Town of North Hampton, New Hampshire
Select Board
Minutes - Draft
Regular Meeting - Wednesday May 21, 2008 - 7PM
1. Call to Order & Call of the Roll
Chair Creighton called the meeting to order at 7:05PM
Members Present: Chair Emily Creighton; Selectman Craig Salomon; Selectman Mike Coutu
2. Consent Calendar
***Motion*** by Selectman Coutu to accept the following consent calendar:
1. Approval of Current Use Application – Hampton Road and Gun Club
2. Approval of Veteran’s Tax Credit – Buber Map 6 Lot 42
3. Approval of Intent to Cut Map 16 Lots 5 thru 8
4. Issuance of Timber Cut Yield Tax – Map 16 Lots 5 thru 8 - $1,412.15
5. Approval of Elderly Exemption – Map 14 Lot 153
6. Approval of Elderly Exemption – Map 3 Lot 52
7. Approval of Elderly Exemption – Map 7 Lot 97
Seconded by Selectman Salomon. Chair Creighton stated that the information she asked to be clarified about the acreage that was carved out for the Hampton Rod and Gun Club is not in the information provided by the assessor. She was asking what portion was in current use, specifically does it include the area where the bullets are shot from up to where the bullets land. The Board agreed to have this topic tabled. Motion carries 3-0
3. New Business
3.1. Appointment of Alternate Member of Zoning Board of Adjustment
Town Administrator Fournier stated that he received a letter from Paul Marston indicating that he is still interested in serving as an alternate to the ZBA. Town Administrator Fournier stated that they also received a letter of resignation from Ron Dupuis as an alternate to the ZBA.
Chair Creighton stated that she would like to wait until the ZBA reorganizes to have the ZBA comment on the number alternates that they want. Selectman Coutu supports the recommendation that the ZBA go through their reorganization, make a recommendation on their preferences for the number of alternates and the board continues to accept applications. Selectman Salomon stated that he has concerns because Mr. Marston has been on hold for some time, and that while he appreciates the ZBA’s opinion, he feels that it is still the purview of the Select Board to determine the number of alternate members. Selectman Coutu asked if it was customary practice that the appointment of a member to a board be made on the recommendation of the board chair. Selectman Salomon stated yes, and the only
time that it did not happen was the recent appointments to the ZBA. Chair Creighton reiterated that the ZBA should comment on the number of appointments and that she apologizes to Mr. Marston for the delays.
***Motion*** by Chair Creighton to continue this topic until the next regular meeting. Seconded by Selectman Coutu. Motion carries 3-0.
3.2. Resignation of Recreation Commissioner
Town Administrator Fournier stated that the Board received a letter from Guil Spencer.
***Motion*** by Selectman Coutu to accept the resignation. Seconded by CS. Motion carries 3-0. Chair Creighton thanked Mr. Spencer for his service.
3.3. Highway Facility Update
Chair Creighton stated that there has been some concern over the progress of the salt shed and highway facility. Richard Mabey, the Building Inspector, stated that they were starting to install the siding on the salt shed and an update on the overall progress of the construction. Chair Creighton indicated that there were some issues of concern from some residents and asked if the Town was reviewing this with them. Mr. Mabey stated that they have but the budget is tight and some cost saving measures had to be undertaken. Chair Creighton wanted to know about the spec bidding process. Mr. Mabey stated that it is a design build project. The Town solicited bids from a list of basic specifications for the project. The bidders then come in and design a building around our specifications and determine
a price. The Town received six bids and awarded it to the lowest bid. He stated that the salt shed is a basic building as well as the Highway Garage and Office. Selectman Coutu asked for clarification. He asked if there was a change in a material, would the Town have the right to refuse the change. Mr. Mabey stated only if it was something that was specified in the specifications. Chair Creighton stated that there are concerns with the roof of the salt shed being flat. Mr. Mabey stated that it is up to code to hold the snow load that we receive. Chair Creighton asked if the membrane on the roof will meet the specifics that are needed. Mr. Mabey stated that it will meet and maybe exceed the code. Selectman Coutu asked if the thickness was in our specifications. Mr. Mabey stated that it was not. Chair Creighton asked if the Building Inspector is inspecting the building progress. Mr. Mabey indicated that he is. Selectman Coutu asked if the nails are hot dipped. Mr. Mabey stated hot
dip. Selectman Coutu stated he was concerned with the corrosiveness of salt and its impact on the building. Selectman Coutu asked if Mr. Mabey knows how long the fasteners will last. Mr. Mabey indicated that he believes it will last more than twenty years. Selectman Coutu asked if the foundation was treated with sealer. Mr. Mabey stated on the inside, not the outside. Selectman Coutu asked if Mr. Mabey could address the sealant in a memo. Mr. Mabey indicated that he would. Selectman Coutu asked to what extent Mr. Mabey inspects the construction. Mr. Mabey states that he is at the site several times a week and that all is going to plan. Selectman Coutu asked if the membrane is under guarantee. Mr. Mabey stated that he will have to check the documents. Selectman Coutu asked if the membrane is not installed correctly, who is liable. Mr. Mabey feels that the Town will have to deal with the contractor not the membrane company. Selectman Coutu asked to have Mr. Mabey report back with the
details of the membrane warranty. Selectman Salomon stated that he deals with construction contracts a lot and wanted to thank the citizens who raised the issues. He stated that as he understood the process, the Town gave very broad parameters and they were to come back with specifics. Selectman Salomon stated that there are timelines that are outlined in State law that relates to the statute of limitations with how the Town can go back to the contractor with any claims. Chair Creighton stated that the board is reviewing the project status as part of its due diligence. Chair Creighton stated that there was concern over the foam that was used in the floor of the Highway Garage and whether or not it had enough structural integrity. In addition, there was concern over having enough foam installed for insulation. Mr. Mabey stated that the proper foam would be installed. Mr. Henry Fuller asked if the salt sealer was properly installed. He was concerned that it was not, as it did not
seem to have been cleaned properly before hand. Also, he does not think that the rebar holes were properly plugged. Mr. Mabey stated that he would inspect the sealer and ensure that it was. He stated that they still have rebar to work on. Selectman Coutu stated that he in concerned that the sealer has been compromised since the walls were not prepared correctly. Mr. Fuller stated that he believes that the roofing installers should be certified installers. Cynthia Swank asked about other environmental concerns and whether they will meet environmental regulations. Mr. Mabey indicated that the drainage does meet the regulations. Selectman Coutu stated that it appears to him that there is no warrantee in the agreement with the contract. Selectman Salomon asked how long the retainer is held. Mr. Mabey stated that he wasn’t sure but not until the project is completed. Town Administrator Fournier stated 90 days after the engineer’s final report. Mr. Richard Bettcher stated
that he reviewed other salt sheds and all of the gussets are painted and treated. He felt that we should have ours done as well. Mr. Bettcher also presented the Board with a sample of a roof fastener. Mr. Mabey stated that painting the gussets are an accepted practice, but the galvanized gussets should be sufficient. Selectman Coutu asked about the salt hitting the fasteners that connect the walls to the cement. Mr. Mabey stated that they will be adding additional plywood to keep it off the fasteners. Town Administrator Fournier stated that he does not feel that the Town has the funds to treat the gusset plates at this point in time. Chair Creighton asked if we could use the current budget. Town Administrator Fournier stated that he believes that they could and would recommend getting a price to do so. Mr. Fuller stated that he thought that the salt should not go more than a foot below the top of the concrete foundation since it will not handle the weight. Town Administrator
Fournier stated that there would not be direct pressure, but a pile in the middle of the shed. Mr. Jim Pelletier was concerned over the roof being able to hold the snow load. Mr. Mabey stated that it would.
Updates on Items
Chair Creighton asked for an update on the emergency communications issues. Town Administrator Fournier stated that the Chief of Police was in communication with the State Department of Safety Commissioner and Rockingham County Sheriff to solve the problem. In addition, the Chief is talking with his counterpart in Hampton. Hampton’s Chief of Police has indicated that if there is an emergency the North Hampton police should immediately switch to their channel and as for assistance. Town Administrator Fournier stated that this does not solve the cellular phone issue. Dennis Kokernack or Thera Research is working with mobile phone providers to get involved in the distributed antenna system. He is also working with other Town’s to look at their communications as well. Selectman Coutu
asked who pays for the system. Mr. Kokernack stated that the carrier does. Chair Creighton commended Mr. Kokernak for reaching out to other communities. She asked him what the length of time for implementation is. He stated that it depends on the project. Selectman Salomon stated that people need to be aware that DAS is on its way and it is becoming more acceptable. Mr. Phil Wilson stated that he does not think it is a fight of those who wants coverage and people who do not want it in their backyards. It is people do not want it in everyone’s backyard. He stated that people are just going to be using the system more and there will be more demand and then more towers.
Chair Creighton asked for an update on the accounting study. Selectman Coutu stated that there is a meeting on June 5 with the Town’s auditors for an overview of issues that the Town has from their perspective. In addition, there will be a meeting with the financial software company to review their product and he also mentioned that the Town has a lack of staff problem. Selectman Coutu feels that a final report may be available in mid July.
Chair Creighton stated that the auditor’s management draft management letter has some issues referencing the library’s payroll and should be addressed.
Chair Creighton asked about the North Hampton Forever Bond issues and where do they stand. Selectman Coutu stated that the $750,000 Bond is callable and may be able to be refinanced in the winter for a 30 year term, combining it with other land purchases. Selectman Coutu stated the second part of the issue is the actual accounting of the fund. He stated that we are trying to schedule a meeting with the Chairs of the Conservation Commission and Planning Boards to review the history of the accounts and its accounting.
Chair Creighton asked for an update on the Atlantic Ave. Sidewalk cost analysis. Town Administrator Fournier stated that he asked the engineers for their revised estimates on the projects and their costs. Town Administrator Fournier stated that in addition he is reviewing the proper equipment for snow removal.
4. Items Laid on the Table
4.1. Select Board Rules and Procedures
5. Report of the Town Administrator
Town Administrator Fournier stated that he heard from the NHLGC Legal Department on the legality of a tax cap in a non-Chartered community such as North Hampton. They have indicated that we cannot adopt such a tax cap.
Town Administrator Fournier updated the Board on the Statistical Revaluation. The project is continuing as scheduled. ~The sale properties have all been visited. ~Vision is now working on converting our database their new product. ~Once that is completed, they will be reviewing sales and working on the sales analysis.
Town Administrator Fournier states that they have received notice from the Town Assessors that after reviewing all of the building permits for the past year, and they have been updated to our system. As such, they have estimated that the assessed value of the Town will see an increase of $11million from building permits. He stated that this means about five cents on the tax rate.
Town Administrator Fournier has heard from the LGC and they will be willing to send an attorney to our proposed joint board meetings to talk about Boards and Committee Roles and Responsibilities; Public Right to Know law and communication protocol; and Code of Ethics. He has scheduled it for Wednesday July 30.
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Town Administrator Fournier stated that State Senator Maggie Hassan (Dist. 23) is serving as the Chair of the Great Bay Estuary Commission and is looking for a representative from North Hampton to serve on an ad-hoc committee to review and establish guidelines for the Estuary Alliance for Sewer Treatment (EAST.) I have attached a copy of this letter to my report. He asked if the Board wanted to have Shep Kroner continue to serve on this committee. The Board indicated that they did.
Town Administrator Fournier stated that CACR 34 amending the state constitution failed. First, the compromise amendment that Speaker Norelli supported was defeated, and then the actual amendment that Governor Lynch and the State Senate overwhelmingly supported failed. He stated that he will monitor the situation with Senate Bill 539 and whether or not the Governor signs it into law. This is the “hold harmless” until 2011, when North Hampton may be contributing to other communities yet again.
Selectman Coutu asked for an update on the workforce housing bill. Town Administrator Fournier stated that he did not have any new information. Selectman Coutu stated that he heard that none of the key issues that the Town had were included. Mr. Wilson stated that the one amendment that was adopted that the effective date was July 1, 2009.
Town Administrator Fournier stated that he has begun to meet with the Long Range Planning Committee to update our Capital Improvement Plan. He will be submitting the various worksheets to the departments to work on this project.
Town Administrator Fournier stated that the retirement system reform bill was completely revamped in the State Senate. He indicated that the main goals now are to change the governance of the system to include more employee representation and a hold harmless clause for any additional costs that they may approve.
Town Administrator Fournier stated that the Town received a request to use the Town Common and Bandstand. He stated that the Bandstand Committee approved the use of the bandstand. The asked for input from the Department of Public Works and the Police Department prior to the approval.
Town Administrator Fournier asked the Board to authorize the Chair or Vice Chair to execute the documents relating to the acquisition of the Jenkins Property on behalf of the Select Board. ***Motion*** by Selectman Coutu to authorize the Chair or Vice Chair to execute the documents relating to the acquisition of the Jenkins Property on behalf of the Select Board. Seconded by CS. Motion passes 3-0.
Selectman Coutu asked when the Police contract expires and we should begin the negotiations shortly.
Selectman Coutu asked for the Board to review the MRI Fire Department study.
Selectman Coutu asked for the Board to review the goals for the Town Administrator.
Selectman Salomon reminded the Board to participate in the Memorial Day services.
6. Minutes
6.1. Regular Meeting – April 14, 2008
Selectman Coutu stated that he reviewed the DVD copy of the meeting and did not find anything substantively different between the draft changes. Selectman Salomon stated that he did not see any issues with the changes; he has concern over the level of detail in the minutes. Selectman Coutu stated that he felt that minutes should include the salient points.
***Motion*** by Selectman Salomon to approve as amended. Seconded by Selectman Coutu. Motion carries 3-0.
6.2. Regular Meeting – May 7, 2008
Chair Creighton felt that she wants certain issues to ensure that the specifics are in the minutes. She feels that if she does not agree with any amendment, she would vote not to approve the minutes. Selectman Coutu stated that they are not of different opinions on the matter, but the Board needs to come to some standard.
***Motion*** by Selectman Coutu to table the minutes. Seconded by CS. Motion carries 3-0.
7. Adjournment
***Motion*** by Selectman Coutu to adjourn. Seconded by CS. Motion carries 3-0.
Meeting adjourned 9:36PM,
Respectfully Submitted,
Stephen R. Fournier
Town Administrator
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