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April 5, 2010 Board of Selectmen Minutes
SELECTMEN’S PUBLIC MEETING

April 5, 2010

  • Call to Order
Chairman McCarthy called the meeting to order at 6:04pm.  In attendance were Chairman Trisha J. McCarthy, Selectman Raymond D. Thayer, Town Administrator Nancy J. Wrigley and Office Manager Mary B. Winglass.  The meeting was video taped; the minutes were transcribed and typed by Office Manager Winglass.

Selectman Robert S. Donovan, Jr. was not in attendance.

Chairman McCarthy motioned to go into Nonpublic Session under RSA 91-A:3 II (c) – Code Enforcement; (a) – Fire Department and (c) – Welfare Voucher and Transfer Station.  Second by Selectman Thayer.  Roll Call Vote: Chairman McCarthy – aye; Selectman Thayer – aye.  Vote: Unanimous.

Chairman McCarthy closed the nonpublic session at 7:10pm.  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 that the Board approved for three letters to go out to residents based upon lack of compliance with the town’s Resident Sticker Policy and the Board approved 2.5% merit raises across the Board for the Fire Department effective today, except for the probationary employees.

  • Introduction of Guests
  • Old Business
A.  Storm related damages and declaration for six counties in NH

Road Agent Mike Pivero informed the Board that he spoke with Mike Poirier at the State of NH Dept of Homeland Security and Emergency Management and at this point they have not yet assigned field representatives for an assessment of what will be covered or not covered in the declared disaster by the President for the incident period of February 23rd to March 3rd, 2010.  Pivero spoke on the tree damage from this event and the difficulty to quantify the amount due to the large diameter of the trees that came down.  Pivero suggested using the same policy of having residents to bring the brush to the curbside with a time frame to complete this activity.  With this clean up will require more machine time and not as much labor time as was used in the 2008 Ice Storm due to the size of the trees that came down, some with the entire root ball and stump.  Pivero talked about the cost factor for this cleanup for it is hard to quantify it for we do not know what will hit the curb but expects the bulk of it will be machine cleanup.  By the next Selectmen’s meeting we should have the information in order to discuss a schedule.
Pivero talked about the most recent flooding event which is not covered under the declaration.  Pivero stated that he has expended funds such as the repair to Currierville Road which we have no guarantee that we will receive any funding by the State.  Currierville Road is opened as of last Friday but it is just a temporary fix and there is still more that needs to be done.  The Board talked about funding for these repairs, if no funding comes from FEMA then we may need to look at petitioning the Department of Revenue or using the Capital Reserve Fund.  The Hazard Mitigation Grant Program can be looked at for those items that are not covered under the FEMA disaster relief.

Emergency Management Director Larry Foote spoke on the declaration in that it looks like assistance to individuals and households is not going to be included.  Foote is working on the PDA (Public Disaster Assistance) assessments from the three storms and he will know more once we attend the briefing meetings held by the State.

Foote asked for the Safety Meeting minutes when the generator for Town Hall was discussed; Town Administrator Wrigley will help obtain these records for Foote.

B.  Letter from Town of Kingston Re: Emergency Shelter

Emergency Management Director Larry Foote talked about the past recent storms when the shelter was open it was mostly run and supported by the Kingston and Newton Emergency Management.  Many other towns in the area used the shelter and they are looking to adopt a process whereby the costs of operating and manning the shelter are more fairly apportioned among the towns whose citizens use the facility.  

The Board discussed that they are hosting the next Area Selectmen’s Meeting on June 29th and to put this item on the agenda.

C.  Revised Job Description for the Fire Department Secretary

Present were Fire Chief Bill Ingalls and Fire Department Secretary Laura Bertogli

Fire Chief Bill Ingalls was present and discussed that the current job description for the Fire Department Secretary is quite antiquated therefore a new job description has been prepared and approved by the Town Administrator.  

Laura Bertogli, Secretary for the Fire Department was asked if she had any questions regarding the new job description.  Bertogli asked if she will be taking care of all the departments payroll or just part of the payroll.  A discussion ensued regarding duty #5 as outlined in the job description as follows “submits to the Chief for approval, monthly payroll for all call members per the town’s payroll policy (This will be at the discretion of the chief)”.

Chief Ingalls explained that the department is paid monthly for all call members, the Chief is paid bi-weekly for his administrative duties.  Bertogli added that she has only been doing part of the payroll for on call members only, not the officers.  EMD Larry Foote added that storm related payroll working under Emergency Management would be the only exception for he would handle the payroll for such an event.

After a discussion, it was decided to amend the job description #5 to remove “monthly” and for the remainder of the sentence to read “payroll for all members of the Fire Department”.

Selectman Thayer motioned to approve the Fire Department Secretary job description as amended.  Second by Chairman McCarthy.  Vote: Unanimous.

C.  Towing bill from Estabrook’s Garage

Police Chief Streeter stated that he spoke with Ralph Estabrook of Estabrook’s Garage and the towing bill is all set.

D.  Police Chief Streeter Re: Building Issues

Police Chief Lawrence Streeter handed out a packet of information to the Selectmen requesting a Special Town Meeting under RSA 40:13, Section VIII, 40:16 and 31:5-b for the reconsideration of Article 3 as presented to the Town Moderator during the Town’s First Session (Deliberative) of the Annual Town Meeting.  An administrative error happened between the First and Second Session of the 2010 Annual Town Meeting that contained a substantive text/wording error in Article 3 on the Official Town Ballot that created a “procedurally defective” confusing and misleading question.

Chief Streeter explained his reasoning for reconsideration is due to his presentation at the First Session of the Annual Town Meeting (Deliberative Session) to include his written amendment to reduce the dollar value of Article 3 to $742,000.   Article 3 as printed on the Official Town Ballot, line 4 and 5 states “to further authorize the issuance of not more than One Million, Two Hundred Sixty Eight Thousand Dollars”.  Line 6 in numeric format states ($742,000).  The number figure is the correct figure while the alphabetically spelled out number is incorrect.

The municipality under RSA 31:5-b specifically addresses and allows the governing body to call a special town meeting for the exclusive purpose of curing such defect.  Chief Streeter asked for this request to be considered by the full board of three members.  Chairman McCarthy replied that Streeter’s request makes sense and we can handle this at the next Selectmen Meeting on April 19, 2010.

E.  Cont review of rebate from New England Clothes Recycling

Town Administrator Nancy Wrigley outlined in a memo information that she obtained regarding a donation to the town from New England Clothes Recycling for it’s recycling of clothes in 2009.  The town received a check of approximately $550 as a donation to the town and Transfer Station Manager Kevin Jolicoeur requested for this donation to be given to the Newton Food Pantry as a way of giving back to the community.

Wrigley researched this matter and the town approved in 1995 a warrant article allowing the Selectmen under RSA 31:95-b to apply for, accept and expend unanticipated money from a State, Federal or other governmental unit or private source which becomes available during the fiscal year.  Therefore the town need only to post the notice of the funds in the agenda and shall include notice in the minutes of the meeting in which such money was discussed.  The acceptance of unanticipated moneys under RSA 31:95-b shall be made in public session of any regular board of selectmen meeting.   

The Board decided to accept this donated money to the Food Pantry at the April 19, 2010 Selectmen Meeting.

IV.     New Business
        1.  David Morgan of 7 Valley Drive Re: Application for license to sell                          Pistols/Revolvers

Present was resident David Morgan of 7 Valley Drive.

Mr. Morgan discussed how he owned and operated Daves Sporting Goods in Plaistow for 15 years which sold primarily guns and accessories.  He sold the business a year ago tomorrow and plans to continue his hobby with private sales to friends and family, some internet sales and trade shows.  On February 9, 2010 the Planning Board granted a Conditional Use Permit for a Home Based Business at 7 Valley Drive for David Morgan as a firearms dealership that expires on March 1, 2012.  Mr. Morgan talked about his contact with his five neighbors (abutters) during the Planning Board process; no abutters showed up at the public hearing with concerns.

Per Federal law requires the Selectmen to approve a State of New Hampshire Application for License to Sell Pistols/Revolvers.  Chairman McCarthy asked if there will be any retail sales area for the sale of firearms.  Mr. Morgan responded that he will have no displays in his home and no one coming to view sales, military firearms are his specialty.

Police Chief Streeter spoke on RSA 159:8 License to Sell allows the Selectmen to issue the license.  Streeter added that he appeared in front of the Planning Board in reference to Mr. Morgan’s application with opposition to his license as a matter of practicality for in his personal opinion this business should not be going on in a densely populated neighborhood.  Mr. Morgan responded that the NH Fish & Game is located within the same type of neighborhood and they sell firearms to their members.  Resident Bill Landry asked if the sale of ammunition is part of this license.  Mr. Morgan responded that it includes ammunition and accessories.   Resident Bill Ingalls stated that he is in support of Mr. Morgan’s license to sell pistols/revolvers.

Selectman Thayer motioned to grant David B. Morgan a License to Sell Pistols and Revolvers under a conditional use permit that expires March 1, 2012.  Second by Chairman McCarthy.  Vote: Unanimous.

        2.  Fire Department Re: Comstar Ambulance billing contract

The Board reviewed a memo from Town Administrator Nancy Wrigley requesting the Board take the Comstar Contract under advisement until after the scheduled meeting on Monday, April 12 at 11am at the Town Hall.  The meeting will allow questions surrounding the billing cycle, late fees or finance charges and terms of payment to be clarified.  Another issue is the Revolving Fund to include the set up of the account, direct deposits, a monthly report of Comstar’s billing, service charges and accounting for all revenues.  

        3.  Letter from the Yankee Clipper Council, Boy Scouts of America inviting the Board    to attend an Eagle Scout Court of Honor for Zachery A. Taylor

Chairman McCarthy read a letter she prepared for the Board to send to Zachery Taylor in recognition of his accomplishments of achieving the rank of Eagle Scout.  Both Chairman McCarthy and Selectman Thayer will attend Saturday’s Court of Honor for Zachery.  Office Manager Winglass will prepare a certificate of achievement.

        4.  Per RSA 31:95-b to accept and expend unanticipated funds in the amount of $150.00 from the Sanborn Regional School District Youth Basketball

Selectman Thayer motioned to accept and expend the donation of $150 to the Newton Food Pantry from the Sanborn Regional School District Youth Basketball.  Second by Chairman McCarthy.  Vote: Unanimous.

        5.  Appointment for Richard Fortin as a member of the Stewardship Committee

Chairman McCarthy motioned to appoint Richard Fortin to the Stewardship Committee with an expiration date of April 15, 2015.  Second by Selectman Thayer.   Vote: Unanimous.

        6.  Appointment for Mary Marshall as a member of the Cable Committee

Selectman Thayer motioned to appoint Mary Marshall to the Cable Committee with an expiration date of April 15, 2012.  Second by Chairman McCarthy.  Vote: Unanimous

Chairman McCarthy motioned to appoint Susan Godin to the Cable Committee with an expiration date of April 15, 2012.  Second by Selectman Thayer.  Vote: Unanimous.

        7.  Glacial Energy Commercial/Industrial Electricity

Selectman Thayer talked about attending the last Area Selectmen’s Meeting when they were informed that the Town of Atkinson is working with Glacial Energy Commercial/Industrial Electricity services, which in return gives them a cost savings on up to 20%.  Selectman Thayer stated that he would like to work directly on this project and took a copy of last months electric bills to forward to Glacial Energy for a quote on the savings based upon last months usage.

V.      Announcements
  • 2010 Census
Fill out your 2010 Census Form and mail it back today!  If you have any questions, please call the Selectmen’s Office.

  • Gale Library is the recipient of a grant under NH Energy Efficiency and Conservation Block Grant Program for Building Energy Efficiency
Kathy Meserve, Alternate member of the Gale Library Trustees spoke on the approval of the grant to the Gale Library for Building Energy Efficiency for insulation (weatherization) of the building.  The NH Energy Efficiency and Conservation Block Grant Program awarded 12 million dollars to the State of NH with 6 million going to small towns and cities in NH; out of 270 applications only 66 grants were awarded.   

Meserve talked about how they will be receiving soon an award letter and a contract from TRC.  TRC will oversee the implementation of the funded project and will also facilitate the ARRA reporting to OEP.  Some processes that must be followed for the acceptance of the grant which include holding a Public Hearing to accept/expend unanticipated money and must be done prior to signing the contract, no work is to be done on the project prior to an executed contract and a few other regulations as outlined in an email dated April 5, 2010.    

The Board congratulated Kathy Meserve and the Gale Library for their efforts to put this grant paperwork together with the final outcome as a win for the Gale Library.

  • Annual Fee Free Weekend – June 5th and 6th.  This year everything listed on the fee schedule will be accepted for free for Newton Residents Only.
  • Senator Judd Gregg Office Hours Announcement.  A member of Senator Gregg’s staff will be holding office hours at the Newton Town Hall on Thursday, April 15th from 2pm to 3pm and encourages residents who are having a problem with the federal government or an issue being address in Congress to stop by to speak with the staff member.   
VI.     Accept Minutes of Selectmen Meetings
  • Selectmen’s Public Meeting minutes of December 28, 2009, January 4, 2010, January 14, 2010, January 19, 2010 Public Hearing Bond Issue, January 19, 2010 Public Hearing on Budget and Warrant Articles, January 21, 2010, January 25, 2010 and February 1, 2010
Chairman McCarthy motioned to accept the Selectmen’s Public Meeting minutes of December 28, 2009 as written.  Second by Selectman Thayer.  Vote: Unanimous.

Chairman McCarthy motioned to accept the Selectmen’s Public Meeting minutes of January 4, 2010 as written.  Second by Selectman Thayer.  Vote: Unanimous.

Chairman McCarthy motioned to accept the Selectmen’s Public Meeting minutes of January 14, 2010 as written.  Second by Selectman Thayer.  Vote: Unanimous.

Selectman Thayer motioned to accept the Selectmen’s Public Hearing Bond Issue minutes of January 19, 2010 and the Public Hearing on Budget and Warrant Articles minutes on January 19, 2010 as written.   Second by Chairman McCarthy.  Vote: Unanimous.

Selectman Thayer motioned to accept the Selectmen’s Public Meeting minutes of January 21, 2010 as written.   Second by Chairman McCarthy.  Vote: Unanimous.

Chairman McCarthy motioned to accept the Selectmen’s Public Meeting minutes of January 25, 2010 as written.  Second by Selectman Thayer.  Vote: Unanimous.

Selectman Thayer motioned to accept the Selectmen’s Public Meeting minutes of February 1, 2010 as written.  Second by Chairman McCarthy.  Vote: Unanimous.

  • Selectmen’s Nonpublic Meeting minutes of December 28, 2009
Chairman McCarthy motioned to accept the Selectmen’s Nonpublic Meeting minutes of December 28, 2009 as written.  Second by Selectman Thayer.  Vote: Unanimous.

VII.     Reports from Department Heads
  • Letter from Town Administrator Nancy Wrigley to Merrimac Savings Bank Re: Donation of Flags
Chairman McCarthy read a letter from Town Administrator Wrigley to John Meserve, CEO/President of Merrimac Saving Bank thanking him on behalf of the Selectmen for the generous donation of flags.  Chairman McCarthy mentioned the Board’s appreciation for all that John Meserve has done for the town such as the flags, the Veteran’s Memorial and hosting the wine and cheese social each year for the Historical Society.  

VIII.   Other Business
  • Sign Vendor and Payroll Manifest, Requisitions, Abatement and Tax Credits
Space needs at the Central Fire Station

Present was John Owens, Deputy Fire Chief and Fire Chief Bill Ingalls.

Deputy Owens spoke about the serious space issues at the Central Fire Station.  When the diesel trucks start up everything is covered with soot.  All the supplies are located downstairs and are covered by the soot.  Due to the lack of office space there is no other place to store the supplies.  

Deputy Owens talked about the option of building an addition onto the Fire Station but that would be unwise.  Deputy Owens stated that he started looking at a trailer last year and then the Police Department acquired one to help with their space needs.  When looking at a trailer he figured a 10 x 36 would not meet the needs and would need a 10 x 44 but he is not sure where on the property it would go.  Deputy Owens talked about putting the trailer in the direction of the Peanut Trail but that area fills up with water.  Deputy Owens talked about placing the trailer parallel to the Fire Station (corner of the hot top versus on the grass) in order to bring the utilities closer and may be the most cost effective location. Owens plan is to have the office out in the trailer and for the equipment to be kept upstairs where it is sealed off so contaminates cannot get at them.

The Board reviewed a quote from Triumph Modular, Littleton, MA for a 10 x 36 office trailer for $200 per month; a 10 x 36 would be approximately $225 per month and the 10 x 44 is around $250 per month.   Deputy Owens talked about how great it would be to have the 10 x 44 for only an additional $50 per month.

Deputy Owens stated that he looked into a handicap ramp for the trailer and to rent one is more expensive than the trailer per month.  Owens will look into other options/quotes for the ramp.

Owens asked about the additional cost for the hookup of the electrical and phone service.  Wrigley thought the cost of the initial setup for the electrical and phone for the Police Department trailer was around $2,000.

It was discussed that this would be a solution to a problem that we have been dealing with for many years.  The trailer would be used for the Fire Chief and the two Deputies (three people).
The cost for this trailer boils down to at the maximum $250 per month with the initial set up of approximately $2,000 for electrical and phone service and the setup of the trailer at the site will cost approximately $1,850.  Owens discussed again that this lease would allow the department to move what is stored downstairs to be stored upstairs free of soot and contamination.  Fire Chief Ingalls stated that he would be able to pay the month lease of up to $250 per month out of his budget but not the set up cost or the cost of the electrical and phone service.

A discussion took place on paying the setup costs out of the General Government Buildings budget for it was thought but not certain that is where the initial setup for the Police Department trailer was paid from as approved last year.

Town Administrator Wrigley responded that the General Government Buildings budget was prepared for certain repairs and improvements to our town buildings such as the roof at the Gale Library which is leaking and this office trailer was not included in the budget.  Wrigley added that if the Police Department renovations pass at a Special Town Meeting then the Fire Department can use the Police Department trailer.

Deputy Owens added that this would be a 24 month lease contract and he is not sure if a 10 x 50 would fit on the property but would like to keep the option open, if possible.  Selectman Thayer stated that he feels we need to move forward with this option and not to put this off for Deputy Owens mentioned that they are moving into their busy time.  Selectman Thayer questioned if we need to go out to bid; McCarthy answered that it does not exceed $3,500 therefore we are fine and we could start the procedure with Deputy Owens moving forward.

Chairman McCarthy motioned to move forward with leasing from Triumph Modular an office trailer not to exceed a 10 x 50 at the area beside the Central Fire Station.  The initial setup cost of $1,850 is to be paid out of the General Government Buildings budget and the lease payment of up to $250 per month is to be paid out of the Fire Department budget.  This is for a term with a 24-month minimum.   Second by Selectman Thayer.  Discussion:  McCarthy added that we need to consider the estimated cost of $2,000 for the electrical and phone service and asked for Owens to work on the cost for the installation.  Vote: Unanimous.

  • Deputy Fire Chief John Owens then presented to the Selectmen a requisition for the purchase of a replacement refrigerator for the Central Fire Station at a cost of $1,200.  This item was not budgeted for this year and asked for the purchase to be funded from the General Government Buildings budget, if possible.  The Board discussed that this request needs some further research for pricing; Chairman McCarthy will look into another price for this purchase.
  • Fire Chief Bill Ingalls informed the Board that currently the fire danger is high and there is no burn permits being issued at this time.
  • Town Administrator Nancy Wrigley asked Chief Ingalls about a request from Coleman McDonough to hold a Revitalization Meeting at the Town Hall for he has about 50 to 60 attendees.  The Town Hall has a limit of 49 people in the upper hall per the State Fire Marshal’s Office.  Chief Ingalls replied that McDonough would need to pay for a fire watch, which would be a four hour minimum at the rate of a police detail.
The Board approved and signed the vendor manifest dated April 5, 2010 for a total of $53,223.20.  

IX.    Adjourn

Chairman McCarthy motioned to adjourn at 10:04pm.  (The clock in the hall was incorrect due to daylight savings; the correct time was 9:04pm)   Second by Selectman Thayer.  Vote: Unanimous.

                                                        Respectfully Submitted,


                                                        Mary B. Winglass, Office Manager