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November 17, 2008 Board of Selectmen Minutes
SELECTMEN’S PUBLIC MEETING

November 17, 2008

Call to Order

Chairman Donovan called the meeting to order at 5:04PM.  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.  Minutes were audio and video taped; minutes were transcribed and typed by Office Manager Winglass.

Chairman Donovan motioned to go into Nonpublic Session under RSA 91-A:3 II (b) – Code Enforcement; (a) – Building Department; (c) – property taxes and Fire Department; (e) - litigation.  Second by Selectman Thayer.  Roll Call Vote: Chairman Donovan – yes, Selectman McCarthy – yes, Selectman Thayer – yes.  Vote: Unanimous.

Chairman Donovan motioned to recess the nonpublic meeting at 6:45pm until after the public meeting.  Second by Selectman McCarthy.  Vote: Unanimous.

Introduction of Guests
Old Business
·       Outstanding Action Items
A.      Discussion with Fire Chief Ingalls RE: Category update to the matrix classification

Present was Fire Chief William Ingalls

Chief Ingalls discussed with the Board the need to revise the Matrix Classification Plan to include the position of “Firefighter I & II”.  Town Administrator Nancy Wrigley asked Chief Ingalls if he currently has any employees working under this title.  Chief Ingalls responded no but he is expecting to use this category in the near future.  

Chief Ingalls added that with the number of newly expanded state regulations and number of training hours required plus the responsibility of firefighters each time they go on a call; he recommends that the Board and the Fire Department review the department’s matrix classification in the coming year.

Chairman Donovan motioned to create a new classification in Grade XI of the Salary Classification Plan to include Firefighter I & II.  Second by Selectman McCarthy.  Discussion: The steps within the plan are based upon the qualifications of the employee.  Vote: Unanimous.

Chief Ingalls informed the Selectmen that American Medical Response (AMR) has given notice of their plans to breach their contract with the town for they are saying that they are not making enough money.  Chief Ingalls added that he will be attending a meeting this Thursday in Plaistow to review the RFP’s received for ambulance service last time they went out to bid.  Selectman McCarthy asked if we could save any money by having our own truck for transportation.  Chief Ingalls responded that we would need to hire two full time employees as well as purchasing the vehicle and equipment; we do have surrounding towns that would help with transport, if needed.  Chief Ingalls stated that the town has not received anything in writing yet but we should have it by the end of the week; the contract is for another two years and based upon the outcome he is notifying the Selectmen for budgeting purposes.  The Selectmen asked for Chief Ingalls to keep the Board in the loop.

B.      2008 and 2009 proposed Building Department budget

Present were Chief Building Official Ron LeMere

Chief Building Official Ron LeMere discussed his proposed 2009 budget for he relocated money within his budget but kept the bottom line the same as last year.  LeMere stated that he reduced the Building Inspector’s payroll and relocated the funds between the Assistant Inspectors payroll and permit clerk payroll line items within the budget.  LeMere addressed the need for a permit clerk to work in the office taking care of filing, phone calls, scheduling appointments and working with the Avitar Software to keep the department in order.  LeMere stated that currently his inspectors are doing this work at $25 per hour which does not make a lot of sense when the town can hire a part time clerk at around $12 per hour to handle this work.  The permit clerk will also help offset the cost of the inspector’s cell phone.

Chairman Donovan questioned that the permit clerk is basically a secretary and last year the town voted down the warrant article for a secretary.  LeMere explained that the Secretary voted down at Town Meeting was a Secretary for the Selectmen’s Office and to raise and appropriate funds to cover the additional payroll; his budget will absorb the cost of the permit clerk and is a more efficient spending of his budget as the permit clerk will be paid much less than the Asst Building Inspectors.  LeMere added that the department would have a live person to speak to and all this is paid from the permit fees.   

Selectman Thayer discussed purchasing the Avitar Building Permit System Software.  LeMere addressed the benefit of this software to include document retention for permit reference as once it is entered into the system then the permit information is available to every department that is networked with the Avitar Assessing software and easily accessible.  Ron stated that he has the money in his budget this year for the purchase of this software.  If permits are misplaced, the data is still available.  LeMere talked about going through a period of updating the system with past permit information and then to update the system on a schedule each week.  LeMere stated that he has the funds in his budget and now would be the best time to make this purchase.  

Chairman Donovan motioned to accept the 2009 Building Department budget in the amount of $114,152.00.  Second by Selectman Thayer.  Vote: Unanimous.

Chairman Donovan motioned to purchase the software from Avitar Associates for the sum of $3,200.00 for the Building Permits System Software to be purchased out of this year’s budget.  Second by Selectman McCarthy.  Vote: Unanimous.



C.      Planning Board recommendation to accept Nordic Wood Lane as a Town Road

Mr. Fred Gunderson was present to answer any questions the Board may have in regards to the acceptance of Nordic Wood Lane as a Town Road.  It was discussed that the road deed will not be recorded until the Board of Selectmen gives the final approval to accept the road as a town road.  

Chairman Donovan motioned to accept Nordic Wood Lane as a Town Road as of today.  Second by Selectman McCarthy.  Vote: Unanimous.

D.      Cemetery Trustees 2009 proposed budget

Present was the Chairman of the Cemetery Trustees, William Landry

Bill Landry discussed the past budget and the present budget in order to give a synopsis of where they came from and how they arrived at the 2008 proposed budget.  Landry outlined the 2009 proposed budget to include repairs to the monuments and to the tomb roof and after a review of this year’s maintenance schedule for the cemeteries, the trustees decided to increase the trimmings by two in 2009.  Landry stated that the budget is woefully lacking for what needs to be done in the cemeteries.  

Selectman Thayer recused himself from the discussion for he is a Cemetery Trustee and voted to approve the cemetery maintenance contract for next year.  Landry stated that T&M Properties maintained the cemeteries this year and they did a great job at a good price.  Selectman McCarthy added that the town did not receive any complaints with the maintenance of the cemeteries, as has happened in the past and commended the Trustees for a job well done for the cemeteries mean a great deal to the people in town.    

Chairman Donovan motioned to accept the 2009 proposed Cemetery budget of $11,410.00.   Second by Selectman McCarthy.  Vote: Chairman Donovan and Selectman McCarthy – yes; Selectman Thayer abstained.  Motion passed.

E.      Gale Library 2009 proposed budget

Present were the Library Director Theresa Caswell, Library Trustee members Marilyn Landry and Carol Szot.

Library Trustee Carol Szot handed out a revised 2009 budget by showing the 2008 proposed budget versus the 2008 default budget in order to show the budget as proposed for 2008 versus the default numbers.  

After reviewing both budget spreadsheets with a brief question and answering period, the Board discussed that the 2009 budget includes only a 2.7% increase over the 2008 default budget.

Chairman Donovan motioned to accept the 2009 proposed Gale Library budget as written with a 2.7% increase for a total of $97,593.40.  Second by Selectman Thayer.  Discussion: It was discussed that the 2009 budget does not include the 2.5% cost of living increase.  Vote: Unanimous.



F.      2008 and 2009 proposed General Government Building budget

TA, Wrigley prepared two spreadsheets detailing the 2008 budget and 2009 budget for the Board to review.  Town Administrator Wrigley stated that due to working with a default budget this year and the concern with budgets possibly over expending, no scheduled maintenance took place at the Town Hall.  The following repairs at Town Hall included replacing the windows and insulation, rebuild the front stairs and replace the front doors (3), replace the faucets in the bathrooms and kitchen area, paint the large hall and the downstairs hall and reception area, replace the heat runs in the large hall and to repair and paint the ramp going into the Planning Board office.  

The Board discussed the need for some of these repairs to make the Town Hall more energy efficient such as the windows and doors for they are very old and drafty.  Another concern is the front stairs for they are separating from the building and the need to replace the faucets in the bathrooms for they are not working correctly.   Town Administrator Wrigley stated that current only approximately $6,000 has been spent from this budget and asked to get quotes and/or contracts for some of the repairs to be paid out of this year’s budget.  

The Board agreed to move forward with bids for the windows and to get quotes for the other repairs per the purchase policy in order to get some of these repairs done this year.

G.      2009 proposed Transfer Station budget

Present were Transfer Station Manager Andrew Morse

Andrew Morse discussed the fact that his proposed 2009 budget increased by 4.2% over the 2008 default budget.  The increases are in the salaries line item due to raises given this year, hauling and recycling.  Morse informed the Selectmen that scrap metal just went positive so he has called for a pickup.  

The Board then discussed that the site plan in the process of being drawn up by Dennis Quintal of Civil Engineering and then asked if the fence near the hopper has been repaired; Morse responded that the construction has started and will be finished this week.  Selectman McCarthy offered to check with Dennis Quintal to ask about the site plan.

Andrew Morse proposed to the Board to go out to bid for the repair of the fence at the front of the property for he thinks that he will have sufficient money in the budget this year to cover the cost.  The Board agreed to have Andrew get a bid price for the fence.    

ACTION ITEM: Selectman McCarthy will contact Dennis Quintal about the site plan and the Board will revisit the replacement of the fence at the front of the Transfer Station once we need to have a bid price.  The Board tabled this discussion until the November 28, 2008 meeting at 5pm.

Andrew Morse discussed next year’s budget he included funds in order to do some electrical work to improve the site.  The electrical work includes a light to show that the packer is in motion, a light at the burn pile and another set of flood lights at packer two.  The Board discussed that this may be paid out of the site improvement funds available this year and asked for Andrew to get a price.



New Business
A.      Hazard Mitigation Grant Program

The Board reviewed a letter from the State of New Hampshire Department of Safety requesting letters of interest from those planning on applying for the Hazard Mitigation Grant Program funds.  

Office Manager Mary Winglass informed the Board that she contacted the Department of Safety and was told that the Town of Newton does not have a Hazard Mitigation Plan in place; therefore no funds are available to the town until an approved plan is in place.  Winglass was told by the State that currently Emergency Management Director Larry Foote is working on a plan and the program will fund approved hazards that consistently happen due to bad weather conditions.

B.      Memo from Planning Board RE: Concerns at the location of 185 South Main Street

The Board reviewed a memo from the Planning Board regarding several concerns they have at 185 South Main Street after reviewing the amended site plan and a letter of concern submitted by residents Shawnee, John and Katie Bowden.  The first concern has to do with the wetlands; the Planning Board is concerned that the wetlands on the property may have been altered or eliminated and recommended that the Board contact the State of New Hampshire Department of Environmental Services to file a complaint with the Wetlands Bureau.  A memo was sent from the Selectmen’s Office to the Conservation Commission asking them for their review and comments.  The Conservation Commission in turn conducted a site walk on November 10, 2008 and it was determined that the silt fences and hay bales are the same ones used originally and they are in place and no wetlands have been broached, therefore they have no issues with the wetlands at this property.

The second concern stated that there may be some type of material processing occurring at the site when approval was never granted by the Planning Board.  Selectman Thayer stated that when working as Interim Code Enforcement Officer he saw piles of dirt that had been sifted to clean out the rocks and there was piping and culvert materials stored at the site and everything was very neat and orderly.  Selectman McCarthy added that when she was there the construction storage area was very clean.

The third issue stated that there “has been some indication that S&R has encroached on an abutting property along its northwesterly boarder.  The Planning Board recommends that this lot line be flagged to avoid future breaches of the boundary line.  The Board discussed that the town never gets involved with boundary lines for it is a civil issue and has nothing to do with the town.

The Board decided to send a memo to the Planning Board stating that the wetlands have not been compromised per the Conservation Commission’s site walk held on November 10th; S&R is a construction company and we have only seen them do is sifting and questioned if there is a violation of this activity in the Town’s Zoning Ordinance.  The Board asked for the Planning Board to define “processing of materials” and the third item relating to the encroachment of an abutting property, is a civil issue not a town issue.

C.      Letter from Harris Bank RE: Trust under Will of Emma Gale Harris, Gale Memorial Fund
        
The Board reviewed a letter from Harris Bank stating that many years ago the Gale Memorial Fund was established for the benefit of the community.  The terms of the trust direct the account income to be distributed for the greatest good to the Town upon the recommendation of the Board of Selectmen.  Currently the income balance of approximately $8,300 in the account is available and the Harris Trust would need a letter informing them of the income requested and for what purpose the income will be applied.

The Board discussed using the funds to help supply the Newton Food Pantry.  ACTION ITEM: Town Administrator Nancy Wrigley will check with the Welfare Agent on the needs of the food pantry in order to move forward with a request.  The Board agreed that it would be nice to try to get it before the holidays to help those in need.  

Announcements
·       State of NH Dept of Safety approved project application, declared on August 11, 2008 The Board
·       Rockingham County Commissioners RE: Discount card program for prescription drugs

Chairman Donovan read a letter from the Rockingham County Commissioners announcing the launch of a discount card prescription card program available under a program sponsored by the National Association of Counties.    The Board announced that the cards works for only those who do not have any prescription card services and are available at the Town Hall, Gale Library and the Welfare Office.

·       2008 Tax Rate is $18.98 per thousand of property assessment

The Board announced that the 2008 tax rate was set by the State of New Hampshire Department of Revenue Services and the .70 cent increase is due to the school portion of the tax rate alone, the town portion of the tax rate remained the same from the prior year.  

VI.     Accept Minutes of Selectmen Meetings
·       Selectmen’s Nonpublic Meeting minutes of October 6, 2008 and October 14, 2008

Chairman Donovan motioned to accept the nonpublic meeting minutes of October 6, 2009 as written.   Second by Selectman Thayer.  Vote: Unanimous.

Chairman Donovan motioned to accept the nonpublic meeting minutes of October 14, 2008 as written.  Second by Selectman McCarthy.  Vote: Unanimous.

VII.    Reports from Department Heads

Office Manager Mary Winglass asked to speak to the Board about testing the well water for the two abutters to the town owned land housing the sand and salt shed.  Road Agent Mike Pivero was in the office and asked that we move forward with the water testing for he plans on a delivery of salt within the next week or two.  The Board agreed to move forward with the water testing and when asked what type of testing should be performed; the Board asked to get the Road Agent’s recommendation on the type of testing to be done and asked that he oversee the tests to make sure the directions is being followed.


VIII.   Review of Action Items
IX.     Adjourn

Chairman Donovan motioned to go back into nonpublic session at 9:22pm.  Second by Selectman Thayer.  Vote: Unanimous.

Chairman Donovan motioned to close the nonpublic session at 9:49pm.  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 accepted Raymond Thayer’s letter of resignation as Interim Code Enforcement Officer.

·       The Board motioned to move the Code Enforcement Officer from the Building Inspector’s Office to the direct supervision of the Board of Selectmen with the understanding that the Code Enforcement Officer prepares all his own documents and reports them to the Board of Selectmen.  The Board decided to advertise for a Code Enforcement Officer immediately and to include that the position requires certification.  Chief Building Official Ron LeMere will help prepare the help wanted advertisement to include the certification requirement.

·       The Board approved of the new payroll time sheet prepared by Chief Building Official Ron LeMere

·       The Board accepted and signed an property tax agreement written by Town Counsel for 20 Merrimac Road

·       The Board agreed to support the recommendation of the Planning Board to file a Memorandum of Law in the matter of New Hampshire Supreme Court Appeal of Sara Realty, LLC v. Town of Newton Planning Board.

·       The Board decided to invite the Treasurer and Deputy Treasurer to the public meeting on November 24th meeting starting at 6pm.

·       The Board decided to invite Robert Donovan, Sr. to a nonpublic session with the Board of Selectmen on November 24th starting at 5:30pm.

Chairman Donovan motioned to adjourn at 9:50pm.  Second by Selectman Thayer.  Vote: Unanimous.

                                                                        Respectfully Submitted,


                                                                        Mary Winglass, Office Manager