SEL20121127

APPROVED

TOWN OF PELHAM

BOARD OF SELECTMEN MEETING

MINUTES

November 27, 2012

APPROVED – December 11, 2012

CALL TO ORDER – approximately 6:30pm

PRESENT:

ABSENT:

Mr. William McDevitt, Mr. Edmund Gleason, Mr. Doug Viger, Mr. Robert Haverty,= Town Administrator Tom Gaydos. <= o:p>

Mr. Hal Lynde (arrived during non-public session)

PLEDGE OF ALLEGIANCE=

MINUTES REVIEW

November 13, 2012

MO= TION:

(Gleason/Viger) To approve the November 13, 2012 meeting minutes as amended.

VOTE:

(4-0-0) The motion carried.

OPEN FORUM

Mr. Dave Hilbert, 5 Leblanc Road came forward to discuss the plight of the seni= or population due to the escalated tax rate.&= nbsp; He said seniors were finding it difficult to come up with the money = for taxes. He said the question w= as how they could keep up and welcomed any type of relief. He stated that someone had to take= a serious look at the pressure being put on the senior population in Town who lived on fixed incomes. =

Mr. McDevitt thanked Mr. Hilbert for coming in to meet with the Selectmen. He said the letter Mr. Hilbert sub= mitted would be provided to the Selectmen for a response.

Mr. Gleason said the Selectmen were cognizant that the tax rate was increasing = and as they previously indicated, the Town was committed to maintaining its pro= mise to try and reduce the tax rate for their portion of the taxes. He commented that there was a tax = rate increase of $1 associated with the fire station warrant article that the Se= lectmen intended not to come back with it next year. Mr. Gleason commented that the vot= ers voted in a lot of modifications to the school which carry a burden. He said the Selectmen could speak regarding the Town portion, and were committed to mitigate the cost of the Town; however, they couldn’t speak for the school. He said the Selectmen had dialog w= ith the school and would continue to do so because everyone shared the burden of the tax increase. The Selectmen would meet their commitment to reduce the $1 and suggested that t= he tax payers approach the School Board and communicate the same message of concern to them. <= /span>

Mr. Haverty stated he received correspondence from people over the past couple weeks regarding the tax rate. He felt it was appropriate to point out the Board members were residents who w= ere also equally affected by the decisions made.

Mr. Viger appreciated Mr. Hilbert coming forward and expressing his concerns. He echoed Mr. Gleason by saying the Selectmen were committed to rolling back the money they already allocated f= or the fire station this year. He promised he would do everything he could to ensure that came out of the budget. He said they had alre= ady gone through the budget process for 2013 and the fire station money was not= in the budget.

Mr. Hilbert believed a lot of the young people moving into Town had a six digit income. Those families may lo= ok forward to an increase in their taxes so they could deduct it off their inc= ome tax. He said seniors didnR= 17;t have that privilege.

Mr. McDevitt believed the topic was worthy of a longer discussion. He was frustrated that some of the people submitting correspondence to the Selectmen had no clue who passed th= ings in Town. He noted 81% of regi= stered voters showed up for the Presidential election; last March at Town Meeting = 30% voted. He said his only guess= was the other 70% were fine with the ballot.&n= bsp; Mr. McDevitt said the Town would respond to the letters received. He felt people should be educated = as to how Town government was run. =

Mr. Gleason stated that the Selectmen didn’t have the authority to impose taxes or to make any binding legislation.&= nbsp; The only people that could affect the tax rate are the tax payers.

Mr. Gaydos said people question why the Town allows things to go one. His response is that the Town doesn’t approve the school budget, the School Board does. He tells them that the Selectmen m= ade it clear that they would go up $1 and that amount would go away next year. He has suggested to people that th= ey can get involved by attending School Board meetings and expressing themselves.<= span style=3D'mso-spacerun:yes'>

Mr. Hilbert agreed that people didn’t know how the Town was run.

Mr. McDevitt noted if seniors were concerned they should contact the Assessor, Susan Snide at 603-635-8233. = The Town has a very generous tax break for qualifying seniors. He said there were also other exem= ptions in place that may be helpful for people.&n= bsp;

Announcements:

Important Dates to Remember:<= /o:p>

1^st Session of Annual Town Meeting:

Town Deliberative Session – Tuesday, February 5, 2013

Scho= ol Deliberative Session – Wednesday, February 6, 2013<= /b>

2^nd Session of Annual Town Meeting:

Town Elections & Voting – Tuesday, March 12, 2013

Southern New Hampshire Festival of Trees:

&n= bsp;           Eve= nt Dates Friday, November 23^rd through Saturday, December 1^{st<=
/sup>,
2012}

For a complete listing of events v= isit: http://snhfestivaloftrees.pelhamcommunityspirit.org <= /p>

The next Board of Selectmen meetin= g will be held December 11, 2012 and possibly the only meeting held in December; a= ny other meeting will be at the call of the Chair, after which the Selectmen w= ill meet January 8, 2013.

OTHER BUSINESS

Transfer Station Supervisor Positi= on Update

Mr. Gaydos said there were approximately thirty applications received for the Transfer Station Supervisor position. The Board scored all the applicants; of those who applied, there were four they wanted to interview first. If after interviewing the initial four applicants the Board wasnR= 17;t satisfied, they would continue down the list and interview additional applicants. He was hopeful th= at by the next meeting in December the Board would have a decision.

Moving Trees=

Mr. McDevitt stated that the project was something he took on. He also stated it didn’t inv= olve property tax dollars. He prov= ided the Board with information and an aerial view of the location. He explained that the roundabout p= roject had taken down and destroyed trees that were in the way; some trees remained. Those were trees th= at were dedicated to individuals, teachers and for other memorial reasons. Mr. McDevitt said he met with a landscape designer who was helping at no charge, out of the goodness of the= ir heart. The possible locations= for the trees would be to the right of the Library. One of the difficulties was the la= ck of an as built plan. The Highway= Agent carefully dug holes to make sure of the proposed tree locations. The cost for moving the trees is $5,681.68. Mr. McDevitt said = the Village Green Tree Fund can contribute $877.78 because one of the trees was planted as part of that fund. He said according to the Town Treasurer there was $7,155 in the Village Green = Tree Fund that was raised by donations. <= /span>There is also an anonymous donor who is willing to step forward and donate $1,000 towards the project. There wa= s a plan to take $3,800 out of the Elm Tree account for which the Conservation Commission approved that expenditure. In summary the funds available were sufficient to pay the cost. When the project was done the Elm = Tree account would have $1,395 remaining and the Village Green Tree Fund would h= ave approximately $6,300 remaining. He asked for the Selectmen’s permission to move forward with the project.

Mr. Haverty questioned how Greeno was identified to move the trees. Mr. McDevitt replied he was one of= the few people in the region to have the capability. They were specifically identified through a high recommendation from Dave Mermelstein, who works for Trident = (the company handling the fire station project).   Mr. Haverty commented that t= he Selectmen had a self-imposed policy to usually put work out to bid; in this case a company was chosen based on the efficiency of time to complete the project, it was not a typical type of business that could be found and they were recommended to the Selectmen by a trusted advisor.

There was no objection by the Selectmen to move forward with the project.

Mr. Gleason asked if the Elm Tree account was a conservation account since it wasn’t included on the Treasurer’s list. Conservation Chairman Paul Gagnon = came forward and informed that the fund was transferred from the Treasurer to the Forestry Committee with the intent of being used to purchase the Dutch Elm = tree resistant strain of Elm trees (Liberty Elms). The Conservation Commission felt i= t was appropriate to contribute.

October Revenue & Expenses Rev= iew

Mr. Gaydos reported that the revenues were stronger than the original prediction. It appeared they = would end the year approximately 15% over the projection. He said all the departm= ents were running well, with the exception of legal which was running approximat= ely 27% over ($16,000-$20,000). T= he Town Buildings account will run approximately 10% over due to some unanticipated expenses.   Mr. Gaydos reviewed the remaining departments.=

Mr. Gleason questioned if there were adequate under expenditures in other departments to cover the over expenditures in Town Buildings and Legal. Mr. Gaydos answered yes; he was ce= rtain of that fact.

Mr. Gaydos commented that the Muldoon egress work had been completed. They came under budget by $7,300.<= span style=3D'mso-spacerun:yes'> He expected the Selectmen to be returning that amount to the General Fund at the end of the year. He reviewed the current warrant ar= ticle statuses. <= /p>

SELECTMEN’S /= TOWN ADMINISTRATOR REPORTS

Mr. Gleason reported that the Nashua Regional Planning Commission would hold th= eir annual open house November 29, 2012 between 5pm-7pm; the public is welcome = to attend at their headquarters inMerrimack.   The Senior Christmas Party w= ill be held at Harris Pelham Inn on December 4, 2012.

Mr. Viger commented that the Budget Committee was on hiatus awaiting contracts = to come through on both the Town and School sides prior to reconsideration.

Mr. Haverty had no report. <= /o:p>

Mr. Gaydos said several letters were received voicing concern about the tax rate. One letter specifically= requested to be forwarded to anybody who makes decisions; therefore a copy was provid= ed to School Superintendent Amanda Lecaroz who indicated she would also pass it along to the School Board. He= would like to have a discussion with the Board to perhaps work jointly with the School Board about coming up with a plan and jointly communicating with tax payers.    Mr. McDevitt said an agenda i= tem would be added when Mr. Gaydos was ready to do so.

Mr. Gaydos reported that the Town was in court for a case regarding a junkyard. The court ruled tha= t the Plaintiff had no standing. Wi= th regard to the second part of the complaint that the Selectmen had an un-posted/unauthorized non-public session, the court ruled that it did not happen. The entire case has n= ow been dismissed.

Mr. McDevitt had no report. =

REQUEST FOR NON-PUBLIC SESSION =

MO= TION:

(Gleason/Viger) Request for a non-public sessi= on per RSA 91-A:3,II, a &d (Personnel; Consideration of acquisition, sale or lease of property)

ROLL CALL:=

Mr. McDevitt-Yes; Mr. Gleason-Yes; Mr. Viger-Y= es; Mr. Haverty-Yes

It was noted that when the Board returned, after the non-public session, the Board would not take any other action publicly, except to poss= ibly seal the minutes of the non-public session and to adjourn the meeting. The Board entered into a non-public session at approximately 7:21 pm.

The Board returned to public session at approximately 8:25 pm.=

MOTION:

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

VOTE:

(4-0-0) The motion carried.

ADJOURNMENT

MO= TION:

(Viger/Haverty) To adjourn the meeting.

VOTE:

(4-0-0) The motion carried.<= /p>

The meeting was adjourned at approximately 8:25 pm.

      = ;            &n= bsp;            = ;            &n= bsp;            = ;            &n= bsp;   Respectfully submitted,

      = ;            &n= bsp;            = ;            &n= bsp;            = ;            &n= bsp;   Charity A. Landry

      = ;            &n= bsp;            = ;            &n= bsp;            = ;            &n= bsp;   Recording Secretary

BOARD OF SELECTMEN ACTION ITEMS=

=

March 29, 2011

Mr. Gaydos to put timeline toge= ther 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 t= he project was moving 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 quickly)(8/9/11 – Mr. Gaydos continuing to work with Attorney Solomon- associated correspondence wi= ll 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 – October 16, 2012 remains in court.

=

May 10, 2011

Mr. McDe= vitt researching appropriate signage for Raymond Park (where parcels are located and what names were allowed per deeds) (6/7/11 Mr. McDevitt sa= id 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 shou= ld 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 sa= id the Board had received a draft of the naming requirements of the park, which raised additional questions.&nb= sp; The Selectmen will schedule a discussion at a later time)(8/9/1= 1 – there is a question whether there could be signs that stay up at Raymo= nd Park – this is in the process of being addressed)(8//30/11 ̵= 1; agenda item scheduled) / 10/25/11 – research still being conduct= ed and signs to be designed; 1/17/12 – ongoing project – an E= agle Scout project will possibly be brought forward to put up kiosk. July 10, 2012 – Park &a= mp; Recreation Director waiting for a Boy Scout to come forward with a project. / October 16, 2= 012 Mr. McDevitt will speak to Park & Recreation.

May 24, 2011<= /u>

Mr. Gaydos to review the legal ramifications of changing the road classification in the Gumpas Pond area; 7/1012 Mr. Gaydos to check sta= tus with Ms. Waters. / October 16, 2012 pending. =

July 5, 2011<= /u>

Mr. Gaydos to request from Comcast something in writing indicati= ng 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 de= al 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= . / October 16, 2012 pending

August 2, 2011

Obtain status regarding Young’s Crossing and the flashing = sign on Route 38/Gage Hill Road/Ledge Road intersection and from Police Chi= ef. (8/9/11 Mr. Gaydos had a discussion with Police Chief Roark regarding the flas= hing light and there may be less expensive alternatives. The Chief has requested a mee= ting with the DOT district for Pelham)(8/30/11 – correspondence recei= ved from State – Mr. Gaydos to work with Police Chief Roark to compi= le 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 working with intersection (with state) in conjunction with Sherburne Road. / October 16, 2012 Planning Director Gowan to address and provide status update.=

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 wor= king on response regarding dam water releases and hoped it would also addre= ss the flood ordinance Mr. Gowan was working on)/ 10/25/11 – Mr. Ga= ydos said there was wording, but it didn’t have sufficient ‘teeth’ – an agenda item will be scheduled for Selec= tmen discussion; 1/17/12 – at a standstill between what the state is willing to do and what the Town would like them to do. Mr. Gaydos felt the flood stu= dy would aid in an outcome. /October 16, 2012 proposals to be reviewed and narrowed down and presented.

April 10, 2012

Mr. Gaydos to co= ntact people in Londonderry regarding the flood study and work with Mr. Gowa= n to coordinate. / October 16= , 2012 pending.

April 24, 2012

Planning Directo= r to review water supply regulation and well ordinance documents and return comments to the Selectmen; October 16, 2012 in progress.

July 17, 2012

Selectmen to rev= isit the PUC order/Pennichuck Water to see what the repayment obligation (f= or legal fees) was to the Town. =

November 13, 2012

Fireworks educat= ion – Mr. Viger

SAU Office Space=
Well Ordinance a= nd Waste Disposal Systems Regulation information/draft