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April 17, 2012 Board of Selectmen Minutes
NEWTON BOARD OF SELECTMEN
DATE: TUESDAY, APRIL 17, 2012
TIME: 4:30PM
LOCATION: NEWTON TOWN HALL, 2 TOWN HALL ROAD

PUBLIC MEETING

  • Call to Order, Roll Call Vote
Chairman McCarthy called the meeting to order at 4:38pm.  In attendance were Chairman Trisha J. McCarthy, Selectman Raymond D. Thayer, Selectman Charles R. Melvin 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
Nonpublic Meeting under RSA 91-A:3 II (c) - Assistance; (b) - Transfer Station

Chairman McCarthy motioned to go into Nonpublic Meeting under RSA 91-A:3 II (c) - Assistance; (b) - Transfer Station at 4:30PM.  Second by Selectman Thayer.  Motioned passed with unanimous roll call vote.

Chairman McCarthy closed the nonpublic session at 5:33pm.  Per a 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 is sending out letters to three residents regarding their property taxes.
  • Selectman Thayer motioned to hire Ricky Harris, III with a six-month probationary period effective April 18th at Grade V, step 1 as a Floating Transfer Station Attendant.  Second by Melvin.  Motion passed; Chairman McCarthy abstained.
  • Selectman Thayer motioned to hire David Doughty with a six month probationary period effective April 18, 2012 at Grade V, step 1 as a Floating Transfer Station Attendant.  Second by Melvin.  Motion passed with a unanimous vote.
Chairman McCarthy called the public session back to order at 5:44pm

  • Approval of Minutes (Review prior to meeting)
  • Selectmen’s Public Meeting minutes dated April 3, 2012 and April 7, 2012
  • Selectmen’s Nonpublic Meeting minutes dated April 3, 2012
Selectman Melvin motioned to accept the Selectmen’s Public Meeting minutes dated April 3, 2012 and April 7, 2012 as written.  Second by Thayer.  Motion passed with a unanimous vote.

Selectman Thayer motioned to accept the Selectmen’s Nonpublic Meeting minutes dated April 3, 2012 as written.  Second by Melvin.  Motion passed with a unanimous vote.

  • Scheduled Business
  • Historical Society Re: Cleaning of the Marshall House
The Board reviewed a letter from Bill Landry, President of the Historical Society requesting the Board of Selectmen to show support of the efforts of the society and approve the cost, once again, for cleaning the Marshall House Museum which is owned by the Town of Newton.  The Marshall House is scheduled for opening to the public on Sunday, June 3rd and Sunday September 24th.  

The Board reviewed the cost to clean the Marshall House twice this year to coincide with the opening dates; the first cleaning will cost $125 and the second cleaning cost only $75 per a quote from La Butlers Residential and Commercial Services.  The Board unanimously approved the cleaning at the Marshall House for a total of $200 to be paid from General Government Buildings budget.

  • Request from owners of the Hen House Sports Bar & Grille for a letter to the State Liquor Commission
The Board reviewed documentation surrounding the Board’s decision to grant the Hen House to serving liquor in an outside patio area not to exceed 4 chairs and 2 tables in a letter dated August 10, 2011.  This year they are installing a 12x20 deck and they are asking for the Selectmen to send a letter to the NH State Liquor Commission stating that they have no objection to the Hen House serving liquor in an outside area.  As far as seating on the deck, it is being addressed by Fire Chief Bill Ingalls but they are not adding to the already serving capacity of 85.

Selectman Melvin stepped down from voting on this request for the Hen House is a direct abutter to his property.  Melvin added that he spoke with Chief Building Official Ron LeMere and he asked for the Selectmen to wait on giving any approval until the deck is complete for he wants to check for wheelchair accessibility for there is a concern with the placement of the tables.  Melvin stated that he also checked with Code Enforcement Officer Laurence Middlemiss who stated that they determine the occupancy by the square footage.  The Board decided to hold off until they receive word that the Department of Building Safety has signed off on the construction of the deck and they give input on occupancy/placement of tables.

  • Memo from Police Chief Streeter Re: Parking on NBSA (Newton Baseball & Softball Association )Opening Day Saturday, May 5, 2012
The Board reviewed information from Police Chief Streeter regarding the parking on baseball opening day.  Last year vehicles parked on both side of Heath Street which reduced the road as narrow as eleven (11) feet as well as parking on a sharp corner where vision was limited making it a very dangerous situation.  Streeter recommended the Selectmen vote under the provisions of RSA’s 31:39, 41:11, 47:17 VII to allow parking on the south side (Greenie Park) side of Heath Street only.  Streeter added that he will then “cone” the area on opening day.

Selectman Thayer motioned that under the provisions of RSA’s 31:39, 41:11, 47:17 VIII to sanction the arrangement to park on the south side of Heath Street only; on the Greenie Park side of the road for the day of May 5, 2012 with a rain date of May 6, 2012.  Second by McCarthy.  Discussion: McCarthy asked if we only want this for one day; Streeter responded that he had not thought of it beyond that.  To put a long term parking ban in place permanently would require a public hearing and it might be worth it for consistency as far as parking rules and regulations.  The Board decided to do the one day restriction for now and Police Chief Streeter will work on an ordinance.  Motion passed with a unanimous vote.

  • Discussion on the status of 2 Amesbury Road (former Police Station)
A discussion took place on the status of the old Police Station located at 2 Amesbury Road.  Streeter was present to give an update on the move.  Some of the rooms at the new location are still in the process of being completed and once the renovations are complete then he will move out the remaining items from 2 Amesbury Road.  The trailer is empty, the electricity has been disconnected at the electrical panel inside the building and inside the trailer; the only thing left is to remove the 6x6 beam as well as the electrical wires that are still attached to the trailer.  The Board approved Winglass to call the owner of the trailer by Friday to inform them that they can pick up the trailer which will give us enough time to remove the beam and wires.  Melvin offered to move the beam as he just wants to get it done, get it cleaned up and get it sold.  

Streeter responded that if the Board wants to hire someone to do the work then do it for he is only able to work on it as time allows.  Streeter added that he will file for an injunctive relief with the court to clean out the storage trailer.  Streeter still needs to go through the building at 2 Amesbury Road which can only be done by him at this point.  Once he has gone through it then the Board can hire whoever they want to move forward with preparing the building to be sold.

Road Agent Mike Pivero added that he donated the jersey barrier located near the propane tanks as protection for the tanks.   The Board asked for Winglass to contact Palmer Gas/Ermer Oil to remove the tanks and to address a rebate for the fuel in the tanks.  Winglass will contact the Road Agent once the tank removal has been scheduled so he can remove the jersey barrier.

The Board discussed the option of preparing a plan to address what needs to be done at 2 Amesbury Road before it can be put on the market.

  • Application for Permit for the use of Greenie Park from NBSA
NBSA President Brian O’Rourke and Scott McGough were present as well as Road Agent Mike Pivero, Transfer Station Manager Kevin Jolicoeur and Sue DiMercurio, Recreation Commission.

Chairman McCarthy started the conversation by reading an email from Brian O’Rourke on another successful Greenie Park cleanup done by volunteers of the NBSA and thanked Kevin Jolicoeur and Mike Pivero for their support.  O’Rourke also thanked Tim Hajjar of T & M Property Maintenance for volunteering more than an hour of his crew time and equipment to help with the cleanup.

The Board then announced that the Health Inspector along with the State Inspector gave their approval on the construction of the septic system at Greenie Park.  The only issue the State Inspector had is with the well cover for it was cracked and they would not give a final approval on the septic until this was completed.  Health Inspector Bob Leverone contact Comac Pump and Well who promised to replace the well cap the next day at a cost of under $250; Leverone scheduled the work to be completed.  Road Agent Mike Pivero confirmed that the work was done on the well cover the following day.

The reason for this meeting is to deal with the trash issue at Greenie Park.  Chairman McCarthy stated that the town is dealing with a default budget and we have been trying to figure out how to deal with the trash and need to figure it out, once and for all.
McCarthy referenced a 2006 ordinance for our town parks and recreation areas which states that we have a carry in/carry out policy for trash at Greenie Park; if we give NBSA bags to pick up the dugout area and they have the dumpsters to put the trash bags in then we should be able to follow through with the carry in/carry out policy.

Selectman Melvin questioned why NBSA cannot help empty the trash barrels.  Brian O’Rourke responded that although many coaches and assistant coaches do empty the trash barrels he does not feel that it should be their responsibility to do it.  A discussion ensued regarding the area to be cleaned and it was noted that the only area they are looking to have cleaned up by NBSA is the baseball area; the town will take care of the skateboard and basketball areas plus the canopy area.   O’Rourke added that he is already asking a lot from his volunteers for they are already spending 3 ½ hours at the field before, during and after the game.
Community service was discussed as an option but all that were present were not in favor of removing the barrels for it will only foster littering.  The Board discussed that they were able to resolve the trash issue at the Town Beach for the lifeguards will be responsible for cleaning up and emptying the trash as part of their job.

McCarthy questioned if we could use funding from the Recreation Revolving Checking Account but after a discussion it was determined that the funds from this account can only be used for improvements not maintenance.

Road Agent Pivero added that when the Road Crew is working in that zone they clean the park but they are part of the mix not the solution to the problem.  Pivero added we need to leave the barrels for otherwise you are taking away the option of disposing trash properly.

Transfer Station Manager Kevin Jolicoeur added that he feels we need someone to pick up the park three times per week; each time would be about an hour and a half to pick up the park and empty the trash barrels.  Jolicoeur added that he just hired two floaters at the Transfer Station and he will watch to make sure they keep their hours under the allotted hours.  It was discussed that not all the barrels have been put out at the park; we need one barrel at each set of bleachers (3) and another at the storage area.  

The Board finalized the issue by stating that NBSA will police their area and put trash in the barrels.  NBSA will take the trash off the field and put them in the barrels and when the town empties the barrels they will include the baseball area.  

Jolicoeur will get all the barrels out and make sure we have holes punched into the bottom.  Jolicoeur will oversee the trash pickup schedule to include signing off on the payroll forms with the cost to come from the Recreation budget.  Recreation Commission Secretary Sue DiMercurio responded that she is not sure how Recreation will come up with the funds to cover the cost and asked Jolicoeur to copy her on all the payroll submitted to be paid from Recreation.  

Selectman Melvin motioned to approve the Application for Permit for the use of Greenie Park to Newton Baseball and Softball Association and that they will police the area and take care of whatever they can and we will take care of the rest.  Second by Thayer.  Discussion:  Thayer asked how long we are going to try this.  The Board decided to continue this for the season but we cannot over expend the budget so when we run out of money we need to stop.  Recreation Commission’s budget will pay for the cost and Jolicoeur will make sure a separate time sheet is submitted so we can track the cost for this year.  Motion passed with a unanimous vote.


Public Hearing per RSA 31:95-b to accept and expend unanticipated funds in the amount of $35,653.85 from FEMA representing the Federal share of the total approved eligible costs for the period of October 29th to October 30th.  During the incident period winds and snowstorms resulted in downed trees, limbs and debris throughout the town.

Chairman McCarthy opened the public hearing at 7:50pm.

McCarthy read the notice to accept and expend under RSA 31:95-b unanticipated funds in the amount of $35.653.85 from the Federal Emergency Management Agency representing the Federal share of the total approved eligible costs for the period of October 29th through October 30th, 2011.  

There were no questions or comments from the public.

Chairman McCarthy motioned to accept and expend per RSA 31:95-b unanticipated funds in the amount of $35,653.85 from FEMA representing the Federal share of the total approved eligible costs for the period of October 29 - 30, 2011.  Second by Melvin.  Motion passed with a unanimous vote.

Chairman McCarthy closed the public hearing at 7:51pm.

  • Announcements
Highway Laborer - Chairman McCarthy read a help wanted advertisement for a part time Highway Operator/Laborer for approximately 30 to 34 hours per week.  A CDL license and a High School diploma or GED is required.  In addition, the town is looking to hire a seasonal laborer for approximately 15 - 20 hours per week; High School diploma or GED required.  Send resume or complete an application no later than May 21st to the Town Hall.

Selectman Melvin asked to exclude the CDL requirement for he was told that it would be easier to fill the position without the CDL requirement.  Road Agent Pivero responded that we will get applicants in with the CDL requirement; applicants will apply with or without having their CDL.  Pivero added that we need the CDL as it is an important factor with winter maintenance.  

Melvin asked to remove the CDL requirement; both McCarthy and Thayer agreed to keep the CDL requirement in the advertisement.

  • Other Business, Sign Manifests, Requisitions, Abatements, Tax Credits, Correspondence and Appointments
Recreation Commission

The Board reviewed an email from Recreation Commission Secretary Sue DiMercurio asking for the Board to hire Maia Drucker as the Swim Coordinator.  The Recreation Commission has not met yet to make this decision or to determine her rate of pay as well as her contract specifications.  

The Recreation Commission is meeting tonight at 7 - 7:30pm and DiMercurio will propose a salaried position for Drucker and to consider paying for her training and writing a stipulation that this will be a three year contract.  The training cost is approximately $300 for Lifeguard and $355 for Swim Training (Water Safety Instructor).

Chairman McCarthy added that Maia has already completed a background check for she already works for the town and she has taken the NIMS 100 & 700 Certification.

Selectman Thayer asked how much we spent on training last year and where is the money coming from to pay for training. DiMercurio responded that we did not spend any money on training last year and training can be paid out of the beach supply line item.  Thayer asked how many days will she will be working; DiMercurio responded that she will work 37.5 hours/ 5 days per week with 2 days off.  Drucker will be in charge of the lifeguards, swim program, arts and crafts and maintenance of the beach.

Chairman McCarthy added that the Police Department pays for training in full and if someone does not pass or leaves the position they are responsible to reimburse the town per their contract.  The cost is prorated over the period of three years.  The Board discussed that the town pays for employees time spent at training plus mileage.  

Chairman McCarthy motioned that we approve Maia Drucker as our Swim Director and pay for her class to go to Concord at a cost of $355 for a Water Safety Training in Concord and for her training to the Seacoast YMCA in Portsmouth for Lifeguard Training at $240.  Drucker is already completed CPR and First Aid, has completed a background check and NIMS training for Emergency Management.  Based upon the recommendation of the Recreation Commission, Chairman McCarthy moved to accept Maia Drucker for this position and pay the cost in exchange for a three year contract and should she leave prior to three years she would have to cover the cost of training.  Drucker to be paid for her time in class and mileage to class.  Selectman Melvin added “and her meals”; after a discussion it was decided to pay for her meals and for Drucker to bring back receipts.  To be paid from the Recreation budget.  Second by Thayer.  Motion passed with a unanimous vote.  

Transfer Station

Transfer Station Manager Kevin Jolicoeur gave the Board information on a municipal lease for the purchase of a backhoe loader.  Chairman McCarthy questioned if the Road Agent could get this equipment through the government surplus program and Selectman Thayer suggested that Jolicoeur look at the Town and City, a publication of New Hampshire Local Government Center.  Jolicoeur gave the Selectmen three (3) quotes for the Boards review and consideration.  Chairman McCarthy added that with this purchase we could save in labor for right now we pay $80 rent to use this equipment.  Jolicoeur added that what the Road Crew does now saves Jolicoeur two days in what he can do with the town’s Kubota.  This will help continue to save on manpower for when the Road Crew comes over to push down the piles it saves the town over $200 each time but unfortunately they are not always available.  Selectman Melvin added that there is quite a bit of savings with this purchase for it can also be used to plow, to push snow banks back and does not require the town to hire for this job.  Melvin added that this equipment can also be used to dig out a culvert instead of hiring another piece of equipment at $75 per hour.  

Jolicoeur added that he is giving the Board the information tonight, quotes from three companies and if the Board has any questions, the contact name is on each quote.  Warranty information and description of the equipment is included in the packet.  

Selectman Melvin questioned if the quote has a “thumb” on it; Jolicoeur was not sure and will contact the companies for if it is not included he will find out how much it would cost.  The Board will review this item again at their May 1st meeting  

  • The Board signed a State of New Hampshire Intent to Cut for a 3.3 acre lot, Map 016-01-001.
  • Chairman McCarthy announced that today’s Seabrook Drill went off without a hitch and the town received raving reviews.  
  • Chairman McCarthy discussed that back in January 2012 the Fire Chief came to the Board with a presentation for the purchase of a Fire Department Command Vehicle.  The Board approved the lease payment option for the purchase of this vehicle and since then the Fire Chief has been working on a better interest rate.  McCarthy had the paperwork for a lease option with a reduced interest rate from the Fire Chief.  McCarthy could not find the interest rate on the paperwork; the Board decided to wait until they had a chance to review all the documentation.  Selectman Melvin responded that he does not have any input for he in not intending to sign it for he has been against it from the beginning.
  • Appointment of Maia Drucker per the recommendation of the Recreation Commission
Selectman Melvin motioned to appoint Maia Drucker as a member of the Newton Recreation Commission with an expiration date of April 15, 2014.  Second by Selectman Thayer.  Motion passed with a unanimous vote.

  • The Board signed a Vendor Manifest dated 4/16/2012 in the amount of $44,697.11.
  • The Board signed a Vendor Manifest dated 4/13/2012 in the amount of $8,924.26.
  • The Board signed a Vendor Manifest dated 4/6/2012 in the amount of $195.52.
  • Adjourn
Chairman McCarthy adjourned the meeting at 8:13pm.

                                                        Respectfully Submitted,


                                                        Mary B. Winglass, Office Manager