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Written by webmaster
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Monday, 22 November 2004 |
Board of Selectmen
Minutes
October 12, 2004
Official as of November 23, 2004
Call to Order
Chairman Bryer called the meeting to order at 6:03 p.m.
Roll Call
Present: Chairman Scott Bryer, Selectmen Lucy Edwards, Selectmen Janet
DiPaolo. Tammie Beaulieu, Town Administrator; Jessi Leavitt, Executive
Secretary.
Citizen Forum
No public present for comment.
Acceptance of Minutes:
Public: 8/31/04, 8/17/04, 8/3/04, 9/7/04, 9/28/04
Non-public: 7/6/04, 7/20/04, 8/3/04, 8/17/04, 9/7/04, 9/15/04, 9/28/04
The Board of Selectmen reviewed past meeting minutes.
**Motion**
6:04 p.m. Janet DiPaolo motioned to approve the minutes of August 3,
2004 as submitted. Selectmen Edwards seconded the motion and
Chairman Bryer seconded 3-0.
**Motion**
6:06 p.m. Selectmen DiPaolo motioned to approve minutes of August
17, 2004 with corrections. Selectmen Edwards seconded and made
unanimous by Chairman Bryer 3-0.
**Motion**
6:09 p.m. Selectmen DiPaolo motioned to approve minutes of August 31,
2004 as amended. Selectmen Edwards seconded the motion and
Chairman Bryer made the vote unanimous 3-0.
**Motion**
6:11 p.m. Selectmen DiPaolo motioned to approve minutes of
September 7, 2004 as amended. Selectmen Edwards seconded the
motion and Chairman Bryer made the vote unanimous 3-0.
**Motion**
6:31 p.m. Selectmen Edwards motioned to approve the minutes of
September 15, 2004 as amended. Selectmen DiPaolo seconded and
Chairman Bryer made the vote unanimous 3-0.
Appointments and Public Hearings:
6:35 p.m. - Fire Chief George Ashford - Support Company Workers Compensation
(Primex Rep may be in attendance)
Present: George Ashford and Pete Sheffer, claims manager of Primex
Chairman Bryer asked Mrs. Beaulieu to update the board as to the nature
of the appointment. Mrs. Beaulieu explained that Kevin Madison
informed her that the auxiliary member's title of the Fire Department
has been changed to support company per his discussion years ago with
Compensation Funds of NH (currently Primex). This change was due
to discussion with Primex stating that if the members were titled as
Support Company they would be covered under workers compensation.
Mrs. Beaulieu contacted Mr. Sheffer to confirm and he stated that the
support company would not be covered. Mr. Ashford was concerned
that the support company would not be covered because they participate
heavily with the fire/rescue department. Mr. Ashford stated that
when he first became Chief about six years ago, they were told at that
time that to have them covered under the town's workers compensation
coverage they would have to make them members of the fire
department. He further explained that the support company is a
great asset to the department and at times they are at risk for injury
while assisting the department. The department has required that
they fill out applications and background checks as well as attend
trainings in the same manner as fire fighters. Since then, he has
been informed that the members are not covered. He stated that he
was told by a representative of Primex that they do not cover "people
who serve coffee". Mr. Ashford stated that he finds that
statement very offensive.
Mr. Sheffer stated that the town is covered by Primex for their workers
compensation. They have been providing this coverage from
1979. The have always interpreted the statutes is that volunteer
firefighters and special police officers are covered under workers
compensation whether they are paid or not. They are covered at a
special rate. It has never been interpreted to cover support
groups or the women's auxiliary. Mr. Sheffer stated that he was
the representative that suggested the company does not cover those that
"serve coffee". He apologized for offending Mr. Ashford. He
explained that the statute has never been clarified to state what
auxiliary is. Primex provides coverage for those that are
actually involved in fighting fires or on the rescue team therefore,
the volunteers who are not paid are not covered by workers
compensation. Mrs. Beaulieu asked if they would be covered if
they received a stipend. Mr. Sheffer stated that police, fire,
and rescue are covered if they are acting in an official capacity
whether paid or not. He explained that someone who actually
fights fires or performs emergency services is covered. Mr.
Ashford stated that they aid the firefighters and rescue teams.
Mr. Sheffer stated that he is not disputing that the support company is
important to the department. Chairman Bryer stated that if an
applicant completes and application and the board approve them as
members, would they not be covered under the workers compensation
plan? Mr. Sheffer stated that they need to be firefighters, EMT,
or police officers. Chairman Bryer stated that under RSA 281:a,
II it specifies definitions of employee and under the RSA it includes
volunteers and auxiliary members as employees. He feels there is
some ambiguity in the statutes. Mr. Sheffer confirmed that it is
their interpretation of the statute that support members are not
covered. This interpretation has never been challenged in court.
Mr. Ashford asked Mr. Sheffer to explain his definition of a fire
fighter. Mr. Sheffer stated he does not have a specific
definition of a fire fighter.
The board recommended contacting the NH Department of Labor and the
Local Government Center to establish if there is another interpretation
of the statute. Mrs. Beaulieu agreed to research and relay her
findings to the Selectmen.
7:00 p.m. Jim Wilson - Harmony Hill Road
Mr. Wilson was not able to attend this meeting.
7:00 p.m. Naomi Twombly - Complaints
Present: Naomi and Frederick Twombly.
Ms. Twombly met with the Selectmen to discuss complaints regarding
processes taken by the Planning Board. She explained that she has
been working on a site plan with the planning board for years and
information has continued to change during the process which is making
it very difficult to complete her plans. Ms. Twombly gave the
board copies of a letter stating that the applicant (Twombly) seeks to
subdivide 64 acres into six new building lots. Ms. Twombly stated
that it will be five lots since she is living on one of them.
Ms. Twombly informed the board that she has been trying to complete
this process for a few years. She was informed by Pat Bell that
everything was in order. At that time, Mr. Bell requested that
she issue a check to the town in the amount of $539 for the application
fee and she would be able to proceed from that point. However,
after the check was cashed she was informed that there would be
additional requirements before she could move forward. She since
then had to re-submit the plans, which are expensive. She
complained that the driveway was not reviewed as it should have
been. She is upset that information seems to be changing every
time she tries to move forward with her plans. She would like to
be able to have the plans signed. Selectmen DiPaolo stated that
it was her understanding that two months ago Ms. Twombly was ready to
move forward as soon as the Road Agent viewed the driveway. Ms.
DiPaolo stated that the Road Agent did not move forward as he believed
it would be a conflict of interest since his father lived next to the
property and that he would have someone else review the driveway.
Ms. DiPaolo asked if that was ever completed. Ms. Twombly
confirmed that it had not. Selectmen DiPaolo reiterated that she
was held up due to the elected official not completing the
process. Ms. Twombly also complained that she hired an engineer
for the road specifications only to find out that the town's engineer
has to double check the hired engineer's specifications. She
asked who the town engineer is at this point. The board explained
that at the time SEA Consultants was the town's engineer, however, the
town is in negotiations with a new engineer. Selectmen DiPaolo
feels that it has been difficult for Ms. Twombly to receive fair
representation from the town due to the fact that she has personal
differences with the Road Agent. She also feels that two and a
half years is much too long of a process and it is a disgrace to the
town. Selectmen Edwards stated for the record that Ms. Twombly
was in this process for one year with her surveyors before it was
brought to the planning board. She understands that a year and a
half is a long time; however, she does not feel that the time frame
mentioned by Ms. Twombly of two and half years for processing is not a
fair time frame to put on the planning board of the Town of
Northwood. The board discussed the process to the best of their
knowledge. Mrs. Beaulieu explained that the Selectmen have
a specific process once she receives written confirmation from the
Planning Board or an approved subdivision that will have a class V
road. The planning board has not approved yet due to conditions
that must be met. The board took a five minute recess to speak
with the Planning Board to confirm what Ms. Twombly must do at this
point to move forward. Chairman Bryer stated that upon
information received from the planning board who was also meeting
tonight, if the town accepts the new engineering firm and the bond is
in place then the Planning Board will sign the Mylar. However,
they did say that Ms. Twombly was given an option to include the cost
of the culvert in the bond. Ms. Twombly stated that the culvert
had to be cleaned out and head walls installed. They have been
cleaned out and are in the process of having the head walls installed.
**Motion**
7:30 p.m. Selectmen DiPaolo motioned to have Ms. Twombly submit a
bond and have the town engineering firm review according to town
process. Chairman Bryer seconded the motion and Selectmen
Edwards passed the vote unanimously 3-0.
Ms. Twombly stated that she has already submitted $2,450 on August 16
for the town engineering firm to review the road. She requested
that the Selectmen find out what the funds she paid to the planning
board were applied to and she feels that she should not have to pay the
fee twice. The board stated that they will
research. Chairman Bryer apologized for any inconvenience that
she has experienced.
**Motion**
7:40 p.m. Selectmen DiPaolo motioned to enter non-public session
under RSA 91-A:3,II (c). Selectmen Edwards seconded and Chairman
Bryer made the vote unanimous 3-0.
**Motion**
8:25 p.m. Selectmen Edwards motioned to exit non-public session.
Selectmen DiPaolo seconded the motion and Chairman Bryer made the vote
unanimous 3-0.
**Motion**
8:25 p.m. Selectmen Edwards motioned to seal the non public
minutes. Selectmen DiPaolo seconded and Chairman Bryer passed the
vote 3-0.
**Motion**
8:25 p.m. Selectmen Edwards motioned to accept the proposal from
DL Docko to complete Harmony Hill road corner area per written proposal
and recommended to the Selectmen from the Highway Advisory Committee
and the Road Agent. Selectmen DiPaolo seconded the motion for
discussion. DiPaolo stated that because this is a safety issue
for the townspeople she is voting in favor, however, she strongly feels
that the process taken by the Road Agent and the time frame in which it
was submitted is not acceptable to her. She feels that there is
no other choice and she is forced to vote in favor due to safety
concerns. Chairman Bryer passed the vote unanimously 3-0.
The board reviewed the consent calendar.
Mrs. Beaulieu stated that the first item of the consent calendar,
"Special Meeting Warrant" should read "General Election Warrant".
Jessi Leavitt made the change in wording on the consent calendar.
Selectmen Bryer stated for the record that as noted in the minutes of
September 14, 2004 he did inform the board that he would not be in
attendance for the special town meeting due to prior commitments for
his job. Although he would like to be in attendance at the
special town meeting, it is cost prohibitive for him to change his
flight plans.
The board agreed to table discussion on the 2005 town holiday schedule until the next Selectmen meeting.
The board reviewed a purchase order submitted from the Road Agent for
Fillmore in the amount of $26,100. Selectmen DiPaolo stated that
as a board member she is not pleased with the position she has been put
in by the Road Agent regarding last minute purchases for road work that
she believes should have been done earlier in the year. She
stated that she has no choice but to approve the purchase order due to
public safety.
**Motion**
9:00 p.m. Selectmen DiPaolo motioned to enter non-public session
under RSA 91-A:3,II (a,c,e,). Selectmen Edwards seconded and
Chairman Bryer made the vote unanimous 3-0.
**Motion**
10:15 p.m. Selectmen Edwards motioned to exit non-public session.
Selectmen DiPaolo seconded the motion and Chairman Bryer made the vote
unanimous 3-0.
**Motion**
10:15 p.m. Selectmen Edwards motioned to seal the non public
minutes. Selectmen DiPaolo seconded and Chairman Bryer passed the
vote 3-0.
**Motion**
10:16 p.m. Selectmen Edwards motioned to allow Chairman Bryer to
sign the representation agreement with Baldwin, Callahan and Hogan for
the Zoning Board of Adjustment for legal services.
**Motion**
10:18 p.m. Selectmen DiPaolo motioned to sign the consent
calendar with the exception of the 2005 Holiday Schedule.
Selectmen Edwards seconded and Chairman Bryer made unanimous 3-0.
Gulch Mountain Pond
Mrs. Beaulieu informed the board that a letter was received from Donna
Lafond regarding the dam at Gulch Mountain Pond. Ms. Lafond would
like to be put on the next selectmen agenda. The board received
copies of the letter to review prior to next meeting
Budget Deadlines
Mrs. Beaulieu informed the selectmen that she has dispersed the
department budget worksheets to each department head for review with a
deadline of October 21, 2004.
Driveway Permit Process
Mrs. Beaulieu stated that she has received applications for driveway
permits that the Road Agent would like to discuss with the Board of
Selectmen. The board agreed to postpone discussion until they
meet with the Road Agent.
Tax Deeded Properties
Mrs. Beaulieu informed the board that the Tax Collector submitted a
list of properties for tax deeding. The Building Inspector/Code
Officer has visited the properties and has submitted his findings as to
the condition of the properties. Mrs. Beaulieu asked if the board
would like to visit the properties. Mrs. Beaulieu informed the
board that the properties must be taken for deed unless there is a
hazardous waste condition. Mrs. Beaulieu has not been informed of
any hazardous waste condition on any of the properties available for
deeding.
**Motion**
10:20 p.m. Selectmen DiPaolo motioned to accept tax deeding of
Map 108 Lot 18 Clifford Bane, Map 122 Lot 72 Tom Chan, Map 228 Lot 22
Daniel Coyle, Map 230 Lot 82:59 Paul Dusseault with additional research
to be completed on Map 246-7 Kempton, Map 113- 23:2INT Champagne, Map
108-2BLD Barrows, and the interest freeze on Carlton's property.
Selectmen Edwards seconded the motion and Chairman Bryer passed the
vote unanimous 3-0.
Computer Networking Issues
Mrs. Beaulieu informed the board that prior administration had
requested that the Network Managers install a new back up program on
the server. This would enable the Network Managers to
verify from their modem that the back ups are successful. This
was never installed and the estimated cost is around $500. The
board feels that back ups are very important and that Mrs. Beaulieu
should move forward with this program.
Assessing Appointment Updates
Mrs. Beaulieu informed the board that Sue Serino, Assessing Technician
has submitted an update as to the schedule for property inspection's
taking place. Appointments will be scheduled on Monday mornings
and Tuesday evenings.
Building Department Budget
David Hickey submitted a breakdown of over run of his budget as
requested by the Selectmen. Mrs. Beaulieu explained that the
breakdown was as of July 31, 2004. She asked Mr. Hickey to submit
a more current analysis. Mrs. Beaulieu stated that per her
analysis, if the department activities do not change, the department
should be $1, 334 over budget. It is not likely that the
department activities will not increase.
Highway Advisory Committee
Mrs. Beaulieu informed the board that a letter was received from Marion
Knox, Secretary of the Highway Advisory Committee stating that when the
Board of Selectmen gives them up to date information to review, then
the committee will meet again. Chairman Bryer stated that he has
missed one meeting since his tenure on the committee. Mr. Bryer
will contact Ms. Knox to inform her when he will meet with the
committee again.
Sanitary Survey Deficiency
Mrs. Beaulieu informed the board that she received a sanitary survey
deficiency report from the Department of Environmental Services.
There is a seal crack on one of the manhole cover that is allowing
small rodents to enter. Don Arsenault informed Mrs. Beaulieu that
he will put sealant on the crack.
Ellis Ring - Lakeshore Farm
Jessi Leavitt informed the board that she has created the flowage
easement for the property of Lake Shore Farm. The easement was
mailed to Mr. Ring due to the fact that he would not be able to pick it
up from the Town Hall to sign and have notarized. Once Mr. Ring
submits that original it will be recorded with the town clerk and a
check in the amount of $1.00 will be issued. Mrs. Beaulieu
explained that after this is received, the town can move forward.
However, the town can not move forward until they received a proposal
in writing from DL Docko for the culvert work.
Processing in the future for all flowage easements is as follows:
a flowage easement will be created by the Selectmen's Office.
Once created, the applicant must come to the town hall to sign the
original and have it notarized. Upon completion, the applicant
will receive a check from the Town of Northwood in the amount of
$1.00. The executive secretary will then send the easement to the
registry to be recorded.
OIT Technical Agreement
Mrs. Beaulieu informed the board that she received a letter from the
Department of Safety regarding the OIT Technical Agreement for the
safety project. The board reviewed the form.
**Motion**
10:43 p.m. Selectmen DiPaolo motioned to allow the Chairman to
sign the OIT Technical Agreement for the Department of Safety to
participate in map program. Selectmen Edwards seconded and
Chairman Bryer made unanimous 3-0.
Tax Rate Setting
Mrs. Beaulieu stated that Selectman Lucy Edwards will be attending tax rate setting on October 14, 2004 at 1:00 p.m.
**Motion**
10:45 p.m. Selectmen DiPaolo motioned to allow Selectmen Edwards
to sign the applicable tax rate setting forms during the meeting with
the Department of Revenue Administration on October 14, 2004.
Chairman Bryer seconded and Selectmen Edwards made unanimous 3-0.
Special Town Meeting
Selectmen Edwards and DiPaolo confirmed that they will be in attendance at the Special Town Meeting at 5:30p.m.
Audit
Mrs. Beaulieu informed the board that Jessi Leavitt contacted Mason
& Rich regarding audit reports for the town report. John
Lyford of Mason & Rich informed Jessi that the chance of the audit
being available by town report deadlines is highly unlikely due to the
GASB - 34 requirements.
Issuance of Town Transfer Station Permits
Mrs. Beaulieu stated that she received a suggestion by Sue Serino,
Assessing Technician, to have transfer station permits act as beach
passes as well. Mrs. Beaulieu explained that it is a wonderful
idea and the only passes that would be issued separately would be for
non residents.
**Motion**
10:49 p.m. Selectmen DiPaolo motioned to implement a new policy
to allow Transfer Station permits to act as beach passes and
non-residential beach passes will be issued as necessary.
Selectmen Edwards seconded and Chairman Bryer made unanimous 3-0.
David Church Update
Mrs. Beaulieu updated the board that she contacted town counsel
regarding David Church's request for additional driveway. She has
informed Mr. Church that he will need a written plan defining his exact
plans on the class VI section of the road. Mrs. Beaulieu will
update the selectmen as she receives additional information.
Health Insurance Update
Mrs. Beaulieu informed the board that she received the employee health
benefit cost update from the Health Insurance Trust. The increase
in dental insurance is 3.6%; life insurance is the same; medical
insurance premium increase is 17.1%.
**Motion**
10:52 p.m. Selectmen DiPaolo motioned to adjourn. Selectmen
Edwards seconded the motion and Chairman Bryer made unanimous 3-0.
Respectfully submitted,
Jessi Leavitt
Executive Secretary
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