BOARD OF SELECTMEN MEETING
CALL TO ORDER
PLEDGE OF ALLEGAINCE
Mr. Greg Farris, Mr. Hal Lynde (arrived shortly after the meeting started), Mr. William McDevitt, Mr. Jean-Guy Bergeron, Mr. Richard Derby
Mr. Pat MacQueen, Interim Town Administrator; Mr. Tom Gaydos, Town Administrator; members of the press and general public.
Chairman Farris opened the meeting at approximately .
(McDevitt/Derby) To approve the
(4 - 0 - 0) The motion carries.
Mr. Greg Pelletier,
Mr. Lynde arrived.
Mr. Farris said that the Selectmen would discuss the issues at a later meeting.
PUBLIC HEARING - Donation of a one-acre lot to be added and made a part of the
Attorney Philip Currier, submitted a plan for property on the corner of
Mr. Richard Jensen, Cemetery Trustee said the Cemetery Board would like to have the property. He said it was valuable and would not require a lot of work.
Mr. McDevitt said that he had walked the parcel and believed it would be a good addition to the cemetery.
There was no public input.
(Derby/Lynde) To accept the donation of a one-acre portion from ML 5-152, on the corner of
(5 - 0 - 0) The motion carries.
PUBLIC HEARING - Donation of grass seed, fertilizer, lime &
Mr. Bob Tryon was not present, but the Selectmen decided to hold the public hearing portion of the discussion. Mr. Farris said his only question were the values of the donations. Mr. McDevitt believed the York Rake totaled $751, the seed and fertilizer, ball field mix $673.60. Mr. Farris believed the bleachers were approximately $8000.
There was no public input.
Mr. Lynde said that per his notes from the June 25, 2002 Selectmen’s meeting, Pop Warner would be donating the bleachers at an approximate cost of $6,000 and the York Rake, seed and fertilizer would be donated by the Little League.
Mr. Farris said the donation would be discussed further when Mr. Bob Tryon arrived. (see continuation below)
Interview for appointment to Conservation Commission
Mr. Christian Montminy met with the Selectmen seeking a full-term appointment to the Conservation Commission. He said that when previously appointed, he was filling the term for a prior member. He would like to be re-appointed so that he could help the community become better aware of conservation issues. The Selectmen did not have any additional questions since they had previously interviewed Mr. Montminy for appointment with the Conservation Commission.
(McDevitt/Lynde) To appoint Mr. Christian Montminy to a three-year term as a member of the Conservation Commission effective
(5 - 0 - 0) The motion carries.
Ms. Jan Becker, Bread Loaf met with the Selectmen and reviewed the Building Committee’s meeting minutes (number three), from June 19, 2002, which include an updated project budget. She said that a lot of changes and discoveries had been made since the November meeting now that meetings had been held with various department heads. She said Bread Loaf had completed Design Development on
Mr. Lynde believed that Forestry should be involved so that certain memorial trees were preserved and the boundary could be determined. Ms. Becker felt that once stakes were added to the site the boundary would be determined. She said they would like to review and walk the site with the Forester.
Mr. Farris asked how much of the road would encroach the field. Ms. Becker did not think that the road would encroach the ball fields. She said that there would need to be a way for emergency trucks to access the sally-port area.
Mr. McDevitt wanted to know more information regarding the drainage plan. Ms. Becker said that a preliminary drainage plan had been given to the Planning Director and would be submitted as part of the site plan review to the Town’s engineer and to the state so all the requirements could be met. Mr. Farris noted that the amount of drainage water in post construction could not be greater than the amount of drainage water before construction began. Ms. Becker said the objective was to use the existing systems and meet the regulation requirements.
Ms. Becker went on to discuss the changes made within the building to better serve the individual departments. She said that during review of the structural analysis to the old portion of the building they found a tin ceiling that they hoped to restore. Ms. Becker then reviewed the Police Department’s space and how the room details had been altered. She then reviewed the Library space and noted that changes made. She said that a meeting room was previously located on the second floor of the Library, but had since been moved to the first floor, with independent access so the Town could have an additional meeting room. She showed a drawing of the proposed
Mr. Farris asked if the future space could possibly be used by Park and Recreation for passive recreation programs. Ms. Becker said that each Department along the corridor could lock their doors and the future space had its own access. She noted that there would be a meeting regarding the mechanical, electrical and plumbing for the building held on
Ms. Becker addressed the acoustics of the gymnasium. She said that the room had a lot of hard surfaces and there were things that could be done to make the room acoustically better. She said that if the room were altered there might be a trade-off of what the room could be used for. She said that sound absorbing materials could be added to the ceiling or hung on the walls. She said it was not a problem that needed and immediate solution, so the Town would have time to weigh the pros and cons. Mr. Farris asked what the acoustic quality currently was. Mr. McDevitt noted that in the past, the Town held their meetings and dances in the gym. Ms. Becker said that television and electronic recordings were solvable. She said that changing the acoustics depended on how much they bothered the Town. She said that it could be done after people moved into the building. Ms. Becker believed that the job specifications would be completed by mid August.
Continuation: PUBLIC HEARING - Donation of grass seed, fertilizer, lime &
Mr. Bob Tryon met with the Selectmen regarding the donation. He said that the Pelham Little League donated the York Rake, seed and fertilizer (at a cost of approximately $1428). He said that the Pelham/Windham Razorbacks donated the two sets of bleachers, which were three levels (21ft. wide) as well as a two player benches (at a cost of approximately $5,900).
Mr. McDevitt said that the Town was extremely grateful to all the people who volunteer their time as well as the items donated.
(McDevitt/Lynde) To accept the donation of the bleacher, player benches, York Rake, fertilizer and seed.
(5 - 0 - 0) The motion carries.
Bread Loaf Continued.....
Mr. McDevitt said that when the Selectmen received the breakdown outlining the bidding process, a red flag was raised regarding one sentence. He said he spoke with several people, and concluded that a misunderstanding had occurred in connection with certain language being used. He said a discovery had been made that Bread Loaf had agreed to sign three contracts for design-build based on a conversation he had with Ms. Becker. He said during the conversation with Ms. Becker he told her that the Selectmen had no particular interest in the design contracts, since the Town was paying Bread Loaf for design. Mr. McDevitt said now that the miscommunication was recognized, the question was how to proceed.
Mr. John Illick, Bread Loaf met with the Selectmen and recognized the fact that when certain terms get used frequently there may be assumptions made regarding the meanings. He said that the project would happen exactly how the Town wanted, regardless of any misunderstanding. He said there had been some discussion regarding the bidding process and decided that structural and civil would be engineered in its typical fashion, with drawings created, and put out to bid. He said because the project was mainly a renovation, a suggestion was made to have the mechanical, electrical, plumbing and fire protection be done on a design-build basis with vendors, subcontractors, with both design and construction experience. He said a concern had been expressed to have the process remain open and available. He said there were communications between Bread Loaf and Pelham regarding the need to advertise. Mr. McDevitt said that an announcement had been made at several Selectmen’s meetings that informed that the Town was ready, willing, and able to accept bids from any and all contractors, or people in the construction business. Mr. Illick said that an ad had been written and sent to the Town specifically seeking mechanical, electrical and plumbing, soliciting interest for design and construction services. He said that Bread Loaf did not receive any response, so they did their due-diligence prequalifiying people they felt were local, qualified and had experience. He said Bread Loaf interviewed, selected firms and engaged them per part one of the contract (which had been previously reviewed by Attorney Gordon Graham, Town Council). Mr. Illick informed that if the Town wanted to ‘change horses’ and put the work out through a more conventional bid process, by having independent engineering done, it would be fine with Bread Loaf. He said that Bread Loaf provided some implications, and noted that the contracts for part one and part two would need to be amended. He ended by saying that either direction would be okay with Bread Loaf, it was up to the Town.
Mr. Bergeron shared a few of his concerns. He said he was aware of the initial $30,000 as well as the phase one cost of $484,000 that the Selectmen approved. It was Mr. Bergeron’s belief, and opinion, that phase one was solely for design, and did not have anything to do with signing contracts for construction. He discussed the mechanical, electrical, plumbing and sprinkler contracts (MEP), which represent approximately 30% of the $5,861,000 ($1,758,300). He said that he had attended every Selectmen meeting and didn’t believe that the Select Board had ever authorized any contracting, not even for the MEP. Mr. Illick didn’t think that Mr. Bergeron had misunderstood anything. He said that no contracts had been signed for constructing anything. He said that the Town had engaged Bread Loaf’s services on a design build basis that had two phases, first design, and subsequently construction. He said the decision to use the design build process with MEP vendors was made through discussions with the Town. He said the only commitment to the MEP vendors was for the design portion, but the intent would be for them to build it. Mr. Illick said if the Town did not desire the MEP vendors to build, it could be changed with slight implications, such as timing.
Mr. Bergeron wanted clarification regarding what discussion Bread Loaf had with the Town. Mr. Illick said Bread Loaf had a lead project manager (Ms. Jan Becker) and the Town had a contact point. Mr. McDevitt said that he had been the point person for the Town and did not want any misunderstandings. He said that when Ms. Becker spoke to him, he said that the Selectmen did not have any interest in the phase one design phase. He said in hindsight, had Bread Loaf’s language been understood and he would have put a stop up, since he did not have the Selectmen’s authority to enter into any agreements or tell Bread Loaf to do anything major. He said the reason he did not think the decision was relevant or important was because the contract had already been signed for $484,000 (for design). Mr. Illick said that to change the method of doing business would be less than expected. He said one of the implications would be the slowing of Ms. Becker’s work while Bread Loaf disengaged the MEP vendors.
Mr. Farris wanted to know if the MEP vendors for design were generally outside of Bread Loaf’s in-house professionals. Mr. Illick said that Bread Loaf’s in-house professionals were generally management staff. Mr. Farris wanted to know how Bread Loaf determined what the best design system was for the best design price. Mr. Illick said that a complete set of working drawings with an engineer’s stamp would be reviewed by Bread Loaf’s in-house expertise to ensure they were done by Bread Loaf’s quality standards. Mr. Farris asked if Mr. Illick felt confident that the bids received by the MEP vendors were competitive. Mr. Illick said he was completely confident that the bids received by the MEP vendors were competitive. He discussed the differences of doing a job using design build, versus using an independent engineering firm. He said that renovations were typically design build.
Mr. Bergeron reviewed a document received
Mr. MacQueen believed the decision to be made was whether to continue with the MEP vendors or not. He asked that Mr. Illick explain why he felt the approach taken was the better approach. Mr. Illick discussed the reasons Bread Loaf favored the MEP and fire protection vendors. Mr. McDevitt noted that fliers had been sent to residents and numerous announcements had been made at Selectmen meetings, with no response. Mr. Illick said they tried to select firms that were wholly, or substantially, local firms that had the ability to perform within a timeframe and held the quality and expertise to execute the project. Mr. Bergeron referred again to the letter of
Mr. Lynde appreciated the concept of design build in the specific areas and felt it made sense to proceed. He asked how many firms had been contacted. Mr. Illick said that an ad had been sent to the Town for publication, but no responses were received, so they proceeded with their normal list. Mr. Lynde asked if the Town were to proceed, if design build firms should be sought after. Mr. Illick felt it would be inappropriate to readvertise for design build firms, because there were firms already engaged. Mr. MacQueen wanted to know why Mr. Illick felt that design build would be the best value for the Town. Mr. Illick explained that when a design build firm handled the design and the construction, the multitude of issues that arose could be handled by one firm connecting both phases.
Mr. Farris reviewed the situation. He wanted to know if the Town decided to put the MEP contracts out to bid, if the design plans created would be used for the bidding process. Mr. Illick felt that bidding the designs would be unethical since that was not the basis that a contract was entered into, he added that most designs were considered instruments of service. He said that if Bread Loaf were to disengage with the MEP vendors, they may withdraw any designs previously submitted and simply be paid for the time spent on the project. He said that the best value that would accrue to the Town would be to contract a design build firm. Mr. Farris wanted to know what additional cost would be to the Town to start the process over and bid out a design build contract for the MEP contracts. Mr. Illick believed the cost to begin the process over would be approximately $10,000. Mr. Farris wanted to know what the Town should do if the currently contracted vendors did not resubmit, and the people that bid were not of the same standard. Mr. Illick said that because Bread Loaf had a relationship with the vendors, they might be able to encourage the vendors to be back on the job.
There was a discussion regarding what direction the Town should go, either continuing with the MEP vendors contracted, or starting from the beginning and putting the MEP contracts out through a traditional bidding process.
(McDevitt/Lynde) The Selectmen confirm the MEP design build process that Bread Loaf is currently engaged in and that no change be made to the present process. The motion was made on the basis that the process offers the Town and the taxpayers a better value, the greatest advantage and the most appropriate design solution to any other alternative.
(4 - 1 - 0) The motion carries. Mr. Bergeron voted no.
Mr. Farris said that he had confidence in what Bread Loaf and the contractors would provide, the issue was how the Town would pay for the project.
Mr. Lynde discussed the bids and confirmed with Bread Loaf that the Selectmen would be reviewing approximately thirty-one bid specifications. He asked about the leach field and the pump house and wanted to know if the concerns were borne from the design build process. Ms. Becker said that the civil engineer, Kimball-Chase Engineering, provided information in their report on the leach field and the pump house. She said they were doing all the utilities outside the building.
Mr. Illick said that Bread Loaf had to accept their part of the communication responsibility. He said if anyone had questions, they could contact Bread Loaf and have a representative attend a meeting to give an explanation.
Mr. Bergeron asked Bread Loaf if they would use the same paperwork for all contractors, or would the new firms be singled out, if Bread Loaf were awarded the construction building management services phase of the project. Mr. Illick said that Bread Loaf kept an up-to-date database of firms they had worked with. He said if there was a concern to have everyone fill out the same paperwork, it would not be an issue with Bread Loaf. He went on to explain the process in which Bread Loaf would solicit bids and how the list would be compiled for Selectmen review.
Mr. McDevitt discussed the types of decisions made during the meetings with Bread Loaf and asked for direction from the Selectmen as to what type of issues the Selectmen wanted to vote upon. Mr. Bergeron suggested that a memo be drafted prior to meetings and given to the Town Administrator for individual Selectmen review. Mr. MacQueen did not feel that it would be practical for the Selectmen to be involved with the multitude of decisions that were to be made every week. He did believe that the Selectmen should be involved with the larger issues. He said that if there was an item contained in Bread Loaf’s meeting minutes that one of the Selectmen did not like, it could be discussed. Mr. Gaydos believed that there would be a list of options that arose throughout the process. He felt the first objective should be to finalize the design with the department heads, and present it to the Selectmen for a decision.
Mr. Lynde felt the current process of having Mr. McDevitt attend the Bread Loaf meetings and report back to the Selectmen was fine and should continue.
Mr. Farris said that the current process was that Mr. McDevitt and Mr. Gaydos would be attending the meetings with Bread Loaf, and if there were any issues, they would be brought before the Selectmen for discussion. He said there would also be weekly updates. There was a consensus from the Selectmen to continue the process as it currently was.
Senior Citizens - Ms. Sue Hovling met with the Selectmen to review the budget. She began by discussing the salaries. The Selectmen informed that any non-union salary increase would be handled by the cost of living increase within the Selectmen’s budget. It was noted that Ms. Hovling could discuss an additional salary increase with Mr. Gaydos to be brought back before the Selectmen at a later date. Ms. Hovling went on to review the Senior Citizens budget. She discussed the compressor for the air conditioner, which she budgeted money for repair or replacement in the event that it broke down. Mr. McDevitt felt that a decision should be made to either repair/replace the air conditioner instead of budgeting money that may not be used. Mr. MacQueen said there was an amount for repairs in the buildings and maintenance budget. Mr. Gaydos said the long-term plan for the entire Town owned buildings and a list of items that would eventually need repair or replacement. Mr. Farris asked that Ms. Hovling remove the air conditioner repair/replace amount and have it moved into the buildings and maintenance budget.
Ms. Hovling said that she received a quote for a dumpster at $125 per month. Mr. McDevitt asked how the trash was currently being disposed of. Ms. Hovling said that the gentlemen from the transfer facility came by once a week. Mr. MacQueen discussed the need for the
Cemetery - Mr. Richard Jensen met with the Selectmen to discuss the Cemetery budget. He reviewed the line items. The Selectmen did not have any issues with the budgeted amounts listed.
Parks and Recreation - Mr. Bob Tryon met with the Selectmen to review the Park and Recreation budget. He began by discussing the salaries and said that he would be requesting a full-time/year round maintenance person. He described the duties that the full-time employee would be responsible for. There was a discussion regarding the need for a full-time maintenance person. Mr. Lynde suggested that Mr. Tryon calculate the hours it took to maintain the areas around Town. Mr. Tryon went on to review his budget. There was a brief regarding the money for the Halloween party that had been moved into the Town Celebration budget. Mr. McDevitt believed that the Halloween party should be included in the Park and Recreation budget.
Mr. Tryon continued to review the Park and Recreation budget. He discussed the need for picnic tables, which the Selectmen suggested adding the cost for purchase into his budget. He said that there was also a need for a storage facility, a brush hog, a rear deck attachment for the John Deere and a walk behind weed whacker. He went on to discuss the budget and the item requested for the upcoming year. One item requested was to have a study done by Bread Loaf, in the amount of $7500 for a Town community center. Mr. Tryon discussed the trash removal and said he was requesting a container service for three locations with bimonthly pickup.
Mr. Tryon discussed the possibility of creating new programs and the request to have $5000 in the budget to help start a new program. There was a brief discussion regarding setting up a separate account to help offset expenses that may run over the budgeted line items.
Mr. McDevitt discussed liability issues with trees and wanted to know if the park’s trees and branches were reviewed. Mr. Tryon said that he reviewed the trees for dead branches. He explained how the trails were cleared. He ended by saying he would review the cost for annual checks of the trees.
Board of Adjustment - Mr. Dave Brouillet met with the Selectmen to review the budget. He began by discussing the amount of copies made within the Community Development Department (Planning Department) and the possibility of changing the copying system. Mr. Gaydos believed that the new
Planning Board - Mr. Dave Brouillet reviewed the Planning Board’s budget and said that the only increase was the Recording Secretary’s salary. Mr. McDevitt said that the Selectmen handled the cost of living increases for non-union employees through the Selectmen’s budget. Mr. Lynde told Mr. Brouillet that he could submit a recommendation to the Selectmen for a pay increase and they would try to add it to the budget.
Mr. Farris asked that any offsetting revenues be listed when the budget was reviewed.
Mr. MacQueen noted that a draft of the Employee Handbook would be handed out to all departments, which included a non-union pay plan that may affect how the Selectmen budget for increases in the future.
Community Development Department (Planning Department)- Mr. Dave Brouillet presented the Community Development Department’s budget to the Selectmen for review. He said that the salary increases were per union obligations. Mr. Lynde pointed out that a position had been added for an Assistant Planner with a salary of $42,000, which a warrant article should be discussed. Mr. Brouillet said that he met with Town Counsel and was informed that he could recoup his time, at his rate, for development meetings by charging the developer. He said that he would need to keep a detailed logbook. Mr. Farris said that traditionally the Town did warrant articles for new positions. He said that the wording could note that the tax rate impact would be zero due to an offset of revenue by the Community Development Department. Mr. MacQueen said that the warrant article should also note that the revenue was new offsetting revenue. Mr. Lynde said that the Selectmen would need to have further discussions.
Mr. Brouillet continued to review the budget being presented. There was a brief discussion regarding the fees of the Planning Board and the Community Development Department. It was Mr. Brouillet’s belief that the Community Development Department (with the exception of future planning activities) should basically run with its own revenues.
Mr. Brouillet said that a mobile phone had been added to replace the line item for a beeper. He said that a mobile phone was also added for the Code Enforcement/Building Inspector. There was a brief discussion regarding the two cell phones requested and what would be the best value. Mr. Brouillet said he was discussing different phone services with the Fire Chief to find out which one would be the better alternative. Mr. Gaydos believed that each department’s usage was different and should therefore be reviewed to find an inexpensive way to get the best service. There was a discussion regarding the leased computers and the possibility of leasing a copier. Mr. Gaydos said that he would coordinate with all the departments and review their needs. Mr. MacQueen said that ultimately the Town Administrator would receive a budget from all the departments, and then submit a finalized version to the Selectmen for review.
Mr. Farris was reluctant to purchase new equipment because of the transition to the new building. Mr. Gaydos believed that leasing a copier was the best alternative, but would still like the opportunity to review the department’s needs. Mr. Brouillet said he was still obtaining quotes for the copier.
Mr. Brouillet discussed the mileage stipend paid to the inspectors and said he had increased the budget to offset the tax. He said an alternative was to have the inspectors keep a log book to track mileage. There was a discussion regarding the inceptor’s stipend and it was decided to continue paying the stipend and not have the inspectors keep a mileage logbook.
Mr. Brouillet ended by saying that he added a budget item for the staff to attend seminars and gain additional training. Mr. McDevitt suggested subscribing to publications.
Fire Department - Fire Chief David Fisher met with the Selectmen to review his budget, but the Selectmen had not yet received it in their binders. Mr. Gaydos said that he discussed the Fire Department’s budget with Mr. MacQueen and said that a warrant article may be needed to alter the existing building for the Fire Department’s use. He said that a review should be done. There was a brief discussion and when the Fire Chief returned from his leave, he will discuss the building with Mr. Gaydos.
Fire Chief Fisher said that the Hepatitis B shots were included in his budget and requested that it be removed since all Town employees used it. Mr. Farris said a line item could be added to the Selectmen’s budget.
TOWN ADMINISTRATOR’S REPORT/SELECTMEN’S REPORT
Mr. MacQueen said a memo had been sent out that summarized the municipal building’s current budget status. He said the memo also laid out various alternatives for debt schedules based upon the New Hampshire Bond Bank, Citizen’s Bank and Zions Bank. He said that he had provided Mr. Gaydos a list of the outstanding issue, yet to be dealt with. Mr. MacQueen ended by saying that he had spoken with the auctioneer and recommended that the Town Auction date be set for
Mr. Bergeron said that two new entrance doors had been installed in the Transfer Station’s main building. He thanked Mr. MacQueen for his service. He said that he enjoyed having him work with the Town. He then welcomed Mr. Gaydos to the Town.
Mr. Lynde said that the Planning Board would be holding a meeting and possibly adopting the Master Plan. He also thanked Mr. MacQueen for his service.
Mr. Derby had no report. He wished Mr. MacQueen well and welcomed Mr. Gaydos.
Mr. McDevitt asked that backup information be obtained before reviewing the budgets that include insurance and retirement. He said that he appreciated Mr. MacQueen’s wisdom and advice. He then welcomed Mr. Gaydos.
Mr. Farris said that a letter had been received from Adelphia assuring the Town that everything would run smoothly and informing that their bankruptcy plan had been accepted by the bankruptcy courts. He said that he had three trust fund withdrawal letters to sign based upon warrant articles that had passed. He questioned why the entire $720,000 for the municipal building project fund money would need to be withdrawn. He asked that Mr. Bob Blanchette review the language in the trust funds. Mr. Farris thanked Mr. MacQueen for his efforts, knowledge and incredible energy. He then welcomed Mr. Gaydos.
MOTION: (Derby/Bergeron) To adjourn the meeting.
VOTE: (5 - 0 - 0) The motion carries.
The meeting was adjourned at approximately .
Charity A. L. Willis