SEL20100112

APPROVED

TOWN OF PELHAM

BOARD OF SE= LECTMEN MEETING

MINUTES

January 12, 2010

APPROVED &#= 8211; February 9, 2010=

CALL TO ORDER – 6:30pm

PLEDGE OF ALLEGIANCE

PRESENT:

Mr. Robert Haverty, Mr.= Edmund Gleason, Mr. William McDevitt, Mr. Harold Lynde, Town Administrator Tom Gaydos

ABSENT:

Mr. Douglas Viger

MINUTES REVIEW

Decem= ber 29, 2009

MOTION:

(Lynde/McDevit= t) To approve the D= ecember 29, 2009 meeting minutes as amended.

VOTE:

(3-0-1) The mo= tion carried. Mr. Gleason abstai= ned.

OPEN FORUM

Mr. Paul McDonagh, 29 Mammoth Road thanked the Selectmen for choosing Mr. Hannon to run the Transfer Station.<= span style=3D'mso-spacerun:yes'> He said Mr. Hannon was considerate= of the residents. He was also pl= eased with the changes that had been made at the facility.

REQUEST FOR NON-PUBLIC SESSION

MOTION:

(McDevitt/Glea= son) Request for a non-public session per RSA 91-A:3,II, a (personnel)

ROLL CALL:

Mr. Haverty-Ye= s; 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 continue = to address the additional business on the agenda. The Board entered into a non-public session at approximately 6:= 40 pm.

The Board returned to public session at approximately 6:57pm. Mr. Haverty stated that the Board had recessed their non-public meeting. The Selectmen decide= d to conclude the remaining business listed on the agenda and then re-enter non-public session.

APPOINTMENTS

ROBO Panthers

RoboPanthers Coach Ms. Ja= imi Kosa came forward to introduce Pelham’s First Lego League team. She provided a brief explanation a= s to what the First Lego League was and the project the team had presented in the state tournament. The RoboPan= thers received the Judge’s Rising Star Award at the tournament.

The RoboPanther team came= forward and presented their “Senior Transport System” project and showed the Selectmen a model for the design. They introduced themselves and described the tournament they had competed in.

The Selectmen thanked the RoboPanthers for coming to the meeting and sharing their experiences with t= hem.

Jason Croteau – Towing Agreements

Mr. Jason Croteau, 98 Dutton Road, representing RGA came forward to discuss the current tow list and recent interview process. He stated = that RGA was a qualified tow company for the Town of Pelham and met all the requirements, had sufficient trucks, certifications, insurance and faculty. He discussed the companies hired i= n the past and present. He then dis= cussed the types of clientele currently being serviced by his company and believed= if there had been a public interview RGA would have scored higher. Mr. Croteau asked the Selectmen to consider adding a third company to the rotation. He stated that some of the surroun= ding communities had more than two companies on their rotation.

Mr. Gleason discussed the interview process and believed the Police Chief had indicated that two companies were adequate to service the Town, and that it was not economical= ly feasible to go higher. He sai= d the important thing was that the Town requested the RFP and after the interview process h= ad executed a Memorandum of Agreement with other companies. He didn’t feel it was possib= le to go back and change the ground rules after the process had been completed and contracts signed. He suggeste= d that the conversation could be deferred to next time (an RFP was put out). He said it wouldn’t be fair = to the people that participated.

Mr. Lynde said he had nev= er been involved in selecting a towing company and the process had been delegated to the Police Department to determine. He said he would have to go along with what they recommended and the process they set in place. Mr. Lynde said Mr. Croteau made some good points and said maybe the next time t= hey would consider another option. He said he didn’t want to interject himself into a process that had alre= ady been set up and in place.

Mr. McDevitt agreed with = Mr. Gleason that the ground rules were that there would be two companies. He said if Mr. Croteau had come in= after receiving the RFP and suggested that there should be three companies, he mi= ght have had an argument. He said= after the process is complete, the time to come in would be during the next time around. Mr. McDevitt stated t= hat the Selectmen don’t get directly involved in the RFP because they didn’t know enough. He = said Mr. Croteau and RGA had an outstanding reputation, but the Selectmen were n= ot involved in the scoring. The process was delegated, it was done fairly and a recommendation was made. Mr. McDevitt was sympathetic to Mr. Croteau’s concerns, but was not persuaded to intervene and change the ground rules after the whole process was completed.

Mr. Croteau stated that he didn’t expect to hear anything different than what was said. He said he came forward because the topic was fresh in everybody’s mind.= He wanted to know where he stood the next time around if three quali= fied companies submitted if he offered the Town a percentage of the towing (money).

Mr. Haverty believed two = towing companies were selected based on an economic model as to the volume of tows that were done. He asked Poli= ce Chief Roark (who was seated in the audience) to come forward and explain how the Town decided to have two companies.

Police Chief Joseph Roark= came forward and stated that the Town did 250 – 300 tows per year. He said they expected a lot from t= he tow companies and RGA was a great outfit that met all the qualifications; there= was nothing they didn’t meet. He stated it wasn’t an easy decision.&n= bsp; He outlined the qualifications that were reviewed during the intervi= ew process. He said if the tows = were split between three companies the revenues would be significantly decreased= for each. Chief Roark said for wh= at the Town asks of the towing companies, he wanted to ensure that he could get th= em an adequate number of tows so that they could stay in business and maintain= the high level. He said maybe in = two years it could be posted for three companies; at that time the companies wo= uld have to decide whether it was lucrative enough to meet the standard.

Mr. Haverty said he wishe= d they were having the discussion about the possibilities prior to going out with = the Memo of Understanding (‘MOU’).= Mr. Croteau commented that the MOU was not a legal document it was an understanding between the companies and the Town. He understood that he had come in = late, but felt that his company was qualified based on their current clientele.

There was further discuss= ion regarding the review process. Mr. McDevitt stated that the process was set up the way it was to keep politics= out of it.

Mr. Croteau questioned wh= en the discussion would occur regarding the possibility of having a fiscal interes= t to the Town. He wanted to know i= f a third company would be included in the next process (December, 2011). He wanted to know what needed to d= one to prove that his company could service the Town. Chief Roark reviewed the items that would need to be explored before making decisions regarding the number of companies and the fiscal factors.

Mr. Croteau asked that the Selectmen comment regarding his question about the fiscal return to the Town and the probability of having three certified/qualified, well experienced t= ow firms on the tow rotation list in the year 2011.

Mr. McDevitt said if the Selectmen answered, it would be a political answer. He said they had enormous confiden= ce in the Police and Fire Chiefs and delegated the process to them. He wanted to keep them as the deci= sion makers.

Mr. Lynde said in his yea= rs as a Selectman he had never interjected himself into any aspect of who was award= ed the towing contract. He said = he would rely on the people hired to do the jobs to give the input as to what = they felt would be in the best interest of the Town.

Mr. Haverty stated he wou= ld seek Chief Roark’s opinion and suggested Mr. Croteau approach him with the suggestions.

Mr. Gleason felt the Poli= ce Chief had indicated that valid points were brought up and would follow up prior t= o the next review.

Chief Roark told the Selectmen that= Mr. Croteau had gone to him and appealed the MOU decision and he recommended th= at he speak with the Selectmen. = He said it was clear what he was tasked with and said in the next 12-18 months= he would have something ready for the Selectmen to review. Mr. Croteau asked if Chief Roark w= ould make the decision regarding the fiscal return. Mr. Haverty expected that Chief Ro= ark would do the research and come back to the Board with a recommendation.

Mr. Croteau thanked the S= electmen for their time and looked forward to working with the Town.

OTHER BUSINESS

Discussion – Charter Commission

Mr. McDevitt provided the Selectmen with a handout that he had circulated in the past which outlined = the reasons a Charter Commission may work for Pelham. He commented/summarized the shortc= omings of being an SB2 Town. He beli= eved it was possible to make some changes that would make the current system a little more responsive, be able to plan better and be a better government.<= span style=3D'mso-spacerun:yes'> He said the Town had changed the f= orm of government once in 270 years. He felt the Selectmen should consider the Charter Commission and would be important to have the five Selectmen present when voting on it.

There were no objections = by the Selectmen to postpone a vote until the next meeting to have the opportunity= to have a five-person board.

Meeting/Hearing Announcements

January 14, 2010 - Budget Committee Reconsideration & Budget Hearing at Pelham Elementary School Media Center – 7pm

January 19, 2010 – Selectmen Public Hearing: Fire Station Bond – Sherburne Hall – 6:30pm

The Selectmen discussed w= hat time they felt the Town Deliberative Session should begin.

MOTION:

(Lynde/McDevit= t) To have the Town Deliberative Session begin at 7pm.

VOTE:

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

February 2, 2010 – Town Deliberati= ve Session – Sherburne Hall – 7pm

February 3, 2010 – School Delibe= rative Session – Pelham Elementary School &= #8211; time tbd

The Selectmen discussed t= he location and time of the 2010 Town Meeting.

MOTION:

(Lynde/Gleason= ) To hold the 2010 Town Meeting at Pelham High School from = 7am – 8pm.

VOTE:

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

March 9, 2010 – Town Meeting ̵= 1; Pelham High School – 7am – 8pm

It was noted that the dat= es to submit an application for Town Office were January 20, 2010 – January 29, 2010.

Resignation of Trustee – Laurette Guay<= /p>

The Selectmen stated they= were grateful to Laurette for her service as a Trustee and were sorry to see her resign.

Mr. Gleason said he had a conversation with the Town Clerk relative to the expiration of the term and= the appropriate action that had to be taken.&n= bsp; He reviewed a portion of RSA 31.22 which read that vacancies shall b= e filled by the Selectmen for the remainder of a term. He recommended that the Selectmen = post the job, ask for applicants and appoint someone in the interim. Mr. McDevitt recalled there had be= en a person who applied for the position that the Selectmen liked. Mr. Gleason said he spoke with the individual and they were interested in the position. He told the individual that he wou= ld have to file for the position. Mr. McDevitt clarified for the public that the individual had applied last year= and had been interviewed; he was not hired at that time, but was encouraged to = come back.

MOTION:

(Gleason/McDev= itt) To accept the resignation of Laurette Guay (as Trustee of the Trust Funds)

VOTE:

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

Mr. Gleason expressed his gratitude to Laurette who was a valuable contributor to the activity. He said her presence would greatly= be missed. He expressed thanks t= o her for her time and dedication.

Budget Item Reconsideration

Mr. Gaydos provided the S= electmen with a breakdown showing the Selectmen’s proposed budget along with t= he Budget Committee’s proposed budget.&= nbsp; He said in some cases, the Selectmen would need to make some changes, such as the Fire Department inspector vehicle. He said the issue was that the Bud= get Committee would consider placing the vehicle in the budget and not making i= t a warrant article. He wanted to= make sure that the Selectmen were in favor of it; it was originally a warrant article. Mr. Haverty believed= that Mr. Viger was going to go to the Budget Committee and see if they were amen= able to the vehicle going into the budget; feedback would then be given to the S= electmen who would in turn make a decision to (possibly) put it into the budget.

Mr. Gaydos said he wanted= the Selectmen to be aware of every change being made by the Budget Committee so= the operating budget could be changed accordingly. He asked the Selectmen to vote reg= arding the Fire Inspection vehicle being placed back into the budget.

MOTION:

(Gleason/McDev= itt) To put the $30,770 out of the warrant article (for the Fire Inspection vehic= le) and back into the budget for the Fire Department.

VOTE:

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

Mr. Gaydos said the Health Officer’s budget had a $730 increase for mosquito control and recomme= nded that the operating budget be increased by that amount. Mr. McDevitt commented that the in= crease was in the contractual cost for the mosquito control.

MOTION:

(McDevitt/Lynd= e) To ask the Budget Committee to reconsider the Health Officer budget and add = $730 to that budget due to the increase in the mosquito control contract.

VOTE:

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

Mr. Gaydos then reviewed = the insurance adjustment amount of $300,391 (which was contractual) and provided a summar= y of the changes.

MOTION:

(Gleason/Lynde= ) To add $300,391 to the Operating Budget under Insurance.

VOTE:

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

Mr. Gaydos reviewed the C= ode Enforcement budget from which the Budget Committee cut $12,854. He said there was discussion and questions whether or not the position needed to be year-round. A memorandum composed by Planning Director Jeff Gowan was circulated to the Selectmen. The memo outlined the importance o= f the position and provided statistics of the cases that were addressed in 2008 a= nd 2009.

Planning Director Jeff Go= wan came forward and told the Selectmen he felt there was an argument to be made to request the funds be put back into the budget based on the statistics.

The Selectmen discussed t= he position and its importance for the Town.

MOTION:

(Gleason/Lynde= ) To ask that the Budget Committee support reconsideration to put $12,854 back into the Planning Department’s budget to cover the Code Enforcement Officer.

VOTE:

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

Mr. Gaydos stated that th= e Budget Committee removed $6,000 in water charges that Pennichuck would pay in sprinkling the Village Green. He said the Budget Committee would like to see a well installed on the property that would connect to it. A q= uote (in the amount of $17,150) was provided for the installation of a 400-foot = well and have it connected to the system.

After a brief discussion = the Selectmen made the following motion.

MOTION:

(Lynde/Gleason= ) To ask the Budget Committee to reconsider the Town Building budget and increase their amount by $17,150 to fund the installation of a= new well in lieu of paying water fees to Pennichuck.

VOTE:

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

Mr. Gaydos stated that the Transfer Station would like to purchase a skid steer and have the funds in = the operating budget rather than a warrant article. He said this situation was identic= al to that of the fire department (inspection vehicle).

MOTION:

(Lynde/Gleason= ) To ask the Budget Committee to reconsider the Transfer Station budget to add $18= ,029 to fund the purchase of a skid steer.

VOTE:

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

Mr. Gaydos then asked the Selectmen to discuss the reconsideration of gasoline; the recommendation wa= s to drop the budget by $30,285. H= e said they had gone through a number of predictions by experts who were estimating that the cost will drop.

The Selectmen discussed t= he proposed decrease.

MOTION:

(McDevitt/Lynd= e) To reduce the Town fuel/gasoline/diesel request by $30,285.75 to be spread among various departments.

VOTE:

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

Highway Bid Recommendations

The Selectmen reviewed the recommendations made by Highway Road Agent Don Foss. It was noted that there were twent= y nine items bid on; the document is a public document available for review.

MOTION:

(McDevitt/Lynd= e) To accept the recommendation of the Highway Department and award the bids as specified in the memorandum from Highway Road Agent Don Foss dated January 6, 2010.

VOTE:

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

Mr. Gaydos indicated that= the bids would be posted on the internet.

2010 Town Warrant Review

The Selectmen reviewed the proposed 2010 Town warrant articles. They also discussed their votes and made the decision to include the vote count on the ballot.

Mr. Gaydos told the Selec= tmen that a petition warrant article had been received which asked the Town to a= sk the state to define a marriage.

2009 Town Report/Voter’s Guide / Reply Card Quote Recommendation

Mr. Gaydos stated that la= st year the Town had significantly cut the number of books printed. He found the process of obtaining = the Town report to be successful. He said a number was bid for the books and voter’s guide. He would verify the number of book= s that would be printed and inform the Selectmen at the next meeting.

TOWN ADMINISTRATOR’S / SELECTMEN’S REPORTS

Mr. Gaydos had no report.= He said they had been working on t= he contracts. There had been suc= cessful changes made at the Transfer Station; people seemed to enjoy the easier way= to recycle.

Mr. Gleason stated that h= e met with the Council on Aging. He= said the (Senior Center) building committee was wor= king to get the message out to people about the extension to the building.

Mr. McDevitt asked that t= he Selectmen (at a future meeting) discuss fliers that were thrown on people’s property.

Mr. Lynde reported that he attended a meeting of the Municipal Advocacy Committee who was starting up = their meetings.

Mr. Haverty had no report= .

NON-PUBLIC

Mr. Haverty stated that t= he Selectmen had recessed their non-public session earlier in the evening and would now re-enter that session.

The Board re-ent= ered non-public session at approximately 8:= 55pm

The Board returned to public session at approximately 9:55 pm.

MOTION:

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

VOTE:

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

ADJOURNMENT

MOTION:

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

VOTE:

(4-0-0) The motion carried.

The meeting was adjourned at approximately 9:55 pm.

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

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

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