SELECTMEN’S PUBLIC MEETING
July 17, 2006
Call to Order
Chairman Nelson called the meeting to order at 6:30pm. In attendance were Chairman Gary F. Nelson, Selectman John P. Ulcickas, Selectman Robert S. Donovan, Jr., Town Administrator Nancy J. Wrigley and Office Manager Mary B. Winglass. Minutes were transcribed and typed by Office Manager Mary B. Winglass.
Chairman Nelson motioned to go into non-public session at 6:30PM under RSA 91-A:3 II (a) - Planning Board and Transfer Station. Second by Selectman Donovan. Roll Call Vote: Chairman Nelson – yes, Selectman Donovan – yes. Vote: Unanimous. Selectman John Ulcickas arrived at approximately 6:40pm.
Chairman Nelson motioned to close the non-public meeting at 7:21pm. Second by Selectman Donovan. Per unanimous roll call vote, the minutes of the meeting will remain confidential until in the opinion of the majority of the members, the circumstances no longer apply except to announce the hiring of Andrew Morse as Transfer Station and Facilities Manager for the Town of Newton effective July 23, 2006 at Grade XV, step 1, $14.57 per hour as a full time employee with benefits; edit the Town of Newton Personnel Policies and Procedures to add the wording “except per the discretion of the Board of Selectmen” under regular part time employees; Planning Board Administrative Assistant Sally Cockerline as a permanent part time employee as of Jan 1, 2006 and credit her with vacation and holiday time based upon a 30 hours per
week benefit.
Chairman Nelson called the public meeting back to order at 7:25pm.
Introduction of Guests
· Thomas Dunn Re: LGC (Local Government Center) overview of services
Mr. Thomas Dunn, Member Relations Manager for the Local Government Center (LGC) introduced himself to the Board and stated that he requested to informally meet with the Board tonight to discuss services that they provide to the town and to discuss things that are happening at LGC.
Mr. Dunn spoke on the Associations reorganization back in 2003 which combined staffing functions and they currently have a thirty-one member board to include town officials and professional members. Currently the Town of Newton has their health insurance, property liability insurance, health and dental insurance, workers’ compensation insurance and unemployment compensation with LGC and therefore they receive a package price which includes discounts and a rate guarantee through June 2008.
Mr. Dunn stated that the Association is not an insurance company but a member owned risk pool, non-profit association. The association has an added coverage this year to cover not only town personnel but also volunteers to provide insurance to cover up to $500.00 for automobile deductibles in case of an accident.
Mr. Dunn then discussed another trade mark of the LGC is the Risk Management Services and Programs at no additional cost to Trust members to help coach and guide in designing and implementing risk management programs. Another benefit to the town is a free ½ hour consultation with a law firm in Manchester regarding employment law.
Other benefits include the NHMA Conference coming up from November 15th – 17t which covers topics for all departments within the town and seminars held throughout the year for elected officials and town employees. Mr. Dunn also gave the Selectmen a “Special Events Planning Guidebook” to help the town when preparing for a special event in order to prevent accidents and reduce related costs.
The Board thanked Mr. Dunn for taking the time to come down to educate the Board on the many services provided by the Local Government Center.
Old Business
A. Chief Bldg Official Michael DiBartolomeo Re: Energy efficient replacement (Continuation of light conversion at Town Hall)
Chief Building Official Mike DiBartolomeo spoke to the Selectmen on a program that he headed up for a more energy efficient program for the Town Hall. Last year the Selectmen agreed to change the lighting in the main hall which produced better lighting as well as being energy efficient.
Mr. DiBartolomeo discussed that there was some confusion last year with hiring Councilman Electric to do some primary wiring for the instant hots for the bathrooms and the kitchen. The circuits were run for the instant hots and we are now waiting for the plumber. The instants hots are a receptacle placed under or near the sink to provide hot water electrically, therefore eliminating the need to run the oil burners during the summer months. This will help reduce the amount of oil used as well as eliminating the heat generated from the boiler room which works adversely with the air conditioners. Mike added that when looking at the two boilers at the Town Hall, he is not sure if they can be turned off without creating a problem and needs to have a plumber take a look at the burners. For the time being, Mike stated
that he has turned down the thermostat so at least the burners will not be running as much.
Mike added that the instant hots run approximately $300 each installed and that this is a good move for the town to make the change for a long term solution. Assistant Building Official Ron Lemere will assist the town with getting some estimates for the work and will include an estimate for some minor repairs to the Planning Board Office.
In the meantime, Mike stated that he contacted three electricians to give an estimate on the continuation of the light conversion at the Town Hall. The work to be completed will receive a rebate from Unitil Energy Systems equaling half of the cost.
The Board reviewed two estimates; one from Councilman Electric and the other from MacDonald Electric. Mike stated that unfortunately the estimates do not reflect apples for apples. The Board asked how the town is paid the rebate, do we pay the bill and then we are reimbursed by Unitil? Mike responded yes, the bill is paid by the town and then we send the documents to them and the town is reimbursed.
Chairman Nelson motioned to accept the estimate from Councilman Electric, Inc. in the amount $4,775.00 to upgrade the existing lighting at the Town Hall with a rebate of $2,200.00 from Unitil Energy Systems. Second by Selectman Ulcickas. Vote: Unanimous.
B. NH Homeland Security Grant awards the Town the following equipment:
1. Night Vision Modular Kit and training to the Police Department
Chairman Nelson motioned to accept the Homeland Security Grant for a night vision modular kit and training to the Police Department. Second by Selectman Donovan. Vote: Unanimous.
2. (18) Portable Radios to the Fire Department
Chairman Nelson motioned to accept the Homeland Security Grant for (18) Portable Radios to the Fire Department. Second by Selectman Donovan. Vote: Unanimous.
3. (1) Mobile Portable Radio to privately owned ambulances under contract with the Town
Chairman Nelson motioned to accept the Homeland Security Grant for (1) Mobile Portable Radio to privately owned ambulances under contract with the Town of Newton. Second by Selectman Donovan. Vote: Unanimous.
C. Website use for Not-For-Profit Organizations within the Town of Newton
Office Manager Mary Winglass requested this item on the agenda in order for the Selectmen to make a determination on whether they would allow notices of events for not for profit organizations in town under the news and announcements column on the homepage of the town’s official website.
Chairman Nelson stated that not for profit town organizations are allowed to link their websites from the town’s website and if they do not have a website, then a listing with the contact information. This information is placed under the “Useful Links” link on the homepage.
The Board discussed the amount of time it would take to place notices of events and then to monitor the website to keep the information current. The Board’s concern is the creation of more work to update the website. The Board decided to keep the link option only for not for profit organizations in town for now, although there was some interest by the Board to be able to provide event information and applications for programs offered by these organizations to the public on the town’s website.
Chairman Nelson motioned to table this item until September. Second by Selectman Ulcickas. Discussion: Possibly require a months notice and an ending date for the notice to be removed off the site. Mary Winglass discussed the option of a form to be completed electronically by the organization with the pertinent information to have on file at the Town Hall. Vote: Unanimous.
New Business
A. Letter of resignation from Transfer Station Manager Roger Clark effective July 22, 2006
Chairman Nelson announced that the town received a letter of resignation from Transfer Station Manager Roger Clark effective July 22, 2006. Chairman Nelson thanked Roger and wished him well in his endeavors.
B. Letter of resignation from Transfer Station Attendant Stephen Lupaczyk
Chairman Nelson announced that the town received a letter of resignation from Transfer Station Attendant Stephen Lupaczyk. Chairman Nelson thanked Steve and wished him well in his endeavors.
C. Request from Roger Clark to make public the non-public minutes of June 19, 2006
Chairman Nelson motioned to release the portion of the June 19, 2006 non-public minutes pertaining to Roger Clark. Second by Selectman Ulcickas. Vote: Unanimous.
The non-public minutes pertaining to Roger Clark dated June 19, 2006 read as follows;
Transfer Station Operations
The Board met with Roger Clark, Part time Transfer Station Manager to discuss ongoing concerns.
Chairman Nelson addressed the Board’s main concern is with a employee Stephen Lupaczyk, whom all three Board members have seen bringing in large quantities of items to the Transfer Station in his truck. Chairman Nelson stated that he has seen him in there two or three times a day! Roger Clark stated that the truck is used for a hauling business but that he only picks up residential stuff, not commercial, therefore it is allowed. Roger added that someone needs to help the elderly and disabled in the community. It was discussed with Mr. Clark that commercial businesses are not allowed to use the Newton Transfer Station.
The Board added that they reviewed the deposit records and found many business checks from towns that have not been approved by the Selectmen to accept their bulk items, does this mean that we are also allowing commercial businesses from all over into the Transfer Station? Mr. Clark responded that yes, if they want to bring in bulky items and pay the same fees as East Kingston, Kingston and South Hampton. Mr. Clark added that as the Manager for the Transfer Station, he should be able to manage the area the best way he sees fit.
Selectman Ulcickas strongly disagreed and responded that commercial businesses are not allowed at the Transfer Station and that he does not feel that Mr. Clark is doing a good job managing the Transfer Station. Mr. Clark responded that he is a Class IV Certified Solid Waste Operator as well as Mr. Lupaczyk. Mr. Clark added that in order to find someone to work for $8.95 per hour working outside in the elements, he needs to give them an incentive. He allows some of the employees to pick items out of the metal pile as an incentive. Selectman Ulcickas stated that this does not look right nor feel right.
Mr. Clark stated that he has been running the Transfer Station for four years and there is approximately $110,000 in the Transfer Station fund, a bulk item program that he started two years ago. Chairman Nelson added that he has been asking for some time now for a spreadsheet outlining the income as well as the offsetting costs for the bulk item program so that the Board can see the bottom line profit through this program. To this date, he has not received the information in this format. Mr. Clark responded that it is clear profit. Chairman Nelson and Selectman Ulcickas stated that hauling fees, bin rentals, employee’s time as well as wear and tear on the parking area and the cost of the stickers are all factors that need to be included in the cost of running the bulk item program.
There was a heated discussion between Selectman Ulcickas and Mr. Clark. Mr. Clark said that he was going to resign as a supervisor in the fall but maybe he will turn in his resignation tomorrow. Mr. Clark added “Why don’t you give it to Gibbs to manage”.
Chairman Nelson motioned to recess the non-public meeting at 6:55pm. Second by Selectman Donovan. Vote: Unanimous.
D. American Red Cross Statement of Understanding
Chairman Nelson stated that the American Red Cross is requesting that the Board of Selectmen sign a Statement of Understanding between the American Red Cross and the Town of Newton. Chairman Nelson read the Statement of Understanding.
Chairman Nelson motioned to sign the Statement of Understanding between the American Red Cross of Merrimack Valley and the Town of Newton. Second by Selectman Donovan. Vote: Unanimous.
E. Invitation to Bid – Annual Heating Fuel Agreement
Chairman Nelson read the Invitation to Bid for the Annual Heating Fuel Agreement for the Town Buildings. Sealed bids marked “2006/2007 Annual Heating Fuel Agreement” are to be returned to the Selectmen’s Office no later than 4pm on Monday, August 21, 2006.
Announcements
1. Help wanted for a part-time laborer to work at the Transfer Station. Interested applicants need to send in a letter of interest to the Selectmen’s Office. The Board requested that this help wanted advertisement to be placed in the Sunday addition of the Eagle Tribune for two weeks.
2. Chairman Nelson announced that the Sanborn Indians won the Great Bay Baseball Championship. They won three straight play-off games and Chairman Nelson congratulated the team. The team will present the Police Department with the trophy for they sponsored the team.
Accept Minutes of Selectmen Meetings
· Selectmen’s Public Meeting minutes of June 5, 2006 and June 19, 2006
Chairman Nelson motioned to accept the public meeting minutes of June 5, 2006 and June 19, 2006 as written. Second by Selectman Ulcickas. Vote: Unanimous
· Selectmen’s Public Hearing minutes of June 19, 2006
Chairman Nelson motioned to accept the public hearing minutes of June 19, 2006 as written. Second by Selectman Ulcickas. Vote: Unanimous.
· Selectmen’s Non-Public Meeting minutes of June 5, 2006 and June 19, 2006
Chairman Nelson motioned to accept the non-public meeting minutes of June 5, 2006 and June 19, 2006 as written. Second by Selectman Donovan. Vote: Unanimous.
Reports from Department Heads
A. Town Clerk/Tax Collector Raymond Thayer Re: Retirement plan
Bookkeeper/Payroll Administrator Kim Hughes explained to the Board the request from Raymond Thayer, Town Clerk/Tax Collector for information on pursuing eligibility for membership in the NH Retirement System. Kim stated that her memo outlines the membership criteria and the corresponding RSA’s given to her from a NH Retirement System Representative. Elected officials and those officials appointed for fixed terms are eligible for membership only if four (4) conditions are met, all of the conditions must be met to be eligible. The conditions are as follows;
1. The office held is a full-time position with eligibility for the same fringe benefits as other full time employees of the employer. This means that the full time position must meet the description as outlined in the Town’s Personnel Policy. These benefits include bereavement leave, health insurance, holiday pay, overtime compensation and paid time off.
2. The office held is the primary occupation of the person holding the office.
3. The base rate of annual compensation for the office held is at least $15,000 and requires at least 1700 hours of employment.
4. The official satisfies the conditions under subparagraphs (1) through (3) by using only one elected or appointed office to qualify.
It was discussed that in 1990, the town voted in favor of having the office of Town Clerk combined with the office of Tax Collector, creating a new office of Town Clerk/Tax Collector to be held by one individual for a fixed term of 3 years and in 2005 the town voted to increase the Town ClerkTax Collector’s salary from $9,000 to $15,000.
Selectman Ulcickas questioned whether Mr. Thayer receives the same benefits as a full-time employee of the town. Currently, Mr. Thayer is paid a salary of $15,000 with additional town and state fees paid to the Town Clerk/Tax Collector. As an elected official, he does not accrue PTO (Paid Time Off), receive holiday pay nor bereavement benefits. At this time, Mr. Thayer does not submit any hours of employment to the town to cover the requirement of 1700 hours of employment as noted in condition #3. Mr. Thayer does receive health and dental insurance as voted at the 2000 Town Meeting.
The Board discussed that Mr. Thayer is not restricted by the town’s personnel policies and procedures which outlines a full-time employee and benefits. Mr. Thayer stated that he went to a meeting at the state where the retirement system was discussed and he decided to check into it. Selectman Ulcickas stated that under the guidelines of the town’s personnel policy, we may need to change how Mr. Thayer is paid in order for him to qualify for the retirement benefit. Although Mr. Thayer believes that he satisfies the eligibility criteria, he is willing to consider being paid an hourly wage.
The Board decided to table this discussion for now for we need more information on the state’s interpretation of the law.
Chairman Nelson motioned to table this discussion until the August 7, 2006 Selectmen’s Meeting in order to have more time to get additional information. Second by Selectman Ulcickas. Vote: Unanimous.
Kim Hughes questioned the Board on exactly what information is the Board looking for to discuss at the August meeting? The Board requested to have what Mr. Thayer is paid yearly, to include his salary and fees. Can we change the way Mr. Thayer is paid and an interpretation of the personnel policy on how it would relate to an elected official vs. an at-will employee.
B. Road Agent Frank Gibbs Re: Peaslee Crossing Rd & Smith Corner Road
Offsite Improvements
Mr. Gibbs discussed his concern over the work being done on the offsite improvements. Mr. Gibbs stated that he plans to meet with Altus Engineering to discuss the line of site issue for he feels that they should have taken more of the hill.
Mr. Gibbs then discussed cleaning up the brush near the road on Heath Street in front of Greenie Park for when you are leaving the park and taking a right, the line of site is not good. The Board requested that Mr. Gibbs to contact the neighbor across the street for this may affect his buffer between him and the park.
Review of Action Items
Adjourn
Chairman Nelson motioned to adjourn at 8:50pm. Second by Selectman Ulcickas. Vote: Unanimous.
Respectfully Submitted,
Mary B. Winglass
Office Manager
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