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, JULY 19, 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 4:20pm. In attendance were Chairman Lawrence B. Foote, Selectman Raymond D. Thayer, Selectman Trisha J. McCarthy, 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)
- Scheduled Business:
- Town Auditors Vachon, Clukay & Company Re: 2010 Year End Audit
Tammy Webb of Vachon, Clukay & Company PC met with the Board to give an exit conference on the December 31, 2010 financial statements. Webb outlined noteworthy items and the auditor’s opinion and recommendations for change.
- Open bids for Refurbishing of Engine 2
The Board opened the one bid received for the refurbishing of Engine 2 from Greenwood Emergency Vehicles of North Attleboro, MA. Chairman Foote then read a letter received from Lakes Region Fire Apparatus, Inc. thanking the Town for the opportunity to consider bidding this project but they respectfully declined.
Fire Chief Bill Ingalls will review the bid and will give a recommendation to the Board at a future meeting.
- Fire Department RE: New Members
The Board reviewed a memo from Fire Chief Bill Ingalls recommending two potential new recruits per the Fire Officers meeting held on July 5, 2011; Ricky Bortz and Aaron Epstein pending a background check. At the June 7, 2011 Fire Officers meeting it was voted to recommend Kevin Syvinski as a new recruit pending a background check. Town Administrator Wrigley recommends holding off from hiring Syvinski at this time for he was given the paperwork over a month ago and no one has heard from him since then.
Selectman McCarthy motioned to accept the recommendation to hire pending a background check, Ricky Bortz and Aaron Epstein. Second by Selectman Thayer. Discussion: Both new recruits are effective as of July 19, 2011; Ricky Bortz is at a Grade X, step 1, $11.70 per hour. Aaron Epstein is at Grade X, step 2, $11.99 per hour. Vote: Unanimous.
- Public Hearing Re: Adoption of a Traffic/Roadway Construction Ordinance
Chairman Foote opened the Public Hearing to adopt a Traffic/Roadway Construction Ordinance.
Police Chief Streeter explained that he appeared in front of the Board and recommended this ordinance to help sustain the town’s gasoline fund and to ensure that the safe, constant and consistent flow of traffic is maintained in and adjacent to construction areas on public ways within the Town of Newton.
A discussion took place on the past practice of using a firefighter when needed during a call and whether this ordinance applies to them. Streeter replied that this ordinance provides for only police officers. The fire department can create their own ordinance which will give them the opportunity to charge for the same service. This ordinance is police specific and we would have to hold another hearing if we were to amend it tonight.
Resident Jay Pramberg added that he was reading the minutes and this ordinance is about public safety and he was not sure if this is the appropriate way to fund this account; not sure if it is about safety or if it is about a tax.
Chief Streeter explained that this is about both, public safety and a money thing as well. The money has to come from someplace and this has been an effective way to fund the gas account.
Fire Chief Ingalls asked if there is no uniform officer available then can we use flagman. Chief Streeter responded that the use of flaggers shall only be used as approved by the Police Chief or his designee.
Chairman Foote motioned to adopt the Traffic/Roadway Construction Ordinance per RSA’s 31:39, 41:11, 47:17 VII, 105:6. Second by Selectman McCarthy. Vote: Unanimous.
- NH Highway Safety Agency Grant – Joint Approval & Agreement Forms
Police Chief Streeter explained the grant application for the anticipated award of $3,353 from NHHSA for crash reconstruction equipment. The department already has some related equipment for this purpose which was purchased last year. The proposed award would complete the department’s need in this area for the foreseeable future. The award requires matching funds which is available within the police budget. The equipment and software called photogrammetric will help document a scene faster, it is also arguably a more accurate method of obtaining measurements. Chief Streeter added that last year there was an accident in front of Route 108 and it took several hours taking measurements.
Chairman Foote motioned to sign the NH Highway Safety Agency Grant application from the Police Department for the crash reconstruction equipment. Second by Selectman Thayer. Vote: Unanimous.
- Transfer Station Re: Electrical Work
Chief Building Official Ron LeMere was present and discussed the additional electrical work completed at the Transfer Station to change the telephone wires from overhead to underground. This was done when the major electrical repairs/upgrade took place last month and was discussed with the electrical contractor as well as the Transfer Station Manager and Chief Building Official Ron LeMere. LeMere reviewed the bill for this work and the material cost is well in line for this upgrade; after speaking with the electrical contractor this morning a half an hour was taken off the bill to a reduced and final cost of $572.50. LeMere added that the work was done without a change order; we missed the mark in obtaining approval before the installation. In the future, we will make sure that any changes to the scope
of work will be brought forward before the work is completed.
Chairman Foote motioned to accept the cost of $572.50 for the electrical work to the phone line at the Transfer Station. Second by Selectman McCarthy. Vote: Unanimous.
- Public Hearing per the request of resident Russell Riccio Re: Property inspections
Present were Chief Building Official Ron LeMere and Ken Knowlton, MRI Compliance Assistant Consultant
Chairman Foote read a letter dated today from Russell Riccio of 58 Peaslee Crossing Road requesting to cancel the hearing before the Board of Selectmen this evening. He asked to reschedule the site walk requested by Ken Knowlton, preferably in the month of August and asked to have Knowlton contact him with the date that works for him. This hearing was originally scheduled due to a request from Russell Riccio dated June 22, 2011 requesting a hearing with the Board of Selectmen.
Chief Building Official Ron LeMere spoke on the need to give Ken Knowlton some direction or a decision on a timeline or a cutoff date as to when we can come to an agreement to bring some type of closure to this ongoing code compliance issue.
Ken Knowlton gave a history of his inspections at this property and the correspondence he sent out to M/M Riccio over the past year. Knowlton added that the Selectmen hired him to inspect four properties that had a court judgment against them; three of the property owners are working with him, Riccio has been uncooperative and has canceled many meetings. Knowlton added that this gentleman does not want him on the property; the inspection with then Selectman Robert Donovan on January 8, 2011 was inconclusive due to blue tarps covering quite a number of areas throughout the property making it impossible to determine what was under them. Knowlton will try to schedule another inspection and would like someone there as a witness. LeMere added he will attend the inspection with Knowlton but we need a timeline. Knowlton will send out a letter to Riccio in order to schedule the site walk.
The Board took a ten minute recess at 6:30pm.
The Board came out of recess at 6:40pm.
- Notice of Intent to Cut Wood or Timber from Country Pond Fish & Game
Present were John Young of Country Pond Fish & Game, John Galloway of Galloway Trucking and Road Agent Mike Pivero.
The Board set this meeting to help understand what activity is taking place at Country Pond Fish & Game per the Notice of Intent To Cut Wood or Timber to cut 10 acres on a 40 acre lot Map 005-05-012 and 005-05-013.
Mr. Young spoke on the purpose is twofold to harvest the timber and they are working to establish a tree farm with the assistance of USDA Natural Resources, a Federal Program. John Galloway has done the work on the logging. We plan on taking down and replanting without any structures and that is currently the plan.
Selectman McCarthy added that the problem with the last cut is that it affected our roads and culverts along Wenmarks Road. McCarthy asked about wetlands crossing permits and Galloway responded that this will all be done through the Federal Government program.
Road Agent Mike Pivero arrived at this time to speak on the topography of the land and the effect on the drainage on the roads. Pivero asked what is the master plan for with the last clear cut it added surface water and the past three to four years the 12’ culvert cannot take the watershed and it floods the campground and some residents on Country Pond. Pivero added that he is curious to see what the plan shows for drainage; Galloway responded that after the timber cut the area will be leveled out and replanted. He added that a lot has happened along the road that could have affected the flooding mentioned by Pivero.
The Board agreed that probably the best would be to hold a site walk to look at the contours and see the proposed contours.
Chairman of the Planning Board Jim Doggett added that an excavation permit must be pulled if you are going to remove 100 cubic yard of land. Alteration of Terrain, a state permit may also need to be pulled for this project.
Chairman Foote motioned to accept and sign the Notice of Intent to Cut Wood or Timber at Tax Map 005-05-012 and 005-05-013. Planning Board Chair Jim Dogget asked to hold the site walk first for the town has spent a lot of funds in the past due to a litigation issue. Galloway responded that the cut is away from the range; only a road coming through to the tree farm.
Road Agent Pivero asked which roads they plan to use? Pivero informed Galloway to not use Whittier Street but to stay on Pond Street to Route 108. Galloway agreed to this route.
The Board discussed that they are required to sign the Notice of Intent to Cut Wood or Timber within 30 days; it is a state form used for tax purposes. Therefore the Board will sign the form tonight and scheduled a site walk on Friday at 9am (which was subsequently changed to 11am) at Country Pond Fish & Game.
- Proposed fine schedule for the Solid Waste Ordinance
Transfer Station Manager Kevin Jolicoeur was present to discuss a proposed fine schedule to be adopted as part of the Solid Waste Ordinance. Jolicoeur added that first he want to reiterate that his employees do not start documenting a file until after the third time an offense takes place. This fine schedule is for extreme measures and documented incidents.
The Board went through the schedule and discussed the pros and cons and decided to table this item until they have a chance to review the schedule with Chief Streeter for he helped prepare this document.
Jolicoeur added that we are now re-educating the public based upon the passing of the Transfer Station Ordinance in March. Jolicoeur added that the staff is working with the residents to assist them when needed; the ordinance is for the safety of the employees and the other patrons.
Jolicoeur added that the fee schedule cannot not be upheld legally until it is approved at Town Meeting.
Selectman Thayer motioned to table this item until we speak with the Police Chief and Transfer Station Manager Kevin Jolicoeur together. Second by Chairman Foote. Vote: Unanimous.
- Announcements
- Other Business, Sign Manifests, Requisitions, Abatements, Tax Credits, Correspondence and Appointments
The Board signed the Payroll Manifest for the period of July 6th – July 16, 2011
The Board signed the Vendor Manifest in the amount of $64,136.31 dated July 18, 2011.
Selectman McCarthy motioned to change Lisa Babcock, Swim Coordinator from an hourly rate of $12.88 per hour/37.5 hours per week to be paid a salary of $483.00 per week effective July 3, 2011. Second by Chairman Foote. Vote: Unanimous.
Chairman Foote motioned to approve a Permit for Use at the Town Beach on Friday, July 22nd from 6pm to 8:30pm by the Sanborn Babe Ruth. Second by Selectman Thayer. Vote: Unanimous.
The Board reviewed a letter from the State of NH Department of Revenue (DRA) regarding the review of the six assessment areas in town that was found to have met all the guidelines per the Assessing Standards Board.
The Board reviewed a “Newton Town Beach and Swim Program Emergency Action Plan” which outlines a guide to all beach staff for a variety of possible emergencies.
The Board accepted a letter of resignation from Gary Bezemes due to personnel reasons. His last day at the Transfer Station will be July 24, 2011.
The Board signed a Timber Tax bill for a total of $194.56 for lot 10-2-10-9 and 10-11 for Ann Miles, East Kingston.
VIII. Nonpublic Session under RSA 91-A:3 II (b) – Permit Clerk and (c) – Transfer Station
Chairman Foote motioned to go into nonpublic session under RSA 91-A:3 II (b) – Permit Clerk and (c) – Transfer Station at 7:35pm. Second by Selectman McCarthy. Roll Call Vote: All in favor.
Chairman Foote motioned to close the nonpublic meeting at 8:19pm. 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 the following;
The Board unanimously motioned to hire Barbara White as the Building Department Permit Clerk at Grade VI, step 2, $9.86 per hour with a six month probationary period. The Board informed LeMere of the need to do a background check. The effective date will be given at a later date for no start date has been decided upon at this time. LeMere is looking to start White in approximately 30 days.
The Board unanimously motioned to hire Town Assessor Andrea Lewy to start the process of reviewing abatement applications for the residents that are on a priority basis. Rate of pay to be determined at a future meeting with the Town Assessor.
The Board unanimously motioned to send a violation letter as outlined and prescribed in the town’s Transfer Station Ordinance to resident Reese Evans of 2 Crystal Lane.
The Board called Kim Hughes, Payroll Administrator at home regarding the monthly payroll schedule.
Selectman Thayer motioned to adjourn the public meeting at 8:20pm. Second by Chairman Foote. Vote: Unanimous.
Respectfully Submitted,
Mary B. Winglass, Office Manager
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