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June 21, 2011 Board of Selectmen Minutes
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, JUNE 21, 2011
TIME: 5:30PM
LOCATION: NEWTON TOWN HALL, 2 TOWN HALL ROAD

MEETING MINUTES

  • Call to Order, Roll Call Vote
Chairman McCarthy opened the public meeting at 5:32pm.  In attendance were Chairman Trisha J. McCarthy, Selectman Raymond D. Thayer, Selectman Lawrence B. Foote, Town Administrator Nancy J. Wrigley and Office Manager Mary B. Winglass.  The meeting was videotaped; minutes were transcribed and typed by Office Manager Winglass.

  • Pledge of Allegiance
  • Introduction of Guests
  • Approval of Minutes (Review prior to meeting)
Selectmen’s Public Meeting minutes dated May 10, 2011, May 17, 2011, May 19, 2011 and May 24, 2011
Selectmen’s Nonpublic Meeting minutes dated May 17, 2011

The Board did not review the minutes at the meeting.

  • Scheduled Business:
  • Professional Cleaning Service for the Marshall House Museum
Selectman Foote motioned to accept the quote for $195.00 for the professional cleaning service at the Marshall House by LA Butlers Residential & Commercial Services.  Second by Chairman McCarthy.  Vote: Unanimous.

Office Manager Winglass added that this cleaning is for one time only for the Historical Society will keep the house clean after the initial cleaning.

  • Letter of resignation from Cable Operator Tavish Forsyth
Selectman Foote motioned to accept the resignation of Tavish Forsyth, Cable Operator with regrets effective June 22, 2011; Tavish may come back during his vacation/holiday schedule.  Second by Chairman McCarthy.  Vote: Unanimous.

  • Email from resident Pete Bracci Re: Boat dock at the Country Pond Boat Ramp
Chairman McCarthy read an email from resident Pete Bracci regarding a portion of a broken dock at the boat ramp.  According to Bracci the dock has been there for maybe 2 to 4 months and looks abandoned, is causing a nuisance to boaters and requested to have it removed.      

The Board decided to put a note on the website to offer the broken dock to whomever would like it prior to July 1st after that the town will take it and dispose of it.

  • Stewardship Committee Re: Sale of Lumber from Hidden Acres and monitoring the Foy Easement
Hidden Acres

Secretary of the Stewardship Committee Mary Marshall was present and reviewed the background of Hidden Acres Farm at 42 Thornell Road when the town in 2004 bought a Conservation & Preservation Easement with funding from the State.  The State requires that the easement to be monitored and the current landowner asked to sell the lumber that is already cut on the land which was done by the prior owner who cut the trees for personal use.  Under the terms of the easement if you are involved with commercial lumbering then you are required to file with the State.  The Stewardship Committee feels that that he should be able to sell without a forestry plan for it is not a lot of lumber and no other trees are to be cut.  Also the owner of property has asked to be able to sell the results of the wood that fell from the 2008 Ice Storm on the property.  The Governing Body gets to decide on how to proceed and agreed to allow the sale of the lumber.

Selectman Foote motioned for Ed Batcheldor of 42 Thornell Road to be allowed to sell the lumber that has already been taken down from Hidden Acres per the recommendation of the Stewardship Committee and allow him to sell wood from the clean-up.  Second by Chairman McCarthy.  Vote: Unanimous.

Foy Easement

Secretary of the Stewardship Committee Mary Marshall inquired in to the monitoring of the Foy Easement.  The Stewardship Committee offered to monitor the easement as part of the committee’s yearly review.  The board agreed to have the easement monitored by the Stewardship Committee.

  • Per RSA 31:95-b to accept and expend unanticipated funds in the amount of $25.00 donated to the Newton Food Pantry from Patricia Wonson
Selectman Thayer motioned per RSA 31:95-b to accept and expend unanticipated funds in the amount of $25.00 donated to the Newton Food Pantry from Patricia Wonson.  Second by Selectman Foote.  Vote: Unanimous.

  • Appointment of Jeffry Gersbach, Deputy Forest Fire Warden
Selectman Foote motioned to accept the appointment of Jeffry Gersbach as Deputy Forest Fire Warden.  Second by Chairman McCarthy.  Vote: Unanimous.

  • Walnut Farm Road Bond Reduction
Selectman Foote read a memo from the Planning Board recommending the Walnut Farm Road Bond be reduced to $65,601.76.  This amount satisfies the requirement that 10% of the original bond amount be held by the town until the road is accepted as a town road.

Chairman McCarthy read a letter from Road Agent Mike Pivero to the Planning Board based upon his inspection of Walnut Farm Road.  Pivero referenced a condition where the Beavers have blocked a new drainage structure on Walnut Farm Road and he requested the developer to clean the debris and to maintain this structure for it is not the responsibility of the resident at 24 Peaslee Crossing Road or the Town of Newton.  To date, no action has been taken by the developer.  Pivero recommended that due to this problem, modification should be made to mitigate flooding and maintenance costs to the Town before acceptance by the Town.

The Board decided to table this issue for the Board would like to hear from Road Agent Mike Pivero to find out if this problem has been taken care of and to give an update to the Board.  

  • Review proposed Traffic/Roadway Construction Ordinance
The Board discussed the Traffic/Roadway Construction Ordinance proposed by Police Chief Streeter.  The ordinance will ensure that safe, constant and consistent flow of traffic is maintained in and adjacent to construction areas on public ways within the Town of Newton.  This will require detail officers for construction activities along town roadways and will help strengthen the town’s gas/detail account that funds the Police Departments gasoline.  Due to the current gas prices and the economy that are working against each other, the account will reach a point of no return unless the town supplies bicycles or appropriates additional funding each year to cover the cost of gasoline.

Chairman McCarthy questioned how the service providers will be notified that they must hire a detail officer; Chief Streeter responded that they will be given notice once the ordinance is adopted at a Public Hearing.  Town Administrator Nancy Wrigley asked which fund would the penalty be applied to, the General Fund or the Police Detail Account.  Chief Streeter responded that the penalty would be paid to the court and then goes into the General Fund.  

The Board decided to schedule a Public Hearing for the adoption of this ordinance.

  • Newton Baseball/Softball Association Re: Greenie Park
Chairman McCarthy explained to the members of the Newton Baseball Association the events that lead to Health Officer reviewing the septic plans on file for Greenie Park.  The septic plans were prepared in 1998 and were approved by the State but the system had never been installed.  Health Officer Bob Leverone then went to Greenie Park to view the activity at the Concession Stand and subsequently spoke with the State regarding the sale of food and drinks and found that they are not properly licensed and must cease and desist its current operation.  Only prepackaged food and bottled or canned drinks are allowed to be sold at this time.  Water for coffee must be brought in for the water system has been disconnected except to the sprinkler system.

The town’s electrical inspector checked the concession stand and found some issues that need to be addressed; even if the building is not used the grounding and circuit breakers need to be addressed due to the sprinkler system.

The Board discussed the that once the town receives the updated septic plans from David Detour the next step is to send it off to the State with a $300 fee for State approval.  Once we get the updated plan, the Board at that point will need to decide if they are going to pay the $300 in the hopes that we can pool our resources for the installation.

Chief Building Official Ron LeMere was present and discussed the next step is to work on the electrical work; we can issue a temporary occupancy while we work on obtaining a design for the septic system.

Newton Baseball members addressed the schedule at the fields to include a Jimmy Fund Tournament for another three weeks and then softball.  They had been buying pizza, using a foreman grill and selling popcorn.  They have been trying to run the league but this season the town has caused so much turmoil and suggested that we need to improve communications.   

Chairman McCarthy referenced recent emails that were very inappropriate and the need for all to pitch in to help keep the park cleaned up.

Chief Building Official LeMere recommended that we find out the intent from Newton Baseball from this point through the summer and develop a schedule and issue a temporary occupancy but the problem is the water which will need to be carry in/carry out only.  Newton Baseball will prepare an action plan with their intent and will send to the town via email by week’s end.  Once the season is complete, the town can start making changes and preparing for the next season but the town will need to know the needs of Newton Baseball.  Newton Baseball was told that four days or less per month for food service does not require a license.
Another option discussed was the use of a vendor for food service at their events.

Recreation Commission Chairman Pauline Dupuis discussed the trash barrels at Greenie Park and also thanked Baseball for picking up the tables and help painting them.  The tables need to be cleaned and the trash buckets need liners to keep them relatively clean.  Newton Baseball responded that they would send a note to those the coaches that use the field to ask them to take care of the barrels.
Chairman McCarthy added that the town does not own a town vehicle for trash pickup, what we need is a part time custodian.  For now we may need to look at a carry in/carry out policy.

Recreation Commission Secretary Sue DiMercurio contacted the company that owns the porta-potties at Greenie Park to inquire if they were driving over the fields; their response was that their policy is to never drive over any fields but they would check with the driver.  The porta-potties were relocated so that they are easier accessible for the general public as well as for the monthly maintenance.  

Recreation Commission Chairman Pauline Dupuis informed the Board that the Indian Head trip went great, all good comments from all who attended.

  • Announcements
  • Recreation Commission Trip to the Yankee Clipper on Wednesday,
July 20, 2011

  • Other Business, Sign Manifests, Requisitions, Abatements, Tax Credits, Correspondence and Appointments
Recreation Commission Chairman Dupuis stated that some of the skateboard park repairs com been completed.  The Basketball hoops are not yet installed for she is waiting for a quote for painting the backboards.  Selectman Thayer stated that he and Selectman Foote will install the hoops, the backboards are painted.  

Selectman Foote handed out packets to all sitting at the table with documents outlining ADA Best Practices Tool Kit for State and Local Governments.  

Chairman McCarthy referenced the May 2011 publication of LGC’s Town and Country for consideration of the adoption of a policy for the Town Tree Warden.  

The Board signed a requisition from the Recreation Commission for the purchase of lifeguard swim wear for a total of $226.30 to be paid from the Town Beach Supply Line.  The Board suggested for Recreation to try to use a local vendor versus the hassle of purchasing them online.  

Selectman Foote motioned to approve the requisition for lifeguard swimwear paid from town beach supply line for uniforms not to exceed $250.00.  Second by Chairman McCarthy.  Vote: Chairman McCarthy and Selectman Foote – aye; Selectman Thayer opposed for he stated that the Recreation approved the purchase of only swimsuits.

The Board signed the Payroll Manifest dated June 5th – June 18th.

The Board signed the Vendor manifest dated June 20, 2011 in the amount of $125,860.23.  

The Board signed a second Vendor Manifest in the amount of $3,575.01.

The Board signed an Elderly Exemption and Veteran’s Credit for Map 7-2-1-19 for the applicant meets all the qualifications.

The Board signed a request for Personal Time Off from Town Administrator Nancy Wrigley and Vacation Time for Welfare Agent Tina O’Rourke.

Chairman McCarthy motioned to approve the appointment of Matthew Burrill, ZBA Alternate Member starting today until the 31st of March 2014 or until a successor is appointed.  Second by Selectman Foote.  Vote: Unanimous.

The Board signed two original contracts sent by Municipal Resources for junkyard compliance.

Chairman McCarthy announced that this is her last public meeting on cable as Chairman for Selectman Larry Foote will take over for the next three months.

Police Chief Streeter respectfully requested a five minute nonpublic meeting with the Board to discuss an employee issue.

Chief Building Official Ron LeMere informed the Board that he is working with an engineer to contract for the preparation of a bid specification for the fire submersion tank and will have the info for the next meeting regarding the engineering cost.


  • Nonpublic Session under RSA 91-A:3 II (b) – Hiring Lifeguards/Swim Aids; (c) – Ambulance
Selectman Foote motioned to go into nonpublic session under RSA 91-A:3 II (b) – Hiring Lifeguards/Swim Aids and Police Department; (c) – Ambulance.  Second by Selectman Thayer.  Roll Call Vote: Chairman McCarthy – aye, Selectman Thayer – aye, Selectman Foote – aye.  Vote: Unanimous.

Chairman McCarthy motioned to close the nonpublic session at 8:03pm.  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.

Selectman Thayer motioned to hire Molly Dolan, Swim Aid at Grade IV, step 2, $8.95 per hour for 15 to 18 hours per week effective June 26, 2011.  Second by Chairman McCarthy.  Vote: Unanimous.

Selectman Foote motioned to hire Jackson Morton, Swim Aid at Grade IV, step 2, $8.95 per hour working 15 – 18 hours per week effective June 26, 2011.  Second by Chairman McCarthy.  Vote: Unanimous.

Chairman McCarthy motioned to hire Ethan Johnson, Swim Aid at Grade IV, step 2, $8.95 per hour for 15 to 18 hours per week effective June 26, 2011.  Second by Selectman Foote.  Vote: Unanimous.

Selectman Thayer motioned to hire Natalie D’Apollo, Lifeguard at Grade V, Step 1, $9.16 per hour for 37.5 hours per week effective June 26, 2011. Second by Selectman Foote.  Vote: Unanimous.

Selectman Foote motioned to hire Allie Antczak, Lifeguard at Grade V, Step 2, $9.39 per hour for 37.5 hours per week effective June 26, 2011.  Second by Selectman Thayer.  Vote: Unanimous.

Chairman McCarthy motioned to hire Lisa Babcock, Swim Coordinator at $12.88 per hour for 37.5 hours per week effective June 21, 2011.  Second by Selectman Thayer.  Vote: Unanimous.


  • Adjourn
Chairman McCarthy motioned to adjourn at 8:12pm.  Second by Selectman Thayer.  Vote: Unanimous.

                                                        Respectfully Submitted,


                                                        Mary B. Winglass, Office Manager