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November 19, 2007 Board of Selectmen Minutes
SELECTMEN’S MEETING MINUTES

November 19, 2007

I.      Call to Order

Chairman Ulcickas called the meeting to order at 4:15pm.  In attendance were Chairman John P. Ulcickas, Selectman Trisha J. McCarthy, Town Administrator Nancy J. Wrigley and Office Manager Mary B. Winglass.  Minutes were transcribed and typed by Office Manager Mary Winglass.

Selectman Robert S. Donovan, Jr. arrived at approximately 4:20pm.

II.     Introduction of Guests
III.    Old Business
A.      Review of 2008 proposed budgets

Fire Department budget

Present was Fire Chief Bill Ingalls.

Chairman Ulcickas asked Chief Ingalls if he is prepared to discuss the idea of changing the Fire Chief position to full time.  Chief Ingalls responded that he would like to put it on hold until next year as the timing would then be the same for the next three year election for Fire Chief.

Chief Ingalls discussed a new equipment purchase for a vehicular repeater system that will act as a booster for when the portable radios lose service within certain areas in town.  Another item to be purchased is uniforms for funeral details.  A warrant article will be placed on the warrant to request $50,000 to be placed in the existing Capital Reserve Fund called the “Fire Apparatus and Equipment Fund”.

Chairman Ulcickas motioned to accept the 2008 Fire Department budget in the amount of $208,760.00.  Second by Selectman Donovan.  Vote: Unanimous.

Chief Ingalls discussed the need to advertise for help wanted at the Fire Department as he is losing seven people mainly due to relocating.  On another note, Chief Ingalls gave the Selectmen a copy the “Statutory Provisions Relative to the Authority of a Fire Chief to Conduct Inspections, Enforce Fire Safety Regulations and Enforce the New Hampshire State Fire Code”.  This document will be added to the Fire Chief’s personnel folder and the job description folder.  Chief Ingalls discussed the authority of a Fire Chief to conduct inspections once a year and in some cases twice per year for apartments, businesses, daycares and foster care and oil burner inspections for the elderly complex, Packer Meadows.

Department of Building Safety

After a brief review of the 2008 proposed budget, the Board made the following motion;

Chairman Ulcickas motioned to accept the 2008 Department of Building Safety budget in the amount of $107,102.00.  Second by Selectman Donovan.  Vote: Unanimous.

Cable Committee budget

After a brief review of the 2008 proposed budget, the Board made the following motion;

Chairman Ulcickas motioned to accept the 2008 Cable Committee budget in the amount of $5,500.00.  Second by Selectman McCarthy.  Vote: Unanimous.

Conservation Commission budget

Selectman McCarthy discussed an increase to the budget to include a new line item “public awareness” for a total of $400 and an increase of $200 to the Storm Water 2 line item for public awareness and to educate through mailings and flyers.

Chairman Ulcickas motioned to accept the 2008 Conservation Commission budget in the amount of $3,850.00.  Second by Selectman Donovan.  Vote: Unanimous.

General Assistance budget

The Board discussed the General Assistance budget and asked that we check with town’s supplier for heating oil to see if they would include in the town’s contract heating oil and gas to residents requesting assistance from the town.

Chairman Ulcickas motioned to accept the General Assistance budget in the amount of $22,127.00.  Second by Selectman McCarthy.  Vote: Unanimous.

Health Officer Budget

After a brief discussion regarding estimating this budget based upon new subdivisions starting up within town, the Board made the following motion;

Chairman Ulcickas motioned to accept the Health Officer budget in the amount of $18,000.00.  Second by Selectman Donovan.  Vote: Unanimous.


Gale Library budget

Present were Gale Library Director Theresa Caswell and Gale Library Trustees members Marilyn Landry and Sarah Woodman.

Chairman Ulcickas requested an updated year to date 2007 expenditures.  The Trustees responded that they were waiting for Trustee member Carol Szot to bring the budget worksheet.  Since Carol Szot did not show up for the meeting, the Board tabled this discussion until Monday, December 3rd starting at 6pm.

Care of Trees budget

Town Administrator Nancy Wrigley informed the Board that the position of Tree Warden is not a paid position and Tree Warden David Baker is called upon when a hazardous tree in town is in question whether it is on the town right of way or private property.  TA, Wrigley added that she spoke with David Baker about making a list of trees that may need to be removed that are located within the towns right of way in order to plan for future costs to be included in the Master Plan.  Tree Warden Baker responded that this project list would be a lengthy process.  Selectman McCarthy responded that she feels that this job is more suited for the Road Crew for they are the ones that are most familiar with the roads, and once we have a list we can have the Tree Warden check them out.  The Board agreed that the Road Crew would be the best option for checking on trees within the right of way in town.

Chairman Ulcickas motioned to accept the budget for the Care of Trees in the amount of $6,000.00.  Second by Selectman McCarthy.  Vote: Unanimous.

Legal budget line item

After a brief discussion regarding the outstanding legal lawsuits pending within the town which have decreased this year, yet we are still require to budget for contingencies, the Board made the following motion;

Chairman Ulcickas motioned to accept the 2008 budget for legal in the amount of $50,000.00.  Second by Selectman Donovan.  Vote: Unanimous.

Police Services

Chairman Ulcickas questioned the 2007 year to date expenditures as of October 31st of $56,397.00 when we only budgeted $35,000.00 for the Police Services budget.  A discussion ensued regarding the warrant article that was approved at the 2007 Town Meeting to establish a revolving fund for the purpose of Police Special Details.  TA, Wrigley responded that she was under the impression that one adjustment would be made at the end of the year.  The Board asked for a clarification from the town’s Bookkeeper and the Police Chief regarding the procedure for handling this account.  

Street Lighting budget

Chairman Ulcickas asked how many street lights we pay for out of this budget.  TA, Wrigley responded that she is not sure of the total but that it includes the outside lights at the Town Hall and at the Transfer Station.  Selectman Donovan added that he has received many comments from the citizens regarding the lack of street lights in town.  The Board discussed that the citizens have the right to submit a petition warrant article to ask to increase the street lighting in town.  

Chairman Ulcickas motioned to accept $15,188.00 as the 2008 Street Lightning budget.  Second by Selectman McCarthy.  Vote: Unanimous.

General Government Buildings budget

TA, Wrigley asked the Board their thoughts on keeping the repair/supplies portion of the budget the same as last year to cover the cost of updating the Town Hall.  The Board agreed to keep the repairs/supplies line item the same as last year in order to continue updating the town’s buildings.

Planning Board budget

Present were Planning Board Chairman Kim Pettit and Administrative Assistant Lisa Babcock

The Board discussed the overall budget with emphasis on the consultant fees, legal fees and Master Plan/CIP.  Chairman Kim Pettit will look into these line items for possible revisions and she spoke about revisiting the salary line item after she conducts an employee evaluation for Administrative Assistant Lisa Babcock.  

Planning Board Chairman Pettit informed the Board that she has a request by the Planning Board to add a line item to the monthly budget expenditure worksheet showing the offsetting revenues received by the Planning Board for application fees for there has been some concern that the voters are not seeing the offset revenues for the department.  TA, Wrigley responded that the revenues show under Payments – Summary in the yearly Town Report.

A discussion was held regarding sharing the cost of the yearly copier service agreement of $400.00 and the toner in order for the departments that use the copier to pay for their use.  It was discussed that each department must use a separate code when using the copier in order to track the usage.

The Board decided to meet with the Planning Board on December 3rd to review the revised budget.

B.      Transfer Station
1.      Holiday hours and operating hours
2.      Winter and rain clothing
3.      Entrance way shelter and lighting
4.      Fencing bids
5.      Overview of the State of NH DES site walk

The Board tabled these items until Tuesday, November 20, 2007 as the meeting was recessed early due to family obligations.

C.      Medical Insurance Comparison

The Board tabled this item until Tuesday, November 20, 2007 as the meeting was recessed early due to family obligations.

D.      Road Agent
1.      Road improvement plan
2.      Audrey Lane

The Board tabled this item until Tuesday, November 20, 2007 as the meeting was recessed early due to family obligations.
E.      Open “Cemetery Maintenance” bids

The Board received four bids in response to the Invitation to Bid for the maintenance of four cemeteries (Farmers Cemetery, Willow Grove Cemetery, Town Hall Cemetery and Highland Street Cemetery) owned by the Town of Newton.  Maintenance involves spring cleanup, mowing and trimming and leaf removal in the fall.  

The following companies submitted bids;

David W. Marden Landscape Maintenance, Newton Junction, NH.  The bid listed a breakdown of costs for the different types of maintenance for each cemetery.

Ray The Lawn Barber, LLC of Newton, NH submitted a bid for a total cost for the maintenance for the four cemeteries for $35,500.00.

Harris & Son Landscaping, Kingston, NH submitted a bid for a total cost for the maintenance for the four cemeteries for $22,500.00.

Acre Shaper Landscaper, Danville, NH submitted a bid for a total cost for the maintenance for the four cemeteries for $7,175.00.

The Board asked for copies of the bids to be given to the Cemetery Trustee and the discussion was tabled until Tuesday, November 20th starting at 5:30pm.

F.      Open “Pump House” bids

The Board received two bids in response to the Invitation to Bid to construct a Pump House for the Town Hall Fire Sprinkler System to be used for a future fire pump room with a second story storage area.

The following companies submitted bids;

Gibbs Construction of Newton, NH submitted a bid for a total cost of $48,700.00.

Father & Son Construction of Newton, NH submitted a bid for a total cost of $25,000.00.

The Board asked for a copy of the bids to be given to the Chief Building Official Ron Lemere for his review and recommendation.  The Board will review the recommendation at the November 26th Selectmen’s Meeting.

IV.     New Business
A.      Request for refund

The Board reviewed a request from Russell and Patricia Estabrook of 40 Highland Street to refund the interest they were charged due to a postal error.  Patricia and Russell submitted letters to the Selectmen stating that the first bill for the 2007 tax payment was mailed on June 25, 2007 at the Newton Post Office and yet the Tax Collector never received the payment.  In 52 years of living in Newton, they have never been late paying their taxes.

The refund of interest is for two properties; Map 011-05-02-A for $28.95 and Map 011-05-002 for $83.76; both properties are located at 40 Highland Street.  Chairman Ulcickas discussed that the Town Clerk/Tax Collector has had issues with some mail missing from when she was gone away on vacation.  
 
Chairman Ulcickas motioned that we refund the interest in the amount of $28.95 to Patricia and Russell Estabrook for 40 Highland Street, Map 011-05-02-A.  Second by Selectman McCarthy.  Vote: Unanimous.

Chairman Ulcickas motioned that we refund the interest in the amount of $83.76 to Patricia and Russell Estabrook for 40 Highland Street Map 011-05-002.  Second by Selectman Donovan.  Vote: Unanimous.

B.      Proposals for tree removal

The Board received four bids for the removal of a hazardous tree located with the town’s right of way located at 23 Smith Corner Road.  Bids were received from the following companies;

Tamarack Tree Service of Newton, NH for a price of $1200 to chip, brush and dispose and $200 for a police detail.

Ferris Tree Service, Inc. from Andover, MA at a cost of $2,000, +/- $200 for a Police detail.  Additional cost of $300 to grind and cleanup stump.

Ralston Tree Service from Exeter, NH for a price of $2,040 to cut down and removed tree – plus an additional cost for a duty officer.

Kimball Tree Service of Danville, NH for a price of $875.00 for a total removal, no stump, no police detail.  Permission required by owner to have access to the property.  

Chairman Ulcickas motioned to accept the bid proposal from Kimball Tree Service for the total amount of $875.00 for the removal of tree located within the right of way at 23 Smith Corner Road pending permission from the homeowner.  Second by Selectman Donovan.  Selectman McCarthy asked if we have any references:  Cemetery Trustee Andrew Morse stepped forward and informed the Board that Kimball Tree Service removed some trees in the Town Hall Cemetery a few years ago and they did a wonderful job.  Vote: Unanimous.

The Board discussed the need to have a Police detail present during this work for the tree is located close to the road.

Chairman Ulcickas motioned to amend his previous motion to include the requirement for a Police detail for this job and for it to be billed directly to the town and the work is not to proceed without the Police detail.  Second by Selectman Donovan.  Vote: Unanimous.

Chairman Ulcickas motioned to go into non-public session under RSA 91-A:3 II (c) – Planning Board at 6:24pm.  Second by Selectman Donovan.  Roll Call Vote: Chairman Ulcickas – yes, Selectman Donovan – yes, Selectman McCarthy – yes.  Vote: Unanimous.


Chairman Ulcickas motioned to close the non-public at 6:35pm.  Second by Selectman Donovan.  Per unanimous roll call vote, the minutes of the meeting will remain confidential until in the opinion of the majority of the members, the circumstances no longer apply.

Chairman Ulcickas motioned to recess the public meeting at 6:36pm until tomorrow, Tuesday November 20th at 4:15pm.  Second by Selectman Donovan.  Vote: Unanimous.

Chairman Ulcickas motioned to reconvene the meeting at 4:15pm.  Second by Selectman McCarthy.  Vote: Unanimous.  In attendance were Chairman John P. Ulcickas, Selectman Robert S. Donovan, Jr., Selectman Trisha J. McCarthy, Town Administrator Nancy J. Wrigley and Office Manager Mary B. Winglass.

The Board went on a site walk to view the property at the back of Town Hall Road and then reviewed a list of town owned properties.  The Board decided to hold a site walk on Saturday, November 24, 2007 in order to visit multiple town owned properties for the purpose of sand/salt storage.   


1.      Holiday hours and operating hours

Present was Transfer Station Manager Andrew Morse.

Andy stated that he was able to work out a pickup schedule for the week of Christmas and New Year’s, therefore he proposed that since the Transfer Station will be closed on Tuesday, December 25th and January 1st to open on Wednesday, December 26th and January 2nd for the same hours 12pm to 6:45pm.  The Board concurred.

2.      Winter and rain clothing

The Board discussed options for the Transfer Station employees to receive either a clothing allowance and/or reimbursement to purchase winter and rain clothing.  Many options were discussed to include storing any town-owned gear at the Transfer Station, the Board decided to table this item to the December 3rd Selectmen’s meeting.

3.      Entrance way shelter and lighting

Many options were discussed regarding the installation of a shelter located at the entrance way to the Transfer Station.  After discussing the need for at least an 8x8 shed with windows at least three quarters around the building and a front and back door, the need for lighting and heat, the Board decided to table this item until the December 3rd meeting.  Andy Morse reiterated the importance to have additional lighting at the entrance way for it is mostly in the dark.

A discussion was had with Road Agent Frank Gibbs regarding leveling off an area at the Transfer Station.  Frank responded that he has the fill to level off the area and he recommends putting in the gravel and hot top next year therefore allowing the fill to settle.


4.      Overview of the State of NH DES site walk

Transfer Station Manager Andy Morse informed the Board that he conducted a site walk with Donald Maurer of the State of NH Dept of Environmental Services on Wednesday, November 14th.  Andy asked that we wait until the town receives a report outlining the State’s finding for there was much that was discussed at the site walk.

5.      Discussion of Cemetery Maintenance Bids

Present were Cemetery Trustees Andrew Morse and William Landry.

Both Trustees prepared an outline of the bids received and after discussing the differences between the bids, the Trustees decided they needed clarification on two of the bids.  

Selectman McCarthy discussed her concern with using fertilizer at the Highland Cemetery due to the high water table in that area.  It was discussed that Willow Grove Cemetery also has water surrounding it.

6.      Audrey Lane

Present was Resident Jeffrey Friedman and Road Agent Frank Gibbs

Mr. Friedman discussed his concern with the 100+ feet of exposed section of pipe at the front of his property.  Road Agent Gibbs stated that he plans on putting in a mixture of rock, crushed rock and soil on top of the pipe exposed.  Mr. Friedman questioned whether the town will put a more permanent fix on this area in the future.  Selectman McCarthy responded that due to stormwater management we need to be very conscious of the material used in order to stay in compliance.  Mr. Friedman added that he is not against what is being proposed.  Road Agent Gibbs added that he will do the work next week.  Selectman McCarthy asked Mr. Friedman to keep an eye on the area and let us know how it is going so it does not become a larger issue.

7.      Road Improvement Plan

Road Agent Frank Gibbs stated that Dugway Road is done and completed.  A discussion ensued regarding the new entrance to the Transfer Station.  Frank responded that he proposed to take the material out and clear out the trees and let the material set over the winter.  Frank added that the job will take a couple of days with a truck and dozer and the cost to move the material and prep the road for gravel to be approximately $5,000 to $6,000.

Chairman Ulcickas motioned to contract the reconfiguration to the entrance way at the Transfer Station to Gibbs Construction in the amount not exceed $5,000 to come from the Transfer Station budget with the proposed work paid out based upon an hourly rate.  Second by Selectman Donovan.  Discussion:  This is the first phase and we will be reusing the fill from Dugway Road and the material will sit and compact over the winter and to revisit the paving next summer.  Vote: Unanimous.

Frank then handed out an outline of the proposed work schedule to be completed on Smith Corner Road (1.3 miles) in 2008 and the same for Maple Ave. to be completed in 2009.

8.      Medical Insurance Comparison  

Michael St.Gelais, Senior Account Representative, Foy Insurance Group met with the Board to discuss a benefit analysis showing the Local Government Trust options compared to Anthem Blue Cross Plan Options through Foy Insurance.  The analysis showed that the rates were not much different from each other therefore there is no need to change carriers as the price differential does not warrant a change.  The Board thanked Mr. St.Gelais for his time in preparing a benefit analysis for the town and for the educational aspect of being brought up to date with today’s medical insurance policy designs and summary’s.  

A discussion was held regarding the 25% contribution by town employees; 75% paid by the town for health and dental insurance.  Office Manager Winglass discussed that the Local Government Center will give the option of offering two medical plans to the town employees.  Chairman Ulcickas added that he would be in favor of the town paying 75% of the lowest monthly premium plan offered by the Local Government Center.  

9.      Town Clerk/Tax Collector budget

Town Clerk/Tax Collector Mary Jo McCullough handed out a revised 2008 budget to include the 2007 year to date expenditures as of October 31, 2007.  

Chairman Ulcickas motioned to accept the Tax Collectors budget in the amount of $29,906.00 as part of the Financial Administration budget.  Second by Selectman McCarthy.  Vote: Unanimous

Election, Registration & Vital Statistics budget (Town Clerk)

Chairman Ulcickas motioned to accept the 2008 Election, Registration and Vital Statistics budget in the amount of 77,033.00.  Second by Selectman Donovan.  Discussion:  Mary Jo discussed the need to conduct an employee evaluation for Deputy Town Clerk/Tax Collector Cheryl Saunders as she has been here three months, has been a great asset to the office and Mary Jo would like to give her an increase to her hourly rate.  Vote: Unanimous.

Town Clerk/Tax Collector Mary Jo McCullough discussed with the Board the option of changing the option of renewing motor vehicle registrations via the internet from E-Reg to the State of NH Department of Safety Division of Motor Vehicles, MAAP Compass.  The fee for using the MAAP Compass is $53.00 as the initial setup with no annual fees.  E-Reg costs include a yearly contract fee of $300 plus a per registration fee.

Chairman Ulcickas signed the State of NH Department of Safety Division of Motor Vehicles, MAAP Compass agreement as approved by the Governing Body.

10.     Interrogatories – Town of Newton vs. Mazzaglia Family Trust

Town Administrator Wrigley discussed the need to review two sets of non-public meeting minutes regarding pending litigation.  TA, Wrigley stated that she has been working on the interrogatories and they are asking for any meeting minutes that discuss this pending litigation.  Two sets of non-public meeting minutes dated November 20, 2006 and September 7, 2004 were reviewed for consideration to be released as they discuss the litigation.

Chairman Ulcickas motioned to release the non-public meeting minutes of September 7, 2004 with regards to 158 South Main Street.  Second by Selectman Donovan.  Vote: Unanimous.

Chairman Ulcickas motioned to release the non-public meeting minutes of November 20, 2006 titled “pending litigation-Town of Newton vs. Mazzaglia Family Trust, Barry T. Mazzaglia, Trustee”.  Second by Selectman McCarthy.  Vote: Unanimous.

Chairman Ulcickas motioned to adjourn at 8:26pm.  Second by Selectman Donovan.  Vote: Unanimous.

                                                        Respectfully Submitted,


                                                        Mary B. Winglass
                                                        Office Manager