SEL20110830 Not Approved.mht

NOT APPROVED

TOWN OF PELHAM

BOARD OF SE= LECTMEN MEETING

MINUTES

August 30, 2011

CALL TO ORDER – approximately 6:00pm

PRESENT:

ABSENT:

Mr. Edmund Gleason, Mr.= Douglas Viger, Mr. Robert Haverty, = Town Administrator Tom Gaydos

Mr. William McDevitt, M= r. Hal Lynde

REQUEST FOR NON-PUBLIC SESSION

MOTION:

Request for a non-public session per RSA 91-A:3,II, c, e (Matters which, if discussed pub= licly, would affect adversely the reputation of any person; Consideration or negotiation of pending claims or litigation)

ROLL CALL:

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

It was noted tha= t when the Board returned, after the non-public session, the Board would resume th= eir meeting and address the remaining agenda items. The Board entered into a non-public session at approximately 6:0= 0 pm.

MOTION:

To seal the minutes of the non-pu= blic session indefinitely.

VOTE:

(3-0-0) The mo= tion carried.

The Board return= ed to public session at approximately 6:30pm.

PL= EDGE OF ALLEGIANCE

MNUTES REVIEW

August 16,= 2011

MOTION:

(Haverty/Viger= ) To approve the Au= gust 16, 2011 meeting minutes as amended.

VOTE:

(3-0-0) The mo= tion carried.

OPEN FORUM

Mr. Mike Sherman, 10= 3 Old Bridge Street came forward to discuss another possible use for the fund balance. He believed the Selectmen were goin= g to use it for the easement at Muldoon Park because they understood there could be an accident in that area and they wanted to have another road in there to help (improve) the situation. He stated there was a flooding iss= ue in Town. An ad hock flood commit= tee had been formed, however there was no power behind it because there were no funds backing it (for studies or matching funds). Mr. Sherman was aware that the Pla= nning Director, Jeff Gowan, would be requesting a warrant article to get funding = for such studies etc. He didn’t believe that the warrant article would pa= ss, mainly because there were very few people that flooded and people would wan= t to see their taxes go up for the betterment of a few. He asked if the Selectmen would consider, when reviewing budgets and fund balances, using some of that money and transferring it to provide the flood committee with ‘teeth’= to be able to work with FEMA, the Army Corps of Engineers, etc. He said it wouldn’t do the T= own any good to build (pharmacy, banks etc) in that area of Town if fire trucks wouldn’t be able to get across the bridges to take care of them.

Mr. Gleason commented that the Selectmen could use the fund balance legally to reduce taxes at the time the tax rate is established. Any other use of the fund balance required a vote of the Legislative Body (voters). He believed the suggestion Mr. She= rman was making is when Mr. Gowan drafts the warrant article that it contain a stipulation to have the funding come from the fund balance. He said the Selectmen will take the suggestion under advisement and try to act in the interest of all the citiz= ens and do the right thing. =

APPOINTMENTS

Monica Gordon, Corc= oran & Associates – Assessing Report

Ms. Monica Gordon of Corcoran & Associates (contracted assessors = for the Town) came forward to discuss the latest evaluation of the Town. She provided preliminary updated v= alues for 2011 based on their analysis. She said they were at the end of their fourth year of the cycled update; in 2012 the last phase will be completed which will list all the commercial, indust= rial and exempt property. She disc= ussed the revaluation process and data they had obtained.

Mr. Gleason summarized the information; Corcoran was requesting a 3% reduction in the Town-wide valuation based upon their analysis. It was also recommended to get the information out in a less costly manner, however, the state recommends providing a formal notification. Mr. Gleason questioned if the operating budget included money for notification.= Mr. Gaydos said it did. Mr. Gleason felt notification shou= ld be given to people so the Town wouldn’t subject itself to criticism. Mr. Haverty agreed. He felt the Town should do everyth= ing possible to get the information into tax payer’s hands. Ms. Gordon noted if someone wanted= to contest their valuation they would have the opportunity to do so until March 1, 2012. She said if anyone had questions, = they could contact them at any time.

Mr. Gleason recalled when the cyclical revaluation process was put in place. He believed the propos= ed notification would be a good mechanism to let people know that the Town was following the process and would continue to do so. He said the system was working and= was beneficial. Mr. Viger asked h= ow much notification would cost. Ms. Gordon said a rough estimate was $5600.&nb= sp; Notification would be sent out; it was considered by the Selectmen t= o be standard operation (and policy for the assessing department) with funding contained in the budget.

MOTION:

(Haverty/Viger) To set the new valuation having an overall reduction of 3% - which would = get the Town to a 97% equalization ratio.&nb= sp;

VOTE:

(3-0-0) The motion carried.

Notices will be sent out by the end of the week. Mr. Gleason wanted it to be clear = that although the valuation was reduced, it would not represent a 3% reduction in taxes. It was strictly for evaluation purposes. Ms. Gord= on would provide Mr. Gaydos with a sample letter for review.

Police Chief Joseph= Roark – Pawn Broker Ordinance

Police Chief Joseph Roark came forward to review the revised Pawn Bro= ker Ordinance. He commented that = with the change in the economy and certain social conditions, pawn shops were causing a lot of problems for communities because pawn brokers unknowingly = took in stolen/misplaced property. He said Pelham needed to have an ordinance in place to keep track of what was coming in and have review in place to recover stolen property and identify suspects through patterns of pawning. Chief Roark provided a draft Pawn Broker Ordinance to the Selectmen = and suggested it be put on the Town web for review/comments by the public. It was noted that the proposed ord= inance was for retail-type of establishment; a physical business (with a sign and a door). The Ordinance did not include yard sales, consignment shops or on-line sales.

Mr. Gaydos reviewed the public hearing / review process. It was decided to set public heari= ngs for the next two Selectmen meetings, which would provide a month for commen= t/input.

Jeff Gowan, Planning Director – Permit Rates

Planning Director Jeff Gowan met with the Selectmen and reviewed the = recommended revised fee schedule. He star= ted comparing the Town’s fees with other communities after having a conversation with a neighboring town’s planning director who commented that Pelham’s fees (for inspections and applications) were ludicrously low. He said he reviewed the = fee schedule and found it hadn’t been raised in well over a decade. He reviewed the proposed changes.<= span style=3D'mso-spacerun:yes'>

Mr. Gleason wanted to ensure, given the present economy, that the increases were done based on cost rational. He asked if the fees would subsidi= ze some of the incurred costs in performing the work (of the inspectors). Mr. Gowan believed the fees to be reasonable. He said the statu= te wasn’t clear who had the authority to raise fees so rather than make = any errors; he would seek the endorsement of both the Selectmen and the Planning Board.

The new fee schedule will be posted for public consideration/input and placed on a future agenda in mid-October.

OTHER BUSINESS=

Discussion – = Cistern Flags & Repair

Mr. Gaydos said the Selectmen previously had a conversation and spoke about doing one item or the other. During that conversation the point was made if the cistern couldn’t be found (because there was no flag) it was as good as not having the cistern, and if a cistern needed repairs, it was also like not having it. The question came = down to whether the Selectmen wanted to authorize both items in one year for saf= ety purposes. Mr. Gaydos said the= Town had seen dramatic savings due to the New Hampshire Retirement rate being lowered. He felt the budget c= ould easily absorb $3500 to fund the cistern flag and repair.

Mr. Gleason was in favor of having both items done because of them be= ing life safety issues. Mr. Viger agreed that the items should be done now, versus waiting until March when t= here may be several feet of snow on the ground.= The Selectmen concurred with having the items done this year due to = the life safety aspects.

Fire Chief James Midgley came forward to discuss the recent hurricane= and what actions the Town departments performed. He began by stating he was out of = Town (at a conference) during that time and Lieutenant Ray Cashman filled in and= did a fantastic job bringing the Fire Department up to where they needed to be = in preparations. The Town depart= ments worked closely together understanding what was expected and what their capa= bilities would be. <= /p>

<= st1:address w:st=3D"on">Muldoon Park Gravel Drive Bids – Possible Award

Mr. Gaydos reported that the Town advertised in two newspapers and put the bid packages on the internet. Three people came to the mandatory pre-bid opening; two people ended= up bidding. Mr. Gaydos discussed= what the submitted bids entailed. = The two bids came in at $682 apart. He asked the Selectmen to award the bid conditional on testing to ensure the T= own was still in compliance with their permit.=

Mr. Gleason asked if there were still plans to hold a ceremony to recognize Mr. Phil Currier’s contribution to the effort through the donation of the easement. Mr. Gaydos answered yes. Mr. Glea= son confirmed that the bid process was public and open; all necessary documenta= tion was available to bid. The sea= led bids were opened in public. The low bidder was J.R. Gauthier, based upon the bid opening. Peter Zohdi of Herbert Associates = was also present and a witness to the bids being opened. Mr. Gleason said the Warrant Artic= le (for the second egress) began with $130,000; some of the funds were used for preparation work. There was approximately $124,000-$125,000 remained.&= nbsp; Mr. Gleason asked what decisions remained relative to accepting J.R. Gauthier’s recommendations. Mr. Gaydos said those decisions don’t need to be made right aw= ay; they were alternates that had been offered.

MOTION:

(Haverty/Viger) To award the bid for $123,318 to J.R.G. Incorporated conditional upon the Department of Environmental Services approvals still being in place.

VOTE:

(3-0-0) The motion carried.

July Revenue & = Expense Review

This item was deferred. Mr. Gaydos commented that there were no issues with any department; everyone was working well within their guidelines. There were some exceptions; however, those were due to anticipated projects. He mentioned that t= hey anticipated approximately $1.9 million in revenue; currently they were runn= ing 2.5% ahead of where they intended to be.&n= bsp;

Raymond Park Naming Requirements

This item was deferred until Selectmen McDevitt was in attendance.

Reminder – Se= nator Shaheen’s Office Representative Walk-in Office Hours Thursday, Septem= ber 8^th from 12:00-2:= 00pm, in the Town Conference Room of the Municipal Building=

ACTION ITEM REVIEW<= o:p>

The Selectmen reviewed the action item list and made revisions where = necessary.

TOWN ADMINISTRATOR / SELECTMEN REPORTS

Mr. Haverty and Mr. Viger had no reports. Mr. Gaydos reported he was starting on Department Head evaluations, which were due shortly.

REQUEST FOR NON-PUBLIC SESSION

MOTION:

(Haverty/Viger) Request for a non-public session per RSA 91-A:3,II, a (Personnel)

ROLL CALL:

Mr. Gleason-Ye= s; Mr. Haverty-Yes; Mr. Viger-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 8:00 pm.

MOTION:

To seal the minutes of the non-pu= blic session indefinitely.

VOTE:

(3-0-0) The mo= tion carried.

ADJOURNMENT

MOTION:

To adjourn the meeting.

VOTE:

(3-0-0) The motion carried.

= Respectfully submitted,

Charity A. Landry Willis

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

BOARD OF SELECTMEN ACTION ITEMS

March 22, 2011=

Mr. Gowan to advise Selectmen whether the CIP will be instituted= ; ~~Mr. McDevitt will contact Planning Director Gowan re: Planning Board’= ;s intentions for (reforming)~~ CIP (Planning Board to make final decis= ion- Selectmen resolved 4/12/11- left open for further resolution by Mr. Go= wan; 5/10/11 Mr. Gaydos to follow up with Mr. Gowan re: status)(6/7/11 Mr. McDevitt said the Chairman of the Planning Board would set the CIP on = the shelf for the time being because there was no public interest – after discussion with Selectmen, he said he would go back to Planning = and ask that they reconsider) (7/5/11 – Mr. McDevitt to ask the PB on 7/7/11 their plans for CIP and if they would reconsider reinstituting = the committee)(8/2/11 Mr. Gaydos spoke with department heads to put togeth= er their own CIP)(8/9/11 – Mr. Gaydos believed they had a complete = list of all the equipment in Town. Ms. Kelley will circulate that list to the departments requesti= ng they advise what condition it was in)(8/30 – ongoing – a l= ist of all equipment, trucks etc. was done. Mr. Gaydos will have a meetin= g with Selectmen Viger to review a replacement schedule);

March 29, 2011=

Mr. Gaydos to provide schedule for 2^nd egress at Muld= oon; presentation of plan (4/12/11 – plan to be received 4/13/11 Mr. Gaydos will request Highway Safety = Committee recommendation; 5/10/11 Mr. Gaydos said when he received the easement agreement and the deed is drawn up – that paperwork will be forwarded to Mr. Phil Currier = for review/approval)(6/7/11 – Mr. Gaydos said they were awaiting Mr. Currier’s comments on the easement deed / Mr. McDevitt said the Planning Board was awaiting information from Selectmen as to the traff= ic flow at the Muldoon Park property line / Highway Safety Committee recommended both egresses be two-way traffic, and during the winter to= close the Nashua Road access)(6/21/11 – Mr. Gaydos provided an update = that the access would be the full 50ft. and the Little League would be able= to move their fence out 8ft)(7/5/11 – Mr. Gaydos to set a public hearing – additional information to be provided to the Highway Safety Committee and Planning Board)(8/2/11 – Mr. Gaydos said the plan had been received. = The RFP was put out. Prior t= o bids being accepted a pre-bid meeting would be held and have the DES permit= reviewed. Mr. Gaydos will discuss with = the Planning Director the possibility of having the Planning Board sit in = on a public meeting held by the Selectmen)(8/9/11 – A mandatory pre-b= id meeting date will be set and advertised – a joint meeting will be scheduled with the Planning Board)(8/30/11 – bid was awarded pro= ject to proceed);
Mr. Gaydos to speak with Police Chief regarding schedule for enacting Pawn Broker Ordinance (4/12/11 – Mr. Gaydos informed th= at the Police Chief was doing a lot of work with policies in accordance w= ith being a certified agency, once completed he will work with Legal on the Pawn Broker Ordinance)(4/26/11 Police Chief rewriting the ordinance -u= pon completion will be reviewed with Mr. Gaydos then given to Selectmen)(7= /5/11 – Police Chief has been working to replace and officer – t= his item will be scheduled soon)(8/9/11 – The Police Chief is ready = to meet with the Selectmen and agenda item will be scheduled with the Chairman)(8/30/11 – public hearings to be scheduled);
Planning Board to make recommendation to Selectmen regarding Art= icle #14 (portion of Mulberry Lane, portion of Shephard Road and all of Lan= nan Drive)(8/2/11 this will stay on the list to remain on the Selectmen’s radar, Mr. Gaydos to follow up with Mr. Gowan regard= ing status)(8/9/11 waiting for the contractors to complete work so the Planning Board will be ready)(8/30/11 – Planning Board has yet to make recommendation);
Mr. Gaydos to put timeline together for Castle Hill Road (6/7/11 easement being completed that would allow the Crawfords to access their property)(7/5/11 – Mr. Gaydos stated the project was moving forw= ard, there were other issues to get out of the way prior to addressing this= )(8/2/11 Mr. Gaydos is working with Attorney Solomon and will have a timeline quickly)(8/9/11 – Mr. Gaydos continuing to work with Attorney Solomon- associated correspondence will be provided to the Selectmen)(= 8/30/11 – still in progress);

April 26, 2011

Mr. Gaydos to review vendor list and iden= tify which items should be discussed. (5/10/11 – Mr. Gaydos created a list and w= as further breaking it out because some vendors supply more than one item= ) (7/5/11 Mr. = Gaydos said the Town was spending a lot of time concentrating on a law suit – this will then be addressed)(8/2/11 Mr. Gaydos to provide status of the items. Mr. Gleason said = after budgets were completed he would add this as an agenda item in September for discussion)(8/30/11 – completed and will be circulated for discussion at future meeting);

May 10, 2011=

Mr. McDevitt researching appropriate sign= age for Raymond Park (where parcels are located and what names were allowed per deeds) (= 6/7/11 Mr. McDevitt said research was completed and would like to discuss with the Board after the meeting of 6/28/11)(7/5/11 – Mr. McDevitt said a discussion s= hould be scheduled regarding the names at Raymond Park. Information is avail= able to educate the Selectmen. A discussion will be scheduled for July 19, 2011)(8/2/11 Mr. McDevitt said the Board had received= a draft of the naming requirements of the park, which raised additional questions. The Selectmen= will schedule a discussion at a later time)(8/9/11 – there is a question whether there could be signs that stay up at Raymond Park – this= is in the process of being addressed)(8//30/11 – agenda item scheduled);

May 24,= 2011

Mr. Gay= dos to contact the Congregational Church to find out how long they would allow the Town to use their property (7/5/11 – Mr. Gaydos said he would continu= e to follow up. They previous= ly had an agreement and didn’t believe that would change.)(8/2/11 Mr. = Gaydos said he owes Mr. Currier some materials)(8/9/11 – Mr. Gaydos is pulling together t= he plans from several years ago of what was intended to be built in the e= vent they were to build something behind the fire station – informati= on to be provided to Mr. Currier)(8/30/11 – Mr. Gaydos still pursuing with = Mr. Currier);

July = 5, 2011

Mr. Gay= dos to request from Comcast something in writing indicating there will be no additional charge for moving cable to new fire station location (8/2/11 Mr. Gaydos said there were several issues he would deal with all at on= ce when Comcast returned the signed contract)(8/30/11 – contracts returned – Town will approach Comcast with two required follow up letters of agreement);=
To ensu= re a side letter is received from Comcast for the free internet service for= the school (8/2/= 11 this item included with the above)(8/9/11 Mr. Gaydos awaiting response from Comcas= t).

July 26= , 2011

Mr. Gay= dos to provide Selectmen with backup information regarding the Ambulance Capi= tal Reserve Fund (warrant article and RSA) and the Selectmen’s autho= rity (8/2/11 wording that initially appeared to be straight forward isnR= 17;t – further review is needed)(8/9/11 – Mr. Gaydos to meet wi= th Mr. Gleason to see if they come to the same conclusion regarding the information / Mr. Gleason said the information was ambiguous. He didn’t think they co= uld solve it unless they went back and pulled warrants to do an analysis of what was spent)(8/30/11 – need to finalize);

Mr. Gle= ason will provide the Selectmen copy of the wording from the Ambulance Capi= tal Reserve warrant (8/2/11 still being reviewed);=

August = 2, 2011

Obtain = status regarding Young’s Crossing and the flashing sign on Route 38/Gage Hill Road/Ledge Roa= d intersection and from Police Chief. (8/9/11 Mr. Gaydos had a discussion = with Police Chief Roark regarding the flashing light and there may be less expensi= ve alternatives. The Chief = has requested a meeting with the DOT district for Pelham)(8/30/11 – corres= pondence received from State – Mr. Gaydos to work with Police Chief Roark= to compile accident statistics);

Augus= t 16, 2011

Mr. Gay= dos to research if there is legislation pertaining to dam water releases for a future agenda item (8/30/11 –Mr. Gaydos working on response regarding dam water releases and hoped it would also address the flood ordinance Mr. Gowan was working = on)