NEWTON BOARD OF SELECTMEN
DATE: THURSDAY, NOVEMBER 17, 2011
TIME: 4:45PM
LOCATION: NEWTON TOWN HALL, 2 TOWN HALL ROAD
PUBLIC MEETING
- Call to Order, Roll Call Vote
Chairman Thayer called the meeting to order at 4:48pm. In attendance were Chairman Raymond D. Thayer, Selectman Lawrence B. Foote, Town Administrator Nancy J. Wrigley and Office Manager Mary B. Winglass. The public meeting was videotaped; minutes were transcribed and typed by Office Manager Winglass.
Selectman Trisha J. McCarthy arrived at approximately 5pm.
Selectman Foote motioned to go into Nonpublic Session under RSA 91-A:3 II (e) – Pending Claim; (a) – Employee Evaluations; (b) – Fire Department at 4:50pm. Second by Chairman Thayer. Roll Call Vote: Chairman Thayer – aye; Selectman Foote – aye. Vote: Unanimous.
The Board motioned to recess the nonpublic session at 6:06pm in order to go into public session to award a certificate of appreciation. The Board added that they will go back into nonpublic session after awarding the certificate.
The Board then recessed the public meeting at 6:12pm to go back into nonpublic session.
The Board unanimously motioned to recess the nonpublic session at 7:05pm.
The Board unanimously motioned to reconvene the nonpublic session at 9:50pm.
Chairman Thayer motioned to close the nonpublic at 10:30pm. 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 made public the following:
- Transfer Station Kevin Jolicoeur from Grade XV, step 10 to Grade XX, step 2 effective his hire date of November 3, 2011.
- Rick Milner, Planning Board Administrative Assistant from Grade X, step 8 to Grade X, step 9 effective his hire date of October 7, 2011.
- Office Manager Mary Winglass fro Grade XX, step 10 to Grade XXI, step 9 effective her anniversary date of October 18, 2011.
The Board resumed this portion of the public meeting at 7:07pm.
Chairman Thayer asked everyone to stand for the Pledge of Allegiance
- Introduction of Guests
- Approval of Minutes (Review prior to meeting)
- Selectmen’s Public and Nonpublic Meeting minutes dated October 24, 2011, November 2, 2011 and November 3, 2011
Selectman Foote motioned to approve the Selectmen’s Public and Nonpublic Meeting minutes dated October 24, 2011, November 2, 2011 and November 3, 2011. Second by Selectman McCarthy. Vote: Unanimous.
- Scheduled Business:
- Certificate of Appreciation, Trevor Langlois
The Board of Selectmen awarded a Certificate of Appreciation to Trevor Langlois for his efforts in making Newton a better place by coordinating a roadside cleanup. The Board thanked Trevor for his dedication to making the town a better place.
- 2012 Health/Dental Benefit Program and Rates
Town Administrator Wrigley discussed the quotes received for the 2012 Health Insurance renewal rates which increased by 19.9%. The town has 10 full-time employees with two or three that receive the buyout. A meeting with the Local Government Center revealed the option of a HMO Mathew Thornton Blue program with rates in line with what the town contracted for in 2011. Therefore the recommended health insurance program for 2012 is the HMO Matthew Thornton Blue; to keep the dental plan the same which had an overall increase of .05% in 2012; short term liability insurance went down therefore there is no change.
Town Administrator Wrigley stated that she gave a copy of the policy to Road Agent Mike Pivero who will review the policy but after a quick glance Pivero thought that the State Statutes may supersede this policy.
- Cont review of well at Fire Station
Selectman Foote stated that Jeff Gersbach is working on this item with the well owner across the street that talked about buying a generator and have the town install the electrical panel. Jeff is also looking into the Fire Department having its own well with the cost coming in around $13,000 to $15,000. Foote suggested that we table this discussion until our next meeting when we should have some written quotes.
- Website Services: Video Archiving/Streaming
The Board reviewed a legal opinion from the Local Government Center regarding cable and video archiving/streaming. Winglass asked that based upon the information from legal counsel how would the Board like to proceed. Selectman McCarthy replied that although the residents asked them to do this and we hoped to work with our departments to get them onboard, the Selectmen wish to keep the 10 hours of time for programming available at least for the year. Winglass informed the Board that she is looking at conversion software to change the file from .mpg to .wmv file with the Cable Committee for currently we are looking at the same type of software for editing purposes.
- Review of Bearce property located on Merrimac Road – 7pm
Police Chief Lawrence Streeter and Donald Jutton, President of Municipal Resources, Inc. discussed the following proposal.
Mr. Bearce has approved the terms of an agreement between himself and the Town of Newton NH Board of Selectmen that will provide for the acquisition of his property on Merrimac Rd.
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The Selectmen will present a warrant article seeking authorization to purchase the Bearce Property for the sum of Eight Hundred Thousand Dollars ($800,000); providing a promissory note & 10 year mortgage @ 0% interest to Mr. Bearce, with the property as security.~
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The payment terms will be 10 years and will provide for annual payments in the amount of Sixty Thousand Dollars ($60,000) per year for three years & Eighty Eight Thousand Five Hundred Seventy Five Dollars ($88,575) per year for the remaining 7 years.
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Closing will about April 1, 2012 at which time the initial mortgage payment of $60,000 will be made.~ Each of the additional nine annual mortgage payments thereafter will be made on or about the 1st day of April.
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As consideration for 0% interest rate Mr. & Mrs. Bearce will occupy and use the property, exclusive of the Police Department area, free of rent or utility charges through June, 30, 2015 – they must provide property, causality & liability insurance & be responsible for maintenance for the areas they use. Should Mr. & Mrs. Bearce wish to extend their tenancy beyond 6/30/15 and the Town agrees, they will become tenants at will and the monthly rental fee will be $1,500.
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The Town will honor leases with tenants who are approved by the Town and in place on the date of execution of the purchase and sale agreement for up to 36 months from the date of closing. Tenants may not sub-let and once tenancy has been abandoned, may not return. Rents, if any, will be paid to and become the property of Bearce.
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The tenants will be responsible to maintain and provide proof of insurance coverage acceptable to the Town; to maintain all of their space, inside and out, in “as is condition”; to provide all utilities; and to utilize the rented space so that it does not interfere with the reasonable use and operation of the Town’s police facility. The Town will be indemnified and held harmless by the tenants and / or Bearce from any loss or liability whatsoever resulting from the use or activity associated with the rented areas.
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Immediately upon formal vote to proceed by the Board of Selectmen, the Newton Police Department will be granted unrestricted access to, and control of, 2,200 +/- square ft. of office space located in the main building on the Bearce property together with unrestricted access to and use of the paved driveway serving the property.
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The Town of Newton will be responsible for the cost of office fit up of the space, signage, all furnishings, custodial & routine maintenance of the interior space, and provision of property, causality and liability coverage for the police office space from the date of occupancy. Bearce will be responsible for water, sewer, electric service and heat for the police office space until the date of closing.
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The Selectmen will seek authorization at the 2012 Annual Town Meeting to purchase the property subject to the terms and conditions set forth herein; should that fail, the Police Department will become a tenant at will and as of April 1, 2012 will be charged rent at the rate of $22,000 per year plus 50% of all documented heating and electrical cost. Either party may terminate the tenancy thereafter by giving 60 days written notice to the other party of this intent.
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Resident Mike Paige discussed his hardship with being out of work and felt at this time the town should refrain from this purchase. Chief Streeter explained that the current building is a health hazard to its employees; this is not a case of want it is a case of need.
Resident and Planning Board Chairman Jim Doggett stated that this plan does address one concern listed in the Town of Newton Capital Improvement Plan.
Resident and State Representative Mary Allen discussed how this is long overdue and the fact that when you go by the Police Department you see trailers. This is what they are using to house themselves. It is time we took advantage of Mr. Bearce’s proposal to move the Police Department.
Selectman McCarthy discussed the importance of addressing the health and safety issues. Prisoners are handcuffed to the desk; rape victims have no place for an interview in a private area. We have outgrown the building in size as well as health and safety issues. McCarthy added that she absolutely thinks this deal is a good idea; no one wants their taxes to increase but this is a health and safety issue.
Bob Donovan, Jr. talked about his history with the Police Department and the deplorable condition of the building. What we need is to gut the whole building which will cost more money to do than to move over to the Bearce property. The current building is too small and rotted from the inside out; we need to get them out of the building now.
Sandy Estabrook asked about the scope of work to be done at the Bearce property in order to occupy the building. Police Chief Streeter responded that the projected cost will be around $7,000 to complete the restroom and counter area with glass across the front at the public entrance.
Jim Doggett added that as a member of the School Board he has first-hand knowledge of what it takes to remove mold which cost around $35,000 per classroom.
A discussion took place explaining that this purchase includes a zero percent interest. The current Police Department will not be renovated in the future for another use.
Resident Stephen Cushing added that what bothers him is that as a town we do not do something until forced and we should have pride in our community. There are only a few Police Departments in the state that is accredited and we have a professionally run department.
A discussion took place regarding the generosity of Mr. Bearce and the Police Chief’s ability to work with him for several years and urged both the Board and taxpayers to support it wholeheartedly. A recommendation from Jim Doggett to include in the warrant article that the existing police station to be sold to help offset the cost.
Selectman McCarthy motioned to move forward with a vote to 1) agree to the terms of purchase presented by Mr. Bearce for acquisition of his Merrimac Rd. property; 2) authorize MRI to arrange for the necessary paperwork to memorialize the agreement with Mr. Bearce; 3) authorize the Police Chief to effect relocation of police operations to the Bearce property as soon as practical; 4) authorize MRI to assist with preparation of the warrant article and related informational materials for presentation at the 2012 Town meeting and to include the sale of the property as outlined by Jim Doggett. Second by Selectman Foote. Vote: Unanimous.
It was recommended to the Selectmen to do a presentation twice before the town election; once in January and February and to get it into the Tribune as often as possible.
The Board took a short recess to congratulate the Police Chief.
- Per RSA 31:95-b to accept and expend unanticipated funds in the amount of $62.30 to the Newton Food Pantry
Selectman Foote motioned per RSA 31:95-b to accept and expend unanticipated funds in the amount of $62.30 to the Newton Food Pantry. Second by Chairman Thayer. Vote: Unanimous.
- Transfer Station Re: E-Scrap Rental Container, Collection & Disposal Contract
Transfer Station Manager Kevin Jolicoeur was present to review two quotes he received for electronics recycling. The quotes were from East Coast Electronics Recycling, Inc. of Shirley, MA and E.L Harvey & Sons, Inc. of Westborough, MA. Jolicoeur explained recommendation to change from East Coast Electronics to E.L. Harvey due to a price reduction of $100 per pickup and they are willing to commit to a three year contract with a price guarantee. Selectman McCarthy asked and Jolicoeur agreed that with the price reduction we can reduce the electronics recycling fees paid by Newton residents.
Selectman Foote motioned to change from East Coast Recycling Electronics to E.L. Harvey & Sons for a price reduction of $100 per pickup for electronics recycling. Second for discussion by Selectman McCarthy who questioned if the three year contract allows for the right to terminate the policy for nonperformance. After reviewing the contract and not finding any wording that refers to terminating the contract, Selectman Foote rescinded his motioned. Selectman McCarthy rescinded her second.
Selectman McCarthy added that the contract should not include anyone’s name and we need to make sure it includes the right to terminate for nonperformance. The Board will review the contract
- Planning Board Re: Request for a Joint Board Meeting
Selectman McCarthy read a memo from the Planning Board requesting a joint meeting with the Selectmen and Chief Building Official. The Planning Board invited all to attend the Planning Board meeting on November 22, 2011 to discuss the responsibilities of the relevant departments regarding structure location verification within cluster developments and other site plans.
Chief Building Official Ron LeMere was present and discussed his role with requiring a certified foundation but any pre-construction requirements would have to be done by an engineer.
Planning Board member Charlie Melvin was present and felt that we still need to have a joint meeting to make a determination with all present. The Board responded that they will attend the Planning Board meeting on November 22, 2011 with Chief Building Official Ron LeMere.
- Planning Board Re: Outstanding NPREA Bills
The Board reviewed a memo from the Planning Board regarding Whispering Pines Campground Outstanding NPREA Bills in the amount of $1,359.81. The Planning Board is looking for possible avenues to elicit payment of the outstanding NPREA invoices. Town Administrator Wrigley suggested a nice letter to find out why he has not paid the balance due. The Board agreed that a letter to Pica would be best to find out why he has not paid the balance due.
- 2012 Proposed budget review
Budgets were not reviewed.
- Set dates for the 2012 Town Meeting
The Board decided to wait for a response from the Moderator; the Board is leaning toward a Saturday Deliberative Session.
- Open bids for Greenie Park and Town Beach 2012 Facilities Maintenance
The Board noted that two bids were received but only one was submitted by the deadline therefore it will be the only one considered and opened tonight. The Board opened the bid from David W. Marden Landscape Maintenance. Town Administrator Wrigley suggested to the Board that if they feel it is too high you can either negotiate or re-advertise and to look at last years for a point of reference since we have only one bid. The Board tabled this item in order to compare it to the prior year contract.
- Review quotes for the printing of the 2011 Annual Town Report
The Board reviewed a spreadsheet prepared by Office Manager Winglass showing a comparison of quotes received for the printing of the 2011 Annual Town Report.
Selectman Foote motioned to accept the bid for the printing of the 2011 Annual Town Report from Allegra Marketing, Print & Mail from Salem, NH for a price of $2,500.00. Second by Selectman McCarthy. Vote: Unanimous.
- Fire Department Re: New Member
Selectman Foote motioned to accept Andrew Lingel as a new member of the Fire Department. Selectman McCarthy seconded the motion to include at a pay rate of Grade X, step 1 with a six month probation pending a criminal background check. Vote: Unanimous.
- Request from resident Re: Waiver of fee for replacement Transfer Station sticker
Selectman Foote read an email from Suzanne Wrest-James of 7 Dugway Road requesting the Board of Selectmen to waive the fee for a replacement Transfer Station resident sticker.
Transfer Station Manager Kevin Jolicoeur stated that he talked to this resident and she gave him four different reasons for not scraping off the old sticker.
Selectman McCarthy motioned to waive the fee requirement and give Suzanne Wrest-James a resident sticker. Second by Selectman Foote. Vote: Unanimous.
Selectman McCarthy motioned to waive the fee requirement for a resident sticker for Lawrence Foote. Second by Chairman Thayer. Vote: Unanimous.
- Recommendation to hire a Transfer Station “Floating” Attendant
Transfer Station Kevin Jolicoeur talked about how he lost two floating employees which leaves him with only one employee to fill in to cover shifts when employees are sick, on vacation or using comp time. The town put out a help wanted advertisement and Jolicoeur spoke with the applicants and is here to tonight to give his recommendation to hire Henry Sawyer. Jolicoeur added that Sawyer is and ex-military and a long time resident. The Board decided to review this item at their next meeting in a nonpublic session.
- Thank you letter from Louisa Wolf, Plaistow, NH
Selectman Foote read a thank you letter from Louisa Wolf of Plaistow to the Town of Newton Fire Department for going door to door to check on residents during the electrical outage in town due to the October snowstorm. Her mother was home alone in the cold and she took the recommendation of the town’s personnel to go to her daughter’s home in Plaistow who had a generator.
- Announcements
- Other Business, Sign Manifests, Requisitions, Abatements, Tax Credits, Correspondence and Appointments
- November & December Anniversary Report
- The Board reviewed the November and December Anniversary Reports.
- The Board signed a requisition from the Fire Department to purchase ISG XR Elite TIC, 2 Battery AC & Truck Mt Charger, 2yr warranty for a price of $9,760.00.
- The Board signed and approved a Veteran’s Exemption for Map 13-2-15-16
- The Board signed a Welfare Manifest in the amount $975.00
- The Board signed and approved a State of NH Resources and Economic Development Forest Fire Report/Bill for a total of $194.61.
- Adjourn
Chairman Thayer motioned to adjourn at 10:35pm. Second by Selectman McCarthy. Vote: Unanimous.
Respectfully Submitted,
Mary B. Winglass, Office Manager
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