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March 15, 2010 Board of Selectmen Minutes
SELECTMEN’S PUBLIC MEETING

March 15, 2010


  • Call to Order
Chairman McCarthy called the meeting to order at 6:03pm.  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.  The meeting was audio and video taped; minutes were transcribed and typed by Office Manager Winglass.

Chairman McCarthy motioned to go into Nonpublic Session RSA 91-A:3 II (c) – Code Enforcement.  Second by Selectman Donovan.  Roll Call Vote: Chairman McCarthy - aye, Selectman Thayer – aye, Selectman Donovan – aye.  Vote: Unanimous.

Chairman McCarthy motioned to close the nonpublic session at 6:35pm.  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 a response to 4 Pheasant Crossing Road and to invite the Code Enforcement Officer to a nonpublic meeting on April 5, 2010.

  • Selectmen’s Reorganization Meeting
Chairman McCarthy started the discussion by thanking everyone that came out to vote on March 9th and for those that ran for office.  McCarthy added that there were a couple of things that happened during the election and asked to start on a clean slate and asked the other two Selectmen to put things out on the table, anything that needs to be discussed since we have had some issues.  McCarthy stated that this is an attempt to put it out there and to start clean because we can work well together if we put our minds to it.  

Selectman Thayer answered by stating that he has no problems.  Selectman Donovan responded that he will be professional at every Selectmen’s meeting.  Chairman McCarthy added that we all bring different things to the table but when we pool our hands together, even though we may have different opinions, we work well together; conflicts can create creativity.  Chairman McCarthy added that she appreciates what Selectmen Donovan brings to the table and hopes to get along with him.  

Chairman McCarthy asked to move on to the reorganization part of this meeting when the Selectmen decide on who will be the Chairman for the Board of Selectmen and whom will be liaison or ex-officio for each town department, committee or commission.  Chairman McCarthy questioned the Town Administrator on the reason for having a liaison for the towns committees, commissions and departments for her understanding is to allow continuity between meetings and as a way to keep the Selectmen informed as to what is happening in town.  By state statute, the Planning Board is the only board that has a Selectman as an ex-officio member, the Selectmen or an administrative official fills the seat as a voting member.  In the past, a Selectman is voted to be the liaison for the other town departments, committees and commissions.  Chairman McCarthy questioned if having a liaison for all departments “muddy’s the water” by making it confusing and asked to discuss this option before making any decisions tonight.

Selectman Thayer replied that he feels it is important to have a liaison for town departments especially when sometimes the Selectman helps to create a quorum.  

Selectman Donovan responded that the liaison is a go to person for that department and as long as other Selectmen do not get involved then the liaison position works well; he feels that every department should have a liaison.

Chairman McCarthy discussed that her interpretation is that of a “go to person” for she feels that each board, commission or committee should continue on and function even though they have not heard from their liaison.  Chairman McCarthy added that she feels that the liaison position is to bring back pertinent information to the Selectmen that the Board should know about such as a new subdivision etc.  Selectman Donovan responded that if the road agent needs to run something past the Selectmen then he would contact one person.  

Chairman McCarthy added that based upon the comments is seems obvious that the Board wants to continue with the position of liaison for all the departments, commission and committees and we need to make sure we are attending the meetings for that has not been happening.  Selectman Donovan replied that we never said that the liaison would have to participate in the meetings.

Chairman McCarthy questioned why we do not have a liaison to the Zoning Board of Adjustments.  Town Administrator Wrigley replied that the ZBA has only five members and there are no open positions on the board so there is no room for a liaison.  Chairman McCarthy questioned why we do not have a liaison for the library.  Town Administrator Wrigley replied that there never has been one and as far as she knows there is no need for one as they are their own entity.

Chairman McCarthy asked to re-address the appointment of a Selectman as the ex-officio position to the Planning Board.  This position is a voting member and because of the importance of having a Selectman at each meeting, would it make sense to appoint one person as the ex-officio with two alternates which would hopefully cover each meeting by having a Selectman present.  Selectman Thayer and Selectman Donovan did not have a problem with having two alternates.

Selectman Donovan added that another option is instead of having a Selectman liaison we could appoint a member of the department, committee or commission to come to the Board of Selectmen with any issues.  Chairman McCarthy talked about having monthly or quarterly department head meetings as a way to stay informed of what is going on in town.

The Board decided to hold a department head meeting to discuss the best way to keep the communication flowing between departments.  The Board scheduled a department head meeting on March 29th starting at 7pm.  

Chairman, Board of Selectmen

Chairman McCarthy announced that typically the Board votes on the Chairman for the ensuing year which is usually the most senior person who this year is Raymond Thayer.  Selectman Thayer replied that if nominated then he will accept the position if not then he would accept that too.

Selectman Donovan motioned to vote on the Chairman’s position.  Chairman McCarthy asked Selectman Donovan if he was going to nominate…  Selectman Donovan asked to go last.  Chairman McCarthy replied that as Chairperson she gets to go last.   Chairman McCarthy asked Selectman Thayer if he wants to take the position as the most senior person.  Selectman Thayer replied “yes, I do”.  Office Manager questioned the motion; Chairman McCarthy replied that Selectman Thayer made a motion for himself.  Discussion: Resident Mark Stolberg asked to speak and started by stating that the nomination of this position speaks as much as the nominee.  Stolberg asked to speak on the person who is being nominated for he has had a long history with Selectman Ray Thayer.  Stolberg added that per the minutes his attendance has been sparce; his ability as Tax Collector showed that he is not capable of handling finances or the position; an $18,000 tax lien was placed upon Stolberg’s property erroneously; articles that he has read states that Thayer said that he cannot handle money for the past couple of years due to personal issues with prescription drugs; in 2002 Thayer pleaded guilty and sentenced to 90 days in the Rockingham County House of Corrections for driving under the influence which was suspended one year for good behavior and fined; therefore this goes much farther than in the most recent years.  Stolberg added that it is his opinion that Selectman Thayer does not hold the ability to handle the senior position for the Board of Selectmen and this has to do with the facts as stated above; the Selectmen are the fiscal agents of the town and to nominate Thayer for this position shows a reflection on the nominators.  

Chairman McCarthy stated that she feels we should table this until next week.   Selectman Donovan asked why we need to table it.  Selectman Thayer also asked why.  Chairman McCarthy replied in order for us to take some time to think about it.  

Selectman Donovan then voted himself as Chairman.  

Chairman McCarthy asked to table this until March 29th.  Second by Selectman Thayer.  Vote: Chairman McCarthy and Selectman Thayer – aye; Selectman Donovan – objective aye.  Motion passed.

After the Board met with Road Agent Mike Pivero, Selectman Donovan questioned why we are postponing the reorganization.   Chairman McCarthy replied that she made a motion to postpone it because she wants to re-evaluate the situation.  

Mark Stolberg asked if the reorganization will be discussed again tonight.  Chairman McCarthy replied “no” not until March 29th.

  • Introduction of Guests
  • Old Business
A.  Request by the Boy Scouts to hold a Camporee at the Busch Farm

May 14th – May 16th, the Lone Tree District, Yankee Clipper Council of the Boy Scouts of America asked to use the Busch Conservation Property to hold a “Camporee”, a weekend camping event involving several troops to include Troop 91 of Newton who would be serving as the host troop.  The Board asked for the Conservation Commission to recommend or not recommend this event as it is on Conservation land.  On February 18, 2010, the Conservation Commission unanimously approved this event to take place as long as all proper permits are in place.

Selectman Donovan motioned to allow the Boy Scouts of America the use of the Busch Farm Conservation property for the Camporee on May 14th – May 16th.  Second by Chairman McCarthy.  Vote: Unanimous.

B.  Revised Job Description for the Fire Department Secretary

Chairman McCarthy stated that Fire Chief Bill Ingalls has been working on this for quite some time for the old job description was outdated.  Selectman Donovan suggested that the Board sit down with whom is doing the job now to see what that person thinks of the job description.  TA, Wrigley replied that her recollection is that the Fire Chief already sat down and reviewed it with the Secretary.  The Board asked for the Fire Chief and Secretary to both come in to the April 5th Selectmen’s meeting to review the revised job description.

C.  Memo from the Planning Board Re: Trails Committee Mission Statement and    Objectives

Members of the Planning Board and Conservation Commission have expressed interest in being on the trails committee and the Selectmen asked for a mission statement and tasks from each committee.  The Board reviewed a memo from the Planning Board outlining their response to include a statement and a list of seven tasks.  There are six members of the Planning Board that would like to be on the committee.  

The Board asked for the office staff to get information on the legal way to create this committee.  The proposed trails committee came out of the PlanNH event to help map out areas of open space and to create a plan and strategy for a multi-purpose trail system.

Selectman Donovan discussed the need for the members of the trail committee to have a background check for they may be dealing with the public.  The Board decided to discuss this again at the April 5th meeting and in the meantime to put out to the public the option of joining the trail committee.

D.  Memo from the Conservation Commission Re: Trails Committee

The Board reviewed a memo from the Conservation Commission stating that they reviewed the mission statement drafted by the Planning Board and they have four Conservation Commission members that want to be on the trails committee.    

E.  Towing bill from Estabrook’s Garage

Selectman Donovan stated that he did not have a chance to contact the Police Chief regarding the town’s towing contract.  The Board will revisit this item on April 5, 2010.

IV.     New Business
        1.  Letter from the New England Clothes Recycling Re: Town Rebate

Town Administrator Wrigley informed the Board that she is still working on this item by checking with the auditors on ways to handle the funds from this rebate.  One thought from our Transfer Station Manager is to donate the money to the food pantry for it is the townspeople that are recycling their clothing to those in need and the money should be used for the same purpose.  TA, Wrigley will continue to research this option.  The Board will discuss this item again at the April 5th meeting.

        2.  Per RSA 31:95-b to accept and expend unanticipated funds in the amount of $23.00 to the Newton Food Pantry; $10 Cash donation and $13 from the Sanborn Regional Middle School

Chairman McCarthy motioned to accept the $10 cash donation to the Newton Food Pantry from the Sanborn Regional Middle School as a result of the Thanksgiving fundraiser from the National Jr. Honor Society.  Second by Selectman Thayer.  Vote: Unanimous.

Chairman McCarthy motioned to accept a $10 cash donation from the Merrimac Savings Bank to the Newton Food Pantry.  Second by Selectman Thayer.  Vote: Unanimous.

V.      Announcements
  • March is Youth Art Month “With My Own Two Hands” art at the Newton Town Hall
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
  • Selectmen’s Nonpublic Meeting minutes of December 28, 2009
The Board needs to review their attendance at the meetings; therefore no minutes were accepted.  

VII.     Reports from Department Heads
VIII.   Other Business
  • Sign Vendor and Payroll Manifest, Requisitions, Abatement and Tax Credits
The vendor and payroll manifest were not available tonight due to a family emergency.  The Board will review both manifests at their meeting on March 29th.

  • Planning For The Future Of Southern New Hampshire visioning sessions held by the Rockingham Economic Development Corporation
The Board reviewed two strategic programs offered by the Rockingham Economic Development Corporation for planning for the future of Southern New Hampshire, a comprehensive economic development strategy.  Chairman McCarthy, Town Administrator Nancy Wrigley and Office Manager Mary Winglass were all interested in attending.

  • NH Recreation and Park Association.  The Board read a memo from the Recreation Commission asking the Selectmen permission to join the association at a cost of $50 for one a year membership.  The Recreation Commission had no quorum at their meeting therefore they are coming to the Board of Selectmen to approve expenditures.
Selectman Donovan motioned to approve the $50 expenditure to join the NH Recreation and Park Association.  Second by Selectman Thayer.  Vote: Unanimous.

  • Letter from Treasurer Deidre Castle.  The Board reviewed a letter asking to appoint Mary M. Davis-Bouras as Deputy Treasurer for the term of March 15, 2010 to April 15, 2011.  
Chairman McCarthy motioned to appoint Mary M. Davis-Bouras as Deputy Treasurer for the term of March 15, 2010 to April 15, 2011.  Second by Selectman Donovan.  Vote: Unanimous.

  • U.S. Census questionnaires are delivered from March 15th – 17th.  It is important that everyone complete the forms for it helps town’s receive their fair share of federal funding such as health care, education and roads.
  • Letters to Merrimac Savings Bank, BankNorth and River Bank.  The Board signed letters to the three banks listed above informing them of the town’s newly elected Treasurer Deidre Castle and Deputy Treasurer Mary Davis-Bouras; Brenda Fiers and Nancy Wrigley are to be removed as signers on all the town accounts.
Selectman Thayer motioned to sign the letter to Merrimac Savings Bank.  Second by Chairman  McCarthy.  Vote: Unanimous

Selectman Donovan motioned to sign the letter to Bank North.  Second by Chairman McCarthy.  Vote: Unanimous.

Chairman McCarthy motioned to send this letter of notification to River Bank.  Second by Selectman Thayer.  Vote: Unanimous.

  • Resident Sticker Policy and Recycling Policy.  The Board decided to have Town Counsel review the Resident Sticker Policy and the Recycling Policy due to the new requirement that resident stickers must be applied to the windshield.  The Board will review this item again on March 29th       
  • Plan NH this Sunday at 1:30pm at the Town Hall.  The presentation will show the recommendations from the September planning sessions.  The public is encouraged to attend.   
  • Information/documentation before each Selectmen’s Meeting.  Selectman Thayer asked for a folder to be set up in the Selectmen’s Office to view agenda documentation.
February, 2010 Wind Storm – Debris Removal Activity

Road Agent Mike Pivero was present to discuss the March 15th letter to the Board of Selectmen from NH Homeland Security and Emergency Management (HSEM).  The Federal Emergency Management Agency (FEMA) has been conducting an initial assessment statewide to assist in determining State eligibility for a major disaster declaration.  FEMA is working to understand the requirements for reimbursement of debris disposal and the intent of the towns and cities.  

Basically the State wants to know the intent of the town to provide curbside pickup of eligible debris, if funding becomes available to the town.  The Board discussed that at this point we do not know if FEMA is going to give the town any funding for debris cleanup but if funding becomes available, the town will be providing curbside pickup.  Chairman McCarthy signed the form from the State.

Road Agent Mike Pivero gave the Selectmen an update on the recent flooding situation.  Pivero stated that there are conditions in town where roads have been closed and won’t get back to repair the damage until the water recedes.  Smith Corner Road and Kenwood Drive is flowing to capacity and is maxed out.  Kenwood is not a good situation for Smith Corner is closed and if he closes Kenwood then it isolates that part of town.  Pivero talked about other areas in town such as the Country Pond area that has not crested yet and Ridge Road is now taking on water.  Pivero added that he wants to make the Selectmen aware of the current situation and that we will still see some continued flooding for some time in the Country Pond area.  Pivero added that the situation is not good and he will continue to monitor it over night and tomorrow and hopes that it recedes quickly.

IX.    Adjourn

Chairman McCarthy motioned to adjourn at 7:50pm.  Second by Selectman Thayer.  Vote: Unanimous.

                                                        Respectfully Submitted,


                                                        Mary B. Winglass, Office Manager