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May 15, 2012 Board of Selectmen Minutes
NEWTON BOARD OF SELECTMEN
DATE: TUESDAY, MAY 15, 2012
TIME: 4:30PM
LOCATION: NEWTON TOWN HALL, 2 TOWN HALL ROAD

PUBLIC MEETING

  • Call to Order, Roll Call Vote
Selectman Thayer motioned to open the public meeting at 4:32pm.  In attendance were Selectman Raymond D. Thayer, Selectman Charles R. Melvin, Sr., Town Administrator Nancy J. Wrigley and Office Manager Mary B. Winglass.  Minutes were transcribed and typed by Office Manager Winglass.

Chairman McCarthy was not in attendance.

Selectman Melvin motioned to go into a Nonpublic Meeting per RSA 91-A:3 II (a) - Transfer Station; (c) - Taxes.  Second by Thayer.  Motion passed with a unanimous roll call vote.

Selectman Melvin motioned to close the nonpublic meeting at 4:47pm.  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 approved a merit increase for Bonnie Burnham, Transfer Station Attendant from Grade V, step 7 to step 9 effective May 13, 2012.
  • The Board is sending a response letter to a resident regarding her 2011 taxes.
  • Pledge of Allegiance
  • Introduction of Guests
  • Approval of Minutes (Review prior to meeting)
  • Selectmen’s Public and Nonpublic Meeting minutes dated May 1, 2012
The minutes were not reviewed prior to the meeting.



  • Scheduled Business
  • Addendum to Purchase and Sale Agreement, 8 Merrimac Road
Town Administrator Wrigley discussed that the Selectmen held a meeting on May 4th at 8 Merrimac Road with the Police Chief, Chet Bearce and Attorney Morgan who is handling the closing.  The meeting was held to clarify questions on the property taxes for 8 Merrimac Road per RSA 72:23.  All agreed to an addendum (see the May 4th minutes) and Attorney Morgan prepared the document for the Selectmen to sign.

Selectman Melvin stated that the addendum does not say that Chet has control for the first three years.  Wrigley responded that Chet reviewed the document and is happy with it.  Wrigley added that the May 4th minutes included the discussion that Chet has control and input on what may go on the property for the first three years.  Melvin responded that he has been trying to get this wording added to the addendum and he is not going to approve the addendum for it does not include the wording.    

Selectman Thayer motioned to sign the Addendum to the Purchase and Sale Agreement for the Bearce property on 8 Merrimac Road known as Map 012-06-011 as written.  No second.

Wrigley asked Melvin to call Chet tomorrow to explain his reasoning.  Melvin responded that he does not feel confident with the wording and he has already spoken with Chet about his concerns.  Melvin added that everything else is included, why is this not included for this should not be such a big deal.

Wrigley added that in the Purchase and Sales Agreement under #5a states “SELLER may use and occupy the remainder of the property in common with the Town, free of rent or utility charges, through June 30, 2015”.  Melvin responded that it does not say that he has control and input on what may go on the property for the first three years and should be included in the addendum to the purchase and sales agreement.  Wrigley added that it is in the minutes of the meeting and once voted on by the Board it becomes a permanent part of the record.  Melvin added that it should be in the agreement as well as the minutes.

Police Chief Streeter added that what our Town Administrator is saying is that per the Attorney the wording is in the original purchase and sales agreement and Chet is comfortable with the wording.  

  • Cont review of 2 Amesbury Road
Generator

Office Manager Winglass stated that this item is on the agenda in order to review some outstanding items regarding 2 Amesbury Road.  The first item is the generator and what we are going to do with it.  Thayer responded that he is not in favor of getting rid of it but to store it for now and use it for the Fire Department.  Melvin agreed and added that it can also be used as a backup generator for any building in need of one.

Selectman Melvin motioned to move the generator from 2 Amesbury Road to 8 Merrimac Road and to store it in the part that belongs to the Police Department.  Second for discussion by Thayer.  Police Chief Streeter added that a large cost to the install of the generator is the control panel and questioned if we should get an opinion on whether to pull it out as well.  The Board decided to have an electrician look at it and give the Board a proposal and opinion.  If the proposal for the moving the generator and the electrician comes in under $1,000 then we do not have to come back to the Board for an approval to get this work done.   Motion passed with a unanimous vote.

Files stored in trailer

Chief Streeter added that the old building is essentially done and cleared out and the town can move forward with cleaning the property; Streeter added that he still needs to petition the court to destroy the files in the storage trailer and will draft a petition for the review of Town Counsel within a week.

Streeter asked if the Board is looking to have the building cleaned.  Melvin responded that he is unaware of the condition of the property.  Streeter responded that it needs to be cleaned; Melvin will conduct a walk thru and will come back to the Board with a recommendation on what needs to be done to the building prior to putting it on the market.

Real Estate Broker to give us a Commercial Market Analysis  

Selectman Melvin asked Office Manager Winglass to get three Commercial Real Estate Brokers who would be willing to prepare a free certified market analysis once the building is ready and everything is in place.

Curb Stops

Winglass asked to move the curb stops that are at 2 Amesbury Road to the Town Hall.  Winglass asked for the Boards approval to cover the cost of equipment rental for this purpose.  Winglass added that the Road Crew moves the curb stops each spring and early winter and would be able to help transport them.  The Board had no problem approving this cost for it needs to get done.

  • Rockingham County Attorney’s Office Re: January 2012 through December 2013 Prosecution Contract
Police Chief Streeter explained that the January 2012 through December 2013 Prosecution Contract reflects no increase over the prior agreement.  The agreement is between the Rockingham County Attorney’s Office and the Towns of Plaistow, Kingston, Atkinson, Hampstead, Danville and Newton.  Streeter added that this agreement has been an accepted practice by the town since 2003; we have not done prosecution since then for it is and continues to be a very specialized field and they do a great job.

Thayer read the following from the agreement.  “Cases” shall mean all criminal cases filed by the Police Department of the towns in Plaistow District Court, including the arraignment and trial of non-jury criminal cases, whether Class A or Class B, and all Probable Cause Hearings for felonies filed by the Police Department and motor vehicles cases.  Cases shall include any ALS license suspension Hearings held by the Division of Motor Vehicles but not juvenile hearings held in Family Court.”

Melvin asked how many cases do they handle per year for Newton.  Streeter responded that he has the numbers but not with him tonight.  Streeter added that Newton has the third highest prosecution behind Plaistow and Kingston; they service us well but could not give the number of cases off the top of his head.  Streeter suggested to hold off from signing the agreement until the Board’s next meeting so he can bring in the figures for the Board’s review; the Board concurred.

  • Cont review of merit increases for members of the Police Department
Based upon the reconciliation between the Town Administrator and the Payroll Administrator, there are two merit increases approved at the May 1, 2012 meeting that were wrong.  The two employees are Officer DiFlumeri and Officer Thurlow and need to be re-voted from Grade XX, step 7 to step 9.    

Thayer motioned to correct the minutes of May 1st to reflect the correct Grade and Step and to change it from Grade XX, step 7 to step 9 for both Officer DiFlumeri and Officer Thurlow.  Second by Melvin.  Motion passed with a unanimous vote.

  • Per RSA 31:95-b to accept and expend unanticipated funds in the amount of $37.40 to the Newton Food Pantry from the Newton Learning Center
Melvin motioned to accept the donation of $37.50 to the Newton Food Pantry from  the Newton Learning Center per RSA 31:95-b.  Second by Thayer.  Motion passed with a unanimous vote.

  • Review of the 2012 Selectmen’s Meeting schedule
Office Manager Winglass asked the Board to review the 2012 Selectmen’s Meeting schedule due to the changes agreed upon  on May 1st.  On May 1st the Board decided to start their first meeting of each month (1st Tuesday) at 7pm allowing residents to attend the meeting.  The second meeting of each month (3rd Tuesday) will start at 4:30pm.  Both of the meetings will be televised on channel 20.  

Winglass added that some months we have a third meeting (5th Tuesday) scheduled in order to follow the vendor manifest schedule and the meetings are usually a “work” meeting in the Selectmen’s Office.  Winglass asked the Board to determine the start time for third meetings.  Melvin stated that we only have three months left in the year that have a 3rd meeting scheduled; May, July and October.  The Board decided that the third meeting would start at 4:30pm.  

A discussion followed regarding the meeting scheduled for Tuesday, July 3rd (1st meeting of the month should start at 7pm) and it was decided that meeting would be to sign the manifest only and would start at 4:30pm.  The second meeting in July (July 17th) would start at 7pm.  

  • Request for re-appointments to the Recreation Commission
Melvin motioned that we appoint Matt Muskrat to the Recreation Commission for a term of two years with an expiration date of April 15, 2014 and to appoint Susan SiMercurio to the Recreation Commission for a term of three years with an expiration date of April 15, 2015.  Second by Thayer.  Motion passed with a unanimous vote.

  • Announcements
  • Other Business, Sign Manifests, Requisitions, Abatements, Tax Credits, Correspondence and Appointments
  • The Board signed a Certificate of Appreciation for Officer Christopher Thurlow.
  • The Board reviewed an email from the Gale Library explaining that on Friday, May 11th the library was without running water; the power outage yesterday may have been a factor in this matter.  Gale Library Director Terry Caswell checked with a couple of well companies and Epping Well was available to troubleshoot the problem.  A manual reset of the low-pressure cut-off switch was necessary to start the water pump.  This is only a temporary measure as the tank is water-logged and the ¾ hp pump is running at 20 amps; the normal amperage for this size pump is 8 max.  
The Gale Library submitted as a 2012 Building Maintenance expense an estimate from McKinney for just water works and pavement work for a total of $5,495.00 and it was submitted under the Capital Improvements Program.
The library is requesting assistance for the payment to Epping Well and Pump in the amount of $187.50 for the repair completed on May 11th.  In the meantime they are continuing to get estimates and hope to be able to expedite this repair.
The Board then reviewed an estimate from Epping Well & Pump for a total cost of $2,900 for the replacement of the water logged atmospheric tank to a wellpro 32  tank with new controls and a new ¾ hp pump.
Town Administrator Wrigley stated that she authorized the payment of $187.50 to be paid out of general government buildings budget.  As of today we have not received any other quotes and it will be another two weeks before we meet again.  Wrigley asked the Board to consider approving this repair with a “not to exceed number” and choose the lowest bid.  The Board referenced the purchase policy which requires three written estimates and a requisition.  This item will be paid out of the General Government Buildings budget, not the libraries budget and is a need not a want item for if it breaks we will need to close down the library until it is repaired.
Thayer motioned that we get three estimates and to give the authority to approve an estimate not to exceed $3,000 to replace the water pump and tank.  Second by Melvin for discussion.  Melvin is concerned with the numbers and plans to visit the property to better understand the well setup.  Wrigley added that this is a very old system.  Motion passed with a unanimous vote.

  • The Board signed a letter to Scott and Christina Herman regarding a dry hydrant
  • The Board reviewed an agenda for the Area Wide Selectmen’s Meeting on Thursday, May 24th.
  • The Board approved an abatement for Map 006-09-036 for $149.33
  • The Board signed a Welfare Manifest for $495.00
  • The Board signed a requisition from the Recreation Commission for 6x4 flags, tootsie rolls and bubble gum to give out at the Memorial Day parade
  • The Board signed a requisition from the Recreation Commission for the repair of three sprinkler heads at Greenie Park
  • The Board signed a requisition from the Fire Department for the purchase of Ten (10) Motorola Pagers - Minitor V for a total of $4,270.  
  • The Board signed a Veterans Credit approval for Map 008-03-11-26 for 2013
  • The Board signed a Veterans Credit approval for Map 008-03-11-30 for 2013
  • The Board signed a Vendor Manifest in the amount of $38,337.70
  • The Board signed a second Vendor Manifest in the amount of $700.00
  • Town Administrator Wrigley informed the Board that the Town Warrant is due today to the Town Clerk but it will not be ready until later tomorrow for we cannot pay the Town Assessor for a second day.  Wrigley asked for the Board to approve and vote on it tonight and then sign the warrant this Thursday.  Wrigley explained that the warrant is the calculation of the first tax bill and uses the prior year’s tax rate to calculate the estimated first bill.  
Thayer motioned that we allow the Tax Collector to start printing the tax bills for the first half of 2012 and once the warrant is prepared, the Board will come in to sign it.  Second by Melvin.  Motion passed with a unanimous vote.

15.   Selectman Melvin stated that he received word that last night at the Baseball Game the sprinklers went off during the game and they ended up cancelling the game.  Office Manager Winglass responded to Melvin that she placed a call to T & M Property Maintenance to find out what happened and left a message.  Winglass will update the Board when more information is available.
16.  Selectman Melvin asked Town Administrator Wrigley about the railings to the front entry way at the Town Hall.  Wrigley responded that the person who does this work is out on a medical leave.  Wrigley added that she did not see this as an urgent issue for the concern was based upon the elections and we do not have another election until November.  Wrigley will send him a letter inquiring of his future plans.

  • Adjourn
Selectman Thayer motioned to adjourn at 6:33pm.

                                                        Respectfully Submitted,


                                                        Mary B. Winglass, Office Manager