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

July 20, 2009


  • Call to Order
Chairman McCarthy opened the public meeting at 5:04pm.  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 digitally recorded; the minutes were transcribed and typed by Office Manager Winglass.

Chairman McCarthy motioned to go into nonpublic Session under RSA 91-A:3 II (b) - Transfer Station and Code Enforcement Officer and (a) - Police Department, Board of Appeals and Bookkeeper/Payroll Administrator and (c) - Tax Deed and Code Enforcement.  Second by Selectman Thayer.  Roll Call Vote: Chairman McCarthy – yes; Selectman Thayer – yes; Selectman Donovan – yes.  Vote: Unanimous.

Chairman McCarthy motioned to close the nonpublic at 7:15pm.  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 except to announce the following;

  • The Board interviewed applicants for the Transfer Station and Code Enforcement Officer and will continue the interview process and checking on references.
  • The Board approved increases for part time police officers to bring them more in line with other towns
  • The Board approved the extension of Police Chief Lawrence Streeter’s contract to July 30, 2014
The Board approved the Board Of Appeals Secretary a 2.5% merit increase effective June 30, 2009
The Board approved the Bookkeeper/Payroll Administrator a 5% merit increase effective June 24, 2009
  • The Board approved sending copies of permits as outlined by the Building Department to Shawn Poor per his request to the Board of Selectmen dated May 14, 2009 relating to 21 South Main Street
  • Introduction of Guests
  • Old Business
A.  Email from Emergency Mgmt Director Larry Foote Re: Alert Now Subgroup

The Board read an email from Emergency Management Director Larry Foote informing the Board that the town list has been completed for Alert Now and any department wishing to set up a sub group for to use as a department notification are to contact him with the names and phone numbers.

Chairman McCarthy suggested that other town departments such as the Police and Fire Departments use this service by setting up an inter-department group notification.

B.  Update from Fire Chief William Ingalls Re: Marcoux Road dry hydrant

Fire Chief Bill Ingalls was present and talked about his correspondence with Resource Conservation and Development to determine the practicality of establishing a dry hydrant system to draw water from Country Pond as a possible fire department portable pump draft site.  Their findings were that the site chosen was not suitable for a dry installation due to excessive static lift, excessive horizontal run, proximity to intended targets for the area is too congested to support pumping operations and is cost prohibitive for it would require major excavation and careful safety consideration.  Another option for the same amount of time and expense is a push-line from the recently built hydrant by the bridge to the target area might be a consideration.  The Board asked Chief Ingalls to check into this option with Resource Conservation and Development.

Resident Tom Hansen was present and a brief conversation took place regarding the site and possible options for as it stands now the Fire Department would come into the area with the department’s water truck, if ever there was a fire.  

C.  Review of Credit Card – Purchase Policy

Town Administrator Nancy Wrigley stated that she prepared the final Credit Card-Purchase Policy per the recent changes made by the Board to the Purchase Policy to increase the minimum from $1,000 to $1,500 for requiring a signed requisition by the Board of Selectmen.  With no other proposed changes to the policy, the Board made the following motion;

Chairman McCarthy motioned to adopt the Credit Card - Purchase Policy with the changes effective today.  Second by Selectman Donovan.  Vote: Unanimous.

D.  Review of Safety & Loss Prevention Program and Policies

The Board asked if this policy had been sent out to all departments.  Town Administrator Nancy Wrigley responded that an email went out to some of the departments.  The Board asked to make sure each department received a copy via email for their review and comments.  Police Chief Streeter stated that he received a copy of the proposed policy and thought the committee did an excellent job.  The Board asked to review this policy again at their next meeting on July 27, 2009.

E.  Continued discussion on repairs to town buildings

Town Administrator Nancy Wrigley obtained two quotes for the Board’s consideration and review for work to be done at the Marshall House Cobbler’s Shed and at the Central Fire Station.  The Marshall House Cobbler’s Shed sustained some damage during the December ice storm to the roof and a broken window; the proposal from M. Cote Home Improvements totaled $855.00.

The second proposal from M. Cote Home Improvements is for the painting of the fire station bathroom and the installation of a vinyl floor tile totaling $460.00.

Selectman Thayer motioned to hire M. Cote Home Improvements to patch the hole in the Marshall House stud roof and shingle repair, repair ceiling with sheetrock, tape and mud damaged from roof leak, prime and paint ceiling and replace a broken window for a total of $855.00.  Second by Chairman McCarthy.  Discussion: To paid out of General Government Buildings budget.  Vote: Unanimous.

Selectman Donovan motioned to hire M. Cote Home Improvements for work to be done at the Central Fire Station bathroom for a total of $460.00 to be paid from the General Government Buildings budget.  Second by Chairman McCarthy.  Vote: Unanimous.

F.  Continued discussion of Board of Appeals variance criteria

Present was Board of Appeals Chairman Tom McElroy

Mr. McElroy discussed with the Board that before the Appeals application was revised the Board met with Town Attorney Sumner Kalman to review the criteria on the state regulations and it was then agreed upon to change the application.  When reviewing the two re-hearings currently in front of the Zoning Board, it was decided to start over with the new application for both applicants.  Mr. McElroy added that with the new changes to the criteria for a variance will make it tough to grant variances.

The Board stated that they received information from the Town’s Attorney and they learned that the purpose for updating the application and bringing the town up to speed on the current law is to make sure that the applicant is aware of its burden to meet the current requirements necessary to support an application for a variance.

Mr. McElroy stated that tomorrow night the ZBA is working on a continuation for two applicants for a re-hearing and discussed that there is no state regulation as to the time frame to complete a public hearing.  Assistant Building Inspector Sam Zannini responded that he is on the Atkinson ZBA and they only continue a hearing no more than two months for it is their view that it is the applicants responsibility to come into the meeting with all the information.

  • Certification for Building Officials
Present were Chief Building Official Ron LeMere and Assistant Sam Zannini

Chief Building Official Ron LeMere talked about the department’s certification and the deadline of the end of June by the Board of Selectmen to accomplish this requirement.  LeMere added that each inspector has attended training seminars as part of the 2006 IRC Codes.  With the introduction of the economic stimulus plan to fund the adoption of the 2009 Codes and Energy Codes in the State created another dilemma, training.  The changes between the 2006 and 2009 Codes are so great they need to look at the affects on the state and the building code review board.  The Review Board is holding their first test site for training of the 2009 Codes on December 9, 2009.  LeMere added that the Board will need to increase the training budget significantly for the Building Department for next year due to this change.   In the meantime, the Department will receive certification for the 2006 Codes in September.

The Board asked if there were any stimulus money available to the town’s for training; LeMere responded no.  LeMere added that by January 2010 the department will also be required to be certified as an ADA Inspector.

LeMere apologized for the delay and is willing to proceed with no cross inspections until the department completes the September training.  Chairman McCarthy responded that it would have been nice if LeMere had told us a while ago; we are not here to appose you but here in the best interest of the town.  LeMere responded that this issue will be solved soon and apologized for his failure to communicate better with the department’s liaison Selectman Thayer.  

LeMere added that in 2010 “Green Buildings” will become an issue and with two of the town’s inspectors working for the State is a benefit to the town with continuing education and constant exposure with issues around the State.

Assistant Sam Zannini added that the inspectors do not have any problems with the Selectmen drawing the line in the sand tonight to allow no further cross inspections until certification is obtained.

Chairman McCarthy asked the Board members their wishes for moving forward with inspections.  Selectman Thayer responded that it is his opinion for the Building Department to continue with the training for the 2006 Code certifications with no cross inspections until complete.  

LeMere added that he respects the Board’s decision either way, however you want to handle it.

Chairman McCarthy discussed that on October 27, 2008 the Selectmen gave the Building Department until June 1, 2009 to compete their certifications.  Selectman Thayer added that he would leave it up to the Building Department and to extend the certification for they are only a part time department servicing the public.

LeMere stated that basic inspections can be done by Assistant Sam Zannini while he is on site to inspect another area for on the most part, the builders are pulling permits at the last minute due to funding; the department tries to accommodate them when they can.  LeMere added that no one is in the Building Office seven days per week but they are available seven days per week via cell phone; we need to be part of a solution at this point.

Selectman Thayer replied that he is favor of LeMere delegating the inspections to cover inspections until the department is certified.  LeMere replied that the department will be completely certified no later than mid October.

Chairman McCarthy stated that the department needs to keep us posted with issues such as this in the future.  Selectman Thayer questioned what happens if you fail the certification; LeMere responded that you have 30 days to retake the test.  

Chairman McCarthy motioned to extend the motion made in the Selectmen Public Meeting held on October 27, 2009 requiring the building department to get their certifications no later than November 1, 2009 and between now and that time only Chief Building Official Ron LeMere can do cross inspections; Assistants Sam Zannini and Dan O’Reilly are to complete inspections that they are licensed to do.  Second by Selectman Donovan.  Vote: Chairman McCarthy and Selectman Donovan – yes; Selectman Thayer – apposed.  Motion passed.

  • New Business
A.  Letter from NHMA/NHLGC Re: Proposed Article 28-a Lawsuit Against the State
     for contributions to the Retirement System

The Board reviewed a letter from the Local Government Center Executive Directors regarding a proposed Article 28-a Lawsuit Against the State due to a “downshift” of over $100 million in state costs to local governments by reducing the State’s share of the employers’ retirement contribution for Group I teachers and Group II police and firefighters starting July 1, 2009.

The Local Government Center advises towns to prepare a “Payment under PROTEST” signed by the Board of Selectmen demanding the New Hampshire Retirement System to account properly for the sum paid under protest and be prepared to reimburse that sum, with interest, at such time as a court of competent jurisdiction rules that the collection of said sum was in violation of the New Hampshire Constitution, Part I, Article 28-a.

The Board signed a prepared letter stating that the Town of Newton is making payment under PROTEST to be sent in with each monthly payment to the New Hampshire Retirement System.

B.  Request from resident Joyce Clark Re: Resident Sticker

The Board reviewed a request from resident Joyce Clark requesting a second resident sticker without paying the $25 replacement sticker fee.

The decision of the Board was based upon the Town of Newton Resident Sticker Policy which states that you are required to meet with the Board of Selectmen before a replacement sticker is issued.  

C.  Request from resident Janice Detour Re: Resident Sticker

The Board reviewed a request from resident Janice Detour requesting a second resident sticker without paying the $25 replacement sticker fee.

The decision of the Board was based upon the Town of Newton Resident Sticker Policy which states that you are required to meet with the Board of Selectmen before a replacement sticker is issued.

D.  Review status of Channel 20 Cable Channel

The Board received a letter of resignation from Andrew Morse from both the Cable Committee and voting booths effective immediately.  A second letter of resignation was received from Theresa Morse from the Transfer Station, Cable Committee and voting booths effective immediately.

Chairman McCarthy motioned to accept the resignation from both Andrew Morse and Theresa Morse effective June 14, 2009, the date of their resignation letters.  Second by Selectman Donovan.  Vote: Unanimous.

E.  Fire Chief William Ingalls Re: Update on Assistance to Firefighters Fire Station
    Construction Grant

The Board reviewed an email from Michael McLeieer, Massachusetts Firefighting Academy & National Fire Academy Instructor and a member of the Peer Review panel for the Fiscal Year 2009 Fire Station Construction Grant from the U.S. Department of Homeland Security.  This grant funding is $210,000,000.00 eligible for fire departments throughout the United States.

Per Mr. McLeieer, the Town of Newton does not meet the guidelines to be considered for a station grant award but recommended that the town work on other AFG grants which are more aligned for Newton’s Fire Department, including SAFER and Assistance to Firefighter Grant.  The grant applied for by Fire Chief Bill Ingalls is a construction grant designed to stimulate jobs, both in the construction and also the hiring of new or rehiring laid off staff to meet the 24 hour per day, 7 day per week, 365 days per year to improve firefighter safety and improve response times.

Fire Chief Bill Ingalls was present to answer any questions and a discussion ensued regarding a strong odor at the Central Fire Station; Chairman McCarthy has been in contact with an expert to help determine the cause of the odor.

  • Open request for proposals for “Statistical Update”
The Board opened proposals from the following companies for a Statistical Update for the Town of Newton;

Avitar Associates of New England, Chichester, NH
J.F. Ryan Associates, Newburyport, MA
Brett S. Purvis & Associates, Sanbornville, NH
Andrea Lewy, Nottingham, NH
John W. McSorley Consulting, Nottingham, NH
Cross Country Appraisal, Concord, NH

Town Administrator Nancy Wrigley will work to prepare a spreadsheet of the proposals received for the Selectmen’s review.

  • Letter from resident Joseph Enaire Re: Accessory Apartment application withdrawn
The Board reviewed a letter from Joseph Enaire of 50 Pond Street requesting to use the $500 he paid to the town for an accessory apartment application that was then withdrawn due to unforeseen circumstances.  Mr. Enaire asked to use the $500 toward permits for constructing a new detached garage.  A second letter from the Planning Board explained the time frame in that Mr. Enaire withdrew his application on the night of the public hearing; the Planning Board has no problem with refunding Mr. Enaire.  

Selectman Donovan motioned to take $500 out of the Planning Board budget to refund Joseph Enaire of 50 Pond Street for the accessory apartment application that he is no longer doing.  Second by Chairman McCarthy.  Vote: Unanimous.

  • Police Chief Lawrence Streeter Re: Town wide radio frequency
Police Chief Lawrence Streeter was present and spoke on the current and a potential town-wide communication system.  Streeter talked about the need for a town communication system and outlined a proposed system, a Newton Repeater Tower and its uses and an estimated cost for the town system.  

The pricing for this system is substantial and Chief Streeter stated that some of the funding can be done through grants.  At this stage, Chief Streeter suggested that this information to be given to Emergency Management Director Larry Foote and to the Safety Committee for their review and comment.

  • Digital tape recordings of public and nonpublic meetings
Chairman McCarthy stated that she asked to have this item on the agenda as a follow up to a Right to Know Seminar attended by the Selectmen’s Office Manager and Chairman McCarthy this past month.  Chairman McCarthy stated that the official document of the Selectmen’s Meetings is the approved minutes by the Board of Selectmen.  Selectman McCarthy advised the Board that any digital tape recordings of the meeting are for administrative purposes only and should be erased once the minutes have been accepted by the Board.

After a brief discussion, the Board made the following motion;

Chairman McCarthy motioned that the only official documents is the approved minutes by the Board of Selectmen and if any recordings, digital or otherwise are for administrative purposes only and once approved will be erased or deleted.  Second by Selectman Donovan.  Discussion:  Chief Streeter added that with this decision forces the Attorney to call in all those in attendance.  Vote: Unanimous.

  • Road Agent Mike Pivero Re: Drainage/maintenance easements
Present was Road Agent Mike Pivero and spoke on advice given to Office Manager Mary Winglass by Town Attorney Sumner Kalman regarding drainage easements on private properties in town.  Currently the town has three areas where storm drainage runoff is flooding roads and yards and would need to be a joint effort with the property owners and the town.

Pivero added that a certified plot plan will have to be drawn showing the location of the easement but before anything is done, the property owners need a partial release from their mortgage Company.  Once the homeowner received the approval from their Mortgage Company then we need to move forward with a certified plot plan and Pivero asked if the cost of the plot plan is the responsibility of the owner or is the town going to help.

Town Administrator Nancy Wrigley stated that if she was one of the homeowners she would be willing to pay for the site plan especially since the town is picking up the cost to install the drainage system.
 
The Board discussed the estimated cost for a site plan could start around $1,500 and go up to as high as $3,500.  The Board decided that we can start with saying the town will pick up 50%, not to exceed $1,000 and gave Pivero the go ahead to contact the property owners.

  • Review telephone communications contract
Office Manager Mary Winglass informed the Board that the town’s telephone communication contract with One Communications expires August 19, 2009.  Winglass asked how the Board would like to proceed; the Board decided to have Winglass contact Comcast and One Communications to receive written quotes.

  • Discussion of #2 fuel oil for town buildings
Office Manager Mary Winglass asked the Board how they would like to proceed with the purchase of #2 fuel oil for the town’s buildings for this fall/winter.  The Board discussed that last year we coordinated with two other area towns for a “bulk” purchase but in the end each town purchased separately, therefore the Board did not see any benefit with going with that option again this year.  Office Manager Winglass added although it was a lot of work to coordinate the town’s information, it was a learning experience and may need more than one year to see the benefits.

The Board instructed Winglass to contact the town’s current #2 fuel oil supplier, Palmer Gas/Ermer Oil to request a quote for this fall/winter.

  • Budget Review - Year to date expenditures through June 30, 2009
The Board did not review the budget.

  • NHSPCA - Request for payment for 2008 animal rescue
The Board received a letter of demand from the NHSPCA for $1,340 for the assistance given during a animal rescue case involving Linda Medeiros.  The State of New Hampshire brought animal cruelty charges against Linda Medeiros in the Plaistow District Court and the court issued a sentencing order on October 23, 2008 ordering her to pay $1,340.

Police Chief Streeter was present and add that he spoke with the Plaistow Court and confirmed that Medeiros was in violation of her criminal disposition and is in the process of bringing the matter back before the court unless immediate payment is made.  Chief Streeter’s recommendation is to send a letter to the Attorney representing the NHSPCA stating that the payment should be made by the court ordered responsible person within a reasonable length of time and we apologize for the inconvenience.

The Board agreed to send a letter per the recommendation of Police Chief Streeter.

  • Letter from Charlie Zilch, Project Manager Re: Street Lighting at Kenwood Drive & Storey Lane
The Board reviewed a letter from Project Manager Charlie Zilch requesting on behalf of developer David Storey, for the town to take over the billing for the streetlights installed as required by the Planning Board at the intersection of Kenwood Drive and Storey Lane and at the end of the cul-de-sac of Kenwood Drive.

Office Manager Winglass discussed that when this subdivision was in front of the Planning Board in 2003, that was prior to the Selectmen shutting off all non essential streetlights in town in order to trim the budget.  The Board agreed that they were not in favor of taking on any additional expense for the streetlights.

Chairman McCarthy motioned to send a letter to Charlie Zilch, Project Manager regarding the street lighting on Storey Estates stating that the town due to budget constraint is not willing to accept these particular street lights as it has been established by precedent in the past.  Second by Selectman Thayer.  Vote: Unanimous.

  • Land Use Change Tax recommendation from Town Assessor Andrea Lewy
The Board reviewed a memo from Town Assessor Andrea Lewy with her recommendation to release remaining backland owned by F.X. Schmid USA with a $0.00 Land Use Change Tax bill due to the statutory time limit under RSA 79-A:7 II (c) which is within 12 months of discovery.

In 2004, 125 Development purchased 190+ plus acres leaving F.X. Schmid USA owning the remaining 16.95 acre parcel.  Due to this sale the remaining 5.95 acres should have been released from current use.  

Chairman McCarthy motioned that per the recommendation of the Town Assessor to remove the lien at the Registry of Deeds pertaining to 1 Puzzle Lane for Map/lot 014-1-027 for 5.95 acres of backland for the Land Use Change Tax.  Second by Selectman Donovan.  Vote: Unanimous.

  • Announcements
  • Accept Minutes of Selectmen Meetings
  • Selectmen’s Public Meeting minutes of June 2, 2009, June 8, 2009, June 11, 2009, June 22, 2009, June 23, 2009, June 29, 2009 and July 7, 2009
  • Selectmen’s Nonpublic Meeting minutes of June 2, 2009, June 8, 2009, June 22, 2009, June 23, 2009, June 29, 2009 and July 7, 2009
No minutes were accepted at the meeting due to the late hour.

  • Reports from Department Heads
  • Planning Board – Advertising for the Plan NH Charrette (intensive design session)
The Board reviewed a memo from the Planning Board regarding marketing ideas that the Planning Board is considering; these are being sent to keep the Board of Selectmen informed, to obtain approval for the items that require approval and to seek input into other ways of informing the public of this important event.  The date and location of the charrette will be determined within the next couple of days.  The Board had no questions or comments.

  • Fee Free Weekend – August 22 and 23rd.
Chairman McCarthy stated that the tentative date for holding the Amnesty Fee Free Weekend for the residents of Newton is August 22nd and 23rd.  We are working on finalizing the date and will need to inform the public as soon as we have a final date.

  • Adjourn
Chairman McCarthy motioned to adjourn at 10:40pm.  Second by Selectman Donovan.  Vote: Unanimous.

                                                        Respectfully Submitted,


                                                        Mary B. Winglass, Office Manager