SEL20111220

APPROVED

TOWN OF PELHAM

BOARD OF SE= LECTMEN MEETING

MINUTES

December 20, 2011

APPROVED &#= 8211; January 3, 2012<= /p>

CALL TO ORDER – approximately 6:30pm

PRESENT:

ABSENT:

Mr. Edmund Gleason, Mr.= Doug Viger, Mr. Robert Haverty, = Mr. William McDevitt,

Mr. Hal Lynde, Town Administrator Tom Gaydos

None

PLEDGE OF ALLEGIANCE

MINUTES REVIEW

November = 8, 2011

MOTION:

(McDevitt/Lynde) To approve the <= st1:date Year=3D"2011" Day=3D"8" Month=3D"11" w:st=3D"on">November 8, 2011 meeting minutes as modified and subject to review of the issues Selectman Lynde addressed.

VOTE:

(4-0-1) The mo= tion carried. Mr. Viger abstained.

Mr. Lynde requested clari= fication of wording line 198 (2.1 million); and confirmation of figure line 217 ($145,000)

December = 6, 2011

MOTION:

(McDevitt/Viger) To approved the December 20, 2011 meeting minutes as amended.

VOTE:

(3-0-2) The motion carried. Mr. Hav= erty and Mr. Lynde abstained.

OPEN FORUM

None.

APPOINTMENTS

Ron Hannon, Director Pelham Environmental Recycling Complex (‘PERC’): 2= 011 Budget – Overrun Discussion; 2012 Budget – Reconsideration Discussion

Mr. Hannon explained that= the department had exceeded its budget in 2011 and that the 2012 budget needed = some restructuring. He said they k= new the 2011 budget was off and as the year progressed they realized they would= be over. They made many adjustme= nts and changes hoping to alleviate some of the burdens. In November Mr. Hannon informed Mr. Gaydos that the department would exceed their budget. He said they were unlike the other (Town) departments; there were many things that could adversely affect the facility. He discussed some o= f the items that may have affected the budget, such as the commodities taken in, = the new users at the facility (over 300 new users), the weather, the economy, additional services, fuel price increase etc. He gave a brief comparison of the = 2010 tonnage versus 2011. He said = when being asked to have zero increase in doing the 2012 budget, he wouldn’= ;t know what the numbers would be in 18 months but would give his best guess.<= span style=3D'mso-spacerun:yes'> He noted they encountered approxim= ately $8600 in unanticipated repairs. He said it wouldn’t be right, on a go forward basis, to keep the 2012 bu= dget the way that it was. Mr. Hann= on ended by commenting that the department had more revenue than last year.

Mr. Gleason questioned if= it could be assumed that everything bad that happened this year was a one time occurrence, or if it was Mr. Hannon’s opinion the department would se= e a similar scenario next year. M= r. Hannon wanted to think it was an anomaly, but felt the prudent thing would = be to not use this year’s numbers for next year’s budget. Mr. Gleason looked at the C&D numbers and believed Mr. Hannon had previously come to the Selectmen to indicate it was problematic and wanted to have fees associated with it. Mr. Hannon said they knew there we= re some problems and had restructured some of it half way through the year. He discussed some of the difficult= ies with the C&D. Mr. Gleason= asked Mr. Gaydos if he had the revenue input relative to whether or not it was a losing program; revenue versus expense.&nb= sp; Mr. Gaydos believed they broke even on the disposal cost; it was the hauling that put them under. =

Mr. Viger recalled that <= st1:City w:st=3D"on">Windham had some = problems with C&D and questioned if Pelham would be able to get its C&D back= on track with budgeting. Mr. Han= non believed by January 1^st they will have done enough changes and refining to the operation so everyone would be on the same page. He believed they could handle the situation on a per container basis and if it didn’t work, they would phase it out. Mr. Viger was h= appy to hear that the program would at least break even or be profitable. Mr. Hannon said he had gone back a= nd reviewed the hauling invoices and found there were areas that needed improvement. Going forward he= would be watching closer.

Mr. Gleason wanted to asc= ertain the extent of the problem was for 2011 and then look at 2012 and how it wou= ld relate and if there was anything that could be done to mitigate it. In looking at the paperwork, he sa= w in 2011 there was a $63,500 problem. Mr. Gaydos said he took every invoice they received (as of today) and were approximately $18,441 over budget; if a $19,900 Allied bill was added,= and a $7500 Empire bill, and an additional $4500 for payroll the 2011 overage w= as $50,341. Mr. Gleason asked wh= at number the department would like to go forward with for next year’s budget. Mr. Hannon had some o= f the numbers, and expected to receive one more the next day.

Mr. Viger believed with t= he bills coming in, the department was getting a handle on the magnitude for this year. He felt Mr. Gaydos and = Mr. Hannon should put something together to present to the Budget Committee at reconsideration after the Selectmen’s review. Mr. Gleason was looking for a wors= t case number for 2012. Mr. Gaydos believed in two weeks time they could have a plan of what the anticipated c= osts would be, but also a plan for the performance. There was further discussion of ho= w to proceed and what information the Selectmen would like to review. Mr. Lynde requested information specifically about tonnage and number of loads. Mr. McDevitt would like to see the numbers projected into 2012 with C&D and also without C&D.

Mr. Gaydos said if he and= Mr. Hannon met and reviewed the areas identified (i.e. tonnage, hauling) they c= ould discuss what the number could be. By the end of the week, he felt the Selectmen could be provided with an idea of what the program would be with and without the C&D; the costs for furniture. Mr. Gleason reiter= ated the process outlined by Mr. Gaydos and gave Mr. Hannon the responsibility to come back to the Selectmen with a proposal that could be analyzed. He said the Selectmen will schedul= e Mr. Hannon to come back at their next meeting.=

State Representative Shaun Doherty – Hillsborough County= State Representative Redistricting

Representative Doherty ca= me forward to update the Selectmen on the situation of redistricting of the St= ate Representative Districts of New Hampshire; specifically Pelham’s side= of the county. He said during th= e election cycles (since 2002) Pelham has been combined with other Towns. He explained that the latest plan = was one he strongly disagreed with and noted that Pelham and Hudson would be combined giving a total of eleven members (Hudson having 7 members – = Pelham having 4 members). Currently = there were thirteen representatives. Representative Doherty stated Pelham could support it’s own with four members. The Town’s population is just under 13,000. He discussed the current set up and how it had been arrived at. Currently there was an amendment, = once passing special committee on redistricting, would go to vote of the full Legislature January 18, 2011. After which it would go to the Governor for approval and would be either signed, = or vetoed.

Mr. Gleason said he asked Representative Doherty to meet with the Selectmen so they could find out wh= at the Board could do to help and formally document their opposition to the redistricting plan. Represent= ative Doherty stated that the Board could send a letter to all of the members in = the district, to the Speaker of the House and to the Majority Leader. The public could also be encourage= d to do the same.

Mr. McDevitt discussed Pe= lham’s representation and his thoughts regarding those who represent Pelham. He was disappointed that represent= atives (excluding Representative Doherty) didn’t come to Pelham. He felt the Town could only be represented if the representatives knew the Town. Mr. McDevitt felt the Selectmen sh= ould write to the Governor, let him know their thoughts and urge him to veto a b= ill that would not give Pelham the opportunity to be represented by residents of Town. He said the Selectmen s= hould also be in touch with the Speaker, the Majority Leader, the Minority Leader, the State Attorney General and the thirteen State Representatives. He was unsure what motivation the Representatives (excluding Rep. Doherty) would have to pass the floor amend= ment because it would mean that three of them would be out of a job. He felt the letters should be sent= within the next week and let them know the Town’s concerns.

Mr. Viger questioned if t= he situation was unique to the Towns in our county, or if there were other tow= ns experiencing the same thing. = Representative Doherty said it wasn’t entirely unique; there were other towns within= the state that met the requirement, but none that were as large as Pelham.

Mr. Lynde said there had = been a discussion regarding the issue approximately a year ago. He thought legislation was passed = that would almost assure that this situation would not occur. He asked what nuance had gotten th= e Town in the bind. Representative D= oherty said nothing was different, he was referring to the Constitutional Amendment from 2006 (overwhelming passed by the voters). He said there was language contain= ed in the amendment that indicates a town cannot be denied representation by taki= ng members and floating them. He believed Pelham was the victim of towns around it having 6.5 or 7.5 members worth of population. He was j= ust a surprised to see the plan eventually going to committee that had Pelham lum= ped in with other towns. Mr. Lynde asked if floaterials were allowed. Representative Doherty replied that the 2006 amendment allowed it, a= nd noted that there was nothing about them in statute before. Mr. Lynde said if they are allowed= , how could Pelham be denied the representation it was due. Representative Doherty stated that= a floaterial could not be used to deny a town a full member they were entitled to. He discussed how the memb= ers could be determined based on population numbers. Out of the plan Litchfield will ha= ve guaranteed representation, possibly two members.

Mr. Gleason asked for con= currence that letters were to be sent to the Legislature, Governor and Attorney Gene= ral expressing the Selectmen’s concern about the lack of representation f= or Pelham and the need for a veto and consideration for Representative Doherty’s plan. Represe= ntative Doherty said there was no amendment drafted at this time; it will be moved = January 18, 2012. He felt the Selectmen would be well advised to urge the members to not support a plan that denies Pelham guaran= teed representation, or lumps towns together.&n= bsp; He said he would be more than willing to assist with wording. There was no objection to having M= r. Gleason sign the letter that would be sent out.

Representative Doherty ur= ged the public to write to their representatives.&= nbsp; Contact information can be found on the website for the New Hampshire State Legislature.

Jeff Gowan, Planning Director – Code Enforcement Reorganization

Mr. Gowan said for the la= st six months to year there have been discussions regarding certain aspects of code enforcement and perhaps restructuring.&nbs= p; Significant changes have been made to code enforcement and reporting structure. He asked that the role/individual not be referred to as the Code Enforcement Officer, but rat= her the Code Compliance Official (‘CCO’). He felt the word ‘officer= 217; was misleading and possibly inappropriate moving forward. Mr. Gowan said if the position is reinstated (it was eliminated from the budget by the Budget Committee) the person he would look for would be someone who had skills that have not been exhibited in past code officers, higher efficiency/familiarity with certain computer programs, higher focus on communication skills (between public and staff), understanding the importance of enforcement and seeking compliance. He would also like someone who could have an alternating work schedule. Mr. Gowan focused on changing the reporting structure and would like to utilize the Office Manager for that r= ole, once the individual was fully trained.&nbs= p; He said the Town’s Zoning could be complex; there were people = that were in violation without knowing it. The letters to residents and business owners have been drafted to be polite and efficient. Mr. Gow= an said if the position was reinstated, the Selectmen were invited to be invol= ved with the final interview process; code enforcement was statutorily a direct extension of the Selectmen’s authority.

Mr. Gleason questioned ho= w many hours per week the individual would work.&= nbsp; Mr. Gowan said it would remain what it had been at 24 hours (three d= ays per week), but would like to create a floating schedule with possible Satur= day hours. There would be no over= time or benefits associated with the position.&= nbsp; Mr. Gleason reviewed the skills listed for the position and question= ed if they would be able to capture an individual to fit those. Mr. Gowan said it would be a challenge. He noted the diffi= culty of the position and commented that he had his life threatened when doing the job. There was a brief discus= sion regarding the reporting structure and who the person would report to for different circumstances. Mr. = Gowan said he would like to send the Office Manager to management classes so duri= ng the six month training period of the code official so management could then= be transferred to the Office Manager. He believed the Office Manager to be very capable and up to the task.

Mr. Viger saw that the co= de official would handle code compliance and questioned they would also handle= zoning compliance. Mr. Gowan said it= was considered and possibly more appropriate to review it at the next phase. At this point he would like to add= ress the structure in the office and the individual, assuming the position is reinstated. Mr. Viger assumed= in the long term the candidate would be capable of handling zoning as well as = code compliance. Mr. Gowan said zo= ning was the primary duty of the individual; code compliance was a piece of it.<= span style=3D'mso-spacerun:yes'> Mr. Viger said there may be some confusion in the Town of the difference between code violation and zoning violation. Mr. Gowan said he = would make some clarifications.

Mr. Lynde commented that = he would like to see some kind of a log system to be able to track where the CCO had been and what they had observed. Mr. Gowan said they had been keeping a daily log using 15 minute intervals. Mr. Lynde questioned the taking of= photographs and asked why permission may be needed to take such from a public street. Mr. Gowan consulted with counsel a= nd indicated it was difficult on private roads. Mr. Lynde asked if there was any restriction to take a photo on a public right-of-way. Mr. Gowan answered no. He said having the right to do so = may not be the defined approach to do so. He discussed how situations were handled and commented that most peo= ple cooperated. The recurring lis= t (of violations) is very small.

Mr. Gleason asked if the information for the Budget Committee had been gathered. Mr. Gaydos answered yes. He believed the next step would be= to meet with Mr. Gowan and do some planning for the presentation in January.

Mr. Gleason said the Sele= ctmen concurred with the approach and told Mr. Gowan to proceed.

OTHER BUSINESS

Set Deliberative Session and Town Meeting dates for 2012: <= /o:p>

Mr. Gaydos provided the f= ollowing information:

Town Deliberative Session – Tuesday, February 7, 2012 – Sher= burne Hall – 7pm<= o:p>

School Deliberative Session – Wednesday, February 8, 2012 – Sher= burne Hall – 7pm<= o:p>

Annual Town Meeting (2^nd Session) = 211; Tuesday, March 1= 3, 2012 – Pelham High School – 7am – 8pm

Mr. Gleason stated Mr. Ga= ydos had the concurrence of the Board to proceed with the specified dates. The School Board was thanked the S= chool Board for holding their deliberative session at Sherburne Hall; it was help= ful for PTV setup/breakdown.

November Revenue & Expenses Review

Mr. Gaydos reviewed the b= reakdown with the Selectmen and commented that they were ahead of revenues from the original projections. He note= d that the New Hampshire= shared revenue check usually arrived on the 31^st. There has been no notification reg= arding the number; Mr. Gaydos said usually if there was a difference in the number= the Town would hear about it at the time the tax rate was set. He said regarding the budgets, wit= h the exception of the Transfer Station and Town Buildings, the other departments were under budget. He noted t= hat the state had indicated they were cutting the Highway Block Grant next year. He had a discussion wit= h the Highway Road Agent if he wanted to reclassify certain items into the operat= ing budget to therefore have money carried in the Highway Block Grant for next year.

Mr. Gleason said they had= been spending the highway grant on road repairs and felt it would be prudent to = put the money into the Highway Block Grant.&nb= sp; The Board concurred. <= /p>

Items for Reconsideration

Mr. Gaydos said that the = fuel prices would be changed; gasoline would be estimated at $3.60 per gallon, diesel would be listed at $3.90 per gallon. The Cemetery account would be chan= ged by $1.31; Fire Department would be increased by $6,095; Highway Department wou= ld be increased by $12,787; Parks & Recreation would be increased by $297; Police would be increased by $11,733; Senior Center would be increased by $810 and the Transfer Station would be increased by $711. Mr. Gaydos then reviewed Insurance. He said they had b= etter than expected numbers come in. In the past there had been some misclassifications that are now corrected. He reviewed the items contained wi= thin the insurance line. He discus= sed utilities.

Mr. Gleason said the Sele= ctmen would need to vote on the items prior to the next Budget Committee meeting. Mr. Gaydos said the = summary of the reconsiderations would be a negative number, and not a positive numb= er.

ACTION ITEM REVIEW

Deferred.

TOWN ADMINISTRATOR&= #8217;S / SELECTMEN’S REPORTS

Mr. McDevitt received a call from Mr. Bill Scanzani regarding an arti= cle in the Eagle Tribune on December 20^th; state won’t fund Salem bridge. He said Mr. Scanzani had predicted= a while ago that the state would stop funding bridge aid and was becoming accurate. The article indicat= es that the state had forced the Department of Transportation to not reimburse communities for bridge projects until at least 2019. Mr. McDevitt wanted to ‘put = on the Board’s radar’ that a resident in the <= st1:address w:st=3D"on">Ledge Road area contacted him and mentioned litter from the free newspapers that were thrown on the ground in front of mailboxes. He recall= ed a similar complaint had been received last year. He asked the Selectmen if he could= pursue the situation and report back to the Board. There was no objection.

Mr. Lynde said the NRPC had put together a bid package to get a competitive bid on electric energy costs that was sent out to approximately forty suppliers and brokers. Approximately eleven valid responses were received and reviewed. The chosen company came in at approximately $.06 kilowatt hour for electric energy. Once the price is set it will be f= ixed for the term of the contract. He commented that Pelham was the only National Grid entity in the mix and would try to get the company to bring the Town in. He said he contacted Adam Steel to= bring the school in. Mr. Lynde said= one of the upcoming votes (in the House) was the pole tax. He said the Local Government Center had advised = that it would come up for a vote in January.&nb= sp; He asked that the Selectmen sent a letter on the issue providing the= ir opinion.

Mr. Viger had no report.

Mr. Haverty reported that they were very close to getting the guarant= eed maximum price for the fire station. There is a meeting Thursday to further refine the number. He discuss= ed the communications project and the fact that when the submitted e-mail addresses were reviewed, the numbers didn’t justify using a paid service for communication. Those who sign= ed up for communications were made aware of the pilot via the Town message board = and were already using the internet as a medium to get information from the Town. He recommended putting = the project aside for now. <= /o:p>

Mr. Gaydos had no report.

Mr. Gleason said that the Seniors held their Christmas party and seem= ed to be very well received. He reported what was discussed during the quarterly NRPC meeting he attended during the past week. <= span style=3D'mso-spacerun:yes'> He noted that the Selectmen had rec= eived the auditor’s preliminary report.&nb= sp; The auditor was expecting that the Selectmen would schedule with the= m an exit interview. Mr. Gleason s= aid he and Mr. Gaydos were planning on being present; he would like to review the findings.

REQUEST FOR NON-PUBLIC SESSION

MOTION:

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

ROLL CALL:

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

Mr. Lynde-Yes<= /p>

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 8:42 pm.

The Board return= ed to public session at approximately 10:45 pm.

MOTION:

(Haverty/Viger) To seal the minut= es of the non-public session indefinitely.

VOTE:

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

ADJOURNMENT

MOTION:

(Haverty/Viger) To adjourn the meeting.

VOTE:

(5-0-0) The motion carried.

The meeting was adjourned at approximately = 10:45 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

&n= bsp;

BOARD OF SELECTMEN ACTION ITEMS

March 22, 2011=

<= ![if !supportLists]>· Mr. Gowan to advise Selectmen whether the CIP will be instituted; 8/9/11 – Mr. Gaydos believed they had a complete list of all the equipment in Town. Ms. Kelley will circula= te that list to the departments requesting they advise what condition it was i= n)(8/30 – ongoing – a list of all equipment, trucks etc. was done. Mr. Gaydos will have a meeting with Selectmen Viger to review a replacement schedule); 10/25/11 Mr. Gaydos and Mr. Viger will sharpen the f= ocus in the internal vehicle replacement plan (Planning Board to discuss at their n= ext meeting if they will move forward);

March 29, 2011=

<= ![if !supportLists]>· Planning Board to make recommendation to Selectmen regarding Article #14 (portion of Mulberry Lane, portion of Sheph= ard Road and all of Lannan 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 regardi= ng 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);

<= ![if !supportLists]>· Mr. Gaydos to put timeline together for Cast= le 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 mov= ing forward, 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 quickl= y)(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<= b>

· Mr. Gaydos to review vendor list and identify which items should be discussed. (5/10/11 – Mr. Gaydos created a list and was fu= rther breaking it out because some vendors supply more than one item) (7/5/11 Mr. Gaydo= s said the Town was spending a lot of time concentrating on a law suit – this wi= ll 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) / 10/25/11 – Selectmen w= ill schedule an agenda item in the later part of November once the budget proce= ss is complete;

May 10, 2011=

·<= span style=3D'font:7.0pt "Times New Roman"'> = Mr. McDevitt researching appropriate signage= for Raymond Park (where parcels are located and what names were allowed per dee= ds) (6/7/11 Mr. McDev= itt said research was completed and would like to discuss with the Board after the meeting of 6/28/= 11)(7/5/11 – M= r. McDevitt said a discussion should be scheduled regarding the names at Raymond Park. Information is available to educate the Selectmen. A discussion will be scheduled for= July 19, 2011)(= 8/2/11 Mr. McDev= itt said the Board had received a draft of the naming requirements of the park, which ra= ised additional questions. The Sel= ectmen will schedule a discussion at a later time)(8/9/11 – there is a question wheth= er there could be signs that stay up at Raymond Park – this is in the process = of being addressed)(8//30/11 – agenda item scheduled) / 10/25/11 – research st= ill being conducted and signs to be designed;

May 24,= 2011

· Mr. Gaydos 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 continue to = follow up. They previously 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 the plans from several years ago of = what was intended to be built in the event they were to build something behind t= he fire station – information to be provided to Mr. Currier)(8/30/11 –= Mr. Gaydos still pursuing with Mr. Currier) / 10/25/11 – Mr. Gaydos speaking to = Mr. Currier who is looking for drawings done approximately 6 years ago;

July = 5, 2011

· Mr. Gaydos to request from Comcast something in writing indicating there will b= e 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 once when C= omcast returned the signed contract)(8/30/11 – contracts returned – To= wn will approach Comcast with two required follow up letters of agreement) / 10/25/11- Mr. Gaydos to ask Mr. Greenwood to follow up;

· To ensure a side letter is received from Comcast for the free internet service= for the school (8/2/1= 1 this item included with the above) (8/9/11 Mr. Gaydos awaiting response from Comcast) / 10/25/11 – Mr. Gaydos to ask Mr. Greenwood to follow up with free internet program with the school.

August = 2, 2011

· Ob= tain status regarding Young’s Crossing and the flashing sign on Route 38/Gage Hill Road/Ledge Road 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 expensive alternatives.<= span style=3D'mso-spacerun:yes'> The Chief has requested a meeting = with the DOT district for Pelham)(8/30/11 – correspondence received from State – Mr. Gaydos to work with Police Chief Roark to compile accident statistics) / 10/25/11 – Mr. Gaydos said Chief Roark was heading this up – the same type of study = is being done at the Sherburne Road intersection. ;

Augus= t 16, 2011

· Mr. Gaydos 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 hope= d it would also address the flood ordinance Mr. Gowan was working on)/ 10/25/11 – Mr. Gaydos said there was wording, but it didn’t have suffici= ent ‘teeth’ – an agenda item will be scheduled for Selectmen discussion.

September 27, 2011

· Mr. Gaydos to create policy for acquiring property due to non-payment of taxes.