SELECTMEN’S PUBLIC MEETING
APRIL 7, 2008
I. Call to Order
Chairman Donovan called the meeting to order at 5:59pm. In attendance were Chairman Robert S. Donovan, Jr., Selectman Trisha J. McCarthy, Selectman Raymond D. Thayer, Town Administrator Nancy J. Wrigley and Office Manager Mary B. Winglass.
Chairman Donovan motioned to go into Nonpublic Session at 6pm under RSA 91-A:3 II (c) – Taxes; (c) – Resident Complaint; (a) – Police Department and (c) – Department of Building Safety. Second by Selectman McCarthy. Roll Call Vote: Chairman Donovan – yes; Selectman McCarthy – yes; Selectman Thayer – yes. Vote: Unanimous.
Chairman Donovan motioned to close the non-public meeting at 7:34pm. Second by Selectman McCarthy. 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 except to announce the following;
· The Board unanimously motioned to give Brenda Blaisdell a Newton Resident Sticker issued to her photo identification
· The Board motioned to accept multiple raises as proposed by Chief Streeter for year 2008 to the employees of the Police Department effective 4/13/2008. There is a spreadsheet outlining each merit increase at the Selectmen’s Office.
· The Board motioned not to accept the resignation from Ron Lemere as the Chief Building Official.
II. Introduction of Guests
III. Old Business
· Outstanding Action Items
1. Best Management Practice for handling of the Police Detail Special Revolving Account. Chairman Donovan stated that he is working on this item with Chief Streeter.
2. Town Hall Office hours. The Board agreed to table this discussion.
3. Updated Personnel Policies and Procedures – Town Administrator is working on this item.
4. Employee Performance Evaluation Form – Town Administrator is working on this item.
5. Update on cable equipment to fix the audio/video on channel 20 – Cable Committee Chairman Andrew Morse discussed that the audio is fine and he is working on installing new cameras for the existing ones are 15 years old. Mr. Morse stated that he is purchasing two cameras at $9,000 each to be paid from the Cable Expendable Trust. The installation will take a couple of months for he needs to consider the need to update the electrical wiring and he is not sure of the cable wires.
6. Employment restrictions for employees under the age of eighteen to work as Cable Operators. Two students from Sanborn Regional High School contacted the town but never followed up with a written letter of interest; cable channel does not list an hourly wage.
7. Parking at Municipal buildings/snow parking ban – Ordinance to be written. Town Administrator Wrigley stated that Chief Streeter is working on the ordinance.
8. LGC – NH Retirement HB 1645. The Board reviewed a worksheet called “Retirement Cost Increase Calculator” which shows the figures the town will pay if and if not HB 1645 is passed by the Senate. Using the 2007 payroll figures that meet the eligibility requirements for the NH Retirement System, the Town of Newton will pay a cost increase of $1,892.09 if HB 1645 is passed by the Senate. If HB 1645 does not pass by the Senate, the cost increase will be $22,811.59, which would work out to be a total property tax impact to the town of $20,919.50. The worksheet with the town’s retirement costs were sent to State Senator Margaret Hassan so she is
aware of the property tax impact should HB 1645 not pass the Senate. The Board urged residents to call your Senator and ask them to pass this bill.
9. Update on the status of Twombly Drive. The Board reviewed a memo from the Planning Board who recommends that the Selectmen pursue the completion of Twombly Drive using the bond money and attaching one of the house lots if necessary. After some discussion, it was decided that Town Administrator Wrigley will write a letter to ask the owner about the status of the subdivision. As of December 31, 2007, the road bond balance was $21,165.36. Selectman McCarthy stated that the lots are still advertised for sale. TA, Wrigley feels that the Planning Board should be dealing with this as we are not even sure who the engineer that worked on this subdivision.
Chairman Donovan replied that once we find out who was the engineer that worked on this project we can draft a letter. Selectman McCarthy added that she would get any information that she could relating to the sale of these lots.
10. Capital Improvements Program – The Board reviewed three proposals for insulation to be installed at the Town Hall as follows; second floor exterior walls at a cost of $3,125.00; First floor exterior walls at a cost of $1,625.00; Attic at a cost of $1,450.00 for a total cost of $6,200.00. The Board is still waiting for prices on windows and Bob Donovan will contact another vendor for a price on the windows. TA, Wrigley stated that she does not feel, due to the cost estimate, that this is a capital reserve project for it falls under $10,000.00. TA Wrigley asked about the purchase of air conditioners to be used in the offices stating we need to move forward for the
offices get very hot during the warm weather, especially in the Selectmen’s Office in the late afternoon. Chairman Donovan will look into prices for the portable air conditioners to be used in the offices. TA, Wrigley asked about the installation of the instant hots in the bathrooms to keep the furnace from running during the warm weather. Chairman Donovan replied that he is looking into installing a thermostat fan to put on the outside wall of the furnace room and once the temperature increases the fan automatically turns on and duct work will be installed to vent the heat out.
11. DocStar Data Retention System – Software upgrade/optimizer. TA, Wrigley stated that she contacted the company and they came down and checked the system and made an adjustment to the scanner (dots per inch) as it was set at 300 and they reduced it to 200 and said that should speed it up. He told Nancy that the machine is in good condition, has plenty of memory and if we are still having a problem then we can contact the company again. TA, Wrigley will check with Kim Lowther who has been working on the DocStar System.
12. Highway Department Issues (continued) Chairman Donovan stated that Road Agent Mike Pivero was unable to attend this meeting for he was out of the Country.
1. Rental Agreement. Chairman Donovan stated that the Town’s Attorney reviewed the proposed Hold Harmless Agreement from Road Agent Mike Pivero as requested by the Board of Selectmen. The Attorney responded with a draft Rental Agreement to include indemnification for both parties as it relates to renting of small tools and equipment to be used by employees of the Town of Newton and the lease of a truck used to maintain and repair the roadways. The Board agreed to table this discussion to allow the Board to review the prepared agreement from the Attorney.
2. Pothole Repairs. Chairman Donovan stated that Road Agent Mike Pivero gave to him before he left on his trip, a quote for the repairs to the potholes in town. Chairman Donovan explained that Mike informed him that he received three quotes for this work and he recommended hiring Walker Landscape Development LLC for a total of $4,030.00. The quote is for 31 ton of asphalt @ $130 per ton installed.
Chairman Donovan motioned to accept the bid from Walker Landscape Development to apply 31 tons of asphalt at $130 per ton for a total cost of $4,030. The work includes cleaning out of the potholes, some sort of a glucose base in the potholes and then asphalt and no more problems with front end alignments. Second by Selectman Thayer. Discussion: Selectman McCarthy asked which line item is this repair to be paid from. The Board decided to pay these repairs out of the Cold patch/Sand stone line item in the Highway budget. Vote: Unanimous.
Office Manager Winglass stated that we need a current Certificate of Insurance on file before the work is done. Chairman Donovan responded that Mike will take care of that when he returns. Selectman McCarthy added that she had some communications problems with Mike before he left on his trip but she will make sure that she talks to him when he returns.
IV. New Business
A. Invitation to Bid – Legal Services
The Board reviewed the bids received from the following Attorney’s;
Sumner F. Kalman, Attorney at Law, P.C., Plaistow, NH
Beaumont & Campbell Prof. Ass’n. Attorneys, Salem, NH – not taking any new clients at this time but would take special cases where there may be conflict with regular counsel.
Upton & Hatfield Attorneys at Law, Portsmouth, NH
Soule, Leslie, Kidder, Sayward & Loughman P.L.L.C., Salem, NH
Peter J. Loughlin Attorney at Law, Portsmouth, NH – not taking any new clients at this time.
Lane Law Offices PA, Exeter, NH
Town Administrator Nancy Wrigley informed the Board that she sent out 17 invitations to submit requests for proposals for legal representation of the Town of Newton. The Board discussed the fee schedules and billing policies reflected in each proposal. Selectman Thayer asked if the town’s present Attorney submitted a proposal. TA, Wrigley responded that they were not sent a request for proposal for we know their fee schedules and billing policies. Selectman McCarthy stated that we are looking for an Attorney to take over new issues and asked are we going to keep the current Town Attorney working on existing cases. It was discussed that the Town Attorney would stay with any existing cases. Selectman McCarthy asked if we can hire out an Attorney that specializes in certain areas when the need arises. Chairman Donovan responded that the Board would have that option. TA, Wrigley added that the invitation to submit proposals for legal representation included services for land use
issues, labor relations, State, Local & Municipal Law. Wrigley stated that recently the town hired Soule, Leslie, Kidder, Sayward & Loughman to work on a lawsuit against the town.
Selectman Thayer stated that Sumner Kalman’s proposal included a letter of recommendation from the Town of Plaistow Town Manager Jason Hoch. Thayer added that Sumner Kalman has been the Town of Newton’s Town Counsel in the past.
Chairman Donovan motioned to accept Sumner F. Kalman Attorney at Law, Plaistow, NH as the new Town Counsel. Second by Selectman McCarthy. Vote: Unanimous. The Board discussed that all new cases are to be run by our new Town Counsel and we need to send a memo to the Planning Board and Zoning Board noticing them of this change. The Board discussed that Sumner Kalman has one of the lowest hourly rates quoted at $155 per hour and mileage is not billed in addition to time.
Selectman McCarthy will call Sumner Kalman in the morning and TA, Wrigley will write a letter to Donahue, Tucker & Ciandella LLC to let them know of the Board’s decision to hire Sumner Kalman as Town Counsel.
B. 2008 Requests for Appointment
Chairman Donovan stated that the Board has three requests for appointments:
Cheryl Saunders as Deputy Town Clerk/Tax Collector
Chairman Donovan motioned to appoint Cheryl Saunders as Deputy Town Clerk/Tax Collector with an expiration date of April 15, 2009. Second by Selectman Thayer. Vote: Unanimous.
Dale Putnam as Deputy Director of Emergency Management
Chairman Donovan motioned to appoint Dale G. Putnam as the Deputy Director of Emergency Management with the expiration date of April 15, 2009. Second by Selectman McCarthy. Vote: Unanimous.
Kathleen Meserve as Gale Library Trustee Alternate
Chairman Donovan motioned to appoint Kathleen P. Meserve as Gale Library Trustee Alternate with an expiration date of April 15, 2009. Second by Selectman Thayer. Vote: Unanimous.
Selectman McCarthy asked if town departments who have expired appointed members this year, do they receive something in their mailbox to inform them. Selectman McCarthy stated that they discussed it at the last Conservation Commission and yet they did not have the form to complete to request an appointment and she added that other departments may be having the same issue. Office Manager Winglass responded that she has spoken to most departments and they are aware that a request must be submitted to the Selectmen’s Office. Selectman McCarthy responded that at this point she may not have a quorum at the next Conservation Commission meeting. Town Administrator Wrigley asked if the expired members want to be reappointed to the Commission. Selectman McCarthy responded that at the last Conservation Commission
meeting they motioned to recommend appointing members to the Conservation Commission and the minutes should reflect the names and expirations.
C. Letter from Hampstead Area Water Company RE: Sargent Woods
Selectman McCarthy spoke on this issue for she has been dealing with it as a member of the Conservation Commission. Selectman McCarthy discussed that the Planning Board has been dealing with this issue and Conservation Commission is an interested party. This is to do with the Sargent Woods Subdivision and the Selectmen and Planning Board have been notified that the Hampstead Area Water Company has filed a petition with the Public Utility Commission (PUC) on December 14, 2007 for a new water system at Sargent Woods. The submitted plan outlines the proposed franchise area and the area encompasses a much larger area that the new subdivision. It covers from Route 108 on the Plaistow line to Peaslee Crossing Road to Smith Corner Road and back to Route 108 and covers about 750 acres which is much larger than Sargent Woods. Tomorrow night there is a hearing held by the Planning Board at the Town Hall starting at 7pm. At the hearing we are hoping to get some clarification and
explanation of this water franchise and plan to have Town Counsel Kalman Sumner to be at the meeting. A regional planner for the Rockingham Planning Commission reviewed the franchise and had some concerns with the proposed area of the franchise especially since it is on top of an aquifer.
V. Announcements
· 2007 Sales-Assessment Ratio
The decided to table this discussion until Assessor Andrea Lewy is present to explain it.
VI. Accept Minutes of Selectmen Meetings
· Selectmen’s Public Meeting minutes of March 17, 2008 and March 24, 2008
Chairman Donovan motioned to accept the minutes of March 17, 2008 as written. Second by Selectman McCarthy. Vote: Unanimous.
Chairman Donovan motioned to accept the minutes of March 24, 2008 as written. Second by Selectman McCarthy. Vote: Unanimous.
VII. Reports from Department Heads
1. Letter from Kingston Fire Department RE: Mutual aid coverage due to a new weight posting for the New Boston Road Bridge
Chairman Donovan read a letter from the Kingston Fire Department listing the roads that mutual aid apparatus shall approach via the Newton end of New Boston Road due to the recent posting of the New Boston Bridget to 10 tons.
2. Letter for Walnut Farm Subdivision
The Planning Board submitted a memo today to the Selectmen discussing that Maplevale Builders applied to the NH Attorney General’s Office for exemption from registration of the subdivision. The exemption is an option for subdivisions over 15 lots. As part of this exemption, they need to provide evidence that the Town of Newton will accept Walnut Farm Road as a town road once all town requirements have been met and the town engineers give their final approval. Attached to the memo is a drafted letter by Maplevale Builders’ lawyer and reviewed and approved by Attorney Sharon Somers outlining the conditions that must be met in order for the town to consider the road for acceptance.
Town Administrator Wrigley asked the Board if they want Maplevale’s Attorney to come into a meeting to explain it. Selectman McCarthy responded that she contacted the Attorney General’s Office and this is a standard procedure requirement for all asking for an exemption. Chairman Donovan explained that he has asked for the Planning Board to send in writing that they recommend that the Board of Selectmen sign the letter, as prepared by the Attorneys. TA, Wrigley responded that the memo that the Planning Board gave to the Selectmen’s Office today states that “the Planning Board agreed to provide the letter requested” and they would not have sent down this information unless they approved of the wording. Chairman Donovan responded that he does not feel comfortable signing the letter until the
Planning Board puts in writing that they recommend that the Selectmen sign the letter. Chairman Donovan stated that he would require this from any town department, committee or commission.
Selectman Thayer will address this issue tomorrow night at the Planning Board meeting.
3. Request from Town Clerk/Tax Collector Mary Jo McCullough
Chairman Donovan read a letter from McCullough requesting permission to accept “pre-payments” from residents in order to credit future tax bills with overpayments. This approval is a one-time approval as overpayments occur several times per year, whether from mortgage companies, banks or residents and it will save a lot of time and paperwork to credit these overpayments to future bills instead of requesting refunds from the Treasurer.
Chairman Donovan motioned to accept the request from the Tax Collector Mary Jo McCullough to apply overpayments as prepayments. Second by Selectman Thayer. Vote: Unanimous.
4. Conservation Commission Re: Bio monitoring Day and hosting a clinic for Horse Hobbyists.
Selectman McCarthy stated that Conservation is working on hosting a clinic in the near future for the horse hobbyist to learn about the best management practices for handling of manure. Hopefully we will have more information within the next week.
5. IT Consultant
Selectman Thayer stated that the Planning Board plans on sending a memo to the Selectmen to see if they would put out to bid for an IT Consultant and they wanted Selectman Thayer to relay to the Selectman that they were not happy that they paid the bill for services that they did not approve for payment. The Board asked that we add to the action item, bids for IT Consultant
VIII. Review of Action Items
· Selectman McCarthy - contact Attorney Somner Kalman
· Town Admin Wrigley - letter to owner of Twombly Drive
· Everyone - contact Senator regarding NH Retirement
· Selectman McCarthy – Inform Road Agent Mike Piverothat we need a certificate of insurance for Walker Landscape. A certificate of insurance is needed for all snowplowing contractors as outlined in the town’s snowplowing policy.
· Selectman Thayer – request recommendation from Planning Board
· Office Manager Winglass – invite Assessor to Selectmen’s meeting
· Cable equipment – Andrew to check on wiring
· Chairman Donovan – check on prices of air conditioners and installing a thermostat and duct work
· Selectmen – review rental agreement
· Town Admin Wrigley – prepare letters to the Attorneys
· Office Manager Winglass – check all 2008 appointment expirations
· Add bids for IT Consultant to outstanding action items
· Memo to Planning Board and Zoning Board regarding the town’s new counsel.
IX. Adjourn
Chairman Donovan motioned to close the public meeting at 8:59pm. Second by Selectman McCarthy. Vote: Unanimous.
Respectfully Submitted,
Mary B. Winglass, Office Manager
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