SEL20121211

APPROVED

TOWN OF PELHAM

BOARD OF SELECTMEN MEETING

MINUTES

December 11, 2012

APPROVED – January 8, 2013

CALL TO ORDER – approximately 6:30pm

PRESENT:

ABSENT:

Mr. William McDevitt, Mr. Edmund Gleason, Mr. Doug Viger, Mr. Robert Haverty,= Mr. Hal Lynde, Town Administrator Tom Gaydos.

None

PLEDGE OF ALLEGIANCE=

MINUTES REVIEW

November 27, 2012

MO= TION:

(Gleason/Haverty) To approve the November 27, 2012 meeting minutes as amended.

VOTE:

(4-0-1) The motion carried. Mr. Lynde abstained.<= /span>

OPEN FORUM

Mr. Paul McDonough, Mammoth Road came forward.= Regarding the open position at the Transfer Station, he felt the Town should look from within to fill the position.

Announcements:

1)= Zoni= ng Board of Adjustment (ZBA) Openings – 3 Alternate positions available

2)= Town= Holiday Closings – Tuesday, December 25^th, 2012 & Tuesday, Jan= uary 1^st, 2013

3)= 2013= Budget Public Hearing & January 10, 2013 @ 7:30pm at Pelham Elementary School Media Center

4)= Next= Board of Selectmen meeting – January 8, 2013

APPOINTMENTS

Jim Greenwood, Cable Coordinator –

Recognizing Thistle Communica= tions for Donation of a used Yamaha 24 Channel Mixer Valued at Approximately $495
Comcast Contract Modification=

Mr. Greenwood said th= ey received a donation from Thistle Communications (based in Pelham) of a Yama= ha 24-channel mixer. The value w= as less than $500. PTV planned t= o put the equipment to good use. Mr. Greenwood provided a brief explanation of the type of work done = by Thistle Communication. Mr. Mc= Devitt asked Mr. Greenwood to express the Selectmen’s gratitude to Thistle Communications for their generosity.

Mr. Greenwood then di= scussed the Comcast contract modification. There was a verbal agreement for Comcast to provide $11,000 at the signing of the contract, which was not previously memorialized within the contract. For the Town to be = able to receive the agreed upon $11,000, an amendment has been added to the cont= ract which needed the Selectmen’s signature. The Selectmen were provided with t= he proposed amendment for review and signature.

Mr. Gleason asked if = all the issues with Comcast have been resolved with the formalization of the contract. The specific issues were: 1) transf= erring communication to the new fire station at no cost, and 2) provide new comput= ers to the school. Mr. Gaydos said there was to be a memorialized list of places they could broadcast from. He tasked Mr. Greenwood with follo= wing up. Mr. Greenwood didn’= t feel there would be an issue. Prio= r to signing a contract, Mr. Gleason wanted to receive concurrence from Comcast = that they would make the modifications. Mr. Gaydos said there was a discussion with Comcast regarding the issues; the $11,000 was the first item they wanted to resolve.

Mr. Gleason asked if = the Cable budget would be okay with the receipt of the money from Comcast. Mr. Greenwood believed the budget = would be fine; the grant funds were used only for equipment.

Mr. McDevitt asked if= the expectation was for the Selectmen to sign the amendment. Mr. Greenwood said he hoped they would.

Mr. Gleason reiterated he would like written assurance that Comcast would satis= fy the other requirements. Mr. G= aydos said this would be the first step; they already had the discussion and Mr. Greenwood was following up. He didn’t feel there would be a problem.

MO= TION:

(Gleason/Lynde) To approve the amendment to th= e Renewal Cable Television Franchise Agreement as provided.

VOTE:

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

Mr. Lynde saw that the contract had a typographical error in the payment amount and the numeration breakdown. He asked to recons= ider the vote to amend the contract to correct the errors before the Selectmen s= ign the document.

MO= TION:

(Lynde/Haverty) To reconsider the vote for the purpose of making an amendment to the agreement the Selectmen have in fro= nt of them. =

VOTE:

(4-1-0) The motion carried. Mr. McDevitt voted no.

Mr. Lynde moved to am= end the amendment presented to the Selectmen, adopt the proposed change with the amendment included.

MO= TION:

(Gleason/Lynde) To revise the previous motion = to approve the amendment to the Renewal Cable Television Franchise Agreement= in the sum of $111,000 and with the understanding that any typos will be corrected.

VOTE:

(5-0-0) The motion carried.

Library Trustee Appointment Interview – An= gela Hinkle

Mr. McDevitt explaine= d it was the responsibility of the Selectmen to fill vacancies in the Library Truste= es that occurred midstream. The Selectmen received a letter from the Chair of the Library Trustees recommen= ding the appointment of Angela Hinkle for the remainder of the term of Doug Fyfe from present until March, 2014. The Selectmen welcomed Ms. Angela Hinkle to come forward and thanked her for volunteering.

MO= TION:

(Haverty/Gleason) To appoint Angela Hinkle as a Library Trustee for the remainder of Mr. Fyfe’s term from present u= ntil March, 2014.

VOTE:

(5-0-0) The motion carried.

Introduction of New Adult Services Librarian = 211; Annie Seiler

Library Trustee Susan= Snide came forward to introduce Annie Seiler to the Selectmen. She explained that the Trustees we= re excited to have Ms. Seiler join the Library staff.

Mr. Gleason asked wha= t Ms. Seiler considered to be the challenges with electronic devices and maintain= ing a library. Ms. Seiler didn= 217;t feel there was a challenge. S= he believed there was a lot of room to have fun and learn from the tools. She teaches technology courses introducing people to electronic devices.&= nbsp;

Mr. Haverty questione= d how the types of offered courses are established. Ms. Seiler began by setting up a b= asic course on computers which lead to other areas of interest. In the coming year she will do more classes on security and interacting on the internet. She plans to guide the classes bas= ed on interest from the community. =

The Selectmen welcome= d Ms. Seiler and thanked her for coming forward.=

OTHER BUSINESS

Transfer Station Supervisor Positi= on – Vote

Mr. McDevitt said this item would be postponed. The Selectmen had ‘zeroed= 217; in on a candidate and had serious discussions and would take the item back = up at a later date. <= /span>

Main Street Bridge Dedication=

Mr. McDevitt said former State Representative Shaun Doherty had a bill passed naming the Main Street Bridge after the late Sgt. Daniel Gionet. Through a discussion Representative Charlene Takesian learned the ‘ball’ was in the Town’s co= urt to move forward with the process and obtaining a sign for the dedication. There have been discussions regard= ing a dedication ceremony late Spring, 2013.&nbs= p; Mr. Lynde said he reviewed the Legislation signed by the Governor wh= ich indicated that the State authorized the naming of the Main Street Bridge. The cost and design (of the sign) = was up to the Town, but the State wanted to approve what was proposed to ensure it fell within their guidelines. Mr. Lynde said it was up to the Town to design the sign and submit for approval= . Mr. Gleason believed the Highway A= gent interfaced with sign companies who worked within the Town. Mr. Lynde suggested contacting Mr. Doherty to see if there was anything he needed from the Selectmen. Mr. McDevitt believed Mr. Doherty = was presently working to raise funds for a sign and was working with groups to conduct a ceremony. He suggested contacting VeteranR= 17;s Affairs at the State to see if there is a typical design that is used for signs. He asked Mr. Gaydos to= put the item on his list to follow up. <= /span>He also asked that the Selectmen keep in touch with Mr. Doherty regarding the status.

Highway Block Grant

Mr. Gaydos said the year was not completed, but so far the Town had $76,000 remaining in the Highway Block Grant. He understood they were still working at Hinds Lane to finish the project (weather permitting). He suggested there be a discussion how the year would be finished with the gra= nt and what money would remain for the Highway Agent starting in 2013. No action was needed by the Select= men.

Review of 2013 Warrant Articles

Articles for Town Parcels for Sale

Mr. McDevitt said the Selectmen had already conducted a review. He asked if the Budget Committee h= ad the opportunity to review. Mr. Vi= ger (Selectmen Representative to the Budget Committee) said the Budget Committee had reviewed and voted on all the warrants except for the SAU space needs a= nd Police contract. <= /span>

Mr. McDevitt discussed the article for Town parcels for sale. He said it had been referred to the Planning Board and Conservation Commission for comment.

It was noted that January 20, 2013 (dated corrected to January 28, 2013 during= the Selectmen’s January 8, 2013 meeting) was the date the warrant had to = be posted.

Residual Monies to be Returned to = the General Fund

Warrant Articles
Grants
Trust Funds

Mr. Gaydos said when they review the final reconciliations for October (that th= ey just received) they will see if there is any money due from the Trust Funds. He was not familiar wi= th any grants that needed to be closed out, but believed there were two warrants t= hat could be closed. <= /span>

Muldoon Egress Warrant Article Mon= ey

Mr. Gaydos discussed egress signage at Muldoon Park. He said reflectors would be put up= . There was a brief discussion regar= ding signage at the park. Mr. Lynd= e felt it was appropriate to recognize the Muldoon Family with a sign. Mr. Gaydos said the sign put up at= 1201 Mammoth cost approximately $1300. He was trying to determine the amount to be set aside for additional signage.<= span style=3D'mso-spacerun:yes'> The Selectmen would like Park & Recreation Director Brian Johnson to look into appropriate signage and repo= rt back with a cost figure. Mr. Gleason felt with the volume of activity conducted at Muldoon the Park & Recreation Department should be able to erect a sign out of normal operating expenses as they did at Raymond Park. Mr. Gaydos believed the sign was from activity funds. After further discussion, Mr. Gayd= os said he would task Mr. Johnson to come up with a design for a sign for Selectmen’s review.

Update on Flood Study

Mr. Gaydos said they would be receiving three in depth proposals next week for addressing flooding issues in Pelham along Beaver Brook. The proposals will be reviewed ove= r the holiday and after compiling questions they will begin the selection process.

Mr. McDevitt asked if the Selectmen would be able to make a decision at the fir= st meeting in January. Mr. Gaydo= s said the decision would depend on the types of questions raised.

Mr. Lynde told the Selectmen he received a call from a long-time resident who suffers from flooding yearly. The resident was quite upset having seen the work being conducted and trees bei= ng removed for the roundabout project and concerns about the impacts downstream. The resident ques= tioned the type of water flow into the brook and if there would be an increase. Mr. Gaydos replied there had been = in depth conversation with the State. There are certain regulations that don’t allow additional water volume or velocity, which was the whole idea for the retention ponds. He said there should be a neutral effect. Mr. Gleason said ther= e was review of the roundabout and flow of water. The State indicated they didn̵= 7;t anticipate an addition to the current situation. He believed the study was availabl= e for review.

Mr. Gaydos commented that the Town would receive each company’s approach = to dealing with the issues.

Update on Fire Station<= /span>

Mr. Gaydos said the project was moving along very well with great coordination = and remained on schedule. The min= utia of the detail was now being reviewed and fine-tuned.

On a side note, Mr. McDevitt said the Town had been sued. He said in the Matter of J. Albert= Lynch v. Town of Pelham, after considerable back and forth the Town asked the cou= rt to dismiss the law suit. It w= as later the court’s decision to dismiss the law suit.

DISCUSSION

Local Government Center=

Mr. McDevitt noted that the Selectmen received an e-mail from the Local Governm= ent Center (‘LGC’) relative to refunds of premiums or discounted billing because of the court order that they were under to return funds to their member towns. He asked = Mr. Gaydos to briefly comment regarding the correspondence.

Mr. Gaydos commented it was their approach, along with a majority of towns in t= he State, for the LGC to give a premium holiday in December. He said it wouldn’t be a huge amount of money because it would be broken up over a period of time; it was agreed that a portion of the money belonged to those employees who paid for part of their insurance. This= would be effective December for the 2012 year.&n= bsp; When the Town receives the next contribution holiday they would do l= ikewise. He didn’t feel the amounts w= ould be significant.

Mr. Lynde said this issue was near and dear to him. He served on a Municipal Advisory Committee which is an advisory board to the New Hampshire Municipal Association. They have been apprised of the suit brought forward by the Secretary of State’s office. He discussed with the Selectmen the Legislation that was passed to handle the situation.

SAU

Mr. McDevitt said he and Mr. Haverty met with Mr. Gaydos and the Assistant Superintendent of Schools Amanda Lecaroz regarding the SAU using the six classrooms in the Municipal building. He said the Board would need to have a discussion and come to specif= ic conclusions. He said they rec= eived an e-mail from Trident in response to the request of looking at the six classrooms and the cost for their renovation. Numbers came in between $695,000 to approximately $800,000/$900,000. The high end number included redoing the (leaking) roof and replacing windows. Another question to = be answered is the method of financing, either by bond (which has a posting deadline) or from the budget. Mr. McDevitt said they had discussion about what the school was looking at other than the six classrooms. He asked Mr. Gaydos to set a date for a joint meet= ing with the School Board and Ms. Lecaroz.&nbs= p;

Mr. Gleason was confused as to what number was on the table. Mr. McDevitt said when the school representatives met with the Selectmen they had an estimate of $600,000. Upon further study by the school a= nd Trident the number was found to be considerably higher. He said they needed to conduct a m= eeting for what was now on the table. Mr. Gleason said the question was where the school wanted to go, what they want= to do and what the associated cost will be. He said is it their determination = that they want the roof etc. to be included in the price. Mr. Haverty said out of all the op= tions reviewed, the location that makes the most sense is within the six classroo= ms. He said if that was going to happe= n the Town should approach it from the standpoint of a landlord and charge either rent or lease. He said the sc= hool (via Trident) was now coming back with costs and backup information so the = Town could know the options. Mr. G= aydos noted it was Trident who recognized there were items that were missing from= the initial cost estimates and was providing options. There were still items being evalu= ated and how the job could be approached.

There was further discussion regarding the costs and approach the Selectmen would take going forward. Mr. Haver= ty reviewed an e-mail received from Gino Beroni of Trident that pointed out the October presentation didn’t include soft costs. Trident provided a range of projec= ted total project (hard and soft) costs of $695,000, which didn’t include= the roof, window or hazmat work up to a projected $895,000, which didn’t include hazmat work. The esti= mated schedule for work was between 3.5 to 5 months.

Mr. McDevitt said it was important to have a meeting dedicated to the discussion and suggested including school representatives and Mr. Beroni of Trident. The Selectmen decided to hold a me= eting December 18, 2012 to discuss the classroom space the SAU is interested in within the Municipal building. Mr. Lynde wanted to know what the SAU was budgeting for next year and what their basis was and what they saw down the road if the proposal didn’t go through.

Mr. McDevitt said the Board was very well aware of the impact of tax increases = on voters and has kept that in mind in all discussions and will continue to ke= ep it in mind going forward.

Mr. Lynde suggested having PTV put together a program showing the discussions a= nd the classroom space to help voters understand the topic.

SELECTMEN’S /= TOWN ADMINISTRATOR REPORTS

Mr. Gaydos said they were going through a lot of the sharp details on the fire station and was surprised at the level of detail being reviewed. He thanked the Fire Chief for the = work he was doing in reviewing all of the details brought forward.

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

Mr. Viger met with Atlas Fireworks to discuss putting together a safety program= and found them to be willing to do anything they could to help. Atlas will put information togethe= r and make a presentation to the Selectmen to determine what they would like to d= o at that point.

Mr. McDevitt had no report and wished everyone a wonderful holiday season.

Everyone involved with putting together the Town Christmas party were recognized, especially Executive Secretary Marie Maruca and Mr. Gaydos.

REQUEST FOR NON-PUBLIC SESSION =

MO= TION:

(Gleason/Viger) Request for a non-public sessi= on per RSA 91-A:3,II, a (Personnel= )

ROLL CALL:=

Mr. McDevitt-Yes; Mr. Gleason-Yes; Mr. Viger-Y= es; Mr. Haverty-Yes; Mr. Lynde-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 8:10 pm.

The Board returned to public session at approximately 9:10 pm.=

MOTION:

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

VOTE:

(5-0-0) The motion carried.

ADJOURNMENT

MO= TION:

(Haverty/Lynde) To adjourn the meeting.

VOTE:

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

The meeting was adjourned at approximately 9:10 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