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September 2, 2008 Board of Selectmen Minutes
SELECTMEN’S MEETING

September 2, 2008


Call to Order

Chairman Donovan called the meeting to order at 6:04pm.  In attendance were Chairman Robert S. Donovan, Jr., Selectman Trisha J. McCarthy, Town Administrator Nancy J. Wrigley and Office Manager Mary Winglass.  Minutes were audio and video taped; the minutes were written by Office Manager Winglass.  Selectman Raymond D. Thayer was not present at the meeting.

Chairman Donovan motioned to go into Nonpublic Session under RSA 91-A:3 II (a) – Cont. Multiple Employee Evaluations; (c) Review of past nonpublic meeting minutes; (b) – Cable Committee.  Second by Selectman McCarthy.  Roll Call Vote: Chairman Donovan – yes, Selectman McCarthy – yes.  Vote: Unanimous.  

Chairman Donovan motioned to close the nonpublic meeting at 6:59pm.  Per unanimous roll call 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 voted to raise Robert White to Grade XIV, step 1, $14.22 per hour effective date of July 6, 2008

·       The Board unanimously voted to give Kim Hughes, Bookkeeper/Payroll Administrator a 5% merit raise effective date June 24, 2008

·       The Board unanimously voted to make Ronald Jackson a permanent part time employee to work for the Road Crew.

·       The Board unanimously voted to give Kim Lowther, Secretary to the Conservation Commission an increase to Grade VI, step 7 effective May 1, 2008

·       The Board unanimously voted to hire Thomas Hansen to work for as a Cable Operator at Grade V, Step 6 effective date September 2, 2008.

·       The Board accepted Patrolman First Class, Christopher Van Hirtum’s resignation effective September 11, 2008 and approved the Chief to start searching for another candidate.

Introduction of Guests
Old Business
·       Outstanding Action Items
A.      Police Chief Lawrence Streeter Re: Discussion of Police Department Building

Police Chief Larry Streeter was present to discuss an alternative approach to improving the Police Department building.  Chief Streeter discussed the state of economics in town and that hopefully times are going to get better for we need to address the Police Department building for there is a possible liability situation.  Chief Streeter added that he listened to the concerns of the residents when discussing the Safety Complex and he was told that it is too expensive, the location was at a bad intersection and the potential problems between the Police and Fire Department for typically they usually do not have a good relationship, although that is not the case in Newton.  

Chief Streeter introduced Ronald Laffely of Fulcrum Architects in Salisbury, MA whom he has worked with in Salisbury when renovating the Salisbury Police Station.  Chief Streeter contacted him to ask if he would help him again in Newton to work on a proposal to the Board and to work on a contingency basis unless a warrant article is approved by the voters.  Mr. Laffely agreed to work under a contingency basis and prepared a proposed site plan and proposed floor plan for the Board’s consideration.  Chief Streeter added that the proposed plan would fall somewhere between $600,000 and $900,000 and that he checked with the Bond Bank and for a twenty year bond using the $900,000, the highest year, the first year and would add .18 cents onto the tax rate and using the average cost of a house in Newton at $300,000 the cost would be approximately $54 which would reduce every year over the twenty year bond.  The proposed plan adds to and renovates the existing building and takes care of the operational needs of the department for the next 25 years.

Mr. Laffely talked about the proposed building and handed out a drawing with ideas as an upfront introduction.  Mr. Laffely stated the proposed building would include a much needed Sallyport for transporting in and out of the lockup area, storage area and a male and female lavatory (currently there is only one lavatory) and office space needed for the staff.  Mr. Laffely added that he has a couple of concerns with the wetlands area for it is approximately (2) acres and we need to know how far the wetlands encroach for it may impact the building design as well as the parking area.  Mr. Laffely discussed the cost in that it is a variable, based upon materials used such as vinyl siding vs. brick and the option of using town residents with building expertise that may want to donate their time.

Selectman McCarthy discussed the option of checking with State programs for a way to go “green” with funding for lighting or heating and by using a high efficiency furnace.  It was discussed that the high efficiency installation is generally more expensive initially but pays itself back over time.

Selectman McCarthy discussed the need to contact a wetlands specialist next before we move forward and the need to flag the site.  Selectman McCarthy added that she will contact a wetlands specialist to work on this project for she has a few contacts in town.  Mr. Laffely added that pavement would not have to be put in the back for we could use compacted gravel as one way to mediate drainage in the back parking area.    

Chief Streeter stated that he worked on preparing a simple project, which is a little over 3,000 square feet to help the department become self sufficient and; the preliminary pricing has been discussed if the Board would like to pursue it, if not, nothing lost nothing gained.

Chairman Donovan responded that he has no problems with this project and feels that it is a good idea and asked what would be the next step.  It was discussed that it is a good idea to contact the contractors in town to see if they could make this a community based project; it was stated that Chief Streeter is good at pulling talent out of people.

Mr. Laffely stated that the next step is to add more information to these drawings and to write a specification sheet and finalize the numbers but before any of that can take place we need to determine the wetlands impact so the footprint of the building and the parking lot can be finalized.

B.      Road Agent Mike Pivero Re: Smith Corner Road/Peaslee Crossing Intersection

Road Agent Mike Pivero was unable to attend the meeting.  Selectman McCarthy was contacted by Mike before the meeting and asked for the Board to set a date to hold a site walk at the intersection of Smith Corner Road/Peaslee Crossing Road.  The Board decided to hold the site walk on Thursday, September 4, 2008 at 5pm.

C.      IT Consultant Specifications

Selectman Trisha McCarthy stated that she received a response from five (5) area towns regarding their current IT Services.  The Board reviewed the list and found that out of the five towns, Plaistow and Sandown use RMON Networks, Danville and Atkinson use Adel-XT and East Kingston uses Choice Point for their IT Services.  Selectman McCarthy remarked that the five area towns consulted on the fees for this service, they are paying more than double what the Town of Newton is paying.  Chairman Donovan added that his recommendation is to contact the three companies to have them give the town an assessment of the cost to the town.

The Board agreed to have the three companies give an assessment as to the cost for IT Services to the Town of Newton and Selectman McCarthy will contact the companies.  

D.      Discussion of Bulk purchase bids for #2 Fuel Oil

Office Manager Winglass informed the Board that she has not heard back from the Town of Danville or the Town of Sandown regarding the bids for #2 fuel oil.  The Board asked that we contact the town’s to let them know that Newton plans on making a decision at their next Selectmen’s meeting on Monday, September 15, 2008.

New Business
          A.    Town Moderator Robert Dezmelyk Re: Upcoming elections

Moderator Robert Dezmelyk was present and spoke to the Selectmen about the issues relating to the Selectmen for the upcoming elections.

Mr. Dezmelyk stated that the Selectmen are responsible for providing a place to hold the meeting and to appoint the Inspectors of Election.  Mr. Dezmelyk talked about how traditionally the federal elections are held at the Town Hall which has its pluses and minuses.   Federal elections have shorter ballots and people move more quickly through the voting process, although it can get very busy at the beginning and end of the day.  The kids are in school that day and with the amount of people holding signs and voting, in his opinion it is not appropriate to hold the Federal Elections at the School.  No one wants to have the circumstances where there is congestion as the kids are coming and going from school.  Mr. Dezemelyk did inform the Selectmen that there are some space constraints at the Town Hall but he was not too concerned for he felt that he could make it work.  Mr. Dezmelyk added that the reason why we always hold the Annual Town Meeting at the School is because it takes longer to vote as there are many questions on the warrant and the Town Hall has a limit, per the Fire Marshal’s Office, of 49 people at any one time in the Town Hall.  

Mr. Dezmelyk added that the Selectmen are responsible for making sure there is compliance with the facility for access to the disabled and equipment in place for voting.  Mr. Dezmelyk assured the Selectmen that we are in compliance with the ADA regulations and we have the fax machine in place for the disabled.

Mr. Dezmelyk stated that there are two things we need to do to make things work which is to invest in ropes for forming lines for we need to be better with shaping the boundary lines and the other item is table top dividers so people can sit down to vote and they are relatively inexpensive.  It was decided to ask John Meserve, President of Merrimack Savings Bank to find out if he has ropes that the Board can borrow and to purchase the table top dividers as needed.

The last item discussed was Appointing Inspectors of Election.  Mr. Dezmelyk outlined the State regulation which allows both parties, democratic and republican whom may each appoint for each polling place one additional inspector for every 1,500 qualified voters, between September 15th and October 15th.  If the parties don’t appoint then the Selectmen appoint, they are two year appointments and they must be a voter of the town.          

Mr. Dezmelyk recommended for the Selectmen to hold off appointing anyone now in order to wait and see if the parties appoint anyone but he does recommend that the Board appoint Cheryl Saunders as an Inspector of Election so that she can work the State Primary Election.

Mr. Dezmelyk suggested that the Board look at the ADA regulations just to make sure we are still in compliance.  Chairman Donovan asked about having an officer on duty.  Chief Streeter agreed with Mr. Dezmelyk in that there is no need to have an officer on duty for the State Primary Election and recommended that we have two officers on duty for the Presidential Election on November 4, 2008.  Chief Streeter added that he is also in agreement with the Moderator that we hold the election at the Town Hall and spoke about the increase in population in town.  The Board agreed to hold the November 4, 2008 Presidential Election at the Town Hall.

Selectman McCarthy asked Mr. Dezmelyk if he has a copy of the ADA Checklist that he could send to the Selectmen’s Office.  Mr. Dezmelyk responded yes that he will forward it to the office.

Chairman Donovan motioned to appoint Cheryl A. Saunders as an Inspector of Elections with an expiration date of 2nd September 2010.  Second by Selectman McCarthy.  Vote: Unanimous.

B.      Memo from Recreation Commission Re: credit card

Chairman Donovan informed the Board that the Recreation Commission would like for their Secretary Lisa Babcock to have a town credit card for purchases approved by the Recreation Commission.  Town Administrator Nancy Wrigley responded that if the Board approves this request, as other departments have credit cards, then she will work with Merrimack Savings Bank to complete the application.  

Chairman Donovan motioned to allow the Recreation Commission to apply for a credit card referencing the name of the Recreation Commission.   Second by Selectman McCarthy.  Discussion:  TA, Wrigley added that the credit card will have the Secretary’s name as well as the Town of Newton.  Vote: Unanimous.

C.      Memo from Fire Chief Ingalls Re: Carbon Monoxide Grant

Office Manager Winglass informed the Board that Fire Chief Bill Ingalls came into the Selectmen’s Office earlier today and reviewed the paperwork for this grant and it was determined that the deadline for this grant was September 1, 2008.  The Board discussed that this was on a past agenda but the meeting was cancelled and asked for deadlines to be included when submitting information to the Board.

D.      Letter from Resident Gayle Burke Re: Heath Street

Selectman Trisha McCarthy addressed the letter of concern received from resident Gayle Burke regarding recent activity with a new development on Heath Street and to make sure developers maintain the trees and stone walls as Heath Street is a designated scenic road.  Selectman McCarthy replied that the developers were in compliance with the town’s zoning ordinances regarding scenic roads as the Conservation Commission and Road Agent Mike Pivero were both actively involved while the work was being done.  Selectman McCarthy added that the Conservation Commission is working on a warrant article to fine tune the scenic road ordinance.

E.      Letter from Marcia Walker Re: Goulds Hill Road

Police Chief Streeter addressed a memo that he prepared as a direct response to a letter from Marcia Walker of Goulds Hill Road, who was present in the audience.  Chief Streeter read his memo to the Board of Selectmen stating that over the past several years the Police Department has had a number of complaints concerning speeding vehicles on Gould’s Hill Road.  The Police Department has attempted to address the issue with specific speed enforcement but with limited resources with only one (1) patrol vehicle on duty, it has exceeded the available resources.

Chief Streeter referenced two recent events that could have ended far more tragically than they did and commented that this road is used as a shortcut onto Amesbury Road or to North Main Street.  Whereas Gould’s Hill is a town road and North Main Street and Amesbury Road are state owned roads, Chief Streeter suggested for the Board to request a study/review from the State Traffic Engineer through the NH Department of Transportation.  As an alternative, the town could come up with its own plan that would have to be submitted for approval to the Department of Transportation regardless based on RSA 236:1.

A discussion ensued regarding enforcing versus changing the dynamics of the intersection and benefits of altering the intersections.  Regulating the road includes speed, speed bumps etc. but intersection changes made on a town road that abuts a state road has to be approved by the state.  Town Administrator Wrigley discussed past research done by the Newton Safety Committee when they were looking to have the State alter the North Main Street/Maple Ave/Amesbury Road intersection but they were told that there were not enough fatalities for the State to give out money for this project.

The Board decided to send a memo to Road Agent Mike Pivero asking him to talk to the State to see if they would look at the intersections or if they would allow the town to alter the intersections.

F.      Conservation Commission request to appoint Sheila Bergeron as an Alternate Member

Chairman Donovan motioned to appoint Sheila Bergeron as an Alternate Member to the Conservation Commission.  Second by Selectman McCarthy.  Vote: Unanimous.

G.      2008 Allowable Number of Elderly Units

Town of Newton Zoning Ordinance XXXI, Elderly Housing, section II, General Standards, paragraph b, states “The total number of elderly housing units in the Town of Newton shall not exceed ten percent of the total dwelling units then existing in the Town of Newton”.  The Board of Selectmen is responsible for the calculation of the total number of allowable Elderly Housing Units and adopted a procedure for calculating that number.  The total number of allowable elderly housing units is determined by multiplying the total number of dwelling units by point 10 (.10) and rounding down to the next whole number.  When the Planning Board signs a mylar approving a plan for Elderly Housing, the number of units permitted on that plan shall be subtracted from the total number of allowable Elderly Housing units remaining.

The Board reviewed a spreadsheet showing all the Occupancy Permits issued from April 1, 2007 through March 31, 2008; there were a total of 13 new occupancy permits but only 6 were new dwelling units.  The total dwelling units in town as of April 1, 2007 were 1,532 plus the 6 new units total 1,538. 1,538 x .10 = 153.  The total approved elderly housing units is 150 (Jacob’s Village=22 units, White Fence=80 units, Fitz Realty Trust=48 units), which leaves a total of remaining allowable number of elderly units as of April 1, 2008 equals (3). 153-150=3.

Chairman Donovan motioned that the Town of Newton has (3) remaining allowable number of elderly units as of April 1, 2008.  Second by Selectman McCarthy.  Vote: Unanimous.

V.      Announcements
·       Tuesday, September 9, 2008 State Primary Election at the Town Hall.  8am to 8pm.

·       The Selectmen’s Office is closed tomorrow for training purposes but the Building department, Assessing and Town Clerk/Tax Collector’s Offices will be open.

VI.     Accept Minutes of Selectmen Meetings
·       Selectmen’s Public Meeting minutes of June 16, 2008, June 23, 2008, July 28, 2008
·       Selectmen’s Nonpublic Meeting minutes of June 16, 2008, July 9, 2008,
·       Selectmen’s Public Hearing minutes of July 21, 2008

The Board decided to wait to accept the minutes until Selectman Raymond Thayer returns.

VII.    Reports from Department Heads
VIII.   Review of Action Items
IX.     Adjourn

Chairman Donovan spoke on the need for everyone to protect themselves from mosquitoes for they are out in full force and the first line of defense is protection.    

Selectman McCarthy announced that there will be no Conservation Commission meeting this Thursday and it has been rescheduled to next Thursday.  

Selectman McCarthy announced that the Transfer Station Amnesty Weekend was a overwhelming success and she thanked everyone who helped out at the Transfer Station.  Selectman McCarthy added that she received three letters thanking everyone for their help.  

Andrew Morse, Cable Committee informed the Selectmen that the 90% of the upgrade is in place and in order to complete it, the computer either has to be upgraded or we need to purchase a new one.  Options discussed were to purchase a used or refurbished computer and/or to upgrade the existing computer.

Chairman Donovan motioned to adjourn at 9:13pm.  Second by Selectman McCarthy.  Vote: Unanimous.

                                                                        Respectfully Submitted,


                                                                        Mary B. Winglass, Office Manager