SELECTMEN’S PUBLIC MEETING
May 18, 2010
Chairman McCarthy called the meeting to order at 6:07pm. 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. The meeting was audio and video taped; minutes were transcribed and typed by Office Manager Winglass
Chairman McCarthy motioned to go into Nonpublic Session under RSA 91-A:3 II (c) – Review of nonpublic meeting minutes; Code Enforcement; Transfer Station Resident Sticker Policy Repeat Offenders. Second by Selectman Thayer. Roll Call Vote: Chairman McCarthy – aye, Selectman Thayer – aye, Selectman Donovan – aye. Vote: Unanimous.
Chairman McCarthy motioned to close the nonpublic session at 7:10pm. Second by Selectman Donovan. Per unanimous roll call vote, the minutes of the meeting will remain confidential until in the opinion of the majority of the member, the circumstances no longer apply except to announce that the Board accepted a letter of resignation from Code Enforcement Officer Steve Duncanson and will be advertising for this position; Transfer Station: the Board dealt with a list of repeat offenders of the Transfer Station policies and four residents will be visited by the Police Department due to safety concerns and others will receive a letter from the Selectmen; to make the nonpublic meeting minutes of April 5, 2010 pertaining to the Fire Department merit raises to be made public; to make public the March 29, 2010 nonpublic meeting
minutes pertaining only to the Fire Department merit raises and the ambulance discussion; to make public the November 30, 2009 nonpublic meeting minutes pertaining only to the Police Department merit raises.
April 5, 2010 Nonpublic Meeting minutes made public
The Board reviewed the documentation given to them by Fire Chief Bill Ingalls at their last meeting showing the reasoning for a merit increase for his staff.
Selectman Thayer motioned that based upon the recommendation of the Fire Chief to grant a 2.5% merit increase across the Board for the Fire Department excluding the probationary firefighters, effective today. Second by Chairman McCarthy. Vote: Unanimous.
March 29, 2010 Nonpublic Meeting minutes made public
Present was Fire Chief Bill Ingalls who asked the Selectmen to approve the departments employees to be paid while on probation; the current policy requires them to wait six months. Ingalls added that he feels this change will help with moral at the office. Ingalls recommended paying the two department employees under probation, Todd Owen and Justin Duford at Grade V, step 2, $9.39 per hour.
Chairman McCarthy asked Chief Ingalls if he has checked with other surrounding departments to see what they are paying. Chief Ingalls handed out a packet of information showing payroll information for the Town of Plaistow Fire Department. The information from Plaistow shows pay rates for the department based upon job title and qualifications. Chief Ingalls handed out additional documentation showing Newton’s 2006 – 2009 payroll expenditures that were below the budgeted amount of up to $25,000 and that a 5% increase to all employees would still keep the department’s payroll below budget. Chairman McCarthy asked if the lack of participation and response is the reason for the Chief’s request for a pay increase. Chief Ingalls responded that he has not given a raise since he taken over
as Fire Chief and this is part of an attempt to help with participation and response.
Selectman Donovan added that he feels that the Fire Chief needs to pull the department together before we consider raises. Donovan added that he spoke with Deputy Fire Dale Putnam on Saturday at the Transfer Station and he told Donovan that over the weekend a call went out and only one other beside himself showed up and not even the officer on-call. Chief Ingalls responded that this happens in Plaistow and Kingston as well because they are re-toning. Donovan replied that up until six months ago we did not have this problem. Chief Ingalls asked Donovan what he suggests he do with this situation. Donovan replied that the department is divided and until they can pull it together his recommendation is there will be no increases.
Chief Ingalls referred to the pay scale of the road crew versus that of a firefighter driving a large piece of expensive equipment. McCarthy added that she feels that it will help moral by giving an increase to the department for it is hard to ask someone to put their life on the line everyday without a raise.
Selectman Donovan asked about Ingalls son promoted to the position of Captain before anyone else; Chief Ingalls responded that qualifications for Captain are medical and firefighter 1 and no one on the department had the qualifications except for his son. Chief Ingalls added that he understands what Donovan is saying with the lack of participation for there are several times during the day when he is the only person that shows up to a call. Chief Ingalls added that he is lacking officers to take a duty night.
Selectman Donovan stated that the department may deserve raises but throwing around money will not change their attitudes. Chairman McCarthy disagreed for she felt that merit raises will help the moral and will help to start the ball rolling in the right direction and should be looked at every year.
Chief Ingalls asked for the Board to take the proposed merit information under advisement but to move forward with paying the two probationary employees.
Selectman Donovan motioned to put Todd Owen and Justin Duford on the matrix system as probationary Firefighters at Grade V, step 2, $9.39 per hour effective today’s date. Second by Selectman Thayer. Vote: Unanimous.
The Board decided to deal with each employee on probation as a separate issue.
Selectman Donovan asked Chief Ingalls if the ambulance is done. Chief Ingalls replied “yes” he hopes so and added that the ambulance has cost a lot more than he thought it would.
November 30, 2009 Nonpublic Meeting minutes made public
Chief Streeter addressed the Board on the fact that the town is in their second year default budget which has really affected his employees negatively and he has some key people in the department and before we start losing them he wanted to have the Board look at some recommended merit raises to fit into the default budget. The recommended raises are for the entire department. Chairman McCarthy questioned a name on the list, last name Estabrook. Chief Streeter explained that Brad Estabrook is currently on an unofficial administrative leave for he is currently in the National Guard Military Police.
Chairman McCarthy questioned if this employee is deserving of a raise or is it just because he is on the roster and if so then are we sending the message that you don’t have to earn it. Chief Streeter agreed to hold off on giving a merit increase to Estabrook. Chief Streeter explained that the recommended merit increases is an effort to maintain the staffing level within the department. Chairman McCarthy replied that anyone that straps on a gun going to work and is not sure they are coming home that night deserves what they can get.
Selectman Thayer motioned to accept per Police Chief Streeter’s recommendation the proposed merit adjustments, not to include Estabrook with an effective date of December 6, 2009. Second by Chairman McCarthy. Discussion: Chairman McCarthy asked if it is easier to do it in one fell swoop versus each employee evaluation. Chief Streeter responded that he conducts an employee evaluation for each of his employee every November. Vote: Unanimous.
Jeff Tassi, Director of Business Development for Comstar Re: Ambulance Billing Contract
Mr. Tassi gave an overview of services for the billing of emergency transports by Newton’s Ambulance. Mr. Tassi worked with town administrators and the Fire Chief to prepare a contract and rate structure for billing private insurance, Medicare and Medicaid. The town is required to bill everyone and to make a reasonable attempt to collect the fees. 10% of the fees received by the town for ambulance services are paid to Comstar and that is the only charge to the town for this service. The contract stipulates the exact rules set by the Selectmen and is written to bill residents twice and if they cannot pay then the Board would make the decision on a case by case basis; those living out of town would be billed three times. Collection letters will be sent to those living out of town but not to residents.
TA, Wrigley added that part of the information given to the Board tonight includes a “Billing and Collection Process Outline” to help differentiate between billing residents versus non-residents. Fire Chief Ingalls researched the fee schedule and the proposed rates are standard.
Selectman Donovan stated that he would need some time to review this information and is his recommendation to discuss this again at our next meeting. Chairman McCarthy questioned if we should have legal counsel review the contract. Wrigley responded that he has not yet seen the contract.
TA, Wrigley asked Mr. Tassi to review the requirements by the town for the Medicare application. Mr. Tassi replied that the town will need to prepare an application to Medicare and Medicaid and whoever is the signer on the application must give their social security number. The reasoning for this is that the signer on the application on behalf of the town must be in good standing with Medicare and Medicaid, no fraud or debt, and this information will only be disclosed according to the routine uses outlined by Department of Health and Human Services Centers for Medicare and Medicaid Services. Comstar will prepare the application on behalf of the town. The Board questioned if/when we have personnel changes would a new application have to be filed; Mr. Tassi responded “yes” with Medicare and Medicaid only not
with Comstar.
The Board decided to send the Comstar contract to town counsel for his review. Fire Chief Ingalls added that a quick call to the town’s attorney may be all that is necessary for this is the same contract as the Town of Plaistow and both towns use Attorney Sumner Kalman as Town Counsel.
A. Cont discussion with Resident John Lafave Re: Impact Fee
Chief Building Official Ron LeMere stated that after reviewing the building permits for this property and the meeting minutes, part of the language that followed from document to document was the amount of the Impact fee of $3,376.00; each time a discussion took place at a meeting that number came up and was placed on each document. LeMere added that he realizes that our impact fee for that type of structure, manufactured housing is listed on the impact fee assessment form which is less than a single family detached home but during the meeting when the vote was taken to allow the structure to be placed on the property one of the conditions was the impact fee. This condition was based upon allowing a manufactured home on a single family lot. A variance was issued by the Zoning Board of Appeals to Mr. Lafave to allow him a
building permit for a manufactured home on his lot in a Residential A Zone on Whittier Street. An allowance was given to allow this structure on the lot; signing the building permit is a contract between the owner and the town.
Mr. Lafave asked to speak and stated that back when this all took place he was unaware that there was a different category for a manufactured home until recently when he read the “Town of Newton Impact Fee Assessment” form. Based upon his deed and the town’s assessment record he stated that it is clear that he was overcharged. Mr. Lafave added that he purchased a manufactured home and then the land subsequently the building permit was denied for manufactured homes are only allowed on a zone allowed for manufactured housing. Mr. Lafave appealed it with the Zoning Board and was approved a variance; Mr. Lafave discussed the money he paid for the home and land and added that he would have paid anything to get the permit to put this house in place. That is why he is here before the Board to tell the
Selectmen that based upon the deed, building permit and assessment record he has a manufactured home and yet he paid the impact fee for a single family home. Mr. Lafave added that he paid over $200,000 for his home and over $100,000 for his lot. Chairman McCarthy replied that based upon this hardship he was approved by the Board of Appeals to place a manufactured home on a lot that does not allow this type of structure per the Town’s Zoning Ordinance. Selectman Thayer added that Mr. Lafave was given an exception on the building with the stipulation of paying the single family impact fee. Selectman Donovan explained that based upon the lot being a single family lot the impact fee applied as such; the variance was given for the building only.
The Board explained that manufactured housing is only allowed in a Residential A Zone only in subdivisions established for the purpose of mobile home placement on individually owned lots with a minimum size for a plotted mobile home subdivision of 20 acres. Mr. Lafave’s property is a 2.03 acre lot in a Residential A zone and based upon the size of the lot allows for not more than one (1) family dwelling therefore with the variance it was allowed to put a manufactured home on the lot but the original impact fee remained with the lot.
Mr. Lafave stated that he went around town and found many mobile/manufactured homes in town on single lots. The Board replied that they are grandfathered lots prior to zoning in 1973.
Zoning Board of Appeals member Mr. Alan French discussed the approval by the Zoning Board which included a lengthy discussion concerning skirting on the manufactured home, no wheels or tow bar making it a permanent structure as part of the reasoning for the special exception; that is why the decision was made and that is why it was called a manufactured home.
Chief Building Official Ron LeMere made one last comment in reference to Mr. Lafave’s statement that he did not realize that a manufactured home was listed on the impact fee schedule when in fact the impact fee schedule form is handed out with each building permit issued which clearly states each category and the fee. Mr. Lafave replied to a comment from Chairman McCarthy at the May 3, 2010 Selectmen’s meeting that the reason why it has taken so long to come to the town with this request is that he now could use the additional funds. Therefore this is not something new and was discussed at length in 2004.
Mr. Lafave asked for a copy of the 2005 revised impact fee schedule.
B. Cont discussion of request from Resident Cheryl Killam Re: Reimbursement
Emergency Management Director Larry Foote informed the Board when speaking with FEMA he was told that a reimbursement to an individual for a hotel room during a recent power outage falls under individual assistance which is not covered by them. If the town pays this reimbursement then we will be opening the door to pay for everybody in the same situation. The shelter became available at 3pm on the same day Ms. Killam went to the hotel which is well within the 48 hours for residents to be self sufficient. Packer Meadows is not willing to be responsible for its residents during this time.
The Board discussed ways to help Ms. Killam and decided to refer her to the Welfare Department for when paying the hotel bill may put her behind on paying another bill and she might be able to get some assistance.
C. Transfer Station Re: Commingled containers
Transfer Station Manager Kevin Jolicoeur requested to place another commingled container at the Transfer Station at a cost of $100 rental fee per month. This container will allow him to pack the existing container to capacity before it is hauled.
Selectman Donovan motioned to allow the Transfer Station Manager to allow another commingle container at the Transfer Station for $100 per month. Second by Chairman McCarthy. Vote: Unanimous.
D. Fire Department Office Trailer
Deputy Fire Chief John Owens discussed a new quote from Triumph Modular, a 10x50 trailer with a bathroom for $250 per month and the cost for the setup has decreased to $1,000 for the State of New Hampshire no longer requires a stamped drawing other than when it is initially transported as new.
Chief Building Official Ron LeMere conducted a site walk two weeks ago, that is when Owens found out the requirement for a bathroom. Owens added that the only additional cost is for the plumbing to the septic system which worse case scenario is $1,500. Set backs were discussed and the front is short by 15 feet of the centerline. The proposed site for the trailer is behind the Fire Station and Owens added that the side and rear set backs is not an issue at this location.
Electrical costs were approximately $1,200 and the only other issue is the need for a handicapped ramp. Owens added that we could classify the structure as temporary in order to give us 180 days to have the ramp installed. Owens asked the manufacturer the cost to heat the structure in the winter months and he averaged the electric heat to cost approximately $250 per month. Owens added that the trailer will be used by the Fire Department Secretary, Fire Chief and Deputies and will be more public friendly. One of the reasons for this trailer is due to the supply closet now having the vehicle exhaust blowing right into the medical equipment cabinets.
Selectman Donovan stated that shouldn’t we have thought of this before purchasing the ambulance. Donovan added that we could have used the bay for storage. Owens responded that we cannot look back but forward and that does not change the fact that there is no administrative room. Selectman Donovan asked if other options were discussed such as petitioning off an area in the room upstairs for storage. Owens responded that there is no room to petition off the area for its use requires space for Seabrook drills and emergencies. Selectman Donovan responded that during the ice storm we had approximately 30 people in the room and there was plenty of room.
Chief Building Official Ron LeMere added that one of the primary egresses on the left hand side of the building would classify as an unsafe structure. LeMere is in the process of generating a report to the Selectmen with his concern with the stability of the structure. LeMere added that due to the failed egress the building should not be occupied until this issue is addressed.
Emergency Management Director Larry Foote spoke about the state law requiring the handicap access and asked why we can not have volunteers build it on a weekend.
Town Administrator Nancy Wrigley asked about the cost to fix the stairway. Chief Building Official Ron LeMere replied that the stairway needs to be removed and replaced completely. Per code the stairway needs three landings, guards in place for the kick plate, hand rails, he is checking into the window near the stairway so that the fire could not cut off that form of egress and it also needs a roof for water cannot collect on the surface treads or landing. Funding for this project is to come from the General Government Building budget. LeMere added that he will have a final report to the Selectmen this Thursday.
Mr. French questioned why this lease has not gone out to bid. Chairman McCarthy responded that it falls under the $3,500 bid requirement under the town’s Purchase Policy. Selectman Donovan and Mr. French added with all the costs for the installation would bring the price close to $5,200. Selectman Donovan questioned why other options have not been investigated such as a hut for storing the ambulance allowing the option of petitioning off the bay for storage. Another option is a surplus trailer from the State of New Hampshire, we seem to be focused on one option and not all options are being explored
E. River Bank Re: Acknowledging receipt of the approved bond reduction in January for Davlynn Development
Chairman McCarthy signed a letter of acknowledgement to River Bank approving the bond reduction made in January 2010 for Davlynn Development.
F. Open bids for Greenie Park Field Maintenance
The Board opened two bids for the maintenance of baseball and softball fields at Greenie Park and the Town Beach Grass Area from the following companies;
- David W. Marden Landscape Maintenance for a total of $7,930.00
- T&M Property Maintenance for a total of $9,710.00
Selectman Donovan motioned to accept David W. Marden Landscape Maintenance bid for the Field Maintenance for the sum of $7,930 which can vary based upon the number of mowing and trimming are required. Second by Chairman McCarthy. Vote: Unanimous.
G. Open bids for the replacement of the oil tanks at Town Hall
The Board opened one bid received for the replacement and re-piping of (2) 275 gallon oil tanks at the Town Hall to include labor and materials.
- Palmer Gas/Ermer Oil for a total of $4,711.09
Selectman Donovan motioned to accept the bid from Palmer Gas/Ermer Oil for the price of $4,711.09. Second by Chairman McCarthy. Discussion: To be paid out of general government buildings budget. Vote: Unanimous.
H. Continued discussion of appointments to the Family Mediation & Juvenile Services Board of Directors
Office Manager Winglass informed the Board that she contacted Laura Bertogli and Kathy Marino who both are willing to be appointed another year to the Board of Directors for Family Mediation & Juvenile Services.
Selectman Thayer motioned to appoint Laura Bertogli and Kathy Marino as representatives to Family Mediation & Juvenile Services Board of Directors. Second by Selectman Donovan. Vote: Unanimous.
IV. New Business
1. WW II Veteran’s Memorial
Cemetery Trustee Bill Landry was present and discussed the history of the World War II Veteran’s Memorial at the Newton Learning Center. The prior owners of the Center created the memorial and yet the current owners want to remove the memorial from the area for many times she will find people she does not know on her property and that makes her uneasy. Landry added that the Cemetery Trustees agreed that the best place for it would be the Willow Grove Cemetery. The structure has some wear therefore Landry recommended for the town to take possession and the Cemetery Trustees are given the responsibility of it.
Selectman Donovan motioned to take responsibility and ownership of the World War II Veteran’s Memorial and to have it moved to the Willow Grove Cemetery and for the Cemetery Trustees to be responsible for the structure. Second by Selectman Thayer. Vote: Unanimous.
2. Memorial Day Observance
Road Agent Mike Pivero addressed the Board to purchase new flags, brackets and a couple of banners to be installed on Whittier Street along the parade route and to replace others along South and North Main Street near the Town Hall. The “Support Our Troops” banners are to hang on a telephone pole at the Town Hall and another near the Willow Grove Cemetery for Memorial Day. The total cost is approximately $437.00. The Board agreed to the purchase and stated that they would find the money somewhere.
Selectman Thayer motioned to allow Road Agent Mike Pivero to purchase flags, banners and brackets not to exceed $500. Second by Selectman Donovan. Vote: Unanimous.
2. Request from Newton Learning Center Re: Resident Sticker
The Board received a letter from Katy Aveni of the Newton Learning Center asking to be allowed a resident sticker to allow the Newton Learning Center vehicle to park at the Town Beach for swim lessons.
Selectman Donovan motioned to allow the Newton Learning Center a temporary sticker for parking at the town beach only for swimming lessons. Second by Selectman Thayer. Vote: Unanimous.
3. Request from Charles Melvin, Sr. and Charles Melvin, Jr. Re: Resident Sticker
The Board reviewed a request from Charles Melvin, Sr. and Charles Melvin, Jr. for a resident sticker for their two dealer plates.
Selectman Donovan motioned to allow Charles Melvin, Sr. and Charles Melvin, Jr. a resident sticker for two dealer plates. Second by Selectman Thayer. Vote: Unanimous.
V. Announcements
VI. Accept Minutes of Selectmen Meetings
VII. Reports from Department Heads
Recreation Commission
- Bulletin Board and Literature Rack for Town Beach
Deb Holden, member of the Recreation Commission discussed Recreations request to purchase a bulletin board with literature rack for the Town Beach to post information such as the water issues that we have faced now for a couple of years as well as a other information/literature.
Selectman Thayer motioned to allow the Recreation Commission to purchase for $758 a message center and for $268 a literature rack for the message center plus shipping of approximately $80 to be paid out of the Recreation Checking account. Second Selectman Donovan. Vote: Unanimous.
- Refreshments for Memorial Day Parade
The Recreation Commission requests approval to spend up to $300 for refreshments and supplies for the Memorial Day parade. The Boy Scouts and Girl Scouts will serve refreshments at the Horace Williams Hall.
Selectman Thayer motioned for the Recreation to spend up to $300 for Memorial
Day refreshments and supplies to be paid out of the Patriotic Events line item. Second by Chairman McCarthy. Vote: Unanimous.
- Requisition for excavation work for the pavilion at Greenie Park
Chairman McCarthy read a requisition from Recreation Dept-Pavilion at Greenie Park for the removal of buried stumps by Peter D. Nicole Excavating. Mr. Kozec was present and explained that no one knew they were there and it is an extra expense but the plan is still to stay within the budget. The slab was poured yesterday by Mike Pivero of Eastern Seaboard. Selectman Donovan offered the use of his construction equipment for this project.
Selectman Thayer motioned to approve the payment of $947.00 for excavation work to fill removals and disposition of buried stumps by Peter Nicole Excavating paid out of the Recreation Checking Account. Second by Selectman Donovan. Vote: Unanimous.
Town Administrator Nancy Wrigley explained that even though the Board approved to spend up to $5,000 for this project per the recommendation of the Recreation Commission, a requisition will be prepared for each expenditure in order to keep track of this project.
Mr. Kozec added that Kyle Kozec, Boy Scout will be holding a yard sale at Greenie Park on Saturday June 5th, rain date of June 6th to help fund this Eagle Scout project. Donations or contribution can be brought to 82 Amesbury Road or call 382-5264.
The Board reviewed a memo from the Recreation Commission to replace the fence at the town beach that separates Whispering Pines Campground. The Recreation obtained three quotes for this purchase and asked for the Selectmen to approve the quote from Brentwood Fence for an expenditure of up to $2,224.00 out of the Recreation Checking account.
Chairman McCarthy explained to Recreation that they must submit a minimum impact with the State of New Hampshire for this replacement just as is done when you add sand. Lisa Babcock, Secretary for the Recreation Commission will take care to make sure we comply with the State.
Selectman Donovan motion to accept the recommendation from the Recreation Commission to replace the fence at the Town Beach based upon the quote received by Brentwood Fence for the sum of $2,224 to replace the 6” galvanized fence at the Town Beach to be paid out of the Recreation Checking account. Second by Selectman Thayer. Vote: Unanimous.
- Sanborn Middle School – Contribution to support the Boosters Club
The Board reviewed a memo from the Recreation Commission to approve the expenditure of up to $300 for refreshments and decorations for the end of year activities to support the Middle School Boosters Club. The funds are to come from the Summer Programs budget line item.
Chairman McCarthy motioned based upon the request of the Recreation Commission to approve up to $300 on refreshments and decorations for the end of year activities to support the Middle School Boosters Club. Second by Selectman Thayer. Vote: Unanimous.
VIII. Other Business
- Sign Manifests, Requisitions, Abatements, Tax Credits and Correspondence
- The Board signed a requisition from the Fire Department for preventative maintenance and repairs to S.C.B.A’s and Halmotro tools for the actual cost (not an approximate cost as was given at the last meeting) for a total of $2,115.16.
Chairman McCarthy motioned to approve the preventative maintenance and repairs to S.C.B.A.’s and Halmotro tools for a total of $2,115.16. Second by Selectman Thayer. Vote: Unanimous.
- Chairman McCarthy read a letter of resignation from Code Enforcement Officer Steve Duncanson. The Board then signed a response letter to Duncanson requesting the return of town supplies, books and documentation given to him during his employment and to submit his payroll for this year.
- The Board approved and signed for Personal Time Off for Office Manager Winglass.
- The Board approved and signed a paper abatement for $123.24 to Stephen Baker, Willow Grove Corp for 22 Willow Road for the mobile home was removed in October 2008 but was not removed off the assessment records.
- The Board approved and signed the Vendor Manifest in the amount of $50,994.72. The Board had questions with three invoices and asked for the Town Administrator to check these before they are mailed.
- Chairman McCarthy asked about the Emergency Management phone lines at the Central Fire Station and whether the issues have been resolved. Office Manager Winglass responded that she started working on this project but needs to follow through with Fairpoint Business Services to find out how many phone lines Seabrook pays for and what is the use. Chairman McCarthy asked for Winglass to contact Emergency Management Director Larry Foote to get the name and phone number of the Fairpoint Technician for he has knowledge of the systems in place.
IX. Adjourn
Chairman McCarthy motioned to adjourn at 10:10pm. Second by Selectman Donovan. Vote: Unanimous.
Respectfully Submitted,
Mary B. Winglass, Office Manager
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