SEL20120103

APPROVED

TOWN OF PELHAM

BOARD OF SE= LECTMEN MEETING

MINUTES

January 3, 2012

APPROVED &#= 8211; January 17, 2012

CALL TO ORDER – approximately 6:30pm

PRESENT:

ABSENT:

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

Mr. Hal Lynde (arrived = after the meeting commenced), Town Administrator Tom Gaydos

None

PLEDGE OF ALLEGIANCE

MINUTES REVIEW

December = 20, 2011

MOTION:

(McDevitt/Viger) To approve the <= st1:date Year=3D"2011" Day=3D"20" Month=3D"12" w:st=3D"on">December 20, 2011 meeting minutes as modified.

VOTE:

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

Mr. Lynde arrived.

OPEN FORUM

Mr. John Westwood, Ballard Road, came forward to thank everyone at the Transfer Station for the help they had giv= en to his family. He said it was= the most outstandingly run, professional place he had ever had the privilege of being at.

Mr. Paul MacDonough, Mammoth Road came forward to discuss water problems within the Town and residential homes. He then discussed the Transfer Sta= tion and the assistance he received. He liked the idea of the facility accepting C&D materials and didn’t want them to stop taking it in. He suggested possibly raising the price so residents could keep the service. He was happy Mr. Hannon had taken = over the facility and put so much effort into it.

APPOINTMENTS

State Representative Lynne Ober – Redistricting=

Mr. Gleason said State Representative Shaun Doherty met with Selectmen at their last meeting. The Selectmen have since sent a le= tter out to all the representatives expressing their disappointment regarding the proposed redistricting; seven representatives had responded.

At the invitation of the = Board, State Representative Lynne Ober came forward to discuss redistricting. She was upset after reading the Selectmen’s letter. She didn’t like the tone of the letter, but understood it was written at = the same frustration level she felt when receiving it. She said she had tried to contact = the Selectmen but had difficulties with the e-mail addresses of Mr. Lynde, Mr. Haverty and Mr. Viger. Repres= entative Ober said she forwarded some documents to Mr. Gaydos after receiving the letter. She said the New Hamp= shire Constitution had specifics about redistricting; however a Federal Law had passed and if they followed only the New Hampshire Constitution, they would= be in violation of that Federal Law. She said the Federal Law states one man, one vote. She discussed what they worked on = and what had come out from committee. Caucuses were held on a Friday to tell them the plan. At that time Hudson (eligible for 7+ representatives= ) was jointed with Nashua Ward 3 (eligible for 2+ representatives) in a district = of ten. Representative Ober didn’t see this as an impact to Pelham, so she didn’t contact t= he Selectmen. She her goal was to represent everyone within her district to the best of her ability. On the day the committee voted, sh= e had a committee meeting of her own. At that time Hudson was still with Nashua Ward 3, Litchfield had a district of 2 plus a floater= ial district with a ward in Manche= ster and Pelham is eligible for 3+ representatives. That night she found out on the ne= ws what the Selectmen found out. It was her understanding Representative Doherty will bring forth an amendment = to split Pelham out; Representative Ober and her husband Representative Russ O= ber planned to support such an amendment. She discussed her situation when voting for the redistricting plan; = if she votes no (on how it stands) it will look like she didn’t want to represent the people in Pelham and didn’t want to represent the peopl= e in Hudson,= which was not true. She said if she= votes yes, there would also be peop= le upset with that. When it come= s to the floor each representative will have one vote. Representative Ober said it was a project that could agitate everyone in the state and was grateful not to be sitting on the committee.

Mr. Gleason said the inte= nt of the letter was not to be critical of the representation, it was to be criti= cal of the house leadership because Pelham was under the impression (from day o= ne) that the redistricting would give the Town back the representation it had in the past. He reiterated that = the intent of the letter was not anger, but rather to voice frustration with the way the redistricting was done against their expectations. Representative Ober understood the sentiments. Mr. Gleason noted= those he had discussions with. He s= aid they all understood the Town’s frustration and had voiced support to = some type of modification/amendment to redistricting that would give Pelham independent representation. <= /p>

Representative Ober discu= ssed the situation and commented that no one was really happy. They planned to have a discussion = with the speaker. She said she wou= ld miss representing Pelham, but understood why the Town wanted their own representation.

Mr. McDevitt stated the i= ntent of the letter was not to make the representatives angry. He said there was such an intimacy= the Town enjoyed ten years ago by virtue of the fact that the representatives w= ere local residents. The only int= ent here was to try and recapture that. &= nbsp; Representative Ober pointed out that Pelham’s meetings were all put on the inter= net which gave her the ability to keep track of what the Town was doing without attending all the meetings. <= /p>

Mr. Lynde asked if the Fe= deral Law being discussed was the 1965 Voting Rights Act. Representative Ober said he would = have to speak with someone who sat on the (redistricting) committee. She said she sent out the document= s she had to be included in the Selectmen’s packet. She had not attended the meetings.= Mr. Lynde replied since the act was enacted Pelham had four instances where there was redistricting; three of t= hem the Town had floaterial districts without a problem. He noted he was speaking with frustration and felt it was an affront to the legislatures that they were o= nly given twenty-four hours notice on the bill before they heard from the Town. Representative Ober agreed. Mr. Lynde felt there = had to be a way, under the New Hampshire Constitution, that the Town could get eit= her three representatives and a floaterial; or four representatives. He said having no representatives = from Pelham didn’t make sense at all.&nbs= p; Representative Ober said Steve Vaillancourt put forth two amendments= ; 1) a district of ten with Hudson and Litchfield; and 2) Litchfield have two re= ps, Hudson six reps with two floaterials, for a total of ten. She didn’t know what the vot= es were. She said all three of t= he towns she represents are mad about the redistricting. She reiterated they would support Representative Doherty’s amendment to give Pelham its own representatives.

Mr. Gleason thanked Representative Ober for speaking with the Selectmen and appreciated her commitment to supporting Representative Doherty’s amendment on behalf= of Pelham.

Ron Hannon, Director Pelham Environmental Recycling Complex (‘PERC’): 2012 Budget Reconsideration Discussion=

Mr. Hannon began by discu= ssing the status at the facility; they had a wonderful year with recycling up approximately 40%. He informe= d that they were once again in the running for Green City of the Year. He discussed the budget and suggested they have placeholders for certain items (as other departments have) because they deal with commodities and didn’t know = what they were until the end of the year. He said the facilities usage and volume was up, but he wanted to restructure the budget to meet the numbers they had for the end of the year. He said most of the changes were u= nder the expenses line; there were some minimal changes under repairs, gasoline = and phone. Mr. Hannon said the in= crease to expenses was related to the volume of use at the facility; they were try= ing to put controls in place to handle the situation.

Mr. Gleason said the Budget Committ= ee approved a number of $308,439 and they would go back to them with the number $320,179, which was an increase of $11,740 to the 2012 budget. Mr. Hannon was comfortable with th= e new proposed number.

Mr. Lynde reviewed the ba= ck up sheet for expenses. Mr. Gleas= on said he had a long meeting with the Town Finance Director and said the prob= lem with using the back up sheets was they were all formulated by different departments using different formats. He recommended using the summary because he had verified the numbers contained on that sheet to ensure they were valid. He clarified which items the Selec= tmen were to review that would go back to the Budget Committee for reconsideration.

Mr. Gleason asked if Mr. = Hannon had made the decision to not continue with C&D. Mr. Hannon replied they would elim= inate approximately 30% C&D; those materials that would be too uncontrollable (i.e. – sheetrock, roofing, siding and flooring). Mr. Gleason asked if that type of modification to the operation would still allow them to accommodate the bud= get for 2012. Mr. Hannon answered yes. Mr. Hannon said they wou= ld still have a junk container for items such as toilets, sinks etc. There was a fee structure set up f= or those items.

Mr. Gaydos said one item = not discussed that Mr. Hannon would focus on was the weight of the trailers goi= ng out. Mr. Hannon said he had discussions with the hauling companies so the facility could get the number= s to where they wanted them to be.

Mr. Gleason thanked Mr. H= annon for meeting with the Selectmen. He asked that he keep in touch with the Selectmen regarding the Green City of the Year award.

Paul Gagnon, Conservation Committee Chair – 2012 Conservation Warrant Article Forest Management F= und Discussion

Mr. Paul Gagnon came forw= ard and read aloud a proposed warrant article that would reclassify certain conserv= ation areas as Town Forest. He reviewed a map that showed the = areas being proposed for Town Forest.

Mr. Lynde offered editori= al suggestions.

Mr. Gleason asked if ther= e was any other land that had not been incorporated into <= st1:PlaceType w:st=3D"on">Town Forest. Mr. Gagnon believed there was. He said Ms. Deb Waters had a compl= ete list of every year that parcels had been named as Town Forest. He showed the largest section loca= ted in the southern portion of Town (between Mammoth Road and Pulpit Rock Road).&n= bsp; To his knowledge none of it had been declared Town Forest. He said it was under utilized beca= use it had no access to any roads. M= r. Gleason asked if it should be considered for incorporation for logging considerations. Mr. Gagnon indicated he hadn’t thought of that, but would go back to Conservatio= n to consider that. Mr. Glea= son then asked if the proposed warrant would get the parcels current. Mr. Gagnon said the proposed warrant would get the large accessible blocks all declared as = Town Forest.

Mr. Gleason questioned if= DRA would need to review the proposed warrant.= Mr. Gaydos replied they would have to review all the warrants. He believed the intent of the arti= cle was clear. Mr. Gleason asked = if wording should be added indicating there would be no tax impact. Mr. Gaydos didn’t believe it= would hurt to have that wording.

Mr. McDevitt offered an e= ditorial suggestion. There was no obje= ction to his suggestion. Mr. Gaydos stated he would make the amendments, have legal review and forward a final = copy back to the Selectmen.

Mr. Gleason thanked Mr. G= agnon for meeting with the Selectmen.

OTHER BUSINESS

Planning Department – Budget Reconsideration / Highway Department – Budget Reconsideration /

Highway Department – Highway Block Grant Discussion / Additional Items for Reconsidera= tion & Vote

The Selectmen were provid= ed with a summary of changes for reconsideration.&= nbsp;

Mr. Gaydos discussed prop= osed changes. He noted they would = use $3.90/gallon for diesel and $3.60/gallon for gasoline because the prices we= re volatile and they should be conservative in their fuel estimations. He said there had been discussion = (with the Budget Committee) regarding removal of the Code Enforcement Officer from the budget until there could be further discussion about reworking the position. There was also the removal of the car from the Planning operating budget; the Budget Committee wanted to see it in a warrant article.&nbs= p; Mr. Gaydos would be meeting with Budget Committee members later in t= he week and would be asking for that position to be restored in the budget. He would also like the Selectmen&#= 8217;s permission to have the vehicle lease put in the operating budget rather than having a separate warrant article. <= /span>He said it was a replacement vehicle for a vehicle that wouldn’t pass inspection. He noted there wa= s no fuel adjustment to the Planning Department because the new vehicle would be very economical.

Mr. Gleason noted there w= as no vote required of the Selectmen regarding the Planning Department vehicle. They had already approved the budg= et; the Budget Committee took the money out (for the vehicle) and the Selectmen were requesting to put it back into the budget.

Mr. Gaydos discussed the = Highway Department. He said they rece= ived notification that the Highway Block Grant for 2012; the state eliminated approximately $42,000 out of the account.&= nbsp; There had been some discussion about going back to the Budget Commit= tee and requesting an increase in the operating account by $42,000. However, because of the mild winte= r in 2011 there was a substantial amount of money saved in the area of approxima= tely $65,000-$75,000. Mr. Gaydos s= aid there were some expenses charged off the Highway Block Grant which could ha= ve been charged to the operating account.&nbs= p; With the Selectmen’s permission, Mr. Gaydos said he could reclassify some of those charges made to the Highway Block Grant, back to t= he operating account; it was all money that would be spent on highway improvements. Mr. Gleason encouraged making the transfer because the 2012 Highway Grant was planned for scheduled Town road improvements; any reduction would have an impact on planning. The Selectmen were in agreement to taking the residual money and applying it back to the Highway Block Grant.<= span style=3D'mso-spacerun:yes'>

Mr. Gaydos reviewed the s= ummary of changes for reconsideration. By applying the actual (gas/oil/diesel) rates for 2012 versus the number used = as a placeholder, Cemetery would increase $131; Fire would increase $6,095; High= way would increase $12,787; Park & Recreation would increase $297; Police w= ould increase $11,733; Senior<= /st1:PlaceName> Center would increa= se $810 and the Transfer Station would increase $711. Using final numbers from the insur= ance company, after adjustments are made, Insurance would have an overall decrea= se of $49,799. After adjustments= are made within the utilities line for Town Buildings, it will decrease a total= of $2,200. The Transfer Station = is requesting an increase of $5,000 in their repairs line and the expenses line will increase $11,740. Mr. Ga= ydos said with all the changes being reviewed, there would be a net decrease of = the proposed budget in the amount of $2,695.00.

MOTION:

(Lynde/McDevitt) To reconsider the budgets of the Fire Department, Highway Department, Insurance, Park & Recreation, Police Department, Senior Center, Town Buildings and the Transfer Station.

VOTE:

(5-0-0) The motion carried.

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

MOTION:

(Lynde/McDevitt) To adjust the Fire Department budget up by $6,095.00 because of estimates= of gas and oil; to adjust the Highway Department budget up by $12,787.00; decrease the Insurance budget by $49,799.00; increase the Park & Recreation budget by $297.00; increase the Police budget by $11,733.00; increase the Senior budget by $810.00; decrease the Town Buildings budget= by $2,200.00; and increase the Transfer Station budget by $17,451.

VOTE:

(5-0-0) The motion carried.

Mr. Gleason received veri= fication that the Highway Block Grant is being decreased. He expected that the trend would continue into the future.

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

Mr. Gaydos read aloud the requirement for notification within Statute 674:39-(a),(a) – restoration of involuntary merged lots. The notice has been posted accordi= ng to the law. He said if someone h= ad a lot that had been merged involuntarily they could go to the Assessor’s office that would help to redefine those lots.

Mr. McDevitt thanked the Gardener’s Group for taking time to put the holiday display in the Town common.&nb= sp;

Mr. Lynde, Mr. Viger and Mr. Haverty had no reports.

Mr. Gleason said he was approached by Ed Rosamilio who indicated he h= ad been in conversation by a representative of National Grid expressing an interest in natural gas for Pelham. He followed up with that conversation and found out that National Gr= id was selling off the utilities and natural gas portion of their business to Liberty Utilities. He said Li= berty Utilities had expressed and interest in putting natural gas in Pelham and w= ould like to discuss that possibility. They were interested in the schools. Mr. Gleason said if they could get the schools interested and to make a commitm= ent to use natural gas, they would probably bring the gas in to Marsh Road. From that base, there was a potent= ial to expand into residential areas. Mr. Gleason felt it was worthy of pursuit and asked the Liberty Utilities representative to get back to the Selectmen for a discussion once the acquisition had taken place. = Mr. Gleason said he would discuss the topic with Adam Steel, School Business Administrator. He asked the Board’s permission to pursue a discussion to have a meeting in March = with Liberty Utilities. There were= no objections. Mr. McDevitt aske= d that the discussion include the businesses along Route 38. Mr. Gleason believed if the compan= y was to go along Route 38 they would look for a sponsor; a business to pay for t= he introduction of the gas lines. However, if they were to express an interest as a municipal entity, there was a different set of rules that would apply and the lines would possibly be at no cost. Mr. G= leason said if they would put a distribution center in Town it would provide a potential for expansion.

REQUEST FOR NON-PUBLIC SESSION

MOTION:

(McDevitt/Viger) Request for a non-public session per RSA 91-A:3,II, a,e (Personnel, Consideration or negotiation of pending claims or litigation)

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 8:00 pm.

The Board return= ed to public session at approximately 9:17 pm.

MOTION:

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

VOTE:

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

ADJOURNMENT

MOTION:

(McDevitt/Haverty) To adjourn the meeting.

VOTE:

(5-0-0) The motion carried.

The meeting was = adjourned at approximately 9:17 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 ag= reement and didn’t believe that would change.)(8/2/11 Mr. Gaydos said he owes Mr. Curri= er 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 Comcast returned the signed contract)(8/30/11 – contracts returned – Town 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.&n= bsp; ;<= /b>

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.