SELECTMEN’S PUBLIC MEETING
October 27, 2008
Call to Order
Chairman Donovan opened the meeting at 5:23pm. 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 meeting was audio and video taped; the minutes were transcribed and typed by Office Manager Winglass.
Chairman Donovan motioned to go into Nonpublic Session under RSA 91-A:3 II (c) – property taxes and (a) - personnel. Second by Selectman Thayer. Roll Call Vote: Chairman Donovan – yes; Selectman McCarthy – yes, Selectman Thayer – yes. Vote: Unanimous.
Chairman Donovan motioned to close the nonpublic session at 6:35pm. 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.
Introduction of Guests
· Three developers were invited to meet to discuss the completion and proposed acceptance for the following roads;
6:15pm – Integrity Homes of Newton, LLC, Joseph Ferrandi Re: Patriot Drive
Joseph Ferrandi was present and informed the Selectmen that the topcoat is being applied today. Mr. Ferrandi stated that he was unaware that he was required to have the Town Engineer present while paving and was told to take pictures for Town Engineer Mike Vignale. Mr. Ferrandi stated that the road is to be completed in a week.
Road Agent Mike Pivero stated that Mr. Ferrandi started paving the road today and no one knew what was taking place. Pivero found out about the paving while driving by the road this morning and he contacted Town Engineer Mike Vignale and they determined that the road will need to be core tested to make sure the paving was put down correctly. Pivero added that the Road Crew at 12:30pm went over to Patriot Drive for inspectional purposes and their time will be charged to the developer; Pivero stated that if he had been informed of the paving schedule then he would have planned to be onsite.
Chairman Donovan asked Mr. Ferrandi if he has any scheduled plans to meet with the Planning Board regarding the acceptance of Patriot Drive. Mr. Ferrandi stated that after the paving he will contact the Planning Board to finalize the procedure. Chairman Donovan explained the procedure of contacting the Planning Board Administrative Assistant to be placed on the agenda.
6:30pm – Frederick Gundersen Re: Nordic Wood Lane
Mr. Gundersen was present to discuss the status of Nordic Wood Lane and stated that the road is ready to go but he is working on one final issue relating to a retention pond for it was left out of the as-built plan. Mr. Gundersen showed the Selectmen the as-built plan without the retention pond and discussed that his engineer is working on the revised plan. Selectman McCarthy discussed that there is no access or easement for the town to access the pond and asked who is responsible for maintaining the pond? After discussing that the retention pond is there for stormwater runoff and is only a swale with no culvert, Road Agent Pivero stated that he will take a look at it but he thought it would be no big deal. Mr. Gundersen is scheduled to meet with the Planning Board tomorrow night; the Town Engineer is waiting for the
final as-built plan. Chairman Donovan explained the procedure for formally accepting the road starts with the Planning Board recommending to the Selectmen to accept the road as a town road.
6:45pm – David Storey Re: Kenwood Drive and Storey Lane
The Board reviewed a letter from David Storey stating that he is in the process of obtaining final inspection of the roadway from the Town Engineer and waiting for the final review of the deeded right of way dedication from Town Counsel. Mr. Storey expects to have this all taken care of within the following week or so.
Old Business
· Outstanding Action Items
1. Discussion of compensation for the Town Clerk/Tax Collector
Town Clerk/Tax Collector Mary Jo McCullough was present to discuss compensation for her position as Town Clerk/Tax Collector. Last year a warrant article passed, authorizing the Selectmen to negotiate compensation for this position to be voted on at the 2009 Town Meeting. Mary Jo was asked by the Selectmen to work with the Bookkeeper to review the past three years of compensation for this position.
Mary Jo informed the Board that 2006 was the highest year paid out to the previous Town Clerk/Tax Collector at $51,385.84 which is mainly due to the increase to the salary from $9,000 to $15,000 approved by the voters in 2005. Mary Jo stated that when she met with the Board previously she told the Board that the job was for 32 hours per week when in fact it is 35 hours per week.
Mary Jo stated that she is looking for compensation in the amount of $51,870.00 and added that starting in 2009 the town will receive an additional .50 cents per registration which will be approximately $3,000 more in additional revenues. The Board discussed that this salary will be offset by fees collected by the combined position of Town Clerk/Tax Collector. Mary Jo stated that she is not looking for an hourly wage but a salary for the combined position and she asked about benefits. Town Administrator Nancy Wrigley responded that per the Town Policies and Procedures an employee must work 40 hours per week to receive benefits. Mary Jo stated that some weeks it requires 40 hours but on the whole it averages 35 hours per week.
Selectman Thayer discussed that the proposed salary of $51,870.00 is offset by the 2005 approved salary of $15,000 and by the fees collected by the town through the office of Town Clerk/Tax Collector. Town Administrator Nancy Wrigley stated that the warrant article needs to be specific on the number of hours and whether benefits are to be included.
Action Item: Work on the warrant article to spell out the details and if approved then when does it take affect. Mary Jo asked how she is to prepare her budget for next year; does she include in her budget the salary in case the warrant article fails. The Board responded that we need to include in the budget the funding for this position in case the warrant articles fails. Town Administrator Nancy Wrigley will check with the Department of Revenue on how to best to prepare the wording for this warrant article.
2. Policies and Procedures for Building Department
Present were Chief Building Official Ron LeMere and Deputy Sam Zannini.
Ron LeMere handed out a guideline on the issues he plans on addressing tonight. Ron stated that under the direction of the Selectmen, he is developing a procedure to clarify duties as it pertains to each individual job description due to the procedural change within the building department. This change has rendered difficulties within the department and one of the issues is that the Selectmen made this procedural change on October 1st that went into effect on October 6th which changed the way the department operates and as far as he knows, the department has not received any complaints. Ron addressed the fact that this change came about with no warning and affected all involved with the department for it does not allow any inspector to conduct a sub-permit inspection. Ron discussed his gas
inspector and the homeowner’s frustrations when out conducting an inspection and not being able to inspect a simple sonotube being installed for a new deck. Ron stated that his inspectors are more than willing to become certified in these areas but in order to do that they need the Selectmen to allow the inspectors to do their job and keep the contractors in line with the regulations. Therefore Ron asked the Selectmen to hold off on this procedural change so that he can have his inspectors certified to cover classifications under the ICC regulations. The cost to obtain the certifications is approximately $110 to $180 per certification and due to the cost and a default budget; we need to look at funding this procedural change. Ron discussed that the inspectors that work in the town’s building department are all licensed professionals.
The Board reviewed the minutes of the meeting to review their decision on October 1st and Selectman McCarthy stated that she has been approached by two different builders in town asking what happened to the building department and when they explained what they went through to get an inspection, she was not comfortable with the new procedure. Ron stated that we need to fix the procedure put in place on October 1st to include requiring “certification” which will require education for our inspectors. Selectman McCarthy asked about the certification fees and whether all the inspectors will have to take each certification course for residential and commercial. Ron explained that a licensed professional will not have to be certified for the same field and there is no difference between a
residential or commercial licensed professional.
Deputy Sam Zannini discussed that a licensed professional goes through four to five years of education and the final requirement is to pass the test; that is why there is no difference between a residential and commercial license.
Ron then discussed that the building department has no job descriptions, therefore he handles all that comes through his door but we need a more permanent foundation with a written job description. Ron discussed having a permit clerk as part of his department which can be funded through the department fees. Ron informed the Board that when they receive his 2009 budget proposal they will see permit clerk as a new line item, for when he is looking in the future for the department, the importance of maintaining the records properly within the department is crucial. Chairman Donovan stated that any new position within the town must be voted on by warrant article. Ron stated that the Selectmen need to look at the warrant article approved many years ago authorizing the Selectmen to oversee Building Department. Ron
discussed that the building department covers their expenses by the fees they generate and the funds are available in his budget to support this position. Another reason for hiring a permit clerk is that currently we are paying the inspectors $25 per hour to do the clerical work when we could be paying a lot less. Chairman Donovan responded that he would support this position but any new position must be by warrant article. Ron asked then how is it that we can hire as many assistant inspectors as we need to support the department but we cannot hire a permit clerk; Ron stated that he feels this needs some research. Selectman McCarthy agreed with the need to look into this position for the building department and whether we need to put it in as a warrant article for this position falls within the fees collected within the department.
Selectman Thayer stated that the main reason we are meeting tonight is to discuss the limitations placed on the building department for inspection. Ron replied that it has been very frustrating over the past few weeks with the inspections therefore he is looking for the support of the Selectmen on a change to procedural language created on October 1st. Chairman Donovan explained that the reason why the Board was discussing this was due to the fact that we did not have a licensed electrical inspector and the Board was concerned with the liability to the town after speaking with the Town Attorney and Local Government Center. Ron replied that in regards to liability, he has the opportunity to work throughout the State of New Hampshire and within these communities very rarely does he run into a building department
that has as many inspectors as the Town of Newton and with the same qualifications. Ron added that we have to give ourselves some credit by requiring certain qualifications and now we are looking for additional certification from our licensed inspectors.
Chairman Donovan explained that when he spoke with the Town Attorney and the Local Government Center he was told that only the Chief Building Official can do multiple inspections, not the Assistant Building Inspectors. Ron addressed this issue by reading the duties of the Building Inspector under R103 which states how the Building Department is created and that the Chief Building Official is in charge of the Deputies and their duties shall be delegated by the Chief Building Official. Ron stated that in no way, as Chief Building Official, would he put someone in a position that was not qualified to do an inspection. Again, Ron discussed that the ICC certification is important but there is a cost and we need to look at this for next year’s budget and to move in that direction.
Another objective of the department is to set a fixed rate of compensation for each appointed inspector, code enforcement officer and permit clerk based upon the estimated revenues for 2009. Ron added that the Selectmen have been discussing reducing the building department fees and he is not against reducing the fees for we have a change in the economy and earlier this year we increased the fees but we also need to be cautious for we want the fees to cover the expenses of the department. Ron stated that recently he spoke with Kris Emerson, Chief Building Official in Hampstead and for the first time ever their department has to go to the general fund to cover the department needs. Ron talked about before we move to reduce fees, we need to figure out what we want for certification from the inspectors and to make sure the
department fees cover the cost of running the department.
Ron discussed the needs of the department to supply the best service possible through the permitting process but to understand there is way too much paperwork, people want their permits and inspections immediately when the building code allows the department 30 days and cellular phones numbers are given out to residents. Ron stated that recently he went through the fee schedule and felt there were some areas that we need to look at to change but we also need to look at the big picture to find a solution without an overall negative affect on the budget.
Another objective is that Ron would like to request from Avitar Associates an estimate to upgrade the existing Assessing software to include a building permit section for permitting information. This upgrade would alleviate the duplication of paperwork outside of the building department and gives updates pertaining to property improvements and would allow the department to track the construction process for permits issued for compliance or completion. Ron will find out the cost for this upgrade for he may have the funding in his budget this year to cover the cost. Ron added that we have already invested in the cost of a new computer this year.
Selectman McCarthy motioned to rescind the motion of October 1, 2008 dealing with the restructure of the building department regarding policies and procedures. Second to rescind by Selectman Thayer. Discussion: Chairman Donovan stated that personally he does not want to take the liability of an electrician to certify or check a frame or gas inspection and feels that certification must happen before anyone is inspecting in the field. Chief Building Official Ron LeMere responded that the question of liability is found to be biased as it is a point of view and not in fact law. Ron addressed the Board that when the Selectmen made this motion to restructure the building department, no one asked for his input on this information and stated that he is here to act on the best interest of this community. Ron
agreed with Chairman Donovan that we need to move forward in the direction that he is taking the department but we need to look into the certification requirements including the code enforcement officer. Deputy Assistant Sam Zannini stated that throughout the state, assistants step in and cover when necessary, it is done all the time. Vote: Selectman McCarthy and Selectman Thayer – yes; Chairman Donovan opposed. Motion carries.
Selectman McCarthy motioned to restructure the building department regarding policies and procedures to include four specialists, electrician, plumber, certified building inspector and a mechanical person that will be responsible for doing their individual licensed field inspections. The Board understands that there needs to be time given to the department for certification in various specialized fields, in the interim, the Chief Building Official will delegate the appropriate inspector for inspections. The Board will request certifications to be completed by June 1, 2009. Second by Selectman Thayer. Discussion: Chairman Donovan stated that basically the only change is that we are giving them until June 1st to get the certifications. Selectman McCarthy stated that it also
gives the Chief Building Official the right to delegate, which leaves the liability in the building department. Chairman Donovan stated that he still does not feel comfortable with a licensed electrician conducting a gas inspection. Ron responded that it comes back to liability within his department and he will make sure we have the right people in place to do the job. Vote: Unanimous.
Ron spoke on the issues discussed tonight and would like to explore a permit clerk. The Board discussed holding a budget/work session with the building department for one hour and half; Ron will contact the office when he has prepared the paperwork for this discussion. Selectman McCarthy stated that we need to look at the certification for Code Enforcement Officer and we need to come up with a plan for the department. Ron will check back with the Selectmen on the Building Permit Software.
3. 2008 – 2009 Snowplowing rates
The Board reviewed the 2008 – 2009 Snowplowing rates proposed by Road Agent Mike Pivero. Pivero added that the fuel decreased but recommended that we stay where we are for now for who knows where the rates will go over the next couple of months.
Chairman Donovan stated that he has a question about the cutting edge and Pivero responded that those that are returning from last year will be supplied with a cutting edge if needed, two were in need at the end of last season therefore he will supply them with a new edge this fall; one contractor received a cutting edge at the end of last year’s snowplowing season.
Chairman Donovan motioned to accept the 2008 – 2009 Plowing Season Policy as written. Second by Selectman McCarthy. Vote: Unanimous.
4. Transfer Station improvements
Transfer Station Manager Andrew Morse was present.
The Board review the recommendations from the site walk at the Transfer Station conducted by David Krisch from the Town of Swanzey, Roger Rice from the Town of Lee and Adam Clark from NRRA.
Transfer Station Manager Andrew Morse stated that he is holding off marking the lanes for cars entering the facility, one for stopping at the attendant’s booth and the other for the residents who do not need to stop, until the entrance and exits are finalized. Andrew added that if we change the facilities entrance and exit then we would need to swap things around and at this point we are waiting for Dennis Quintal, Civil Engineering to complete the site plan before any final decision is made.
Andrew Morse informed the Board that he has created parking spaces along the backside of the retaining wall to discourage parallel parking at the compactor units.
Another recommendation is to consider moving the bulky container to the left of the compactor unit over to where the C&D Container is and replacing that with a backup MSW open-top container for use if needed when compactors are being stressed. Mr. Morse was not convinced that we needed to make this change due to the additional hours open to the public on Sunday’s and it is too expensive to have a container sit on site other than the obvious need during Christmas week and special occasions.
The last recommendation is to move the swap shop area to the left side of the exit gate in order to free up any congestion that may be occurring there. Andrew stated that no matter where you put it will cause some congestion. Chairman Donovan asked Andrew that based upon his recollection the swap area is for Newton residents only but when helping out at the Transfer Station he was told that Kingston, East Kingston and South Hampton have been allowed to pick up and drop off at the swap area. Chairman Donovan stated that he witnessed nonresidents coming by two to three times during his time at the Transfer Station to check the swap area. Andrew stated that the policy does not say that nonresidents cannot use the swap area; they are charged the bulk item rate when entering the Transfer Station and can then put the
item(s) in the swap area or in the container. Town Administrator checked the “Standard Operating Procedures” where it states that the swap area is for “Newton residents to utilize”. Andrew replied that he has no problem changing the policy but how is he to police it. The Board determined that the swap area is for Newton residents only and for Andy to do the best that he can to police the area.
August Free Amnesty Weekend. Andrew prepared a spreadsheet outlining the amount of tonnage removed from the Transfer Station and the cost associated resulted in a loss of ($11,419.96) but if you offset the scrap metal the town was paid for at $6,197.41, the bottom line loss totaled ($5,222.55). The Board discussed that it was a great program that took approximately 1500 tires out of the woods. Selectman McCarthy discussed that while she was working on the “free” weekend, she saw so many good items being thrown away and would like to look at possibly being able to pass some of these items on to those in need. Next year we can look at working with the Welfare Agent to work out some arrangement.
Andrew Morse stated that he prepared another spreadsheet to compare vendor pricing and decided to hold off with changing anything for now due to the economy being so rocky.
Scrap Metal Alert
Andy informed the Board that the town received a scrap metal alert due to current economic conditions and the weak dollar, pricing for many recycled commodities such as fibers (OCC & Mixed Paper, Aluminum Cans, Steel Cans, etc. are dropping. In particular, scrap metal prices are rapidly spiraling downward. NRRA is working very hard on behalf of its members to insure the best possible revenues, and least possible costs, associated with delivered, containerized and bulk pickup of scrap metal. Andy stated that the current price for scrap metal, paid by the town, to remove is $40 per ton. Town Administrator Nancy Wrigley asked if we should start charging for scrap metal. Andy responded that he just had a pickup of scrap metal after the amnesty weekend so the pile is low now and he planned on holding off for a while
with the hope that the price increases. The Board discussed how this could affect the budget and Andy responded not really for most hauls are only 6 to 12 ton when it is picked up every three to four months. The Board discussed preparing a warrant article to help offset the hauling to cover increases within the budget.
· Andy announced that on Tuesday, November 11, 2008 Veteran’s Day the Transfer Station will be closed.
· The Board discussed arranging the hall for the elections on Tuesday, November 4th with Andy for he has worked to set up the booths for several years.
· Selectmen’s meeting on Monday, November 4th will be held downstairs due to the set up of the booths for Election Day.
1. IT Consultant
The Board reviewed a spreadsheet prepared by Selectman McCarthy showing an analysis of the competition that our surrounding towns are paying for their IT Consultant. The Board discussed that the Town of Newton is paying substantially less than our surrounding towns for our IT Services and we are happy with the service provided by IT Consultant Sylvania Maddock.
Chairman Donovan motioned to continue using Sylvania Maddock, IT Consultant for she is the cheapest by $30 an hour with no retainer or monthly charge and she does a great job with our computers. Second by Selectman Thayer. Vote: Unanimous.
New Business
A. Review of the September 30, 2008 year-to-date expenditures
The Board reviewed the year-to-date September 30, 2008 expenditures and determined that everything looks good.
B. Information from the State of NH Department of Environmental Services Re: State regulations regarding engine idling time
The Board reviewed information from the State of NH Dept of Environmental Services requiring per NH RSA 125-C;, Env-A 1100 limiting idling time based upon the temperature. If the temperature is above 32ºF the idling time is 5 minutes; -10º to 32ºF is 15 minutes; below -10ºF there is no limit. The Board asked for this information to be linked from the town’s website.
Action Item : Link from the town’s website.
C. Recreation Commission Re: Donation for the Newton Fall Festival
The Board discussed the need to hold a public hearing to accept a $100 gift from the Merrimack Savings Bank to the Recreation Commission. We need to check with the other departments to find out if there are any other funds that need to be accepted and hold the public hearing later this month.
D. Letter from the State of NH Re: Sargent Woods request for withdrawal volume limit
The Board reviewed a letter from DES outlining the current regulation for water withdrawal from NHDES for the Sargent Wood community water system. DES has established a 24,000 gallon per day withdrawal limit from the Sargent Woods community water system and the letter explained the regulation and clarified the exiting volume authorized by the permit from DES.
E. Letter from the State of NH Department of Safety Re: HMEP grants to support first responder training in the area of hazardous materials.
The Board reviewed paperwork from Larry Foote, Emergency Management Director asking the Board to sign paperwork for a grant from the NH State Emergency Response Commission 2009 Hazardous Materials Emergency Planning. The grant is asking for $75,000 to update our emergency plan as the last update was in 1993, to conduct exercises for HAZMAT and to upgrade equipment. The grant requires that the town comply with the 20% match. The Board questioned whether the 20% match of $15,000 has been considered by Mr. Foote and the letter states that the grant application must be postmarked no later than October 17, 2008. The Board received the paperwork from Mr. Foote on October 20, 2008.
Action Item: Speak to Mr. Foote on where we are going to come up with the 20% match and discuss the deadline requirement.
F. Letter from the State of NH Department of Safety Re: HB 0315 will allow municipalities’ noncriminal justice access to the FBI’s criminal history information database.
The Board reviewed a notice from the State of NH Department of Safety that a new House Bill 0315 enacted allows municipalities noncriminal justice access to the FBI’s criminal history information database. The FBI criminal history information database is fingerprint-image supported, thus requiring the applicant to submit a ten print (fingerprint) card on the individual of whom the criminal history record is being requested. The Board agreed to put a policy in place and to work on a start date of January 1, 2009.
Action Item: Check with the Police Chief for help with preparing a policy.
G. Review road bonding for construction and excavation permits
Road Agent Mike Pivero discussed the recent incident that happened this week on Whittier Street whereas the Police Department and Road Agent received a call about someone clearing land and what they found was that he was working within his rights for he filed an “Intent to Cut” signed by the Selectmen. Pivero added that part of the issue was how he was exiting the lot over the shoulder with heavy trucks and equipment. Pivero stated that we need to implement a policy for any work of substantial nature to require some type of bonding to protect the road.
Chairman Donovan stated that we have talked about this before for while he was working in Reading, MA on a large addition on a house, the town required a bond. A discussion ensued regarding the criteria for requiring some type of bond for excavation, tree cutting and large construction jobs and the need to do it before, not after the job is completed. Construction jobs are more difficult to regulate for lumber may be picked up by the homeowner and others are being delivered by a large company vehicle. Chairman Donovan stated that the homeowner pulls the permit and a company is hired to cut the trees. Town Administrator Nancy Wrigley stated that in the past the Board of Selectmen felt that if you live in town, we know where, but if they do not and they damage the road then it’s hard to find them. Chairman Donovan added that another comment made from the homeowner was why would he have to pay to repair the road when the road was put down wrong in the first place and the finger
pointing can go on and on.
Town Administrator Nancy Wrigley stated that she would be willing to contact surrounding towns and the State of NH to find out how they are handling these types of concerns with road damage from excavation, tree cutting and construction projects.
Announcements
· Help Wanted: Part-time Attendant at the Transfer Station. Interested applicants should send in a letter of interest by Thursday, October 30, 2008 by 8pm. Average of 26 hours per week.
· Invitation to bid – 2008 Town Report. Chairman Donovan announced that the town is going out to bid for the printing of the 2008 Town Report. The specifications are on the town’s official website at www.newton-nh.gov or contact the Selectmen’s Office.
Chairman Donovan motioned to appoint five Inspectors of Elections as follows; Mary Marshall, Leetrice Gordon, Kimberly Gordon, Debra Clott and Cheryl Saunders with the expiration date to be determined after researching the records. Second by Selectman McCarthy. Vote: Unanimous.
Chairman Donovan announced that the 2008 Tax Rate has been set for the Town of Newton which is $18.98 per thousand of assessed value. The increase is from the school alone, the town portion did not increase at all but the school portion increased .70 cents.
VI. Accept Minutes of Selectmen Meetings
· Selectmen’s Public Meeting minutes of October 1, 2008, October 6, 2008, October 14, 2008
Chairman Donovan motioned to accept the October 1, 2008 Selectmen’s Public Meeting minutes as written. Second by Selectman Thayer. Vote: Unanimous.
Chairman Donovan motioned to accept the October 6, 2008 Selectmen’s Public Meeting minutes as written. Second by Selectman Thayer. Vote: Unanimous.
Chairman Donovan motioned to accept the October 14, 2008 Selectmen’s Public Meeting minutes as written. Second by Selectman Thayer. Vote: Unanimous.
· Selectmen’s Nonpublic Meeting minutes of September 17, 2008, October 6, 2008 and October 14, 2008
Chairman Donovan motioned to accept the September 17, 2008 Selectmen’s Nonpublic Meeting minutes as written. Second by Thayer. Vote: Unanimous.
VII. Reports from Department Heads
VIII. Review of Action Items
IX. Adjourn
The Board requested that we remove action items off the agenda.
Chairman Donovan motioned to adjourn at 9:55pm. Second by Selectman McCarthy. Vote: Unanimous.
Respectfully Submitted,
Mary B. Winglass, Office Manager
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