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: WEDNESDAY, AUGUST 3, 2011
TIME: 4:15PM
LOCATION: NEWTON TOWN HALL, 2 TOWN HALL ROAD
PUBLIC MEETING
- Call to Order, Roll Call Vote
Chairman Foote called the meeting to order at 4:24pm. In attendance were Chairman Lawrence B. Foote, Selectman Raymond D. Thayer, Selectman Trisha J. McCarthy, Town Administrator Nancy J. Wrigley and Planning Board Chairman, James Doggett. The meeting was videotaped; minutes were transcribed and typed by Town Administrator Nancy J. Wrigley.
- Pledge of Allegiance
- Introduction of Guests
- Approval of Minutes (Review prior to meeting)
None.
- Scott Frankiewicz Re: Puzzle Lane Bond
Mr. Frankiewicz, Brown Engineering & Surveying, LLC was present to discuss the bonds that have expired on Aug.1st or are due to expire on Aug. 19th 2011.
$19,000 Bond is for lot 14-1-27-3 Land Development, Mitigation and Hydro-study.
James Doggett, Planning Board Chairman said that bond is for lot 27-3 and that only phase 1 has been completed. There is a phase 2 where the building is approved but not built yet. What the bond covers has not expired yet. Trees that were put in have died and need to be replaced. Ms. McCarthy said the Conservation Commission did a site walk last year and requested that Mr. McDonough replace those trees that died. She will ask the Commission to conduct another site walk to look at the trees and will report their findings back to the Planning Board. Approximately $8,000 of the $19,000 Bond is for the hydro-study. Mr. Doggett stated that letters were sent to Mr. McDonough in June regarding the expiration dates of the bonds and stated today is the first time they have
heard from him. It is not the town’s responsibility to remind Mr. McDonough to renew his bonds. That is his responsibility. He stated the standard requirement is to have a bond on a road that is being worked on and every town is stringent on not allowing road bonds to expire. Should something happen to Mr. McDonough, these bonds would fall back on the Town of Newton, therefore these bonds need to be in place to protect the town. Mr. Doggett asked that the Board of Selectmen have the Cease & Desist issued immediately.
Mr. McDonough told the Board he is changing financial institutions and is working on the bonds and for that reason he is requesting a 3-4 week extension; and asked that a Cease & Desist not be issued at this time due to the economy and financial matters. He stated there is a new building being built and to put a Cease & Desist on the project would put 4 guys out of work.
Rick Milner, Planning Board Administrative Assistant stated that in 2006, 2007 & 2010 Mr. McDonough failed to renew his bonds; there is a history of issues when trying to get these bonds renewed year after year. He also brought to the Board’s attention that there is a code enforcement issue on 14-1-27-3 and that the letter is in their packet.
Mike Pivero, Road Agent stated that during the acceptance of the first section of Puzzle Lane it was agreed that the Town would accept the road as long as the road bond stayed in place. Mr. McDonough was told that the asphalt was way too thin and that another 1½ inch of hot top needed to be applied to the road. Mr. McDonough signed a development agreement stating that he would fix the road to the town specifications in order to get his approvals. Without that agreement to fix the road, the town would not have granted his approvals. Mr. Pivero said the tenants are complaining the top coat needs to be repaired and are looking at the town as not doing our jobs. Mr. Pivero said the pot holes were brought up in early fall of 2010 and again in late spring of 2011
that the road will not survive its current use without repair. He stated that the section that needs to be repaired is approximately 300’, in from Route 108. He feels that the road bond needs to stay in place for that section of the road until it is repaired.
Mr. McDonough stated it is not his fault the road is breaking up but will patch it by Monday.
Mr. Milner wanted to clarify that it is the Selectmen’s responsibility to decide on the $110,000 Road Bond for Puzzle Lane.
Selectman McCarthy asked Mr. McDonough “how long will it take you to get these bonds in place. Mr. McDonough’s answer was he didn’t know and that is why he was asking for 3-4 weeks.
Selectman McCarthy stated it is a matter of procedure and Mr. McDonough is not following through with his agreement by allowing the $110,000 Road Bond to expire on August 1, 2011.
There are two other Bonds: $19,000 on Lot 14-1-27-3 for LAND DEVELOPMENT, LAND MITIGATION AND HYDRO-STUDY that expired on August 1, 2011 and $79,000 on Lot 14-1-27-4 for EXCAVATION AND RECLAMATION that is due to expire on August 19, 2011.
Planning Board Chairman Doggett said if the Selectmen will decide on the Road Bond for $110,000 tonight, the Planning Board will decide on how to handle the other two bonds in their meeting.
Selectman Thayer made a motion that the Board of Selectmen issue a Cease & Desist Order for all construction activities connected to the Puzzle Lane commercial subdivision project, if all performance guarantee bonds connected with the Puzzle Lane commercial subdivision project are not renewed prior to their expiration dates. Trisha seconded for clarification in that two of the bonds have already expired and offered the following amendment: The Cease & Desist will be lifted when the bonds have been renewed to the satisfaction of the Board of Selectmen. Vote on the amendment was Unanimous.
Planning is ok with that since the Selectmen are the ones issuing the Cease & Desist.
Ms. Wrigley stated that when the bonds come in, the Selectmen can have a quick meeting to accept the bonds and lift the Cease & Desist.
McDonough asked the Board if they would allow an exclusion so they can fix the pot holes?
Selectmen Foote motioned he didn’t have a problem with the paving. Selectmen McCarthy seconded. Unanimous.
Mr. Milner asked if the bonds will be Letters of Credit. If so, they need to be reviewed by Town Counsel which will take more time to get his response back.
Chairman Foote agreed when the bonds come in, they will hold an emergency meeting to sign off and get them back to work.
- Henry Olshefsky Re: Hen House Sports Bar & Grille Outdoor liquor license. Mr. Olshefsky was present and told the Selectmen he has applied to the State of NH Liquor Commission for an outdoor liquor license and one of the requirements is to get an approval letter from the Town stating they have no objections to them serving liquor in an outside area of their establishment. Trisha asked if this would be a change of use whereby they need to go before the Planning Board. Chairman Foote said he spoke with the Fire Chief and as long as they don’t go over their 85 person capacity, there shouldn’t be a problem. Mr. Olshefsky stated all they are looking to do is move 4 seats from inside to outside with 2 tables. It is their hope in the future to build a deck outside but for now it is just 2 tables and 4
seats. No liquor is allowed outside until approved by the Liquor Commission.
Chairman Foote motioned to accept the Hen House Sports Bar & Grille to have their patrons bring their liquor outside to the patio not to exceed the 4 chairs and 2 tables at this time. Second by Selectman Thayer. Discussion: Send a letter stating the Town has no objections and add the verbiage of the motion. Unanimous.
- Sign the 2010 Year-end Independent Accountant’s Compilation Report
Selectman McCarthy read the cover letter dated July 21, 2011 from our auditors Vachon, Clukay regarding the MS-5 reports. The Board signed three copies, one to go to the Department of Revenue Administration.
- Planning Board Re: Letter of support for the Rowe’s Corner intersection road reconfiguration design study.
A letter from James Doggett, Planning Board Chairman was read seeking letters of support for the Rowe’s Corner intersection road reconfiguration design study from the Board of Selectmen. Mr. Doggett said the Planning Board is also looking for a letter from the Police Chief, Fire Chief & Road Agent. Selectman McCarthy will work on the letter from the Board.
- Walnut Farm Road Bond Reduction.
Mike Pivero, Road Agent said the developer installed the beaver diverter. There were no specs on the installation as it was a verbal agreement that it be installed.
Chairman Foote made a motion to reduce the bond to $65,601.76 that will satisfy the requirement that 10% of the original bond amount be held. Trisha seconded. Unanimous.
- Road Agent Re: Striping. Mike Pivero explained there were a couple requests: Town Hall to remark the parking spaces and handicapped spots for $290; Crosswalk marking in front of Town Hall across Route 108 initiated by Chief Streeter during the town elections for $210 (crosswalks will be green infill with white striping-already approved by the State); restripe two Fire Station parking lots with 6-50’ white lines to assist in backing into the Stations located on West Main Street and South Main Street for $100; and a crosswalk on Amesbury Road from the church parking lot to the church for $210 (to be paid by the church).
Foote made a motion to accept the bids from American Striping. Second by Selectman McCarthy. Discussion: Chief Streeter should talk with the church and have the church pay direct. Chairman Foote amended his motion for $600 to have American Striping stripe our roadways at the Town Hall Route 108, at West Main Street Fire Station, South Main Street Central Fire Station & Town Hall parking lot, to be paid out of the General Government Buildings budget. Second by Selectman McCarthy. Unanimous.
- Police Department Re: Post probationary employee
Chief Streeter stated he is requesting that Sabato LoRusso’s pay rate be increased due to the end of his probationary period.
Selectman McCarthy made a motion, based on the Chief’s recommendation, that Sabato LoRusso has completed his probationary period for the Police Department, he is a part-time patrolman and that his pay grade will go to Grade XIII Step 7, effective July 14, 2011. Selectman Foote seconded. Unanimous
- Announcements
- Other Business, Sign Manifests, Requisitions, Abatements, Tax Credits, Correspondence and Appointments
- Employee’s Anniversary Report for the month of August was reviewed.
- Selectman Foote made a motion to sign the Welfare Manifest for $344.90 to Victory Fuel for a Welfare recipient. Second by Selectman McCarthy. Unanimous.
- Intent to Cut Application on Tax Map 11-10-5 & 11-10-9-1. Selectman McCarthy asked if the logger is habitually known to not file his applications before he starts cutting. Ms. Wrigley said “no” – he’s very good and he knows the laws. I don’t know why this came about this way”. Selectman McCarthy stated that both of these lots have already been cut by the same logger. She asked that we send him a letter that this is the last permit we are going to sign after the fact. It was also suggested that the State Forester be contacted and ask him if there is a fine process for loggers that cut before they file their Intent to Cut.
Chairman Foote made a motion to sign both Intents to Cut and to send a letter stating this is the last permit we are going to sign after the fact; and to check with the Forester about the fine process. Second by Selectman McCarthy. Unanimous.
- Letter from Town Clerk Mary Jo McCullough in accordance with RSA 466:14 submitting the unlicensed dog list as of August 2, 2011 for a total of 53 dogs. Ms. McCullough is requesting the Board to issue a warrant to the Animal Control Officer / Police Department authorizing the issuance of civil forfeiture notices to the owners of the unlicensed dogs.
Chairman Foote made a motion to hand it off to the Police Dept. and have them take care of it. Second by Selectman Thayer. Unanimous.
- Recreation Requisition for senior trip to the Spirit of Boston, MA. The cost is $825 for the bus & $1,779.54 for the boat event for a total of $2,604.54. The money is to come from the Senior Warrant Article. Newton seniors will pay $20 each and non-resident seniors will pay $43 each. Recreation Secretary Sue DiMercurio explained the warrant article and how the funds will be dispersed.
Chairman Foote made a motion to accept the senior trip per the
requisition to the Spirit of Boston on 10/19/11 for the cost of
$2,604.54 – Second by Selectman Thayer. Unanimous.
Selectman McCarthy suggested in the future when submitting a requisition to list them from the Recreation Commission, not from one particular person i.e Chairman Dupuis.
- Recreation Requisition for Movie Night to be held on 08/23/11 for a total of $628 for a movie, popcorn and soda to be held at Greenie Park. Ms. DiMercurio explained that Fun Flicks rents out a movie screen that would be like going to a drive-in movie. Selectman McCarthy questioned not having the Fall Fun Fair this year and using the approved line item for the Fun Fair for other activities. She stated a lot of people, including the town departments do get involved with the fun fair and it should not be eliminated. It’s a good community event.
Chairman Foote made a motion to accept movie night to be held on 08/23/11 for $628 to come from the Fall Festival budget line. Second by Selectman McCarthy. Foote and McCarthy – yes
Selectman Thayer abstained. A rain date will be set.
- Payroll Manifest was signed - dated 07/17–30/11.
Vendor Manifest was signed – dated 8/1/11 in the amount of $1,037,505.70
- Nonpublic Session under RSA 91-A:3 II (a) – Police Department Personnel Issue
Selectman Foote motioned to go into nonpublic session under RSA 91-A:3 II (a) – Police Department Personnel Issue at 6:40 pm. Second by Selectman Thayer. Roll Call Vote: Chairman Foote – yes, Selectman Thayer – yes, Selectman McCarthy – yes. Vote: Unanimous.
Chairman Foote motioned to close the nonpublic session at 7:18pm. 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. The Board then made the following motions in public session:
Selectman McCarthy motioned to hire David Leveille as a Highway Laborer at Grade V, Step 9 with a 30 day probation, pending a background check but as long as he stays with either Mike or Ron he can start effective Monday, August 8, 2011. Second by Chairman Foote. Unanimous.
Selectman McCarthy motioned to hire Sabato LoRusso as the Accreditation Manager and Patrolman for day shifts which will equal full-time status for the Police Department; Grade & Step will come from the Chief, and his salary will be coming from Rebecca Bergeron and Christopher Thurlow payroll line effective August 3, 2011. Second by Chairman Foote. Unanimous
Selectman McCarthy adjourned the meeting at 7:35 pm. Second by Selectman Thayer. Unanimous.
Respectfully submitted,
Nancy J. Wrigley
Town Administrator
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