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April 20, 2009 Board of Selectmen Minutes
SELECTMEN’S PUBLIC MEETING

April 20, 2009


  • Call to Order
Chairman McCarthy called the meeting to order at 5:33pm.  In attendance were Chairman Trisha J. McCarthy, Selectman Raymond D. Thayer, Selectman Robert S. Donovan, Jr., 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 McCarthy motioned to go into nonpublic session under RSA 91-A:3 II (c) request by Town Bookkeeper regarding accounting practices. Second by Selectman Donovan.  Roll Call Vote: Chairman McCarthy – yes, Selectman Thayer – yes, Selectman Donovan – yes.  Vote: Unanimous.

Chairman McCarthy motioned to close the nonpublic session at 6:16pm.  Second by Selectman Donovan.  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
  • Town Assessor Andrea Lewy Re: 2008 Ratio Assessment and 2010 Assessment Update
Town Assessor Andrea Lewy was present to inform the Board of the 2008 Equalization Ratio is 114.7% and even though this is high, proportionally we are equalized across town.  The remedy is to conduct an update and her recommendation is for the town to contract for a statistical update in 2010; the assessment data is good therefore we do not need to complete a complete revaluation.  Andrea added that the ratio is high which is a definite sign of the market and economy; the statistical update will bring everyone back into line with the market.  The town’s last revaluation was in year 2005.  

  • 7 pm - Public Hearing to change the Pond Street/Whittier Street Intersection by removing (2) two stops signs located on Pond Street.  The public is encouraged to attend.
Chairman McCarthy opened the Public Hearing at 7pm.

Chairman McCarthy explained the proposed change to the Pond Street/Whittier Street intersection is to remove the two stop signs on Pond Street.  The stop sign at the end of Whittier Street will remain in place.  The Board discussed the positive feedback they received from the public regarding this change.

Chairman McCarthy asked if there were any public input.  With no comments from the public;

Selectman Donovan motioned to remove the two stop signs on Pond Street and leave the stop sign on Whittier Street.  Second by Selectman Donovan. Vote: Unanimous.

Chairman McCarthy closed the Public Hearing at 7:04pm.

  • Old Business
  • Robert White Re: Easement to his property at Map 011-07-15-1
Attorney Justin Nadeau representing Mr. White asked for clarification as to why the easement for Robert White is under old business.  Chairman McCarthy responded that this has been going on for years and at this point the discussion is in front of the Planning Board based upon warrant article #6 that passed at the March 10, 2009 Town Meeting.  The Board of Selectmen is waiting for the Planning Board to take some action and there has been some talk of conducting a joint site walk.  

  • Service Agreement between the Town of Newton and David W. Marden Landscape Maintenance for Greenie Park and the Town Beach
Chairman of the Recreation Commission Rick Bailey was present and spoke about the recommended service agreement for the field maintenance of Greenie Park and the Town Beach.  Bailey stated that the town went out to bid for this agreement and only two companies responded to the invitation to bid.  David Marden Landscape was the lowest bidder of the two bids received and a final service agreement has been prepared for signatures.  

Selectman Thayer motioned to accept the agreement between the Town of Newton Recreation Commission and David W. Marden Landscape Maintenance.  Second by Chairman McCarthy.  Vote: Unanimous.

  • Councilman Electric Re: Generators for Town Hall and Police Department
The Board reviewed two bids for a generator for the Town Hall and one for the Police Department.  After a brief discussion, it was agreed by all the need to go out to bid and to include in the specifications a concrete pad for the Town Hall and gas line piping for both locations.

  • Designation of Alternate Members to the Planning Board
The Board reviewed RSA 673:11 Designation of Alternate Members for Local Land Use Boards.  The Planning Board requested that the Board of Selectmen appoint an alternate ex-officio member to the Planning Board and according to RSA 673:11 only the alternate designated for the Board of Selectman shall serve in place of that member.  

Selectman Ray Thayer is currently the ex-officio to the Planning Board and stated that he has changed his schedule in order to be able to attend the meetings.  Chairman McCarthy offered to be appointed as the alternate ex-officio member to the Planning Board.

Selectman Thayer motioned to appoint Selectman Trisha McCarthy as the Alternate Ex-officio to the Planning Board.  Second by Selectman Donovan.  Vote: Selectman Thayer and Selectman Donovan – yes; Chairman McCarthy abstained.  Motion passed.

  • Planning Boards recommendation regarding Twombly Drive
Chairman McCarthy read a memo from the Planning Board stating that they reviewed correspondence from Attorney Kalman regarding Twombly Drive and it is the Planning Boards recommendation that the Selectmen direct Attorney Kalman to contact the South Hampton Board of Selectmen.

Chairman McCarthy motioned to have Attorney Sumner Kalman contact South Hampton regarding Twombly Drive.  Second by Selectman Thayer.  Discussion: This has to do with a 50 foot strip of land that was never voted as a Class V road in South Hampton.  Vote: Unanimous.

  • Planning Boards comments regarding Cell Tower proposal
Chairman McCarthy read a memo from the Planning Board responding with interest in the cell tower proposal submitted by Tower Resources Management and suggested that the Selectmen review the list of town owned parcels for a possible location.

Town Administrator Nancy Wrigley added that she is still working on setting a date for a meeting with Tower Resources Management and the Board of Selectmen.

  • 2009 Local Officials Workshops
Chairman McCarthy stated that the closest workshop is on Saturday, June 6th at the Local Government Center in Concord, NH.

  • New Business
  • Memo from Police Department Re: Invoice relating to Smith Corner Road/Peaslee Crossing Road
The Board reviewed a memo from the Police Department regarding an invoice they recently received from Gibbs Construction.  The invoice is for work related to utility obligations regarding the construction at the intersection project and is seeking payment for services rendered.  Attached to the memo is a letter dated March 27, 2009 from Frank Gibbs, Gibbs Construction outlining the circumstances surrounding this bill with an attached invoice.

The Board discussed that this is an old invoice for work done at the intersection of Smith Corner Road and Peaslee Crossing Road where a Police Officer called Gibbs asking for help as Verizon needed to get closer to the poles, however concrete blocks were blocking their path.  At that time, Frank Gibbs was the Road Agent and went down to the intersection and moved the blocks and then moved them back once the job was completed.

Selectman Thayer motioned to pay Gibbs Construction the amount of $105.00 for work completed at the Smith Corner Road and Peaslee Crossing Road intersection.  Second by Chairman McCarthy.  Discussion:  Selectman Donovan talked about the town incorporating a policy outlining a time limit for submitting invoices for services rendered and added that most have a limit of one year.  Chairman McCarthy asked for a memo to be sent to the Planning Board asking if they have a time frame limit for submitting invoices for payment of services.  Vote: Unanimous.  

The Board discussed that this invoice is to be paid from the legal line item.  

  • Letter from Cheryl Saunders, Historical Society Curator Re: Damage to the Marshall House
Chairman McCarthy read a letter from Historical Society Curator Cheryl Saunders informing the Board of some damage to the Marshall House as there is a broken window in the kitchen and there is a tree limb down in front of the barn door that needs to be removed and the cobbler’s house has some mold on the ceiling due to a hole in the roof.  

Chairman McCarthy added that Emergency Management Director Larry Foote has been in contact with FEMA and asked for the Town to get an estimate from the town’s insurance company for they would reimburse the deductable only.  Town Administrator Nancy Wrigley has been in contact with the insurance company and she has the form ready to go to the insurance company.

  • Greater Haverhill Chamber of Commerce Re: Membership
The Board reviewed a letter from the Greater Haverhill Chamber of Commerce asking to consider joining the Chamber of Commerce with an annual membership dues of $295.00.  The mission of the Chamber is to provide local governments and local businesses with resources and events that will help the area prosper economically.  The Board discussed that they felt that this would be a good idea and asked if funds are available under dues and subscriptions.

Town Administrator Nancy Wrigley responded that funding is available under the Financial Administration Budgeting, Planning and Analysis which will put it over in that line item but we should be able to offset that with another line item in that same budget.

Selectman Donovan motioned to join the Greater Haverhill Chamber of Commerce for the sum of $295 for membership dues.  Second by Chairman McCarthy.  Discussion:  Town Administrator Nancy Wrigley stated that the next manifest will not be for two more weeks.  Vote: Unanimous.

  • Request from Fire Chief William Ingalls to be appointed as Forest Fire Warden
Chairman McCarthy announced that the Board has received a request from Fire Chief Bill Ingalls to be appointed as the Forest Fire Warden; previous this appointment was held by Deputy Fire Chief David Baker.  

Selectman Thayer motioned to appoint William Ingalls as the Forest Fire Warden.  Second by Selectman Thayer.  Vote: Unanimous.

  • State of New Hampshire DOT Re: Proposed Resurfacing Program 2009
The Board reviewed a letter from the State of New Hampshire Department of Transportation with their tentative schedule of the Highway Maintenance District 6 proposed resurfacing program.  The proposed resurfacing program is for the resurfacing of Route 108 from the State line to Route 107.




  • Fitzpatrick & Son Plumbing and Heating Re: Town Hall’s well water cycle tank
The Board reviewed an estimate from Fitzpatrick & Son Plumbing & Heating for $425.00 for he found a pinhole leak with the well water cycle tank while at the Town Hall on a “no water service call”.  The pinhole leak causes loss of air from the bladder and this is critical to the pump performance and longevity.  The Board questioned if the $425 was just for the tank or did it include the labor as well.  Without having the answer to this question, the Board decided to check with Fitzpatrick & Son and if the cost is a total of $425 then the Board approved the staff to move forward with this repair.  This is to be paid out of the General Government Buildings budget.

  • JM Protective Services Re: Heat detectors at the Gale Library and Central Fire Station
Town Administrator Nancy Wrigley informed the Board that JM Protective Services conducted an annual test/inspection and found deficiencies at both the Central Fire Station and the Gale Library.

The Board reviewed an estimate for the Central Fire Station to replace the existing heat detectors on the second floor with smoke detectors and to add a pull station by the rear second floor door for a total of $418.00.

Chairman McCarthy motioned to hire JM Protective Services to replace the heat detectors on the second floor with smoke detectors and add a pull station by the rear second floor door at the Central Fire Station for a total of $418.00.  Second by Selectman Thayer.  Vote: Unanimous.

The Board reviewed an estimate for the Gale Library to replace the (10) existing heat detectors with new updated heat detectors for a total of $599.50.

Chairman McCarthy motioned to hire JM Protective Services to replace the (10) heat detectors at the Gale Library at a cost of $599.50.  Second by Selectman Donovan.  Vote: Unanimous.

  • Fairpoint Community Outreach Summer 2009 Re: Proposed Family Film Night
Chairman McCarthy read an email from Fairpoint Community Outreach program regarding a proposed family film night to be held sometime during the summer months where they can set up a two story inflatable movie screen to play a family movie, which the community will vote on in advance on line.  The Board of Selectmen were in favor of this program; Chairman of the Recreation Commission Rick Bailey was present and responded that he will contact Fairpoint to coordinate this event.

Chairman of the Recreation Commission Rick Bailey announced that the Recreation Commission will hold a public meeting regarding the use of Greenie Park this Thursday starting at 7pm at the Town Hall.  The Recreation Commission is looking for public feedback and encouraged residents to attend this meeting.

Chairman of the Recreation Commission Rick Bailey informed the Board that the Recreation Commission has actively and desperately been looking for residents to help plan the Memorial Day Parade and at this point he is not sure there will be a parade this year.  The Recreation Commission put a notice in the newspaper and at the March Town Election looking for help and so far no one has stepped forward to help.  Anyone interested with helping with the Memorial Day parade are to contact the Selectmen’s Office.

Bailey will talk to Kingston to find out their plans for their Memorial Day parade; Chairman McCarthy offered to help and to look for additional volunteers.

  • Per RSA 31:95-b to accept unanticipated funds of $40.00 donated to the Conservation Commission
The Planning Board donated $40.00 in memory of Fred Gundersen to the Conservation Commission.  Fred was a newly elected member of the Planning Board who passed away suddenly on March 17th.  Fred was an avid outdoorsman who enjoyed hiking, camping and boating.  The members of the Planning Board feel that a donation to the Conservation Commission in Fred’s name is a fitting tribute to his love of the outdoors.

Selectman Thayer motioned to approve the donation of $40 to Conservation Commission from the Planning Board in memory of Fred Gundersen.  Second by Selectman Donovan.  Vote: Unanimous.

  • Silver Star Day 2009 proclamation
Office Manager Mary Winglass informed the Board that the town received a request from Silver Star Families of America to proclaim May 1st as Silver Star Banner Day.  Silver Star Banner Day is a day to remember the heroes, wounded and ill veterans of our Armed Forces.  The Board asked Office Manager Winglass to prepare a proclamation from the Town of Newton.

  • Announcements
  • U.S. Census Bureau will begin its first phase of the 2010 Census operation, Address Canvassing, beginning April 20, 2009 to July 6, 2009.  Address Canvassing allows the Census Bureau to verify the address and physical location of each NH dwelling for accuracy.
  • State of NH Dept. of Resources and Economic Development to present at the Monday, May 4th Selectmen’s Meeting the State’s Economic Revitalization Zone Tax Credit.  The public is encouraged to attend.
Chairman McCarthy announced that the Road Agent is currently working to pick up the brush in town from damage sustained by the December 11th ice storm; brush must be brought curbside due to liability and manpower.  

  • Accept Minutes of Selectmen Meetings
  • Selectmen’s Public Meeting Minutes of March 16, 2009
Chairman McCarthy motioned to accept the Selectmen’s public meeting minutes of March 16, 2009 as written.  Second by Selectman Thayer.  Vote: Unanimous.

  • Selectmen’s Nonpublic Meeting Minutes of March 16, 2009
Chairman McCarthy motioned to accept the Selectmen’s Nonpublic Meeting minutes of March 16, 2009 as written.  Second by Selectman Donovan.  Vote: Unanimous.

  • Reports from Department Heads
  • Adjourn
Chairman McCarthy motioned to adjourn at 7:53pm.  Second by Selectman Donovan.  Vote: Unanimous.

                                                                Respectfully Submitted,


                                                                Mary B. Winglass, Office Manager