APPROVED

 

TOWN OF PELHAM

BOARD OF SELECTMEN

MINUTES

December 11, 2001

APPROVED Ė July 16, 2002

 

CALL TO ORDER

PLEDGE OF ALLEGAINCE

 

PRESENT:

Ms. Deb Casey, Mr. Greg Farris, Mr. William McDevitt, Mr. Harold Lynde (arrived shortly after the meeting started), Mr. Jean-Guy Bergeron

 

Also present:

 

 

ABSENT:

Mr. James Pitts, Town Administrator (arrived shortly after the meeting started), members of the press and general public.

 

None.

††††††††††††††

Chairperson Casey opened the meeting at approximately 6:30 pm.

 

MINUTES REVIEW

 

November 27, 2001

 

MOTION:

(McDevitt/Bergeron) To approve the November 27, 2001 minutes as written.

 

VOTE:

 

(4 - 0 - 0) The motion carries.

 

OPEN FORUM

 

None.

 

APPOINTMENTS

 

Interviews for the Cable positions

 

Ms. Jessica Pellin, Sawmill Road met with the Selectmen to apply for a position as a PTV camera technician.Mr. Farris wanted to know if Ms. Pellin was aware of details of the position.Ms. Pellin said she had a prior discussion with Mr. Jim Greenwood.Mr. Farris wanted to ensure that the position would not interfere with schoolwork.Ms. Pellin said it would not.

 

Mr. Andy Harper met with the Selectmen to apply for a position as a PTV camera technician.Mr. Farris asked if Mr. Harper was aware of the details of the position.Mr. Harper said he was aware of the job duties.

 

MOTION:

(Farris/Bergeron) To appoint Ms. Jessica Pellin and Mr. Andy Harper as camera technicians to the Cable TV department, effective December 11, 2001.

 

VOTE:

 

(4 - 0 - 0) The motion carries.

 

Mr. Jim Greenwood - using funds from Friends of PTV

 

Mr. Jim Greenwood said that he had received a letter and a check from the Friends of PTV due to the dissolution of their corporation.He read the letter aloud which requested that the dissolution money be used for audio enhancements.He would rather not have a consultant review the building, he would rather purchase an additional mixer and extra microphones.He explained the need for the extra microphones and what the added capabilities would be.

 

There was a brief discussion regarding the funds.The Selectmen decided to post a public hearing and follow the necessary steps for a donation of money exceeding $500.Mr. Farris noted that whatever equipment was obtained could be used in the new municipal building. †††

 

Ms. Casey said the donation policy would be reviewed and told Mr. Greenwood that he would not need to attend the next meeting.

 

Mr. Paul Zarnowski, Health Officer, Waiver of Article K

 

The Selectmen convened as the Board of Health with Mr. Paul Zarnowski, Chairman.

 

Mr. Zarnowski brought forward a request for a waiver of Article K on ML 13-167-9 (Plower Road).Ms. Casey noted that the request had been before the Selectmen in the past.Mr. Farris recalled there had been questions about the location of the leaching field.Mr. McDevitt said his question in the past was if the situation had been created unnecessarily.He said his question had since been answered, that the situation was not self-imposed.

 

Mr. Zarnowski said he had a conversation with Mr. Pete Stoddard of Bedford Design and also reviewed the subdivision files for any inconsistencies and none were found.There were no further questions.

 

MOTION:

(McDevitt/Casey) To grant the requested Article K waiver for Article 295-14a for ML 13-167-9 for a single-family residence only.

 

VOTE:

 

(5 - 0 - 0) The motion carries.

 

The Board of Selectmen reconvened.

 

Draft Purchasing Policy

 

Mr. McDevitt suggested holding off on making a decision until the new Town Administrator started in case they had a different idea for the wording.Ms. Casey noted that the Town currently had a purchasing policy, so if the one being proposed was not adopted, the Town would still be covered.

 

Mr. Bergeron said it would be nice if the department heads coded the manifests to know if certain invoices were included as part of the bidding process, or not.

 

Mr. Farris suggested modifying the existing policy.

 

Mr. McDevitt shared Mr. Bergeronís concern but would rather put the responsibility on the Town Administrator to report to the Selectmen which bills were not included in the bidding process.Ms. Casey felt that it was the responsibility of the Town Administrator to follow up and see if the policy was being followed.

 

The Selectmen were in agreement that a new policy was not needed, but that the existing policy was being enforced.

 

Spring Street land donation

 

Ms. Casey said she received a letter from Ms. Amy Clark, Dam Bureau informing that the dam on the property was not registered.She said that dams had to be registered, and the materials and design had to be accepted to a standard.She said that the owner needed to submit an application for a dam permit.

 

Mr. McDevitt wanted to know what the cost would be to repair the dam.He said if the Town were to accept the property, it would be appropriate to sit down and make negotiations with the developer.Ms. Casey said the owner had until December 21, 2001 to file the application.She said once the application is filed the Dam Bureau would then inform what needed to be done to bring the dam into compliance.Mr. Farris wanted to know what would happen if the dam collapsed.Ms. Casey said the pond was made as a result of the dam.Mr. McDevitt said the area would revert back to a wetland if the dam was not in place.

 

Mr. Bergeron asked if all dams had to be registered.Ms. Casey said all dams had to be registered.Mr. McDevitt said the state had different classifications for dams.

 

The Selectmen decided to hold off on further discussion until the dam was registered.

 

OLD BUSINESS

 

Warrant Articles

 

Ms. Casey said that Mr. Pitts wanted to submit a Warrant Article to see if the Town would raise and appropriate the sum of $24,000 for the purpose of contracting with a qualified professional to prepare a tax assessment valuation of all Tennessee Gas Pipeline Company property within the Town of Pelham.Attached to the proposed Warrant Article was a scope of what would be required as part of the sum.

 

Mr. Pitts arrived.

 

Mr. Farris wanted to know if the assessment were done in 2003, if it could be applied to the taxes of 2002.Mr. Pitts said that the valuation would need to be done before the next Town meeting to have it in place during the fiscal year of 2002 so that taxes could be billed.Mr. Farris wanted to know if there was an offset to pay for the valuation.Mr. Pitts believed that the difference in the value of the pipeline now, versus the new value that would be put on it by an expert appraiser would more than pay for the cost of the appraisal.

 

MOTION:

(Farris/McDevitt) The Selectmen support the Article, as yet un-numbered, to see if the Town will vote to raise and appropriate the sum of $24,000 for the purpose of contracting with a qualified professional to prepare a tax assessment valuation of all Tennessee Gas Pipeline Company property within the Town of Pelham.††

 

VOTE:

 

(4 - 0 - 0) The motion carries.

 

Ms. Casey will bring the proposed Article before the Budget Committee on Thursday.

 

NEW BUSINESS

 

Opening of Highway bids

 

Ms. Casey opened the bids received for the Highway department and read each one aloud.The bids were for the following items:catch basin cleaning, center line striping, perforated and solid piping, signs, plow blades, hot topping and cold patch, erosion stone, gravel, fill, cast iron catch basin frames and grates, front end loader, bulldozer dressings, rubber tires, digging, galvanized steel, hourly rate for a crane, wing brackets, channel post brackets, sand, gravel, bolt and lock washers, salt, roadside mowing, stone and erosion stone and liquid salt.

 

Discuss the hiring of Bond Counsel for bond issue

 

Mr. McDevitt said he called the New Hampshire Municipal Bond Bank to be certain there were not any additional charges associated with borrowing money from them.He was informed that they charged a $15,000 flat fee for any bonds over two million dollars and there was also a requirement to have bond counsel.Ms. Casey confirmed that bond counsel would not be paid unless the bond passed.Mr. Pitts believed they would not be paid unless the bond passed.He said that bond counsel would shepherd the entire process.Mr. McDevitt said if the bond bank was used the fee would be up to $5,000, but if the Town was doing its own bond, it would be more expensive.

 

Ms. Casey confirmed that the $20,000 (for the bond bank and counsel) were included in the presentation made to the Budget Committee.Mr. McDevitt said the fees were included.He believed that someone should be hired soon.Mr. Pitts said he could provide at least two quotes.Ms. Casey said she would contact the School District and find out who they used to bond the school.She said that the issue would be revisited at the next meeting once further information regarding bonds was obtained.

 

RFP for recycling management

 

Ms. Casey said she asked Mr. Pitts to find out what it would cost if the Town were to hire a recycling company to do the recycling.Mr. Pitts provided the Selectmen with information that detailed the costs for everything.He said portions could possibly be deleted.He said before he could get a cost estimate, he needed to know how much of the operation the Selectmen wanted quotes for.Ms. Casey believed that no quotes would be obtained unless there would be some idea of what the cost would be.Mr. Pitts said he could ask NRRA for a quotes for the various items.

 

Mr. Farris asked if Mr. Sampson would still be providing additional information regarding the construction of a recycling area.Mr. Pitts said he had recently sent Mr. Sampson a site plan that he would work from.

 

The Selectmen did not have a problem with finding out what the number would be if the Town hired a recycling company.Mr. Farris would like to be able to compare the number with the additional information from Mr. Sampson.He would like to be able to break down the numbers of having a company come in and

do the recycling versus the Town having a fully operational facility.Ms. Casey asked that Mr. Pitts obtain the costs and asked that he separate them out for easy review.

 

Warrant Articles

 

Modified Municipal Building Bond - Ms. Casey said that Town Counsel had reviewed the Warrant Article and provided a slightly modified version.There was a brief discussion regarding the wording of the Warrant Article, and if it should be forwarded to the Budget Committee.Mr. Farris suggested submitting both Warrant Articles to the Budget Committee and informing them that they are subject to bond counsel review.

 

Mr. McDevitt read aloud the Warrant Article that he drafted that would place all interest earned from the bond or note into the Municipal Building Capital Reserve Fund.He wanted Town Counsel to review since there was no specific amount listed.He said it would not need to be reviewed by the Budget Committee since there was no tax rate impact.Mr. Pitts anticipated revenue that the Town did not have yet.He didnít feel that a Warrant Article was needed until such time the money was received and deposited into the Townís accounts.He said the money could not be spent without a vote to raise and appropriate it.There was a brief discussion regarding where the money should be captured so it was not placed into the General Fund.

 

MOTION:

(McDevitt/Farris) To place on the Warrant the following Article, subject to Town Counselís review: To see if the Town will vote to place all interest earned from the bond or note to reconstruct E.G. Sherburne School and build a new Library into the Municipal Building Capital Reserve Fund.

 

VOTE:

 

(4 - 0 - 0) The motion carries.

 

Mr. McDevitt noted that to have any money withdrawn from the Municipal Building Capital Reserve Fund required a vote from the Selectmen, then Budget Committee Review, and finally a Town vote.

 

E.G. Sherburne School - Mr. McDevitt drafted and read aloud the following Warrant Article: To see if the Town will vote to raise and appropriate $1 for the purpose ofpurchasing the existing E.G. Sherburne School on Marsh Road from the Pelham School District.

 

Mr. Bergeron wanted to know what would happen if the Town accepted the school and the project failed Town vote.Ms. Casey said the Town would be responsible for the school and all the expenses.Mr. Bergeron wanted to know if the Town could sell the school back to the School District.Ms. Casey said the Town could sell it back.Mr. Bergeron asked if wording could be added so if the municipal project failed, the purchase of the school would be null and void.Mr. McDevitt agreed that wording could be added.There was a brief discussion regarding what would happen if a Petition Warrant Article were submitted for an alternate use of the school.

MOTION:

(McDevitt/Farris) To see if the Town will vote to raise and appropriate $1 for the purpose ofpurchasing the existing E.G. Sherburne School on Marsh Road from the Pelham School District.This Article shall be null and void if Article (number yet to be determined for the purchase of E.G. Sherburne School) is not approved by the Town.

 

VOTE:

 

(4 - 0 - 0) The motion carries.

 

Mr. McDevitt said that the Warrant Article for the purchase of the school would need Budget Committee review.Ms. Casey noted that the Warrant positions were very important.

 

Mr. Lynde arrived.

 

Mr. Bergeron discussed how Warrant Articles were drafted and what authority the Selectmen had regarding the wording and if the Secretary of the State could bounce articles back.Mr. Lynde said the DRA, not the Secretary of State could bounce articles back.Mr. McDevitt gave an example of a petition article that was passed and was later bounced back from the DRA due to the incorrect wording.Ms. Casey said the Selectmen did not have the right to change petition warrant articles.Mr. Pitts said if the petitioned amendment to a zoning article, minor changes could be made so that it would fit into the overall article.

 

Municipal Building bond amounts

 

Ms. Casey reviewed the bond and said the construction cost was $5,861,000.Mr. McDevitt said that CLD informed that the site work, topo survey and site plan would cost $21,000.He said the environmental consultant and asbestos report were, at the moment, no cost because the report done by the SAU could be used.Mr. McDevitt continued to review the possible additional costs and how they were determined.†††††††

 

Bonding time length

 

Mr. Lynde said that people were generally concerned with the overall costs.He took the bond information using $6,000,000 for the figure and determined what a ten, twenty and thirty year note would be based upon the current 4% growth in Town valuation (excluding a change in the cost of utilities) .He said he totaled the total tax cost for a taxpayer.He provided the following comparison scenarios: 1) ten year note for 6 million; 2) ten year note for 4.4 million (assuming that the money in the Capital Reserve was used to reduce the bond note and then had to expend the other $600,000); 3) twenty year note, and 4) thirty year note.Mr. Lynde said he also adjusted the numbers in out years assuming a 1% growth in inflation.He went on to discuss the tax rate impacts for the different scenarios and how he calculated the amounts shown on the spreadsheet he provided.

 

Mr. Farris favored the twenty-year term based upon the upcoming projects the Town would possibly need in the next few years.Ms. Casey agreed with having a twenty-year term so that the life of the project would match the life of the bond.

 

Mr. Lynde said if the Selectmen had any additional questions to let him know and he would clarify the information.Ms. Casey felt the Selectmen should make a decision regarding the length of the bond or note so the taxpayers would know approximately what the cost of the project would be.††

 

MOTION:

(Lynde/Farris) To pursue funding through a twenty-year note in order to keep the tax impact below $1 per thousand.

 

VOTE:

 

(5 - 0 - 0) The motion carries.

 

TOWN ADMINISTRATORíS REPORT/SELECTMENíS REPORT

 

Mr. Pitts had no report.

 

Mr. Bergeron said the Cemetery Trustee Committee Chairman wanted to make sure if the municipal building moved forward that the committee would have space.

 

Mr. Farris said the Building Committee met and discussed advertising for the project.He said that public meetings would be held so questions could be asked and answered.

 

Mr. Lynde informed that the Planning Board conducted three site walks the previous Saturday.He discussed the items reviewed during each of the walks.He asked the Selectmen for permission to speak with Town Counsel regarding a possible premature subdivision in the Spring Street area.The Selectmen had no problem with Mr. Lynde speaking with Town Counsel.††††††

 

Mr. McDevitt said that he would like to discuss pending issues with Mr. Pitts before his departure.He also felt there should be a discussion about the Town Report dedication.

 

Ms. Casey said that the Selectmen should discuss the search for a Town Administrator.She obtained information from MRI and what they would do to help the Town search for a Town Administrator.She said that NHMA could also do a search.She recommended contracting someone to do a combination search for the Town Administrator and Planning Director/Community Development Director.

 

REQUEST FOR NON-PUBLIC SESSION

 

MOTION:

(Lynde/McDevitt) Request for a non-public session per RSA 91-A:3,II,a (personnel).

 

ROLL CALL:

 

Ms. Casey-Yes; Mr. Farris-Yes; Mr. McDevitt-Yes; Mr. Lynde-Yes; Mr. Bergeron-Yes

 

Ms. Casey noted that when the Board returned, after the non-public session, there was a possibility the Board may consider a Warrant Article for the Supervisors Union Contract.

 

Ms. Casey said the Selectmen would also seal the minutes of the non-public session and adjourn the meeting.The Board entered into a non-public session at approximately††††† pm.Also present was Mr. Pitts, Town Administrator.

 

The Board returned to public session at approximately††††† pm.

 

MOTION:

 

(†††††††† ) To seal the minutes of the non-public session indefinitely.

 

VOTE:

 

(†††††††† ) The motion carries.

 

ADJOURNMENT

 

MOTION:†††††††††† (†††††††† ) To adjourn the meeting.

 

VOTE:†††††††††††††††† (†††††††† ) The motion carries.

 

The meeting was adjourned at approximately†††††††† pm.

 

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Respectfully submitted,

 

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Charity A. L. Willis

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Recording Secretary