SELECTMEN’S PUBLIC MEETING
October 26, 2009
Chairman McCarthy opened the meeting at 5pm. In attendance were Chairman Trisha J. McCarthy, Selectman Raymond D. Thayer, Selectman Robert S. Donovan, Jr., Town Administrator Nancy J. Wrigley and Office Manager Mary B. Winglass. Minutes were transcribed and typed by Office Manager Winglass.
Town Auditor, David Clukay of Vachon, Clukay & Company PC Re: December 31, 2008 Auditors Report
Present were David Clukay, Bookkeeper/Payroll Administrator Kim Hughes and Treasurer Jennifer Gaines.
David Clukay handed out paperwork detailing the required communication to those charged with governance (Board of Selectmen). David asked to talk about significant audit adjustments and internal controls. The past couple of years the town’s general ledger did not reflect the balance at year end per the adjusted bank reconciliation; David added that it has been their recommendation to the town that personnel reconcile the cash balance per the general ledger on a monthly basis to the Treasurer’s completed bank reconciliations. If/when there is a discrepancy it should be investigated ultimately ensuring an accurate accounting financial position to the Board of Selectmen.
David asked when the town’s accounting software was last updated; Kim Hughes responded just last year.
The audit as of December 31, 2008 recommends the change of completing the way deposits are handled by having them completed by whomever deals with the deposit i.e. Town Clerk/Tax Collector versus having the Treasurer handle the deposits. This will allow a check and balance for the information (deposit ticket) is then given to the Bookkeeper with breakdown and the Treasurer will receive only the deposit ticket to reconcile the bank accounts. The Treasurer is to produce monthly reports each month as shown in the town report. The Treasurer’s job is to have the custody of the cash; the law states that it is the Selectmen’s job to set the segregation of duties. The monthly Treasurer’s report are to be given to the Selectmen each month and if/when there are un-reconciled items during the reconciliation
process needs to be reported to the Town Administrator. Kim Hughes asked if this recommendation extends to all accounts or just the main account. David Clukay responded that it extends to all accounts except the Trust Funds, but for now we need to get the main account reconciled. Withdrawals should be handled by a separate person and then given to the Treasurer for her signature.
The Treasurer asked about the beginning balance of the main account as of January 1, 2009; David Clukay responded that the beginning balance is okay and he will forward the bank reconciliation with the detail. David offered to help to get the 2009 monthly reconciliations completed and to give a “shell” showing the split of duties for a check and balance between departments. A recommendation for the Selectmen to consider is to announce the deposits made at each meeting. The County Attorney is still reviewing the records of the missing funds.
David Clukay recommended a formal policy for the use of the town credit cards. The Board responded that a policy was approved by the Selectmen this year.
Internal Controls were discussed and Kim Hughes added that she receives information from the Town Clerk/Tax Collector and the Town Administrator on a regular basis. Treasurer Jennifer Gaines responded that she is still working on catching up on getting all the data entered on all the accounts; she just started in March and inherited a mess.
A discussion ensued with defining job responsibilities between the Treasurer and Bookkeeper and the time constraints with Kim as a part time employee as well as the Treasurer who works part time. The software used needs to be looked at for there may be other programs that would offer a more streamline process. Kim offered to look into software again and will come up with a schedule for the reconciliation procedures.
David Clukay recommended getting this new reconciliation procedures up and running as soon as possible. Kim Hughes added that as long as information comes her way then she is okay. The Treasurer will monitor the cash. David added that it is important to try these baby steps to do whatever needs to be done to get caught up. Kim will be the Selectmen’s eyes and ears and if she sees anything odd then she will bring it to the Selectmen. The priority now is the main account and the smaller accounts can be put on the back burner for now with respect to streamlining the reconciliation process.
Donation
Town Administrator Nancy Wrigley requested direction from Auditor David Clukay when handling a donation of $130.00 given to her by a resident who requested that a percentage of the donation to go to the Fire Department, Police Department, School and the Library. The donor wanted to give a donation to the town on a quarterly basis and was asked to put something in writing to clarify his request, but his note was not clear. The donor stated that he was going to his Attorney to draw up the trust paperwork therefore the funds were kept in the vault waiting for the paperwork but we have not heard from the donor. Town Administrator Nancy Wrigley asked David Clukay on how to proceed at this point. David responded that he would deposit the funds and write the separate entities a check to complete the donation as given.
The Selectmen will need to vote to accept and expend the funds in a public meeting.
Chairman McCarthy motioned to go into Nonpublic Session under RSA 91-A:3 II (d) – Police Department. Second by Selectman Donovan. Roll Call Vote: Chairman McCarthy – yes; Selectman Thayer – yes; Selectman Donovan – yes. Vote: Unanimous.
Chairman McCarthy motioned to recess the nonpublic meeting at 6:28pm. Second by Selectman Thayer. 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.
A. Review bids for the 2010 Statistical Update
Town Administrator Nancy Wrigley informed the Board that after narrowing down the bids to three companies and meeting with them regarding their quotes for the 2010 Statistical Update, she has received two revised contracts and we have been informed that the third applicant will be sending in a revised contract. The Board decided to wait until we receive the third updated contract before reviewing them.
B. Review of Gale Library Electrical Repairs
The Board reviewed three bids for the Gale Library Electrical repairs per the recommendation of Fire Chief Bill Ingalls after conducting a safety inspection. The quotes came in from Councilman Electric for $765.00, Get Wired for $828.50 and Patrick McCusker for $900.00.
Selectman Donovan motioned to hire Councilman Electric for the sum of $765.00 with the allowance of $250 to check the emergency lights and if no lamps are to be replaced then the allowance or a portion of it will be returned to the town. Second by Selectman Thayer. Vote: Unanimous.
C. Review quotes for yearly maintenance of generators (Transfer Station and Police Department)
Office Manager Winglass will check with the contractors for a quote on the yearly maintenance
D. Review wiring quotes for the Transfer Station generator
The Board reviewed three wiring quotes for the electrical hookup of the generator at the Transfer Station. The quotes were from Patrick McCusker for $4,750.00, Get Wired for $5,006.48 and Councilman Electric for $5,602.50
Selectman Donovan motioned to hire Patrick McCusker for the wiring of the Transfer Station generator for the price of $4,750.00. Second by Selectman Thayer. Vote: Unanimous.
E. Review bids for the replacement of the front stairs at Town Hall
The Board reviewed a spreadsheet showing a comparison of the bids received for the replacement of the front stairs at the Town Hall. The Board discussed that the lowest bid is from M. Cote Home Improvements who has been awarded construction projects by the town over the past few years and we have been very happy with his work.
Selectman Donovan motioned to hire M. Cote Home Improvements for the replacement of the front stairs at the Town Hall for the sum of $5,400.00. Second by Chairman McCarthy. Vote: Unanimous.
1. Patriot Drive – Road Acceptance
Present was Joseph Ferrandi, Developer of Patriot Drive
Mr. Ferrandi stated that the road has been accepted by the Planning Board to include the reduction of the road bond. The Board reviewed the paperwork with the recommendation from the Planning Board. Mr. Ferrandi asked for the release of the bond leaving only half of what is usually held by the town due to a financial hardship. The regulations require that 10% of the original bond amount be held for 2 years after the completion of the road. Mr. Ferrandi added that if there is anything wrong with the road he has a guarantee from the paving company. Mr. Ferrandi then asked for the Selectmen to release the full bond to pay his contractors.
The Board discussed that the Planning Board’s recommendation is for the Selectmen to accept Patriot Drive as a town road and reimburse the NPREA in the amount of $1,697.05 for outstanding fees from the bond money; then to return 50% of the required bond to Joseph Ferrandi as the road has been complete for 1 year.
After a brief discussion, the Board made the following motion;
Selectman Donovan motioned to return 75% of the $17,226.00 plus the $524.49 held by the town for the Patriot Drive Road Bond to Joseph Ferrandi. Second by Selectman Thayer. Discussion: With the understanding that the NPREA balance is paid in full. Vote: Unanimous.
2. Update to the Winter Operations for Snow Removal and Ice Control Policy
Present was Road Agent Mike Pivero
The Board reviewed the revised policy as approved by Road Agent Mike Pivero.
Chairman McCarthy motioned to accept the Winter Operations for Snow Removal and Ice Control Policy as amended. Second by Selectman Thayer. Vote: Unanimous.
Office Manager Winglass will post the policy on the website and the section of the policy “damage to private property” as a notice to the residents that all devices excluding mailboxes are to be removed from the town limits before November 15th or the first snow fall. Notices will also be posted around town.
3. 2009/2010 Plowing Season Policy
Road Agent Mike Pivero informed the Board that he is not proposing any increase to the snow plowing rates for this winter season but has been notified by the Office Manager that the workers’ compensation rates have increased.
Chairman McCarthy questioned the minimum liability insurance of $350,000 for she was under the impression that the minimum was $500,000. A discussion was had that insurance companies do not offer a limit of $350,000 therefore requiring the contractors to step up to the next limit of $500,000.
Selectman Thayer asked about the cutting edge as provided by the town. Pivero responded that it is a standard operation, state and private.
Selectman Donovan motioned to accept the automobile liability minimum to $500,000 as of July 1, 2010 as it relates to the Plowing Season Policy. Second by Selectman Thayer. Vote: Unanimous.
Chairman McCarthy motioned to accept the 2009/2010 Snow Plowing Season Policy as written. Second by Selectman Donovan. Vote: Unanimous.
4. Notice to residents regarding winter maintenance
The notice to residents regarding winter maintenance is part of the Winter Operations for Snow Removal and Ice Control Policy. The section within the policy is labeled “damage to private property”. See #2 above.
5. Transfer Station Manager Re: Recycling options for propane tanks and fluorescent Bulbs
Present were Transfer Station Manager Kevin Jolicouer
Transfer Station Manager Jolicouer informed the Board that he still does not have all the information on the fluorescent bulbs and once he has the information he will bring it the Board at a future meeting.
The Board then reviewed a memorandum from Aurjent Cylinder Recycling showing an outline of work for the pickup of propane tanks to be recycled. Any fuel recovered is used and the metal pays for his operation, therefore there is no charge to the town.
Currently the town pays for the disposal of propane tanks and with this vendor change would allow the Board to give a cost break to the residents when disposing of the tanks.
Chairman McCarthy motioned to remove any charge for the propane tank for all the towns. Second by Selectman Thayer. Vote: Unanimous.
Chairman McCarthy motioned to change the collection and pickup up of propane tanks to Aurjent Cylinder Recycling in order to save the residents money since there is no charge for this recycling service. Second by Selectman Thayer. Vote: Unanimous.
6. Assignment of Attorney to handle the appeal to the Superior Court for Sara Realty, LLC vs. Town of Newton Zoning Board of Adjustments
Present were residents Gene Tolman, Gus Mederios and Rob Peterson
The Board reviewed a letter of recommendation from the Zoning Board of Appeal and requested that the Superior Court case against the Zoning Board and the Town of Newton to be handled by the Town Attorney Sumner Kalman to represent us in this matter.
The Board then reviewed a letter from Attorney John Ratigan of Donahue, Tucker and Ciandella, PLLC advising the Board when considering assigning legal counsel for this appeal, there is also the pending appeal of the Sara Realty, LLC v. Town of Newton Planning Board case which was filed in 2007 in which he was assigned as legal counsel. Currently that case was suspended while Sara Realty went to the Zoning Board to seek relief. Currently there is still an appeal pending in Superior Court and Sara Realty’s Attorney Ryan may seek to lift the stay of the 2007 Planning Board appeal to consolidate it with the ZBA appeal.
Selectman Thayer noted that if we use Town Attorney Sumner Kalman on this case he will need to be brought up speed concerning the history since 2005 surrounding this issue. Chairman McCarthy stated that the reason they selected Town Attorney Sumner Kalman is due to him being our current Town Attorney. Resident Rob Peterson addressed the Board stating that he was at the Board of Appeals meeting and they discussed that they can only recommend to the Board and after discussing the option of whether to use the current Town Attorney or Attorney Ratigan for this case, they decided to recommend Town Attorney Sumner Kalman. Resident Gene Tolman advised the Board that being on the Planning Board in the past, Attorney Ratigan was very thorough, fair, balanced and knowledgeable when handling the 2005 and 2007 appeal filed against the
Town v. Sara Realty.
Chairman McCarthy added that in her opinion is makes sense and is in the best interest of the town for Attorney Ratigan to handle this case for the file is very thick and he is up to speed on the issues, past and present. Rob Peterson stated that he has been involved with the history of this property and stated that in his opinion it would cost about half of the ambulance purchase, $4,000 to bring Attorney Kalman up to date.
Selectman Donovan stated that he has personal reasons not to recommend Attorney John Ratigan to handle this case. Chairman McCarthy replied that Attorney Ratigan has done well representing the town in the past and sometimes not, but he always worked in the best interest of the town. Gene Tolman stated that he was involved with the initial issues and he found him to be good and fair.
Selectman Thayer stated that he received a call from a concerned resident this morning stating that tree cutting was taking place at the campground and Thayer asked the residents present if they heard anything. Rob Peterson answered that it is painful to see and hear the changes to that property over the years. Chairman McCarthy contacted the Conservation Commission this morning about the alleged tree cutting but when they went to the property there was no activity taking place, of course they could not gain access onto the property.
Selectman Thayer motioned that we inform the Board of Appeals that the Board decided to hire Attorney John Ratigan to finish the Sara Realty LLC v. the Town of Newton Zoning Board of Adjustment. Second by Chairman McCarthy. Discussion: Selectman Donovan added that he does not feel that Attorney John Ratigan should represent the town for he feels that the town lost lawsuits in the past that we should not have lost. Vote: Chairman McCarthy and Selectman Thayer – aye; Selectman Donovan – nay. Motion passed.
Chairman McCarthy stated that she would like to state for the record that this decision in no way implies that Town Attorney Sumner Kalman is not qualified, only that Attorney Ratigan has a history with this case.
7. Per RSA 31:95-b to accept and expend unanticipated funds donated to the town;
$50.00 donation to the Recreation Commission from the Merrimac Savings Bank
$10.00 cash donation to the Food Pantry
Chairman McCarthy motioned to accept and expend unanticipated funds of a $50 donation to the Recreation Commission from the Merrimac Savings Bank. Second by Selectman Thayer. Vote: Unanimous.
Chairman McCarthy motioned to accept and expend unanticipated funds of a $10 cash donation to the Food Pantry. Second by Selectman Donovan. Vote: Unanimous.
8. Purchase of a used 1993 Ambulance
Present were Fire Chief Bill Ingalls, Emergency Management Director Larry Foote and Brian Sirois
Chairman McCarthy started the discussion by stating that Selectman Donovan had some questions surrounding the purchase of the used 1993 Ambulance as proposed by Fire Chief Ingalls.
Selectman Donovan asked that the requisition to spend $9,500 to be paid out of medical supplies for an ambulance, per the Town Attorney that is really stretching a purchase from this line item. How much will it cost to strip it and re-letter the vehicle. Fire Chief Ingalls responded not much for we only need to take off one name and replace it with Newton.
Selectman Donovan asked what it would cost to outfit the vehicle with radios. Chief Ingalls answered that he does not really know for he has not priced it out and will not until/if he gets the vehicle.
Selectman Donovan asked the cost to get it certified by the State; Chief Ingalls responded nothing.
Selectman Donovan asked about the insurance for the vehicle. Town Administrator Wrigley responded that it would cost approximately $1,000.00. Selectman Donovan asked for the additional cost for insurance to cover transport. EMD Director Larry Foote and Fire Chief Ingalls added that as far as the rescue the town has the maximum for medical liability; Chief Ingalls was not sure about the insurance for transport and then added that the town would have to become licensed for the use of this vehicle.
Selectman Donovan questioned what happens if the town does not receive State certification. Chief Ingalls responded that certification is based upon what is in the vehicle which includes suction that is already on it and oxygen that you rent and most of the medical supplies we already have.
EMD Larry Foote asked where Selectman Donovan came up with all these questions. Selectman Donovan responded that he has talked to a few people. Selectman Donovan added that he has to be completely honest; he received a phone call one day stating that the town purchased a used ambulance. EMD Larry Foote replied that he has to take the fall on this for he learned of this opportunity and ran with it and not being aware that Selectman Donovan was the liaison to the Fire Department, he contacted Chairman Trisha McCarthy about it; Chairman McCarthy knew the mechanic and that is how it got all messed up. Selectman McCarthy asked Chief Ingalls how many times they spoke on the phone prior to the Chief speaking with Selectman liaison Robert Donovan. Chief Ingalls responded twice.
Selectman Donovan asked if the vehicle has been checked by another mechanic. Fire Chief Ingalls stated that there is a file on everything that has been replaced. Ingalls added that he will get a copy of it; he is aware that the transmission has been replaced, the blower has been replaced as well as the brakes. Selectman Thayer added that he went down to see the vehicle today and there was another mechanic there who was familiar with the vehicle and told him about the vehicle to include the new tires, the interior is immaculate and the vehicle has only one dent in the driver’s side back and a few other minor blemishes. EMD Larry Foote stated that the prior owner put $10,000 in repairs and then they received a grant for a brand new vehicle. Selectman Thayer added that you would never know
it was built in 1993. It was discussed that the ambulance includes a stretcher in very good condition that is worth around $2,500.00.
Selectman Donovan asked Chief Ingalls the current mileage on the vehicle. Chief Ingalls responded just over 100,000 miles. Selectman Thayer added that he feels that this purchase is a good idea for the town will own it and can charge the residents to help offset the budget. It was discussed that Trinity Ambulance Service will still provide service to the town; with this purchase will allow the town a backup only, when needed.
Selectman Donovan stated that he spoke with seven of the town’s EMT’s and only one was in favor of this purchase, two told Donovan that they were unaware of what was being voted upon. EMT Larry Foote responded that he spoke with twelve of them himself and only one said that he thought it was not a good idea so someone is lying. Selectman Donovan stated that when he called them he informed each of them that their name would remain anonymous. EMD Foote responded that it is not right, he put his name on the line and spoke with them. If this purchase is rejected then he wants a meeting with the EMT’s and the Selectmen.
Chairman McCarthy spoke on the fees that the town could generate that are in the ballpark of $1,000 to $1,500 per transport based upon the level of care. The Fire Department has two young EMT’s that are certified and per Chief Ingalls there are two more that are going for their certification.
Chairman McCarthy asked Office Manager Winglass the reference to the town’s Purchase Policy that references the exceptions to the bid process to purchase an item over the $3,500 limit. Winglass responded that the policy allows for the Board of Selectmen to approve a purchase without requiring adherence to the bidding process when there is only one known source for the item to be purchased. Chairman McCarthy added that this exception has been used for the Police Department. Selectman Donovan replied that all the town needs to do is Google “used ambulances” and it would get a multitude of listings therefore he does not fee that this exception applies to this purchase; instead we are buying a certified ambulance from a backyard garage. Chairman McCarthy replied that one thing he does
is sell emergency vehicles. Selectman Thayer added that he thinks he is a certified licensed mechanic. Chief Ingalls added that the State certification comes from the components and supplies in the vehicle, it has nothing to do with the engine.
Chief Ingalls reminded the Board that the Fire Department has saved the town over the past five years with a zero bid ambulance contract that the Chief worked on with six other towns working directly with the Fire Chief’s. Prior to that the town was paying approximately $30,000 per year for this service.
Chairman McCarthy and Selectman Thayer both signed the requisition prior to this meeting to purchase the ambulance; Selectman Donovan did not sign it for he does not feel that this purchase qualifies as an exception to the purchase policy.
Selectman Thayer asked Chief Ingalls where he will house the ambulance; Chief Ingalls responded in the Fire Station for there is a bay open.
Chief Ingalls addressed Selectman Thayer to inform him that he spoke to a resident about a pellet stove permit; per his conversation with the resident they had already spoken with Thayer who did not know the procedure and told him to call the Chief. The Chief stated that he wanted to make Selectman Thayer aware of the permit process for pellet stoves through the Fire Department.
Selectman Donovan then asked Office Manager Winglass if we have the option of Googling used ambulances then how would this purchase represent an exception to the policy. Selectman Donovan added that there are multiple places to purchase a used ambulance in the State of New Hampshire, therefore he does not see this as an exception. Winglass referenced the purchase policy where it states “when there is only one known source…” Again Selectman Donovan reiterated that there are other sources all you need to do is google it and as far as he is concerned it is illegal. Chairman McCarthy stated that we have had other instances with other departments coming to the Selectmen to purchase an item that we could have googled however for the quality and condition of the vehicle, the Selectmen
approved it. Selectman Donovan added that the price makes a difference, if it is $2,000 for an Animal Control Vehicle fine but for a $10,000 Ambulance bought from your buddy down the street, I have a concern with it. Selectman Thayer added that Chief Ingalls is our department head and we put our trust in him. Selectman Donovan replied that this is the guy that cannot tell us how much it will cost to install radios or to letter the vehicle or to supply the vehicle; according to other EMT’s it will cost approximately $10,000 to outfit the vehicle. Chairman McCarthy defended the actions of the Fire Chief stating his reasoning for holding off until the ambulance is a go only makes sense. Selectman Donovan stated that the Chief should have had the information tonight.
At this time, residents Gene Tolman, Gus Mederios and Rob Peterson joined the meeting.
Selectman Donovan asked the residents that just arrived what they think of the Fire Chief coming in with a recommendation to purchase a 1993 used ambulance for $9,500 with 100,000 plus mileage. Rob Peterson addressed the fact that Selectman Donovan is questioning the protocol issue used for this purchase for protocol is set and used to protect everybody. Selectman Donovan added plus we have an ambulance service contracted the does not cost us a penny. Chairman McCarthy responded with all the particulars with this vehicle, the condition and the inclusion of the stretcher makes this purchase somewhat unique. Selectman Donovan responded that he bought it from some auction in Maine. Chairman McCarthy answered that due to receiving a grant for a new ambulance is the reason why this vehicle became
available.
Selectman Donovan stated again that the Fire Department does not have a line item in their budget for an ambulance. Chairman McCarthy replied that Chief Ingalls is the department head and we put our trust in him for good of the department, as long as his budget is not over expended as of the bottom line.
V. Announcements
- Trick Or Treat is on Saturday, October 31, 2009 from 5:30PM to 7:30PM
VI. Accept Minutes of Selectmen Meetings
- Selectmen’s Public Meeting minutes of September 28, 2009, October 5, 2009 and October 13, 2009
Chairman McCarthy motioned to accept the Selectmen’s Public Meeting minutes of September 28th and October 5th as written. Second by Selectman Donovan. Vote: Unanimous.
Chairman McCarthy motioned to accept the Selectmen’s Nonpublic Meeting minutes of October 13th as written. Second by Selectman Thayer. Vote: Chairman McCarthy and Selectman Thayer – yes; Selectman Donovan abstained. Motion passed.
- Selectmen’s Nonpublic Meeting minutes of October 5, 2009
Chairman McCarthy motioned to accept the Nonpublic Meeting minutes of October 5th as written. Second by Selectman Thayer. Vote: Unanimous
VII. Reports from Department Heads
- Policy Review – Personnel Policy, Resident Sticker Policy, Transfer Station/Recycling Policy and Code Enforcement Policy
- Bulky Item Fee Schedule
- Guidelines for Elected Officials
Due to the late hour, the Board decided to review “Other Business” at their next Selectmen’s Meeting on November 2, 2009
Chairman McCarthy motioned to resume the nonpublic at 8:45pm. Second by Selectman Donovan. Roll Call Vote: Chairman McCarthy – yes; Selectman Thayer – yes; Selectman Donovan – yes. Vote: Unanimous.
- Chairman McCarthy motioned to close the nonpublic session at 9:55pm. Second by Selectman Thayer. 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 motioned to move Recreation Commission Secretary Lisa Babcock from Grade II, Step 10 to Grade VI, Step 7 effective as her anniversary date of July 24, 2009.
- The Board motioned to accept the new Employee Warning Notice effective today’s date as amended.
- The Board decided to forward to the Code Enforcement Office an anonymous, written alleged code violation regarding 36 New Boston Road. The Board decided to send the alleged violation to the town’s Code Enforcement Officer for his review of the permits for this property.
Chairman McCarthy motioned to adjourn at 9:56pm. Second by Selectman Thayer. Vote: Unanimous.
Respectfully Submitted,
Mary B. Winglass, Office Manager
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