APPROVED

 

TOWN OF PELHAM

BOARD OF SELECTMEN MEETING

MINUTES

July 2, 2002

APPROVED Ė July 9, 2002

 

CALL TO ORDER

PLEDGE OF ALLEGAINCE

 

PRESENT:

Mr. Greg Farris, Mr. Hal Lynde (left the meeting before it ended), Mr. William McDevitt, Mr. Jean-Guy Bergeron, Mr. Richard Derby

 

Also present:

 

ABSENT:

Mr. Pat MacQueen, Interim Town Administrator, members of the press and general public.

 

None.

††††††††††††††

Chairman Farris opened the meeting at approximately 6:30 pm.

 

MINUTES REVIEW

 

June 25, 2002

 

MOTION:

(Lynde/Bergeron) To approve the June 25, 2002 minutes as amended.

 

VOTE:

 

(4 - 0 - 1) The motion carries.Mr. Derby abstained.

 

October 16, 2001

 

MOTION:

(Lynde/Bergeron) To approve the October 16, 2001 minutes as written.

 

VOTE:

 

(4 - 0 - 1) The motion carries.Mr. Derby abstained.

 

November 13, 2001

 

MOTION:

(McDevitt/Lynde) To approve the November 13, 2001 minutes as amended.

 

VOTE:

 

(4 - 0 - 1) The motion carries.Mr. Derby abstained.

 

December 4, 2001

 

MOTION:

(Lynde/Bergeron) To approve the December 4, 2001 minutes as written.

 

VOTE:

 

(4 - 0 - 1) The motion carries.Mr. Derby abstained.

 

OPEN FORUM

 

Senator Mark Fernald, Democratic candidate for Governor, met with the Selectmen to discuss his position regarding communities, education and taxes.He explained a plan he helped to create for education funding, which would cut property taxes, and add a 4%state income tax.He said he was strong on campaign finance reform.He believed that health insurance should be made available to people who currently didnít have it.He said that he was also an environmentalist.Mr. Fernald believed that the most important thing was to solve the fiscal situation of the state.He said if anyone had any question they could contact 924-7577 or log onto his website www.markfernald.com

 

APPOINTMENTS

 

None.

 

OLD BUSINESS

 

Municipal Building

 

Mr. McDevitt said that during the meeting with the department heads and Ms. Jan Becker of Breadloaf he asked Ms. Becker what she meant when she said the MEP (mechanical, electrical, plumbing) contracts were excluded from the design build contractors list.He said there were a lot of things to be bid out, but there had been a misunderstanding regarding what Breadloaf would do regarding the MEP contracts.Mr. McDevitt said that during a conversation a while ago with Ms. Becker a question had come up about the structural engineers, and other people that Breadloaf needed to walk through Sherburne School to get started.He told Ms. Becker that the Selectmen didnít have an interest in who was needed for the structural engineering or the walk through, because it would be within the $484,000.He said the copies of minutes received from Breadloaf were clear with what they thought the Town meant, but were not clear with what the Town meant.He said that Breadloaf believed that it was okay to start with the mechanical and electrical design people.Mr. McDevittsaid that in order to keep costs down, the design/build contracts did not have a dividing line between the design end and the construction end.He said Breadloaf engaged three firms believing that they were doing what they were supposed to.Mr. McDevitt said he spoke with Mr. MacQueen and the understanding was that the Town would receive a set of design specification that could be bid out to everybody, but Breadloaf explained that design build was a continuum from beginning to end.He said that Breadloaf had already entered into contracts with the firms and the cost for getting out of them would be approximately $55,000.He said that the design build work was 30% of the cost.He read through the list of work that would be bid out.Mr. McDevitt did not feel that it would be a good idea to pay to get out of the contracts.He was not clear if there were local people in the design build field.He did not feel that there was any intent by Breadloaf to do anything that was not okay with the Town.

 

Mr. MacQueen believed that part of the miscommunication stemmed from overuse of the words Ďdesign buildí, which he said was a general term and meant different things to different people.He said that when the contracts were signed, the understanding was that the companies would design and build, if the project was to be constructed.He felt that if he had been at all the meetings, he would have had the same understanding that Mr. McDevitt did.He said that Breadloaf would meet with the Selectmen at the next meeting to discuss the situation and answer questions.

 

Mr. Bergeron discussed his understanding of what Breadloaf would handle and didnít believe that the information reported to the Selectmen was to allow Breadloaf to hire a firm to handle the construction phase.Both Mr. Bergeron and Mr. McDevitt had a problem with what had occurred.Mr. Bergeron said that he reviewed the qualification application for the contractors and believed that it was well composed and would protect the Town.He noted that the qualification process was only for new firms and he believed that everyone should fill out the same applications and paperwork just as someone would interview for a position in Town.He hoped that the Selectmen would share his view, and be fair and equal with everyone coming forward to do work in Town.Mr. Bergeron ended by saying he wanted the Town to keep track of the extra costs that arose because he felt that everything should have been reviewed during the initial design value presented.

 

Mr. Farris said that his understanding regarding the approach was the same as Mr. McDevitt and Mr. MacQueen.He said the situation now was whether to begin at square one for the cost of $50,000 and bid everything out.He said that Breadloaf would meet with the Selectmen to discuss what standards were followed and how the bids were awarded to the three firms to ensure that the process was market competitive.He said that Breadloaf could also be posed the question of how often they update their files and keep information current.He asked that the Selectmen think of the questions they would like answered by Breadloaf for the next meeting.

 

There was a brief discussion regarding regarding possible additional costs.Mr. MacQueen said that with any construction would have change overs, some deducts, some adds.He said that was why contingencies were added in.

 

Mr. Bergeron wanted to confirm that the $484,000 was for the design phase.He didnít feel that it had anything to do with construction because Breadloaf had not been hired as a building management or contract management company to represent the Town.Mr. Farris said that the three firms had been hired to design the mechanical, electrical and plumbing and when the Town moved forward with the construction, the three companies would handle that phase as well.Mr. Bergeron wanted to make it clear that he did not vote to have Breadloaf handle both the design and the construction.He would like Breadloaf to explain how they felt they had the authority for both.Mr. McDevitt reiterated that that when he told Ms. Becker that the Selectmen didnít care about the design consultants called in to work on the project.He said they moved forward believing that they could hire the MEP people, but clearly the Selectmen did not grant the authority for construction.There was a brief discussion of who would assume the cost.Mr. Farris said that the Selectmen could discuss at the next meeting.

 

Mr. Lynde understood that the error was not intentional.He said that he was impressed by the amount of potential work for local people.He said that 60% of the work had yet to be determined.

 

Mr. McDevitt wanted to report that there was terrific progress with the building and the Selectmen would have the opportunity to view the floor plans at the next meeting.He said that the principal of Sherburne School informed that over one hundred boxes had been left at the school for the Townís use, if wanted.

 

Tax Deed, Little Island Pond

 

Mr. McDevitt said that after some thought he came to realize that if the Town did not take the island, it would go into the estate of the person that passed away.He said the owner resided in Brooklyn, New York.He believed that the Town might be better off owning the island so any problems that arose could be handled right away.

 

MOTION:

(Lynde/Bergeron) To instruct the Town Clerk/Tax Collector to record a tax deed for the property in the middle of Little Island Pond.

 

VOTE:

 

(5 - 0 - 0) The motion carries.

 

Setting date for Town auction

 

Mr. MacQueen said he was not able to get in touch with the auctioneer and was unable to set a date.He said that they were hoping for August and by next Tuesday should have a specific date.

 

NEW BUSINESS

 

Budget Review

 

Assessing - Ms. Janet Reardon reviewed the Assessing Budget with the Selectmen.She said that there had been an increase in salary, due to contractual obligations.The increase in supplies was for postage.She said that utilities, gas, oil would remained the same.She said that there was a decrease in equipment repairs and new equipment.Ms. Reardon questioned the BMSI software item because she had not been charged in for it in the past.There was a brief discussion and Mr. Farris informed that the $297 for the BMSI would be moved from Ms. Reardonís budget.She believed that the item might have been broken out from the Tax Collectorís budget.She said that she added the Vision maintenance contract to her budget.The Selectmen were in agreement with the overall budget of $48,611.

 

Mr. McDevitt asked about the requirement for the revaluation of the Town and if money should begin to be set aside.Ms. Reardon said the Townís deadline was 2006 and currently were approximately $90 per parcel to have it done.

 

There was a brief discussion regarding the amount needed for a revaluation and how it should be budgeted.Mr. Farris asked that Ms. Reardon compose a warrant article for a third of the total cost.Mr. MacQueen believed that the Town should do a revaluation each year to keep up with the equity.There was an additional discussion regarding how properties should be assessed.

 

Mr. Lynde left the meeting.

 

REQUEST FOR NON-PUBLIC

 

REQUEST FOR NON-PUBLIC SESSION

 

MOTION:

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

 

ROLL CALL:

 

Mr. Farris-Yes; Mr. McDevitt-Yes; Mr. Bergeron-Yes; Mr. Derby-Yes

 

The Selectmen entered into non-public session at approximately 8:05 pm.Also present was Mr. MacQueen, Interim Town Administrator.

 

The Board returned to public session at approximately 8:45 pm

 

NEW BUSINESS CONíT

 

Budget Review

 

Buildings and Grounds - Mr. Farris said that the 2001 appropriation was $91,608 and the 2001 expended was $126,757.He said that in 2002 there was no amount because the budget had been split between the departments.Mr. Farris said that the requested amount for 2003 was $166,381 because everything was being taken out of the individual department budgets and added back into the buildings budget.Mr. Farris continued to review the budget.There was a discussion regarding the cost to upkeep Sherburne School.Mr. MacQueen will get a detailed breakdown of the cost for maintaining Sherburne School once the School District no longer handled it.†††

 

Insurance - Mr. Farris said the appropriation amount in 2002 was $150,107 and in 2003 the requested amount was $153,234.He said the increase was due to the dental and life insurance.

 

Interest on Long Term Debt - Mr. Farris said the appropriation in 2002 was $15,939 and the 2003 requested amount was$323,246.He reviewed the backup paperwork.Mr. MacQueen said that Mr. Bob Blanchette had used the interest amount provided by Zions Bank (even though it has not yet been decided whom the Town would use for the Municipal Building financing).

 

Principal on Long Term Debt - Mr. Farris said that appropriation for 2002 was $105,000, and the appropriation for 2003 was $479,000 ($374,000 was based upon a schedule provided by Zions Bank, even though it had not yet been decided whom the Town would use for the Municipal Building financing).

 

Retirement - Mr. Farris said the appropriation for 2002 was$193,437 and the request for 2002 was $203,155.Mr. McDevitt asked that Mr. Blanchette research the last time an increase to the pension payment had been given to Ms. Harriet Mansfield.†††

 

TOWN ADMINISTRATORíS REPORT/SELECTMENíS REPORT

 

Mr. MacQueen said a letter had been received from Adelphia telling the Town how they intended to continue despite the pending bankruptcy.He said a 30-day notice had been received by Hanover Insurance informing that they would be canceling the bond Adelphia put up.He asked Mr. Jim Greenwood to review the bond document for possible submission to Attorney Peter Epstein.Mr. MacQueen said that RPF had spoken with Ms. Jan Becker of Breadloaf abatement specifications could be drawn up.He felt that the Town should proceed with the abatement quickly.He asked for authorization to notify RFP to develop the specifications.†††

 

MOTION:

(McDevitt/Bergeron) To authorize Mr. MacQueen to tell RFP Associates to prepare specifications for asbestos abatement according to the three scenarios outlined in Ms. Jan Beckerís (Breadloaf) e-mail.††

 

VOTE:

 

(4 - 0 - 0) The motion carries.

 

Mr. Bergeron read a memo aloud received by Fire Chief David Fisher informing that the Pelham Firefighters Association held their annual ecumenical breakfast.It was a success and approximately ninety people had been served breakfast.

 

Mr. Derby had no report, but wanted to wish everyone a happy July 4th.

 

Mr. McDevitt said that work had begun at Elmer G. Raymond Park.He thanked Mr. Romeo Croteau for hanging a flag at the Town Hall and fixing the light that now shines on the flag at night.Mr. McDevitt reminded people that the Independence Day Celebration would be held at 6pm at the Sherburne School field July 3rd.

 

Mr. Farris noted that the new Town Administrator, Mr. Gaydos would be starting the following week.He said that he spoke with Mr. Tryon who informed that the swamp mats were no longer being removed.Mr. Tryon spoke with Gregory and Cook who informed that the mats were going to be moved.Mr. Farris suggested charging rent of $100 per day.Mr. MacQueen said that they could be charged rent as well as removed and charged with the cost for removal.Mr. Farris said that a solution would be forthcoming regarding the status of Jose Hot Dog.He asked what the status was for the codification.Mr. MacQueen said he would follow up regarding the status of the final draft.

 

REQUEST FOR NON-PUBLIC SESSION

 

MOTION:

(Derby/Bergeron) Request for a non-public session per RSA 91-A:3,II,c & e (land & legal).

 

ROLL CALL:

 

Mr. Farris-Yes; Mr. McDevitt-Yes; Mr. Bergeron-Yes; Mr. Derby-Yes

 

Mr. Farris noted that when the Board returned, after the non-public session, the Board would not take any other action publicly, except to seal the minutes of the non-public session and to adjourn the meeting.The Board entered into a non-public session at approximately 9:15 pm.Also present was Mr. MacQueen, Interim Town Administrator.

 

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

 

MOTION:

 

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

 

VOTE:

 

(†† )

 

ADJOURNMENT

 

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

 

VOTE:†††††††††††††††† (††††† )

 

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

 

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

 

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

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