APPROVED

 

TOWN OF PELHAM

BOARD OF SELECTMEN MEETING

MINUTES

February 11, 2003

APPROVED – February 18, 2003

 

CALL TO ORDER

PLEDGE OF ALLEGAINCE

 

PRESENT:

Mr. Greg Farris, Mr. Harold Lynde, Mr. Jean-Guy Bergeron, Mr. William McDevitt,

Mr. Richard Derby

 

Also present:

 

ABSENT:

Mr. Tom Gaydos, Town Administrator, members of the press and general public.

 

None.

              

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

 

MINUTES REVIEW

 

None.

 

OPEN FORUM

 

None.

 

APPOINTMENTS

 

6:35 P.M. Interview for Board of Adjustment position

 

Ms. Lana Beloritsky met with the Selectmen to discuss her membership application for the Board of Adjustment.  She said the reason for applying was that she attended a recent meeting in which there was not a quorum.  She felt that serving as an alternate would help her get involved in the community.   

 

Mr. Lynde discussed the responsibility of the Board of Adjustment and asked Mms. Beloritsky if she would familiarize herself with the criteria to help make decisions.  Ms. Beloritsky answered yes.  Mr. Lynde suggested having Ms. Beloritsky meet with Town Counsel for a brief explanation session.  Mr. Gaydos said an information session could be set up.  Mr. Derby said that the Board of Adjustment members were interested in meeting with Town Counsel. 

 

Mr. Bergeron asked Ms. Beloritsky if she was familiar with the Simplex court case.  Ms. Beloritsky answered no.  Mr. Bergeron asked if Ms. Beloritsky would attend the meetings with an open mind and listen to testimony when forming an opinion, or if she would listen to outside opinion when making decisions.  Ms. Beloritsky said that people had not influenced her decisions in the past and didn’t feel it would happen at this time.  She said that she made her judgments based upon facts.  Mr. Bergeron asked if she would be willing to study the laws.  Ms. Beloritsky answered yes.

 

Mr. McDevitt asked Ms. Beloritsky if she had ever had a case, or anticipated having a case before the Board of Adjustment.  Ms. Beloritsky answered no.  Mr. McDevitt asked if she had any pending cases.  Ms. Beloritsky said she had no pending cases within the Town. 

 

Ms. Beloritsky said that in her job she worked with facts and legal matters, which she felt would help her serve on the Board of Adjustment. 

 

MOTION:

 

(Bergeron/McDevitt) To appoint Ms. Lana Beloritsky as an alternate to the Board of Adjustment with a term commencing April 1, 2003 and ending March 31, 2006. 

 

VOTE:

 

(5 - 0 - 0) The motion carries.

 

Mr. Gaydos will provide information to Ms. Beloritsky and inform her of the next meeting. 

 

6:45 P.M. David Heinz, Department of Revenue Administration, update on State assessing certification

 

Town Assessor Janet Reardon said she asked the Department of Revenue Administration (DRA) to meet with the Selectmen and provide and update of what would be expected of the Town within the next few years. 

 

Mr. David Heinz and Mr. Scott Dickman of the DRA met with the Selectmen to discuss the assessing certification process.  Mr. Dickman provided a brief history of the state assessment methodologies.  He said there was a constitutional requirement to have values be brought up to market at least once, within a five year period.  He noted that Pelham’s last revaluation was done in 1997.  He said within the new legal context there were ramifications for not complying.  He said that the Town would need to meet the published statistical guidelines by April 1, 2006 or the DRA would report the Town to the Board of Tax and Land Appeal (BTLA).  Mr. Heinz noted that the Town’s revaluation from 1997 was decent, so for the certification year, the Town would probably only have to do a data verify and update.  He went on to explain the certification process. 

 

Mr. Bergeron asked if the revaluations of the residential, commercial and industrial had to be completed in the same year.  Mr. Heinz said the data integrity could be reviewed but when the values were being updated, the whole community would need to be reviewed. 

 

Mr. Heinz discussed the Assessment Standard Board’s requirements (equalization number, coefficient of dispersion and price related differential).  He explained the breakdown of the property groups to be reviewed that would be necessary for assessing value.  He noted that there were nine companies within the state that handled revaluation.  If the Town were to do an RFP and hire an outside company, the DRA would be obligated, per RSA, to review their work.   

 

Mr. Gaydos confirmed that a statistical analysis of the different property categories would be done to check the accuracy of the Town’s data.  Mr. Heinz said that the sale properties would first be reviewed during the sampling process.  Mr. Bergeron asked if the system being used fit the same for all communities.  Mr. Heinz said it was adjusted for each community to ensure that everyone was using a uniformed system.  Mr. Bergeron asked if the Town should do a revaluation sooner rather than later.  Mr. Heinz said the Town’s ratio was getting worse from the revaluation six years ago.  He suggested putting a program in place to keep the data accurate so the Town could stay current with the market. 

 

The Selectmen continued discussion regarding the revaluation and understood that the first steps to be taken would be a sampling of the Town (by DRA), to indicate which direction the Town should head (either - measure and list, or verification and update).  The timeframe for the initial review should be by initial review of 2004/2005 warrant articles, which is by mid June, 2003.  It was reiterated that there were nine companies approved by the DRA to do revaluations. 

 

Mr. Dickman will contact Ms. Reardon as to when the process will start. 

      

Fire Chief Fisher - Road name changes

 

Fire Chief David Fisher met with the Selectmen to finalize the name list for roads in connection with the E911 public hearing.  A notice will be sent out to residents of the roads that informed of the action to be taken, either to keep the road names the same, or to be included on the change list for the public hearing. 

 

Mr. Gaydos reviewed the list of road names.  It was noted that the road names had been reviewed by the Fire Chief, Fire Department Secretary, Police Chief, Highway Road Agent and the Town Administrator.  The following road names will be changed for the list reviewed at the public hearing:   

 

MOTION:

(McDevitt/Lynde) To change Valley Forge Drive to Monticello Drive on the listing for the public hearing.

 

VOTE:

 

(5 - 0 - 0) The motion carries. 

 

MOTION:

(Lynde/Bergeron) To change Robin Road to Finch Road on the listing for the public hearing.

 

VOTE:

 

(5 - 0 - 0) The motion carries. 

 

Garland Lane will remain as it is, unless, and until there is further development on the road.  Mr. Gaydos will meet with Fire Chief Fisher to review the road name list and send out resident notification of the public hearing. 

 

OLD BUSINESS

 

Administrative Systems Review

 

Mr. John Bobula, Planning and Zoning Consultant, met with the Selectmen to review the second report in phase II of the Administrative Systems Review of the Town.  Mr. Farris said that an initial review had been done and shared with the Planning Board for comments. 

 

Mr. Bobula provided an overview of the report.  There was a discussion regarding when the plan should be introduced.  Mr. Bobula recommended the plan being put into place when the proper hardware was possessed to house both the software, and the amount of data it would generate.  Mr. Farris discussed the amount of data contained within the Planning Department and questioned if the process should begin immediately.  There was a discussion regarding the need to set up a unified file system.  Mr. Bobula discussed the importance of having the proper computer hardware for information storage and access.  He said that someone should take training courses and become the support person for easy office functioning.

 

Mr. Bobula went on to discuss the recommended filing system, the type of cabinet to use and how permit forms should be set up to match the sequence in which the software is set up. 

 

Mr. Farris confirmed the actions that should be taken first as: 1) unified file system, 2) database software.  He asked if Mr. Bobula could divide the plan into three or four tasks that could be easily achieved.  Mr. Bobula said that each of the action items could be broken out into sub-sets once it was known what resources were available. 

 

Mr. McDevitt discussed the importance of having the Planning Board be involved by providing input.  Mr. Farris believed that the Selectmen should review the progressive sequencing of the proposed plan, and at the same time request input from the Planning Board, Board of Adjustment and Conservation Commission regarding the information contained on the forms generated by the Planning Department.  Mr. Lynde said that the Planning Board would be reviewing the proposed plan at their next work session and provide comments.  He felt that staffing should be a priority.  Mr. McDevitt reiterated that servicing the Planning Board was crucial to the plan.  He suggested that Mr. Bobula meet with the Planning Board.  In an effort to keep the process moving, comments will be solicited regarding the report during a specific time frame, to be set up with Mr. Gaydos and Mr. Bobula.  Mr. Gaydos suggested forming Planning Board and Selectmen subcommittees to keep the process moving.  Mr. Lynde said that the Planning Director (Amy Alexander) needed to comment regarding the report and inform what support she was seeking.  Mr. Gaydos said once everyone agreed upon the proposed, an implementation plan would be set. 

 

There was a brief discussion regarding what financing function were currently in place in Town and how other communities handled the issues.  Mr. Gaydos believed the system that is to be put together is workable and felt the Selectmen would be pleased.  Mr. Bobula ended by reading the closing paragraph in his cover letter that recommended joint meetings with the interested parties be held to consider workable solutions.  Mr. Gaydos will contact the Planning Board to set an agenda item for Mr. Bobula to review his proposed plan. 

 

Planning Board legal bill

 

Mr. Farris said that there had been a legal bill in excess of $5000 on the manifest for signature.  He understood that all solicitations for legal counsel that were not recoupable through fees should go through the Selectmen.  He was upset that the legal expenses had been incurred without prior review of the Selectmen.  Mr. McDevitt suggested sending the Planning Board a memo reminding that any solicitation for legal counsel (not recouped through fees) should go through the Selectmen.  Mr. Gaydos noted that the legal services began in May, 2002, but had a number of different issues listed.  As suggested by Mr. McDevitt, Mr. Farris agreed that a letter should be written to the Planning Board.   

 

Municipal Building

 

Windows - Information was provided to the Selectmen regarding the windows at the Municipal Building.  Mr. McDevitt said the question had been raised regarding bidding in regard to the windows.  After a conversation with Breadloaf, Mr. McDevitt was reminded that the replacement of the windows had been bid out as alternates and awarded to Granite State Glass on October 31, 2002.  He showed a picture of the existing windows in the Town portion of the Municipal Building, which was different than the Police side of the building.  He explained what the Town side windows would consist of: 1) top (new panel, slightly smaller than existing) would be an aluminum insulated panel with an R value of 5.63, 2) middle there would be a double panel sealed of Low E glass.  He went on to explain that the Police side windows would be consisted of three sections: 1) top section - transom (since the ceiling would come half way down the top panel) - Mr. Bergeron asked what the R factor was for the panel.  Mr. McDevitt didn’t have the information.  Mr. Bergeron was concerned that the panel in the past was not good for insulation and did not want to repeat the situation.  Mr. McDevitt said he would find out the R value; 2) the middle section would consist of two fixed glass Low E windows, 3) bottom section - metal panel to match other store fronts (decorative).  He noted that the windows would not be able to be opened. 

 

Mr. McDevitt began discussing the items still to be done, and their associated costs.  He discussed the remaining contingency money and the bid savings, minus certain scope changes and believed the cost for replacing the windows could be absorbed into the budget by replacing only 2/3 of the windows.  He discussed the possibility of replacing part of the windows with Ms. Jan Becker of Breadloaf, who didn’t feel the building would look bad, since there was a clear delineation between the Planning Department (2-story) section of the building, and the unused portion of the building.  Mr. Gaydos said when the windows were reviewed, it was noted that they had very poor insulation and most of the seals had been broken.  He said there would be a number of security issues if the existing windows remained since they were able to be opened.  He went on to explain the problem of replacing the windows once the move to the building was complete (i.e. disruption of work, sheetrock, window treatments) and the fact that the costs would be considerably higher.  Mr. Gaydos reviewed items (and their costs) that had been approved, in concept, by the Selectmen. 

 

There was a brief discussion regarding the replacement of the windows and it was noted that it was time to make a decision.  Mr. McDevitt said that he could ask Breadloaf if the bidder could be asked to revise their bid.       

 

MOTION:

 

(Lynde/Derby) To go ahead with the replacement of windows in the Municipal Building in the portions of the building that will be occupied (Town offices and Police Department).

 

VOTE:

 

(5 - 0 - 0) The motion carries.

 

Library snow/ice guards - Mr. McDevitt said that the metal roof was in the process of being ordered and the snow/ice guards were an integral part.  Mr. Derby made the following motion:

 

MOTION:

 

(Derby/McDevitt) To approve $3,018 for snow/ice guards for the Library.

 

VOTE:

 

(5 - 0 - 0) The motion carries.

 

Mr. McDevitt said that he had spoken with the librarian regarding the casework, and would like to discuss further. 

 

Roof - Mr. McDevitt said during the previous meeting he had incorrectly described the composition of the roof, where moisture had been detected.  He said the roof consisted of the following materials - from the bottom - metal decking, two layers of FG insulation (held in place by a board on top and bottom), tar and gravel, insulation board, and membrane roof.  He said the problem encountered was that the insulation was damp and it was unclear where the water had come from.  He said it was not a major problem, but should be addressed. 

 

Donations - Mr. McDevitt proposed that the Selectmen consider the following donation opportunities: 1) memorial tree fund for Town green, 2) consideration of renaming the ‘gymnasium’ to ‘Sherburne Hall’ - instituting a donation program from former students and staff to refinish the room, 3) Historic Town Hall preservation fund.  He said there were other recommendations to consider in the future. 

 

Mr. Farris believed that consideration should be given to the road name that accesses the buildings.  He suggested the possibility of having a competition to come up with the name. 

 

Regional Water District

 

Mr. Bergeron said that last meeting of the Regional Water District was held on February 4, 2003.  He announced that Pennichuck Corporation and Philadelphia Suburban Corporation mutually agreed to terminate the merger agreement originally announced April, 2002.  He said that House Bill 361 (regional water district bill) passed on a vote of 12-2.  He ended by saying the next charter meeting would be held February 13, 2003.   

 

Town Report

 

Mr. Gaydos said that all aspects of the Town Report had been completed.  He provided the Selectmen with a copy of the picture for the cover, which would have to be decided upon Wednesday, February 12, 2003. 

 

NEW BUSINESS

 

Open Space Committee - Picard property

 

Mr. McDevitt said that he had been contacted by one of the members of the Open Space Committee in connection with the Picard property regarding the LCHP grant.  He said he had been asked if the Selectmen would consider sending a statement of support recognizing the significance of the open space in the area and the intent to develop a plan for it and its preservation.  He read aloud a copy of a proposed letter. 

 

There were no objections to the statement being sent.

 

TOWN ADMNISTRATOR’S REPORT/SELECTMEN’S REPORTS

 

Mr. Gaydos said that the lease agreement with the Historical Society for the Library would need Selectmen review at the next meeting. 

 

Mr. Bergeron had no report.

 

Mr. Lynde noted that the Planning Board had met February 6, 2003.  He reviewed the items discussed at the meeting and what decisions had been made.     

 

Mr. Derby had no report.

 

Mr. McDevitt had no report.

 

Mr. Farris reminded people in the community of the benefit to be held for Officer Lyons on February 14, 2003 at the Fish and Game Club.     

 

REQUEST FOR NON-PUBLIC SESSION

 

MOTION:

(Derby/McDevitt) Request for a non-public session per RSA 91-A:3,II, c & e  (matters which, if discussed publicly, would affect adversely the reputation of any person; Consideration or negotiation of pending claims or litigation).

 

ROLL CALL:

 

Mr. Farris-Yes; Mr. Lynde-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 11:10 pm.  Also present was Mr. Gaydos.

 

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