Office of the Board of Selectmen
2 Town Hall Road, Newton, NH 03858
Tel: 382-4405 ext. 10 * Fax 382-9140
NEWTON BOARD OF SELECTMEN
DATE: TUESDAY, AUGUST 16, 2011
TIME: 5:30PM
LOCATION: NEWTON TOWN HALL, 2 TOWN HALL ROAD
PUBLIC MEETING
- Call to Order, Roll Call Vote
Chairman Foote opened the public meeting at 5:45pm. In attendance were Chairman Lawrence B. Foote, Selectman Trisha J. McCarthy, Town Administrator Nancy J. Wrigley and Office Manager Mary B. Winglass. Selectman Raymond D. Thayer was absent due to illness.
Chairman Foote led those in attendance in the Pledge of Allegiance
- Introduction of Guests
- Approval of Minutes (Review prior to meeting)
- Selectmen’s Public Meeting minutes dated June 28, 2011, July 5, 2011, July 12, 2011, July 19, 2011 and August 3, 2011
Chairman Foote motioned to approve the Selectmen’s Public Meeting minutes dated June 28, 2011, July 5, 2011, July 12, 2011, July 19, 2011 and August 3, 2011. Second by Selectman McCarthy. Vote: Unanimous.
- Selectmen’s Nonpublic Meeting minutes dated June 28, 2011, July 12, 2011, July 19, 2011 and August 3, 2011
Selectman McCarthy motioned to accept the Selectmen’s Nonpublic Meeting minutes dated June 28, 2011, July 12, 2011, July 19, 2011 and August 3, 2011. Second by Chairman Foote. Vote: Unanimous.
- Open bids for “Replacement Windows at the Gale Library”
Chairman Foote read the Invitation to Bid and specifications for this project.
The Board opened bids from the following companies;
- ATB Construction, Kittery Point ME for a total of $6,541.00 and $75.00 for replacing rotted sills.
- D. Nicholson Construction Services Co., Hampton NH submitted two options for consideration;
- Option 1 for a price of $8,350
- Option 2 for a price of $11,370
Also listed is a Labor rate of $65.00 a man hour for replacing any damaged sills and/or damaged wood trim around windows in said proposal.
- American Dream Builders, Inc for a total of $5,675 with the option to install new brake metal to exterior casing to cover holes from storms and shortness at stops $60.00 each window for an additional $960.
- Hannasmith Contracting LLC, East Hampstead NH for a total of $9,460. Alternate work on any of the trims or sills that need to be replaced will be $2.80 per linear foot and includes paint, labor and material.
- Newton Glass and Garage Door, Newton NH for a price of $7,040. Additional at no cost for two pieces of window trim per his inspection. Window sills did not see any damage or rot but could not inspect windows with AC.
- Essex Window, Lawrence MA for a price of $6,160 with options to include EPA lead guide lines at a cost of $2,000; window wraps at a cost of $960; grid flats at a cost of $640; replace sills at a cost of $1,440; high performance glass package at a cost of $560; trash removal at a cost of $80; with a grand total to include all options at $11,840.00.
- A Touch of Glass, Boston, MA for a total price of $9,381.
- Lowes of Bedford, NH bid two options as follows;
- Option 1 – Pella Windows at $4,769.68
- Option 2 – Reliabilt at $4,804.95
Both options have a labor cost of $2,516.40
The Board asked for the bids to be copied to the Chief Building Official Ron LeMere and the Gale Library Trustees. Gale Library Trustee Kathy Meserve informed the Board that they currently have a total of $8,340.74 in a separate Reserve Account for this building upgrade. The Board will review this item again on August 30th.
- Open bids for “Demolition and removal of an abandoned home and detached structures”
Chairman Foote read the specifications and letter sent to contractors for the demolition and removal of an abandoned home and detached structures.
The Board received three bids: Kidder Building and Wrecking, Inc., Eastern Seaboard Concrete Construction Co. Inc. and Gibbs Construction. The bid from Gibbs Construction was dropped off at the Selectmen’s Office on August 15th at 4:14pm. The letter to contractors stated that sealed bids must be submitted to the Selectmen’s Office no later than 4pm on Monday, August 15th; therefore the bid from Gibbs Construction was not opened for it will not be considered due to it being dropped off late.
Chairman Foote read the bid from Kidder Building & Wrecking, Inc. of Plaistow, NH for a total of $14,775.
Selectman McCarthy read the bid from Eastern Seaboard Concrete Construction of Newton, NH for a total of $6,800.
The Board asked to pass along a copy of the bids to the Chief Building Official Ron LeMere and let him know we need a recommendation as soon as possible.
- Letter from Trevor Langlois Re: Town Clean-up
12 year old Trevor Langlois explained that he is black belt student at Ocacio’s True Martial Arts in Plaistow, NH. As a member of the CIT (Certified Instructors Training) class, one of his requirements is to set up a community service event. Trevor would like to hold a town clean-up for he has been noticing a lot of trash on the side of the roads. Right now Trevor has a total of five kids plus his brother and he plans on holding this event after Labor Day weekend. There may be other kids that are part of the CIT class.
Selectman McCarthy asked Trevor to let the Selectmen’s Office know when they finalize on a date. Town Administrator Wrigley added that her thought is to allow the kids to use town vests to wear when cleaning the side of the road and to inform the Police Department of their location during this event. Another option available is to use the “blue” trash bags the town has left over from a past roadside cleanup event.
Police Chief Streeter suggested each group of kid have a car with them and have the car equipped with emergency flashers, all kids are to wear vests and they are to stay on one side of the road. Streeter added that the last item is to call the PD to make sure we know where they are.
Office Manager Winglass added that the town has no authority to grant this type of event on a State road therefore if they plan on working on a State Road then they must receive permission from the State Department of Transportation.
Trevor and his group will prepare a list of roads and will send it over to the Selectmen’s Office.
- Police Chief Re: Full Time Police Appointment
Police Chief Streeter thanked the Board for their understanding and support of the current staffing situation at the Police Department.
Streeter then introduced Sabato LoRusso who currently works for the department part time and will start working full time to fill in the position of Accreditation Manager which was vacated by Rebecca Bergeron earlier this year as well as the department has been working short staffed for a Newton Officer was called to active duty. Chairman McCarthy added that we lost two and has gained one and that is our current situation at the Police Department.
Office Manager Winglass asked to clarify the effective date and the Grade and Step for this was not clear when the Board approved this position on August 3, 2011.
Selectman McCarthy motioned for Sabato LoRusso effective date August 28th at Grade XVII, step 7. Second by Chairman Foote. Vote: Unanimous.
- Transfer Station Re: Fine schedule, Cardboard and Paper Recycling
Transfer Station Kevin Jolicoeur first discussed the cardboard and paper recycling. Basically the town is not being charged for cardboard and paper recycling other than the man-hours. Jolicoeur feels that we are losing a tremendous amount of money by not allowing Kingston, East Kingston and South Hampton to recycle these products. Jolicoeur also feels that businesses should be able to recycling for it helps us out and allows them the option to recycle. Selectman McCarthy asked if there have been any problems with the new company that handles the cardboard and paper recycling. Jolicoeur responded that he has not had any problems and we no longer need to break down the cardboard boxes.
Jolicoeur will revise the fee schedule to include cardboard and paper recycling at no cost to the residents of East Kingston, Kingston and South Hampton.
Chairman Foote motioned to have the Transfer Station contact Kingston, East Kingston and South Hampton and Newton Businesses to see if they are willing to bring their cardboard and paper to our recycling center so the Transfer Station can ascertain more funds to run the Transfer Station. Selectman McCarthy amended the motion to say that you do not have to contact them but have the town contact them. Second by Selectman McCarthy. Vote: Unanimous.
Fine Schedule
Chairman Foote explained that the Transfer Station would like to institute a fine schedule based upon the new Transfer Station Ordinance. The violations run from inappropriate access, inappropriate disposal, disposal when closed, disposal of unacceptable materials, littering, failure to stop at stop sign, smoking on the premises and parking incorrectly. The Board asked for Police Chief Streeter to be part of this discussion for the Board felt that some of the violations should fall under the police authority. Streeter responded that the Transfer Station employees fall very low on the food chain and it is a hard job.
The options are to have an ordinance fine schedule with a minimum fine and be done with it or if a more flagrant violation then contact the Police Department. The fines will cost more if we go to court and the resident will have to miss a day’s work. Streeter added that you need to weight the violations and enforcement against whether you are going to require a hardship requiring the resident to take a day out of work to go to court.
Jolicoeur then explained that the fine schedule is for extreme cases; once they have spoken with the individual many times and per the ordinance they would have received a letter from the Board of Selectmen. Jolicoeur added that the violations usually cease after they receive a letter from the Selectmen.
Selectman McCarthy addressed the importance to make sure the area for smoking is designated as such and out of sight for if a resident is told that he cannot smoke while on the property and then they see an employee smoking in the “designated area” they do not understand the rules. Jolicoeur responded that he would take care of the smoking issue and further discussed that most residents will listen and others that need the Selectmen to get involved. The last group needs more and this fine schedule is for the last group. Chairman Foote added that for the last group he would recommend for the resident to be banned from the Transfer Station.
Town Administrator Wrigley added that the fine schedule has to go before the voters. Chief Streeter stated that what we might want to do is quantify that with other town ordinances such as the Recreation Areas Ordinance, Parking at Town Hall which would be an easy mechanism for handling violations.
Town Administrator Wrigley will work with Chief Streeter and Transfer Station Manager Jolicoeur and will come back with a recommendation for the Board.
- Transfer Station Re: Senior Discount
Chairman Foote read a memo from Transfer Station Manager Jolicoeur requesting to discuss the option of offering a Senior Discount program (65+ years of age) to Newton Residents disposing of items that are listed in the fee schedule. An option for consideration may be ½ off the fee schedule amounts and to offer it once per month (first Tuesday of every month). Resident would have to bring a photo ID to prove age and residency.
Chairman Foote motioned to accept the Transfer Station Discount for Seniors 65 + half off of any disposal items that is listed at the Transfer Station and on the website with an example such as mattress, furniture, tires , building material, televisions, air conditioners, refrigerators and freezers on the first Tuesday of every month. Second by Selectman McCarthy. Vote: Unanimous.
- Road Agent Re: Paving quotes
Chairman Foote read the summary sheet showing the paving bid results for 2011 as follows;
Brox at $1.70 sy and $70.45/ton
Benevento at $2.00 sy and $72.00/ton
Continental at $1.75 sy and $73.00/ton
Bell & Flynn at $2.00 sy and $76.78/ton
Fitzgerald at $1.62 sy and $0/ton
Low Bidders recommended by the Road Agent is Brox for paving at $70.45/ton and Fitzgerald for reclamation at $1.62 sy. Work to be done is approx 3100 sy on Smith Corner Road and approx 2000 sy on Crane Crossing Road.
Chairman Foote motioned to accept Brox Paving at $70.45/ton for approximately 5100 sy and Fitgerald reclamation at $1.62 sy for approx 5100 sy. Second by Selectman McCarthy. Paid from the 2010 Block Grant Funding Account. Vote: Unanimous.
- Cable Committee Re: Revised Cable Television Renewal Franchise
Cable Committee Chairperson Diane Morin discussed the process involving the Cable Television Renewal Franchise since the last time the Committee met with the Selectmen. The Selectmen agreed at our last meeting to have an Attorney look at the proposed franchise renewal and the Committee used a specialist in this region, Attorney Peter Epstein from Boston. Attorney Epstein responded with many revisions. Diane outlined the majority of the changes to include grammar and case sensitive changes, he expanded on definitions and introduced new definitions, areas served were defined in more depth, FCC rules were included and the franchise fee is to be paid to the town quarterly versus yearly.
Selectman McCarthy asked to include in Section 4 – Tree Trimming should specify that Conservation Commission must be contacted for all scenic roads, which should all be listed, unless there is an emergency. The town’s regulations need to be referenced in this chapter. Office Manager Winglass will contact the Attorney to update the franchise agreement.
Office Manager and Cable Committee Member Mary Winglass explained that when reviewing the proposed changes, some of the items were technical in nature and referenced the FCC ruling. Without the Committee having a complete understanding of the rulings, we agreed to some of the proposed changes as recommended by the Attorney
Chairman Foote asked about the next steps in this process. Morin explained that we sent a copy to Comcast and once we hear back then we will start the negotiations. In the meantime, the Board of Selectmen needs to set a date to hold a Public Hearing on the proposed renewal franchise with Comcast.
The Board moved forward and set the date of the Public Hearing on Tuesday, September 6th at 7pm. Selectman McCarthy will not be able to attend the Public Hearing on September 6th.
- Cable Committee recommends the Appointment of Donna Judge
Chairman Foote motioned to appoint Donna T. Judge as a member of the NCAT-20 Cable Committee with an expiration date of April 15, 2014. Second by Selectman McCarthy. Vote: Unanimous.
- Cable Committee Re: Resignation of Member/Cable Operator Susan Godin
Cable Committee Chairperson Diane Morin thanked Sue on behalf of the Cable Committee for her dedication and service.
Selectman McCarthy regretfully accepted Susan Godin’s resignation from the Cable Committee and as a Cable Operator. Second by Chairman Foote. Vote: Unanimous.
- Cable Committee Re: Newton NH Cable USB Policy
Chairman Foote read the draft Cable USB Policy . Diane explained the reason for the policy; Selectman McCarthy did not like the idea of someone returning the USB to the town for it could contain a virus. Diane Morin, Cable Committee Chair explained that the device would be scanned right away. McCarthy agreed as long as the wording is reflected in the policy.
Town Administrator Wrigley had a problem with the money coming in and going out; Office Manager would hold the check for the seven days until the USB was returned if not then it would be deposited.
Selectman McCarthy did not like the policy, money in and money out and the USB in and out leaves it open for problems. After a discussion it was decided that the Cable Committee would continue to review this policy.
- Status of Road Bond for Puzzle Lane
The status has not changed on the road bond for Puzzle Lane for we are still waiting for the documentation. It was discussed that the holes were patched on Puzzle Lane last Tuesday.
- Mosaic Parcel Map Project
Town Administrator informed the Board that this is an informational project due to the 2008 Ice Storm. Over the past 15 months the DRA and UNH Technology Transfer Center collaborated on this project. The project is to build and annually maintain a statewide GIS layer that contains each municipality parcel data. This will be on ongoing item that will be updated each year.
- Recreation Commission recommends the Appointment of Heather Bowory
Selectman McCarthy motioned to appoint Heather Bowory as a member of the Recreation Commission with an expiration date of April 15, 2013. Second by Chairman Foote. Vote: Unanimous.
- Per RSA 31:95-b to accept and expend a donation of $24.70 to the Food Pantry from the Newton Learning Center
Chairman Foote motioned per RSA 31:95-b to accept and expend a donation of $24.70 to the Food Pantry from the Newton Learning Center. Second by Selectman McCarthy. Vote: Unanimous.
- Availability to attend the Next Regional Selectmen’s Meeting tentatively scheduled for Thursday, September 15th in Plaistow
Selectman McCarthy stated that she will be able to attend the Regional Selectmen’s Meeting on Thursday, September 15th with Chairman Foote.
- Review bid recommendation from Fire Chief for the refurbishment of Engine 2
The Board reviewed a memo from the Fire Chief with his recommendation to award the bid to Greenwood Fire Apparatus with options for a total of $93,752.00. Fire Chief Bill Ingalls was present and talked about how the seatbelts were removed from the bid but that he added option 2 (radiator), option 3 (Pump discharge manifold), option 5 (Cab Scene Light) and Option 7 (Ground).
Chairman Foote motioned to accept the bid from Greenwood Fire Apparatus for the refurbishment of Engine 2 not to exceed $109,752. Paid out of the Capital Reserve Fund. Second by Selectman McCarthy. Vote: Unanimous.
- Fire Department Re: Post probationary employee
The Board reviewed a memo from Fire Chief Bill Ingalls informing the Board of the Fire Officer’s vote at their May 2, 2011 meeting to upgrade Erin White from probationary to permanent status. White is to move from Grade X, step 2 to Grade XV, step 1.
Chairman Foote motioned with an effective date of May 2, 2011 to move Erin White from probationary to permanent at Grade XV, step 1. Second by Selectman McCarthy. Vote: Unanimous.
- Announcements
- Other Business, Sign Manifests, Requisitions, Abatements, Tax Credits, Correspondence and Appointments
- The Board reviewed an invitation from Senator Kelly Ayotte to an open house on Wednesday, August 17th.
- Chairman Foote read the draft Invitation to Bid for Solid Waste Bid.
- Selectman McCarthy motioned to sign a Welfare Voucher for $850. Second by Chairman Foote. Vote: Unanimous.
- Chairman Foote motioned to sign a Welfare Voucher for $600. Second by Selectman McCarthy. Vote: Unanimous.
- The Board reviewed a requisition to replace the compressor at Station II. Fire Chief Ingalls stated that the compressor keeps the air in the air system in the trucks.
Chairman Foote motioned to accept the requisition for the replacement of the Fire Department compressor in the amount $2,155.00 at Station II. Second by Selectman McCarthy. Vote: Unanimous.
The Board signed a cover sheet is the total $24,640 for a Land Use Change Tax Warrant for Map 008-03-11-29 to 11-39.
- Chairman Foote read a memo from the Conservation Commission stating that the Conservation Commission conducted a site walk on August 8, 2011 to observe the vegetation on the premise. The Conservation was disappointed of the site walk at Coleman McDonough’s construction site located on Puzzle Lane. Selectman McCarthy talked how the vegetation relates to the $11,000 bond that expired. This is an ongoing process and this memo is a way to keep the departments informed of their findings.
The Board signed the following abatement recommendations;
Abatement granted for Map 001-03-001 for $829.01
Abatement granted for Map 002-03-015 for $57.07
Abatement granted for Map 002-03-024 for $131.85
Abatement granted for Map 006-09-029 for $434.73
Abatement granted for Map 007-03-28-11 for $514.48
Abatement granted for Map 007-03-14-17 for $253.86
Abatement granted for Map 010-010-015 for $176.23
Abatement granted for Map 010-10-029 for $1,146.47
Abatement denied for Map 002-04-002
Abatement denied for Map 002-04-016
Abatement granted for Map 002-04-018 for $74.06
Abatement granted for Map 002-04-030 for $733.44
- The Board signed the Payroll Manifest for the period of July 31st through August 14th
The Board signed the Vendor Manifest dated 8/15 in the amount of $54,138.43
- Nonpublic Meeting per RSA 91-A:3 II (c) – Fire Department and Code Enforcement
Chairman Foote motioned at 7:35pm to go into Nonpublic Meeting per RSA 91-A:3 II (c) – Fire Department and Code Enforcement. Second by Selectman McCarthy. Roll Call Vote: Chairman Foote – aye, Selectman McCarthy – aye. Motion passed.
Chairman Foote motioned to close the nonpublic meeting at 9:06pm. Second by Selectman McCarthy. 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 unanimously approved to make the Fire Chief a permanent part time employee due to the workload increase to the Fire Department with a minimum of 25 hours per week consisting of Monday – Thursday 8:30am to 12pm and 12:30pm to 3:30pm effective August 14, 2011.
- The Board unanimously approved to move forward with the violation and grant him and entertain him on the 30th with his concerns in a nonpublic session.
- The Board unanimously approved the Code Enforcement Officers findings at the property of 82 North Main Street fence installed by Mr. & Mrs. Gardella as a privacy fence in an attempt to keep issues in compliance with all town ordinances according to the Code Enforcement Officer Laurence Middlemiss.
Chairman Foote motioned to close the public session at 9:10pm. Second by Selectman McCarthy. Vote: Unanimous.
Respectfully Submitted,
Mary B. Winglass, Office Manager
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