SEL20110215.mht

APPROVED

TOWN OF PELHAM

BOARD OF SE= LECTMEN MEETING

MINUTES

February 15, 2011

APPROVED &#= 8211; March 1, 2011

CALL TO ORDER – approximately 6:30pm

PRESENT:	Mr. Douglas Viger, Mr. = Edmund Gleason, Mr. William McDevitt, Mr. Robert Haverty
ABSENT:	Mr. Hal Lynde, Town Administrator Tom Gaydos

PLEDGE OF ALLEGIANCE

Senator Charles “Chuck” Morse

Senator Charles Morse cam= e forward to speak to the Town and Selectmen. He believed people were taking the state budget lightly and wanted t= hem to know that the nine hundred million to one billion dollar shortfall to the budget was a reality. He said= the Governor delivered the budget to the House, the House will deliberate on the budget until the end of March and the Senate will take it from there; their differences will be discussed in June.&nbs= p; He said along the way there would be things affecting communities th= at Pelham should call him on, such as the Retirement System. Senator Morse said when they get t= o a level of detail that he could communicate to the Town, he would do so.

Mr. Gleason commented tha= t there were two pieces of legislation pending that would have a direct effect on t= he towns; one - reduce property tax lien interest rates, which would have a detrimental effect on some of the Town’s revenue; and two - move to legalize car dealers in doing registrations. Senator Morse was not familiar wit= h the property tax lien interest rates. He was however very familiar with the car dealer situation. He said he had been contacting town clerks after meeting with selectmen. He said the intention was 10% of the registrations would happen at a= car dealership, the towns shouldn’t see any change financially. Town clerks shouldn’t see any added work out of balancing. = Senator Morse said the system was supposed to be set up so that the state worked wi= th a contractor and that contractor would make the deposits and live up to state standards. He outlined the pr= ocess that dealers would take when doing registrations. The Town shouldn’t see any r= evenue shortfall; every dollar a town would normally collect would still be collec= ted by the dealer. He said he wou= ld contact Pelham’s Town Clerk tomorrow.

Mr. McDevitt said he̵= 7;d like Senator Morse to continue to look out for the Town’s interest when reviewing the budget and by the state downshifting costs. Senator Morse discussed what had b= een happening in Concord and how they were working to correct certain situations that he felt were n= ot right. He discussed the Retir= ement System and the strain from the increases that could not be sustained. He said everyone would have to work together to make it work. Sen= ator Morse stated Concord was ripe for reforms and changes in government. Mr. McDevitt appreciated the concerns. He said because the Town’s 2011 budget was done, any additional costs coming down from the state this year would be particularly painful for the Town. Senator Morse said debates would o= ccur and when decisions were made, he would come back and speak to the Town about such. He discussed the current difficulties with the budget.

Mr. McDevitt discussed co= ncerns that had come up from constituents regarding flooding. He wanted Senator Morse to be awar= e that there were some areas in Town that had been flooded in the past few years t= hat never used to be. Some people= blame the Main = Street Bridge, which was reconstructed. Mr. McDevitt commented that at some point there should be a broader look at Bea= ver Brook, as it flowed through Town. Senator Morse, having served as a Selectman in Salem, was well aware of the Federal Government’s involvement in the issue.<= span style=3D'mso-spacerun:yes'> He assured the Selectmen that Pelh= am would have help to study the situation.&nb= sp; He had been brought up to speed on the issue by the former Senator.<= span style=3D'mso-spacerun:yes'>

Mr. Viger thanked Senator= Morse for meeting with the Selectmen. He said they looked forward to working with him over the next two years. Senator Morse said they would work through issues and would appreciate if the Town contacted him.

OPEN FORUM

Ms. Sandra Crawford, 13 Castle Hill Road came forward and read aloud a prepared statement regarding a complaint with= the Town specific to the use of a Town owned right-of-way off Castle Hill Road and regarding the violation of a recorded 30-ft.agreement and driveway permit. She said on July 6, 2010, July 20, 2010 and September 7, 2010 written requests were submitted to Town Hall for them to be placed on an agenda for a Selectmen meeting. She said they were a= lready using the Town owned right-of-way for necessary access to their property and had been doing so for thirty two years.&nb= sp; They wanted to relocate their access point to their lot further up on the right-of-way to eliminate the flooding and erosion conditions that had damaged their driveway in its present location. Ms. Crawford said they wanted to d= iscuss the issue at a Selectmen meeting, but were not allowed to do so. In an agreement dated September 24, 2007 (signed by Town Administrator Thomas Gaydos) it states the Town will attempt to cle= an and/or repair the culvert and ditch at the base of the Crawford’s driveway. She said the Town d= id not do so. She said their request= to meet with the Selectmen came three months prior to the October 7, 2010 agreement tha= t was reached by the Selectmen to give away a Town owned right-of-way that they h= ad been using. She said the deci= sion to give the right-of-way away was questionable and should be reviewed becau= se the Selectmen may be giving away their right to also use the right-of-way.<= span style=3D'mso-spacerun:yes'> Ms. Crawford said because of the topography of their lot and the raised leach field, they were limited to on= ly one point of access on their lot, which was in the Town’s right-of-way. She said the To= wn had owned the right-of-way for over twenty years and had never told them to move their driveway out of it. She= felt the Town was now doing so. Ms= . Crawford stated they were being put in a vulnerable position by the Town giving away= the right-of-way. She may have to defend her position. In 2002,= over a four month period, they notified the road agent, Planning Board Director = and the Town Administrator during the excavation and removal of the lateral land support along 200ft. of their property line and the construction of a wall along their property. Numerous photos and data were provided to the Town during this time. She noted that the Town did not st= op anything while it was happening and did not address their complaints appropriately. She said the T= own also did not enforce its own 30-foot agreement for the use of the Town̵= 7;s property. Ms. Crawford said t= hey were disappointed in how the Town had handled the matter and didn’t t= hink it was unreasonable of them to expect fair and equal representation from th= eir elected officials.

MINUTES REVIEW

January 4,= 2011

MOTION:

(McDevitt/Gleason) To approve the= January 4, 2011 meeting minutes as amended.

VOTE:

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

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January 18= , 2011

MOTION:

(McDevitt/Have= rty) To approve the January 18= , 2011 meeting minutes as amended.

VOTE:

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

PUBLIC HEARING: (R= escheduled from February 1, = 2011) Second of Two Hearings regarding a proposal to purchase two properties. The first being 109 acres located at 76 Spaulding Hill Road (Map 27 Lot 2/65). The second being .7acres located in Little Island Park (Map 24 Lot 12/59). These lots are being acquired for use as conservation land.

Mr. Viger read aloud the = notice of the Public Hearing.

Conservation Commission C= hairman Paul Gagnon came forward to answer questions or clarify any information.

There was no one present = to offer public input.

Mr. Gagnon explained that= a Purchase and Sale agreement had been signed by him and the Selectmen, which contained a stipulation that it was contingent upon the Board of Selectmen approving the purchase after holding two public hearings. He requested that the Selectmen ta= ke two votes; one on each parcel.

MOTION:

(Gleason/McDev= itt) To approve the purchase of 109 acres located at 76 Spaulding Hill Road (Map 27 Lot 2/65).

VOTE:

(4-0-0) The motion carried.

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

MOTION:

(Gleason/McDev= itt) To approve the purchase of .7 acres located in Little Island Park (Map 24 Lot 12/59)=

VOTE:

(4-0-0) The motion carried.

APPOINTMENT(S)

Discussion with Ron Hannon:&nbs= p; Transfer Station / Recycling Complex Plans

Ron Hannon, Director of t= he Pelham Recycling Complex came forward to discuss the facility. He began by discussing the accomplishments over the past year. He said he was given leeway last year and was hopeful to be granted = the same leeway in the coming year. Mr. Hannon explained he was looking to pull more material out of the waste stre= am by having personnel inside the building.&n= bsp; He believed they could pull an additional four tons per week out of = the stream. By having someone ins= ide the building it would further encourage people to recycle. The intent wasn’t to start o= pening bags, but rather to pull items that were visible to them. The estimated savings of having so= meone pull from the waste stream would be $14,000 per year. The additional person would not ju= st handle recyclables inside the building, they would also handle construction= /demolition waste materials. They could a= lso assist in loading the compactor. This person would also be able to cover during employee sick time and vacation time. Mr. Hannon sai= d an additional $30,000 net could possibly be obtained by handling residential haulers. He also discussed ot= her services that would offer cost savings, such as working with the Town build= ings and the schools pulling recyclables. This would eliminate dumpsters, free up parking spaces, stop people = from throwing trash into the dumpsters that shouldn’t be and also help saf= ety concerns such as fire hazards and rodent problems. Mr. Hannon said he was also lookin= g into having a hazardous waste program; there was a grant offering 50%. He discussed the possibility of of= fering freon removal. He also sugges= ted working with the schools to recycle, which could possibly save them 40% from their waste budget.

Mr. Gleason said the item= s would have to be reviewed. He comme= nted that with the budget process being complete, adding an additional person wo= uldn’t happen this year. He believed= freon and hazardous waste would require serious investigation in terms of whether= or not the Town had the capability and what liability would be introduced. He said the school waste sounded l= ike a good idea. He asked for clarification of the end of the year report. Mr. Hannon hadn’t seen the n= umbers Mr. Gleason referred to and would review the information. Regarding hazardous waste, Mr. Han= non said they would work directly with Concord. Mr. Gleason replied that it would = take a lot of discussion and review by the Board to determine what the Town’s exposure might be.

Mr. McDevitt echoed Mr. Gleason’s comments. He = said adding a person could be discussed in August when presenting next year̵= 7;s budget; it was too late to add someone in 2011. He noted there was a long standing practice that new full-time positions get voted by Town Meeting. He said when the additional person= is presented he would like to see the total cost (with benefits) quantified. Mr. McDevitt understood that when = trash bags were thrown over the wall, they belonged to the Town, but he felt they should be careful on the issue of who opens a trash bag and looks in it regardless of how well intended it is.&nbs= p; He was reluctant to give approval to do such. Mr. Hannon said they weren’t opening bags; they were taking recyclable materials out. There was a brief discussion regar= ding mandatory recycling and the Town’s reliance on voluntary compliance.<= span style=3D'mso-spacerun:yes'> Mr. McDevitt said personally he didn’t want to see people opening bags. He discussed hazardous materials collection and would love to see Pelham do it. He would like to see the numbers a= s to whether it could be done and what the liability concerns would be. He was in favor of composting, whi= ch was something he did at his own home.

Mr. Viger said the Select= men appreciated the information brought forward. He said in the next couple weeks t= he items should be brought forward for discussion. He said he saw a value in having t= he additional person and would like to explore the costs for next year. The Selectmen agreed that they wou= ld like to have further discussions with Mr. Hannon in approximately one month.

Mr. McDevitt encouraged M= r. Hannon to consider having the facility be open on Tuesdays after a Monday holiday. He asked that it be discussed when Mr. Hannon came back in a month. Mr. Hannon agreed that the facility should be open. Mr. Viger sai= d the issue would have to be explored. He recalled discussions about cost savings by closing the facility after Monday holidays.

OTHER BUSINESS

Senior Cente= r Requested Purchases

Mr. Gleason told the Sele= ctmen that the Senior Center was finished and was well received. He provided informa= tion regarding additions to the scope and the associated costs ($6573.09 - fire panel, ceiling support, replacement of rotted floors). He asked that the Selectmen approv= e the addition to the scope. Roland= Soucy (project manager) had verified the work had been done. Mr. Gleason stated that the total available through the Warrant Article was $285,000. He said the original KLN contract = was for $242,000. With the previo= us additions and the proposed additions the final contract with KLN is $255,05= 3. A summary of the entire warrant and disposition of funds was provided for review. Herbert and Associates was paid $1= 440 for preliminary work and test pits, the architect was paid $5670 for preparatio= n of documentation, Trident was paid $41.81, ads for the bidding process was $157.85, test pits were $400 and there was a late bill received from Zelonis for burying the propane tanks. There was a balance in the warrant of $21,238.75.

Mr. Gleason stated that t= he Senior Center Director put together a list of items they would like to put = into the new building. He said they could look at taking the cost from the residual amount in the warrant or ha= ve the cost come from the operating budget.&n= bsp; The request was for $5397 for 12 tables and 72 chairs which could be used by any organization using the facility; $2000 for Insulated/fireproof = drapes; and $1000 for a sound system (with four speakers). A quote to the do the floors (incl= uding the kitchen) came in from KLN for $9000.&n= bsp; Another quote for floors (excluding the kitchen) came in at $7212. The Council on Aging will pick up = the cost to do the flooring; the Selectmen will discuss accepting gifts at a la= ter date. Mr. Gleason said there = had been discussions regarding bringing the facility up to necessary fire protection levels, the estimated cost would be $2245 to bring the fire and smoke detectors up to fire code. There would be an additional $1700 to modi= fy the doors to swing the proper direction.&n= bsp; Mr. Gleason wanted to know if the Selectmen would authorize the expenditure of funds from the residual funds of the warrant article, specifically for the tables, chairs, drapes and amplifier system. And also if the Selectmen would authorize the upgrading of the fire protection system for the main building.

Mr. McDevitt was in favor= of it.

Mr. Viger said there was = a fine line based on the wording of the warrant article which stated the construct= ion of an addition. He couldnR= 17;t support the tables, chairs or drapes. He brought the same issues up with other departments and purchases a= nd had made them hold true to the warrant article. Mr. Gleason stated that he wrote t= he warrant article for the extension. In his view an extension to a building is thought of as a turn-key operation; typically some things are included to make it functional. He said the dilemma was that certa= in items were needed. The remain= ing money from the warrant could be turned back to the general fund, but the it= ems would still be needed and would end up being paid for. Mr. Gleason respected and apprecia= ted Mr. Viger’s position but felt the prudent thing would be to recognize that the extension needed to be a turn-key operation.

Mr. McDevitt made a motio= n to authorize the purchase of items outlined by Mr. Gleason. Mr. Gleason seconded the motion. He noted it was anticipated even w= ith the expenditures they would turn back approximately $10,000 to the General Fund. He would personally be adamant about sending the money back. He felt it was important to return the money and not spend it needlessly.

MOTION:

(McDevitt/Glea= son) To grant the authorization to the Senior Center to purchas= e the additional items outlined by Mr. Gleason, up to but not exceeding, the fu= ll amount of the Warrant Article that was approved by the voters.

VOTE:

(3-1-0) The mot= ion carried. Mr. Viger voted no.

SELECTMEN’S REPORTS

Mr. Haverty had no report= .

Mr. McDevitt asked permis= sion to conduct a review of warrant articles on cable television as was done last y= ear. There were no objections by the Selectmen.

Mr. Gleason told the Sele= ctmen that the Budget Committee met after the Deliberative Session and approved t= he default budget and modification to bring the Selectmen’s budget up. They also approved the kindergarte= n. He then informed that the 29^t=
h annual Legislative Forum would be held February 17^th at 6:30pm at the Budweiser Br= ewery. He then stated he would meet with = the Rockingham CEDC Steering Committee to discuss waste water projects, municip= al sharing sub-grant programs and the 2011 priority project list.

REQUEST FOR NON-PUBLIC SESSION

MOTION:

(Gleason/Haver= ty) Request for a non-public session per RSA 91-A:3,II, c &d (Matters whi= ch, if discussed publicly, would affect adversely the reputation of any perso= n; Consideration of acquisition, sale or lease of property)

ROLL CALL:

Mr. Viger-Yes;= Mr. Gleason-Yes; Mr. McDevitt-Yes; Mr. Haverty-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 7:50 pm.

The Board returned to public session at approximately 9:30 pm.

MOTION:

(Haverty/McDevitt) To seal the mi= nutes of the non-public session indefinitely.

VOTE:

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

ADJOURNMENT

MOTION:

(McDevitt/Have= rty) To adjourn the meeting.

VOTE:

(4-0-0) The motion carried.

The meeting was adjourned at approximately 9:30 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