NEWTON BOARD OF SELECTMEN
DATE: TUESDAY, OCTOBER 2, 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 4:33pm. 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 public meeting was videotaped; minutes were transcribed and typed by Office Manager Winglass.
Chairman McCarthy motioned to go into Nonpublic Session under RSA 91-A:3 II (a) - Transfer Station. Second by Selectman Thayer. Motion passed with a unanimous roll call vote.
Chairman McCarthy motioned to close the nonpublic meeting at 5:17pm. Motion passed with a unanimous roll call vote. The Board took a break before going into public session.
Chairman McCarthy called the public meeting back to order at 5:26pm. McCarthy announced that the Board of Selectmen just came from a nonpublic session and all the discussion will remain confidential except to release that the Board unanimously motioned to allow Thomas Dickey, an employee of the Transfer Station, effective October 9th to start training in the packer at his regular hours.
- Pledge of Allegiance
- Introduction of Guests
Representative Kim Casey spoke on running for a fifth term as a State Representative under a new district this year. Casey asked the Board that when moving forward with anything in particular please feel free to call her. Casey added that she would love to address any questions from the town and residents.
Resident Joe Castellano asked about any help to our community with the new Police Station. Casey responded that Chief Streeter is very well versed at finding grants but at this time she is unaware of any grants available, federally or from the state.
- Approval of Minutes (Review prior to meeting)
- Selectmen’s Public Meeting minutes dated August 21, 2012, August 27, 2012, September 5, 2012, September 12, 2012 and September 18, 2012
Selectman Thayer motioned to approve the Selectmen’s Public Meeting minutes dated August 21, 2012, August 27, 2012, September 5, 2012, September 12, 2012 and September 18, 2012 as written. Second by Selectman Melvin. Motion passed with a unanimous vote.
- Selectmen’s Nonpublic Meeting minutes dated August 21, 2012 and September 12, 2012
Selectman Melvin motioned to accept the Selectmen’s Nonpublic Meeting minutes dated August 21, 2012 and September 12, 2012 as written . Second by Thayer. Motion passed with a unanimous vote.
- Scheduled Business
- Amended Salary Classification Plan and updated matrix schedule
The Board reviewed and had no questions regarding the amended Salary Classification Plan and the updated matrix schedule as of September 12, 2012.
Chairman McCarthy motioned to approve the amended Salary Classification Plan and updated Matrix Schedule as of September 12, 2012. Second by Selectman Thayer. Motion passed with a unanimous vote.
- State Firearms License for Richard Thomas of 11 Kenwood Drive
The Board reviewed a request from Richard Thomas of 11 Kenwood Drive for a State Firearms License for an approved Home Based Business from the Planning Board which expires on March 1, 2014. Selectman Thayer asked Chief Streeter where he stands on this issue. Streeter responded that the Planning Board approved this home based business (firearms dealer) in a residential neighborhood; he prefers that the Board sign the State License. Having the Selectmen sign the license allows them to suspend or revoke the license, if necessary.
Selectman Thayer stated that he is not going to sign the license; McCarthy and Melvin agreed to sign the license.
Chairman McCarthy motioned to issue a License to Sell Pistols and Revolvers #LSPR1-2012 to Richard F. Thomas, Sr. at 11 Kenwood Drive to expire March 1, 2014 which date coincides with the renewal date of the Home Based Business review by the Planning Board. Second by Selectman Melvin. Motion passed with Selectman Thayer opposed.
- Sprinkler System Re: Fire Suppression Cistern
Road Agent Mike Pivero reviewed that last year the Selectmen awarded the bid for the purchase of the Fire Suppression Cistern to Eastern Seaboard Concrete Construction for a total of $29,000. This bid award happened at the end of the year therefore the Board approved the funds as a “carry forward” to 2012; the funds expire at the end of the year.
Pivero explained that the reason why he is here when he could go buy the cistern today is due to the fact that the funding for the installation of the cistern was not approved by the voters. 2012 Warrant Article #10 for the installation of the cistern did not get approved therefore the dilemma is do we buy the tank as the funds were approved and the money is there yet knowing the installation was not approved.
A discussion took place in that we have been dealing with this sprinkler system for fifteen years and the voters have been sporadic and little by little we are getting it done. Not sure when the next phase will be approved but to purchase the cistern now and keep moving forward is our best option. Pivero added that the cistern is fiberglass which breaks down over time due to UV rays therefore it will need to be covered. The discussion continued with all the work that has taken place to bring us to this point, we need to complete the job and protect the Town Hall, an old historic building. Options considered for next year is to put the next phase in the General Government Buildings budget or put in another warrant article.
Pivero suggested to bring the total price to the residents and to explain the need to complete this project; another option discussed is to spread the cost out over four years or possibly a bond to complete the system.
Selectman Melvin motioned to purchase the tank as approved by the town and to purchase tarps to cover it and store it at the Sand/Salt Shed Area. Second by Chairman McCarthy. Motion passed with a unanimous vote.
- Timeline for 2013 Town Meeting and Budget Review
The Board reviewed a proposed timeline for the 2013 Town Meeting; the Board asked to check with Moderator Robert Dezmelyk on holding the Deliberative Session on Saturday, February 2nd with a snow date of Saturday, February 9th. The Board decided the start time at 1pm.
- Review status of the Transfer Station Office
The Board will address this item at the Board’s next meeting in order for Chief Building Official Ron LeMere to be present.
- Set date for Trick or Treat
Many residents were in attendance to discuss the date for Trick or Treat.
Chairman McCarthy announced that the surrounding towns of Kingston, Plaistow and South Hampton are holding Trick or Treat on October 31st.
One group of residents talked about the safety of the children and asked to hold it on Saturday, October 28th; Williamine Drive is a popular road for Trick or Treat and brings in a mass amount of people and holding it on Saturday allows the majority of the residents to be home. Other reasons are that having it during the week puts the children in a dangerous position because there is much more traffic; it often interferes with two academic school days and working parents often need to leave work early to take their kids out.
Resident Wendy Miller submitted a petition that was put out online through facebook on the Newton NH & Friends Community Board. The petition had over 100 names and yet some were listed as “Name not displayed” and the list had not been confirmed that all the names listed were Newton residents. Another comment in support of changing Trick or Treat to Saturday is due to the Middle School students are on an overnight trip and return late on the 31st.
Other residents spoke in favor of keeping Trick or Treat on the day of October 31st for that is the date of Halloween; others stated that it is the responsibility of the parents to be with the kids to keep them safe.
Chairman McCarthy added that last year with the snowstorm the date was changed and the phones rang off the hook at Town Hall and it ended up being an issue with many residents. Selectman Thayer added that he does not see the reason to change the date due to taking the kids out on a week night and some on Facebook asked to remove their name from the petition for they thought they were signing for the safety of the children, not to change the day of Trick or Treat. Others talked about the petition for although it was done with the best intentions, the petition was cleverly written for who would not vote for safety. It is a subjective point for there has not been any accidents due to holding Trick or Treat on a weekday.
Police Chief Streeter added that although he supports the neighborhood, Halloween in his opinion should be coordinated with surrounding communities to avoid piggy backing. Williamine Drive is the most favored in the community and a lot of people go there and we put an additional person on to focus on more popular areas. He supports the same schedule as the other surrounding communities to keep trick or treat on Halloween.
Jennifer Klopotoski talked about blocking off parts of Williamine Drive on Trick or Treat to help aid with the safety concern.
Town Clerk/Tax Collector Mary Jo McCullough stated that she was approached by residents on this subject back in May. Understanding both sides who have good points and some weak points; petitions are great but if you do not have it available to all residents versus only those that are part of the Newton NH & Friends Community Board is not a fair petition and without addresses and signatures it cannot be confirmed. There are some residents that sent in letters to counteract the petition; McCullough added that she has lived in town for 30 years and Trick or Treat has only been changed twice. It is up to parents to keep the children safe, to use flashlights and keep them off the road. McCullough added that each year the Selectmen set the date/time for Trick or Treat, the Board cannot change it permanently.
Selectman Melvin added that he wants the holiday to be held on the holiday. Selectman Thayer questioned about setting the time and the Board decided to have it from 5pm to 8pm.
Selectman Thayer motioned to hold Trick or Treat on Wednesday, October 31st from 5pm to 8pm. Residents are to turn on their lights if they want to participate and to put a notice in the newspaper. Second by Selectman Melvin. Motion passed with a unanimous vote.
- Williamine Drive Re: Speed Limit
Resident Scott Jillson of Williamine Drive spoke in favor of reducing the speed limit on Williamine Drive due to vehicles speeding and the fact that he has gone through four mailboxes in the ten years that he has lived there. Jillson is in favor of changing the speed limit to 25 mph.
Barry Hamilton on Storey Lane asked to include Storey Lane as part of the speed limit reduction to 25mph for the road connects to Williamine Drive and he agreed with Jillson that we really do need to slow people down; the sooner we can get people to slow down the better off we will be.
Joe Castellano of Williamine Drive would like the speed limit reduced to 25 mph for it comes back to the safety of the kids. Seeing a physical sign reminds drivers and makes them more aware of their speed.
Colleen Carbone of Williamine Drive talked in favor of reducing the speed limit to 25mph and about having a police presence during certain periods during the day such as the school bus time.
Chairman McCarthy discussed that this public meeting was scheduled due to the requests received at the Selectmen Office to reduce the speed limit. Per RSA 265:63 local authorities in their respective jurisdictions can determine on the basis of an engineering or traffic investigation…… McCarthy added that Police Chief Streeter has prepared documentation on a traffic investigation.
Police Chief Streeter handed out documentation that he prepared regarding the speeding concerns on Williamine Drive based upon four (4) complaints received from residents on Williamine Drive. Streeter conducted a computer search for speeding complaints on Williamine Drive and from January 1, 2006 to this date he found two (2) previous complaints. One was a general complaint and the other was a specific complaint in which an arrest was made.
Chief Streeter decided to conduct a speed survey which was conducted over a period of 11 days for a total of 12.3 hours during which 126 vehicles were observed. The survey was conducted Monday through Friday between 6am and 6pm. Within those parameters the highest speed recorded was 38 mph and the slowest was 18 mph. The average speed for the 12.3 hours and 126 vehicles was 27.12 mph. Streeter added that speed is always an issue that occurs at some point and time in every neighborhood and that will not change regardless of the location. Based upon the findings with an average speed of 27 mph and the street not being a “connector” road, Streeter does not believe that the results justify a reduction in the speed limit.
Karen Castellano of Williamine Drive spoke about new drivers in the neighborhood and if they see the sign they are apt to think about their speed.
Scott Jillson added that he appreciates all the work done and collecting the data by the Police Department and asked what is the next course of action. It was explained to Jillson that the Board of Selectmen can do whatever they want however using the State Statute it could come back to haunt the town for they could sue the town.
Streeter added that speeding is a problem all over the community. With only five officers to cover the town they are stopping cars all the time; people need to obey the speed limit everywhere. Streeter added that as residents on Williamine Drive you know 95% of those traveling through the neighborhood and if they see a problem they need to contact the Police Department with specific information.
Chairman McCarthy stated that part of the issue in NH is we are guided by the statute and need an investigative study to justify the reasoning. Part of the study are the complaints received or not received; residents can help by calling to give the information to help supplement the study therefore allowing the Board of Selectmen to move forward with this request.
Selectman Melvin stated that he recently attended Selectmen’s training through the Local Government Center and was told that the Board has the authority to change the traffic speed one way or the other. The Board decided to get clarification from the free legal counsel through the Local Government Center to find out the legal direction the Board can take and to discuss this at our next meeting.
- Review of legal opinion Re: Buyer’s Agent for 2 Amesbury Road
The Board did not review this item.
- Quote to install electrical service at Beach Shed
Town Administrator Wrigley proposed the installation of electrical service at the Beach Shed in order to provide water for the employees. Chairman McCarthy discussed that it would be nice to have water at this location for you are dealing with kids and really hot days with no place to keep the water cold. With the electrical service at the shed will allow the employees a place for their lunch and would only be used seasonally.
Chairman McCarthy motioned to approve the quote from Patrick McCusker for a total of $850 to install an electric service to the beach shed with one outlet and one light switch. $850. No second. Motion failed.
- Accept letter of resignation from Joshua Olsen, Transfer Station Attendant
Selectman Melvin motioned to accept a letter of resignation from Joshua Olsen, Transfer Station Attendant. Second by Chairman McCarthy. Motion passed with a unanimous vote. The Board asked to send Josh a thank you letter for his years of service to the town.
- R.W. Gillespie & Associates Re: Proposal for Groundwater Management Permit Renewal and November 2012 Groundwater Quality Monitoring
The Board reviewed documentation on the proposal for the groundwater management permit renewal and the November 2012 groundwater quality monitoring at the Transfer Station. The monitoring of the wells is to keep tabs on the quality of water.
Selectman Melvin motioned that we accept the proposal from R. W. Gillespie for the proposal for Groundwater Management Permit Renewal and the November 2012 Groundwater Quality Monitoring at the Transfer Station for the amount of $5,200 not to exceed $5,500. Second by Chairman McCarthy. Motion passed with a unanimous vote.
The Board reviewed an email from Bruce Mayberry of BCM Planning, LLC regarding an update to the Impact Fee Study. The Town of Kingston plans to move forward this year with an update to the Impact Fee Schedule and it would be advantageous for Newton so that both are in synch and would be able to improve on the enrollment data by pairing up actual enrollment counts by address. The cost would be approximately $3,000 and would provide the most accurate and defensible documentation for enrollment ratios by housing type, size, and year built.
The Board discussed that the last time we did an update the fee decreased and that is not what we want since the impact fee is revenue to the town. If we wait and do not do it now then we will be out of sync with the district. This is also an unanticipated cost that was not budgeted this year. The Board discussed that they have a hard time spending $3,000 on this update that could potentially reduce revenues to the town.
Chairman McCarthy motioned to contact Bruce Mayberry of BCM Planning, LLC to conduct an update of the Impact Fee Schedule for a cost not to exceed $3,000 to be paid out of the legal budget. Second by Selectman Thayer. Motion passed with Selectman Melvin voting no.
- Invoice from Deerfield Vet Clinic
The Board informed Police Chief Streeter that they were not paying a bill to Deerfield Vet Clinic for a euthanasia equine and burial at a cost of $545. Chief Streeter responded by asking for this item to be on the next agenda for a review. Streeter handed out a packet explaining the situation that started with an animal complaint at 34 Heath Street. A horse at the property had not been cared for by its owner due to financial problems and the property owner did not want to see the horse suffer any longer; she had helped for some time with food and care of the animal through donations from local animal clinics. The Animal Control Officer contacted the NHSPCA and they took the horse for the owner of the horse does not have any money to pay the bill.
Options discussed were to pursue this matter in a small claims court but we would probably spend more money chasing it. The Board discussed that the horse owners were lifelong residents of Newton and they do not have any money.
Selectman Melvin stated that under the circumstances he recommends that we make a motion to pay the bill of $545 to Deerfield Vet Clinic. Second by Chairman McCarthy. Motion passed with Selectman Thayer opposed.
- Update on status of 2 Amesbury Road
Office Manager Winglass informed the Board that the electrical work to the riser was to be completed this week and the cleaning has already been done. The next step is to get three (3) Commercial Market Analysis Reports.
- Twombly Drive Performance Guarantee Reduction
Selectman Melvin read a memo from the Planning Board requesting that the Board of Selectmen reduce the road performance guarantee for Twombly Drive to $7,496.00. The amount satisfies the requirement in the Town of Newton Subdivision Regulations that 10% of the original performance guarantee amount be held as a maintenance guarantee for two years after Town acceptance of a road.
Selectman Melvin motioned to reduce the road performance guarantee for Twombly Drive to $7,496.00 to be held as the maintenance guarantee. Second by Chairman McCarthy. Motion passed with a unanimous vote.
- Announcements
- Other Business, Sign Manifests, Requisitions, Abatements, Tax Credits, Correspondence and Appointments
- The Board made some revisions to the bid documents for a contract for the cleaning of all town buildings and a second contract for landscaping at town properties.
- The Board signed a State of NH Form attesting the place/time of the November 6th election at Town Hall for Town Clerk/Tax Collector Mary Jo McCullough.
- The Board signed a MS-1 Extension Request Form due to the fact that the revenues are still being compiled.
- The Board signed a Welfare Manifest for $349.90 to Victory Fuel.
- The Board signed a response letter to Newton Greenhouse owners Tom and Nora McElroy explaining the approval process for anyone planting flowers on town property. The Board confirmed that the gazebo on Sarah’s Way is now gone and the Board thanked Ann Miles for cooperating.
- Chairman McCarthy motioned to approve the appointment of Tyler Davidson as an Alternate member of the Conservation Commission as of this date with an expiration date of September 30, 2013. Second by Selectman Melvin. Motion passed with a unanimous vote.
- Chairman McCarthy motioned to approve the appointment of Kimberly Lowther as an Alternate member of the Conservation Commission as of this date with an expiration date of September 30, 2013. Second by Selectman Melvin. Motion passed with a unanimous vote.
- The Board signed a Veteran’s Credit approval for Map 005-05-8-1 for the applicant meets the criteria, effective in 2013.
- The Board signed a Veteran’s Credit approval for Map 008-03-8-2 for the applicant meets the criteria, effective in 2013.
- The Board signed a Veteran’s Credit approval for Map 008-03-11-45 for the applicant meets the criteria, effective 2014.
- The Board signed a Vendor Manifest dated 10/1/2012 in the amount of $1,351,380.15 which includes a school payment that is over 1 million dollars.
- The Board signed a Vendor Manifest dated 9/19/2012 in the amount of $2,572.50.
- Adjourn
Chairman McCarthy adjourned the meeting at 9:28pm.
Respectfully Submitted,
Mary B. Winglass, Office Manager
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