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May 29, 2012 Board of Selectmen Minutes
NEWTON BOARD OF SELECTMEN
DATE: TUESDAY, MAY 29, 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 4:32pm.  In attendance were Chairman Trisha J. McCarthy, Selectman Raymond D. Thayer, Selectman Charles R. Melvin, Sr., Town Administrator Nancy J. Wrigley and Office Manager Mary B. Winglass.  The meeting was audio taped; minutes were transcribed and typed by Office Manager Winglass.  

Chairman McCarthy motioned to go into Nonpublic Session under RSA91-A:3 II (b) - Highway Department.  Second by Melvin.  Motion passed with a unanimous roll call vote.

Chairman McCarthy motioned to close nonpublic at 5:18pm.  Second by Melvin.  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 unanimously approved hiring Kyle Kozec as a Seasonal Laborer for the Highway Department at Grade IV, step 2, with a start date of June 4, 2012 with a two week probationary period.  The Board decided that it is necessary to run a background check on all town employees as this is the town’s policy.
  • The Board unanimously approved to recalculate Thomas Drowdy’s rate of pay from December 19, 2010 to May 19, 2012 by 2.5% due to an administrative error.  This will put Thomas Drowdy, Transfer Station Floater at Grade V, step 4 effective May 20, 2012.
  • Pledge of Allegiance
  • Introduction of Guests
  • Approval of Minutes (Review prior to meeting)
  • Selectmen’s Public Meeting minutes dated May 1, 2012, May 4, 2012 and May 15, 2012
  • Selectmen’s Nonpublic Meeting minutes dated May 1, 2012 and May 15, 2012
The Board did not accept the minutes due to requiring additional time to review them.

  • Scheduled Business
  • Continue review of Certificate of Insurance Waiver - IT Consultant
IT Consultant Sylvania Maddock was present to discuss the option of a waiver from the  insurance requirement per the town’s purchase policy.  Maddock stated that she cares about this town, she has worked here for 26 years and at times has worked on a shoestring budget.  She has worked within the budget constraints by helping in any way possible but when it comes to requiring insurance it makes no sense in her mind.  Maddock added that it is like requiring flood insurance when you live on a mountain.    

Computer hardware is a small part of what she works on and the most expensive piece of equipment that we have has a value of under $1,000.  She has looked at liability insurance and had a hard time finding a policy that makes sense due to the deductible.  Maddock added that she is here to appeal to the town, we are now six months into her 2012 contract and the cost was not factored into the contract and could be revisited for next year’s contract.  Troubleshooting is Sylvania’s main job; she added that there is truly nothing that she cannot fix and has proved herself over 26 years.

Sylvania stated that she can get an insurance policy and the town will not file any claim therefore it feels like throwing away money.  Selectman Melvin added that he does not feel that Sylvania needs an insurance policy but a $50,000 bond which is much cheaper.  Melvin stated that per the town’s purchase policy states a “bond and/or insurance requirements” and if we give an insurance waiver today then there are others that will come in with the same logic.  We need to follow the same policy all the time.

Sylvania asked if there can be some sort of concession for she has worked for the town for 26 years and feels that she should be grandfathered.  Sylvania addressed the bonding issue and basically it comes down to a trust issue.  Chairman McCarthy added that bonds are reasonable in cost; Sylvania asked what does the town require for coverage.  Sylvania was given a copy of the town’s purchase policy.  Sylvania added that she would understand if she was a new contractor coming in but she feels she is grandfathered from this requirement.

Sylvania explained that software is not covered if the town develops a “virus” for she did not develop the antivirus software.  Melvin responded that he did not write this purchase policy.  Town Administrator Wrigley added that she checked with other towns and they do not require liability insurance from their IT Consultant.

Both Melvin and McCarthy were familiar with bonding and explained that it is easy to obtain and covers the town’s requirement per the purchase policy covers wrongful act.  Wrigley added that if Sylvania drops it, she said that she would fix it.   

The Board discussed looking at the town’s purchase policy this year but in the meantime they asked Sylvania to explore a bond for $50,000; Melvin asked to do this within the next 30 days.  McCarthy asked Sylvania to explore a bond and get back to us within a little bit of time.

  • Update of well pump and tank at the Gale Library
The Board reviewed a requisition for a total of $3,550 for the replacement of the water pump and tank at the Gale Library.  An additional cost of $650 was need for the 400’ of replacement ground wire that was discovered once the pump was removed.  The Board signed the requisition.

  • Re-appointment Peter Mears as a Conservation Commission Member
Selectman Melvin motioned to approve the re-appointment of Peter Mears as a member of the Conservation Commission as of today’s date with an expiration date of April 15, 2015.  Second by McCarthy.  Motion passed with a unanimous vote.  The Board signed the appointment.

  • Review of Personnel Policies
The Board reviewed the town’s Personnel Policies and Procedures for they had a permanent part time employee ask about the vacation schedule.  After a discussion, the Board decided to all read it over to better understand it.  McCarthy will check with other town’s personnel policies; the town will revisit this item on June 19th in a work meeting.  

  • Community fundraising for a playground at Greenie Park
Present were residents Joe Borowy and Jennifer Klopotoski; Recreation Commission members Heather Borowy and Sue DiMercurio.

The Board read an email from Heather Borowy stating that there are residents that are very interested in starting a fundraising project for new playground equipment at Greenie Park.  McCarthy asked if this would be a committee under the Recreation Commission.  Heather responded that the residents clearly want to do this with recreations and selectmen’s approval but they want to be the one driving the bus, making the decision.  McCarthy responded that if you want to complete the fundraising they can do it without the towns blessing, they can donate the funds to the town.  It was discussed that they want the fundraising guaranteed to go to the playground and not the skateboard area.  Jen Klopotoski added that she feels that it needs to be connected to the Recreation Commission for if she goes knocking on someone’s door then they need the town behind their efforts.  Jen added that there is enough stay at home moms that would like to work on this project but do not want to join the recreation commission.  They do not want to be questioned, they want to be involved without the commitment and having Friends of the Recreation Commission sounds like a great avenue.  Sue asked about the requirement of a subcommittee to meet similar to the Trails Committee.  The group attending the meeting was encouraged to contact the Friends of the Gale Library to find out how they operate.  

Selectman Thayer is currently looking for grants and Sue brought up the need to hire a consultant to determine the placement and feasible option for the use at Greenie Park.
A discussion took place regarding the recreation savings account and how this account could be used for donations.  A discussion took place on setting up a private nonprofit organization would be complicated with insurance etc, and the best way is to have a committee that falls under the town’s nonprofit status.  Using the town’s recreation savings revolving account to deposit donations allows us to expend funds without requiring a town meeting vote.  Expenditures for a dance party were discussed and it was discussed that the saving account can be used for this purpose as long as what is going into the account is more than what is taken out.

  • Sign Independent Accountant’s Compilation Report - Year Ending 2011
The Board signed the Independent Accountant’s Compilation Report - Year ending 2011 - MS-5.

  • Continue review of 2 Amesbury Road
The Board discussed the continued work that needs to be completed at 2 Amesbury Road.  The Board reviewed two quotes from Patrick McCusker, Electrician related to the generator.  

The first quote is to disconnect the generator and rewire service inside for a total labor of 3 hours at a cost of $175.00.

The second quote is to clean up the electrical wires outside and inside related to the generator for a total of 1 man, 2 hours at a cost of $100.00.

Selectman Melvin and Town Administrator Wrigley questioned McCusker’s labor cost and asked to receive clarification.

The Board then reviewed a quote from Patrick McCusker, Electrician to repair the riser of service to make it higher and guide to roof for a total cost of $600.00.  This quote was prepared by McCusker per a conversation with Electrical Inspector Dan Reilly.  The Board asked for clarification from the building department since they do not want to put any funds into this building unless absolutely necessary.

Selectman Melvin addressed the oil tank that is underground that feeds the heating system.  Melvin stated that the town is responsible to take the tank out of the ground before it can be sold.  The tank is located under the hot top and Melvin added that the only rules that he is aware of when removing the tank is that the Fire Chief must be present.  Chairman McCarthy added that we will also need to test the soil.  The Board asked for Office Manager Winglass to work on the bid specifications and to check with the building department on the code regulations for this work.

Office Manager Winglass informed the Selectmen that she did some research and found some commercial real estate agents in the area.  This was done in order obtain three comparative market analysis once all the work is completed at 2 Amesbury Road.  The Board decided to take a look at the success record of commercial real estate agents in the area in order to give some guidance for a market analysis.

  • Announcements
  • Other Business, Sign Manifests, Requisitions, Abatements, Tax Credits, Correspondence and Appointments
  • The Board approved and signed two Intent to Cut for Todd Fitzgerald for land on Pond Street Map 004-05-013 lots 13-10, 13-11, 13-12, 13-13 and off Route 108 Map 013-02-015 (Zena Lane).
  • The Board approved a Veterans Credit for Tax Year 2013 for 15 Bootland Farm, Map 008-03-11-1.
  • The Board signed the Vendor Manifest dated May 28th for $484,352.56 which includes a school payment of $445,562.00
  • Adjourn
Chairman McCarthy adjourned the meeting at 8:05pm.

                                                        Respectfully Submitted,


                                                        Mary B. Winglass, Office Manager