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SELECTMEN’S WORKSHOP Monday, February 25, 2008 4:00 P.M. Meredith Community Center 1 Circle Drive Room C

AGENDA W 08-15

B & N Designs Utility Easement

W 08-16

B & N Designs Request to Improve a Public Right of Way

W 08-17

Special Permit Fees

W 08-18

Request for Water Connection for Senior Housing

W 08-19

Zoning Board of Adjustment Appointments

W 08-14

Philosophy of Minutes

Non-Public Meeting to follow per RSA 91-A: 3 II (c) and (e)

The Town of Meredith complies with the provisions of the Americans with Disabilities Act (ADA) with regard to access to meeting sites, programs and/or information. If you require accommodations for access and/or programs or information, please contact the Town Manager’s Office at least five (5) working days prior to the day of the hearing regarding your specific needs at our telephone number (603) 279-4538 or TTD (603) 279-4538.


Staff Report ZBA APPOINTMENTS February 25, 2008 Background: The Zoning Board of Adjustment has two vacant positions for full time members.

Issue: To make the necessary appointments to the ZBA.

Discussion: The current ZBA Chairman, John Mack, has suggested the appointment of two people, who are currently alternate members, to fill these full-member positions. They are: 

Warren Clark – He has served as Alternate since May 21, 2007. Warren is recommended to fill the remaining term of Fred Hawkins through March 31, 2010.

Brian Flanders – He has served as Alternate since October 15, 2007. Brian is recommended to fill the remaining term of Ken Haley through March 31, 2009.

Their Volunteer Applications and ZBA attendance records are included for your assistance. It should be noted that as these appointments fill unexpired terms, they are not eligible to serve as Chair or Vice-Chair in accordance with the ZBA By-Laws, which are attached.

Fiscal Impact: None.


Town Manager Recommendation: Concur with recommendations of the ZBA Chair. The following sample motion is provided: “Motion to appoint Warren Clark to fill the unexpired term of Fred Hawkins with an expiration date of March 31, 2010 and to appoint Brian Flanders to fill the unexpired term of Ken Haley with an expiration date of March 31, 2009.�

_________________________ Carol M. Granfield Town Manager

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Staff Report PHILOSOPHY OF REQUIRED MINUTES February 11, 2008 Background: Various styles of minutes have been approved by the Board of Selectmen and a policy of the Board should be determined.

Issue: To discuss the philosophy of final approved minutes and develop a Board policy.

Discussion: There have been various philosophies among the Board regarding the format of approved minutes. Each Board should establish a consistent policy that can then be applied. Attached is the requirement in accordance with RSA 91-A:2 II. It simply requires names of members, persons appearing before the Board, a brief description of the matter discussed, and final decisions/vote. The Town has an excellent Recording Clerk and they are difficult to find. It should be noted that extensive verbatim discussion does require significant time in transcription and is not required. Also attached are a few samples of minutes from other communities for your reference.

Fiscal Impact: Cost of Recording Clerk to attend and transcribe minutes.


Town Manager Recommendation: It is recommended the Board of Selectmen discuss their individual philosophies and agree upon a standard consistent policy for final minutes. The most effective ones I have both taken and reviewed over the years are those that have a concise summary, sufficient to provide the reader the topic and any action taken.

_________________________ Carol M. Granfield Town Manager

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Staff Report B & N DESIGNS REQUEST TO IMPROVE A PUBLIC R.O.W. February 25, 2008 Background: Conditional subdivision approval was granted on November 13, 2007 to B & N Designs, LLC for a proposed 5-lot subdivision of Tax Map S-25, Lots 30 and 38 located on Waukewan Street and Birch Hill Road. The subdivision is dependant upon the extension of municipal sewer up Birch Hill Road to serve three of the five proposed lots. The sewer extension will occur in a public right-of-way (ROW). Tim Bates, Town Counsel, has previously advised the Planning Board that although the Planning Board has the authority to require applicants to make off site improvements, it is the governing body, i.e., the Board of Selectmen that is ultimately the custodian of public roads. Tim advises that it would be appropriate to secure concurrent approval from the Board of Selectmen authorizing improvements to a public ROW that are required pursuant to a Planning Board decision. In this particular instance, Condition # 5 of the Planning Board decision stipulates that there shall be such concurrent approval from the Board of Selectmen. On behalf of B & N Design, Jeff Burd, P.E. has requested approval from the Board of Selectmen authorizing improvements to the Birch Hill Road public right-of-way. (See Burd correspondence dated 1/04/08.)

Issue: Authorization from the Board of Selectmen for B & N Designs to make improvements to a public ROW.

Discussion: In order to safeguard the public’s interests, there are several facets that come into consideration and are addressed below. Performance Guarantee. Pursuant to the Planning Board’s decisions, the applicant is required to post a performance guarantee in the amount of $66,814. This guarantee is to cover connection to the municipal sewer, approximately 320’ of sewer extension, restoration of the road including pavement and erosion and sediment control. The sewer extension plans and associated guarantee amounts have been reviewed and approved by Mike and Bob. The guarantee will be in place prior to construction.


Insurance. Pursuant to Town policy, the Town will require that the private contractor provide the Town with a Certificate of Insurance confirming both liability and workers compensation private insurance coverages. This will be in place prior to construction. Project Oversight. The project is subject to routine inspection, testing and as-built requirements. The contractor/developer is responsible for all permits, fees, contacting Dig Safe and providing Dig Safe with the Dig Safe number. An Excavation Permit will be required from DPW prior to construction. Public Safety/ Continuous Access. The Fire Dept. requires that one lane of travel be maintained during construction to provide continuous access for emergency response purposes to those properties located beyond the proposed construction. This requirement will be reinforced with the contractor at a pre-construction conference.

Fiscal Impact: Applicant is responsible for 100% of the costs to extend the sewer, restore the ROW and maintain adequate erosion controls during construction. There is no municipal cost share on this project. Contractor/ developer is responsible for all Town fees associated with water, sewer and inspections.

Recommendation: This item can be scheduled for approval at a subsequent regular meeting. following motion is offered for Board Consideration:

The

Mr. Chairman, In light of the Planning Board’s conditional approval dated 11/13/07, and the Staff Report dated 2/25/08, it appears that the public’s interests are adequately protected. Accordingly, I would move that the Board of Selectmen authorize the improvements to Birch Hill Road as requested.

Prepared By:

John Edgar, Community Development Director

Town Manager Recommendation: Concur with recommendation. This item can be scheduled for action at a regular Board of Selectmen meeting if desired.

_________________________ Carol M. Granfield Town Manager 2


Staff Report SENIOR HOUSING OF NEW HAMPSHIRE DEVELOPMENT AGREEMENT February 25, 2008 Background: At the 11/26/07 Board of Selectmen Workshop Meeting, the Selectboard directed Town staff to work with Senior Housing of New Hampshire (SHNH) to develop a solution to provide water to the SHNH development project referred to as the Meredith Bay Colony Club (MBCC). MBCC is an 85-unit senior housing facility to be located on Upper Mile Point Road. SHNH has received conditional approval from the Town Planning Board to proceed with the development. As part of the conditional approval, SHNH must obtain permission from the Town Water and Sewer Department to connect to the municipal water and sewer system. As per the Water Use Ordinance, the conditions of approval are to be documented in a Development Agreement. A draft of the Development Agreement is currently under review by SHNH. We expect to finalize negotiations with SHNH over the next few weeks and will present a final draft of the Development Agreement to the Selectboard for review at that time. Issue: SHNH has proceeded with the construction of their facility recognizing they are doing so without a commitment for a water system connection from the Town. Since the Development Agreement is not yet finalized, they have requested a letter from the Town confirming that they will be able to connect to the water system. That letter is due to their financial institutions by February 28, 2008. Discussion: Negotiations for the Development Agreement are being completed within the following context: 1. On January 7, 2004 the Mile Point Municipal Water Recapture Agreement was executed by the Town, Mr. Alfred Bowman, Mr. Walker Harmon and Ms. Jeanne Sanders (SHNH). As it relates to SHNH’s connection request, it is our understanding that the Recapture Agreement provides that, in lieu of payment for easements granted to the Town by Ms. Sanders for the construction of a water main across her property, that access be granted to the water system for any future development proposed for parcels owned by Ms. Sanders (designated as Map S17 Lot 7 and 16). We understand that four individuals who participated in the negotiations of the Recapture Agreement (Mr. Jim Hughes former Selectmen, Mr. Frank Michel Selectmen, Mr. Stephen Nix, Attorney and Mr. Ben Sanders) have affirmed that the sole purpose of Ms. Sanders providing an easement without compensation was to connect the above referenced lots to Town water. That said, we further understand that nothing in the Recapture Agreement requires the Town


grant a connection if there is insufficient capacity to meet the needs of the proposed development. 2. A revised Water Use Ordinance was adopted on October 1, 2007. The WUO provides for the allocation of available water capacity to specific user categories in the following order of priority. 1. Outstanding building permits. 2. Parcels located within the existing service area. 3. New developments requesting connection to the water system. The most recent allocation breakdown (as specified in the Water Use Ordinance) is as follows: Available Capacity (gpd): Actual Plant Capacity

900,000

10% Safety Factor

90,000

Capacity Threshold

810,000

Maximum Day Demand (2005)

669,000

Net Available Capacity

141,000

Allocations (gpd): Outstanding Building Permits

63,000

Existing Service Area Parcels

49,000

New Developments

29,000

3. The estimated maximum day demand for the MBCC is 20,000 gallons per day (gpd). 4. The parcel designated as Map S17 Lot 7 has been determined by the Water and Sewer Department to be within the existing service area. Since a portion of the MBCC project is to be located on this parcel, the Development qualifies for allocation under User Categories 2 (Existing Parcels) and 3 (New Developments) listed above. The allocation to MBCC under User Category 2 is 800 gallons per day. To meet the balance of the demand estimate, either 19,200 gpd must be allocated from User Category 3 or some other demand offset must be recognized by the MBCC. 5. It is our understanding that current policy is to allocate water to new developments on a first-come/first-serve basis. Because so many unknowns exist as to which developments will be successful and when as they navigate the Planning Board

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review process, we concur that first-come/first-serve is the most equitable, reasonable and transparent approach for allocations under User Category 3. Since SHNH has received conditional approval from the Planning Board and has formally requested a water system connection and since no other applicant before the Planning Board has done so, as of this writing, there is sufficient capacity available in User Category 3 (29,000 gpd) to support MBCC (19,200 gpd). If approved, they would move to User Category 1 (Outstanding Building Permits) and all allocations will be recalculated. Key Provisions of the Development Agreement: In summary, in return for permission to connect to the municipal system, SHNH has agreed to the following: 1. Complete the design and construction of all infrastructure improvements necessary to facilitate an interconnect to the water and sewer system. Infrastructure improvements include: sewer line; water pumping station; and water mains, valves, hydrants, and water services. Design and construction will be completed in collaboration with the Town. 2. Install low flow fixtures in all MBCC buildings for domestic water use. Automatic sprinkler systems for irrigation will be prohibited. 3. Pay all costs for engineering and construction including cost for firms retained by the Town. 4. Pay all access and connection fees as required by the Town. 5. Pay all operation and maintenance costs for the water booster pumping station until such time that additional users connect to the system. 6. Assist the Town in addressing their water capacity issues by making payments to the Town as follows: a. Pay 50% of all future amounts recaptured by SHNH when third parties connect to infrastructure paid for by SHNH. The amount will be paid to the Town at the time monies are received from third parties; or b. Pay $100,000 to the Town prior to the completion of the MBCC project.

Town responsibilities will include: 1. Assist in the design of improvements and provide design review and construction observation services to ensure infrastructure improvements meet Town standards. 2. Retain engineering firms to complete work on the Town’s behalf. Fiscal Impact: Under the terms and conditions stated above, the Town will realize the following benefits: 1. Meet the obligations as specified in the January 7, 2004 the Mile Point Municipal Water Recapture Agreement.

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2. Add sources of revenue from new water and sewer services provided by MBCC. 3. Support senior housing for the community. 4. Receive project funding to implement measures to increase water system capacity in the future. As stated, SHNH is funding all engineering and construction costs; therefore, there will be no cost to the Town taxpayers or utility ratepayers for any capital improvements. Note that the total construction cost for infrastructure improvements is estimated to be $500,000. SHNH will also pay all operation and maintenance costs of the water pumping station until such time as other users connect to the station at some future date. Costs to be incurred by the Town include staff time to a) administer funds received from SHNH, b) complete design review and c) coordinate on-going Town operations with construction activities.

Recommendation: As stated a draft Development Agreement has been submitted to SHNH. Final terms and conditions still need to be agreed upon, however, the draft as submitted to SHNH has been reviewed by the Town Managers Office, Water and Sewer Department, Administrative Services, Community Development and Town legal counsel. Therefore, it is our recommendation that the Selectboard give the Town Manager authorization to submit the requested letter to SHNH. A draft version of the letter is enclosed for your review.

Prepared By: Ray Korber, P.E. – KV Partners LLC

Town Manager Recommendation: Following review, concur with recommendation made.

_________________________ Carol M. Granfield Town Manager

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Staff Report SPECIAL PERMIT FEES February 25, 2008 Background: This report follows Board of Selectmen workshops held on 11/19/07 and 12/17/08.

Issue: Adoption of a revised Special Permit fee structure.

Discussion: Fees. At the 12/17/08 workshop, the Board expressed support for the application review component of the proposed fee structure. The Board requested that the staff incorporate an inspection component in the proposed fee structure. Bill Edney, Code Enforcement Officer, Kevin Morrow, Chief of Police, Chuck Palm, Acting Fire Chief and I subsequently met to address this concern. The following table is provided to illustrate how the total fee is derived. Please note the table includes five (5) progressive levels of event activity, a component for application review, a component for field inspection, and the total fee for each category.

SPECIAL PERMIT FEES (DRAFT) 2/11/08 EVENT

APPLICATION REVIEW

Single or Multiple Days w/ 1 Vendor

$35

(+)

none

2-3 Days w/ 1-5 Vendors

$75

(+)

2-3 Days w/ 6 or more Vendors

$75

4 or more Days w/ 15 Vendors 4 or more Days w/ 6 or more Vendors

COMPLIANCE INSPECTION

TOTAL

TOTAL FEE*

(=)

$35

$35

1 insp. x .25 hrs/insp. x 3 people x $37/hr = 27.75

(=)

$102.75

$100.00

(+)

1 insp. x .5 hrs/insp. x 3 people x $37/hr = 55.50

(=)

$130.50

$130.00

$110

(+)

2 insp. x .25 hrs/insp. x 3 people x $37/hr = 55.50

(=)

$165.50

$165.00

$220

(+)

2 insp. x .5 hrs/insp. x 3 people x $37/hr = 111.00

(=)

$331.00

$330.00

* The level of inspections identifed assumes that there is not a need for additional follow up inspections. Should there be a need for additional follow up inspections, applicant will be billed accordingly.


Application. Based upon the discussion held on 12/17/07, it was agreed that the application should be amended to reinforce the responsibilities of the property owner. The application will be revised to include the following statement which will precede the owner’s signature on the application: “In making application for a Special Permit, the property owner hereby acknowledges that the owner is responsible for: 1. Safe and orderly operation and management of the temporary use or uses; and 2. Compliance with any and all conditions of the approved Special Permit, including but not limited to the provision of traffic control; and 3. Any additional costs as may be incurred by the Town, above and beyond the Special Permit Fee, for follow up inspections necessitated by noncompliance with permit conditions or any other applicable laws or regulations.�

Fiscal Impact: The application fee described above is intended to offset a greater amount of cost associated with processing applications and related inspections. The twelve permits referred to in the initial staff report generated approximately $300 of revenue in 2007. Applying the rate structure/methodology above, the potential revenue from those same events would be approximately $2150.

Recommendation: It is recommended that the Board of Selectmen consider adopting the proposed Special Permit fee structure.

Prepared By: John C. Edgar, Community Development Director with assistance as noted.

Town Manager Recommendation: Following a review of information, I concur with the recommendation.

_________________________ Carol M. Granfield Town Manager 2


Staff Report B & N DESIGNS UTILITY EASEMENT February 25, 2008 Background: Conditional subdivision approval was granted on November 13, 2007 to B & N Designs, LLC for a proposed 5-lot subdivision of Tax Map S-25, Lots 30 and 38 located on Waukewan Street and Birch Hill Road. Condition No. 6 of the Planning Board’s decision requires that an easement to the Town for future utility purposes be finalized prior to recording the subdivision plan. This easement has potential strategic value to the town regarding future development within the Business & Industry Zone.

Issue: Acceptance by the Board of Selectmen of a utility easement.

Discussion: B & N Designs submitted a draft easement for Town review. Carol Granfield, Town Manager, forwarded the draft easement to Attorney Tim Bates for his review and comment. Tim’s comments, dated 2/1/08, are relatively minor and are attached for reference. These comments have been forwarded to B & N Designs. B & N Designs has confirmed that that there are no disagreements. Tim’s comments will be incorporated in final documents for formal Board consideration at a regular meeting. See e-mail correspondence from Jeff Burd, dated 2/14/08, for reference.

Fiscal Impact: None.

Recommendation: Upon receipt of final documents incorporating the recommendations from Tim Bates, formal acceptance of the easement should be scheduled for approval at a subsequent regular meeting.


For the purposes of the regular meeting, the following motion is offered for Board consideration: Mr. Chairman, in the matter of the proposed utility easement associated with B & N Designs subdivision of Tax Map S-25, Lots 30 and 38, recognizing the Town has completed a legal review of the proposed easement, the final easement language before us incorporates the recommendations from Town Counsel, the applicant’s attorney having certified good title to grant the easement, and that any mortgages on the property shall be subordinated to the easement deed prior to recording, I move the Board of Selectmen accept the easement as presented.

Prepared By: John Edgar, Community Development Director

Town Manager Recommendation: Concur with recommendation. This item can be scheduled for action at a regular Board of Selectmen meeting if desired.

_________________________ Carol M. Granfield Town Manager

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Town of Meredith OFFICE OF THE TOWN MANAGER Carol M. Granfield Town Manager

Dear Mr. Sanders: This letter is to confirm that the Town of Meredith will grant a water and wastewater system connection to Senior Housing of New Hampshire for the Meredith Bay Colony Club Project (MBCC) under the following stipulations: 1. That SHNH will complete negotiations on a final Development Agreement as required by the Meredith Water Use Ordinance. That such an agreement will be completed in draft form by March 14, 2008 for review and approval by the Board of Selectmen at a date to be determined. If an agreement cannot be reach, it is understood that the Town is not obligated and will not grant a water and wastewater system connection to MBCC and that SHNH will hold the Town harmless from such action. 2. That, at a minimum, SHNH is committed to the provisions as negotiated to date. Those provisions are outlined in the attached Town Staff Report. Please contact me if you have any questions or require additional information. Sincerely,

Carol M. Granfield Town Manager

41 Main Street

Meredith, New Hampshire 03253  Tel (603) 677-4205 Website: www.meredithnh.org

Fax (603) 279-1153


SELECTMEN’S MEETING