SEL20120821

APPROVED

TOWN OF PELHAM

BOARD OF SE= LECTMEN MEETING

MINUTES

August 21, 2012

APPROVED &#= 8211; September 4, 2012

CALL TO ORDER – approximately 6:30pm

PRESENT:

ABSENT:

Mr. William McDevitt, M= r. Edmund Gleason, Mr. Robert Haverty, Mr. Doug Viger, Mr. Hal Lynde, Town Administrator Tom Gaydos. A= lso Present Finance Director Cindy Kelley

None.

PLEDGE OF ALLEGIANCE

MINUTES REVIEW

Mr. McDevitt stated there= had been a discussion at the last meeting about the August 7, 2012 minutes; specifically, = Mr. Gleason asked that a record of a discussion that took place be inserted relative to Mr. Gaydos’ compensation and the fact that he does not receive overtime.

August 7= , 2012

MOTION:

(Gleason/Lynde) To reconsider the vote to re-approve the meeting minutes of August 7, 2012= on the basis that there is an additional change.

VOTE:

(5-0-0) The motion carried.

The proposed amendment wa= s read aloud as contained within lines 195-204.&n= bsp;

August 7= , 2012

MOTION:

(Gleason/Lynde) To approve the = August 7, 2012 meeting minutes as further amended.

VOTE:

(5-0-0) The motion carried.

August 1= 4, 2012

MOTION:

(Lynde/Gleason) To approve the August 14, 2012 meeting minutes as amended.

VOTE:

(5-0-0) The motion carried. <= /p>

OPEN FORUM

Mr. Tim Doherty, 29 Wood Road came forward to discuss the dam project (Moeckel Pond) that would be occurring on the To= wn line between Pelham and Windha= m. He said the people living in the a= rea would be rebuilding the dam at some point.= He said they currently had the possibility of having the Town involv= ed to a point where they might be able to regulate the water. He said the residents were looking= to subdivide land to obtain funding. The project would be coming through various boards within the Town.<= span style=3D'mso-spacerun:yes'> Mr. Doherty said the plan came bef= ore the Planning Board and was not accepted because of the desire to have Selectmen input. He wanted to bring the project to the Selectmen’s attention. He said the residents were looking= to put the dam into an ownership like a trust (an association) for liability reasons. It appears they woul= d be likely to partner with the Town, if the Selectmen saw it to be in the Town’s interest, given money had been set aside to study flooding. Mr. Doherty believed the timing of= the project to be relatively important given the amount of time for the project= to occur prior to the state placing a burden on the owner. He asked that the Selectmen provid= e the Town boards with input as to whether or not the Town may have an interest in protecting its people for the water supply. He noted once the dam was built th= e Town wouldn’t be able to regulate it.&nbs= p; He said it may be possible to get the owner to give the Town the abi= lity to regulate the water.

Mr. McDevitt believed the Selectmen were aware of the dam because e-mails had gone back and forth regarding it. He was unsure w= hat ability the Selectmen had to regulate a dam in another town or what leverage they had during the approval process. Mr. Doherty commented that applicants sometimes offer to do things f= or the Town, such as give the Town rights of first refusal. His understanding was the applican= t that came in front of the Planning Board was looking to raise money to build a dam. He said if there was a possibility they might voluntarily give the Town the ability to regulate the dam, he wanted to know if the Town had an interest in doing so.

Planning Director Jeff Go= wan came forward to provide a status update. He said the project was currently before the Zoning and Planning Boa= rds as a subdivision of land, not a dam project. The project had been before the Wi= ndham Zoning Board and would go to the Windham Planning Board next week. Mr. Gowan had a number of conversa= tions with his counterpart in Windha= m to let her know Pelham was very interested in the dam portion when it materialized. He’s also= had a conversation with the Nashua Regional Planning Commission and was aware that the Planning Board could make a decision that a dam project was one of regi= onal impact. He said it would qual= ify without question. He noted th= at the Rockingham Regional Planning Commission was also aware of the project. Mr. Gowan said the association had= two years to bring a dam project forward or it would not happen. He said if they were able to raise= the funds and get a dam design put together for the state to approve. He commented that the Friends of M= oeckel Dam were very interested in working with the Town to ensure the Town’s interest is considered.

Mr. McDevitt said it soun= ded like the matter was well in hand at the moment, subject to whether it was of regional impact. Mr. Gowan sa= id if it was deemed a project with regional impact, those impacted communities wo= uld be invited to weigh in and have a voice regarding the project. He noted that the state indicated = that the dam would likely be a fixed spillway and the Planning Department was pa= ying close attention to the matter.

Mr. Mike Sherman, 103 Old Bridge Street told the Selectmen that it would be a village district controlling the dam being discussed. It would hav= e 4.96 million cubic feet of water behind it.&nbs= p; He said there was a second dam being looked at for repair on Lakeview Avenue in Dracut, MA. Currently there were not a lot of details on that dam. Mr. Sher= man asked if the dam (in Dracut) was going to be a working hydro electric dam. He said if it was they would be impounding as much water as possible to make electricity. He questioned what affect people residing on Leonard Drive<= /st1:address> and Chagnon Lane would have if a lot of water was impounded. He asked that the dam in Dracut be reviewe= d also because of the possible affects on Pelham residents.

Mr. McDevitt thanked Mr. = Sherman for his input. He said the Bo= ard would look at the dam very seriously and was sure it would be considered du= ring the flood study.

2013 BUDGET REVIEW AND VOTE

Mr. McDevitt explained in= many cases that the Selectmen had already held (public) hearings and discussed t= he budgets with department heads.

The Selectmen decided to = use the requested budget numbers as the motion on the floor, unless there was a proposed amendment being made.

MOTION:

To approve the proposed 2013 Assessor budget of $150,650.

VOTE:

(5-0-0) The motion carried.

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MOTION:

To approve the proposed 2013 Budget Committee budget of $4,082.

VOTE:

(5-0-0) The motion carried.

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MOTION:

To approve the proposed 2013 Cable budget of $96,460.

VOTE:

(5-0-0) The motion carried.

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The Selectmen didn’= t review or vote regarding the proposed 2013 Cemetery budget of $143,114. The Cemetery Trustees vote regardi= ng the number put forward.

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MOTION:

To approve the proposed 2013 Conservation Commission budget of $3,747.

VOTE:

(5-0-0) The motion carried.

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MOTION:

To approve the proposed 2013 Debt Service Interest budget of $145,503.

VOTE:

(5-0-0) The motion carried.

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MOTION:

To approve the proposed 2013 Debt Service Principal budget of $437,366

VOTE:

(5-0-0) The motion carried.

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MOTION:

To approve the proposed 2013 Elections budget of $9,846.

VOTE:

(5-0-0) The motion carried.

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MOTION:

To approve the proposed 2013 Emergency Management budget of $8,809.

VOTE:

(5-0-0) The motion carried.

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Mr. Gleason recommended m= odifying the Fire Department budget by $22,100 from line New Equipment line (560) to defer action on the John Deere Gator 4x4 and Kimtek Skid Unit. This would bring the new final bud= get number to $1,944,026.

Mr. McDevitt noted that t= he motion on the floor was for the budget as proposed ($1,966,126). He said if the Selectmen wanted to support another number, they should vote no on the motion on the floor.

MOTION:

To approve the proposed 2013 Fire Department budget of $1,966,126.

VOTE:

(0-5-0) The motion failed.

MOTION:

(Gleason/Haverty) To approve the modified 2013 Fire Department budget of $1,944,026.

VOTE:

(5-0-0) The motion carried.

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MOTION:

To approve the proposed 2013 Health Officer budget of $43,766

VOTE:

(5-0-0) The motion carried.

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Mr. Gleason challenged th= e $1500 for the Salvation Army. He didn’t feel justification had been received to support the increase. =

Mr. McDevitt said if the Selectmen wanted to support the modification they should vote no on the bud= get proposed. Mr. Viger questione= d if additional information was received regarding the Meals on Wheels program.<= span style=3D'mso-spacerun:yes'> Mr. Gleason noted that the program= was being cut from the county budget and the cost now had to be picked up. He said a letter was received indi= cating that ninety five Pelham residents were involved in the program that didn’t receive any other services.&n= bsp; He said that program provided the residents with interaction to peop= le during the day. The increase = was partially to cover the increase cost in food and to pick up the burden the state had imposed by taking funding out of the county budget.

MOTION:

To approve the proposed 2013 Health Services budget of $52,675.

VOTE:

(0-5-0) The motion failed.

MOTION:

(Gleason/Lynde) To approve the modified 2013 Health Services budget of $51,175.

VOTE:

(5-0-0) The motion carried.

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MOTION:

To approve the proposed 2013 Highway budget of $1,358,065.

VOTE:

(5-0-0) The motion carried.

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MOTION:

To approve the proposed 2013 Human Services budget of $86,480.

VOTE:

(5-0-0) The motion carried.

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Mr. Gaydos told the Selec= tmen that the proposed Insurance budget had been refined as much as it could and would remain as a placeholder until final numbers were received (possibly in November). As in previous yea= rs, the Selectmen will reconsider the budget number once final numbers are received.

MOTION:

To approve the proposed 2013 Insurance budget of $1,837,095

VOTE:

(5-0-0) The motion carried.

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MOTION:

To approve the proposed 2013 Legal budget of $85,000.

VOTE:

(5-0-0) The motion carried.

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The Selectmen didn’= t review or vote regarding the proposed 2013 Library budget of $235,947. The Library Trustees vote regardin= g the number put forward.

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MOTION:

To approve the proposed 2013 Parks and Recreation budget of $185,050.

VOTE:

(5-0-0) The motion carried.

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The Selectmen considered = the Planning Department budget that contained the new vehicle; the number on the floor $308,398.

Mr. Gleason said he would= be making a motion to defer the Plan-NH Town Center Charrette ($5,000) as contained in the Miscellaneous Specials line (690) until the roundabouts were completed.

MOTION:

To approve the proposed 2013 Planning Department budget of $308,398.

VOTE:

(1-4-0) The mot= ion failed. Mr. McDevitt, Mr. Gleason, Mr. V= iger and Mr. Haverty voted no.

MOTION:

(Gleason/Haverty) To approve the modified 2013 Planning Department budget of $303,398.

VOTE:

(3-2-0) The mot= ion carried. Mr. Lynde and Mr. Viger voted no= .

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The Selectmen considered = the total Police Budget of $2,472,522; grants were revenue and not reflected in the budget.

Mr. Gleason said he would= make a motion to reduce $2,000 out of the budget for the Child Advocacy (‘CA= C’), which was already funded under Human Services. Ms. Kelley indicated that the mone= y had already been taken out (from Dues 625) and the budget was revised. There was a brief discussion to determine if the CAC money had already been taken out of the budget being reviewed. Mr. Gaydos clarifie= d the budget and noted that the $2,000 for CAC had already been removed from the budget prior to the Selectmen’s previous meeting at which the Police budget was reviewed. He said = the budget at currently presented was correct.=

Mr. Viger questioned if t= he copier discussed at the previous meeting was included in the budget presented. Mr. Gaydos said the copier ($10,807) had been added (under line 560-4). It was noted that the copier contr= act ($785) and the dash cam service contract ($2,540) were removed from the Equipment Repairs line. Lieut= enant Gary Fisher came = forward and indicated that the numbers showed a negative and the items discussed had been removed from the budget. Mr. Gaydos further indicated that the New Equipment line had increased by almost $11,000 and the Repair line decreased by almost $4,000.

The Selectmen then voted = on the proposed budget of $2,472,522. They believed it reflected the changes they discussed and made at their previous meeting.

MOTION:

To approve the proposed 2013 Police budget of $2,472,522.

VOTE:

(5-0-0) The motion carried.

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Mr. McDevitt said the pro= posed budget for Retirement was not a placeholder, but they were not sure of the number until they knew what all the salaries would be. Mr. Gaydos said the number was determined by using the best information.&= nbsp; He said the percentages were not changing. The number was determined by using= the salaries times those percentages for the various groups.

MOTION:

To approve the proposed 2013 Retirement budget of $1,116,967.

VOTE:

(5-0-0) The motion carried.

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MOTION:

To approve the proposed 2013 Selectmen budget of $481,742.

VOTE:

(5-0-0) The motion carried.

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MOTION:

To approve the proposed 2013 Senior Center budget of $99,734.

VOTE:

(5-0-0) The motion carried.

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Mr. Gleason offered an am= endment to the proposed Town Buildings budget to reduce it by $11,000 for the elect= ric increase. He said the fire st= ation was cited as part of the reason for the increase, however the station wouldn’t be built until May and believed they could afford to challen= ge the electric number and try to get a better rate. There was a brief discussion regar= ding the efficiency level that the new building was to have. There were measures taken with fix= tures to be cost effective.

MOTION:

To approve the proposed 2013 Town Buildings budget of $579,742.

VOTE:

(1-4-0) The mot= ion failed. Mr. McDevitt, Mr. Gleason, Mr. L= ynde and Mr. Haverty voted no.

MOTION:

(Gleason/Haverty) To approve the modified 2013 Town Buildings budget of $568,742.

VOTE:

(5-0-0) The motion carried.

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MOTION:

To approve the proposed 2013 Town Celebrations budget of $9,830.

VOTE:

(5-0-0) The motion carried.

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Mr. Gleason said he atten= ded a meeting with Mr. McDevitt, Mr. Danevich, Town Clerk, Assistant Town Clerk, Treasurer and Mr. Gaydos to discuss whether to use e-registration (acceptan= ce of checks). After a discussio= n of the security liability associated with accepting checks and printing them o= ut in the Town, it was determined that it would be more appropriate for the To= wn to accept payment by credit card for vehicle registration. There is a slight user fee (impose= d on the user, not the Town). Implementing the system through e-registration would have an annual = fee of approximately $300; with the burden being picked up by the users. Mr. Gleason said it was decided at= the meeting that it was probably the appropriate way to proceed. The Town Clerk was fully in support. $300 has been placed= in the budget to implement the system.

Mr. McDevitt urged the Se= lectmen to consider the $300. They wo= uld have the Town Clerk come to a Selectmen meeting to have a full discussion.<= span style=3D'mso-spacerun:yes'> Mr. Lynde was concerned that the b= udget sheets with his notes were being removed from his book and replaced with updated sheets. He said he was losing his notes. Mr. Gleason agreed that the full Board should have a discussion about the new program because it would change the way the Town Clerk conducted business.

MOTION:

To approve the proposed 2013 Town Clerk / Tax Collector budget of $213,335.<= /p>

VOTE:

(5-0-0) The motion carried.

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Mr. Gaydos noted that the proposed Transfer Station budget had been revised downward from what the Selectmen saw at the previous meeting.&nbs= p; The reductions were a reflection of Mr. Gaydos working with the companies (i.e. Allied Waste) regarding the removal of trash; the company c= ame back with a revised price. It eliminated overweight trucks from going over the road along with the liabil= ity, which had been a concern and at the same time kept the Town’s cost per ton down. Mr. Viger asked if = the Town had entered into a contract with the company. Mr. Gaydos answered no; the compan= y had voluntarily agreed to drop the number.&nbs= p; Mr. Viger asked if the company agreed to hold the number through the budget year. Mr. Gaydos said = the Town was still subject to the company’s 2% per year increase, but the company had dropped their hauling cost.&nb= sp; He pointed out the specific lines that had been adjusted.

Mr. Lynde felt it was imp= roper for changes to be made in between meetings. He said he didn’t have a ref= erence from the previous meeting to check what the numbers had been. He said the Selectmen should have = been given the previous figures along with the amendments that had been made. There was a brief discussion regar= ding the process, the Selectmen would address the budget change process at a fut= ure meeting.

Mr. Gleason commented tha= t Mr. Gaydos had been trying to get ‘his arms around’ the Transfer Station since the Selectmen’s previous meeting. He said he asked Mr. Gaydos at the previous meeting to look at why the budget had increased significantly duri= ng the past two years and how they could reduce costs. He believed since the management c= hanged at the facility that Mr. Gaydos had been working with Allied and Empire to = get resolution to certain issues. He didn’t feel there was a deliberate attempt to circumvent the system.<= span style=3D'mso-spacerun:yes'> He said Mr. Gaydos was finding out= what was occurring at the facility and trying to correct the situation immediate= ly to get things working smoothly. Mr. Gaydos thought he indicated that the trash removal number would be revisite= d.

MOTION:

To approve the proposed 2013 Transfer Station budget of $564, 269.

VOTE:

(5-0-0) The motion carried.

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MOTION:

To approve the proposed 2013 Treasurer budget of $8,331.

VOTE:

(5-0-0) The motion carried.

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Mr. Gleason recommended a= $75 reduction for scanning articles which had been done last year and was no lo= nger necessary.

MOTION:

To approve the proposed 2013 Trust Funds budget of $145.

VOTE:

(0-5-0) The motion failed.

MOTION:

To approve the modified 2013 Trust Funds budget of $70.

VOTE:

(5-0-0) The motion carried.

The new proposed 2013 Tow= n Budget is $12,665,121 which includes the budget requests for the Library and Cemetery. The Selectmen expre= ssed their thanks to the department heads, support staff, Mr. Gaydos and Ms. Kel= ley for the enormous amount of work in drafting the budgets.

OTHER BUSINESS

Community Emergency Response Team (‘CERT’) Sign Requ= est

Mr. McDevitt believed the= Fire Chief had made a request for CERT to be allowed to place a sign on the Annex building. Mr. Gaydos said the= CERT leadership was revitalizing the group and would like to put signage up so people knew where they were located. The sign would be located on the corner of the building by the entry way. There was no objection.<= span style=3D'mso-spacerun:yes'>

SELECTMEN’S = / TOWN ADMINISTRATOR REPORTS

Mr. Gaydos reported that = there were continue positive test results found for West Nile Virus. There have been no positive test r= esults from mosquitoes of Eastern Equine Encephalitis. Positive test results indicate a risk. Mr. Gaydos reminded res= idents to put bug repellant on and try to cover up every time they went out.

Mr. Lynde reminded citize= ns that the final concert on the Village Green would be held August 22, 2012 at 6pm.&n= bsp;

There were no other repor= ts.

ADJOURNMENT

MOTION:

(Gleason/Lynde) To adjourn the meeting.

VOTE:

(5-0-0) The motion carried.

The meeting was = adjourned at approximately 7:45 pm.

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

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

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

BOARD OF SELECTMEN ACTION ITEMS

March 29, 2011=

<= ![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); 1/17/12 – still in court. As of 7/10/12 on-going legal issues – = postponed until October, 2012.

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 quest= ion 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) / 10/25/11 – research still being conducted and signs to be designed; 1/17/12 – ongoing project – an Eagle Scout project will possibl= y be brought forward to put up kiosk. July 10, 2012 &= #8211; Park & Recreation Director waiting for a Boy Scout to come forward with a project.

May 2= 4, 2011

· Mr. Gaydos to review the legal ramifications of changing the road classificatio= n in the Gumpas Pond area; 7/1012 Mr. Gaydos to check status with Ms. Waters.

· Mr. Gaydos to obtain the Police Chief’s opinion regarding the trespass situation in the Gumpas Pond area, given that there was shooting and fires occurring. 7/10/= 12 Mr. Gaydos to check status with Ms. Waters.

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; 1/17/12 follow up needed for written agreement.

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.; 1/17/12 – still worki= ng with intersection (with state) in conjunction with Sherburne Road.

August = 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; 1/17/12 – at a standstill between what the state is willi= ng to do and what the Town would like them to do. Mr. Gaydos felt the flood study wo= uld aid in an outcome. =

September 27, 2011=

· Mr. Gaydos to create policy for acquiring property due to non-payment of taxes. 1/17/12 an agenda item will be scheduled for the pol= icy adoption.

Februar= y 14, 2012

· Schedule Hinds Lane conservation land status follow up meeting for two months – April, 2012

March 2= 0, 2012

· Mr. Gaydos to confirm that the Police Grant = has been executed.

April= 10, 2012

· Install a street sign at Lox Lane (private way off Hinds Lane)= ;

· Mr. Gaydos to contact people in Londonderry regarding the flood study and work with= Mr. Gowan to coordinate.

April 2= 4, 2012

· Addition to Department of Transportation lis= t of questions – if the 6-8 parking spaces on Main Street will be replaced (for the Congregational Church);

· The Selectmen will compile a list of importa= nt items for Mr. Haverty (BOS School Rep.) to discuss with School Board;

· Planning Director to review water supply regulation and well ordinance documents and return comments to the Selectme= n;

June 5,= 2012

· Mr. Gaydos to provide a breakdown of the fire station soft costs

July 17= , 2012

· Selectmen to revisit the PUC order/Pennichuck Water to see what the repayment obligation (for legal fees) was to the Town= .