OcroBER 5, 201 5 - The Town of Goffstown, New Hampshire Official

TOwx
OF GOpFSTOwN
BONnn OF SpTpCTMEN MgpTING
OcroBER 5, 201 5
Tbwn of Goffstown
BOARD OF SELECTMEN
16 MAIN STREET
GOFFSTOWN, NH 03045
497-8990 x100 o FAX 497-8993
Oct. 5r 2015
AGENDA
SELECTMEN MEETING
CALL TO ORDER
PLEDGE OF ALLEGIANCE
pm 1. Acceptance/Gorrection of minutes: 9128115 public and non-public minutes
6:02 pm 2. Presentations & Announcements
6:10 pm 3. Public Gomment
6:20 pm 4. Public Works Director Adam Jacobs re: cutting hazardous tree in town
6:00
right-of-way on scenic road
6:30
pm 5. 2016 SpecialArticle Presentations:
a.
b,
c.
Crispins'House
Goffstown Main Street Program
Goffstown Conservation Commission re: Milfoil
pm 6. 2016 Budget Deliberations
8:00 pm 7. Town Administrator's Report
7:00
a.
b.
c.
d.
8:10
Selectmen 2 Week Meeting Schedule
Consensus Folder
Correspondence
Setting the 2015 Property Tax Rate
pm 8. Selectmen Discussion
a. Committee Reports: None
b. New Business: No submissions
c. Old Business: Action Matrix
9 NON-PUBLIC SESSION RSA 9l-A:3 ll (a)compensation
ADJOURN by 10:00 pm
The public is cordially invited to attend.
Except for schedu'"0 o.u?'1",.1".11'î?r.?'lr.'1:t-tïi.r.^.tl:."?"n0" are approximate'
Any person with a disability who wishes to attend this public meeting and needs to be provided a
reasonable accommodation in order to participate, please call the Town Hall (497-8990 x100) at
leastT2 hours in advance so that arrangements can be made.
Town Administratorts Report
October 5r 2015
CALL TO ORDER
PLEDGE OF ALLEGIANCE
pm 1. Acceptance/Gorrection of minutes: 9128115 public and non-public minutes #l
6:02 pm 2. Presentations & Announcements:
a. Presentations:
. Jim Bouchard for service as Sewer Commissioner from 1996-2015
. Tina Daniels for service as a Supervisor of the Checklist for 9 years
. Scott Gross for facilitating donation of table and chairs from State Farm
#2b
b. Announcements:
. UNH Road Scholar Program announces that Ryan Kenney has achieved
the status of Road Scholar
. Drawdown of Glen lake/Gregg Falls starting Oct. 25th
6:10 pm 3. Public Comment
#4
6:20 pm 4. Public Works Director Adam Jacobs re: cutting hazardous tree
6:00
I
in town right-of-way on scenic road
6:30
pm
5
a.
b.
c.
pm
8:00 pm
7:00
Special Article Presentations:
Crispins'House
Goffstown Main Street Program
Goffstown Conservation Commission re: Milfoil
201 6
6
2016 Budget Deliberations (please bring your budget books)
7
Town Administrator's Report
a. Selectmen 2 Week Meetinq Schedule
Weds. 6:30 pm EDC
Thurs. 7:00 pm Planning Board
106 Vice Chairman Lemay
Sel. Adams
106
Mon. HOLIDAY - COLUMBUS DAY
Sel. Adams
Tues. 6:00 pm Sewer Commission Room 106
b. Consensus Folder
. Employee Status Report: CFFII increase
. Event Permits: Friends of RailTrail - Ski & Skate Sale 11114115 at P&R
.
.
Room
Center; Halloween Safety Day 10125115 9:30 am - 2:00 pm at
Hannafords; Annual Crop Walk on 10125115 at 2:00 pm
Revised MS1
Tax Collector deeding list for unpaid 2012 property taxes: 6 requests for
payment agreements; 6 scheduled for tax deeding.
Motíon needed.
#7c
Goffstown Main Street Program request that Town Hall be open for Art
Showoff on Oct. 17th 8:30 am - 4:00 pm and Oct. 18th 9:OO am - 3:00 pm
Response from Town Engineer Meghan Theriault re: pursuing design
engineer for errors and omissions
Settinq the 2015 Propertv Tax Rate
This item was postponed from last week to have a full board discussion
regarding the use of fund balance to set the tax rate. We are in a default
budget year. ln the past our auditors have advised us not to use fund
balance to offset the operating budget but rather for one-time large
purchases. With we revised revenue numbers due to expected FEMA
monies and the correction of the MS1, the town side of the tax rate will
increase 12 cents if no fund balance is used.
c. Correspondence
o
.
d.
Ro m
Town Administratorts Report
October 5, 2Ol5
Suggest that we use UFB in 2016 as a vote from surplus for some CIP onetime items such as the Uncanoonuc Dam Repair and SCBAS.
Motion needed (to use or not úo use UFB) to set the 2015 tax rate.
8:10
pm 8. Selectmen Discussion
e.
b.
c,
9.
Committee Repofts: None
New Business: No submissions
Old Business: Action
Matrix
NON-PUBLIC SESSION RSA 9l-A:3 ll
ADJOURN by 10:00 pm
#8c
(a)compensation
#9
GOFFSTOWN BOARD OF SELECTMEN
MEETING OF SEPTEMBER 28,2075
In attendance were Chairman Peter Georgantas, Vice Chairman Mark Lemay, Selectman Collis
Adams, Selectman Allen Brown, and Town Administrator Sue Desruisseaux.
Absent: Selectman Gross.
6:00 pm CALL TO ORDER by Chairman Georgantas.
The Board said the Pledge of Allegiance.
APPROVAL OF MINUTES
Town Administrator Desruisseaux said she had some corections. On the first page, in the first
and in the third motions, roll call vote is repeated twice. One should be removed from each
motion. Also, on page 5 regarding the RFP for Grasmere Town Hall, it should say the siding
would be "primed" not "prepated" at the factory.
Vice Chøirman Lemay møde ø motion to øccept the public ønd non-public minutes to the
Board of Selectmen meeting of September 21, 2015, with the corrections stated. Selectman
Brown seconded the motíon. VOTE: 4-0-0. All infavor. Motion cørries.
ANNOUNCEMENTS
Thank You Letter:
Chairman Georgantas read a letter thanking Officer Jacqueline Pelletier for her presentation at
the Town Clerk Association Annual Conference from Bedford Town Clerk Lori Radki. The
letter states the presentation, "Personal Safety: Risk Awareness and Risk Reduction" was very
well received and was the best program heard in years.
Traffic Alerts:
Chairman Georgantas read the traffic alert regarding Hooksett Road.
"The Goffstown Department of Public Works announces road reclamation, gravel installation
and paving on Hooksett Road, starting Wednesday, September 23rd. The road will be down to
one lane from 7AM - 5 PM, while the Town is working in this area. Hooksett Road will be open
to all traffic, but SIGNIFICANT delays should be expected ¡n the work zone due to the narrow
width of the existing road and ongoing construction work. DPW highly recommends using an
altemate route until work is completed. Please note gravel surface will remain through the
weekend until paving can be scheduled for next week. This notice, project updates, and plan are
posted on the Towns website www.goffstown.com. Go to Department of Public Works
Construction Projects. Please contact Meghan Theriault, Goffstown Town Engineer, at 603-4973671 x 280, with any questions."
Chairman Georgantas also read a traffic alert regarding Black Brook Road.
"The Goffstown Department of Public Works announces a detour on Black Brook Road from
Cinnamon Drive to Tinell Hill. The detour will start Tuesday, September 29th, and is effective
Tuesday through Friday from 7 am to 5 pm until further notice. Due to road construction on
Black Brook Road, local residents within the work zone will be allowed access in and out, but
delays should be expected while construction work is ongoing. You can go online to see the
detour routes. This notice, project updates, and plan are posted on the Towns website
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GOFFSTOWN BOARD OF SELECTMEN
MEE,TING OF SEPTEMBER 28,2075
w\¡/w.goffstown.com. Go to Department of Public Works Construction Projects. Please contact
Meghan Theriault, Goffstown Town Engineer, at 603-497-3677 x 280, with any questions."
PUBLIC COMMENT-There was no public comment
TOWN ADMINISTRATOR'S REPORT
Selectmen Weekly Meeting Schedule
Town Administrator Desruisseaux said there are no other meetings this week.
Consensus Folder
Town Administrator Desruisseaux said there is an Event Permit for Lemay Beef & Sons October
Fest Cook-off and BBQ on October 4, 2015 and a Right to Inter for Audet at Westlawn
Cemetery Section 1988, Lot 25. Chairman Georgantas said the last time Lemay's had an event
there was a parking issue along Daniel Plummer. Has that been addressed? Town Administrator
Desruisseaux said she's not sure. She will have to check the folder.
Selectmøn Adams msde ø motion to øccept the Consensus folder. Selectman Brown seconded
the motion. VOTE: 4-0-0. All ínfavor. Motion caruíes.
Correspondence
Request from Police Chief - Per Diem Food Allotment:
Town Administrator Desruisseaux said there is a request from Chief Browne for approval of a
per diem food allotment of $200 each for three employees who attended the CALEA Conference
in Colorado this summer. This was hve days and equates to about $40 per day. Selectman
Adams said he doesn't mind reimbursing people for money they spend on meals. But to estimate
how much they are spending wouldn't stand up to any audit. He'd like more information. At a
lot of conferences breakfast, lunch, and even sometimes dinner is free. How do we know this is
the proper amount and this would never stand up to an audit? Vice Chairman Lemay said they
could bring back the slips. Town Administrator Desruisseaux said that is what normally
happens. But the Chief thought the Town's order of no water, coffee, etc. for employees fell
under that. Selectman Adams said he's not buying that. Chairman Georgantas said he'd like to
come up with a policy. Town Administrator Desruisseaux said we have a policy to get receipts.
But because of the previous action of the Board, they thought it applied to conferences.
The Board's thinking was to table the discussion and find out if there are receipts and an agenda
for the conference.
Selectman Adams made a motion to table this discussion pending further information.
Selectman Brown seconded the motíon. VOTE: 4-0-0. All infavor Motìon cøruies.
Zip Code and 8911 Draft Letters
Town Administrator Desruisseaux said draft letters to USPS and to residents are enclosed in the
Board's packets. Prior to sending these letters, I propose we schedule a meeting with
representatives from USPS,8977, the phone company, Board of Selectmen, Fire Chiel Police
Chief, IT, and the Town Administrator to fully discuss the problem and all possible solutions.
Then maybe we can get an agreement on how to proceed. Once you send the letter, the time
starts ticking.
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GOFFSTOWN BOARD OF SELECTMEN
MEETING OF SEPTEMBER 28,2015
Chairman Georgantas said the letter has to be in by a certain time. If we drag it out, it puts it off
another year. Town Administrator Desruisseaux said they have to give a decision within 60 days
of receiving the letter. She would anticipate a response that they only visit these issues once
every ten years. She'd rather work with them to see what the solution is. You don't need to go
through the Postal Service to change the road names. If people knew it was a road name change
or azip code change, people may have voted differently.
Vice Chairman Lemay read from a memo that stated the letter must be received by December for
proposed changes to take place by July of the following year. Selectman Adams said he thinks
they should be there to explain to the people of Goffstown why it can't be done. It's a safety
issue. Chairman Georgantas said we can all be there and make this a public meeting. Town
Administrator Desruisseaux said it's a public meeting but not a public hearing. We won't take
input from citizens at this time. The Board's consensus was to set a meeting date to discuss the
problem and solutions.
SETTING THE PROPERTY TAX RATE
Town Administrator Desruisseaux said The NH DRA is totally electronic. The process to set the
tax rate usually opens up the first of October, but you have to get into the queue to be able to do
that. You have to be ready to set the tax rate. There is one decision the Board needs to make.
All the other information is there now. We did get revised numbers today for the Room and
Meals tax. The State provides that and the Highway Block Grant. If we don't use any fund
balance, because we are in a default year, the Town side of the tax rate will go up 15 cents.
Chairman Georgantas said he remembers the auditor saying the fund balance was pretty healthy.
Town Administrator Desruisseaux said it is healthy. We had planned on using some of that
money had the budget passed, but the budget did not pass. Typically, when in default budget, we
don't spend any money except when voted in surplus. We did have surplus for the fire
apparatus. We did use $200,000 to fund the capital reserve fund for the fire apparatus because
we voted on that. What she is talking about tonight is the amount to be used attax rate setting.
The County tax rate is going up about $.09. The School hasn't finalized their State funds yet.
But the State School rate looks like it's going down .08 cents. The local School rate looks like it
will increase about .93 cents. It will take about $200,000 to level it from our side.
The Chief said we are getting a FEMA grant and that wasn't included in our revenue. If that
comes through, it will reduce the Town side of the tax rate. Chairman Georgantas said that
would bring the increase down about $.05. It was a good message from voters last year that they
didn't want any tax increase.
He asked if there is any idea what we'd be returning. Town Administrator Desruisseaux said the
auditor had said the surplus was about $368,000 for 2013. Chairman Georgantas said he's for
level funding it. Selectman Adams asked, if we use it to level fund, does that mean we aren't
going to use it for any other special projects. Chairman Georgantas said we'll have the special
articles coming up. Town Administrator Desruisseaux said the more you use, the wider the gap
in terms of leveling it. She might have more information next Monday when the Chief has his
report. The Board's consensus was to table the discussion until next week when there could be
additional information and a full Board present.
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GOFFSTOWN BOARD OF SELECTMEN
MEETING OF SEPTEMBER 28,2015
INTERLOCAL CONTRA
PURCHASING
Fire Chief O'Brien said he was seeking permission to enter into an agreement for cooperative
purchasing using the Houston-Galveston area consortium. This is a national purchasing program
that allows communities to be able to utilize bids that have been procured through this
consortium to save time and money. It depends on the product you are purchasing but the
amount of equipment is enticing for us. It covers SCBAs, rescue tools, ambulances, and fire
apparatus. This contract allows us to become a member at no cost to us. They work with the
vendors out there and submit bids. If you've already worked with a certain vendor, you can look
at their bid and develop a price of that base bid. If it works for you, you sign an agreement and
purchase through the consortium. The city of Concord has purchased from them and Keene is
looking at it also. He proposes they enter into an agreement and see if they can save some
money. There are no promises with this program, and we are not agreeing to buy everything on
their list.
Town Administrator Desruisseaux clarified that it doesn't preclude them from going out to bid
on something, but can be used as a comparison. Chief O'Brien said that is correct, but the
savings would be in the time spent to develop an RFP and realizing you only have I or 2 vendors
because we are a small purchaser in the scheme of things. In this program the RFPs go out
annually and you already know their base bid price.
Selectman Adams clarified that they could still go out to bid and compare prices with this
consortium. Chief O'Brien said that sort of happens now. When we go out to bid we compare
vendors and also check with other towns to see what they have done. We look at this program
and see if there is any cost savings. There is no commitment to purchase any number of vehicles
or pieces of equipment. It will give us more vendors to compare for the vehicle we might be
looking for.
Chairman Georgantas asked if there were similar programs out there. Chief O'Brien said this is
the biggest one he knows of. Many vendors use this because they put their best bid in the
program, knowing it will be looked at nationally. Town Administrator Desruisseaux asked how
they make their money. Chief O'Brien said they include in their agreement with the vendor a set
fee for the purchase of an item. Vice Chairman Lemay asked if the Police Chief could be
included in this process. Chief O'Brien said he's aware of the process. Looking at the bid price
of the Interceptors he's been lookingat, he's aware they are very competitive. As long as the
contract is with the Town of Goffstown, they are included. It automatically renews at the end of
the year.
Selectmun Adams msde a motíon thøt the Town Administrator move forward with the
agreement. Vice Chaírman Lemøy seconded the motion. VOTE: 4-0-0. All infavor. Motion
carries.
Town Administrator Desruisseaux clarified that it is the Chairman who is to sign the agreement.
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GOFFSTOWN BOARD OF SELECTMEN
MEETING OF SEPTEMBER 28,2015
SELECTMEN DISCUSSION
Committee Reports:
Planning Board
Vice Chairman Lemay said the Planning Board had a site review and conditional permit for 8
School Street for a building there. A major issue was on-street parking. The way it was written
is that on-street parking would not be allowed. The PSNH plan on Mast Road wants to add a
900 square foot building to make it almost 1800 square feet. Both applications were passed. He
has the papers and information if anyone wants to see it. It was a short meeting.
Conservation Commission
Selectman Brown said he covered that meeting. They didn't meet. They only had two people
Human Resource
Town Administrator Desruisseaux said we did have a town-wide HR committee meeting. It
wasn't our subcommittee. Selectman Gross was there. Chairman Georgantas said they will keep
that in the matrix so they can hear from Selectman Gross.
HDC
Vice Chairman Lemay said they met with the Fire Inspector and the Fire Chief to discuss the
engineering analyst and what they can do to protect the fire escape. Phil D'Avanza came up with
the idea of how to meet the fire code. He suggested blocking the windows with hreproof glass,
3/8 inch sheet rock and an aluminum frame. The proposed quote for this work was $3,500. The
HDC took a vote to recommend to the Board of Selectmen that they continue on with this line of
work. The cost would be paid in full by the Grasmere Town Hall Restoration Fund. We are
looking to get the building squared away and the fire escape legal so we can allow functions to
be held there.
Phil D'Avanza,of the HDC explained there are three windows where the hre escape is, where
you could have smoke. Looking at the opposite side of the building where the stage is, there are
two windows that have been closed in with siding. If you look the frames are still there. Where
the fire escape is, we are looking to close in one on the second floor. It will match what is on the
other side. There are two windows on the lower side at Merri-Loo. It does need some light and
a2 x2 window could be framed in with fireproof glass on the inside. At some point in time, that
could be taken out and windows put back in if we need to. We'd save the windows and not
destroy the frames. Chairman Georgantas asked what this accomplishes. Vice Chairman Lemay
said a fire won't blow out the windows and hinder people from going from the first to the second
floor. They will have a clear shot.
Chairman Georgantas asked about structural repairs to the f,rre escape. Vice Chairman Lemay
said the HDC is getting quotes for the lighting on the fire escape and also making plans to repair
the fire escape. Phil D'Avanza said they have to identify what needs to be done to repair the fire
escape. The report doesn't identify what to do to the fire escape to go from the 75 to 100 square
foot capacity. We need to identify what needs to be done structurally to accomplish that. Town
Administrator Desruisseaux said that is the structural analysis by the structural engineer and his
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GOFFSTOWN BOARD OF SELECTMEN
MEETING OF SEPTEMBER 28,2015
oversight of the project. The quote is for the work of the structural analysis. Phil D'Avanza said
that is his understanding.
Selectman Adams said so at this point they have identified the deficiencies and this would be an
estimate of what take to correct the deficiencies? Phil D'Avanzasaid, no, it is to identify what
needs to be done so we can correct it. It is not to do the construction. Where does it get us?
There are a handful of things that need to be addressed. The biggest one is a post on the small
railing that is on the steps to the stage. Then we will have assembly usage upstairs. Town
Administrator Desruisseaux said the standing capacity is 224 and the capacity with tables and
chairs is 107. She doesn't know the capacity with just chairs. Chief O'Brien said he assumes it
would be more.
Phil D'Avanza said it gets us to assembly usage but not ADA compliance. Any public meetings
the Town has there would have to be kept for the capacity downstairs, in case the meeting
needed to be moved downstairs. Vice Chairman Lemay said we discussed that we could
possibly have DPW remove some of the overage of brush and make the area look better. The
third floor has been cleaned. The RFP for the paint is going out. There was a discussion about
the colors. He asked about the color scheme. Town Administrator Desruisseaux said it was
attached to the HDC minutes. Chairman Georgantas summarized that they are looking to spend
$3,500. Does that include the window? Town Administrator Desruisseaux said it doesn't
include the window but is within their (HDC) scope to spend.
Selectman Adams made a molion that the Boørd of Selectmen üpprove the recommendatíon
from the HDC, in sn amount not to exceed 83,500 to accomplísh the work by SFC
Engineeríng to procure contract documents and coordinate with select contractors; to be paid
for with money from the Grasmere Town Hull Restoration Fund. Vice Chairman Lemøy
seconded the motion. VOTE: 4-0-0. AII inføvor. Motion carries.
Chairman Georgantas asked about the request from the HDC for authorization to move forward
with the structural work that needs to be completed. That is separate from the $3,500.
Selectman Adams møde a motion thøt the Bourd of Selectmen authorize the HDC to move
forward to select a bid process for the structural work to be completed, as identífted previously.
Selectman Brown seconded the motìon. VOTE: 4-0-0. All infavor. Motion carríes.
Vice Chairman said the historic markers for the St. Lawrence Church, St. Matthew's Church and
the Popcorn Stand are almost done. They will be ready shortly.
Town Administrator Desruisseaux asked about moving forward with the windows. Phil
D'Avanza said they need to get pricing and get all the information together.
New Business: No items submitted.
Old Business:
Action Matrix:
Chairman Georgantas said they are making headway on everything. They are waiting for the
Sewer Commission vacancy to be filled before scheduling a meeting. Town Administrator
Desruisseaux said Cathy V/hooten said they've had three people interested but she's not seen an
application.
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GOFFSTOWN BOARD OF SELECTMEN
MEETING OF SEPTEMBER 28,2075
Town Administrator Desruisseaux said she checked with the Assistant Town Administrator
regarding the scheduling of the meeting with the EDC. They will talk about their availability at
their October 7th meeting. Chairman Georgantas said this is getting old. It's almost two years
since we asked for this to be done. It's not acceptable. Town Administrator Desruisseaux asked
who would do the interviews. Who is going to meet with them? Chairman Georgantas said the
EDC already said they would do it. We were going to meet in September. Town Administrator
Desruisseaux said they have to check their schedules. Chairman Georgantas said its excuses and
it should be done.
Chairman Georgantas asked about the subcommittee meeting. Selectman Adams said they've
not yet scheduled a follow up meeting.
Chairman Georgantas asked how the Event Permit rewrite is going. Town Administrator
Desruisseaux said they need to meet with the Police Chief. She's not sure it addresses
everything. She didn't get an answer as to whether or not they want an ordinance for
solicitation. They did fundraising events under the old ordinance. You got the legal opinion that
we can't do that under that ordinance. It comes under a different RSA. Before we institute a
new Event Permit Ordinance, she needs to know if they want to regulate fundraising events. If
you do, both ordinances should be done at the same time. Selectman Adams said he's not
interested in regulating car washes and events of that type. We have other ordinances that
address parking, safety, etc. We don't need an ordinance for people raising money for good
causes. Town Administrator Desruisseaux addressed Christmas Trees on someone's lot.
Selectman Adams said he would feel different about someone doing it for profit. He's not
concerned with the non-profit. Town Administrator Desruisseaux said soliciting would be for
the fundraiser Christmas Tree Sales-Lions Club, for example. Any type of fundraising that
goes on wouldn't need a permit. The consensus of the Board was that they aren't opposed to
that. If they need to change it down the road, they can address it then.
Town Administrator Desruisseaux addressed the issue of the dog licenses. She said this really
belongs with the Town Clerk. They handle the dog licensing along with the Police Department.
She has not researched it. They have discussed it for years and no one has come up with a
solution. The Town Clerk's Association would be the appropriate place for legislation to come
from because they deal with it on a daily basis. The Board's consensus was to send this to the
Town Clerk Cathy Ball.
Chairman Georgantas said we have talked about the 911 issue. A meeting will be scheduled.
if the action matrix could have a column on the far left to number the
items sequentially to facilitate following along in the discussion. Town Administrator
Selectman Adams asked
Desruisseaux said she would add that.
BIIDGET
Library Budget
ATIONS
Chairman Mike Lawler, Vice Chair Suzanne Riel for the Library Board of Trustees, Chairman
and Library Director Dianne Hathaway presented.
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GOFFSTOWN BOARD OF SELECTMEN
MEETING OF SEPTEMBER 28,2015
Director Dianne Hathaway provided a snapshot of library services over the past year. On
average 53 new card holders are added every month. In2014 they added 625 new card holders
to their database. Without adding money to their budget, they've maximized the library services
by continuing to borrow and circulate books from the public schools. We openly share material
in their library consortium. Some items are floating, meaning they stay with us rather than being
sent back to the floating library. Home delivery service serves 12 members-2 in home and 10
at the Hillsborough County Nursing Home. The Library impacts every age with collections and
special events. 20 14 was their busiest year ever. This sunìmer 41 6 children and teens signed up
for the summer reading program. We offered 53 programs and events. We also offered a
summer program for adults. We keep busy with programming and books, but some customer
service gets lost in the shuffle. We assist people with registering with online classes and proctor
their exams when the times come. People come to the Library to print their boarding passes. We
help people looking for employment with writing cover letters, resumes and other job related
tasks. In June the Library was awarded the Lloyd Green Humanity Achievement Award by the
Goffstown Network for our outreach in the Goffstown Community. The 2016 Budget, as
approved by the Library board of Trustees represents a 2.55Yo increase over the 2015 Llbrary
Budget. This supports modest increases in a few lines. Selectman Adams asked who Lloyd
Green was. Director Dianne Hathaway said he was one of the first original founders of the Food
Pantry. He was the impetus for the Grow a Row program.
Vice Chair Suzanne Riel said regarding the wage items, they do expect a decrease because of
turn-over of two long-time associates. But we don't have that number yet. Chairman
Georgantas said the 2.55% increase is based on the old staff,rng. Vice Chair Suzanne Riel said it
is. She said the tuition line has a slight increase. This is that staff member's final year and it
does follow the Town's Personnel Policy. We are looking at an increase in books and
publications, mainly for digital and downloadable material. Furniture and Fixtures is also an
increase. In the past we received generous donations. But we can't rely on that and some needs
to be replaced. Library Chairman Mike Lawler said that number is currently $350 and that
doesn't go far. Vy'e have had to over spend that line.
Vice Chair Suzanne Riel said there are minor increases in computer costs. Heating oil is an
aveÍage determined by the Town but we decided to add to it because we have had to overspend.
Chairman Georgantas asked about the decrease in cost of heating oil. Chairman Mike Lawler
said the concern is when we have an incredibly cold year we have to pull something from
another line item because it wasn't adequately budgeted. We're talking $400 and it doesn't bring
you far. Town Administrator Desruisseaux said our rate is based on our heating season, not the
calendar year. In the fall you may have different rates. Vice Chair Suzanne Riel said electricity
is a 5Yo increase by Town formula. The Telecommunications includes the recommendations to
go from copper to hber. Director Dianne Hathaway said it's a conversation she's having with
Brian and Neil in the IT Department, so she put the increase in now. Vice Chair Suzanne Riel
said Programming includes a $1,000 increase. We are looking to do some programming outside
of our building. GMILC is based on demand usage growth and is an estimatedl.T% increase.
Chairman Mike Lawler said GMILC is a consortium they belong to that lets them borrow books
and material from another library.
It's like a computer just sitting on your
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GOFFSTOWN BOARD OF SELECTMEN
MEETING OF SEPTEMBER 28,2015
computer connected to the internet. V/e get a lot of bang for our buck with
have the final numbers on the wage line, we do expect a decrease.
GMILC. When we
Fire Department Budget
Chief O'Brien provided handouts of his presentation to the Board. He anticipates it will be
provided online for those interested. Pages 2,3, and 4 gives an idea of how the Fire Department
works-3 stations, 3 ambulances, 2 utility pick-ups, 2 rescue boats, a utility trailer, 4 engines, I
tower ladder truck, and 1 squad unit. As for personnel, we operate with a Deputy Chief of
Operations and Training, who will be speaking later. We are recruiting for a full-time Fire
Fighter/ EMT/ Paramedic. It will fill two vacancies that were vacated through retirement. V/s
have 67 call personnel. Our population hasn't increased beyond 18,000 and our population is
older. Increase for service calls is increasing.
Page 5 is the budget dashboard where we look at past and proposed budgets, and the change
between the 2015 and 2016 budgets. The Fire budget has an increase of 1.5%o and the EMS
budget has an increase of .4o/o. Emergency Management has an increase of $1,835, equating to
46.8%.
Page 6 is the personnel costs. Many are related to contracts, Medicare retirement changes, and
workers compensation and benefit changes. That equates to $23,815. Regular wages part-time
was initially $136,346. It was reduced to $100,000 in 2015. He's requesting $113,046 for their
increase in the average rate that is slowly creeping up over time. Special Detail wages was
doubled in anticipation of an increase in special details because of the elections coming up early
next year. Overtime was adjusted. We know how many hours we need to cover by overtime.
That rate has been adjusted downward with recent retirements of senior personnel. The
longevity line has also gone down because of retirements.
Chief O'Brien addressed operational costs. Physical examinations had a signihcant increase
because of substantial rate changes with their vendor. That has triggered a search for another
vendor, but we won't know for about a month. Training expenses reflects training costs for
courses for fire fighters. This past year we saw six of our call firefighters get hired elsewhere
and that gave us a big void. We have new members to train and send to school. The largest part
of the Operating supplies expense increase is the replacement of the rescue airbag system. It's
designed to lift heavy objects. Those we have no\À/ were purchased in the early 1990's and they
only have about a 20 year life span. Hose expenses include phasing in new nozzles for each
truck. Eachnozzle can cost up to $1,000. We are looking to do one apparatus per year. SCBA
equipment repair is because we don't know the status of the upgrade of the SCBAs. The change
is the fact that we have to send these older units out and it costs about $500 to replace the
electronics. It will still take time to make the purchase of the new SCBAs if the budget is
passed. We'll have these units for the better part of nextyear.
There are substantial decreases in commodities such as diesel fuel, gasoline, propane and
electricity. For fleet maintenance we try to check a three year average for each of the apparatus.
V/e adjust from there and that is why you see a slight decrease. Newer vehicles have helped
keep that aveÍage lower. Tires have a substantial increase because we have to increase a number
of tires on one of our larger apparatus-Tower I purchased in 2009. Equipment maintenance
Page 9
of
12
GOFFSTOWN BOARD OF SELECTMEN
MEETING OF SEPTEMBER 28,2015
has a $2,000 adjustment. When we switched to MUNIS there \À/as an Opticom Repair line. That
was adjusted to be placed in the Equipment Maintenance line. When we went to default, it was
never maintained in that line. So the $2,000 designated for Opticom Repair evaporated, in a
sense. We want to make sure that $2,000 is in the Equipment Maintenance line for the Opticom
maintenance and repair. We had a vendor in today repairing several of the units.
Facility Repairs includes installation of water bubblers at two stations and to look to do roof
repairs at Station 17. We hope to get the roof done this year but are watching the budget to see if
we can squeeze it in. The Fire Hydrant and Cistem line increased a little because of a rate
increase with Manchester Water Works.
Chief O'Brien reviewed the EMS lines. The EMS budget is drawn from the EMS Special
Revenue Fund, supported by the revenue we maintain through patient transports. It's not
maintained at all by tax funds. We increased regular wages for part time. Special duty was also
increased due to special events coming up. Professional dues was adjusted because we no longer
needed to pay some times. We are looking to revisit the rate increases. The training costs have
gone up. Operating supplies are those not replaced by hospitals when we drop off patients. So
we are on the hook for maintaining what is state mandated. There is an adjustment under
Telecommunications and under Radios. Vy'e are looking to purchase a new ambulance in 2016
and we like to put in a new radio in our new units. We keep the old radios for parts. Diesel fuel
was adjusted with the new rate. Fleet maintenance was adjusted to reflect the three year average.
Even if we do get the new ambulance funded, it may take up to one year to get the ambulance
built. We'll have to maintain the older unit we have. Equipment was adjusted. It fluctuates
every year depending on the equipment we plan on using. Chairman Georgantas clarified they
are staying with three ambulances, and not going with four. Chief O'Brien said they are staying
with three.
Emergency Management lines had a change in professional dues. Employee Development
includes $400 for training in Emergency Management. His plan is to apply for training for
certified emergency managers and for training needed for personnel. The equipment change is
for supplies and equipment, which may be a status board for the EOC (Emergency Operations
Center). The total Emergency Management increase was $1,835.
Chief O'Brien reviewed the capital budget items. For EMS, they are replacing an ambulance. It
is needed more now because we are busier. The current one has increasing problems. The two
trucks we use front line tend to go down longer for maintenance and mechanical issues. The cost
of the replacement is $230,000 with funding from the EMS Special Revenue Account.
Selectman Adams asked if this is an example of the Houston-Galveston Consortium. Chief
O'Brien said yes.
The frames and masks of the Self-Contained Breathing Apparatus is to replace 38 obsolete
SCBAs. It also replaces the rescue packs for fire packs and three locating receivers. The new
packs have technology to locate downed fire fighters. The total request is $240,000. The jaws of
life need to be replaced also. We currently have two sets. The oldest set was purchased in the
1980's and that will be replaced. The newer set is battery powered and has increased reliability.
This is a tool we need more than ever because new construction is designed to crumple. The cost
Page 10
of12
GOFFSTOWN BOARD OF SELECTMEN
MEETING OF SEPTEMBER 28,2015
is $40,000 for one set. The next item was presented to CIP to replace an engine in20I6. The
CIP moved that to 2017 and requested $225,000 be placed in the Capital Reserve Fund in 2016.
The Capital Reserve balance at the end of last month was $343,000.
He addressed the hre station improvement program. For a number of years they have been
bringing it up that the fire stations need to be renovated. We had a proposal years go to renovate
all three at once because there is a need. The warrant article didn't pass the super majority
required. The CIP thought a phased approach was w¿uranted and phased funding also. The first
station is the one on Church Street. It would include an additionalbay area and function areas,
improved heating and plumbing, functional office and crew areas, removal of underground fuel
tanks, removal of asbestos, lead, and PCB's, back-up EOC and communications, generator
upgrade that would power the whole facility, additional training areas, and a vehicle exhaust
removal system for the larger apparatus. This would add an additional 6,850 square feet of
space. This request is $2,300,000 which could be funded through a bond, a loan, unused fund
balance and grants.
Selectman Adams asked if the underground fuel tanks was for heating oil. Chief O'Brien said it
is. We have propane, and the tanks were buried ten years ago. The size is not that big. We use
it to fuel the heating units in the bays and we constantly have to fill them up. Selectman Adams
asked about the personnel costs, and special detail wages increase as related to the elections.
Chief O'Brien said he anticipates at least one debate at Saint Anselm's, which will include a fire
watch detail and EMT coverage. On top of that there will be other events we cover. This
amount is reimbursed 700Yo, which is reflected in our revenues.
Chairman Georgantas asked if the renovation is saving the old station to a certain extent. Chief
O'Brien said it is saving the old station. We are also looking at making the windows and
overhead doors more energy effrcient. There will be plumbing and electrical improvements also.
The office will take over where there is an existing door for the ambulance bay. The space to the
left will be for smaller vehicles, ambulances and the squad. Selectman Adams clarified that to
the right of center, where the current office area is, will be all new building. Chief O'Brien said
the archway is bumped out and creates an administrative pod in the center of the building. The
addition is on the right. Now the ambulances and the squad have to squeeze through a ten foot
bay and we have aYrinch clearance on each side from each mirror. V/e'll have to re-engineer
those doors. We are trying to reduce the size so they don't have to be repaired so frequently. If
you renovate more than half of the building, you have to bring the entire building up to code,
which is cost prohibitive. He's trying to prevent that. The current building is sprinklered and
has a fire alarm system and so will the new building be sprinklered with a fire alarm system.
Special Articles
Town Administrator Desruisseaux asked if the Board would like presentations made on the
special articles next week before you start your deliberations. We are talking about the Main
Street Program, Crispin's House and the Conservation Commission. The Board's consensus was
yes. Town Administrator Desruisseaux asked if they want presentations from the non-profits for
their requests. Chairman Georgantas said they would address that next week.
Page
ll
of12
GOFFSTOWN BOARD OF SELECTMEN
MEETING OF SEPTEMBER 28,2075
7:38 pm Selectmøn Brown møde a motion to enter non-publíc session
per RSA 9l-A:3
II
(b)
hiring.
Vice Chairmøn Lemay seconded the motion. Roll Call Vote: Chaírman Georgantøsaye; Vice Chairman Lemay-øye; Selectman Adams-aye; Selectman Brown-aye. VOTE: 4-0-0.
All infavor. Motion carries.
8:08 pm Vice Chairmøn Lemøy made a motion to exit non-public session. Selectman Brown
seconded the motion. VOTE: 4-0-0. All infavor. Motion caruies.
Vice Chsirman Lemøy møde ø motion to seal the minutes to the non-public meeting.
Selectman Brown seconded the motion. Roll Call Vote: Chairman Georgantas-aye; Vice
Chaìrmøn Lemay-øye; Selectman Adams-aye; Selectmøn Brown-aye. VOTE: 4-0-0. All ín
føvor. Motion caruies.
Vice Chøirman Lemay made ø motion to accept Chief O'Brien's recommendatìon for
conditíonal offer of employment as discussed. Selectman Brown seconded the motion. Roll
Call Vote: Chairmun Georgantas-aye; Vice Chairman Lemøy-aye; Selectman Adøms-aye;
Selectman Brown-øye. VOTE: 4-0-0. AII infavor. Motíon caruies.
8:10 pm Selectman Brown møde a motíon to adjourn. Vice Chairman Lemay seconded the
motíon. VOTE: 4-0-0. All infavor. Motion carries.
Respectfully submitted,
Gail Labrecque
Recording Secretary
Subject to approval by the Board of Selectmen.
Page 12
of
12
University of
New Hampshire
E
?b
EIV
Technology Transfer Center
Kingsbury Hall #W220
33 Academic Way
Durham, NH 03824
V:603.862.2826 / 800-423-0060 (NH only)
F:603.862.0620
TN:7.7 .7 (Relay NH)
September 22,2015
www.t2.unh.edu
Board of Selectmen
Town of Goffstown
16 Main Street
Goffstown, NH 03045
Re:
I
New Hampshire
Roads
Scholar
Roads Scholar Frogram
Dear Sirs and Madams
It is our pleasure to inform you that Ryan Kenney has achieved the status of Roads
Scholar One. The T2 Center has created the Roads Scholar Program to recognize various
achievement levels in our educational program for people who work in public works.
first achievement level of the four levels in the Roads Scholar
Program. It is distinguished from the other levels by requiring the completion of 25 contact
hours, at the learner's discretion. The typical training session yields five hours of contact,
Roads Scholar One is the
therefore an individual must typically attend fÏve one-day workshops to reach the level Ryan
has completed.
On behalf of the Technology Transfer Center, I am pleased to notify you of the extra
effort and commitment that Ryan has demonstrated in order to achieve this status. He deserves
to be congratulated for his persistence and drive to maintain a leading edge in the field of local
road maintenance and construction.
Sincerely,
ilaLTAP Director
/acb
cc
Ryan Kenney
The UNH Technology Transfer Center is sponsored by the Federal Highway Administration and the New
Hampshire Department of Transportation. One of the missions of the Technology Transfer Center is to
provide educational support for the people who build and maintain the nation's infrastructure.
2015 Drawdown of Glen Lake/Greggs Falls
Piscataquog River
NH DES has announced the annual fall drawdown of lakes and ponds controlled
by dams owned by NHDES. This year Glen Lake/Greggs Falls on the Piscataquog
River will be lowered starting Oct.25,2Ol5. It will be lowered by 1.5 feet from its
normal fulI depth. Lake drawdowns are conducted each fall to reduce winter ice
damage to shoreline properties and to reduce spring flooding. Drawdowns also
give property owners an opportunity to conduct any necessary repairs to their
waterfront property, provided they first secure a permit from the NHDES V/etlands
Bureau at (603) 271-2147. Generally, lake levels are allowed to return to the
normal fullpond level in the spring.
r{
Town of Goffstown
DEPARTMENT OF PUBLIC WORKS
Memorandum
To:
Board of Selectmen
From: Adam L. Jacobs, Director of PublicWorks
CC:
Sue Desruisseaux, Town Administrator
Re:
REQUEST TO CUT TREE AT 371 SHIRLEY HILL ROAD
The Department of Public Works was made aware of a dead hemlock tree in the
right-of-way at#371 Shirley Hill Road (Oak Rise Farm, near the intersection of
Magnolia Drive). I have verified thatthe tree is in fact dead, and would pose a
threat to the traveling public if il were to fall into the road. The tree is largerthan 15"
circumference, and therefore subject to normal state law regarding tree removal in
roadside rig htsof-way.
Shirley Hill Road has been dedicated as a Scenic Road and use of town forces to
remove a tree requires either prior public hearing and approval by the Planning
Board qf approval as a public nuisance by the Board of Selectmen (RSA 231:158,
lland 231:145-146).
The property owner, Mr. Yianakopolos, has indicated that if the Board of
Selectmen do not allow the DPW to remove the dead tree as a public nuisance, he
will remove it hímsetf (as authorized under RSA 231:158, lV) and avoid the public
hearing prooess at the Planning Board.
Due to the limited road shoulder in this area to allow safe work, and the fact that
the tree is within the right-of-way, I recommend that this tree be declared a public
nuisance and the Board of Selectmen give authorization to the DPW to remove
said tree.
@I
ELM STREET, GOFFSTO\¡/N, NH 03045
497-3617 FAX (603) 497-5700
www.goffstown.com
Public Worts (603)
Section 231 145 Removal of Certain Hazardous Trees.
Page
I of I
TITLE XX
TRANSPORTATION
CHAPTER 231
CITIES, TOWNS AND VILLAGE DISTRICT HIGH\ryAYS
Trees and Roadside Growth
Section 23lzl45
23tzl45 Removal of Certain H¡zardous Trees, -Notwithstanding the provisions of other
sections of this subdivision and subject to the provisions of RSA 231:157 and RSA 231:158, the
commissioner of transportation on class I and III highways, and state maintained portions of class II
highways, and the governing bodies of cities and towns and the county commissioners for
unorganized places on class IV, V, and VI highways and town maintained portions of class II
highways may declare any tree, either alive or dead, situated within the limits of highways, roads, or
sheets to be a public nuisance by reason ofdanger to the traveling public, spread ofhee disease, or
the reliability of equipment installed at or upon utility facilities authorized under RSA 231 :160 or
RSA 231:160-a, After such declaration by such authority and notice to the abutting landowner on
whose property such tree is located the said authority shall within a reasonable time remove the same
without compensation or cost to the abutter. However, no such declaration and notice shall be
required when the delay entailed by such declaration and notice would pose an imminent threat to
safety or property, including elechic transmission and distribution lines. Nothing in this subdivision
shall be construed to relieve the public utilify companies of their accepted responsibility of tree
trimming and tree removal for the protection of their lines, or for the construction of new lines, or to
alter the provisions of RSA 231:150-182 in any manner. The state and municipal authorities may
require of the public utilities owning lines which pass through or near a ffee or trees which are
condemned for removal as a public nuisance to assist in their removal at their expense by either the
temporarT removal of their lines or by causing to be removed at their expense the top portion of said
tree or trees from a point below their lines.
Source. RSA 253:6- a. 1959,135:1. 1981,87:1. 1985,402:6, I(bX3). 1991,134:1, eff. July 19, 1991.
2009,267:2, eff, Sept. 14,2009,2012,24:5,eff. May 2,2012.2015, 89:1, eff. Aug. 4,2015.
http://www, gencourt, st¿te.nh.uVrsa,4r tml/X)U23 L /23 I -l
45
.htm
10/y20r5
Section 23 I :l 46 Notice.
Page
I of
I
TITLE XX
TRANSPORTATION
CHAPTER 231
CITIES, TO\ryNS AND VILLAGE DISTRICT HIGH\ryAYS
Trees and Roadside Growth
Section 231¿146
23ltl46 Notice. -Notice to the abutting landowner of a tree declared a public nuisance shall be
given by delivery at his place of residence or by sending by registered mail to his last known address
and it shall clearly state the intention of removal of such tree. He may appeal to the superior court as
to the validity of such declaration within 30 days of delivery or mailing of said notice, and shall be
entitled to a speedy hearing. The final judgment upon every appeal shall be a deøee dismissing the
appeal, or vacating the declaration complained of in whole or in part, as the case may be; but in case
such declaration is wholly or partly vacated the court may also, at its discretion, remand the matter to
the said department, city, county, or town for such further proceedings, not inconsistent with the
decree, as justice may require. Following expiration of the aforesaid 30-day period of appeal, or
following waiver of said right of appeal, the abutting landowner is relieved of any liability or
responsibility in connection with the tree or trees declared a public nuisance and similarly is telieved
of any liability or responsibilþ in connection with any stump or stumps left remaining.
Source. RSA 253:6-b, 1959, 135:1. 1981, 87:1, eff. April 20, 1981.
http ://www. gencourt. state. nh. us/rsa/htmllXX/ 23 I / 23 I - 1 46.htßL
r0l1t20r5
Section 231:158 Effect of Designation as Scenic Roads,
Page
I of2
TITLE XX
TRANSPORTATION
CHAPTER æT
CITIES, TOWNS AND VILLAGE DISTRICT HIGH\ryAYS
Scenic Roads
Section 231:158
-
231:158 Effect of Designation as Scenic Roads.
I. As used in this subdivision, "tree" means any woody plant which has a circumference of 15 inches
or more at a point 4 feet from the ground.
IL Upon a road being designated as a scenic road as provided in RSA 231:157, any repair,
maintenance, reconstruction, or paving work done with respect thereto by the state or municipality, or
any action taken by any utility or other person acting to erect, install or maintain poles, conduits,
cables, wires, pipes or other structures pursuant to RSA 231:159-\89 shall not involve the cutting,
damage or removal of ftees, or the tearing down or destruction of stone walls, or portions thereof,
except with the prior written consent of the planning board, or any other official municipal body
designated by the meeting to implement the provisions of this subdivision, after a public hearing duly
advertised as to time, date, place and purpose, 2 times in a newspaper of general circulation in the
area, the last publication to occur at least 7 days prior to such hearing, provided, however, that a road
agent or his designee may, without such hearing, but only with the written permission of the
selectmen, remove trees or portions of trees which have been declared a public nuisance pursuant to
RSA 231:145 and 231:t46, when such trees or portions of such trees pose an imminent threat to
safety or property, and provided, further, that a public utility when involved in the emergency
restoration of service, may without such hearing or permission of the selectmen, perform such work
as is necessary for the prompt restoration of utility service which has been intemrpted by facility
damage and when requested, shall thereafter inform the selectmen of the nature of the emergency and
the work performed, in such manner as the selectmen may require.
III. Designation of a road as scenic shall not affect the eligibility of the town to receive
constuction, maintenance or reconstruction aid pursuant to the provisions of RSA 235 for such road.
IV. Designation of a road as a scenic road shall not affect the rights of any landowner with respect
to work on his own property, except to the extent that trees have been acquired by the municipality as
shade or ornamental trees pursuant to RSA 231:139-156, and except that RSA 472:6limits the
removal or alteration of boundary markers including stone walls.
V. A town may, as part of a scenic road designation under RSA 231 :I57 or as an amendment to
such designation adopted in the same manner, impose provisions with respect to such road which are
different from or in addition to those set forth in this section. Such provisions may include, but are not
limited to, decisíonal criteria for the granting of consent by the planning board or other designated
municipal body under paragraph II, or protections for trees smallet than those described in paragraph
I, designated for the purpose of establishing regenerative growth along the scenic road.
VL Any person who violates this section or any local provision adopted under this section shalt be
guilty of a violation and shall be liable for all damages resulting therefrom.
http://www.gencourt.state.nh.us/rshtml/XXl23
I
/23 I - 1 5 8.htm
r0lll20rs
Section 23 I :158 Effect of Designation as Scenic Roads.
Source. RSA 253:18. 197I,455:1. L973,586:2. 1981, 87:1. 1983, 122:2.
Page2 of2
t99I,134:3,4. 1992,160:2,
eff. July 5,1992.
http ://www.gencourt.state.nh.us/rsa/trtml/XX/231 /23 I -1 5 8.htm
l0nl20rs
o
1c
S
PROGRAM,INÇ
7 Main Street, Goffstown, NH 03045
603.497.9933 [email protected]
www. goffstown
m ai
nstreet.
o
rg
To: Town of Goffstown, Board of Selectmen
Event Permit Request for: Goffstown Giant Pumpkin Weigh-Off and Regatta
Dates: October 17 -18, 2015
The Goffstown Main Street Program's Giant Pumpkin'Weigh-off and Regatta is to be condúcted
in the same fashion as previous years.
Schedule:
October 17
:30 a.m. set up begins. Non-profit organizations and no more than 5 commercial vendors will
set up booths in the Main Street area, on lawns, the Common, Rotary Park, Lions Club popcorn
stand park, Weilbrenner park, Town Hall brick plaza, Church Street park, and in private
driveways. Businesses in the district will set up in front of their own places of business.
S
O
9 a.m. Event opens to public
- lI
a.m. giant pumpkins arrive to be weighed on Common. Trucks will queue on Church
Street to be slotted into parking spaces in front of Common. V/ill need police assistance at
9
Common.
8:30 a.m.
Noon
-
4 p.m. Town Hall opened for
Art Show-off
- 4 Mill Street closed for pumpkin boat building
4:00 p.m. booths close
l8
Sundgv- October
,
10:30 a.m. set up begins as above.
Noon
-
Event opens to public
Noon-4 p.m. Mill Street closed
9:00 a.m.
0
-
3 p.m. Town
3 p.m. Regatta in river
Hall opened for Art Show-off
and catapulting
Sue Desruisseaux
Meghan Theriault
Tuesday, September 22,2015 12:51 PM
Sue Desruisseaux
Adam Jacobs; Eric Gustafson
TE Grant 16029 - Pursue Change Order Costs from VHB
PartialVHB Contract to BOS.pdf
From:
Sent:
To:
Gc:
Subject:
Attachments;
Sue,
Per the request ofthe Board, Adam and I have looked into the Engineering Contract regarding the question over change
order expenses due to errors/omissions by the design engineer, VHB. Please see attached Sections 14, 76 and 19 of the
VHB Contract Terms and Conditions and information below related to this discussion:
.
Only Change Order #3 (value 516,640 - Town portion 53,328) and Change Order #4 (value Szsg
$ZS9) were due to errors and omissions on the plans by our design engineer VHB.
¡
Chanse Order#3 - lt is possible that the bid price for humus might have been lower if the original bid specs
included the full 700 CY quantity. During negotiations, we were told by the contractor that the S32/CY price was
based on using allon-site material, where some of the material must be purchased and delivered now with the
higher quantitiy. For this exercise I will assume a conservative S25/CY - which results in a savings to the Town of
< 51,000. This is arrived by calculating (700cy x S32lcy) - (700cy x $25lcy) = 54,900, Then 20% of 54,900 is 5980
which is the Town Share. lf we are then looking to split this additional cost with VHB that is S¿90 each.
o
Chanse Order #4 - The increase in foundation design is required by the project and was identified prior to any
construction or fabrication, therefore we do not feel as though there are any costs to recuperate on this change
-
Town portion
order.
Greg Bakos, VHB Project Manager, is on vacation until Sept 28th so he is not available to meet with, but I can draft up a
letter to him if the BOS would like us to pursue Change Order #3 further. The response that we anticipate from VHB is
that:
o
o
They did complete the plans with the proper "Standard of Care" per the attached contract.
The íncreases to the humus quantity and foundation size, if correct at the time of bidding, would have been part
oftheplansandspecs. Meaning,thisitemwasrequiredaspartoftheprojects'originalscopeofworkandisnot
a new/additional item.
¡
There have been no "lost or wasted monies" related to these change orders or work done by the contractor that
wasn't needed. Meaning, no work has been or will be redone or removed by the contractor. Allwork being
performed would have to be done even if these errors and omissions were incornorated correctlv into the bid
plans and specs from the beginning.
Again, lam morethan happyto write a letterand meetwith Greg Bakosof VHBto discussthis matter. lcan also
forward this email onto Attorney Drescher if the BOS would like his input first. After thinking this through since last
night and discussing this with Adam,
Trail contributionl from VHB. Again, some assumptions were made to get to that value, so we are open to any thoughts
you or the Board members might have. We will wait to hear back from you before moving forward on this matter.
Thank you.
Meghon Therioult,
P.E.
Town Engineer
1
PART
II
VANASSE HANGEN BRUSTLIN, INC.
TERMS AND CONDITIONS OF AGREEMENT
The engagement of Vanasse Hangen Brustlin, Inc. (VHB) by Client is under the following terms and
conditions. These terms and conditions are an integral part of the collective Agreement between Client
and VHB.
1
The fee estimate for the proposed Scope of Services is valid for 60 days from the date of Proposal.
2
Payment to VHB is the sole responsibility of signatory of this Agreement and is not subject to
third party agreements.
3.
All schedules set forth in the attached Scope of Services commence upon receipt of a signed
Agreement and, if requested, a retainer. All retainer amounts will be applied to the last invoice.
A RETAINER OF $ -O- IS REQUIRED BEFORE SERVICES CAN COMMENCE UNDER THE
AGREEMENT.
writing
4.
Requests for additional services and any associated fee adjustment must be authorized in
before additional services can begin.
5
hrvoices will be rendered monthly and become due upon receipt. Any invoice outstanding for
more than 30 days after date of invoice will be subject to a financing charge of 1,-1,/2 percent per
month.
6
Should it become necessary to utilize legal or other ¡esources to collect any or all monies
rightfully due tor services rendered under this Agreemenf VHB shall be entitled to full
reimbursement of all such costs, including reasonable attorneysr fees, as part of tl-ris Agreement.
7
Invoice payments must be kept current for services to continue. If the Client fails to Pay any
invoice due to VHB within 45 days of the date of invoice, VHB may, without waiving any other
claim or right against Client, suspend services under this Agreement until VHB has been paid in
full all amounts due VHB andf or any of its Consultants and Subcontractors. Sealed plans, final
documents, reports, and attendance at meetings/hearings will not be provided unless payment
for services is current.
If VHB is performing services for the Client under multiple projects, invoice payments must be
kept current on all projects for services hereunder to continue. Client acknowledges VHB's right
to suspend services and withhold plans and documents, as provided above, if payments are not
current on all projects. If services are suspended for 30 days or longer, upon resuming services
VHB shall be entitled to expenses incurred in the interruption and resumption of its services. If
services are suspended for 90 days or longer, VHB shall be entitled to expenses incurred in the
interruption and resumption of its services and fees for remaining services shall be equitably
adjusted.
The parties agree to coordinate invoices to assute timely payment. Among other things, VHB's
project managet and Client's representative will confer as often as reasonably necessary about
any issues that arise involving invoicing and collections. Client's representative will
contact VHB's project manager forthwith upon receipt of an invoice about any questions or issues
l9
concerning invoiced amounts. If Client's representative and VHB's project manager are unable to
resolve any questions or issues, Client's representative will line item any disputed or
questionable amount and pay VHB. VHB, at its option, may revise and resubmit disputed
amounts at a later date.
8.
VHB agrees to carry the following insurance during the term of this Agreement:
a
Workmen's Compensation and Employer's Liability Insurance in compliance with
statutory limits.
a
Comprehensive General Liability Insurance including Products Completed, Contractual,
Property, and Personal Injury coverage with combined single limits of $1,000,000 per
occurrence and $ 2,000,000 in the aggregate.
o
Professional Liability Insurance with a limit of $1,000,000 per claim and in the aggregate
a
Automobile Liability Insurance including non-owned and hired automobiles with
a
combined single limit of $1,000,000 per occurrence.
Certificates of insurance will be furnished upon request. If the Client requires additional insurance
coverage, and it is available, Client agrees to reimburse VHB for such additional expense.
9
The Client and VHB shall at all times indemnify and save harmless each other and their officers,
and employees on accourt of any claims, damages, losses, litigation, expenses, counsel fees, and
compensation arising out of any claims, damages, personal injuries andf or property losses
sustained by any person or entity, to the extent caused by the negligent acts, errors or omissions
of the indemnifytngparty, its employees, or subcontractors in connection with the Project,
and/ or under this Agreement,
10
VHB shall not be responsible for failure to perform or for delays in the performance of services
which arise out of causes beyond the control andf or without the fault or negligence of VHB.
11.
VHB shall be entitled to rely on the accuracy and completeness of data, reports/ surveys,
requirements, and other information required to be provided by Client under this Agreement.
1.2.
Client agrees to the fullest extent permitted by law, to indemnify and hold harmless VHB, its
officers, employees and sub-consultants from and against any and all claims, suits, demands,
liabilities costs, including reasonable attorneys fees and defense costs caused by, arising out of or
in any way connected with the detectiorù presence/ handling, removaf abatement, or disposal of
any asbestos or hazardous or toxic substances, products or material that exist on, about or
adjacent to the job site.
13.
VHB's services will be performed on behalf of and solely for the benefit and exclusive use of
Client for the limited purposes set forth in the Agreement. Client acknowledges that VHB's
services require decisions that are not based upon science, but rather upon judgmental
considerations. Client may not delegate, assign, suble! or transfer its duties or interest in this
Agreement without the written consent of VHB.
't4.
In the performance or furnishing of professional services hereunder, VHB, and those it is
responsible for, shall exercise the degree of skill and care customarily accepted as good
20
professional practices and procedures by members of the same profession currently practicing
under similar conditions in the same locality ("Standard of Care").
Consistent with this Standard of Care, the services shall conform to applicable laws, codes,
ordinances, and regulations of any governmental agency having jurisdiction over the project, at
the time services are rendered. VHB shall perform its services as expeditiously as is consistent
with the Standard of Care and with the orderly progress of the Work.
15.
1.6.
VHB shall not be required to sign any documents, no matter by whom requested, that would
result in VHB's having to certify, guaranty or warrant the existence of conditions whose existence
VHB cannot ascertain. Any certification provided by VHB shall be so provided based on VHB's
knowledge, information, and belief subject to the preceding sentence, and shall be given in VHB's
professional opinion consistent with the Standard of Care. VHB shall be compensated for any
work necessary to verify project compliance with regulatory standards for purposes of such
certification.
CHent hereby agrees that to the fullest extent permitted by law, VHB's total liability to Client and
any persons or entities claiming by, through or under the Client, for any and all injuries, claims,
losses, expenses, or damages whatsoever arising out of or in any way related to the Project
andf or this Agreement from any cause or causes including, but not limited to VHB's negligence,
errors, omissions, strict liability, statutory liability, indemnity obligation, breach of contract or
breach of warranty shall not exceed $50,000 (fifty thousand dollars).
17
All documents including Drawings and Specifications (whether in hard or electronic form)
prepared by VHB pursuant to the Agreement are instruments of service with respect to the
Project. They are not intended or represented to be suitable for reuse by the Client or others on
extensions of the Project or on any other Project, Any reuse by Client or a third Person or entity
authorized by Client without written verification or adaptation by VHB for the specific purPose
intended will be at the Client's sole risk and without liability or legal exposure to VHB; and the
Client, shall release, indemnify and hold harmless VHB from all claims, damages, losses and
expenses including attorneys' fees arising out of or resulting therefrom. Any such verification or
adaptation will entitle VHB to additional compensation at rates to be agteed upon by VHB and
the third person or entity seeking to reuse said documents.
If any information hereunder is provided in electronic format, Client recognizes that such plans,
documents or other information recorded on or transmitted as electronic media, including CADD
documents ("Electronic Documents") are subject to undetectable alteration, either intentional or
unintentional, due to, among other causes, hansmission, conversion, media degradation,
software error/ or human alteration. Accordingly, the Electronic Documents are provided to
Client for informational purposes only and not as record documents.
18.
To the extent permitted by law, VHB retains the copyright in all written work products, including
plans, specifications, calculations, computer programs/ and computer generated materials in any
form, produced in connection with the work under this agreement unless otherwise agreed to in
writing by an authorized VHB representative, Subject to Term No. 17 above, VHB licenses to
Client the use of all written work products, including plans, specifications, calculations, and
computer generated materials in any form, produced in connection with the work under this
agreement on a non-exclusive basis,
19.
All questions in dispute under this Agreement shall be submitted to non-binding mediation. On
the written notice of either party to the other of the election to submit any dispute under this
Agreement to mediation, each party shall designate their representative and shall meet within ten
2l
(10) days after the service of the notice. The parties themselves shall then attempt to resolve the
dispute within ten (10) days of meeting. Should the parties themselves be unable to agree on a
resolution of the dispute, then the parties shall proceed with mediation in accordance with the
mediation rules of the American Arbitration Association. The cost of mediation shall be borne
equally by both parties. This process shall be considered as a condition precedent to moving to a
more formal or judicial process.
20.
Notwithstanding any other provision of this Agreement, neither party shall be liable to the other
for any incidental, special, indirect or other consequential damages incurred due to the fault of
the other party regardless of the nature of the fault or whether it was committed by the Client or
VHB, or their employees, sub-consultants, or subcontractors. Consequential damages include,
without limitation, liability for loss of use of the Project or existing property, loss of profits, loss
of production or business interruption; however, the same may be caused.
21
In entering into this Agreement, Client has relied only upon the representations set forth in this
Agreement. No verbal warranties, representations, or statements shall be considered a part of
this Agreement or a basis upon which the Client relied in entering into this Agreement. No
statements, representations, warranties, or understandings, unless contained herein, exist
between Client and VHB.
22.
Nothing contained in this Agreement shall create a contractual relationship with, or a cause of
action in favor of, a third party against either the Client or VHB. VHB's services under this
Agreement are being performed solely for the benefit of the Client and no person or other entity
shall have any claim against VHB because of this Agreement. In addition, nothing herein shall be
construed as creating a contractual relationship between the Client and any VHB employee,
representative or consultant. The Client agrees that in the event of a dispute regarding this
Agreement or the services rendered by VHB hereunder, the Client shall only seek recourse
against VHB and waives any right to pursue a claim against VHB's individual directors, officers
or employees.
23
Any taxes or fees, enacted by local, state, or federal government and based on gross receipts or
revenues,
will be invoiced to and payable by Client
as an additional amount due under this
Agreement.
24
This Agreement shall be governed and construed in accordance with the laws of the
Commonwealth of Massachusetts.
25
VHB's commitments as set forth in this Agreement are based on the expectation that all of the
services described in this Agreement will be provided. In the event Client later elects to reduce
VHB's scope of services, Client hereby agïees to release, hold harmless, defend and indemnify
VHB from any and all claims, damages, losses or costs associated with or arising out of such
reduction in services.
26
Client understands that the requirements of the Americans with Disabilities Act ("ADA") are
evolving and will be subject to various, potentially contradictory interpretations and
applications. VHB will use its reasonable professional efforts and judgment to interpret
applicable ADA requirements and other federal, state and local laws, rules, codes, ordinances
and regulations as they apply to the project, VHB cannot and does not warrant or guarantee that
Client's project will comply with all ADA requirements or ADA interpretations.
22
OLD BUSINESS:
Mtß. Date Item
5 ACT|ON MATRIX (started sltlltsl
Description
Schedule
04/13/7s Budget Transfers
When CIP purchases are completed, BOS wants to transfer balances to the BOS contingency line; email
sent to Dpeartment Heads on 9/25/75
TBD
05/Ls/7s Grasmere Town Hall
Grasmere Town Hall - Sept. deadline to finish LCHIP project;
- monthly updates provided in HDC Summary; weekly updates to be provided by Vice Chairman Lemay;
- 8/3/!5 reguest for more info - what has been spent; what's left to be done; cost of fire escape repair; Update on Fire Escape? Discussion on9/28/L5 & apporvals to proceed
- RFP for exterior maintenance on 3 sides approved 9/2!/15; due date L0/2O/L5; report back to BOS
Sept. 2015
07/t3/ts
08/03/ts
0813L/ts
os/28/Ls
to/26/Ls
06/22/7s Sewer
Schedule Meeting with Sewer Commission - wait until vacancy filled
06/22/\s
EDC
07l2O/ts
HR
Schedule Meeting with EDC
EDC 70/7175 Agenda - schedule for meetings with real estate developers and real estate agents;
schedule meet¡ng with the BOS in Oct. for update
Established sub-committee (Collis, Scott & Sue) re: placement on matrix; add CFF;
Matrix
07/27lLs Ordinance Review
08/17/Ls
08124/Ls
oe/28/Ls
08/24/Ls Dog Licensing &
09/28/Ls Civil Forfeiture
08/LO/Ls Pinardville
o8/L7/7s
08/24/\s
os/2Lhs
os/28/ts
Sept. 2015
met on 8/5/t5;9/76175
Special Event Permit Ordinance Rewrite - legal opinion sent to Police Chief
Public Hearings Schedule:
Re-write to BOS 8/24/L5
tL/2/ts and Ltlt6/L5
Vote Schedul ed for t7/30/L5
PD Making changes to ordinance based on 8i24/L5 BOS Mtg (electronic submission,review, signature)
Board does not want to pursue an ordinance for soliciting at this time - proceed with Public Hearings for
Special Event Ordinance
Consider RSA 466:39 as possible solution to increase penalty for deliquent dog owners
Reassigned to Town Clerks Office and Police Dept. to propose law change
Schedule & Promote Meeting with Pinardville residents re: 9-1-1 issues
- Fire Chief discussing potential solutions with E91-1.
- 8/26/75 - FD & PD made PSA with GTV.
- 8/28/tS Union Leader Article on the issue (Page 41, above the fold)
- O9/2t/75 Chiefs report publ¡c awareness campaign has not worked; one more dispatch error for fire; TA
reported on history; BOS directed TA to draft letters to USPS and residents
- O9-28/L5 TA recommends meeting before sending drafts - tO/L/75 TA called USPS District Manager, awaiting response regarding meetinB
ñ0