of Town meeting. Mr. Lynde didn’t support the suggestion. He felt the Town should either move ahead or give the money back. He said if necessary, the fire sta= tion could function with option B. He said the traffic problem had to be solved and the Town had a solution in ha= nd and the resources to do it from the Federal Government. He didn’t think it was right= to give it up. Mr. Viger agreed = with not wanting to give the money back. He said the money was useless unless money was raised to fix the existing station.

Mr. Gaydos commented abou= t the monies that may be available. He said every time the discussion came up about excess funds the right-of-way representative commented that once the property was turned over to the stat= e, the owner of the property had a right to take the matter to court, which co= uld hold the whole process up. He commented that the utilities wo= uld still have to be moved and felt the Board should discuss what the cost woul= d be and how it would be funded if it wasn’t covered as part of the project.

Mr. Gowan suggested addin= g the following wording: “Ultimatel= y the voters will need to support any expenditures for improvements to the fire station in either scenario and such approval must be granted prior to any roundabout construction.” The Selectmen felt the additional wording was acceptable. Mr. Gowan will make the letter ava= ilable for the Selectmen’s signature.

Resignation of Trustee of the Trust Funds Chair – Edmund Gleason // Announcement of Op= en Trustee Position

Mr. Gleason indicated und= er state law he was not authorized to hold the position of Trustee of the Trust Funds and Selectmen. He resigned fr= om his position as a Trustee.

The Selectmen would post = the position and act on it in two weeks. An application had already been received by former Trustee Cindy Ronning.

2009 Board of Selectmen Committee Assignments=

Mr. Haverty asked the Sel= ectmen for input regarding the assignments so they could discuss further at the ne= xt meeting.

Board of Selectmen Priority List

Mr. Haverty asked the Sel= ectmen to bring items forward before the next meeting. He would like document to be a liv= ing document. He also wanted to a= dd an additional column showing who was responsible for the item and show when it would be discussed next. He a= sked that the document also be attached to the meeting agenda packs.

TOWN ADMINISTRATOR’S // SELECTMEN’S REPO= RTS

Mr. Gaydos stated he was = working with acting Fire Chief Midgley to monitor the availability of funds from the Stimulus Package. He believed= June would be the timeframe funds would be available. He was also working on bid specs; = anyone interested in participating and seeing how to get their services on a bid l= ist should attend the meeting on Thursday or call 603-508-3074.

Mr. Gleason had no report= .

Mr. Viger thanked the Pac= k 25 Tiger Cubs for opening the Selectmen’s meeting. He also thanked the Police and Fire Chiefs for their interaction with the children.

Mr. McDevitt stated that = a piano had been donated to Sherburne Hall from the Congregational Church. He questioned if it qualified for a public hearing because the monetary worth was unknown. He suggested that the Selectmen co= nduct a public hearing for its acceptance. Mr. McDevitt reminded people that the New Greely Singers would be performing on Ma= rch 28, 2009 at 7:30pm.

Mr. Lynde stated that he = attended the Budget Hearing in Salem, NH which was very well attended. He discussed some o= f the topics discussed at the meeting. Mr. Lynde reported the Pelham High Study Committee was still going a= nd met every other week. The com= mittee was trying to come up with a consensus to present to the School Board as to what they felt the best direction was in regard to the Pelham school buildings. He said everyone a= greed there needed to be four school buildings in Town.

Mr. Gleason asked the Sel= ectmen to consider getting together with the School Board to open dialog and review/prioritize the Town’s needs.&= nbsp; Given the number of abatements that had come in; he wanted the Board= to consider where the Town might be financially between now and October and to= instill some controls to address it. The Selectmen discussed the issue. Mr. Gleason said the Selectmen should be aware that the total budget was controlled by several elements and should be aware of them by creating a tracking method for revi= ew mid-year. Mr. Lynde said the Selectmen would need to have a discussion about possibly cutting budget ite= ms if they wanted to hold the tax rate constant.

Mr. Haverty reported that he attended a field t= rip with a Fourth Grade class to the State Capital. He thanked the teacher, Mrs. Queen= an for letting him attend. He said t= he trip was very informative.

REQUEST FOR NON-PUBLIC SESSION

MOTION:

(McDevitt/Lynd= e) Request for a non-public session per RSA 91-A:3,II,a (Personnel)

ROLL CALL:

Mr. Haverty-Ye= s; Mr. Viger-Yes; Mr. McDevitt-Yes; Mr. Lynde-Yes; Mr. Gleason-Yes

It was noted tha= t when the Board returned, after the non-public session, 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 8:26 pm.

The Board returned to public session at approximately 9:07 pm.

MOTION:

(Viger/McDevit= t) To seal the minutes of the non-public session indefinitely.

VOTE:

(5-0-0) The mo= tion carried.

ADJOURNMENT

MOTION:

(Viger/McDevit= t) To adjourn the meeting.

VOTE:

(5-0-0) The motion carried.

The meeting was adjourned at approximately 9:07 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