Town of Pelham
Town Meeting
Saturday, May 2, 2009
Pelham Elementary School

Call to Order : 9:13 a.m.

Thomas Lederle presented two scholarships: the John W Lederle Scholarship of $1000 to Luke Brown and the Angie K Lederle Scholarship of $1000 to Chana Rose Rabinovitz.  Mr. Lederle also presented a gift of $500 to the Pelham School for the Gift Account.

Article 1 : To see if the Town will vote to accept the reports of the Town Officers and Committees or take any other action relative thereto.  Moved.  Seconded.  No Discussion.

Article Passed Unanimously.

Article 2: To see if the Town will authorize the Town Treasurer, with the approval of the Selectmen, to borrow money from time to time in anticipation of the revenue of the financial year beginning July 1, 2009, in accordance with the provisions of General Laws, Chapter 44, Section 4, and to issue a note or notes as may be given for a period of less than one year in accordance with General Laws, Chapter 44, Section 17 or take any other action relative thereto.  Moved.  Seconded.  No discussion.  Article Passed Unanimously.

Article 3 : To see if the Town will name the salaries and wages for all elected officers for the ensuing year, which payments shall not be made in advance of performance, and to determine when and how they shall be paid, or take any other action relative thereto.

                                                            FY08               FY09               FY10

                                                            APPROP         APPROP         RECOMM

Moderator                                            0                      0                      0

Town Clerk                                          6750                6750                6750

Selectmen (each 3)                               1200                1200                1200

Assessors (Chairman)                           1000                1000                1000

                 (others)                                 500                  500                  500

Board of Health (Chairman)                    200                  200                  200

                  (others)                                150                  150                  150

School Committee                                 0                     0                     0

Tree Warden                                          400                  400                  400

Auditor                                       0                     0                     0

Library Trustees                                   0                     0                     0

Planning Board                         0                     0                     0

Moved. Seconded.   Article Passed Unanimously.

Discussion about School Committee salary of $0. 

Motion: To direct the Board of Selectmen to consider a stipend for School Committee members for the warrant of next year’s Town Meeting.  Moved.  Seconded.  Discussion about consideration of stipends for other committee and board members.  Motion passed with all but 7 Aye.

Article 4:  To see if the Town will raise and appropriate, transfer from available funds, including Stabilization, or to borrow a sum of money to defray the expenses of the Town for the ensuing fiscal year, or take any other action relative thereto.  Moved.  Seconded.  Motion to defer this Article until June 13, 2009.  Moved.  Seconded.  Motion Passed Unanimously.

Article 5 : To see if the Town will authorize the Board of Selectmen to enter into contracts with the Massachusetts Highway Department for construction and/or maintenance of public highways for the fiscal year 2010, and further to authorize the Board of Selectmen on behalf of the Town to accept and expend any money from the Commonwealth of Massachusetts for highway construction and/or maintenance, provided that no funds shall be expended to widen, or enter into a contract to widen, any town road unless the Board of Selectmen has held a public hearing advertised at least fourteen (14) days in advance with any proposed contract hearing, and further that such policy is consistent with state requirements or take any other actions relative thereto.  Moved.  Seconded.  Article Passed Unanimously.

Article 6 : To see if the Town will vote to accept the provisions of Section 4 of Chapter 73 of the Acts of 1986, as amended by Chapter 126 of the Acts of 1988, and in accordance therewith authorize a maximum additional exemption of up to 50 percent for taxpayers qualifying for exemption under Chapter 59, Section 5, Clauses 17D, 22, 37A, or 41C of the Massachusetts General Laws, or take any other action relative thereto.  Moved.  Seconded.  Discussion clarifying the Article’s intent to exempt an additional 50% of Real Estate Tax for qualifying individuals.  Article Passed Unanimously.

Article 7: To see if the Town will vote to authorize the Library Trustees to expend such monies as they may receive from the sale of discarded books, gifts, and bequests, and from the State and Federal governments or take any other action relative thereto.  Moved.. Seconded.  Article Passed Unanimously.

Article 8: To see if the Town will vote to authorize the Pelham Cultural Council to expend such monies as it may receive from the State and Federal governments, and from gifts and bequests or take any other action relative thereto.  Moved.  Seconded.  Article Passed Unanimously.

Article 9 : To see if the Town will vote to accept M.G.L. Chapter 32B, Section 18A requiring retirees turning age 65 to enroll in Medicare Parts A and B or take any other action relative thereto.  Moved.  Seconded.  Discussion about how this Article must be accepted by Amherst, Pelham and the Regional School Committee to take effect.  This will involve a savings for the Towns and for future retirees.  Article Passed Unanimously.

Article 10 : To see if the Town will vote to appropriate from Free Cash the sum of $32,826.50 to pay off the refunding loan for South Valley land and Buildings or take any other action relative thereto.  Moved.  Seconded.  Discussion included  questions about overall expenditures of the warrant.  Explanations of Free Cash and operating expense accounts, which are financed by tax revenues.  The article is indeed to lower borrowing and interest costs for the Town and will save $3000.  Concerns and opinions were expressed about the amounts of operating expenses and the need for reserve accounts.  The questions was called on this Article.  Article Passed with all Aye but 1.

Article 11 : To see if the Town will raise and appropriate the sum of $247,108.63 for the payment of the Town’s (General Fund) indebtedness or take any other action relative thereto.  Moved.  Seconded.  Discussion continued about Town expenses and the mechanisms for funding them.  Town Counsel pointed out that this indebtedness must be paid with no option to not pay debts.  The question was called on this Article.  Article Passed with all Aye but 1.

At this point a Point of Order explained the sources and nature of the remaining articles for clarification, pointing out that most of them involved expenditures from the Capital Equipment and Expenditures Stabilization fund created last year to fund such purchases and unrelated to monies used to pay Article 4 operating expenses.

Article 12 : To see if the Town will authorize revolving funds for certain departments pursuant to MGL 44, Section e ½ for the fiscal year beginning July 1, 2009 or take any other action relative thereto.

Revolving Fund   Authorization       Revenue Source                   Use of Fund         FY10 Spending

                          To spend fund                                                                                      Limit

Fire Dept                                Fire Chief               Fire Inspection    Inspections,           $7500     

                                                                                Fees & fines          supplies and

                                                                                                                Required pro-

                                                                                                                fessional courses

Plumbing Inspector             Plumbing Ins         Plumbing Insp      Inspections,

                                                                               Fees                     supplies and

                                                                                                                 Required pro-

                                                                                                               fessional courses  $1500                                     

Gas Inspector                       Gas Inspector       Gas Inspection     Inspections,

                                                                                Fees                        supplies and

                                                                                                                Required pro-

                                                                                                                fessional courses   $1500

Wiring Inspector                  Wiring Inspector  Wiring Inspection Inspections,

                                                                                 Fees                         supplies and

                                                                                                                Required pro-

                                                                                                                Fessional courses    $3000

Building Inspector               Building Inspector Building Inspection Inspections,

                                                                                   Fees                       Supplies and

                                                                                                                 Required pro-

                                                                                                                Fessional courses   $18,227

Zoning Board of                   Zoning Board of     Application &    Administrative costs

Appeals                                 Appeals                    consultation fees including mailings

                                                                                                                   And supplies          $1000

Moved.  Seconded.  Discussion included explanations of the funding sources and needs of Inspectors and Zoning Board.  The Question was called on this Article.  Article passed Unanimously.      

Thomas Lederle announced a gift of a World Book set of reference books and DVDs for the Pelham School Library.
Board of Health member William Pula announced some information about the Town’s preparedness for Swine Flu.
The Conservation Commission announced a signup for activities.

A Raffle Basket was announced.
A citizen announced the two previous meetings of the Pelham Possibilities Initiative.

Article 13 : To see if the Town will vote to direct he Board of Selectmen to appropriate a sum of not more than $30,000 from the Capital Equipment and Expenditures Stabilization Fund for the purpose of purchasing a replacement vehicle for the 2002 Chevrolet Impala police cruiser.  Said vehicle to be determined by a Committee made up of one Selectman, the Acting Chief of Police, and three other members appointed by the Selectmen.  The Committee will determine the optimum vehicle that will meet the Town’s and the Police Department’s needs or take any other action relative thereto.

Moved by Selectman Martell.  Seconded.   Discussion of the need for the vehicle, the timing of the purchase, the need for the Police Department having 2 vehicles and did the price include the purchase of equipment for the cruiser.  Acting Police Chief Thomann answered these questions.  After more discussion the questions was called on this Article.  Article passed with all Aye but 6 Nay.  (A 2/3 vote was required for passage of this Article).

Article 14 : To see if the Town will vote to direct the Board of Selectmen to appropriate a sum of not more than $23,000 from the Capital Equipment and Expenditures Stabilization Fund for the purpose of exercising the lease-purchase option for the 208 Ford Expedition Police vehicle as provided for in the lease contract currently held with MHG Vehicles in Marlborough, Massachusetts or take any other action relative thereto.  Moved by Selectman Martell.  Seconded.  Discussion of the $3-4000 savings in the lease with this exercise of lease-purchase option.  Article Passed Unanimously. (A 2/3 vote was required for passage of this Article.)

Article 15 : To see if the Town will vote to appropriate from the Capital Equipment and Expenditures Stabilization Fund the sum of $11,110.00 toward the purchase of new records management software as quoted on January 23, 2009 by Information Management Corporation for use by the Police Department or take any other action relative thereto.  Moved by Selectman Martell.  Seconded. Discussion of the cost and applicability of this specialized software.  Explanation by Acting Chief Thomann of the need for this software in his operation as required by State and how use of this software will make the Town eligible for Federal grants in the future.  Article Passed with All Aye but 7 Nay.  (A 2/3 vote was required for passage of this Article.)

Article 16 : To see if the Town will vote to appropriate from the Capital Equipment and Expenditures Stabilization Fund the sum of $86,972.00 to purchase replacement (14) self-contained breathing apparatus/Air Packs for the fire department, or take any other action relative thereto.  Moved by Selectman Martell.  Seconded.  Discussion and explanation by Fire Chief Murphy about the need and the use of this equipment.  Article Passed Unanimously.  (A 2/3 vote was required for passage of this Article.)

Article 17  : To see if the Town will vote to direct the Board of Selectmen to appropriate the sum of $25,000 from the Capital Equipment and Expenditures Stabilization Fund for the purpose of contracting to have the exterior of the Community Center painted or take any other action relative thereto.  Moved by Selectman Huber.  Seconded.  Discussion of need of such activity.  Article Passed Unanimously.  (A 2/3 vote was required for passage of this Article.)

Article 18 : To see if the Town will vote to direct the Board of Selectmen to appropriate the sum of $15,250 from the Capital Equipment and Expenditures Fund to be used for maintenance of the Rhodes School; i.e. to insulate the walls and ceiling, to paint the exterior and, to replace light fixtures, or take any other action relative thereto.  Moved by Selectman Huber.  Seconded.  Discussion of recent energy audit and how these activities will building’s function more energy efficient.  Discussion of moving Town’s office into the Community Center having been considered and the need for the continued use of the Rhodes School for office and Town files.  Article Passed with all Aye but 1 Nay.  (A 2/3 vote was required for passage of this Article.)

Article 19 : To see if the Town will vote to direct the Board of Selectmen to appropriate the sum of $8,500 from the Capital Equipment and Expenditures Stabilization Fund to be used for maintenance of Town Highway Garage; i.e. the replacement of light fixtures, and the painting of the building exterior, or take any other action relative thereto.  Moved by Selectman Huber.  Seconded.  No discussion.  Article Passed Unanimously.  (A 2/3 vote was required for passage of this Article.)

Article 20 : To see if the Town will vote to direct the Board of Selectmen to appropriate the sum of $22,000 from the Capital Equipment and Expenditures Stabilization Fund to be used for the purchase of a tractor for the Highway Department, said tractor to be determined by a Committee made up of one Selectman, the Department of Public Works Superintendent, and three other member from the community appointed by the Selectmen.  The Committee will determine the optimum piece of equipment that will meet the Town’s and the Department’s need or take any other action relative thereto.  Moved by Selectman Huber.  Seconded.  Discussion of use and need for such tractor and existing state of Town mowers.  Article Passed Unanimously.  (A 2/3 vote was required for passage of this Article)

Article 21 : To see if the Town will vote to accept Amherst Road as a town way according to plans titled “Pelham Amherst Road Laid Out as a Town Way” dated September 18, 2008 as developed by the engineering form of Vanasse, Hangen, Brustlin Inc. and so adopted by the Board of Selectmen at their meeting held on April 13, 2009 or take any other action relative thereto.    Motion to postpone consideration of Article 21 until June 13, 2009.  Moved and Seconded.  Motion Passed Unanimously.

Article 22 : To see if the Town will vote to appropriate from Free Cash the sum of $7,000 to purchase and equip and new riding mower, or take any other action relative thereto.  Moved.  Seconded.  Discussion of the need and cost of this mower.  Article Passed with all Aye but 3 Nay.

Article 23 : To see if the Town will vote to appropriate from Free Cash the sum of $5,000 to re-gasket and make other repairs to the boiler at the Community Center, or take any other action relative thereto.  Moved.  Seconded.  Discussion of need for such action.  Article Passed Unanimously.

Article 24 : To see if the Town will vote to appropriate from Free Cash the sum of $8,500 toward the procurement of an audit to be done in fiscal year 2010 for the fiscal year ending June 30, 2009 or take any other action relative thereto.  Moved.  Seconded.  Discussion of the need for an audit.  Article Passed Unanimously.

Article 25 : To see if the Town will vote to appropriate from Free Cash the sum of $250 to be set aside toward preservation of Town Clerk records or take any other action relative thereto.  Moved.  Seconded.  No discussion.  Article Passed Unanimously.

Article 26 : To see if the Town will vote to appropriate from Free Cash the sum of $500 to defray the cost of consultants to the Board of Appeals or take any other action relative thereto.  Moved.  Seconded.  No discussion.  Article Passed Unanimously.

Article 27 : To see if the Town will vote to appropriate from Free Cash the sum of $750 to defray the cost of consultants to the Planning Board or take any other action relative thereto.  Moved.  Seconded.  No discussion.  Article Passed Unanimously

Article 28 : To see if the Town will vote to appropriate from Free Cash the sum of $25,000 for reimbursement of unanticipated special education charges, which reimbursement would require the approval of the School Committee, Finance Committee and Board of Selectmen or take any other action relative thereto.  Moved.  Seconded.  No discussion.  Article Passed Unanimously.

Article 29 : To see if the Town will vote to appropriate from Free Cash the sum of $2,500 for textbooks for the Pelham Elementary School or take any other action relative thereto.
Moved.  Seconded.  No discussion.  Article Passed Unanimously.

Article 30 : To see if the Town will vote to appropriate from Free Cash the sum of $7,500 to replace computers in the Pelham Elementary School, or take any other action relative thereto.  Moved.  Seconded.  No discussion.  Article Passed Unanimously.

Article 31 : To see if the Town will vote to appropriate from Free Cash the sum of $1,000 to be set aside toward maintenance of the Historic Complex or take any other action relative thereto.  Moved.  Seconded.  No discussion. Article Passed Unanimously.

Article 32 : To see if the Town will authorize the Board of Selectmen to accept and/or apply for any State or Federal funds or grants that may become available during the fiscal year 2010 and to expend such funds in accordance with the terms and conditions thereof, provided that no funds shall be expended to widen, or to enter into a contract to widen, any town road unless the Board of Selectmen has held a public hearing advertised at least fourteen (14) days in advance with any proposed contract and/or plans for such road improvements being posted for public viewing prior to the public hearing and further provided that such policy in consistent with state requirement or take any other action relative thereto.  Moved.  Seconded.  No discussion.  Article Passed Unanimously.

Article 33 : To see if the Town will vote to transfer from Free Cash the sum of $4,481.00 to the school department for FY2010, this money representing Medicaid reimbursements for services provided by the school, or take any other action relative thereto.  Moved.  Seconded.  No discussion.  Article Passed Unanimously.

Article 34 : To see if the Town will vote, in accordance with G.L. c71, Section 16B, to approve following the existing Amherst-Pelham Regional School District Agreement for allocating the total amount to be contributed by each member town of the District for Fiscal Year 2010 as required by Section VI of the Regional Agreement or take any other action relative thereto.  Moved.  Seconded.  No discussion.  Article Passed Unanimously.

Motion to adjourn to June 13, 2009 and 9:00 a.m. at the Pelham Elementary School for continuation of this meeting.  Moved Seconded. No discussion.  Motion Passed Unanimously.

Adjourn at 12:40 p.m.
Respectfully submitted,
Andrew Lichtenberg
Town Clerk