SELECTMEN’S MEETING MINUTES
February 2, 2009
I. Call to Order
Chairman Donovan opened the meeting at 5:10pm. In attendance were 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; minutes were transcribed and typed by Office Manager Winglass.
II. Introduction of Guests
III. Old Business
IV. New Business
5:00pm - NH RPC (Rockingham Planning Commission) requesting CTAP Community Representatives
The Board reviewed a letter from the Rockingham Planning Commission requesting the town to appoint a CTAP Community Representative. The Community Representative will be part of Phase 2 of the I-93 CTAP (Community Technical Assistance Program) whom will be asked to consider the Community Assessment recommendations in determining planning priorities for project funding.
The Board asked for a memo to be sent to the Planning Board asking them if anyone is interested to be appointed as a Community Representative.
5:15pm - Request to appoint Kathy Meserve as an Gale Library Board of Trustees Alternate
The Board reviewed a memo from Marilyn Landry, Chairperson Gale Library Board of Trustees notifying the Board that the Trustees unanimously voted to reappoint Kathy Meserve as an Alternate Gale Library Trustee for the 2009-2010 year.
Chairman Donovan motioned to reappoint Kathy Meserve as a Gale Library Board of Trustees Alternate for the 2009-2010 year. Second by Selectman Thayer. Vote: Unanimous.
5:30pm - Resident Natalie Allen Re: Request for reimbursement
The Board reviewed a letter from resident Natalie Allen outlining her experience at the Town Hall when she came in to obtain a second Resident Sticker and had to pay $25 for it, for she forgot to remove her sticker when she purchased a new vehicle last year. Mrs. Allen asked for a refund due to struggling with today’s issues and many others. The Board decided to reimburse the $25 due to personal hardships.
Chairman Donovan motioned to reimburse Natalie Allen the $25 for the Transfer Station town sticker. Second by Selectman Thayer. Vote: Unanimous.
5:45pm - Fred Gundersen Re: Bond release on Nordic Wood Lane
The Board reviewed a letter from Builder Fred Gundersen requesting a partial or full road bond reduction held on Nordic Wood Lane. Mr. Gundersen stated that the reason for this request is due to some financial problems he has been experiencing. Nordic Wood Lane was paved with a binder course on October 27, 2004 with a wearing course added November 1, 2007 all within the Town of Newton specifications.
Selectman McCarthy stated that she contacted the Road Agent and read the Planning Board minutes and stated that the two years required by the Planning Board regulations to hold the bond is up on November 7, 2009. The Board decided to contact Road Agent Mike Pivero by cell phone; Selectman McCarthy called and Pivero told her that he would be at the Town Hall in a few minutes.
Chairman Donovan motioned to take a 5 minute recess. Second by Selectman McCarthy. Vote: Unanimous.
Chairman Donovan motioned to call the meeting back to order at 5:53pm. Second by Selectman McCarthy. Vote: Unanimous.
Present was Road Agent Mike Pivero who was given copies of the information surrounding the bond reduction/release. Chairman Donovan stated that they are looking for Pivero’s recommendation and thoughts on this road.
Pivero responded that in his opinion the road is in good shape but obviously now he cannot go out and view the road due to the snow. Pivero added that he does not know about getting this resolved tonight but is willing to work on it and would like to first talk to Town Engineer Mike Vignale at KV Partners. The Board decided to table this item until the next Selectmen’s Meeting in two weeks in order to allow Pivero to do his homework on this road.
6:00pm - Resident Edmund Linscott Re: Plowing for the Town of Newton
Resident Edmund Linscott asked to meet with the Board to request a refund of $400 that he put as a down payment for the insurance on his truck. As Linscott was hired to plow for the town and was subsequently let go for his truck was not ready to plow when the first winter storm arrived. Chairman Donovan questioned Mr. Linscott as to when he found out that he was not going to plow for the town, did you first call the insurance company to cancel the policy. Mr. Linscott responded that he was told by his insurance company to come to the town for reimbursement. The insurance policy effective date is November 24, 2009 and the storm was dated December 11, 2008. Mr. Linscott explained that two days before the storm he blew a brake line and then found out that there were multiple issues that all happened at the
last minute. Mr. Linscott added that the truck is only used for snow plowing and was in the shop all summer long awaiting to be fixed.
Chairman Donovan explained that the insurance company will reimburse, prorated, for a cancelled policy. Mr. Linscott explained that he contacted the Road Agent and gave him a 10 hour notice but apparently that was not good enough.
Chairman Donovan explained that he is in the construction business and is liable when something unexpected happens. Mr. Linscott explained that due to the ice storm, he and his family had to evacuate to the shelter and later called the insurance company and was told that he had a wrongful termination case against the town and to ask for a reimbursement. Selectman Thayer urged Mr. Linscott to contact the owner of the Insurance Company to ask for a reimbursement.
A brief discussion went back and forth between Mr. Linscott and Road Agent Mike Pivero about truck repairs and Pivero stated that his trucks were up and running on the first day of the storm but did need some work after seven days working on the roads. Chairman Donovan asked for the discussion to come back to the Board for this is about Mr. Linscott’s truck. Again, the discussion went back to the insurance and Mr. Linscott explained again his conversation with his insurance agent. Selectman McCarthy stated that she agrees with Chairman Donovan that when changing vehicles she has received a refund from her Insurance Company. Mr. Linscott added that he feels that Chairman Donovan is biased for he is plowing for the Road Agent.
Chairman Donovan responded that he is not being biased and stepped down at this time
Selectman Thayer motioned not to reimburse Edmund Linscott the $400 paid to Kingston Insurance and to go back to get a reimbursement from the Insurance Company . Second by Selectman McCarthy. Vote: Selectman McCarthy and Selectman Thayer – yes. Motion passed.
6:15pm - Residents of Marcoux Grove Re: Winter maintenance and safety concerns
Resident Tom Hansen from Marcoux Grove thanked Road Agent Mike Pivero for coming down on his own time to move the snow. Mr. Hansen explained that the residents in Marcoux Grove are having a problem with ice on the road and it is not safe to walk for it is sheer ice. Mr. Hanson stated that we are not getting any younger and makes it hard to get around and asked if the town can help with sand on the road.
Chairman Donovan read the 2003 warrant article that resulted in a “no” vote when asked to continue to plow the following private roads; Deluxe Avenue, Shirley Avenue, First Street, Ray Avenue, Edward Avenue, Wenmarks Road (past the beach) and Right-of-Way in Marcoux Grove. Chairman Donovan added that the town’s hands are tied for with this vote, the Selectmen cannot plow the rights-of-way in Marcoux Grove.
Mr. Hansen responded that the right-of-way has been paved within a foot or two of being the legal size of a town road and he just wanted to find out if there is a way to get some sand down there. Chairman Donovan responded that the residents of Marcoux Grove have the option of placing a petition warrant article on the 2010 Town ballot to ask for the town to perform winter maintenance on the right-of-way, have the road accepted as a town road or hire someone to sand the road.
Mr. Hansen discussed that a few years back the Road Agent promised sand for the road and stated that it was discussed by the Selectmen to decrease their taxes due to not plowing the right-of-way in Marcoux Grove. The Board discussed the need to research any decision by the Board of Selectmen for providing sand and any tax decreases for those that live on private roads.
Road Agent Mike Pivero explained the catch basin at the intersection of Marcoux Road and the right-of-way entering into Marcoux Grove and right now there is a large pool of standing water in that general area; the catch basin has a stone sump and can only handle a small amount of rain any more than that and it turns into a pool. Pivero added that it has been that way for a long time and it is on his wish list to do but it will not be easy due to the current State regulations have changed drastically over the past 20 years.
Selectman McCarthy discussed that this project would be a good candidate for the stimulus package list; Pivero responded that he has this project on a list with other culverts in town.
A resident from the right-of-way in Marcoux Grove stated that the Fire Department has pumped out the area in the past. Chairman Donovan asked for the staff to check with the Fire Chief to find out if it is possible to pump out the flooded area.
Another resident asked if there is a factor used to help residents on a private right-of-way; such as when the weather is extraordinarily bad is there help from the town. Pivero responded that the town will get involved during a State of Emergency situation; Selectman McCarthy responded that during the ice storm Marcoux Grove was on the list to check daily until electricity was restored.
Pivero added that in conclusion if the residents on the right-of-way in Marcoux Grove were promised the sand then we need to make sure they have it for the town needs to follow through on its promises.
The Board determined that we need to check the minutes to find out the decision and promises made at the time about the sand; Chairman Donovan replied that we will make sure that we will follow through one way or the other.
Another resident asked for an abatement to help offset the cost that has been paid to maintain the road. The Board responded that we will check with Town Assessor Andrea Lewy. Another resident stated that he does not feel that the Board will find any minutes reflecting the decision to put sand in barrels along the right-of-way for he remembers it during a site walk with then Road Agent Frank Gibbs and Selectman Mary Marshall. Chairman Donovan responded that minutes are always written for site walks and we will check the minutes for any reference to what has been discussed tonight.
The Board tabled this item until the next Selectmen’s Meeting on Tuesday, February 17, 2009.
Chairman Donovan motioned to recess the meeting for five minutes. Second by Selectman McCarthy. Vote: Unanimous.
Chairman Donovan motioned to resume the public meeting at 7pm. Second by Selectman McCarthy. Vote: Unanimous.
7:00pm - PUBLIC HEARING for a Discretionary Preservation Easement at 6 Highland Street, Map 11, Block 6, Lot 9
Chairman Donovan motioned to open the Public Hearing at 7:02pm. Second by Selectman McCarthy. Vote: Unanimous.
Sarah Hill, owner of 6 Highland Street brought folders for the Selectmen with research that she did online and outlined the process and her deciding factor to file for a discretionary preservation easement. Sarah thanked the Board for their time and commitment to the Town of Newton.
Sarah talked about her years living in Newton raising four children and how she first fell in love with her property due to the historical features and her desire to make some changes due to the disrepair of the barn. Sarah informed the Board that the barn is still being used as a barn but not for animals and when she purchased the property she restored some areas just the way it was when she purchased it.
The Board discussed that past applications for a discretionary preservation easement prompted a site walk of the property to make sure that it provides a public benefit through the preservation of a Historic Agricultural Structure. The Board tentatively set a date for the site walk for Saturday, February 7, 2009 at 9am and asked for the staff to check with Town Assessor Andrea Lewy to find out her availability.
Resident Sandy Estabrook spoke in favor of preserving agricultural structures in town.
Chairman Donovan motioned to close the public hearing at 7:17pm. Second by Selectman McCarthy. Vote: Unanimous.
7:30pm - Request from Senator Shaheen – Economic Stimulus Package
The Board reviewed an email from NHMA Government Affairs Maura Carrol, General Counsel addressing the much discussed economic stimulus package in Washington DC due to the need to get the national economy moving again. If the town has projects ready to go then the town may have an opportunity to fund those projects with federal stimulus money for there may be money for local projects only if the State determines that it is appropriate.
Carroll suggested that the towns prepare a list of projects ready to go in priority and to be sure you can deliver the project if the money is available for it will be much more difficult to bypass local governments if you can demonstrate that you are ready and able.
Town Administrator Nancy Wrigley stated that she forwarded information to the Local Government Center in an effort to research other avenues for funding the Police Station project.
Selectman McCarthy stated that she was thinking about the scenic bypass, Gould’s Hill Road that might qualify. Chairman Donovan asked that we check if there is a deadline to submit a list to the Local Government Center. Another project discussed was the necessary repairs to the boat launch area on Country Pond.
8:00pm - Preparation of the 1st and 2nd Session of the Annual Town Meeting
The Board discussed and finalized the handouts to be given out at the Deliberative Session and asked to contact the Police Chief to make sure he has his handouts for his warrant articles. Other discussions were about who will speak at the Deliberative Session on the Selectmen’s warrant articles.
V. Announcements
· Tuesday, February 3, 2009 Deliberative Session at the Sanborn Regional Middle School in the Gym starting at 7pm. All are encouraged to attend.
Town Administrator Nancy Wrigley discussed that we have a snow storm coming tomorrow and how is the Board planning on canceling the Deliberative Session if the weather is too bad. Selectman McCarthy stated that one factor is whether the school closes early; Chairman Donovan added that we will wait until 1pm and will contact the office if they feel it needs to be postponed.
VI. Accept Minutes of Selectmen Meetings
- Selectmen’s Public Meeting minutes of December 8, 2008, December 22, 2008, December 29th and December 30th, 2008 and January 5, 2009
Chairman Donovan motioned to accept the Selectmen’s Public Meeting Minutes of December 8, 2008 as written. Second by Selectman Thayer. Vote: Unanimous.
Chairman Donovan motioned to accept the Selectmen’s Public Meeting Minutes of December 22, 2008 as written. Second by Selectman McCarthy. Vote: Unanimous.
Chairman Donovan motioned to accept the Selectmen’s Public Meeting Minutes of December 29th and 30th, 2008 as written. Second by Selectman Thayer. Vote: Unanimous.
Chairman Donovan motioned to accept the Selectmen’s Public Meeting Minutes of January 5, 2009 as written. Second by Selectman Thayer. Vote: Unanimous.
- Selectmen’s Nonpublic Meeting minutes of December 8, 2008 and December 22, 2008
Chairman Donovan motioned to accept the Selectmen’s Nonpublic Meeting minutes of December 8, 2008 as written. Second by Selectman McCarthy. Vote: Unanimous.
Chairman Donovan motioned to accept the Selectmen’s Nonpublic Meeting Minutes of December 22, 2008 as written. Second by Selectman Thayer. Vote: Unanimous.
VII. Reports from Department Heads
Ice dam and snow removal from Town Buildings
The Board reviewed two estimates for removing the ice dams and snow removal from the roof at the Town Hall and the Police Station. At first, the town contacted a local contractor and the cost was astronomical due to the need to rent equipment to complete the job at the Town Hall for it is such a tall building. At that point, Office Manager Winglass contacted a local tree service company and their rates were vastly different due to owning equipment that can be used to clear the snow and ice from the Town hall roof.
Tamarack Tree Service estimate cost $125 per hour with a four hour minimum to remove the ice and snow from the Town Hall, Police Department and any other town buildings that may be in need of this service and includes worker’s compensation and liability insurance.
The other proposal was from Wilson Construction and the cost was for the sum of $1,895.00 per storm to include worker’s compensation and liability insurance.
Chairman Donovan motioned to recommend to hire Tamarack Tree at $125 per hour with a four hour minimum for the removal of the ice dams and to shovel the snow off the town buildings. Second by Selectman McCarthy. It was discussed that the need for this to be done is to make sure our town residents and visitors are safe walking in/out of the town buildings. Vote: Unanimous. This is to be paid out of the General Government Buildings budget.
PTO paid to employee’s upon termination
The Board reviewed a memo from Kimberly Hughes, Bookkeeper/Payroll Administrator asking for the Board to approve the PTO due to Officer Iworsky upon termination. The town’s Personnel Policies and Procedures states that the town will pay up to two weeks of unused PTO upon termination for any reason. After one full year of employment, PTO hours earned are calculated and awarded to a full-time employee on January 1st. Officer Iworsky terminated his employment effective 1/17/09 and the town’s policy allows him to be paid for 80 PTO hours although due to owing the Police Department $300 for an ammunition cabinet, will reduce the hours to 65.75 PTO due.
The Board discussed looking at the town’s personnel policies and Town Administrator Nancy Wrigley added that she will put this on the list of policies to be reviewed this year.
Chairman Donovan motioned to authorize the Bookkeeper/Payroll Administrator to pay 65.75 PTO hours to Officer Gregory Iworsky per the town’s policy due upon termination. Second by Selectman McCarthy. Vote: Unanimous.
Town Administrator Nancy Wrigley asked if the Board has any thoughts on how they would amend the policy; the Board discussed possibly changing it so that the employees get their PTO due to them quarterly.
VIII. Adjourn
Chairman Donovan motioned to adjourn at 7:47pm. Second by Selectman Thayer. Vote: Unanimous.
Respectfully Submitted,
Mary B. Winglass, Office Manager
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