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August 11, 2008 Board of Selectmen Minutes
SELECTMEN’S PUBLIC MEETING

August 11, 2008


Chairman Donovan opened the meeting at 6:18pm.  In attendance were Chairman Robert S. Donovan, Jr., Selectman Trisha J. McCarthy, Selectman Raymond D. Thayer, Town Administrator Nancy J. Wrigley and Office Manager Mary B. Winglass.  The public meeting was video taped and part of the nonpublic meeting was audio taped.

1.      Review Sand/Salt Storage Building Proposals

The Board reviewed a summary of the bidders for the sand & salt shed from Dennis Quintal, P.E. of Civil Construction Management, Inc.  The report summarizes the bids starting with the lowest bid which is for excavation of the project only from Apex which should not be considered for this is not a valid proposal.

Dennis Quintal went on to discuss the five other bids received for the construction of the sand & salt shed and the options for the Board to consider such as a wood frame structure versus a fabric cover.  Dennis discussed that the arch type enclosure is used by a lot of municipalities, is quicker to install, prefabrication, steel and easy to patch.  Dennis discussed that the Hercules Engineered Arch has a 25 year design life.  Plus the option of having a fabric cover allows you to move or extend it.  

There were 3 bids for Metal Truss Arch with Poly Fabric Cover and 2 bids for a Wood Structure.

Dennis discussed that the Arch/Fabric type enclosure is used by many municipalities as a permanent cover for sand/salt storage.  There is minimal maintenance and can be constructed much quicker than a wood frame and noted that the Board would need to make sure there is an end curtain wall with a wind vent.  Dennis found that the cover can easily be patched if damaged and if needed to be replaced the cost of the cover is about $6,000 at today’s market.  For long term planning, if Newton decides to use the foundation for another structure, the Arch enclosure can easily be dismantled and moved to another foundation.

Dennis recommends that the Board select (ESI) Eastern Seaboard Inc. because of the cost and the stamped engineered plan.  The enclosure has a 25 year design life and 15 year warrantee.  The contractor is located in Town, is well known for this type of work, the contractor understands the importance of time to complete the construction and is also a taxpayer of the Town.  Dennis added that the lowest fabric enclosure is a bid from Britton’s Landscaping & Excavation which is approximately $2,175.00 lower that the bid from ESI but Britton’s proposal does not include engineered stamped plans.  

Chairman Donovan questioned the difference with wood versus metal for sand/salt rots wood.  Dennis explained that the design for this structure will not put the sand or salt up against the steel or wood at all although salt dust will get in and around the structure.  It was discussed that wood can be chipped at with the equipment and could last along time but it will also require periodic maintenance such as painting.

Selectman McCarthy asked if a wood structure would require a different and/or more stringent permit as it is a permanent structure.  Dennis responded that both types of structures will require permits that fall under the building code requirements.  Selectman McCarthy questioned whether a “normal” building inspector will have the expertise to make sure the structure is constructed correctly.  Dennis responded that it is important to keep the structure tight for if it sags then it will hold the weight and can result in failure.  Dennis added that he checked on line and found out a lot of information about the product as I am sure the Building Inspector will do as well.  Also you can rely on the company and/or the company representatives and require that the installation is certified in order to comply with the warranty.  The Board can always hold the last payment until a representative can certify that it is installed per the manufacturer’s code.  Dennis added that these are the things to check out with the vendor before the project begins and can also help make the decision on which vendor to choose from.    

Selectman McCarthy discussed her concern with the cost of the building for when she spoke with the State about this project, the cost was projected at approximately $80,000.  

Action Items

1.      The Board decided to find out what the warranty is on the Rubb Gambrel Enclosure from Britton’s Landscaping, LLC.

2.      The Board decided to ask ESI if he can match the price from Britton’s Landscaping, LLC.

3.      Selectman McCarthy will check with the State of NH Department of Revenue to confirm the funds available for this project.

Chairman Donovan motioned to go into Nonpublic session under RSA 91-A:3 II (a),(b)&(c) – Building Department;  (a) – Multiple employee evaluations; (c) – Review of past nonpublic meeting minutes.  Second by Selectman McCarthy.  Roll Call Vote: Chairman Donovan – yes, Selectman McCarthy – yes, Selectman Thayer.  Vote: Unanimous.

Chairman Donovan motioned to close the nonpublic meeting at 8:57pm.  Second by Selectman McCarthy.  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 following;

·       The Board unanimously voted to appoint Daniel Reilly as Assistant Building Office.
·       The Board agreed to send a certified letter to the Code Enforcement Officer asking him to attend the August 18, 2008 nonpublic meeting.
·       Selectman Thayer motioned to pay Chief Building Official Ron LeMere a total of 44.5 hours for the work he has done to help the Code Enforcement Officer from April 4th to June 23rd in full.  Selectman Thayer amended his motion to include that the funds are to be paid out of the Department of Building Safety under the line item Code Enforcement.  Selectman McCarthy seconded the amendment.   Vote: Selectman Thayer and Selectman McCarthy – yes; Chairman  Donovan – opposed.  Motion passed.
·       Selectman Thayer motioned to pay Assistant Building Inspector Sam Zannini a total of 13.5 hours for the work he has done to help the Code Enforcement Officer from April 4, 2008 to June 30, 2008 to be paid from the Department of Building Safety, Code Enforcement line item.  Second by Selectman McCarthy.  Vote: Selectman Thayer and Selectman McCarthy – yes; Chairman  Donovan – opposed.  Motion passed.
·       The Board unanimously voted to give authority to Chief Building Official Ron LeMere to speak on issues of Code Enforcement and Building Department with the State Fire Marshal’s Office on Wednesday.
·       The Board unanimously voted to move Planning Board Administrative Assistant Part Time from Grade VIII to Grade X.  
·       The Board unanimously voted to give Planning Board Administrative Assistant Lisa Babcock a merit increase from Grade VIII, step 9 to Grade X, step 7, $13.56 per hour effective date March 23, 2008.
·       The Board unanimously voted to amend the June 23, 2008 nonpublic meeting minutes to include “Selectman McCarthy felt that the building department should be compensated for code enforcement and no one should be working for the town and not getting paid and she is concerned that it is a labor department issue.”  
·       The Board unanimously voted to accept the nonpublic meeting minutes of June 23, 2008 with the amendment .  Second by Selectman McCarthy.  Vote: Unanimous.
·       The Board unanimously  voted to make public the nonpublic meeting minutes of June 23, 2008 dealing with the Building Department, only.

June 23, 2008 Nonpublic meeting minutes– Building Department

Present were Chief Building Official Ron LeMere and Building Assistant Sam Zannini.

Mr. LeMere stated that at the last nonpublic meeting with the Board he asked for guidance and support handling Code Enforcement and asked if the Board thought over the issues facing the department and how to move forward.    

Chairman Donovan responded that Ron’s request for a Secretary is not allowed for the voters did not approve it at the 2008 Town Meeting.  Selectman McCarthy added that she is aware that Code Enforcement Officer Bob Donovan, Sr. uses a date book that he makes notes in and due to her past experience as a Police Officer, she stated that the book could be used in a court of law.  If we are able to photo copy the book then it will show the dates of contact with each individual.  Ron responded that it would help but with any investigation or complaint, the department has a checklist which requires documentation.  Ron added that we need a copy of the inspection report, photos and all correspondence should be in writing.  A discussion ensued as to what department heads would go to court for Code Enforcement.  Ron responded that a Building Official, Code Enforcement and a Selectman would attend court for code enforcement.

Ron added that he was receiving documentation at first but then it seemed to overload the Code Enforcement Officer.  Ron stated that it is imperative that the town receive dated documentation and to complete the files to protect the town.  The Board discussed the option of having the Code Enforcement Officer come to Town Hall some night and Selectman McCarthy and Selectman Thayer offered to help type the documents for the Code Enforcement Officer.  

Ron discussed that the Building Department has been handling all new code enforcement issues until the older cases have the completed documentation for he does not want to overwhelm the Code Enforcement Officer.  Ron stated that Sam Zannini, Assistant Building Official has been putting in time on Code Enforcement and asked the Board to approve compensation to Sam for his time spent on enforcement issues.  Chairman Donovan responded that if you look at the warrant article approving the Code Enforcement Officer it only appropriates funds for the officer, not the Building Department.  The Board discussed that funds for the Code Enforcement Officer are in the Building Department’s budget, not under a separate warrant article.  Ron addressed the issue that fines are associated with code enforcement and the department could be self supporting by the offset of revenue from fines; what we need to do is take the rest of the year and clean up the files and then move forward with a better system.

The Board discussed holding a work meeting to review job descriptions so that it is clear what needs to be done and by whom.  Selectman McCarthy added that the Code Enforcement Officer is obligated to at least write down the facts and put it in a letter format to Ron for we have an obligation to the town to make sure we move forward and complete each enforcement issue and to complete the files.   Ron added that certain items need to be addressed in a timely manner.  Ron again asked for support from the Selectmen on the best way to handle this in order to complete the files.  In the interim, Ron asked for compensation when handling code enforcement issues by the Building Department.

Selectman McCarthy asked if we bring Code Enforcement Officer Robert Donovan, Sr. in to work on the code enforcement documentation, does he have access to the files.  Ron responded “yes” Bob knows the file cabinet used for Code Enforcement.  Ron added that while working on code enforcement, everyone who works on the information needs to know that this is not public knowledge.  While an investigation is ongoing and until completed, it is only public once completed.

Again, Ron asked in order to keep the department working smoothly and working as a team, any work being done for Code Enforcement by the Building Department should be compensated for their time.  Ron asked the Board not to ask his employee to do this work without compensation. Selectman McCarthy felt that the building department should be compensated for code enforcement and no one should be working for the town and not getting paid and she is concerned that it is a labor department issue.  

The Board discussed holding a work meeting; Selectman Thayer is to contact Code Enforcement Officer Robert Donovan, Sr. to find out his availability to meet with the Board & Chief Building Official Ron LeMere.

                                                        Respectfully Submitted,


                                                        Mary B. Winglass, Office Manager