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September 1, 2015 Board of Selectmen Minutes
NEWTON BOARD OF SELECTMEN
DATE: TUESDAY, SEPTEMBER 1, 2015
TIME: 6:00PM
LOCATION: NEWTON TOWN HALL, 2 TOWN HALL ROAD

PUBLIC MEETING

  • Call to Order, Roll Call Vote
Chairman Donovan opened the meeting at 6:00 pm.  In attendance were Selectmen Robert S. Donovan, Jr., Chairman, James L. Doggett, Vice Chairman, Matthew A. Burrill, Lawrence B. Foote, Lisa L. Gonyer, Town Administrator Nancy J. Wrigley and Selectmen’s Office Manager Mary B. Winglass.  The Public Meeting was videotaped; minutes were transcribed and typed by Office Manager Mary B. Winglass. The Non-Public Minutes were transcribed and typed by Town Administrator Nancy J. Wrigley.

Selectman Foote moved to go into Nonpublic Session under RSA 91-A:3 II (a) - Fire Department; & (a) - Police Department - Emergency.  Second by Selectman Doggett with a unanimous roll call vote:  Donovan - aye, Doggett - aye, Burrill - aye, Foote - aye, Gonyer - aye.

Selectman Doggett moved to close the Non-Public Meeting at 7:06 pm.  Second by Selectman Gonyer with a unanimous roll call vote to keep all matters confidential until in the opinion of the majority of the members the circumstances no longer apply except to announce the increase of Chief Alcaidinho’s pay from Grade XXV Step 9 to Grade XXV Step 10, effective 08/30/15.  Donovan - aye, Doggett - aye, Burrill – aye, Foote - aye, Gonyer – aye.

  • Pledge of Allegiance
  • Introduction of Guests
  • Coleman McDonough: Southern NH Industrial Park
Scott Frankiewicz, Engineer working for Coleman McDonough at the Southern NH Industrial Park on Puzzle Lane in Newton, NH talked about the plans proposed and the long process it has taken.  Frankiewicz showed the Board plans and talked about the financial burden of preparing a full design set of plans for the Planning Board; to be denied; and finally to go to the Zoning Board of Appeals.    

Dave Constantino owner of Legends Baseball talked about how he has been working with Coleman on an approval for about two years to build two baseball and two softball fields.  The fields would be used to run tournaments from April to October, a seasonal business, Monday through Friday 3pm to 8pm with no lights; Saturdays and Sundays 8am to 7-8pm.  Constantino stated that he is new to this process of going through the Planning and the Board of Appeals; how it has been frustrating and drawn out; and how he talked to Coleman about what they can do to speed things up.  Timing is an issue at this point for he needs six months to promote the business for the spring.  Constantino added that he is willing to offer some field time to the town and will help provide business to local food establishments.    

Coleman McDonough talked about going through the learning curve with baseball fields being new to the town and about the option of submitting a conceptual plan to the Planning Board knowing that he needed to go to the Board of Appeals.  Coleman added that he is here tonight to see if the Selectmen can interface with the Planning Board to help get these four professional baseball fields approved in town; he has a deadline and that is November and it is to a point where they are very discouraged.  Coleman asked for help from the Selectmen to streamline the process.

Chairman Donovan spoke on how the Planning Board is an elected Board therefore the Board of Selectmen cannot overrule their decisions but would have no problem sitting down together to see what we can work out.  Coleman asked to include the Zoning Board of Appeals for he feels with some communication we can move this project along.

Burrill commented not as a Selectman but as a town resident and taxpayer, why has it taken this long for as a taxpayer and a resident we could all benefit with the taxes and the use of the fields.

Engineer Scott Frankiewicz responded that he went to the Planning Board and they would not look at it or comment without a fully designed set of plans to accept under jurisdiction, comment on it and then deny it in order to go to the Zoning Board of Appeals.  The Zoning Board process took approximately 7 months and now back to the Planning Board with another set of fully designed plans.  Other towns only require a two deep layout which reduces the engineer’s time and expense put into the project.

Selectman Jim Doggett who is also the Vice Chairman of the Planning Board spoke on how it has not been three years but just over one year since it was denied by the Planning Board.  The Planning Board already explained that they do not accept conceptual drawings; for to accept or deny the plans they need to know what they are accepting or denying.  Frankiewicz responded that you can do that with a two dimensional plan.  Doggett responded that is not the way the Planning Board operates.  

Doggett added that the Planning Board needs a set of drawings to send to the Zoning Board of Appeals to show them what issues were found and the basis for any denials; that this is due process; and everyone is required to do the same.  Frankiewicz responded that to require a fully engineered plan can cost up to 20 to 30 thousand dollars on a chance that they may get a variance which is not reasonable to ask anyone unless they know they can put what they want on the property.  Frankiewicz stated that he cautioned Coleman for if the variances are not approved then all this money is gone into a project that will never be, the money would be wasted.

Doggett responded that the Planning Board handles all applicants equally however most clients don’t come in with plans so egregious.  Doggett added that today he was presented with pictures taken by the Town Assessor that shows that Rte 125 Development Corp is currently doing things that fell under a cease and desist in the past.  Doggett stated that at this time he recommends serving another cease and desist to prevent the continuance of the gravel operation; junkyard operation; and stockpiling of materials.  In the past the Town served a cease and desist on a different area on the same lot which is now being done again.  Frankiewicz responded that he is here to talk about the process and what can be done about it.

Doggett moved to serve a cease and desist on Coleman McDonough to stop the gravel operation and stockpiling of materials brought in from offsite.  Burrill seconded for discussion and added that although Doggett has a report in front of him he would like Code Enforcement present it to the Selectmen.  Doggett stated that he has no problem presenting it to Code Enforcement since he just received it this evening.  There is a potential that they are interfering with the wetlands which is an aquifer recharge area for a large portion of this town.  Donovan agreed to have Code Enforcement look at it and come up with a recommendation for the Selectmen.  Doggett added that the pictures show activity that is not allowed on that land and the land in which this activity is taking place is under Current Use.  Therefore, Doggett asked to put a cease and desist on the property operation while Code Enforcement investigates and comes up with a plan for remediation.

Coleman McDonough responded that this was not a subject planned on being discussed tonight but will address it; the land is out of current use and Coleman’s Attorney spoke with Building/Code Enforcement Ron LeMere about bringing in additional materials because he had to crush gravel for the roadway reconstruction for there was a full re-depth reconstruction of the roadway, to the depth of 2 feet for about 1500 feet.  

Chairman Donovan had to leave the meeting briefly to go to the Fire Department and feels we should hold a meeting to review due process with all three Boards.  Doggett responded that this could not be put on hold for two weeks until we meet again.  Foote recommends we hold off until we can talk to Ron LeMere to see if the stories jive.  Doggett responded that LeMere does not have the ability to approve this activity but it would be the authority of the Planning Board to issue a permit.  Coleman responded that he was told different from Ron LeMere that Planning Board has nothing to do with it.

Donovan suggested that Town Administrator Wrigley speak with Ron LeMere and if the information is different than what we are hearing from Coleman McDonough then the Town issue a cease and desist.  Coleman added that testing was done prior to the materials coming onto the site and Ron had full control.

McDonough added that this is what happens in a Planning Board meeting, we are talking about an apple and an orange comes up and nothing gets done.  This is now taking away from the meeting and the reason why we are meeting tonight.
Vote on the Cease and Desist:  Doggett aye; Donovan, Foote, Burrill and Gonyer voted no until they get more information.

Donovan motion to have Town Administrator Wrigley talk to Ron LeMere tomorrow and if he did not get permission then we can serve the cease and desist.  Second by Doggett.  Coleman added that he will forward the documents on the testing of the material.  Motion passed with a unanimous vote.

Doggett recognized the Assistant to the Planning Board Rick Milner.  Milner stated that he would like to answer the question from Selectman Burrill.  The Planning Board has worked with several representatives of the developer in good faith and has given instruction and advice on how to proceed with the project.  Now the Planning Board is working with a second engineer on this project.  The Planning Board is obligated by law to proceed in a certain manner and under the Town ordinances, site plan and subdivision regulations.  The Board is not by law allowed to streamline the process and to overlook aspects of a plan and in order to make an informed decision they need all the information per many expert opinions.  If a plan set is being delayed it is because the rules and regulations are not being followed which requires extra process, variances or waivers or to make sure they are followed.  Ideas or concepts that do not follow the town’s regulation take more time.  The Planning Board has been upfront with all applicants with explaining the process ahead of time.  Self inflicted delays by not following the rules and regulations would not allow the process to move forward in an efficient manner.  Milner added that there have been a wide variety of self inflicted issues at this site that the Board of Selectmen is aware of, not created by the Planning Board.

McDonough responded that as an applicant he has followed every rule and regulation and talked about how in the past a member of the Planning Board changed the zoning and it was just brought to the Planning Board’s attention which makes his property nonconforming.  Coleman disagreed with the statement made that all must follow the same procedure for he is the only one who has had to submit a full set of plans at the onset and then must go to the Zoning Board of Appeals which sets him back financially as well as the time factor.

Burrill responded that what Chairman Donovan motioned earlier is the best path, no one is asking to over look the law or bend the rules but thinking as a taxpayer not knowing the history seems like something is broken and getting together as representatives of town boards may help the process.

Burrill motioned to put a meeting together, an invitation to the other two boards, Zoning Board of Appeals and the Planning Board in the month of September.  Second by Foote.  This discussion will not be specific to a single case.  Doggett added that the Planning Board a few months back talked about a joint meeting with the Zoning Board of Appeals to dovetail the process.   Motion passed with a unanimous vote.

  • Approval of Minutes (Review prior to meeting)
  • Selectmen’s Public Meeting minutes dated August 18, 2015
Foote moved to approve the Selectmen’s Public Meeting minutes dated August 18, 2015.  Second by Burrill with a unanimous vote.

  • Selectmen’s Nonpublic Meeting minutes dated July 28, 2015 and August 18, 2015
Burrill moved to approve the Selectmen’s Nonpublic Meeting minutes dated July 28, 2015.  Second by Foote with a unanimous vote.

  • Scheduled Business
  • Cont review of Procedural Defect Meeting per RSA 31:5-b
Burrill gave an update per the original letter from the State of NH Department of Revenue Administration (DRA) received a couple of weeks ago.  The Board of Selectmen received a letter from DRA that there are two procedural errors on the bond for the new fire truck.  The Selectmen have reached out to Town Counsel and Bond Counsel who helped prepare the final documents for the bonding and we are waiting on feedback on the town’s position.  If we follow the position from DRA the town would end up having to hold a public hearing followed by a special town meeting vote.  DRA’s position does not seem feasible and very expensive to the town and from what we are hearing from counsel, the town followed the spirit of the law.  Opinion letters are being obtained from both Attorney’s and Burrill recommends we set a meeting with a member or two of the Selectmen, the two attorney’s and someone from the legislature to decide on our options.  A legal option may be necessary but we need more information.  

Doggett agreed to hold the meeting as soon as possible.  The Board agreed to meet next week and Burrill will help set the meeting.

  • Cont review FD Building Repairs: 8 Merrimac and 35 South Main Street
Mike Pivero, representative from the Fire Station Building Committee was present to talk about options for a potential new fire station.  Pivero stated that the purpose to be in front of the Board of Selectmen is to jointly get a direction on where to go from now to putting a warrant article together.  Pivero explained that he has been on a couple of board reviewing the repurpose of these buildings and because of economic restraints each committee has taken different paths with different opinions.

Pivero added that he is presenting three options tonight and with the options there has been talk about closing Station 2 but in his opinion with the options presented tonight you will never see Station 2 close.  

Option 1 when generating the numbers has been a joint group effort and mostly done by the Fire Chief for the cost to rehab the existing Central Fire Station.  Work that needs to be done is a new heater, windows, lights, driveway apron work on the front and side with a cost from the engineer alone of approximately $20,000.  Building needs insulation, roof and other miscellaneous repairs for it is an old existing structure.  Summary at best you could put $80,000 into the existing building and would never get it completely functional but not ADA compliant.    

The building does not fit the criteria to get EOC grant funds for the repairs.  $80,000 might get you ten years of life in the building but we are also unaware of any unknown costs.  Selectman Foote added that if the rehabilitation is more than 51% of the building then it is mandatory that it be ADA compliant or you are just throwing money away.  Pivero responded that it is all 100% rehabilitation.

Option 2 is a rehab at 8 Merrimac Road to include the existing building and the garages across the driveway from the Police Department.  Work includes a complete rehab of the existing building, selective demo, rework the existing garage doors, sheetrock, existing space, new heater, lighting, paint, siding, new 30x40 two story addition.  New addition would house the radio room, Fire Department Administrative Offices, bathroom, EOC Office, kitchen and multi-purpose training room.  Second floor would be used for future expansion.  Couple positives with this option are that you would be eligible for grant money and have future growth due to the size of the lot and location.  The only drawback is the entrance from Merrimac Road needs an upgraded; the apron is less than desirable but would need to be addressed regardless of any rehab.

You will probably get 20 years out of this building before needing any potential upgrades.  Approximate cost is $400,000 and is a rough budgetary number which if you divide it by 20 years it is $20,000 per year.  All committees that have looked at 35 South Main Street have come up with no good fit for the existing station therefore the logical thing to do is to sell the building with the benefit to offset the cost of the upgrade at 8 Merrimac Road.

Option 3 is the most desirable to build a new fire house at 8 Merrimac; five bays, eligible for grant money, get just what you want within reason, functional, upgrade the entrance from Merrimac Road.  No average statistic on the life of a fire house, after researching it you can get approximately 50 years and the approximate cost is north of 1.8 million over 50 year is $36,000 per year.  

Summary:  Option 1 is the cheapest but you will never be compliant and small time frame that you will get out of it and will need to be addressed again.  Option 2 is the best bang for the buck, middle ground to reinvest in the town infrastructure.  Option 3 is the most expensive but longer duration.

The committee is looking for direction from the Board in order for the committee to conduct additional research.  Selectman Burrill added that we are not signing up for any option tonight just deciding on which option to give direction to the Fire Station Building Committee.    

One caveat, if option 2 is chosen tonight would be prudent to get at least an engineer evaluation of the property to give an opinion of the building.  One of the first committees had an architect come in who said it was not a usable structure.  

Burrill moved to direct the Fire Station Building Committee to pursue more detail on Option 2.  Second by Doggett.  Doggett added that option 2 makes the most sense with the land to expand.  At 35 South Main Street we would be confined at that location.  Gonyer added that this does not include the end bays that are currently in use therefore additional space with potential use.  Pivero responded yes potential use for some department.  Doggett added to have a structural engineer give an opinion is wise and prudent.  Motion passed with a unanimous vote.  

Gonyer motioned to authorize the committee to have an engineer to do a survey of the building to determine if it is feasible.  Second by Foote.  Burrill added to direct the committee to come up with a quote from an engineer to give an opinion.  Pivero responded that it could potentially cost $5,000 and would like to make it happen before the next selectmen’s meeting, if the Board would approve funding not to exceed $4,000.  

Gonyer motioned to amend the previous motion authorizing the committee to hire an engineer to survey it and provide us with feasibility as long as it does not exceed $4,000 for this service to be paid out of general government.  Second by Doggett.  Pivero asked to take control over the hiring of the engineer and oversee the work being done.  Motion passed with a unanimous vote.

Trisha McCarthy asked if the town’s bid policy changed because if we go to $4,000 then we need to come back in front of the Board with sealed bids.  The Board clarified that this is not to come back in front of the Selectmen with bids but to hire an engineer to complete the work.

Burrill moved to amend the prior motion, not to exceed $3,499.99.  Second by Gonyer with a unanimous vote.

Town Administrator Wrigley added that regardless we need to get a quote on the roof at Central Fire Station.  The Board agreed to get a quote in order to move forward with this repair.

  • Fire Dept resignations from Lieutenant Zakkary Castellano and Lieutenant Ryan Higgins effective August 31, 2015
The Board skipped this item for the evening.

  • Cont review Employee Training
Office Manager Winglass stated that the Board asked for an update at every meeting regarding employees sign up for training.  Winglass prepared a list of employees and those that responded are checked off for the date they will be attending a training session.  

Burrill added that by next meeting we need to have all employees signed up for a training session.  If employees are not signed up by next meeting then the Selectmen will contact the employee.  Selectman Burrill will prepare a letter to be signed and mailed out to all employees who have not signed up for a training session.

Doggett asked to sign Representative Allen for the October 7th training session.
Foote asked to sign him up for the October 6th training session

  • Cont review PTO Policy Committee
Burrill opened the discussion stating that the last time we met we did not have a full board therefore it was tabled until tonight.  

Doggett stated that this is a perplexing issue and feels the Board of Selectmen should do the work and make a decision, putting it out to a committee seems like we are putting it off.

Doggett motioned to not have a committee and put it on the next agenda with all five selectmen and will make a decision.  Second by Foote.  Donovan responded that he agrees but would also like to send out letter to those who signed up thanking them and let them know that the Board is going to make a decision.  Gonyer stated that she still thinks the committee is a good idea, the idea of the committee is to have those experienced in Human Resources help prepare a recommendation.  Gonyer added she is not educated in Human Resources and would take a lot to go out and learn what our residents and employees already know and their input is valuable.  Burrill agreed with Gonyer and added that we are not asking the committee to make a decision just give their educated opinion/advice and the diversity of the committee would be valuable.  This committee is to potentially revamp the PTO Policy for all town employees.  Donovan added that you might as well put it out on a warrant article to let the town’s people vote.  Gonyer responded that the committee is not making any decisions just giving advice to the Board.  Foote added that he feels the Board should address the original issue that started this process, the employees concern and once that is settled then we can revamp the policy.  Burrill replied that it was agreed to look into the whole policy for in his opinion the part time PTO policy should be based off the full time PTO policy; hard to look at one without looking at the whole policy.  Donovan added that the Selectmen wrote the policy not a committee and if you are having a committee look at this policy then you should have a committee for every policy.

Doggett added that he has been on the Board for a year and a half and we have been discussing PTO; it has been at least a year if not the entire time and need to come up with a date, make a decision and move on.

Doggett rescinded his motion.  The last vote was a tie vote with one member not at the meeting; Rick Milner advised the Board to consider the reason we have five members is to make decisions.

Doggett suggested we take the information that the Board had at the meeting with a tie vote and have all five members vote on it to make a decision.

October 6th is the next meeting with all Selectmen.

Donovan added that he is in favor of the Selectmen working on revamping the policy.  Foote asked who is doing the research in order to make a decision.  Gonyer added that the committee should be doing the research.  Doggett added that we are going into our busy season with budgets and warrant articles, deliberative session, elections therefore he recommends we hold off until next year.

Doggett motioned to table the PTO from any agenda until May 2016.  Second by Burrill.  If individual board members want to look into it and work with the Town Administrator but between now and then we hold off.  Gonyer added that she has no problem with the committee looking at the policy with a recommendation for next year.  Rick Milner talked about the role of the Selectmen to make the decisions and move forward even if the vote is 3-2.  Mike Pivero suggested having the committee comes up with their findings by May 1, 2016 therefore doing both at the same time.  Trisha McCarthy added that as a prior Selectman she understands this time of year and the additional duties of the Selectmen  but the bottom line this is a Selectmen job unless you hire professional HR members to the committee; she does not think HR is committee work.
Vote: Doggett and Donovan aye; Burrill, Foote and Gonyer nay; Motion failed.

Donovan polled the Board to sit down and have a work meeting to hash this out and make a decision.  Gonyer cannot do it in the next couple of months.  The Board voted on the poll by Donovan:  Burrill no, Doggett yes, Donovan yes, Gonyer no, Foote yes.

The Board scheduled a work meeting to review the town PTO policy on November 9th at 6:30pm at the Town Hall.  

  • Quotes for Coded locks at the Town Hall
The Board reviewed a quote for coded locks for the interior offices at the Town Hall from Sergeant Mike Jewett in the amount of $1,319.00.  Coded locks are used at the Police Station, Fire Station and Town Beach which gives easy access to safety personnel in case of an emergency.  Coded locks on all town buildings is a cost savings as some locks are changed once a year due to  turnover of employees/elected officials.  The Board is starting to change all town buildings to coded locks.

Burrill moved to expend $1,319 on coded door locks for the interior town hall.  Second by Gonyer to be paid out of the general government budget improvements line item.  Motion passed with a unanimous vote.

  • Cont review of Surplus Equipment
An email went out to all departments giving them one last chance to give notice of any item to be added to the list; no response for additional items.

Burrill moved to sell the older swim platform.  Second by Donovan.  Motion passed with a unanimous vote.

Oil tank is stored in one of the sheds at the Transfer Station; swim platform is at the sand/salt shed.  Department heads were asked to take a look at the miscellaneous office equipment already in the surplus pile to see if any department could use any of the items.

The old Emergency Management car will be added to the list of surplus equipment; Foote will forward all information on the vehicle.  Doggett asked the Police Chief if he has anything to get rid of at his property; Chief responded no.

A complete list and pictures will be prepared for the next meeting.

  • 2015 Paving Quotes
Mike Pivero, Road Agent was present to talk about his recommendation for 2015 paving projects that are in line with the road evaluations report.  Paving has been tailored back this year due to this past winter hitting the budget hard therefore cannot do what was anticipated to be completed this year.  Still waiting for FEMA reimbursement from the blizzard back in February which should be coming soon and if it does not hit the books by the end of the year then it does not offset the budget this year.

Pivero received two bids from Brox Industries at $82 per ton and Bell & Flynn at $85 per ton for top wearing course on Heath Street and an overlay on Meadowview Drive.  Meadowview Drive was not anticipated for a couple of years but this past winter it unraveled and the overlay will help over the next few years until a complete rebuild.

There is a $1,800 difference between the two bids; scheduling is what is driving Pivero’s recommendation to go with Bell & Flynn.  Funding is from the 2013 Highway Block Grant and the 2015 Highway budget paving funds as long the town gets the FEMA reimbursement otherwise block grant funding will be used.

Pivero added that the paving will be for approximately 550 tons at a total cost of $51,000 recommended subcontractor is Bell & Flynn who is a very reputable company out of Exeter.

Doggett motioned to award the bid to Bell & Flynn for the 2015 paving projects.  Second by Foote with a unanimous vote.

  • Announcements
  • Other Business, Sign Manifests, Requisitions, Abatements, Tax Credits, Correspondence and Appointments
  • Doggett moved to sign the Vendor Manifest dated 8/28/2015 for the pay period 8/9-8/22.  Second by Foote with a unanimous vote.
  • Doggett moved to sign the Vendor Manifest dated 8/31/2015 in the amount of $42,564.94.  Second by Foote with a unanimous vote.
  • Doggett moved to sign a Welfare Manifest dated 8/25/2015 in the amount of $260.00.  Second by Foote with a unanimous vote.
Burrill announced that Town Day is on October 3rd and we are in need of volunteers.
Town Administrator Wrigley informed Burrill that volunteers under 18 years of age need a sign off from their parent/guardian and no background checks are required for a one day event.  It was recommended to have an appointment and a badge for volunteers.  

We need to look at mowing the field at 8 Merrimac Road for it is very high and we need to get ready for town day and the firework display.  Mike Pivero asked to let him know what needs to be done and he will take care of it.  For budgeting purposes we should look at mowing this area twice or three times per year.

  • Adjourn
Doggett motioned to adjourn at 9:52pm.  Second by Burrill with a unanimous vote.

Respectfully Submitted,

Mary Winglass, Office Manager