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October 6, 2008 Board of Selectmen Minutes
SELECTMEN’S PUBLIC MEETING

October 6, 2008


Call to Order

Chairman Donovan opened the meeting at 5:05pm.  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

Chairman Donovan motioned to go into Nonpublic Session under RSA 91-A:3 II (c) – property taxes.  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.  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.

Introduction of Guests
Old Business
·       Outstanding Action Items
1.      2008 Warrant Article #8 to establish the rate and amount of compensation to be paid to the Town Clerk/Tax Collector

Present: Town Clerk/Tax Collector Mary Jo McCullough

Town Clerk/Tax Collector Mary Jo McCullough asked the Selectmen before we start she would like to know how this process is going to work.  The Selectmen responded that compensation needs to be established and then we go before the voters for approval through a warrant article.  McCullough asked what happens if the voters do not approve the warrant article.  It was discussed that if the voters say no, then compensation would stay the same as it is today.

McCullough discussed that she did some research back a couple of years in order to compare the previous Town Clerk/Tax Collector’s compensation and as it is posted in the year end reports for each year and it is confusing at best.  McCullough stated that she also researched other town’s and found that they make around $39,000 to $48,000 per year and the office staffs many more employees versus her office which only has her Deputy and herself.

A discussion ensued as to whether it is going to be a fee schedule, hourly or salary rate, whether it will be full time 40 hours for that will entitle her to retirement and vacation benefits.  McCullough responded that her recommendation is a salary of $48,000 based upon a 32 hour week for her position as Town Clerk/Tax Collector.

The Board asked McCullough if she had any idea on how much she is taking in by fees.  McCullough responded that she averages a gross of $1,600 every two weeks and she anticipates the fees to increase considerably in the next couple of years due to the influx of new residents.  Chairman Donovan asked if the proposed salary would be a wash with what is taken in with fees.  McCullough responded that in any given year it will depend upon the amount of people coming in; McCullough added that she was researching past years and needs to consult with Bookkeeper/Payroll Administrator Kim Hughes on the figures.  It was also discussed that we need to check on the wording of the warrant article.

Action Item:  We will set the date for our next meeting to continue this discussion once McCullough has been able to check with Kim Hughes on the figures and we need to check on the wording of the warrant article.

2.      Transfer Station site improvements

Transfer Station Manager Andrew Morse informed the Board that he does not yet have a report from the recent site walk held at the Transfer Station with David Krisch from the Town of Swanzey, Roger Rice from the Town of Lee and Adam Clark from NRRA (Northeast Resource Recovery Association).  Mr. Morse gave a synopsis of the five recommendations given during the site walk.

1.      The initial reaction to the power grid was to change the electrical and motor configurations on the compactor units but after checking with other facilities, this type of upgrade is not necessary.
2.      Create a drive in parking spaces to discourage parallel parking at the compactor units
3.      Consider moving the bulky container to the left of the compactor units over to where the C&D container is and replacing that with a backup MSW open-top container for use if needed when compactors are being stressed.
4.      Move the swap area over to the left side of the exit gate in order to free up any congestion that may be occurring.

Selectman McCarthy discussed her desire to see a privacy fence on the road front at the Transfer Station and the option of using funds from the Transfer Station Recycling Fund.  After a discussion on installing a new fence and the removal of the existing fence but to leave the materials onsite for it is metal that can go in the metal pile, the Board asked Mr. Morse to obtain a price for a fence.  Town Administrator Nancy Wrigley added that she does not think the fence is an approved expenditure for the warrant article states “site improvements”.  Selectman McCarthy asked that we check on using this fund for it would be a good use of the money.
The Board discussed the need to have a site plan before we can move forward with any improvements.

Chairman Donovan motioned to allow the Transfer Station Manager to work with Dennis Quintal of Civil Construction to do a layout in order to begin the transformation of the Transfer Station.  Second by Selectman McCarthy.  Discussion:  The cost of the site plan/layout is to be paid out of the 2008 warrant article for site improvements from the Transfer Station Recycling Fund.  Vote: Unanimous.

Selectman McCarthy will confirm the Board’s decision to move forward with a site plan with Dennis Quintal.

Action Item:  Selectman McCarthy is to contact Dennis Quintal tonight to have him start working on a site plan at the Transfer Station.

3.      Peaslee Crossing/Smith Corner Road Offsite Improvements

Road Agent Mike Pivero was present and discussed with the Board the intersection improvements for the Peaslee Crossing/Smith Corner Road and the recommendations from KV Partners.  Pivero added that at this point it is a money thing, do we have the funds to complete the project.

Selectman Thayer asked if there is any way we can lower the speed limit on the road.  Pivero responded that it is a question that is at least worth addressing with the State for Peaslee Crossing Road is a state road.  Selectman Thayer added that he was on the road recently and the motor vehicles were traveling around 45mph when the posted speed limit is 30mph.

Action Item:  Send a request letter to the Police Department asking for extra radar on the corner of Peaslee Crossing Road as it intersects with Smith Corner Road.  

The Board reviewed an invoice for $598.80 from KV Partners for the professional services and mileage for the evaluation and analysis on the intersection of Peaslee Crossing Road/Smith Corner Road.

Chairman Donovan motioned to pay for the sum of $598.80 for the professional services for Smith Corner Road and Peaslee Crossing Road to come out of the legal line item.  Second by Selectman McCarthy.  Vote: Unanimous.

Road Agent Mike Pivero requested that the recommendations that Mike Vignale of KV Partners made are attached to the Peaslee Crossing/Smith Corner Road drawings for we have modified the end product from Altus Engineering.  TA, Wrigley will check to see if the intersection improvement plan has been recorded at the Rockingham County Registry of Deeds and will make sure the letter from Mike Vignale of KV Partners is attached as part of the approved plan

The Board then reviewed and discussed the four recommendations from Mike Vignale of KV Partners.

Chairman Donovan motioned to accept the four recommendations from KV Partners for the striping of the roadway, add a warning sign, clear the brush to provide improved visibility, allow the pavement to remain at the southeast corner of the intersection (outside of the edge line) and to be added on to update the site plan and recorded with the State per the meeting of September 18, 2008 with the Road Agent, Town Counsel and KV Partners.   Second by Selectman McCarthy.  Vote: Unanimous.

Budgeting for the remainder of the intersection improvements

Office Manager Winglass informed the Board that she does not have the final figure on the Fitzgerald account from the Treasurer but has been told by the Treasurer that we will have that figure tomorrow.  The Board discussed that the last billing for the most recent improvements to the intersection has an outstanding balance that needs to be discussed tonight.  The developer Fitzgerald & Son have depleted their account after paying the most recent invoices, therefore there is not enough to pay their percentage of the remaining work to the intersection.  The most recent billing included four invoices, which each developer pays a percentage.  The Fitzgerald account had enough to pay approximately two and one half invoices out of four.  Without having the information from the Treasurer, no specific amount could be discussed but it looks like the deficit is approximately $600.00.  Chairman Donovan stated that basically we have no choice we still need to pay everyone.  Selectman McCarthy asked if Todd Fitzgerald responded to the town’s request for additional funds.  TA, Wrigley responded “yes” and he will not fund the additional money for there is no amended agreement when the four additional units were added.  Office Manager Winglass stated that when the Planning Board approved the four additional units, there was no mention of requiring additional funding based upon the increase in percentage for this project

Chairman Donovan motioned to pay the vendors when the checks come in tomorrow except for the balance due to Eastern Seaboard.  Second by Selectman Thayer.  Vote: Unanimous.

Road Agent Pivero informed the Board that once this round of bills is paid then he will need to know the balance to complete the project per the recommendation of KV Partners.  It was discussed that when this project was approved, there were three developers involved with funding this project and the developers signed an agreement to pay a certain percentage of the total project.  Since Fitzgerald has no funding left and yet the other two developers have funding left, how are we to move forward with the billing and who will be responsible to pay Fitzgerald’s percentage.

Chairman Donovan asked Pivero if he knew how much it will cost to complete the project per KV Partners recommendations.  Pivero responded “no” but he will make it work with the fund balance for this project.  Office Manger Winglass asked if the town could take over the Fitzgerald’s percentage of the project and then you could zero it out at 100%.  TA, Wrigley recommended that the Board use the legal funds to pay the Fitzgerald balance on this project.

Chairman Donovan motioned that the town pay Fitzgerald’s percentage in order to zero out the accounts to get the intersection improvements to the Peaslee Crossing/Smith Corner Road completed and done.  Second by Selectman McCarthy.  Discussion:  To be paid out of the legal budget line item.  Vote: Unanimous.

New Business
A.      Discussion with Fire Chief William Ingalls RE: Fire Chief’s position

Present was Fire Chief William Ingalls

Chief Ingalls asked to meet with the Board to discuss making the Fire Chief position full time.  Chief Ingalls explained that there is more and more administrative work to be done and that he would like to have the job.  Selectman Thayer discussed the need to put this out as a warrant article.  Chief Ingalls responded that would be redundant for it was already voted at a Town Meeting, for the Selectmen to appoint a Fire Chief for not more than three years.  

Chairman Donovan discussed the need to look at the Fire Department bylaws to review the process and in order to add a full time position with benefits is done through a warrant article.  Chief Ingalls responded that the Board is still the appointing authority.  The Board discussed that again they need to look at the bylaws but as it stands today, the Fire Chief is voted on by the Fire Department and we want to make sure we are not overstepping our bounds, hence the need to review the bylaws.  The Fire Department bylaws in the Selectmen’s Office are outdated and we need a copy of the most recent bylaws.  Chief Ingalls had a copy for the Selectmen.  

Town Administrator Nancy Wrigley asked who votes on the Fire Department bylaws?  Chief Ingalls responded that at one point in time the town voted on the bylaws but then at the 1990 Town Meeting the voters approved the bylaws to be amended by a 2/3 vote of the Fire Department Officers at their April or October Meeting.

The Board discussed the need to research the Town Meeting votes approving the Selectmen to appoint the Fire Chief.  Selectman McCarthy questioned the nominating and election process held at the Fire Department for the position of Fire Chief.  Chief Ingalls responded that anyone that would like to run for the position must submit a letter to the department clerk declaring their candidacy, in writing, by 5pm on the Saturday previous to the election.  The election for Chief shall be held on the 2nd Tuesday in December.  The Chief will assume office January 1st of the following year after being duly sworn in by the town secretary.  The Board discussed the need to see the warrant article approving the Selectmen to appoint the Fire Chief.  Chief Ingalls will do the research.

Town Administrator Nancy Wrigley asked Chief Ingalls if he has a suggestion for the rate of pay.  Chief Ingalls responded that he checked with three area towns and their approximate rates are; Plaistow is $62,000, Kingston is $55,000 and East Kingston is $50,000 which does not include benefits.

The Board reiterated the need to review the Fire Department bylaws and hope to take care of this before the Board starts reviewing budgets.  The Board decided to review this again at the October 20th Selectmen’s Meeting.

Action Item:  Copy out the bylaws and information for the Board to review before the next meeting.

B.      Budgeting and Warrant Articles for the 2009 Town Meeting

The Board reviewed an outline of the timeline for the 2009 Town Meeting.  The Board discussed the need to make this information available to all departments, committees and commission.  The Board briefly discussed the need to review the number of 2008 Town Reports to be printed.

Action Item: Review # of printed 2007 Town Report books and how many are remaining in order to determine how many to print for the 2008 Town Reports.  This is to be discussed at the October 14th work meeting.

C.      Set date and time for Trick or Treat

The Board discussed that last year the town held Trick or Treat from 5pm to 8pm and received complaints that it was too long.

Chairman Donovan motioned to have Trick or Treat on October 31st from 5pm to 7pm.  Second by Selectman McCarthy.   Vote: Unanimous.



D.      2008-2009 Snowplowing rates

Present: Road Agent Mike Pivero

Road Agent Mike Pivero presented the Board with proposed plow rates for the 2008-2009 season.  Pivero informed the Board that he checked with surrounding towns and they have yet to set their rates for the upcoming plowing season.  The Board requested that we prepare a 2008-2009 Plowing Season Policy using the rates recommended by Mike Pivero for the Board to review.

Action Item:  Prepare the 2008-2009 Plowing Season Policy for the Board to review.

E.      Memo from Recreation Commission RE: Trash at Greenie Park

Chairman Donovan informed Rick Bailey, Recreation Commission Chairman that the Board will review this with Road Agent Mike Pivero later tonight.  Chairman Donovan added that he already spoke with Pivero about this request and he does not have a problem with the Road Crew emptying the barrels but asked for the Board to give their blessing.  Rick Bailey replied the barrels need to be emptied once per week.

Chairman Donovan motioned to have the Road Crew pick up the trash at Greenie Park when working in the area, once per week and to empty them into the dumpster at the park.  Second by Selectman McCarthy.  Vote: Unanimous.

F.      Memo from Recreation Commission RE: Request to dedicate the volleyball court at the     Town Beach

Mike Chaisson, Scout Master and Rick Bailey, Assistant Scout Master were present to request a dedication of a community service project to a friend and fellow scout, Luke Mansfield.   Troup 91 completed a service project at the Town Beach and part of that project they built a volleyball court and would like to dedicate the court in Luke’s memory.  Luke was killed in an automobile accident in August and this tragic news hit home very hard and they feel that dedicating the volleyball court will be very fitting and a good way to remember Luke.  A small plaque on the court will read “Dedicated to the memory of Luke Mansfield our friend and fellow Scout, Troup 91 BSA”.

Chairman Donovan motioned to dedicate the volleyball court to Luke Mansfield with a plaque “Dedicated to the memory of Luke Mansfield our friend and fellow Scout, Troup 91 BSA” to be attached to the volleyball post .  Second by Selectman Thayer.  Vote: Unanimous.

G.      Request from resident Andi Hanlon RE: Request for a press release on the town   website

The Board reviewed a request from resident Andi Hanlon to place a notice on the town official website asking residents if they would be interested in a neighborhood oil buying group due to the high price of fuel.  It was discussed that the Board set a policy a few years ago to only allow nonprofit organizations or town organizations the use of the website.  The Board discussed that other options are available such as posting a notice at the local stores and post offices.

Chairman Donovan motioned to unfortunately deny the request from Andi Hanlon to put this information on the website due to the fact that it is not a nonprofit or town organization.  Second by Selectman Thayer.  Vote: Unanimous.

H.      Thank you letter from resident Karen MacEachern for coordinating the free bulk item     weekend at the Transfer Station

Chairman Donovan read an email from resident Karen MacEachern thanking those responsible for coordinating the free drop-off days at the Transfer Station.  The Board stated that they appreciate the letter from Ms. MacEachern and talked about doing it yearly or maybe twice per year.

Announcements
·       Preliminary Budgets due October 30, 2008

Town Administrator Nancy Wrigley informed the Board that letters went out September 25th to all departments, committees and commissions informing them that preliminary budgets are due on or before October 30, 2008.  The Board discussed setting a date for the larger departments in town to meet with the Board regarding their proposed 2009 budgets.  The Board will set the dates at the October 14th work meeting.  Town Administrator Wrigley asked the Board whether they want the departments to include in their budgets cost of living increases or would they rather have it as a separate warrant article.  The Board decided to put it in a separate warrant article.

·       Town Offices closed on Monday, October 13, 2008 in observance of Columbus Day

·       Newton Fall Festival rescheduled to Saturday, October 11th, 10am to 3pm at Greenie Park

The Board informed Rick Bailey, Chairman of the Recreation Commission that on Wednesday, October 8, 2008 Dragon Mosquito is scheduled to spray for mosquitoes at Greenie Park.  

Selectman McCarthy read a press release from Bob Leverone, Health Officer for the Town of Newton stating that the NH Department of Health and Human Services today announced the first positive test for Eastern Equine Encephalitis (EEE) this year from a mosquito pool from the Town of Newton, NH.   The positive test was collected on September 30th from a mosquito pool from the North Main Street area.

Town Officials scheduled to spray several locations in Newton on Wednesday, October 8th as follows; Greenie Park, Willow Grove Trailer Park, Packer Meadows and the Memorial and Middle School grounds.

VI.     Accept Minutes of Selectmen Meetings
·       Selectmen’s Public Meeting minutes of September 15, 2008 and September 17, 2008
·       Selectmen’s Nonpublic Meeting minutes of September 15, 2008 and September 17, 2008
·       Selectmen’s Site Walk Meeting minutes of September 18, 2008

The Board tabled accepting minutes until the next meeting on Tuesday, October 14th

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

Chairman Donovan motioned to adjourn the meeting at 7:51pm.  Second by Selectman McCarthy.  Vote: Unanimous.

                                                                        Respectfully Submitted,


                                                                        Mary B. Winglass, Office Manager