SELECTMEN’S PUBLIC MEETING
December 22, 2008
I. Call to Order
Chairman Donovan called the meeting to order at 5:08pm. 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; the minutes were transcribed and typed by Office Manager Winglass.
II. Introduction of Guests
III. Old Business
5:00pm - Continued discussion of the Transfer Station site improvements
Present was Transfer Station Manager Andrew Morse
The Board reviewed an estimate from Councilman Electric to wire electricity to the new shed for $1,817.50. Morse explained that the fortunate issue with this installation is that there is a power line overhead that will be used to hard wire the shed which will save money for this upgrade and will take approximately one week to do the job. The Board discussed that this will be paid out of the warrant article for site improvements at the Transfer Station.
Chairman Donovan motioned to carry forward $1,817.50 from the 2008 warrant article #15 for site improvements at the Transfer Station for the electrical repairs and rewiring for the new placement of the guard shack estimated from Councilman Electric. Second by Selectman Thayer. Vote: Unanimous.
Morse stated that he looked at new sheds for the Transfer Station to replace the structure covering the tractor and the two to the left. Morse discussed two different configurations depending on the type of replacement structure. The structure covering the tractor is an 18 x 22 building, replacing it with a vinyl building would cost $9,900 and a wood building costs $8,850. The tractor would have one building and the tires and batteries would house the second building. Personally, Morse preferred wood for he felt that vinyl could easily incur damage. Chairman Donovan stated that he prefers vinyl over a wood structure for wood rots and vinyl would last longer. Morse added that these estimates are for sheds with no floors.
Selectman McCarthy asked if we could move the buildings, if needed. Chairman Donovan responded that Road Agent Mike Pivero would be able to move the buildings with his equipment. Chairman Donovan questioned if we want to use the metal containers for they can be used to house the tractor; it was discussed that the buildings would look better than the metal containers. Morse added that the oil house is a 12 x 14 structure and he has a price for a building at $4,448. Morse informed the Board that he has heard a rumor that there is a petition warrant article to replace the four structures at the Transfer Station.
Chairman Donovan asked if Morse received any estimates from any other companies such as Swings n Things and Post Woodworking. Morse responded “no”; the Board asked for Morse to have written estimates from these other companies for next Mondays meeting as required per the town’s purchase policy.
Morse stated that when looking at his budget for this year he will have a surplus and would like to purchase a chipper with the funds remaining in the budget. Morse explained that it cost $4,400 recently to chip the wood pile and his recommendation is to purchase a chipper, for one person to use, which will help to keep up with approximately 80% of what the town receives. Morse stated that he would be the only one to use the chipper and then presented an estimate from MB Tractor. The estimate was for a chipper as an attachment to the tractor; one is a manual feed and the other is for a hydraulic feed and it was recommended to purchase the hydraulic feed. Chairman Donovan responded that he has no problem with purchasing a chipper but to tie up the tractor while using the chipper and the wear and tear on the tractor is
a concern. Chairman Donovan asked for Morse to get prices for a stand alone chipper for the Board’s next meeting.
The Board discussed with Morse that the Transfer Station is back to regular hours of operation, for during the electrical outage due to the ice storm, the Transfer Station was open extended hours for residents to clean out their refrigerators and freezers and to clean their property of debris. Morse informed the Board that the Transfer Station sustained some damage from the ice storm for a tree came down through the wood fence which resulted with damage to a couple of the supports and slats.
5:30pm - Assessor Andrea Lewy Re: 2009 Contract
Present was Town Assessor Andrea Lewy
The Board reviewed the 2008 assessing contract and discussed the cost of conducting a statistical update with an estimated cost of roughly $60,000 and that it may be prudent to start a Capital Reserve Fund for this purpose. Andrea discussed that the 2009 contract is to provide general assessing and year four of the data verification. Chairman Donovan asked Andrea how much more it would add to this contract to include an assistant to process the paperwork that currently is being done by the Town Administrator. The Board discussed that they have been toying around with what can be done to help alleviate some of the workload from the Town Administrator. Andrea responded that she will work on the contract to include an assistant for next Monday’s meeting.
Chairman Donovan recessed the meeting at 5:40pm. Second by Selectman McCarthy. Vote: Unanimous.
Chairman Donovan called the meeting back to order at 6:03pm. Second by Selectman McCarthy. Vote: Unanimous.
6:00pm - Discussion of the Tuesday, December 9th Election for Fire Chief
Present were Fire Chief Bill Ingalls, Deputy Fire Chief David Baker, Captain Dale Putnam, Lieutenant Mike Williams and Lieutenant Jim Ingalls and members of the Fire Department Bill Kolias and Keith Bertogli.
Chairman Donovan spoke on the reason for holding this discussion is due to the tie vote held by the Fire Department on December 9, 2008 for the elected position of Fire Chief. Chairman Donovan added that we are here tonight to determine the best thing to do and the Board is open for ideas.
Fire Chief Bill Ingalls spoke that it has been discussed that there are several ways to handle this situation but his recommendation is for the Selectmen to make the appointment tonight; it has been very stressful over the past couple of weeks and he would like to see this issue resolved tonight.
Captain Dale Putnam stated that he agrees that the Selectmen should take things by the horn for unfortunately the Fire Department bylaws never stipulated what to do in the event of a tie vote; the plan is to amend the bylaws this coming spring and whatever happens with this election we will make sure to tie it into the bylaws. Putnam added that he feels that the Selectmen should make the decision but felt it would be appropriate to conduct interviews in nonpublic session. Putnam informed the Selectmen that if this issue is not resolved by midnight on December 31, 2008 then the Deputy Fire Chief would become acting Chief until things are resolved. Putnam added that if the Selectmen decide for the Fire Department to hold another election then his recommendation is to hold the election at Town Hall for there have been
rumors going around and we need to make sure that it is being done fairly.
Selectman McCarthy stated that she spoke with the (NHLGC) NH Local Government Center and they talked about a few ways the town can handle it for it is not stipulated in the bylaws. NHLGC asked her to look to see if there were any town policies to handle this situation to make sure all avenues have been covered and it was found that there are no town policies addressing this issue. Another way to look at a tie vote per the NHLGC is typically what would happen is the incumbent would win, you can hold another election or the Selectmen could appoint as the Governing Body. This information was given to Selectman McCarthy by the Local Government Center free legal services.
Selectman Thayer stated that he spoke with the office of the Secretary of State, Mr. Scamon and this election does not fall under the State election rules but if it did then it would be determined by drawing straws or flipping a coin, therefore the only solution left is for the Selectmen to appoint.
Deputy Fire Chief David Baker asked for the Selectmen to appoint for anything else will continue to rip the department apart and this way will help us to heal quicker.
Bill Kolias, Newton Fire Department discussed that the Fire Department has 26 employees and talked about the options mentioned above, in particular, appointment by the Selectmen, incumbent as the winner, to hold another election and as far as the Selectmen appointing a Chief he questioned what criteria the Selectmen would use to make the decision to appoint one candidate over another; criteria that should be used are performance, knowledge and skills and he questioned how well informed or privy the Selectmen are in order to make that decision. As far as the incumbent winning the election means the Chief becomes Chief by default and Kolias stated that he felt that this is probably not the best way to handle this issue. Another vote would need to be handled carefully and Kolias stated that he felt the best way to handle this is to
have another vote held by the Fire Department and let the department decide and for the Selectmen to decide before the vote on what will happen if it ends in another tie.
Fire Chief Bill Ingalls agreed that there are 26 employees on the Newton Fire Department but the Board of Selectmen should be looking out for the whole town and not just a small group, therefore by looking out for the best interest of the town, his recommendation is to make a decision tonight.
Selectman McCarthy added that she respects everything that has been said tonight but as a Police Officer for many years and with three relatives working in Fire Departments she has a good idea on what goes on within the Fire Department. Selectman McCarthy added that over the past 8 days, the Selectmen spent over 170 hours at the Fire Department helping out during the emergency due to the ice storm. Selectman McCarthy stated that during that time spent at the Fire Station she had numerous opportunities to observe and to discuss issues with the department personnel. Yes there are certification and requirements that she is unaware of, but first and foremost we need to think in the best interest of the town and that is to make a decision tonight.
Chairman Donovan asked the other Selectmen if they want to make a decision tonight after what they observed over the past 8 days. Selectman McCarthy stated that she has had time to spend with both candidates at the Fire Station and has spoken to about 10 employees at the Fire Department, yes she is ready to make a decision tonight. Chairman Donovan asked the other Selectmen if they feel comfortable tonight about making a decision then he would make a motion for consideration. Selectman McCarthy and Selectman Thayer agreed to move forward with a decision tonight.
Chairman Donovan motioned due to the tie vote at the Fire Department election for Fire Chief, we appoint Bill Ingalls, Fire Chief of the Fire Department for the next three years until the next election. Second by Selectman Thayer. Vote: Unanimous.
6:45pm - Discussion of the proposed Police Department building renovations
Police Chief Lawrence Streeter stated that the last time he came in front of the Board of Selectmen it was decided that the approach we would take is to look at the land availability to determine what we could do with the existing land that houses the Police Station. Due to the wetlands on the property, the Board asked for a professional to delineate the wetlands, which was done by Mike Seekamp of Newton and based upon his findings, the original plan was restructured to use every square inch of the property. The end result is a building designed as a viable option for the Police Department for the next 25 to 30 years.
Ron Laffely of Fulcrum Architects in Salisbury, MA discussed the layout of the building, the option of retaining a project manager and budgeting for this renovation.
Chairman Donovan talked about the change to the department over the years and stated that they are busting at the seams, the electrical is inadequate and is a disaster waiting to happen. Chairman Donovan stated that he feels that the Chief has presented the town with a viable option with no land purchase. The Board discussed the need to get this information out to the public and the need to hold a Public Hearing Bond Issue. The Selectmen encouraged Chief Streeter to take pictures of what the building is like today to show the residents. Another option discussed is to prepare a description, shrink the floor plan and the reason why we need the change and put all this information out on the town’s website. Selectman McCarthy offered to prepare a virtual walk thru of the present office and a virtual
showroom of the proposed building.
Police Chief Streeter commended Road Agent Mike Pivero and the Selectmen for their efforts with the emergency situation created by the ice storm and added that it was a pleasure to work together.
7:15pm - Road Agent Mike Pivero Re: Sand/Salt access for residents, yearly well testing, Nextel Cellular equipment lease, notice to residents regarding winter maintenance
Sand/salt access for residents
Road Agent Mike Pivero was present and discussed with the Board that a memo came into the Selectmen’s Office asking where sand will be available for residents. The resident questioned if the Transfer Station is closed when it snows then it won’t do them any good so they are looking for it to be accessible at some other location.
The Board discussed that sand has always been made available to the residents at the Transfer Station. Pivero added that clearly there should be a spot for residents to access sand and there should be some type of limit or quantity to take at one time such as a five gallon bucket. It was discussed that having the sand at the Transfer Station allows for residents only access and it is a simpler and logical location to supply it for the main supply is on the abutting lot.
Chairman Donovan motioned to allow the Road Agent Mike Pivero to build some type of structure or enclosure for sand storage to be used by the residents at the Transfer Station with a five gallon bucket limit. Second by Selectman Thayer. Road Agent Mike Pivero recommended for this decision to be added to the Snow and Ice Removal Policy. Vote: Unanimous.
Yearly Well Testing
Road Agent Mike Pivero discussed the Board’s decision to test two resident wells on abutting properties to the sand/salt shed. The tests came back and they both meet EPA primary standards for safe drinking water based upon the sample(s) received and analyte(s) tested. Pivero asked the Board if the town will be conducting this test yearly and what budget covers the cost come to pay for the testing.
The Board agreed to conduct yearly testing and to pay for it out of the General Government Buildings budget. The testing will be handled by the Selectmen’s Office. Pivero added that it may make some sense to contact R. W. Gillespie & Associates to inform them of the change and to keep their eye on the test wells as far as sodium levels for if something shows up then we would immediately test the residential wells. The Board asked for a letter to be sent to Gillespie asking them to keep tabs on the wells.
Nextel Equipment Lease
The Board reviewed a lease agreement between the Town of Newton and Eastern Seaboard Concrete Construction for the lease of one Nextel cellular phone used by the Road Crew. The term is for twelve months with a monthly cost of $60 per month.
Chairman Donovan motioned to accept the lease agreement with Eastern Seaboard Concrete Construction for the Nextel cellular phone for a term of 12 months at $60 per month with an annual cost of $720.00. Second by Selectman Thayer. Vote: Unanimous.
Chairman Donovan motioned to amend the Highway Department budget for Telephone and Radio from $480 to $720, which is a difference of $240 per year. Second by Selectman McCarthy. Vote: Unanimous.
Selectman Thayer questioned the lease agreement that reads the cost is $60 per month and an annual cost of $720.00. Pivero will check with his office and get to the town a final cost.
Notice to residents regarding winter maintenance
Pivero explained to the Board that about three weeks ago he went out and did a survey of the town with residents that have placed markers on the edge of the pavement for plowing purposes and most of them are in the “neutral zone” or town easement. As each road is different and there is no specific uniform footage, except on new roads, to delineate the town easement Pivero is using four feet off the pavement as a rule of thumb. Pivero added that the one thing that falls within that easement are mailboxes. Pivero stated that the problem is if we get two feet of snow, it needs to go somewhere for it needs to be cleared from the roads as it is a safety issue.
Pivero added that not only is he facing markers on the edge of the road but parked cars, sports paraphernalia such as basketball nets. The Board discussed writing a parking ban ordinance in order to put something in writing to lessen the arguments when the snow comes. Town Administrator Nancy Wrigley will check surrounding towns to see if they have any ordinances in place.
Pivero prepared a preliminary letter to send to the residents that had markers on their property but now that we have faced our first storm, we have passed the point of sending out the letter. The Board suggested that we put the letter on the website for all residents to better understand the set back off the road pavement.
The Board thanked Road Agent Mike Pivero for a fantastic job during the emergency which resulted from the ice storm. Pivero responded that he has some background with emergency situations and stated that he thought Unitil did a great job and this will be a historic event for the Energy Systems. Pivero added that he thought the town did a great job but we need to plan better, therefore we need to debrief soon after this event to determine what worked best and what did not.
7:45pm - Review requests for 2008 Encumbrances
The Board tabled this item until next Monday, December 29, 2008
8:15pm - Letter to American Medical Response from Fire Chief Ingalls Re: AMR contract
Fire Chief Bill Ingalls informed the Board that he has been working with the area Fire Chief’s on an ambulance agreement and we have a written agreement with Trinity EMS, Inc. to provide emergency medical services and transports within the service area of the towns of Atkinson, Danville, Hampstead, Newton, Plaistow and Sandown. Chief Ingalls stated that Town Attorney Sumner Kalman reviewed the agreement and came back with some changes and once all the towns approve and sign the agreement then service will be guaranteed for the six towns.
Chief Ingalls added that on December 1st a letter went out to AMR informing them if they want to be considered for the ambulance contract, an outline of services with associated costs must be in by Friday, December 19, 2008. Chief Ingalls responded that AMR sent in a proposal asking for $200,000 to service the six towns.
The Board asked for the Trinity agreement to be sent to Town Counsel for his review and comment. Chief Ingalls will bring in the final contract for the Board to sign once all towns are in agreement
8:30pm - Review 2009 budgets
A. Financial Administration budget
B. Executive budget
C. Insurance budget
The Board tabled this review until Monday, December 29, 2008.
IV. New Business
A. Review memo from the Planning Board Re: George’s Way & Brenner Drive Ext
Road Agent Mike Pivero discussed that the Planning Board does not have any problems with George’s Way & Brenner Drive Ext and voted to recommend that the Board of Selectmen release the road bonds. The Planning Board suggested that the Road Agent check the road but with the snow we received, we have lost the window of opportunity. Pivero stated that the road has been in place for two years with no issues and his recommendation is for the Board to release the bonds.
Chairman Donovan motioned to release the bond to EML Builders for Brenner Drive Ext and Georges Way after checking with the Treasurer on the balance of the bond. Second by Selectman McCarthy. Vote: Unanimous.
Chairman Donovan motioned to release the bond to George & Sons, George’s Way after checking with the Treasurer on the balance of the bond. Second by Selectman McCarthy. V0ote: Unanimous.
B. Open bids for “Replacement Windows and Doors” at the Town Hall
The Board opened bids received for the replacement windows and doors at the Town Hall from the following companies;
Englewood Construction Corporation of Manchester, NH
Buildtech, Inc. of Methuen, MA
Pizzagalli Construction Company of Portland, ME
Binswanger Glass of Brentwood, NH
A.J. Wood Construction, Inc of Salem, NH
Schroeder Construction Management of Nashua, NH
Precision Remodeling, Inc of Holyoke, MA
Dagan Construction of MA
Hi-Tech Window & Siding, Inc of Haverhill, MA
Newton Glass & Garage Door of Newton, NH
Exeter Glass Co of Exeter, NH
The Board decided to prepare a spreadsheet comparing the bids and to discuss it again at the next Selectmen’s Meeting.
C. Review bid recommendations for “Greenie Park Field Maintenance”
The Board passed over this review for the Board has not received, as of this date, a recommendation from the Recreation Commission.
D. Conservation Commission Easement
Present was Resident Mary Marshall
The Board reviewed paperwork for the Conservation Easement for the Foy/Northland Property. Mary Marshall discussed that there are two parcels to be consolidated; 12.33 acre and a 6.19 acre lots that will be combined but Foy must hold the land for one year for tax benefits. Selectman McCarthy added that this has all been approved by the Conservation Commission and reviewed by Attorney John Ratigan of DTC at Law. The Board approved of the easement tonight but will not sign the paperwork until after the Conservation Commission approves it, per a vote of the Conservation Commission this week. The Town of Newton will own the easement once it is final.
Mary Marshall added that she is very comfortable with the easement language for it was taken from the Hidden Acres Easement language and asked for the Chairman to initial every page of the easement.
Selectman McCarthy motioned for the Board of Selectmen to accept the language in exhibit A for the Foy/Northland property at the 12.33 acre parcel and the 6.19 acre parcel with a conditional that the Conservation Commission approve it tomorrow night. Second by Donovan. Vote: Unanimous.
Selectman Thayer motioned to authorize Selectman Trisha McCarthy to sign the closing documents on Monday, December 29, 2008. Second by Chairman Donovan. Vote: Unanimous.
Mary Marshall added that after the Conservation Commission meeting, the Selectmen will need to sign the paperwork and she highly recommends that the Chairman initial every page of the easement.
The Board then reviewed a letter from DTC asking if the town wishes to request an Owner’s Policy of Title Insurance.
Selectman McCarthy motioned to approve the owner’s policy of Title Insurance for the Foy property on Peaslee Crossing Road for a purchase price in the amount of $212.50. Second by Chairman Donovan. Vote: Unanimous.
V. Announcements
· Wednesday, December 24th Town Offices will close at 12noon
The Board thanked all the town residents that helped out during the ice storm with special thanks goes out to the Fire Department, Police Department, Selectmen, Road Agent, Emergency Management and anyone else who helped during this difficult time.
VI. Accept Minutes of Selectmen Meetings
- Selectmen’s Public Meeting minutes of November 24, 2008 and December 1, 2008
- Selectmen’s Nonpublic Meeting minutes of November 24, 2008
The Board tabled accepting the meeting minutes.
VII. Reports from Department Heads
VIII. Adjourn
Chairman Donovan received a call from the Sanborn Regional School District stating that there will be school tomorrow.
Selectman Thayer stated that Packer Meadow will still have their Christmas party sometime in January. Chairman Donovan added that the Christmas party is not a town run function and is personally funded with donations from businesses and town residents.
Chairman Donovan motioned to go into Nonpublic Session under RSA 91-A:3 II (a) – Employee Evaluations; (b) – Cable Operators. Second by Selectman McCarthy. Roll Call Vote: Chairman Donovan – yes; Selectman McCarthy – yes; Selectman Thayer – yes. Vote: Unanimous.
Chairman Donovan motioned to adjourn at 9:10pm. Second by Selectman Thayer. 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 approve a merit increase for Theresa Morse, part time Transfer Station Attendant from Grade V, step 2 to step 5, $10.12 per hour effective July 1, 2008
· The Board unanimously motioned to rethink Office Manager Mary Winglass’s evaluation and offer a 2.5% merit increase effective as of her anniversary date.
Respectfully Submitted,
Mary B. Winglass, Office Manager
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