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August 7, 2012 Board of Selectmen Minutes
NEWTON BOARD OF SELECTMEN
DATE: TUESDAY, AUGUST 7, 2012
TIME: 5PM
LOCATION: NEWTON TOWN HALL, 2 TOWN HALL ROAD

PUBLIC MEETING MINUTES

  • Call to Order, Roll Call Vote
Chairman McCarthy opened the meeting at 5:01pm.  In attendance were Chairman Trisha J. McCarthy, Selectman Charles R. Melvin, Sr., Town Administrator Nancy J. Wrigley and Office Manager Mary Winglass.  The public meeting was videotaped; minutes were transcribed and typed by Office Manager Winglass.

Selectman Raymond D. Thayer was not in attendance.

Chairman McCarthy motioned to go into Nonpublic Session under RSA 91-A:3 II (a) Performance Evaluations; (b) - Hiring Bookkeeper, Swim Aide and Police Officer.  Second by Selectman Melvin.  Motion passed with a unanimous roll call vote.

Chairman McCarthy motioned to close the nonpublic session at 6:25pm.  Second by Selectman Melvin.  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;

Chairman McCarthy made the following announcement; per the recommendation of the Transfer Station Manager the Board approved the following two merit increases;
  • Peter Gagnon from Grade VII/Step 9 to Grade VII/Step 10 retroactive to July 29, 2012;
  • Thomas Difalco from Grade VII/Step 10 to Grade IX/Step 7 retroactive to July 7, 2012
The Board unanimously approved hiring Alexandria Clarkson as a Swim Aide at Grade IV, step 1 effective July 29, 2012.

Selectmen Melvin then announced merit increases approved for the following employees;
  • Jeannette Clark, ZBA Secretary from Grade IX/Step 7 to Grade IX/Step 8 retroactive to June 30, 2012
  • Barbara White, Permit Clerk from Grade VI/Step 2 to Grade VI/Step 4 retroactive to February 29, 2012
The Board unanimously approved hiring Richard Milner as a permanent part time Bookkeeper/Payroll Administrator at Grade XIX, step 1 with an effective date of August 13, 2012 and a three month probationary period.  

McCarthy then announced the hiring of Leanne Wancheck as a new part time Police Officer.  Police Chief Streeter introduced Leanne to the public and spoke about her background in law enforcement.

  • Pledge of Allegiance
  • Introduction of Guests
  • Approval of Minutes (Review prior to meeting)
  • Selectmen’s Public Meeting minutes dated July 3, 2012, July 17, 2012 and July 31, 2012 (amend the July 17th minutes - accepting of nonpublic minutes should have included June 19th not June 29th)
Chairman McCarthy motioned to accept the Selectmen’s Public Meeting minutes dated July 3, 2012 and July 31, 2012 and to accept the July 17, 2012 minutes with the following amendment.  The nonpublic minutes accepted should have been June 19, 2012 not June 29, 2012.  Second by Selectman Melvin.  Motion passed with a unanimous vote.

  • Selectmen’s Nonpublic Meeting minutes dated July 17, 2012
The Board did not accept the Selectmen’s Nonpublic Meeting minutes dated July 17, 2012 since Selectman Melvin had made some notes and will bring it with him to our next meeting.

  • Scheduled Business
7pm - Public Hearing - Discussion of a possible change to the speed limit on  
            George’s Way and Brenner Drive

Chairman McCarthy opened the public hearing to discuss a possible change to the speed limit on George’s Way and Brenner Drive.  

Police Chief Streeter explained the reasoning for tonight’s discussion on this somewhat new subdivision which became a little more unique when they extended Brenner Drive and connected two streets creating a cut through.  Since the connector there are many speeding complaints on Brenner Drive and a few years ago a stop sign was installed to help alleviate the speeding problem.  This help to alleviate the problem but he has been getting more speeding complaints on Brenner Drive.  

Streeter added that the Board has statute authority to reduce the speed from what is ordinary 30 mph under NH RSA 265:60-ll-(b).  However, if the Board of Selectmen determines that a speed limit is greater than reasonable and safe under the particular conditions they can lower the speed limit to “not less than 25 miles per hour”.  Chief Streeter added that holding the public hearing allows the neighbors to be involved and is the basis for being here tonight.  

There were many residents in attendance and Chairman McCarthy asked to show by a raise of your hand if you are in favor of changing the speed limit to 25mph.  Based upon the overwhelming number of hands raised in the air, the Board determined that 25 mph wins the majority.

Resident Mary Reardon asked if there were other streets in town that have been posted and reduced to 25mph or is this the beginning of something.  Streeter responded you address these issues as they pop up; we have a few other streets with similar issues but we will address it as we get to them but felt that the Board should consider a change to the speed limit due to the activity in this area.

Jason Lemay suggested including an additional sign stating “strictly enforced” and to increase the patrols for the first six months.  Streeter responded to the issue of enforcement, people need to be informed and agreed to include “strictly enforced” otherwise it does not have the effect.  Streeter did not mind the extra signage for it comes out of the Highway budget not his…..Chairman McCarthy added to the Chief’s comments wearing her former Police hat; we do not want to broadcast how long we may or may not do something or when we are going to do it.

Kristie Sullivan of George’s Way asked how many speed limit signs will be put up and what is the plan for placement of the signs.  Streeter responded at least one at the beginning and one at the end.  Streeter recommended to the Board to at least start with one at each end for now and see how that works.  Sullivan added that the stop sign does help with the speeding issue but often they roll through the stop sign but they do slow down.  Sullivan added that there are 30 children on George’s Way alone with two more on the way so there are a lot of children and there are several dog walkers.   

Chairman McCarthy motioned in favor of adopting 25 mph speed limit signs to be posted at Georges Way and Brenner Drive at the appropriate places as designated and recommended by the Road Agent, Police Chief and the Fire Chief and to include “strictly enforced” signs.  Second by Selectman Melvin.  Motion passed with a unanimous vote.

Chairman McCarthy motioned to close the public hearing at 7:22pm.  Second by Selectman Melvin.  Motion passed with a unanimous vote.



  • Police Chief Re: Attorney’s fees
Chairman McCarthy stated that this is just a housekeeping issues; she thanked the Chief for taking care of the 20% reduction and the Board will take care of it and it will be on today’s manifest.


  • Police Chief Re: Police Association Event
Chief Streeter was present to discuss the Newton Police Association’s plans to celebrate the opening of the new police station on Saturday, September 8th at 12pm.  The event is planned to include hot dogs and hamburgers, pony rides, K-9 demonstration and the first raising of the new flag donated by the Merrimac Savings Bank.  Streeter handed out a preliminary program for the day and asked the Board if they are interested in having a building dedication ceremony; which would include them giving a brief statement and ribbon cutting ceremony.  The Board agreed to be part of the ceremony and looked forwarded to this community event.

  • Police Chief Re: Surplus Equipment
Police Chief Streeter explained that the Newton Police Department with the help of Road Agent Mike Pivero entered into a government surplus program about a year ago, labeled Grant Title 1033 allowing the town to apply and receive surplus military equipment.   Streeter handed out a document showing all the items received under this program.  The equipment can only be used by the Police Department for one year; after that the equipment can be redistributed as we see fit.  Streeter gave an account of some of the equipment and the possible uses for now and in the future.  Justification was given for a firing range and the use of this equipment will help make this a reality.

Streeter talked about how the equipment is only available for a short period of time; you need to jump on it when it comes up as available.  Streeter added that he understands the fear, are we growing too much and he wanted to come in to explain what has taken place.  Figured if we do not need it by the end of the year we could melt it or bring it down to the junkyard and get thousands of dollars for it which would benefit the community.

Streeter added that he has given this information to the Town Administrator for the insurance company and he will continue to keep the Selectmen abreast of what is being obtained with a long term use.  Streeter added that much of the equipment is stored at the Police Department, Fire Department, Salt Shed and some at Pivero’s property in Atkinson.  Streeter stated that we have the inventory, pictures and serial numbers and just because it is offsite does not mean that we do not have control.

Road Agent Mike Pivero was present later in the meeting and discussed how he has worked on acquiring equipment for the town and he discussed how he is now looking for a generator for the Transfer Station.  Pivero added that this is a great way for the town to get equipment that we could never afford.

  • Fire Chief Re: Bids for Underground oil tank removal
Fire Chief Bill Ingalls was present and handed out a spreadsheet showing comparisons of the bids received for the removal of the underground oil storage tank at 2 Amesbury Road.  Ingalls added that he spoke to a representative from each company and recommends C.A.B. Services from Dover NH.  After a brief discussion, the Board determined that they would ask for a mini closure versus a formal closure for a total of $2,725 plus the cost for the disposal of oil in the tank over 6” at a cost of .51 cents per gallon.

Selectman Melvin motioned to award the bid to C.A.B Services, Inc. from Dover, NH to remove the underground oil tank at 2 Amesbury Road based upon the bid price of $2,725 with a maximum of up to $3,000 to cover the cost for the disposal of oil in the tank to be paid from General Government Buildings Budget.  Second by Chairman McCarthy.  Motion passed with a unanimous vote.

Selectman Melvin asked Chief Ingalls to expedite this work so we can put this property on the market sooner versus later.  

  • Per RSA 31:95-b to accept and expend unanticipated funds in the amount of $650.00 from the Memorial School Student Council to the Newton Food Pantry
Chairman McCarthy motioned to accept and expend per RSA 31:95-b unanticipated funds in the amount of $650 from the Memorial School Student Council to the Newton Food Pantry.  Second by Selectman Melvin.  Motion passed with a unanimous vote.

  • Planning Board Re: Office Copier Purchase
The Board reviewed a memo from the Planning Board whom voted unanimously to recommend to the Selectmen to approve the purchase of an office copier from Century Copier Specialists for a purchase price of $4,188.  Selectman Melvin added that there is an additional cost of $290 for the surge protector and toner for a grand total of $4,478.

The Board then reviewed a second memo from the Planning Board stating that due to having the new copier, the Planning Board will no longer be using or maintaining the older copier in the conference room.  The Planning Board decided to donate the old copier with a new toner cartridge and the remainder of the service plan to the town for use by other departments.  The service agreement expires on February 11, 2013.

The Board discussed sending out a notice to the other departments (Recreation, ZBA and Conservation) about the copier for next year as they will need to budget for a service contract ($650), provide their own paper and any future toner cartridges.  

Selectman Melvin motioned to approve the copier purchase as recommended by the Planning Board from Century Copier Specialists.  Second by Chairman McCarthy.  Motion passed with a unanimous vote.

Chairman McCarthy motioned for the old copier machine shared by the Recreation, Conservation and Zoning Board to budget $650 for the remaining service contract for next year and to remind them in the memo to buy their own paper this year and for next year.  Planning Board Administrative Assistant Rick Milner can give us an idea on what he spends each year.  Second by Selectman Melvin.  Motion passed with a unanimous vote.

  • Proposed revision to the “Procedure for calculating the allowable number of Elderly Housing Units”
Chairman McCarthy stated that this is just a housekeeping suggestion to change the wording for the procedure for calculating the allowable number of elderly units.  In 2007 Town Meeting voted to exclude existing elderly housing units in the calculation to determine allowable new elderly housing units yet the procedure contradicts itself by including “each unit of senior housing” in the dwelling unit definition.  Office Manager Winglass recommends removing “each unit of senior housing” as part of the definition of dwelling units.

Selectman Melvin motioned to amend the procedure for calculating the allowable number of elderly housing units to remove “each unit of senior housing” in the definition of dwelling units.  Second by Chairman McCarthy.  Motion passed with a unanimous vote.

  • Review quotes for Marshall House repairs
Historical property on Wallace Street is in need of replacing the basement windows and quotes were obtained for the repairs.  Repairs include re-grading a portion of the area near the windows to take the water away from the building and removing vegetation for a total of $250.  The other cost is for the purchase and installation of new windows; three options were given as follows;
  • Windows using wood and primed for $190 each
  • Harvey vinyl better grain rolling window for $600.00 each
  • White vinyl window for $240.00 each
The Board decided to have the landscaper take out the vegetation only for now; the Board will look into a long term fix for moving the water away from the building.

The Board discussed purchasing the vinyl windows for longevity at only $50 more per window.

Chairman McCarthy motioned to approve the replacement of the two windows at the Marshall House with vinyl windows at a cost of $240 each for a total of $480 to be paid from the General Government Buildings budget.  Second by Selectman Melvin.  Motion passed with a unanimous vote.

Selectman Melvin motioned to pay T & M Property Maintenance to remove the vegetation at the side window area at the Marshall House and not to re-grade the area at this time.  Second by Chairman McCarthy.  Motion passed with a unanimous vote.

  • Review quote for #2 fuel oil
The Board reviewed a quote from Palmer Gas/Ermer Oil with a fixed quote of $3.299 net on #2 fuel oil for the upcoming heating season which runs from October 1, 2012 thru April 31, 2013.  Service/maintenance of the town’s oil burners will be $169.00 each, a savings of $20.00.  Selectman Melvin added that the price of oil has increased over the past couple of week and the town employees have been happy with the service provided by Palmer Gas/Ermer Oil so he agreed with moving forward with this contract.  

Chairman McCarthy motioned to accept the proposal/contract from Palmer Oil/Ermer Oil for a fixed price of $3.299 net on #2 fuel oil for the upcoming heating season and for the service/maintenance price of $169.00. Second by Selectman Melvin.  Motion passed with a unanimous vote.

  • Town Administrator Re: Fund Balance Policy
Town Administrator Nancy Wrigley spoke about the proposed Fund Balance Policy and its purpose to establish a key element of the financial stability of the Town by setting guidelines for the fund balance.  Unassigned fund balance is an important measure of economic stability.  It is essential that the Town maintain adequate levels of unassigned fund balance to mitigate financial risk that can occur from unforeseen revenue fluctuations, unanticipated expenditures and similar circumstances.

Wrigley added that the auditors told us that we need to put this policy in place and they are waiting for this policy in order to finish up the December 31, 2011 audit.  GASB (Governmental Accounting Standards Board) requires that the Town have this policy in place for Best Management Practices for Accounting Purposes.  

Selectman Melvin stated that he is not comfortable signing the policy for he has not had a chance to review it prior to the meeting; this is the first time he has seen the policy.  Wrigley responded that this policy is derived from accountants and auditors in the State of NH; this policy is a guideline for we are not locked in or committed to stick with these numbers.

Selectman Melvin added that he is not sure of this policy and does not feel comfortable with signing without having a chance to review it.  Wrigley responded that he needs to trust her knowledge, the auditors and the Department of Revenue Administration.  

The Board decided to have Town Administrator Wrigley to set an appointment with the auditors to come down to help explain this policy and to review and answer questions regarding the 2011 audit.

  • Transfer Station Re: Generator and Bereavement Policy
Generator

Transfer Station Manager Kevin Jolicoeur and Road Agent Mike Pivero were present.
Jolicoeur addressed the need to replace the generator at the Transfer Station based upon information he received from the company that services this equipment.  The generator is unreliable due to its age and being outdoors all these years. The service technician recommends replacing the unit for he is unsure how much longer he can keep it running.

Jolicoeur added that he received a price to replace the generator at $20,000 plus approximately $1,000 to install it.  

The Board asked Road Agent Mike Pivero if he had any idea on when a generator may be available through the Government Surplus Program.  Pivero explained how the system works in that there are five levels of approval and he currently has been approved for a diesel generator that could be used as a backup if needed but what the town needs is a propane generator.  Pivero added that he will continue to look for one but there will be a transportation cost that needs to covered by the town.  Pivero added that he has personally covered the cost to obtain the current inventory held by the town but he cannot continue to do this and needs the town to be aware that there is a cost associated and before moving forward he needs to know who will pay for it and out of what budget.  The mechanism for receiving this equipment is through law enforcement but we need to clarify that it is town driven not department driven and some of the equipment may not be used until an emergency happens.

Pivero added that we need to have the funds or the mechanism in place for the window of opportunity goes away quickly.  Selectman Melvin asked if Pivero had any rough numbers. Pivero responded that he could tag one in Maine, Massachusetts or it could be in California; the pool could be located anywhere and it is impossible to predict the cost.  Pivero added that he tries to stay in the New England area but we are getting this equipment for pennies; the only cost is for transportation.

The Board agreed to move forward with securing a generator for the town and added that transportation costs can be recorded in a line item so that it does not come under a specific budget.

Bereavement Policy

A Transfer Station employee’s step parent recently passed away and the bereavement policy does not address the situation when a person was raised by someone other than their biological parent.  The Board decided to allow bereavement pay for they recognize her step father is her father as he raised her and the Board will look at this policy in order to bring it up to today’s standards.

  • Announcements
  • Other Business, Sign Manifests, Requisitions, Abatements, Tax Credits, Correspondence and Appointments
  • McCarthy read a letter from Family Mediation & Juvenile Services regarding their outstanding relationship with the Town of Newton Transfer Station Manager Kevin Jolicoeur.  Since 2008 Kevin has supervised approximately 730 hours of community service making him their top community service provider over the past 4.5 years.  Kevin’s unwavering commitment to the teens in our community has made a meaningful difference and provides work for as many individuals as needed.  His attitude is always positive and friendly, conducts himself with professionalism and responds with accuracy and in detail to questions.  
  • The Board signed a requisition from the Recreation Commission to hold a movie night at Greenie Park on August 23rd not to exceed $900
  • The Board signed a requisition from the Recreation Commission to hold a Beach Party and Cookout on Sunday, August 12th not to exceed $400.  
  • The Board approved vacation time for Permit Clerk Barbara White
  • The Board signed a Welfare Manifest in the amount of $1,012.50
  • The Board signed granting an Abatement for Map 008-03-11-3 in the amount of $45.25
  • The Board signed granting an Abatement for Map 009-03-15-8 in the amount of $60.30
  • The Board signed granting an Abatement for Map 010-03-5-8 in the amount of $662.67
  • The Board signed a Timber Tax Levy for Map 005-05-012 and 005-05-013 in the amount of $1,438.48
  • The Board signed a Timber Tax Levy for Map 016-01-001 in the amount of $51.47
  • The Board approved paid time off for Town Administrator Nancy Wrigley.
  • The Board reviewed a proposed volunteer service agreement from the Department of Labor for volunteers working for the town.  This agreement is for volunteers working for the town; not for appointed officials working on a Board or Committee.
Selectman Melvin motioned to adopt the Volunteer Service Agreement as presented.  Second by Chairman McCarthy.  Motion passed with a unanimous vote.

Vendor Manifest

Selectman Melvin motioned to sign the vendor manifest in the amount of $1,111,253.85 which includes a school payment of over $1 Million dated August 6, 2012.  Second by Chairman McCarthy.  Motion passed with a unanimous vote.

  • Adjourn
Chairman McCarthy adjourned the public meeting at 9:41pm.

The Board realized that they had not addressed a letter that needed to be signed by the Board of Selectmen to Merrimac Savings Bank authorizing the Trustees of the Gale Library to open a new municipal checking account known as the Gale Library Building Fund.

Chairman McCarthy re-opened the public meeting at 9:44pm.

Selectman Melvin motioned to approve signing the letter to Merrimac Savings Bank authorizing the Trustees of the Gale Library to open a new municipal checking account knows as the Gale Library Building Fund.  Second by Chairman McCarthy.  Motion passed.

Chairman McCarthy closed the public meeting at 9:45pm.

                                                        Respectfully Submitted,


                                                        Mary B. Winglass, Office Manager