SELECTMEN’S MEETING
March 24, 2008
Call to Order
Chairman Donovan called the work meeting to order at 5:57pm. 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 taped and the minutes were transcribed and typed by Office Manager Winglass.
Introduction of Guests
· Road Agent Mike Pivero Re: Department Issues
Road Agent Mike Pivero met with the Board of Selectmen to discuss procedural policies relating to the Highway Department.
1. Road Agent Pivero discussed the need to have a hold harmless agreement signed by the Board to cover the liability for the rental of small tools and equipment used by the Town of Newton’s Road Crew. Pivero stated that since the town rents equipment to be used by the Road Crew; it is necessary to have a hold harmless agreement for the Road Crew works for the Town, not for his Company. Pivero outlined a scenario if an employee of the Town using his equipment is hurt, his company, Eastern Seaboard Concrete Construction with a hold harmless agreement would not be liable for any harm or injury that may occur while they are using the equipment. Therefore it is a sheer
liability problem between the town and company and Pivero added that the wording of the agreement is the same that is used by retail companies that rent out equipment. The Board decided to have the Town Attorney look at the agreement and to give a recommendation to the Board.
2. Pivero stated that he walked the town property on Dugway Road that houses the Transfer Station to get a feel for where the Selectmen were looking to put the sand/salt storage shed. After walking around the area, Pivero determined that the sand/salt storage shed should be located to the left as you go into the Transfer Station. Pivero asked if the Transfer Station is one or two lots. Selectman McCarthy responded that there are two separate lots at that location. Pivero stated that he is relieved that the first lot off Shirley Avenue is on its own separate lot. Pivero stated that he wants the sand/salt storage shed area to the left of the entrance area so that it does not
interfere with the operation of the Transfer Station. Pivero discussed that to the left is the best area to build a sand/salt storage shed for it is a big enough area and is most cost effective. Pivero talked about using the land to the left behind the berm and to take down part of the berm but to leave the majority as a buffer. Pivero asked if way off to the left, is that wetlands. Selectman McCarthy responded that the back area is wetlands only.
A discussion ensued that the town needs to receive approval from the State of NH Department of Environmental Services to inform them of what we are doing. Pivero responded that he does not see a problem for he has found that the department is easy to work with if you tell them what you are doing, not to ask them what you can do. It was discussed that the area to the left was used to place tree stumps back when stumps were accepted at the Transfer Station. Selectman McCarthy responded that her only worry about using that area would be with sink holes due to the stumps placed in the area. Pivero responded that he plans to place a pole barn and a parking area on the property, therefore sink holes would not be a factor.
The Board discussed that last year they were looking at budgeting for a sand/salt storage shed the size of 48 x 60 and there was no final decision to move forward with the storage area. Pivero responded that his thoughts are to come up with a conceptual plan and to only build part of it now. Pivero asked where is the money coming from to support the sand/salt storage shed for right now it is temporarily stored at the Kingston State shed and it needs to be moved by the end of May. The Board discussed that the town has no budgeted funds for this project and Selectman McCarthy discussed the option of petitioning the State of NH Department of Revenue Administration to use money from the “fund balance” to cover the cost of this project as it is an unanticipated situation. The town needs to
store the sand/salt somewhere and due to the town electing a new Road Agent; the sand/salt shed can no longer be stored at the previous Road Agent’s property and has been moved temporarily to the State shed. Those present discussed the need to come up with a conceptual plan in order to calculate the cost of the project.
Pivero talked about the importance of having a functional unit for the storage of the sand/salt and asked again “where do we get the money for this project”. Town Administrator Wrigley talked about having limited funds in the “general fund” and it can take up to a month to a month and a half to receive a response from the Department of Revenue Administration.
The Board discussed that this project is top priority and we need to outline the “hardship” for the State and we need to have a conceptual plan to present to the State. A discussion was had about hiring an engineer to help prepare a site plan. The access road would still go through the Transfer Station which will simplify the change. Town Administrator Wrigley discussed the need to work with Gillespie Associates for they are contracted with the town for the water monitoring in the area. Pivero responded that the plan is to put the sand/salt shed on the second lot; not on the lot that houses the Transfer Station. It was discussed that we need a plan that shows the two different lots. Pivero asked who the town contracts engineering work with and who would be the quickest to do
this work. The Board was not sure if the contract with the new town engineer includes survey work. Selectman McCarthy responded that she has a good working relationship with Dennis Quintal of Civil Construction and she will contact him tomorrow to see if he has the time to survey the lot. It was discussed that the survey could be paid out of the General Government Buildings budget. The survey needs to include the delineation of the wetlands and we need to rough in a layout of the road. Selectman McCarthy stated that one of the Conservation Commission members is a Soil Scientist and she will talk to her to see if she could help with this project.
Action Items
Contact the Department of Revenue Administration to discuss the need for the funds for this “hardship” and to put together a plot plan in order to come up with conceptual plan for this project. Selectman McCarthy will check with Dennis Quintal, Civil Construction for a plot plan and Alicia Raddatz, Soil Scientist for work on the wetlands delineation. Pivero will then be able to determine a rough estimate of the first phase of this project.
3. Road Agent Pivero asked who out of the two Road Crew members is the Foreman for he needs to know who is in charge. Chairman Donovan responded the Harry was here first; Selectman McCarthy concurred. Pivero added that it is in a wait and see on how things work with the Road Crew. Both employees are at the same grade and step yet they have different titles. Pivero discussed the Road Crew’s routine to look for road hazards each morning has changed for the Police Department will contact him if there are any road hazards which will be put on a hot list and planned. Pivero added that he working on a maintenance plan of the town roads to be broken up into zones.
Pivero asked if he needed approval to purchase a Nextel radio for the Road Crew which would run approximately $35 a month, which in the long run will be the cheapest investment but the best investment for he will not have to guess where they are in town. The Board agreed to this expense.
Selectman McCarthy discussed the need for yearly training for the Road Crew, especially since it is available for free through the Local Government Center. Selectman McCarthy added that this past year the Selectmen tried to institute educational seminars for the town’s employees to prevent lawsuits, most especially relating to safety/healthy work environments. The Local Government Center is holding a half day seminar on “Protecting Outdoor Worker Health and Safety” on Tuesday, April 15, 2008 from 9am to 12:30pm. Pivero agreed that protecting our employees and keeping them safe is important and to send the Road Crew to the seminar.
4. Pivero discussed the need to have the potholes filled in town and that it has gotten to the point where it is not economically viable to have the road crew fill in the potholes for just to fill the holes will require 52 ton of mix to fix the potholes alone. Pivero’s thought process was to put this work out for quotes and to have a professional company come in to fill the holes. Water has been the biggest enemy and asked the Selectmen to approve receiving quotes for this work for putting this work out to bid does not allow him to negotiate. A discussion ensued stating that prior Road Agents never went out to bid for roadwork. Pivero asked if he needs to have this approved by a special town meeting or a public meeting. Pivero added that he will produce a
series of quotes so that we can sit down and look at them. Chairman Donovan explained the need for the Selectmen to hold a public meeting posted 24 hours in advance of the meeting. Pivero added that he has been going around town circling the potholes with white paint for those that need to be fixed; therefore there are no specs for this work. The Board agreed to allow Road Agent Pivero to receive quotes to complete the emergency repairs to fill in the potholes in town.
Selectman McCarthy talked about receiving prior notice for any work being done on a scenic road. It was discussed that Pivero is to contact Selectman McCarthy as the Highway Department contact of any widening of roads, cutting back of branches/brush and shoulder work per the Town’s scenic road regulations, who will then follow through on a telephone chain so that everyone is aware of what work is taking place and where. Pivero responded that he will try his best to inform everyone; Selectman McCarthy responded that he only needs to contact her as the department’s contact.
4. Pivero asked to discuss another situation that is happening in town. A resident is pumping water onto the street which is running down the road onto the intersection of Whittier Street and Highland Street. This has become an emergency situation and the State does not want the water running across the road. Another area is on Maple Ave/Lincoln Road. Pivero asked “Who is responsible for contacting these residents to inform them of this situation”. Chairman Donovan responded that when he was on the Police Department they handled similar situations. Town Administrator Wrigley responded that the Health Officer has helped with similar water issues in the
past. Pivero stated that the residents need to be aware that they cannot pump water out onto the streets for it can cause hazardous conditions especially during the winter but he said he would be willing to work with residents by allowing them to tie into a catch basin, when there is one available in the area and he would monitor it so it is done correctly and it would have to be done at their expense or they can dump it into their backyard. Selectman Thayer questioned contacting the Code Enforcement Officer. Pivero responded that he not looking to add more work to the Code Enforcement Officer but whose job is it to enforce it. Chairman Donovan responded that the first call should be the Police. Town Administrator asked to start with the Health Officer and to have him speak to them first for Code Enforcement requires a letter before acting on a complaint. Pivero added that the State may give the resident a letter when it has to do with a State
road issue. Selectman McCarthy replied that Code Enforcement should be able to deal with issues without having something in writing for there are many issues that do not deal well with “red tape”. Pivero responded that during a flooding situation there is not much you can do but when the water level goes down, then it is time to remove the hoses.
5. Road Agent Pivero asked about the change made to the Whittier St into Pond St intersection, which deemed it a three way stop intersection. Chairman Donovan responded that it was done by prior Road Agent Frank Gibbs. Selectman Thayer though it had to do with the Police Department; Selectman McCarthy was not sure of who came up with the design. Pivero added that there should be a stop sign at Whittier Street and the right of way on Pond Street. Town Administrator Wrigley added that the prior change had something to do with the island in the road. He asked if he can change the intersection by pulling the stop signs down on Pond Street. The Board asked that Pivero check with Police Chief Streeter for his input.
6. Pivero discussed Currierville Road and the hill on the road for he would like to take it out. Chairman Donovan stated that the residents on the road want to keep the hill for they feel it keeps the cars driving at a slower speed. Pivero responded that he does not want to ignore the residents who live on the street. Pivero discussed that the whole street should be paved as dirt roads are high maintenance. Part of Currierville has water problems and this creates a washboard affect. Pivero asked if he wants to work on the shoulders and swale on the road does he need to receive approval. Selectman McCarthy stated that she will inform the Conservation Commission at the next meeting that the work is being done as a safety issue. Office Manager Winglass
asked about budgeting for this work since we are dealing with a default budget. Selectman McCarthy responded that she feels that is putting the cart before the horse; Pivero added that this is all conceptual work and he will be lucky to grade the road three times this year. Town Administrator Wrigley added that the Selectmen have to be careful not to over expend the budget.
Pivero stated that he takes the offensive position; if there is something broken, then fix it. He will try to give everybody enough notice. Town Administrator Wrigley asked if the Board would like to schedule another meeting to further this discussion. Selectman McCarthy stated that she will try to keep everyone in the loop when she receives notice from the Road Agent on work to be completed; let’s try to figure out the least resistance to move forward with the much needed road projects and by the same token keeping it within the legal and budget constraints. The Board discussed the possibility of meeting this Thursday but no final decision was made.
7. Pivero asked about the water management plan on file. Town Administrator is to talk to Dan Johnson of Plaistow for he worked on the water management plan.
8. Rental rates. Pivero added that he will need a little time, maybe a couple of weeks to come up with some rental rates that should be better for the town. Some of the rates will stay the same but the truck used by the Road Crew may change to two separate rates; one for the truck and the other for the equipment as needed. It has been done as a more generic rental in the past and he asked how the rate was established. Selectman McCarthy responded that it was before her time. Selectman McCarthy asked how he plans on supplying the Road Crew. Pivero responded that daily they will have the basics such as shovels, rakes and trash bags; when a certain project is to
be completed then they would be supplied with the additional equipment. Selectman McCarthy informed Pivero that she has a map of the town showing the catch basins, cisterns and culverts completed by the Road Crew this past year. The original plan was to list them in order to try to prepare zones; Pivero responded that this information is very helpful. Other documents discussed were estimates given by the former Road Agent for projects to be included in the Master Plan “wish list”.
9. Stormwater Management and culverts. Pivero added that there are no proper catch basins in town and he is taking the material from the basins to the Transfer Station to be used as fill. The Board was aware that this activity was taking place.
10. Chairman Donovan discussed that repairs to the boat access way onto Country Pond that were approved by the Selectmen last year. The Board asked that the staff pull the minutes relating to the repairs in order to determine the status of this project.
11. Pivero asked to speak about easements on residential properties. Right now we have two situations on the east side of Patriot Drive that have standing water; Chairman Donovan replied that there has always been a pond in that area. Pivero replied that there is a problem there for the pond spills out onto Maple Ave. Chairman Donovan added that the Board spoke with prior Road Agent Gibbs about this and he was to talk to a resident on Maple Avenue to get his approval for drainage work on his property. Pivero stated that there are two issues; liability and an agreement allowing an easement for the town to maintain this drainage area. If the homeowner agrees to it then it is up to
the town to come up with the legal documents to allow the town to maintain the drainage area. This would protect the town if/when the current homeowner sells the property.
12. Selectman McCarthy asked about private roads that are not plowed properly, if you met a car coming the other way then you would end up in the snow bank. Pivero responded that unless it is an emergency situation determined by the Fire Department or Police Department then the town does not get involved. Pivero added then he would get involved by plowing the road and billing the developer. Selectman Thayer added that he attended the Area Selectmen’s Meeting last week and they discussed this same situation. He was told that in the situation of a private road, if the road has not been approved by the town then it can be dedicated as an emergency lane based upon the recommendation of the Police or Fire Department.
Old Business
· Outstanding Action Items
1. Best Management Practice for handling of the Police Detail Special Revolving Account
Town Administrator Wrigley stated that right now the payroll and matching funds are offsetting the Police Department budget but the cruiser fee has not been paid to the town as revenue to offset the Police Department cruiser maintenance line item. Chairman Donovan will speak with Police Chief Streeter to find out the breakdown of the cruiser fee.
2. Town Hall Office hours
Selectman Thayer asked why the Town Hall Office hours are being discussed. Chairman Donovan replied that they have been talking about changing the hours or adding to the hours at Town Hall. Chairman Donovan and Selectman McCarthy agreed to hold off on this discussion until they can bring Selectman Thayer up to date. Selectman Thayer responded that he is in favor of leaving the hours the same. Chairman Donovan replied that he has received complaints; Selectman Thayer responded that he should hear the complaints from other towns; comparatively there are very few in Newton.
3. Updated Personnel Policies and Procedures - after Town Meeting
Town Administrator Nancy Wrigley is working on updating the Personnel Policies and Procedures.
4. Electrical pole and window – send in payment for the installation of the new electrical pole and check on new window and grill.
Town Administrator Wrigley stated that she emailed Transfer Station Manager Andrew Morse for an update on the installation of the pole and the new window and grate.
Chairman Donovan called Mr. Morse at his home and found out that the electrical pole is in as well as the window and grate. M. Cote Construction did the work and the bill has been submitted for payment. The Board asked to remove this item from the outstanding action item list.
5. Employee Performance Evaluation Form
Town Administrator Wrigley stated that this is one of her projects to work on now that Town Meeting has come and gone. Selectman McCarthy replied that we will be looking for this form in the near future to deal with current employee evaluations and to make sure work is being delegated as needed.
6. Update on cable equipment to fix the audio/video on channel 20 – Andrew to get prices on new cameras and talk to a Comcast Technician regarding the change to the lines.
Town Administrator Wrigley stated that the last she knew the audio was working fine and Andrew Morse, Cable Committee Chairman is talking to Comcast in Londonderry about the video.
7. Employment restrictions for employees under the age of eighteen – contact the school to see what kind of a response we receive for the position of cable operator.
Office Manager Winglass informed the Board that she spoke with Keith Pfeiffer, Superintendent and received approval for this position to be announced at the Middle School and High School. Winglass received two call from students inquiring about the position but neither one followed up by sending an email to the town. Both callers asked about the hourly wage for this position. The Board discussed starting them out at a lower rate than those currently taping meetings but the other factor is that the hours are minimal and can vary from month to month. Town Administrator Wrigley stated that the cable channel has a help wanted announcement and she thought it included an hourly wage. The Board asked that we check the cable channel to find out the starting hourly wage as reported on the town’s cable channel.
8. Parking at Municipal buildings/Snow Parking Ban – letters to be mailed and ordinance to be written.
9. Resident sticker guidelines – update the policy and guidelines to include “resident sticker currently in effect”.
The Board asked for this item to be removed from the outstanding action item list.
10. Planning Board – 2007 IT Consultant bill
Chairman Donovan explained that the Planning Board did not approval the full payment for the IT Consultants work that was done last year; the balance is $220.00. The Board agreed that the bill needs to be paid in full for she was hired to do a job approved by the then Planning Board Chairman Kim Pettit; yet it is important for the IT Consultant to submit her bill monthly. Town Administrator Wrigley replied that she has dealt with the monthly billing requirement.
Chairman Donovan motioned to pay the Town’s IT Consultant the balance of $220.00 from the Planning Board budget for the Planning Board computer for an invoice dated October 26, 2007. Second by Selectman McCarthy. Vote: Unanimous.
Town Administrator Wrigley discussed that the IT Consultant has not looked at the Planning Board’s computer in some time and is unaware of the status of the antivirus software and Planning Board Administrative Assistant Lisa Babcock is not able to access the Avitar software for the computer needs to be optimized. The Board discussed and agreed that the computers belong to the Town of Newton and they were not comfortable with the unknown current status of the computer. The Board agreed that all computers at the Town Hall that belong to the town i.e. Town Clerk/Tax Collector, Building Department, Assessing, Selectmen’s Office, Bookkeeper/Payroll Administrator and the Planning Board need to be budgeted for differently next year by placing the expense of maintaining/upgrading them in one budget.
Chairman Donovan motioned to give Sylvania Maddock, IT Consultant permission to go to the Planning Board or any other Town Department to update or maintain any town computer as the Town’s IT Consultant. Second by Selectman Thayer. Vote: Unanimous.
The Board asked to remove this item from the outstanding action item list.
11. 2008 Auto Mileage Reimbursement Rate
The Board reviewed a memo from the Payroll Administrator/Bookkeeper Kim Hughes informing them that the IRS increased the standard auto mileage rate reimbursement from .485 cents per mile to .505 per mile. The town currently reimburses employees at a rate of .40 per mile. Town Administrator Wrigley recommended to the Board for the rate to stay the same for this year for we are working with a default budget. The Board concurred.
The Board asked to remove this item from the outstanding action item list.
12. LGC – requesting legal funds for potential litigation against the NH Retirement System. Waiting for information from the staff after they attend an informational meeting on March 25, 2008.
The Town Administrator and Office Manager will attend an information meeting tomorrow night and will bring back the information for the Board to consider the LGC’s request for funding to offset the cost of litigation against the State in regards to the NH Retirement System funding issues.
13. Update on the status of Twombly Drive
The Planning Board will discuss the status of Twombly Drive tomorrow night at their public meeting.
14. Capital Improvement Program
The Board discussed the need to complete the list of projects for the Capital Improvement Program. Some projects for inclusion are windows and insulation of the Town Hall, update of the town’s maps, pump house and phase II of the sprinkler system. Selectman Thayer is to inform the Planning Board at tomorrow nights meeting that the Selectmen are working on a list.
New Business
· Selectman McCarthy mentioned that after watching the work being done on the DocStar System (electronic filing system), she asked that we find out if there is a software upgrade and/or optimizer for the system is working very slowly. Chairman Donovan questioned whether the system requires more memory as a solution to this problem. TA, Wrigley will check on this.
· TA, Wrigley stated that she has spoken to the Local Government Center to have them come and give a refresher course to the employees on the town’s Sexual Harassment/Discrimination Policy.
Announcements
Accept Minutes of Selectmen Meetings
Reports from Department Heads
· Non-Public Meeting under RSA 91-A:3 II (c) – Department of Building Safety.
Chairman Donovan motioned to go into Non-Public Meeting at 8:54pm under RSA 91-A:3 II (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 9:08pm. 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.
Review of Action Items
Adjourn
Chairman Donovan motioned to adjourn at 9:09pm. Second by Selectman Thayer. Vote: Unanimous.
Respectfully Submitted,
Mary B. Winglass, Office Manager
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