SELECTMEN’S PUBLIC MEETING
June 22, 2009
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. Some of the meeting was audio taped for there were operational problems with the digital voice recorder; the meeting was 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) - Code Enforcement/Complaint and Tax Deeding and under RSA 91-A:3 II (a) – Police Department. 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 6:45pm. 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 except to announce the following;
- The Board denied the request from James J. Flynn, Trustee of the John W. Laubner Revocable Trust of 2001, Real Estate at 44 Pond Street for a waiver of interest and penalties accrued since 2006.
- Chairman McCarthy will speak with the Conservation Commission about conducting a site walk at Puzzle Lane due to a letter received from the Department of Environmental Services outlining their concerns and to invite the Board of Selectmen to attend.
6:30pm - Michael Bergeron, Business Development Manager for the State of New Hampshire:
Presentation on the State’s Economic Revitalization Zone Tax Credit.
Michael Bergeron was present to inform the Selectmen of the State’s Economic Revitalization Zone Tax Credit as a way to help reinstate business retention in New Hampshire. This department under the State of New Hampshire works with businesses to encourage revitalization and to create jobs. Communities and employers may take advantage of this program as an incentive for new and existing businesses to relocate, expand or create new jobs in New Hampshire.
This tax program does not cost the town anything. The town applies for the tax credit showing a map of the town and the locations for the tax credit. The criteria for this program is the following; the area has been certified as being a Brownfields site or a zone that is unused or underutilized industrial park to include vacant land or structures previously used for industrial, commercial, ore retail purposes but currently not used due to demolition, age, and other such previous uses to include cessation of operation resulting from unfavorable economic conditions.
The Board thanked Mr. Bergeron for taking the time to explain this program and the town will look at their industrial/light industrial uses for there are no Brownfields sites in town.
7pm - Department Head Meeting
Present were Police Chief Lawrence Streeter, Town Administrator Nancy J. Wrigley, Bookkeeper/Payroll Administrator Kim Hughes, Selectmen’s Office Manager Mary Winglass, Town Clerk/Tax Collector Mary Jo McCullough, Welfare Agent Tina O’Rourke, Treasurer Jennifer Gaines, Cemetery Trustee Bill Landry, Library Director Theresa Caswell and Chief Building Official Ron LeMere.
Chairman McCarthy thanked everyone for attending the meeting for it is the Board’s intent to hold a department head meeting a few times a year in order to bring everyone together to hear about what is taking place in their department and to brain storm ideas.
Town Administrator Nancy Wrigley explained the changes to the purchase policy and a lively discussion was had regarding the changes and their effect on each department. Police Chief Streeter discussed his department and the need to make emergency purchases to keep his department operating. The changes to the policy include “emergency purchases” which allows the department head to determine the emergency.
Bookkeeper/Payroll Administrator Kim Hughes discussed the yearly audit and how they check to make sure the town is following their own policies. Chairman McCarthy discussed that this one policy is to cover departments with very different size budgets and the need to be flexible to make emergency purchases with justification to follow. Town Administrator Wrigley added some of the town’s departments do not keep a good handle on their budgets and we all need to play by the same rules.
Chairman McCarthy asked the Town Administrator how many credit cards under the Town of Newton are active. Town Administrator Wrigley replied that she does not have a list of the credit card numbers with expiration dates but the departments that have cards are Police, Fire, Town Administrator, Bookkeeper/Payroll Administrator, Recreation and Planning Board. TA, Wrigley explained that she prepared the credit card purchase policy as a way to protect the town and to outline the responsibility of each department that holds a credit card and to inventory the credit cards.
The Board went back to discussing the purchase policy and a final decision was made to increase the limits by $500.
Selectman Thayer motioned to accept the purchase policy with the provisions made by Chairman McCarthy and the additions to the policy as written. Second by Selectman Donovan. Vote: Unanimous.
The Selectmen directed the Town Administrator to contact all the town’s departments to make sure we know who holds a town credit card with the number and expiration date.
The Board then asked each department if they had anything further to share at this meeting. Selectmen’s Office Manager discussed “going green” and after a discussion regarding the distribution of minutes, each department approved receiving them by email versus a printed copy.
The Board discussed their summer schedule in that they plan to meet only once per month for both July and August.
- Letter from State of NH Division of Forests and Lands Re: Tree Warden Appointment
Chairman McCarthy explained that David Baker served as our Tree Warden for many years and his service was exemplary. Since David’s passing, John Owens requested to be appointed as Tree Warden and with the recommendation of the Selectmen, the State Department of Resources and Economic Development, Division of Forests and Lands, under RSA 231:139, appointed Mr. Owens to a one year term as Tree Warden for the Town of Newton.
- Rescind motion for the purchase of the Mears vehicle for the use of Animal Control
Chairman McCarthy stated that the vehicle that the Police Department was to purchase from the Mears for the use of Animal Control did not turn out to be financially sensible. On June 5, 2009, the Board approved the purchase of this vehicle for $1,000 from Kim and Peter Mears. Since the Board approved the purchase it was determined by Sullivan Tire the estimated vehicle repair cost to be approximately $5,487.00. The Chief then spoke with the Mears and they “donated” the vehicle as a “write-off” on the condition that they have a vehicle by 6/1/2009.
During the week of 5/11/09, the Chief spoke with Safeway Transportation in reference to a donated vehicle and they responded that they would get back to the Chief.
On or about 5/22/09, the Chief purchased a 2000 Chevy Blazer, on a private sale for $1,000.00. The repairs for this vehicle were estimated at $1,800. During the week of 6/1/09, Safeway Transportation called the Chief to donate a 2002 Dodge Van. Based upon repair costs, mileage, it was the Chief’s opinion to keep the van for it would be better suited for duties related to ACO’s job description. The Chief sold the Blazer to offset the cost of the repairs to the van.
Chairman McCarthy motioned to rescind the motion on May 5, 2009 to purchase a 1994 Ford Ranger from Peter and Kim Mears for $1,000 to be used for Animal Control. Second by Selectman Thayer. Vote: Unanimous.
- Review bids received for Pump House Addition and Generators
Bids for Pump House Addition
Chief Building Official Ron LeMere was present to explain to the Selectmen his review of the pump house addition bids in that eleven of the bids exceeded the targeted amount. The lowest bidder was found that their business entity is not in good standing with the State of New Hampshire. This leaves three remaining bids to be considered for this project. LeMere’s recommendation is for the three contractors to be contacted for a post bid meeting to insure and clarify the inclusions. LeMere offered to conduct the post bid meeting with the help of Office Manager Winglass.
The three bidders are L&B Construction Management of Hooksett, NH, D&W Contractors of Winnisquam, NH and Eastern Seaboard Concrete Construction of Newton, NH.
The Board is comfortable with LeMere working with Winglass to prepare a final recommendation to the Board by the next scheduled meeting on July 20, 2009.
Bids for the Generators
Chairman McCarthy stated that she reviewed the generator bids and prepared a spreadsheet to determine if each bid included all the specifications. Some of the bids did not reference the specifications and others referenced only some of the specifications. The Board discussed asking each bidder to clarify their bid. Chief Building Official Ron LeMere offered to help prepare a check list to be sent to the bidders to clarify what the bid includes and the cost breakdown. LeMere will work with Office Manager Mary Winglass on the checklist and will discuss the bids again on July 20, 2009.
- Review decision from the Planning Board Re: Easement through the Gale Library property
The Board reviewed a letter received this afternoon from Attorney Justin Nadeau on behalf of Robert White stating that he reviewed Mr. White’s deed (1990) and the deeds into his two immediate predecessors, Phyllis Green (1958) and Wilbur R. Sargent (1925) and there is absolutely no reference to any deeded easement or right-of-way over any land behind the Gale Library or elsewhere for that matter. Copies of the deeds were attached for easy reference. Attorney Nadeau asked to further review for consideration of an easement over the Peanut Trail at the next meeting most convenient for the Planning Board.
Chairman McCarthy then read a memo from the Planning Board from June 15, 2009 stating that the Planning Board discussed the easement for Robert White on June 9, 2009 and voted to send a memo to the selectmen to have them consider granting access to lot 11-7-15-1 to Mr. White from behind the Gale Library. The motion carried 4-3-0 with Barbara White, James Doggett and Ann Miles opposed.
In addition, the memo included the comment that Ann Miles wanted the record to reflect that the Board is amendable to another solution if this one doesn’t work out.
Chairman McCarthy explained that the Town’s insurer has removed nuisance coverage from all their contracts in New Hampshire so the Town is now without insurance for these types of claims. Therefore if someone was visiting Mr. White and an abutter complained of a nuisance via any access from town property, the town may be responsible for this type of claim. The Board questioned if someone is hurt on the Peanut Trail, who would be responsible.
Chairman McCarthy went on to explain that in order to have a conservation easement over the peanut trail may require the town to have the stewardship committee responsible to check the property three times per year and to maintain the easement. A conservation easement is required by State Statute to be maintained and for the town to put funds aside for any legal issues. Chairman McCarthy is well versed in the area of easements due to being on the Conservation Commission for many years with a good number of them as Chairman.
Chairman McCarthy suggested to Mr. White to look at the option of receiving permission on the right to pass and repass versus an easement as a possible solution, but she was not sure. Mr. White asked if there will be any type of resolution tonight.
Marilyn Landry, Chairman of the Gale Library Trustees asked to speak and questioned the letter from Attorney Nadeau and it was explained that there is no easements to Mr. White’s property from any of the locations (Town Hall Road, Peanut Trail or Gale Library). Marilyn Landry discussed her concern with an easement at the back of the Gale Library relating to safety for the patrons and children that visit the library, the library has a one way entrance/exit area and parking is limited. Other issues of concern include who would be responsible to plow the area and maintain the easement.
Kathy Meserve, Vice Chairman of the Gale Library spoke on the safety issues with parking at the library and how the easement would add to the problem. Meserve asked for a statement from the Selectmen stating that there should not be an easement behind the Gale Library.
Chairman McCarthy agreed that the Gale Library is not the place to have an easement for it would put many in jeopardy as you enter into and out of the area due to having only one, one way entrance/exit and for the safety of the many children visiting the library. Selectman Donovan agreed that the Gale Library is not a sensible place for an easement. Chairman McCarthy suggested for Mr. White to go back before the voters at the 2010 Town Meeting for the right to pass for as it stands now, Mr. White is spending money on an Attorney and if/when Mr. White gains access to his property is he then looking to build, for as it stands, the property is not a buildable lot. Chairman McCarthy stated that Mr. White bought this property for $1.00 knowing that he could not build on the land and yet he is now trying very hard to gain access
when access has always been allowed, on foot down the peanut trail.
A discussion ensued regarding the locked gate at the entrance of the peanut trail in that Mr. Foy has used the trail for tree removal only and Mr. White can as well, with the approval of the Conservation Commission and Recreation Committee.
Selectman Thayer motioned not to grant an easement behind the Gale Library. Second for discussion by Selectman Donovan. Discussion: Again it was discussed that Mr. White has access on the Peanut Trail by foot, no motor vehicles. If needed, Mr. White can receive approval from the Conservation Commission to take a vehicle on the trail in order to maintain his property for tree cutting only and this is allowed for any property owner along the peanut trail. Town Administrator Nancy Wrigley asked Mr. White how far down the Peanut Trail is his property as the warrant article approved 100 feet on the peanut trail; Mr. White responded that there is approximately 600 feet on the peanut trail to his property and Putnam of 30 South Main Street was going to let him drive on his property for the remainder of the
distance to his property. Again it was discussed that receiving access to this land does not give Mr. White a buildable lot and it would be a shame to spend all this money to receive access when he already has access, by foot only. Vote: Unanimous.
- Repairs to the Town Buildings
Town Hall front stairs
Town Administrator Nancy Wrigley stated that she was approached by a concerned resident regarding the condition of the front stairs at the Town Hall and the safety of those using the stairs. Selectman Donovan will help prepare specifications for the work required on the stairs.
Marshall House/Cobbler Shed
Town Administrator Nancy Wrigley informed the Selectmen that she received a notice from the insurance company claim adjuster outlining the damages to the Cobbler Shed. The total covered by the insurance company was just under $1,400 with a deductable of $1,000; the $1,000 deductible has been submitted to FEMA to be included in the December Ice Storm Disaster Relief funds to the town.
The Board directed the Town Administrator to move forward with contacting local contractors for a price on the roof and window repairs, for now.
IV. New Business
1. Memo from the Planning Board Re: Sargent Woods outstanding balance due the NPREA
Account
Office Manager Mary Winglass explained the request from the Planning Board to pay outstanding NPREA fees of $7,768.32 from the bond money for Sargent Woods. Winglass explained that the town holds two accounts for the Sargent Woods project; one for site improvements in the amount of $69,673 and the other for erosion control in the amount of $18,500.
Winglass stated that she spoke with the Planning Board to determine why these invoices had not been paid by Sargent Woods. Winglass was told that Ned Nichols, owner of Sargent Woods responded to the Planning Board’s request on March 12, 2007 stating he disputes some of the charges and asked for the account to be adjusted until questions are resolved. On March 31, 2008, the Planning Board responded to Mr. Nichols letter with a revised statement and adjustments to his NPREA account. The Board discussed the need to know what the invoices are for before we can pay them out of the bond money held for site improvements or erosion control.
The Board directed Winglass to send a memo back to the Planning Board asking them to break down the invoices to determine the amount that falls under the Site Improvements and Erosion Control as stipulated in the construction bond estimate.
2. Re-appointment for Peter Mears as a Conservation Commission member
Chairman McCarthy motioned to reappoint Peter Mears as a member of the Conservation Commission with an expiration date of April 15, 2012. Second by Selectman Donovan. Vote: Unanimous.
3. Appointment for Mary Anne Lapierre to the Conservation Commission
Chairman McCarthy motioned to appoint Mary Anne Lapierre as a member of the Conservation Commission with an expiration date of April 15, 2010. Second by Selectman Thayer. Vote: Unanimous.
4. Request from Robert White to make public the April 14, 2009 nonpublic meeting minutes
The board reviewed the nonpublic minutes based upon the request of Robert White to make the nonpublic minutes of April 14, 2009, public.
Chairman McCarthy motioned to make public the nonpublic meeting minutes from the April 14, 2009 meeting pertaining only to the Transfer Station. Second by Selectman Donovan. Vote: Unanimous.
The following are the nonpublic meeting minutes from April 14, 2009 pertaining to the Transfer Station only.
Present were Transfer Station Lead Attendant Robert White and Transfer Station Manager Andrew Morse
Chairman McCarthy outlined the procedure for speaking during this meeting is to allow everyone their say and to not interrupt one another. Once that person has finished then a rebuttal would be allowed.
Mr. White was the first to speak and asked to have the restrooms moved so that he can get to them quicker and easier. Secondly he explained that prior to the Transfer Station being open on Sunday’s he attended once a month a motorcycle meeting and he would like to continue to attend these meetings and asked to institute a Sunday rotation schedule. Another issue is cleaning the roadside on Wednesday and again to rotate some of the chores.
Mr. Morse responded that on Wednesday the Transfer Station is closed and that is the day the staff cleans the Transfer Station and the surrounding area; Mr. Morse cleans the inside and Mr. White cleans the outside of the Transfer Station.
Mr. White asked to change the hours open to the public to include Wednesdays and Fridays in order to help with his 40 hour requirement and to allow for the rotation of schedules. Chairman McCarthy responded that the town is working on a default budget, second year in a row, therefore no additional hours will be added at this time.
Mr. White discussed the memo written by Mr. Morse dated April 2, 2009 regarding a situation that took place surrounding a deposit and the fact that he should not have been written up for a disciplinary action when he did nothing wrong. The Board explained that Mr. Morse was informing the Board by letting them know as to what happened, this was not a disciplinary action.
Chairman McCarthy expressed her concern with hearing from residents about the friction taking place at the Transfer Station and reminded Mr. White that he is an employee of the town and if you have a problem to go behind closed doors but don’t turn around and tell the residents or yell at each other in public.
Mr. White asked the Selectmen what is he to do when Mr. Morse takes a vacation and leaves him shorthanded for he loses part time Attendant Theresa Morse as well. Selectman Thayer asked Mr. White what he wants to do to help resolve this issue. Chairman McCarthy added that each time she asked Mr. White if he needs any help during Mr. & Mrs. Morse’s time off, his response is “no”. A discussion ensued regarding hiring an alternate/substitute person to help when shorthanded.
The Board discussed with Mr. White and Mr. Morse that they need to communicate and listen to each other. Selectman Donovan talked to Mr. White how he can come off very strong and sounds like he is always arguing, even residents have told him that they were yelled at by Mr. White. The Board discussed the need for both Mr. White and Mr. Morse to work together to prepare a schedule in the hope to help balance out and rotate the jobs.
Mr. White kept asking for a copy of his job description, he kept saying that he does not have an accurate job description. The Board reviewed with Mr. White his job description and gave him another copy for his records. Mr. White responded that the Board needs to tell him what to do. The Board again stated that a job rotation schedule needs to be discussed by Mr. White and Mr. Morse.
Selectman Donovan offered to sit down with Mr. White and Mr. Morse to help resolve the issues as the Selectmen’s liaison. Chairman McCarthy added that Mr. Morse needs to empower Mr. White by giving him additional duties. Mr. White complained that he does not even know all the current vendors and has no contact information; Mr. Morse will prepare a list of vendors for Mr. White.
A discussion ensued regarding contractors using the Transfer Station and Selectman Donovan stated that he was down at the Transfer Station this past weekend and noticed a local contractor using the Transfer Station; while this is fine if he is working on his own property but to see him 2 to 3 times a week is not appropriate when the resident owns a roofing business. Mr. White responded that he sent away two contractors today and they argued and he sent them to Mr. Morse. Mr. Morse responded that he handled them and is prepared to handle them as they come in. Commercial contractors are not allowed to use the Transfer Station.
Many other issues were discussed such as changing the entrance and exit at the Transfer Station, the electric cord that the cars have to pass over and the Board asked Mr. Morse to move forward with these two issues sooner versus later.
The Board discussed the placement of the porta-potty and Mr. White responded that it does not make a difference where it is; the Board asked to work it out for the benefit of all that work at the Transfer Station. Chairman McCarthy asked if the radios are working and the need to use them so that everybody knows what is going on. Town Administrator Nancy Wrigley added that the auditors recommend some type of register for the handling of money; the Board discussed that the fees need to be rounded off with no change in order to make it easier to make change. Mr. Morse will work on revising the bulky fee schedule.
The Board discussed with Mr. Morse that Mr. White is the second in command and he needs to feel comfortable in knowing what he needs to do and to rotate the duties would make him more familiar with the workings and handling at the Transfer Station and to listen to his ideas.
On the other hand, Mr. White needs to understand that everybody does things differently which does not make doing it one way right or wrong. The Board suggested that at the end of each day they should talk about any issues and resolve them; the residents like both employees and they need to compliment each other and respect each other; Mr. White is in charge when Mr. Morse is out, that is the chain of command. Again, Selectman Donovan offered to meet to help bridge the gap.
Mr. White complained that he cannot pick from the “free” pile until the end of the day and that is a treat that is gone and is no longer what it use to be. Chairman McCarthy responded that to take from the pile before the end of the day would constitute stealing, the Board gave raises for they were due and just.
Mr. White brought up composting in that he helped bring this about and now it is not being done. The Board responded that the town does not compost. The Board decided to meet in another month to see if there are any changes.
Mr. Morse asked if the Board signed Mr. White’s “Paid Time Off” sheet. The Board then approved and signed Mr. White’s paid time off request.
On a final note, the Board stated that only brush from residents is allowed at the Transfer Station, no contractors unless it is from their own property. Selectman Donovan explained that if the employees are seeing the same contractor week after week with the same type of material such as a roofer bringing in shingles each week, then common sense would suggest that it cannot be coming from his property.
Mr. Morse added that he will do his best to work on communication with Mr. White and will work to delegate and rotate the chores.
5. Review new zoning variance criteria
Present were Rob Peterson of 21 Wenmarks Road.
Chairman McCarthy explained that she asked to have this item on the agenda in order to discuss the new criteria put in place by the Zoning Board of Appeals. Clarification is needed on what is the protocol for changing the variance criteria application, is the town allowed to have a more restrictive criteria and the difference between ordinances versus statutes. The day after the meeting Winglass received an email from Rob Peterson asking the question that in 2006, the campground was granted a variance for development in the Aquifer District and does this variance need to be readdressed with the “new” criteria.
Since Town Attorney Sumner Kalman has been involved with the “new” criteria, the Board directed Winglass to contact him for answers to these questions. The Board will review counsel’s response on July 20, 2009 and asked to invite Zoning Board Chairman Tom McElroy to the meeting.
- 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.
- Federal Flood Insurance is now available in the Town of Newton
- Low and Moderate Income Homeowners Property Tax Relief deadline to file is June 30, 2009
- HELP WANTED: Part-time Code Enforcement Officer
- Safety Training for town employees on Tuesday, June 30, 2009 at 6pm at the Town Hall to include Hazardous Communications, Personal Protective Equipment and Lock Out, Tag Out.
- Accept Minutes of Selectmen Meetings
- Selectmen’s Public Meeting minutes of April 20, 2009, May 4, 2009 and May 18, 2009
Chairman McCarthy motioned to accept the Selectmen’s Public Meeting minutes of April 20, 2009 as written. Second by Selectman Donovan. Vote: Unanimous.
Chairman McCarthy motioned to accept the Selectmen’s Public Meeting minutes of May 4, 2009 as written. Second by Selectman Thayer. Vote: Unanimous.
Chairman McCarthy motioned to accept the Selectmen’s Public Meeting minutes of May 18, 2009 as written. Second by Selectman Donovan. Vote: Unanimous.
- Selectmen’s Nonpublic Meeting minutes of April 20, 2009, May 4, 2009 and May 18, 2009
Chairman McCarthy motioned to accept the Selectmen’s Nonpublic Meeting minutes of April 20, 2009 as written. Second by Selectman Thayer. Vote: Unanimous.
Chairman McCarthy motioned to accept the Selectmen’s Nonpublic Meeting minutes of May 4, 2009 as written. Second by Selectman Donovan. Vote: Unanimous.
Chairman McCarthy motioned to accept the Selectmen’s Nonpublic Meeting minutes of May 18, 2009 as written. Second by Selectman Thayer. Vote: Unanimous.
- Reports from Department Heads
- Adjourn
Chairman McCarthy motioned to adjourn at 10:19pm. Second by Selectman Donovan. Vote: Unanimous.
Respectfully Submitted,
Mary B. Winglass, Office Manager
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