SELECTMEN’S MEETING MINUTES
June 2, 2008
Call to Order
Chairman Donovan called the meeting to order at 7:12pm. 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 and the minutes were transcribed and typed by Office Manager Winglass.
The Board of Selectmen did not hold a nonpublic session due to a last minute scheduling conflict.
Introduction of Guests
Old Business
· Outstanding Action Items
1. Updated Personnel Policies and Procedures
Military Leave Policy
The Board discussed that they had a chance to review the Military Leave Policy as prepared by Town Administrator Nancy Wrigley. The Board reviewed a question on how to handle PTO (Personal Time Off) while on Military Leave; either to not accrue or to allow PTO to accrue during the reserve service period and whether employee contributions toward benefits shall not be required during active military duty.
The Board agreed to allow PTO to continue to accrue during the reserve service period and employee contributions towards benefits shall not be required during active military duty.
Chairman Donovan motioned to accept the Military Leave Policy with amendments. Second by Selectman Thayer. Vote: Unanimous.
Jury Duty Leave Policy
The Board reviewed the Jury Duty Leave Policy as prepared by Town Administrator Nancy Wrigley.
Chairman Donovan motioned to accept the Jury Duty Leave Policy as written. Second by Selectman McCarthy. Vote: Unanimous.
Personnel Policies and Procedures
Chairman Donovan motioned to accept the Town of Newton Personnel Policies and Procedures as written. Second by Selectman McCarthy
Town Administrator Nancy Wrigley stated that the Personnel Policies and Procedures have already been voted on as it is made up of individual policies approved by prior Board of Selectmen.
Chairman Donovan rescinded his motion to accept the Town of Newton Personnel Policies and Procedures. Selectman McCarthy rescinded her second.
2. Employee Performance Evaluation Form
The Board discussed the four evaluation forms presented to them from Town Administrator Nancy Wrigley for consideration as the current evaluation form is redundant.
Chairman Donovan stated that he likes the evaluation form from the Local Government Center (LGC). Selectman McCarthy stated that she started out liking one of the other evaluation forms but after reviewing them again found that the sample evaluation form from the LGC is user friendly and seems to cover all positions within town.
Chairman Donovan motioned to accept the Local Government Center performance evaluation form. Second by Selectman Thayer. Vote: Unanimous.
The Board discussed that the Police Department and Fire Department are not mandated to use this evaluation form for it is mainly for the use of the other town departments.
5. Parking at Municipal buildings/Snow Parking Ban
The Board stated they reviewed the Municipal buildings/Snow Parking Ban and are ready to move forward with accepting this policy. It was discussed that a Public Hearing will need to be held and decided to have the staff look at the Selectmen’s schedule and prepare a public hearing in the month of July.
8. Highway Department Issues
a. Sand/Salt Storage
Road Agent Mike Pivero was present and discussed with the Board that at this point we are clear and confident that we have the funds for this repair but we now need to consider how we want to design and engineer the project and what rules apply to this project, even knowing that it is an emergency.
Pivero showed the Selectmen the preliminary sketch prepared by Dennis Quintal showing the building setbacks and the proposed area for the sand/salt shed. Pivero stated that at this point he feels that a site walk is necessary for he needs to physically show the Selectmen his recommendations for the placement of the shed. Pivero added that the engineering and drawing for this project will need to go in front of the Planning Board and the entrance way will come later. In order to move forward with the setbacks of the building in order to go in front of the Planning Board it is necessary to conduct a site walk to clear up the direction for the placement of the shed. The Board agreed to conduct a site walk on Thursday, June 5, 2008 at the Transfer Station starting at 6:30pm.
Pivero suggested that the Board move forward with Dennis Quintal, Civil Engineering to proceed with the engineering, once the placement of the building is approved by the Board, and then have Dennis move forward with the Planning Board.
Chairman Donovan motioned to have Dennis Quintal of Civil Engineering to continue with the engineering of the building setbacks for the sand/salt shed at the Transfer Station. Second by Selectman McCarthy. Vote: Unanimous.
Pivero then discussed with the Board the bid proposals for this project. Pivero discussed preparing a RFP (Request for Proposal) with the design criteria and list of specifications. Selectman McCarthy added that sometimes it is better to keep open the design of the building to help foster creativity. A discussion ensued regarding offering the design criteria to include the size of the building, height, foundation, total square footage to hold so much tons of material and all other criteria and let them come back with different design proposals. Pivero added that he prefers to keep the design of the building open for he does not want someone to come back to say that he recommended the design and if he bids on the project, then it would be a conflict of interest. Pivero discussed that he has done a lot of work on
the salt docks for the State and they put all their work out in a RFP. The Board agreed to prepare a minimum specification for the building, to put it out in a RFP in order to require the bids to fall under the town specifications, and to receive a better variety of proposals. Selectman McCarthy questioned by placing a minimum on the building specifications could this lead to a larger building than what the Board is looking for; should we put a maximum size for the building? Pivero responded that language could be written in to handle the specification range.
Chairman Donovan motioned to go out to bid for a Request for Proposal (RFP) for the Sand & Salt shed with the minimum specifications to be determined after the scheduled site walk on Thursday, June 5th. Second by Selectman McCarthy. Vote: Unanimous.
Pivero asked once the specifications are complete, who will take this project through the bid process. It was discussed that the office staff will prepare the RFP to be advertised in the newspaper, on the town website and often times will open the yellow pages and contact contractors who may be interested with this project. Pivero responded that he will forward for consideration an advertising option widely used for construction for the RFP.
b. Pond Street culvert repairs
Road Agent Mike Pivero discussed a different set of circumstances faced for the design and engineering of the Pond Street culvert repairs. Pivero asked the Board if they want this repair to go out to bid. Chairman Donovan responded that he thought at the last meeting it was determined that if it is an emergency repair then we need to move forward with the repair. Pivero stated that he wanted to clarify the Boards direction for he does not want anyone second guessing the work. Pivero added that he is aware that Kingston is anxious to get the work done but wanted to make sure the Board was clear that this repair will be more than the $3,000 required to go out to bid. Chairman Donovan and Selectman McCarthy responded that this is a safety issue that needs to be addressed due to emergency vehicles gaining access
over this area. Pivero responded that fire trucks can gain access over the culvert as it stands now. Chairman Donovan expressed his concern with the jersey barriers on the caved in sides of the culvert. Selectman McCarthy responded that it will only take one person to not receive services for this to be a problem.
Chairman Donovan motioned to allow Mike Pivero, Newton Road Agent to do what he needs to do to get this culvert repaired to get this taken care of once and for all. Second by Selectman Thayer. Vote: Unanimous.
Pivero discussed a couple different ways to repair the culvert; the criteria include the inlet under the Railroad tracks which establishes the outlet for volume and size. Pivero discussed a few different calculations including the current culvert volume and size. Part of the problem is the house in the area and the need for more freeboard in the culvert area and the need to raise the culvert and the road more than 3” higher as it stands today. Selectman McCarthy discussed moving the culvert because of the housing issues; she feels the State Department of Environmental Services would not disapprove, in fact she has spoken to them about this area in the past for it is a safety issue that needs to be addressed. Mike responded that was his other option as it would be easier to move the culvert to get it farther away
from the house and for grading purposes. Selectman McCarthy added that Conservation Commission will need to be involved when moving the culvert but she felt that the change would be well worth doing. Pivero added another thing worthwhile to put in for load purposes is a bypass pipe; the only reason why they are put in is due to beaver activity. Selectman McCarthy added that Conservation is working on beaver deceivers which will help with this area as well. Pivero added that the culvert would need to be 7” wide to do it right. Selectman McCarthy will contact DES to get the green light to move the culvert.
c. Smith Corner Road/Peaslee Crossing Road Offsite Improvements
Chairman Donovan stated that he saw a car almost crash the other day; this is a safety issue that needs to be dealt with. Pivero asked how much funds are available for this project. Office Manager Winglass responded that the Board sent out a letter to Todd and Linda Fitzgerald regarding their account balance for the offsite improvements and the response was that Todd Fitzgerald told Town Administrator Wrigley that he was told by the Planning Board and by Attorney Somers that he would not have to pay any additional funding for the additional units approved by the Planning Board. The Board discussed that we need to find out what agreement was made by the Planning Board and to check with Todd Fitzgerald to find out if he has any documentation in writing.
Selectman Thayer reviewed a letter dated June 15, 2006 from Altus Engineering to the Newton Planning Board that was copied to the three developers and Attorney Sharon Somers which outlines the amended fair share allocation for the Smith Corner Road and Peaslee Crossing Road intersection improvements as a result of the revision made by Dennis Fitzgerald from 44 to 48 Senior Housing Units. The Board discussed that Altus Engineering worked on behalf of the Planning Board on this project, therefore we need something in writing saying that the Planning Board would not amend the fair share allocation based upon the approval of the additional units.
Road Agent Mike Pivero asked how can we finish this project while the accounting is figured out. It was discussed that we have approximately $11,000 as a minimum to fund the completion of the project. The funding is held individually by the three developers and Pivero asked how do we collect the funds for this project. Office Manager Winglass added that the past procedure used for collecting the funding to pay for the work on this project was to receive approval, once the work had been completed, from the engineer overseeing the project, Altus Engineering. Pivero stated that at this point what is remaining is a punch list that needs to be completed.
Selectman McCarthy discussed using KV Partners to oversee the remaining work on this project. Pivero responded that he feels that in this case we need to finish the “punch list” and it would cost twice as much to involve an engineer. Town Administrator Nancy Wrigley added that she feels that the town should send a letter to the three developers involved with this project to let them know that the Town is planning to complete the project and will be using the remaining funds. Chairman Donovan asked if the remaining funds will complete the punch list. Pivero responded that he will go by the original approved plan to complete items that need to be done for safety issues. Pivero stated that the “punch list” will include labor costs (Road Crew), rental equipment and materials.
A discussion ensued regarding completing the project, having the Bookkeeper keep track separately of the costs associated with this project and then we will invoice the developers for their fair share allocation for the completed work. Town Administrator Wrigley asked what happens if the developers decide not to reimburse the town for the cost of the improvements. The Board discussed that we have an agreement signed by each developer for this project; Pivero added that this work needs to be completed and it would be foolish of them not to work with the Town to complete the improvements to the intersection per the written agreement. The Board discussed that this letter is to put the developers on notice that the work will commence.
Chairman Donovan motioned to have the Road Agent finish the end of Smith Corner Road and Peaslee Crossing Road offsite improvements, to take away the road hazards and to complete the road per plan. Second by Selectman Thayer. Vote: Unanimous.
d. Policy and Procedures for accepting Town Roads
Road Agent Mike Pivero discussed the continuous problem that the Town has been facing in regards to road development completed in partial phases which ends in suspended animation. Pivero discussed Twombly Drive in that the Planning Board has given the Selectmen the jurisdiction to complete the road. Pivero discussed the way things should work is that the Planning Board approves the plan; the engineer then is responsible to oversee the roads. Pivero added that he strongly recommends that the engineer that started that project which is RCCD (Rockingham County Conservation District) should finish the project right where they left off. Pivero stated that part of the problem is the economy has slowed but it is important that the town engineer have the developers finish the road and sign off on the work to make sure the job
is completed per plan. Pivero stated that the Board needs to get the lingering road projects off the list by having them completed and accepted by the Town so then they can be maintained by the Road Agent.
Chairman Donovan motioned to allow the Road Agent to work with RCCD to finish off Twombly Drive for it has been long enough and to work with them on any other project that they started to include Patriot Drive. Second by Selectman Thayer. Discussion: Selectman McCarthy questioned whether we should limit it to only RCCD for Twombly Drive and Patriot Drive? Pivero responded that he hopes to work on these on a case by case basis for now, for there should be some procedure in place stipulating that the job is to be completed and does not allow the option of sending someone packing whether it is a developer or the Planning Board. Pivero discussed the option of coming up with a plan to accept town roads. The Board agreed to hold a work meeting with the Planning Board, Town Engineer and Road Agent to discuss
policy and procedure for accepting town roads. Vote: Unanimous.
The Board decided to send a letter to the developers of Twombly Drive and Patriot Drive and copy to the Planning Board to let them know that we are moving forward with the completion of the road with the engineer who started on the project. Town Administrator Nancy Wrigley stated that she was under the impression that RCCD was the first engineer working on Patriot Drive which then changed to Altus Engineering. Selectman McCarthy added that she saw a letter from KV Engineering with a punch list of items on Patriot Drive dated November 2007.
Chairman Donovan motioned to strike Patriot Drive off his previous motion for RCCD is not the engineer of record for Patriot Drive; RCCD is to work on Twombly Drive. Second by Selectman McCarthy. Vote: Unanimous.
10. Transfer Station Re: Concrete pad repairs
Mr. Tom Lekborg, owner of Executive Form Inc. was present and discussed that his business is based in Peabody, MA. Mr. Lekborg stated that the reason why he is present at the meeting is because Andrew told him that there was some issue with his mailing address. Chairman Donovan responded that he was checking to make sure the Board was hiring above board and that he drove by the property and he did not see any equipment stored onsite. Mr. Lekborg responded that he has a farm tractor and a few pickups at his residential property but he is not running the company from his property in Newton.
Chairman Donovan motioned, per the recommendation of the Building Department, to award the bid to Executive Forms, Inc. to fix the concrete pad at the Transfer Station for the sum of $4,990.00. Second by Selectman Thayer. Transfer Station Andrew Morse questioned where the payment for this repair is to be paid from, either from the Transfer Station budget or the $20,000 approved by warrant for site improvements at the Transfer Station. TA, Wrigley stated that the warrant article funds were to change the layout at the Transfer Station, not to fix the concrete pad. The Board agreed that the repair is to be paid from the Transfer Station budget. Vote: Unanimous.
11. Sign Regulations
The Board briefly discussed the Hampstead ordinance for Temporary Sign Regulations. Road Agent Mike Pivero added that he is still having the Road Crew take signs off of telephone poles. Chairman Donovan discussed taking signs down from town property but it was discussed that we do not have an ordinance to regulate town property. The Board requested that we look at other towns to get some more information on how other towns regulate signs.
New Business
A. Hampstead Area Water Company
Response to Motion to Intervene by the Town of Newton
Per the recommendation of the Planning Board and Town Counsel, the Board of Selectmen filed a motioned with the NH Public Utility Commission (PUC) to intervene with Hampstead Area Water Co for the 742 acre proposed water franchise. The Board reviewed the Hampstead Area Water Company (HAWC) Response to Motion to Intervene by the Town of Newton. The Board received the opinion of Town Counsel to address the basis for our request for intervention concerning whether or not granting a franchise in the petitioned area would be in the “public good” or not. The Town of Newton is in the position of addressing our concerns and request for intervention at a Public Hearing held by the PUC this coming summer.
Office Manager Winglass informed the Board that she spoke with Mark Naylor from the State of NH Public Utility Commission (PUC) and was told that the PUC is very busy and he predicted that the Public Hearing will take place sometime around mid summer. Winglass asked the PUC if they are available to attend a Selectmen’s Meeting to speak on the proposed water franchise in order to gain knowledge of the franchise and Mr. Naylor agreed to meet on June 16th. The Board agreed to set up an informational meeting on June 16th and to send out a flier in the Carriage Towne News to inform the residents of this meeting. The Board requested that the staff contact and invite all town departments, town attorney and to invite Hampstead Area Water Company to the meeting. Due to the possible
large numbers of attendees, the Board decided to hold the meeting at the Middle School starting at 7pm on June 16th.
The Board asked that we try to contact every developer who owns property in the proposed franchise area and to invite the Town of Plaistow Selectmen, Town Manager, Conservation Commission and Planning Board for the franchise area directly abuts the Town of Plaistow.
Announcements
Accept Minutes of Selectmen Meetings
Reports from Department Heads
· Transfer Station Manager Andrew Morse informed the Selectmen that the Transfer Station will be accepting paint and stain during the month of June from residents only.
Review of Action Items
Adjourn
Chairman Donovan motioned to adjourn at 9:24pm. Second by Selectman McCarthy. Vote: Unanimous.
Respectfully Submitted,
Mary B. Winglass, Office Manager
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