SELECTMEN’S PUBLIC MEETING
August 19, 2008
Call to Order
Chairman Donovan called the meeting to order at 5:44pm. In attendance were Chairman Robert S. Donovan, Jr., Selectman Trisha J. McCarthy, Town Administrator Nancy J. Wrigley and Office Manager Mary B. Winglass. The meeting was audio taped; the minutes were transcribed and typed by Office Manager Winglass. Selectman Thayer was not present.
Chairman Donovan motioned to go into nonpublic Session under RSA 91-A:3 II (b) – Highway Department. Second by Selectman McCarthy. Roll Call Vote: Chairman Donovan – yes; Selectman McCarthy – yes. Vote: Unanimous.
Chairman Donovan motioned to close the nonpublic meeting at 5:55pm. 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 that the Board motioned to hire Ronald Jackson to work for the Road Crew for the Town of Newton at Grade IV, step 9 as of today’s date, August 19, 2008 and then the Board motioned to amend the motion to hire Ronald Jackson temporarily until the outcome of the background check comes back in order to hire him permanently.
Introduction of Guests
Old Business
· Outstanding Action Items
A. Discussion of accepting town roads with the Planning Board and Road Agent
Present were Road Agent Mike Pivero, Planning Board Chairman Ann Miles and Planning Board member Frank Gibbs.
Planning Board Chairman Ann Miles handed out copies of a Road Acceptance Procedure and Checklist, a copy of a letter used to inform developers of the status of their roads to include a list of the items that must be taken care of prior to road acceptance, also a list of incomplete roads that the Planning Board is working with and their status and emails from three towns in NH regarding their regulations for acceptance of new roads.
Ann Miles discussed the need to hold the deed with the bond in order to have the attachment of the deed to the project so that the developer could not sell a lot without the deed being recorded in order to not end up with a situation similar to what happened on George’s Way, no deed to the road or easement. Chairman Donovan stated that even though we hold the deed they can still sell the property and the new homeowner may be unaware of the easement. Miles responded that we would need some type of attachment that would require them to record the deed before the sale of the first lot in the subdivision. Town Administrator Wrigley asked who would be in charge of making sure things do not slip through the cracks. Miles responded, the Planning Board.
A discussion ensued regarding the list of incomplete roads and their status and the sample letter sent out to the developers reminding them of the outstanding items that must be completed prior to the town accepting the road. Road Agent Mike Pivero added that everyone is coming at this at a different angle, Planning Board, Selectmen, Road Agent and everyone involved including the Fire Department. Pivero stated that we need to put teeth into something that somehow motivates the developers to complete it in some type of timeframe; if there are roadblocks in front of them either monetarily or motivational, then what is the incentive for the developers to rush to complete the road and get the road accepted. Pivero added that he would like to see a timeframe to complete the road for now we are in an economic situation for the
developers are not selling lots. Pivero stated that when he was at the last Planning Board meeting it was discussed as to what percentage of construction is required before accepting the road i.e. 75%, 100%. Pivero talked about residents that live on a road that is 10% or 50% built out and they are receiving no winter road maintenance from the town. Pivero stated that this is the heart of why we are discussing road acceptance for it is due to the winter maintenance to keep everyone safe.
Pivero summed it up by stating that the town must be flexible but we also need a timeframe to require developers to complete the road. Miles responded that the town’s regulations requires a four year period. Pivero questioned what the penalty is if they do not come into compliance with this regulation. Miles responded that they are required to continue to provide winter road maintenance (snowplowing) to the road which none of them want to do. Pivero responded that most of them do not do a very good job and asked again where the teeth behind this regulation are for the town cannot plow any road unless it is a town accepted road. Chairman Donovan added that he thinks the road should be accepted after the first house is built and all other development (construction) on the road would require a bond for if
they damage the road while building a new house then they would be responsible to fix it.
Miles discussed the six lot development taking place on Heath Street and at the end of the day you have to ask who did the damage to the road for we do not have a way to monitor it for there may be more than one developer constructing a new home at any time. Pivero responded that Heath Street is more of the far side of the spectrum and added that there is still a way to do it but it may take some effort and time but by the town requiring a bond then the developer may take more care of the road than without it.
Miles discussed requiring stone from the driveway to the road to reduce damage to the edge of the road and suggested using the driveway permit for each lot as a way to monitor the requirement of the road bond. Miles added that this would work well for developments working on an already approved town-owned road. Planning Board member Frank Gibbs talked about requiring a bond for substantial development and/or large road improvements as was done at the Peaslee Crossing Road and Smith Corner Road intersection.
Pivero responded that the driveway permit is usually not pulled until the end of the building project. Gibbs added that the building department use to check to make sure each developer was aware of the need for a driveway permit. A discussion ensued regarding changing the procedure with the building department requiring an approved driveway permit at the onset of building projects. TA, Wrigley added that the location of the driveway is also part of the street numbering for each lot.
Chairman Donovan talked about his concern with public safety for if the road is not plowed correctly and there is a fire and we cannot get trucks down to the property is a great concern, we need to find a way to handle this situation. Pivero added that part of Kenwood Drive has not yet been accepted; how long does it take because it won’t be too long before there will be snow on the ground. Pivero asked how a new homeowner is made aware that the road that there house is on is not an accepted town road. Miles responded that sometimes the banks will ask, as they have become more and more interested in whether the home is on a town owned road, and if not they may require the builder to put in writing that the owner of the house is not liable for it is the developer who is liable for anything that happens on the street.
Pivero addressed the fact that the town has no teeth to use and it goes back and forth between the departments, as an example Twombly Drive. Miles responded that you fine them and attach their properties is one way to handle it. TA, Wrigley questioned who would enforce it and Miles responded that enforcement falls under the Board of Selectmen or Code Enforcement. Selectman McCarthy added that possibly the Planning Board could send a recommendation to the Selectmen to attach a property due to non-compliance. Pivero added that non-compliance for winter maintenance still does not give him the authority to plow the road. Gibbs added that the same situation happens down on Wenmarks Road for it is a private road. Those present discussed private roads and easements for there are many in town that are not plowed
by the town as most of them are pre-zoning.
Pivero asked that we stay with discussing new subdivisions and whether we can force the developers with some type of a time frame, whether it is one house or ten houses and get it accepted by the town engineer and then put a bond on every single lot with the issuance of the driveway permit. Miles added that we can then put an attachment on the deed or put the deed in escrow as a trigger so that the minute the first lot sells they have to deed over the property (road). Gibbs added that the town does not want to own the road until it is completed, Pivero agreed. Miles added that a developer cannot sell their first house without completing the road first. A discussion about options for requiring bonds and at what point in the project that would be most beneficial to the town. Chairman Donovan added that again we
need to stay focused on requiring access for emergency vehicles to every property in town. Gibbs added that we may want to get the Police Chief involved for if he makes the call then the town can plow the road as an emergency situation. TA, Wrigley responded that then the taxpayers are paying for the plowing when they should not have to bear that cost.
Miles discussed the need to require the road to go through one full winter before accepting the road. Pivero was familiar with this process and absolutely agreed to require that the binder go through one winter; the town’s regulations require two years before accepting a new road. Miles added that from the Planning Board’s perspective, they are not out writing tickets or dealing with fines so whatever the Selectmen decide to put in place for a financial incentive, either fines or attaching properties, is nothing that the Planning Board would get involved with. Pivero agreed that the Planning Board requirements can stipulate on the plan, what was put in place and there needs to be some teeth to it.
TA, Wrigley added that her concern started when Grebenstein Drive ended up in litigation and the town had to complete the road with the road bond, then came Twombly Drive which was dropped for four years and now the town engineer is getting involved with a project that he has never looked at. Miles respond that to have the town engineer look at the road would not be very costly. Gibbs added that it would be a visual inspection, for the engineer working on the project initially signed off on the work.
TA, Wrigley asked Miles that according to the list “Status of Roads” prepared by the Planning Board, Patriot Drive reads “somewhat working with Town Engineer/more work to be done” what does this mean. Miles responded that the town engineer has gone over to the property and found a problem then it is the responsibility of the developer to go back to their engineer to find a solution, for it is not the job of the town engineer to get involved. Miles referred to letters that went out to each developer informing them of the outstanding items that must be completed prior to road acceptance.
Chairman Donovan talked about having the developers come into a Selectmen’s meeting to discuss the status of the road and their plan for completion. Pivero added that the “teeth” that can be used is the bond, for no builder wants the town to pull their bond, for the bonding company frowns on this practice. Miles added they should be handled on a case by case basis.
Chairman Donovan stated that when looking at the “status of roads” list, Philip Way has been accepted as a town road but the owner has not provided a deed therefore according to Donovan, the town does not own the road and the developer must provide winter maintenance. TA, Wrigley responded that the town accepted the road as a town road for it was not known that there was no deed in place. Pivero added that the Selectmen should send the developer a letter requesting the deed for the developer does not want to own the road. Miles will check with the Planning Board Administrative Assistant to make sure the deed includes the cistern on the property as well as the road.
Miles asked how the Selectmen/Road Agent handled Twombly Drive. Pivero responded that they invited Mr. Hebb into a Selectmen’s meeting. Miles responded, that should be the first line of defense to invite the developers into a meeting to discuss the status of their road.
The Board discussed sending the developers a letter from the Selectmen and Miles added that it would help the Planning Board. Chairman Donovan discussed that the Board could ask what their intentions are for completing the road. Selectman McCarthy added that those that are working with the town engineer, we can get a current report from the engineer to have at the meeting. The Board decided to take this under advisement.
Pivero asked Miles if the Planning Board would take another look at the percentage of development that must be completed before the road is accepted as a town road. Miles responded that the Planning Board has been looking at the issue pertaining to percentages and road deeds.
Chairman Donovan asked Miles to have the Planning Board Administrative Assistant give the Board of Selectmen an update on Kenwood Drive and Nordic Wood Lane as they are both currently working with the Town Engineer. Miles agreed to send the Selectmen a copy of the town engineer’s current report.
B. Continue review of sand/salt storage building proposals
At the last Selectmen’s Meeting, the Board asked for three items to be researched for this meeting.
1. Warranty on the Rubb Gambrel Enclosure from Britton’s Landscaping, LLC. The Board reviewed a 10-year warranty for the Rubb Gambrel Enclosure.
Chairman Donovan discussed the warranty in that the percentage decreases over a period of 10 years. Selectman McCarthy added that it sounds like the installation process is the key to make sure it is installed and inspected correctly. Chairman Donovan asked who will inspect the structure each year to make sure the fabric is taunt. Pivero responded that it should be done by the Road Crew under the direction of the Road Agent.
2. Board asked for (ESI) Eastern Seaboard to match the price from Britton’s Landscaping
Chairman Donovan stated that Dennis Quintal of Civil Construction came up with his recommendation to select ESI and the Board decided at their last meeting to ask ESI if he would match the price of the lower bid. Frank Gibbs was present and stated that the Selectmen must ask all the bidders to match the lower bid. Chairman Donovan explained that these two bids are the two structures that are designed similarly and are fabric structures, which is the type of structure that the Board is looking to build.
Mike Pivero of ESI asked if that is the Board’s question, if he would match the lower price even though his warranty is 25 years and his building is bigger by 500 square feet. The Board responded “yes”. A discussion about the roadway was discussed and found that it was not clear if the roadway was included in Britton’s bid.
Pivero responded that he would split the difference between the two bids.
3. Selectman McCarthy is to check on the funds for this project.
Selectman McCarthy stated that the Selectmen were very concerned with the cost of this project for they previously thought it would be around $80,000. Selectman McCarthy added that after checking with the Town Auditors, it was determined that the unreserved fund balance is $735,619.71 and the State requires that the town keep between 5-10% of the balance in reserve, therefore it looks like we would be okay to cover the cost of the sand/salt storage building.
Chairman Donovan motioned to hire ESI of Newton, NH to do the roadway, site work and construct a sand/salt shed building for the sum of $107,261.50. Second by Selectman McCarthy. Vote: Unanimous.
Resident Nancy LeMaire of 40 Amesbury Road discussed her concerns where the shed is to be placed for it indirectly abuts her property and with the increase to the traffic and the weight of the trucks and what it will do to the road. Gibbs was present and was asked the status of the road. Gibbs responded that there is 3.5” of asphalt on the road. Pivero responded that the sand/salt trucks will not do any more damage than the Transfer Station trucks and the road was built to handle the trucks.
LeMaire said that at the Planning Board meeting it was discussed that this structure is to be built on a stump dump and a comment made at the meeting is that the town is going to have an open checkbook for this project for whoever got the job. Selectman McCarthy added that what she heard in the meeting was that the roadway leading to the structure was the area of the stump dump, not the structure itself. Selectman McCarthy stated that test pits are required before the cement is poured and she questioned Pivero that if he discovers stumps in the area then he would have to come back to the town to find a new location. Pivero responded like any bid prepared by an Engineer, you bid off the documents given by the engineer and when you go in, you do a observation of the site and if he finds that there are stumps then you
are back to the drawing board. Gibbs added that he has worked in the area and he knows that is where the stumps are located. Chairman Donovan added that if it cannot be done right, then it is not going to happen.
LeMaire talked about any spills or leaks of the sand/salt and her concern with the wells in the area and the fact that this structure will sit on top of the aquifer and she referred to the Newton Zoning Ordinance XVII Section 4.c.3 concerning prohibited uses within an aquifer protection zone. LeMaire added that recently it has been reported in Massachusetts where the salt from the road tainted wells in the area and now they have salt wells and how this could affect her property value. Pivero responded that we are building a shed to enclose the material, not to store it in an open area but it cannot be said that there will not be any spillage.
LeMaire asked the location of the well test sites, how often the wells are tested, where are the results reported/posted and will this sand/salt shed be used for Newton’s use only. Selectman McCarthy responded that the town has used R.W. Gillespie & Associates for many years to test the wells at the Transfer Station and some of the test sites are located on the sand/salt shed lot and they are tested two to three times per year and the reports are public information at the Selectmen’s Office. Selectman McCarthy added that as the liaison to the Conservation Commission, she is aware that they will be sending a memo to the Selectmen’s Office recommending that prior to the completion of the project, the abutter’s wells in the area are tested for a baseline in order to keep track of it.
Chairman Donovan answered the last question that the sand/salt shed will be used for Newton’s roads only. LeMaire asked whether there will be all big dump trucks accessing the shed. Pivero responded that it will be a combination of trucks and it is not his intention to have any deliveries in the middle of the night but as situations arise he cannot say that it won't definitely happen, but if it did it would be very rare.
LeMaire stated that she wanted it on the record that she is not happy that the sand/salt shed is going to this location for no one would want it in their back yard. Selectman McCarthy responded that she wishes that there was a different location for the shed and a search was conducted by prior Selectman John Ulcickas and herself last fall and they went to every town owned property and came back to this site; it is not perfect not but it was the closest that they could come to fit the criteria needed relating to size and location. Chairman Donovan added that no matter the location for the shed there is bound to be someone who is not happy. Pivero added that while building the structure, if there are things that can be done for aesthetics or blocking the sound, then we could certainly take a look at it.
Selectman McCarthy discussed that in the future the Board will be looking at changing the entrance and exit and they will be working on a updating fence.
Inspections of the shed were discussed and the Board decided that it will include the town engineer, building inspector and possibly Dennis Quintal of Civil Construction. Pivero stated that he will contact the Building Inspector and will take care of it.
C. Open bids for #2 Fuel Oil – Bulk purchase bid for the Town of Danville, Town of Newton and the Town of Sandown
The Board opened the four bids received for the upcoming heating season of October 1, 2008 until April 30, 2009 for #2 Fuel Oil and propane from the following companies;
Fred Fuller Oil Company of Hudson, NH with a fixed price of $4.175 on #2 fuel. Service is billed at a rate of $89 and over time rate of $119
Mike Murphy & Sons, Inc. of Atkinson, NH with a fixed price of $4.30 on #2 fuel. Annual preventative maintenance is $116.96; day time service rate of $69.75 and emergency rate of $101.25.
Palmer Gas/Ermer Oil of Atkinson, NH with a fixed price of $4.149 with free downside protection on #2 fuel and a fixed price of $2.65 for propane. Service for each building for maintenance will be $169.95 each burner, weekday rate is $85 and night, weekend and holiday rate is $127.50 per hour.
Irving Oil Limited of Portsmouth, NH quoted as follows;
Town of Sandown - #2 fuel oil at a fixed price of $3.795
Town of Sandown - propane at a fixed price of $2.497
Town of Newton - #2 fuel oil at a fixed price of $3.795
Town of Danville - #2 fuel at a fixed price of $3.846
Town of Danville – propane at a fixed price of $2.497
After reviewing the bids, the Board asked that we check with the companies to find out if the option of a downside protection is available. Copies of the bids will be mailed to both the Town of Sandown and the Town of Danville.
New Business
A. Resolution for the Adoption of the National Incident Management System (NIMS) as the Basis for Incident Management in the Town of Newton.
Emergency Management Director Larry Foote was present and explained the necessity for the Board to sign the resolution for the adoption of the National Incident Management System (NIMS) as the basis for incident management in the Town. Foote explained that by signing the resolution will allow the town to apply for grants. The Board signed the resolution.
V. Announcements
Accept Minutes of Selectmen Meetings
Reports from Department Heads
Review of Action Items
Adjourn
Chairman Donovan motioned to adjourn 7:49pm. Second by Selectman McCarthy. Vote: Unanimous.
Respectfully Submitted,
Mary B. Winglass, Office Manager
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