SELECTMEN’S PUBLIC MEETING MINUTES
July 28, 2008
Call to Order
Chairman Donovan opened the meeting at 6:15pm. 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. The meeting was audio and video taped; minutes were transcribed and typed by Office Manager Mary B. Winglass.
Chairman Donovan motioned to go into nonpublic session under RSA 91-A:3 II (c) –Town Clerk/Tax Collector; (a)(b)&(c) – Building Department. Second by Selectman Thayer. Roll Call Vote: Chairman Donovan – yes, Selectman McCarthy – yes, Selectman Thayer – yes. Vote: Unanimous.
Chairman Donovan motioned to close the nonpublic session at 7:24pm. 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 that the Board motioned to appoint Daniel Riley of Hampstead, NH as a temporary Assistant Building Inspector until August 11th when we can appoint him to be permanent once the records checks come back clean and appropriate.
Police Department
Patrol Officer Promotion
Police Chief Streeter outlined the supporting information for the promotion of Officer Chris Van Hirtum from patrolman to patrolman first class. The rank of patrolman first class is an automatic step promotion made after the completion of the police academy and three (3) years of fulltime employment as a patrol officer for the department. This achievement also marks the end of the initial contractual agreement/obligation between the employee and the Town.
Chairman Donovan motioned that we give Chris Van Hirtum the rank of Patrolman First Class from a Grade XVII, Step 9 to Grade XVIII, Step 9 effective date of July 1, 2008. Second by Selectman McCarthy. Vote: Unanimous.
Request to appoint a part-time Police Officer
Police Chief Streeter introduced Greg Malisos, a retired Police Officer from the Windham Police Department who is looking to supplement his retirement between Windham & Newton. Chief Streeter added that Greg is a good, steady, dependable performer who will fit the current needs of the Newton Police Department. Chief Streeter added that he recommends for the Board to hire Greg Malisos as a part-time Police Officer and he is here tonight with his wife.
Chairman Donovan motioned to appoint Gregory Malisos from Salem, NH as a part-time Police Officer for the Town of Newton effective date of July 29, 2008. Second by Selectman Thayer. Discussion: The Chief will get the pay grade and step to the Selectmen’s Office. Vote: Unanimous.
Introduction of Guests
· Mr. Francis Hebb Re: Twombly Drive
Road Agent Mike Pivero discussed with the Selectmen a memo from the Planning Board recommending using Engineer, Mike Vignale of KV Partners for the inspections on Twombly Drive, not (RCCD) Rockingham County Conservation District. Pivero added that the Board decided to use RCCD as the Engineer to complete the inspections for Twombly Drive at their June 2, 2008 Selectmen’s Meeting, as they were the original engineer working on this subdivision, and he received an estimate dated June 20, 2008 for the cost to complete the inspections totaling $2,880.00.
The Board of Selectmen asked the Planning Board back in February for an update on the project status for Twombly Drive. The Planning Board responded that the Board of Selectmen should pursue completing the road to specification, using the bond and attaching one of the lots if necessary.
Mr. Francis Hebb was present and stated his willingness to move forward with completing Twombly Drive. Mr. Hebb stated that he will cut a check to the town for $2,880 to cover the cost of inspections as outlined by RCCD and asked that he be notified of the inspections so that he can be present. Mr. Hebb added that the completion of the road basically includes the top coat as most all the other issues had been addressed previously when working with the Planning Board.
Pivero added that he contacted RCCD after the June 2, 2008 Selectmen’s Meeting to have RCCD review the plan to determine the status of the project and per their letter, the estimate will not be exceeded without prior authorization from the town and no work will begin until authorization has been received.
Selectman McCarthy asked why the lag time to complete this subdivision. Mr. Hebb discussed the reason for the delay is that he could not put the final topcoat down until the construction of the lots had been completed; so the road was constructed to a certain point when RCCD told him he could go no further until the construction was completed and that is the reason why the final coat had not been put on the road. Chairman Donovan responded that the problem with that is that the town cannot accept any roads until all construction has been completed which could take ten years. Chairman Donovan added that if we accept the road then anyone who wants to construct a house on that road would put up a bond to cover any damage to the road during the construction phase, which is the procedure used by many towns. Selectman
McCarthy stated that it makes a lot of sense to move in the direction outlined by Chairman Donovan, due to the housing market, but it may require a change to the town’s subdivision regulations.
Chairman Donovan motioned that we let the Road Agent work with RCCD to finish off Twombly Drive to get it finally taken care of after all these years. Second by Selectman Thayer. Vote: Unanimous.
Office Manger Winglass asked how we are to handle the check from Mr. Hebb and whether we are to use the NPREA account. The Board left the handling of the funds up to the staff and Mr. Hebb added that he will bring the check to the Town Hall tomorrow. Pivero added that he will work with RCCD and Mr. Hebb through this project.
Chairman Donovan discussed the need to address that any new building construction from this point forward on Twombly Drive will require a bond. Town Administrator Wrigley stated that it falls under the purview of the Road Agent. Pivero responded that he feels it is important that this requirement does not fall through the cracks. Pivero added that he is notified of new construction when the driveway permit is completed and most times that is towards the end of the building construction. Pivero stated that he would be willing to work on preparing the bond amount and that it will vary from case to case.
Chairman Donovan motioned that any building permits pulled for Twombly Drive will require a road bond for each building/lot to be constructed. Second by Selectman McCarthy. Vote: Unanimous.
Old Business
· Outstanding Action Items
1. Open proposals for Sand/Salt Storage Building
The Board opened six proposals for the sand/salt storage building from the following companies;
1. Morello Construction, Inc., Peterborough NH with a total price of $119,640.00
2. Pentucket Companies, LLC, Haverhill, MA with a total price of $120,305.00
3. Apex Land Contractors, LLC, Hampton, NH with a total price of $28,575 with several exclusions
4. Eastern Seaboard Concrete Construction, Co. Inc., Newton, NH with a total price of $108,349.00
5. Engelwood Construction Corp., Manchester, NH with a total price of $112,982.00
6. Britton’s Landscaping 7 Excavation, LLC, Sandown, NH with a total price of $106,174.00.
The Board asked for the proposals to be copied for Dennis Quintal, Civil Construction to ask for his recommendation, to be discussed at the August 11, 2008 Selectmen’s Meeting.
2. Set date for work meeting with Chief Streeter RE: Police Station/Building
Chief Streeter discussed his desire to set up a meeting to discuss an alternative proposal for the Police Station building and to discuss options and particulars. The Board agreed to a meeting on Monday at the August 18th Selectmen’s Meeting. The Chief stated that he will need only 15 to 20 minutes.
3. Response from Planning Board Re: Accepting Town Roads
Road Agent Mike Pivero stated that he feels it is important to have the Planning Board, Selectmen and himself in the same room to try to work this out. Pivero added that he knows that the Selectmen sent a memo to the Planning Board asking to meet about accepting town roads and the Planning Board responded that the procedure is clear and a joint meeting is not necessary. Pivero stated he was at the Planning Board meeting last week and we are talking apples and oranges and he can see this as a long procedure to get this fine tuned unless we can get everyone together in one room.
Selectman McCarthy stated that recently the Planning Board received information from Dennis Quintal regarding procedures used by other towns for some of our town procedures need to be updated. Pivero added that Dennis Quintal should probably be at the meeting as well for he is a great resource when dealing with this type of work. Pivero stated that at the Planning Board meeting it was said by a few members that subdivisions must be 100% built before the town accepts the road. Pivero and Selectman McCarthy stated that we are in a different market today and times have changed. Chairman Donovan talked about four new building lots on Maple Avenue, a town road, and if they bring down ten loads of concrete and break up the road then they need to be responsible for fixing the road. TA, Wrigley stated that in the past
the Planning Board required a restoration bond for Pond Street due to excavating at Country Pond Fish & Game; the reason for the restoration bond is due to the concern with the volume of trucks constantly going over the road. TA, Wrigley added that unless the road is posted, no thru trucking, then how could we require restoration bonds. Pivero responded that if it is excessive, heavy traffic then it would apply; as an example, Crane Crossing Road when some of the developments took place there should have been some protection to the road. Chairman Donovan added that many times when he is hired to construct an addition, he must bond with the town due to the cement truck possibly crushing the edge of the road and if any damage to the road then he would be responsible to fix it.
Pivero added that the town should have some sort of shelf life to accepting roads and asked whose job is it to “bird dog” these items. Chairman Donovan added that another outstanding issue regarding acceptance of roads is requiring a deed on file and recorded at the Rockingham County Registry of Deeds.
The Board requested that a memo go to the Planning Board strongly encouraging them to attend the August 18, 2008 Selectmen’s Meeting to discuss road acceptance/policies, road deeds, zoning amendments and construction bonding. It was discussed that if the Planning Board does not attend the August 18th meeting then the Selectmen and Pivero will attend the next Planning Board meeting.
4. IT Consultant Specifications
Town Administrator Nancy Wrigley spoke on some research that she completed to show the IT Consultants wages from 2002 to 2007 and each year they have stayed within the budgeted amount; four years she was under the $3,000 budgeted amount and the last two years with the new computers and upgrades it has been a little more but still a very reasonable cost for this service. TA, Wrigley added that other ways that IT Consultant Sylvania Maddock saves the town money is when working after hours she does not charge time and one half, she searches for items on sale when purchasing equipment for the town and does not charge the town for her time when picking up supplies or equipment, she is an expert at data recovery, does not charge for her time when dealing with phone calls or emails from the town, works with Avitar Associates to configure the
town computers with the town’s assessing software, created a program for the Assessor to resize photo’s and develops procedures and trains the employees. Ms. Maddock has also added three new computers in 2006; four new computers in 2007 and one new computer in 2008; also major upgrades to all computers including hardware and software and updated the data configuration to a SQL Server which has multiple hard disks for recovery and an automatic backup system and set up the VPN connection for the Town Clerk in order to access “Compass”.
Town Administrator Wrigley stated that it is in her job description to oversee the IT Consultant and she is very happy with the service provided by Ms. Maddock over the years and she does not see the need to go out to bid and spend taxpayer’s money to advertise for a service that is already cost effective and efficient. The amount of money that she has been paid over the years speaks for itself.
Chairman Donovan questioned as to what happens if she quits next year then we will have to go out to bid anyway and he feels we need to go out to bid for the town has gone out to bid for everything else. TA, Wrigley responded that it is so minimal and cost efficient to keep the way things are. Chairman Donovan stated that the Planning Board asked for us to go out to bid for this service. TA, Wrigley responded that two Planning Board members complained and yet they are not aware of the service provided by Ms. Maddock or the systems configurations. Selectman McCarthy added that she is very satisfied with the service provided by Ms. Maddock and she has done some research and received information from five towns regarding their IT Services and Fees and granted they are different from us but she was amazed with the high
prices paid by other towns. Selectman McCarthy added that on August 18th she will bring all the information that she received from other towns as additional information to use to consider the best option for the town. Selectman McCarthy stated that when speaking with town employees, everyone is happy with the service provided by Ms. Maddock but it will not hurt to look at the information on the 18th. Ms. Maddock has been with the town since 1987.
Chairman Donovan stated that he has no problems with Ms. Maddock but we need to go out to bid. TA, Wrigley responded that is not the point; she knows of the equipment and systems in place for she has records but to train and teach someone else will be difficult and time consuming.
Selectman Thayer added that it is only $100 to advertise for the bid and if we cannot find money to do this then how do we find money to paint the office at the Town Hall. TA, Wrigley asked if this is what it is all about by asking to have her office painted as all the other offices at Town Hall were recently painted. Selectman Thayer responded that we are only asking to spend a $100 to go out to bid. TA, Wrigley stated that it is not the advertising cost, it is getting someone in here that might bid with a higher fee than what we are paying now and how are you going to pay for it since Ms. Maddock may not submit a bid; we have not budgeted for a change this year. TA, Wrigley stated that we are working with a default budget this year and we have approximately $3,000 to $4,000 to spend for IT services this year.
Chairman Donovan responded that we need all the information before we make a decision; therefore we will discuss it again on August 18th meeting to look at the rates paid by other towns and then we will make a decision on whether to go out to bid or not. The Board discussed that based upon the information discussed this evening, it will probably be Ms. Maddock that will be picked to continue with the IT Services to the Town but at least they can say that they bid this service. TA, Wrigley responded that she gave all the reasons why we do not need to go out to bid and she sees it as penny wise and dollar foolish, you have a good person who is working well for the town. TA, Wrigley stated that she is looking out for the taxpayers, this is not personal.
5. Sign Regulations
TA, Wrigley informed the Board that she received several samples of sign regulations from other towns and mostly they are part of their town’s zoning ordinances. Road Agent Mike Pivero added that whatever we put in place needs to be very simple and enforceable across the Town. Chairman Donovan stated that at this time, the Road Crew is only taking the signs off telephone poles as per the decision of the Board of Selectmen this past spring. The Board decided to keep things as they are and unless it becomes an issue then we can look at this again. The Board asked to remove this item from the outstanding action items.
6. Update on the Hampstead Area Water petition to the State Public Utilities Commission to establish a Water System Franchise
Office Manager Winglass stated that the Selectmen received a letter dated July 3rd from Mark Naylor, Director, Gas & Water Division to the NH Public Utilities Commission with his recommendation to approve the reduced franchise area (65.97 acres). Chairman Donovan questioned the issue with regulating the amount of water pumped from this franchise and that no water is to be taken from the property. Office Manager Winglass responded that both of the issues will not be discussed by the PUC as they are regulated by the NH Department of Environmental Services.
Office Manager Winglass stated that when speaking with Mark Naylor of the Public Utilities Commission he stated that the Commission will not hold a public hearing for this franchise request because the one issue of contention had been addressed which was the size of the franchise area. Winglass discussed the need to get the word out to the public by placing this information on the website and the Board asked for the information to be sent to the newspaper that the Public Utilities Commission will not be holding a Public Hearing as the size of the franchise area is a non-issue.
The Board discussed the petition at the Town Hall prepared by State Representative Mary Allen to the NH Department of Environmental Services asking that the town be notified of any request to change the approved 24,000 gpd or to take any water offsite at this franchise area.
New Business
A. Appointment for Rick Bailey as a member of the Recreation Commission
Chairman Donovan motioned to appoint Richard Bailey as a member of the Recreation Commission with the expiration date of April 15, 2011. Second by Selectman McCarthy. Vote: Unanimous.
B. Discussion of a Transfer Station Resident Amnesty Weekend
Selectman McCarthy stated that the Conservation Commission along with the Transfer Station has been working toward a program to help residents clean up around their property to try to come up with a means of allowing residents to get rid of mosquito breeding items. The Board reviewed a list of items to consider for this amnesty weekend and determined that the following items to be accepted for free on the resident amnesty weekend: Sofa/Couch, upholstery chair, stoves, washers, humidifiers/dehumidifiers, dryers, freezers (doors removed), refrigerators (doors removed), air conditioners, televisions & monitors, console TV’s, toilets/sinks, mattresses/box springs, rugs & linoleums, tires, cement items (birdbaths, blocks etc.).
The Board decided to hold the amnesty weekend on August 23rd and August 24th and it is for residents only, no commercial/businesses allowed.
Chairman Donovan stated that items regularly accepted with no charge are batteries, oil, scrap metal, computer printers & peripherals, computer desktops/towers and microwaves. TA, Wrigley asked why we do not charge for microwaves. Transfer Station Manager Andrew Morse responded that it never made the list, for at first we were not charged to get rid of them and now we are. Chairman Donovan asked Andy to find out the cost to get rid of microwaves and we can discuss it at the August 18th meeting.
Selectman McCarthy asked where do we stand with our fence at the Transfer Station? It was discussed that the funding for the Transfer Station this year is for the layout not a fence. Selectman McCarthy stated that Dennis Quintal of Civil Construction is working on a plan of the Transfer Station for the State of NH Dept. of Environmental Services. Selectman McCarthy added that we need to move forward with the layout and we may want to include input from several individuals. Chairman Donovan added that Jason Mello of G. Mello Disposal said that he would work with the Selectmen on the layout. Selectman McCarthy will contact Dennis tomorrow to discuss the need of a plan in order to move forward with the layout; Chairman Donovan will contact Jason Mello to ask for his input on this project.
Cable Committee
Andrew Morse, Cable Committee informed the Board that Great Northern Video called to inform him that the equipment has been shipped and should be installed soon; hopefully by the end of this week or next week.
Cable Operators – Chairman Donovan announced that there is an opportunity to work as a cable operator for the Town of Newton. Interested applicants contact the Selectmen’s Office at (603) 382-4405.
C. New IRS Standard Mileage Rate Deduction
The Board reviewed a memo from Bookkeeper/Payroll Administrator Kim Hughes informing the Board that the IRS raised the standard mileage rate deduction from 50.5 cents per mile to 58.5 cents per mile effective July 1, 2008. Currently town employees are reimbursed at 40.0 cents per mile for approved employment related travel conducted with their own personal vehicle.
Selectman Thayer discussed that he feels that this is something that should be raised. Chairman Donovan asked how much more this would add to the budget. TA, Wrigley responded that the increase may not be more than $200 overall.
Chairman Donovan motioned to raise the fuel mileage from 40 cents per mile to 55 cents per mile effective July 28, 2008. Second by Selectman Thayer. Vote: Unanimous.
D. American Red Cross Re: Public Awareness Program
The Board reviewed a letter from the American Red Cross and TA, Wrigley explained that the American Red Cross would like to get the word out with a public awareness program to raise visibility of the towns designated chapter and would like the approval to place a permanent sign at one of the entrances to the town. They asked for help with the town’s procedure and information in order to move this along.
Chairman Donovan stated that they would need to contact the State DOT to find out their regulations for placing signs along Route 108 for that is the most visible spot entering the town. Selectman Thayer added that in the past when placing the “Welcome to Newton” signs on Route 108, the State required that they meet certain setbacks.
The Board decided to put the information regarding the American Red Cross Chapter on the website and the Board asked for the staff to contact the American Red Cross to inform them of the elderly communities in town that they may want to get information out to them in order to reach out to the community.
E. Comcast Re: Preparing for the Broadcast Digital Television (DTV) Transition
The Board read a letter from Comcast with information on preparing for the broadcast digital television (DTV) Transition. The Board asked for the information to be placed on the town website to inform the residents of the changeover.
F. Discussion of telephone communication contract
Office Manager Winglass informed the Board that the town’s telephone contract with One Communications expires on August 19, 2008. One Communications responded with an offer for expanding the contract which includes a loyalty bonus and a 300 minute long distance call pack for the Police Department due to the volume of long distance calls. Chairman Donovan stated that he would not like to be locked into a long contract with the changing rates we have seen over the years, therefore it is his recommendation to contract with One Communications for one year as long as we are receiving quality service. TA, Wrigley added that we have been happy with the service provided by One Communication. Office Manager Winglass talked about the high quality of service provided whenever we have problems with our lines and that during
the five-year contract, One Communications reduced our line charge from $13.50 to $12.00 per line when they did not have to for we had a signed contract.
Chairman Donovan motioned to stay with One Communications on a yearly contract and to include the 300 minute long distance call packs for an approximate savings of $20 per month. Second Selectman McCarthy. Vote: Unanimous.
Announcements
· Invitation to Bid for #2 Fuel Oil – Bulk purchase bid for the Town of Danville, Town of Newton and the Town of Sandown. Anyone interested in receiving a specification sheet is to contact the Selectmen’s Office at 382-4405.
· Help Wanted: Laborer for the Highway Department. Anyone interested in this position is asked to send in a letter of interest/resume to the Selectmen’s Office PO Box 378 Newton, NH 03858.
Accept Minutes of Selectmen Meetings
· Selectmen’s Public Meeting minutes of May 19, 2008, June 2, 2008
Chairman Donovan motioned to accept the Selectmen’s Public Meeting minutes of May 19, 2008 and June 2, 2008 as written. Second by Selectman Thayer. Vote: Unanimous.
· Selectmen’s Nonpublic Meeting minutes of May 19, 2008, June 2, 2008
Chairman Donovan motioned to accept the Selectmen’s Nonpublic Meeting minutes of May 19, 2008 and June 2, 2008 as written. Second by Selectman McCarthy. Vote: Unanimous.
· Selectmen’s Site Walk Meeting minutes of June 5, 2008
Selectman Thayer motioned to accept the minutes Selectmen’s Site Walk Meeting minutes of June 5, 2008 as written. Second by Selectman McCarthy. Vote: Selectman McCarthy and Selectman Thayer – yes, Chairman Donovan abstained. Motion passed.
Reports from Department Heads
Review of Action Items
Adjourn
Chairman Donovan motioned to adjourn at 9:23pm. Second by Selectman Thayer. Vote: Unanimous.
Respectfully Submitted,
Mary B. Winglass, Office Manager
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