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September 12, 2012 Board of Selectmen Minutes
NEWTON BOARD OF SELECTMEN
DATE: WEDNESDAY, SEPTEMBER 12, 2012
TIME: 4:30PM
LOCATION: NEWTON TOWN HALL, 2 TOWN HALL ROAD

PUBLIC MEETING

  • Call to Order, Roll Call Vote
Chairman McCarthy opened the meeting 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 RSA 91-A:3 II (a) - Fire Department ; (c) Transfer Station; (b) - Transfer Station and Cable Operator.  Second by Selectman Thayer.  Motion passed with a unanimous roll call vote.

Chairman McCarthy motioned to close the nonpublic session: 5:10pm.  Second by Selectman Thayer.  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 for Andrew Lingel to be taken off probation on May 1, 2012.  Andrew has taken and passed the NREMT program and his pay adjustment is to Grade XV, Step 2, $15.30 per hour retroactive to May 1, 2012.  His current hourly wage is Grade X, Step 1, $11.70 per hour.  
  • The Board unanimously approved for John Wood to be taken off probation on May 1, 2012.  John was previously on the Fire Department; he currently is a NREMT, Certified Fire Fighter I and able to operate Engine 1 & 2 as well as Tanker 5.  His pay adjustment is to Grade XV, Step 4, $16.08 per hour retroactive to May 1, 2012.  His current hourly wage is Grade X, Step 4, $12.60 per hour.
  • On a vote of two to one with Selectman Melvin voting no, a motion passed for Maia Drucker to be taken off probation on September 6, 2012.  Maia has taken and passed the NREMT program.  Her pay adjustment is to Grade XV, Step 2, $15.30 retroactive to September 6, 2012.  Her current hourly wage is Grade X, Step 1, $11.70 per hour.
  • The Board unanimously approved as recommended by the Fire Department Officers who interviewed Logan Biery and voted to recommend him as a probationary member contingent upon him obtaining a High School Diploma or a GED and an acceptable background check effective September 12, 2012 at Grade X, Step 1, $11.70 per hour.
  • The Board unanimously approved hiring Justin R. Winsper as a part time Transfer Station Laborer at Grade V, Step 1, $9.16 per hour effective September 12, 2012.
  • The Board unanimously approved terminating the employment of John B. Gillow as a Floater at the Transfer Station effective August 21, 2012.
  • The Board unanimously approved hiring James Paone as a Cable Operator at a Grade IX, Step 1, $11.14 per hour effective today with the approval of an acceptable background check and a 90-day probationary period.
  • Pledge of Allegiance
  • Introduction of Guests
  • Approval of Minutes (Review prior to meeting)
  • Selectmen’s Public Meeting minutes dated August 21, 2012 and August 27, 2012
  • Selectmen’s Nonpublic Meeting minutes dated July 17, 2012 (amended), August 7, 2012 and August 21, 2012
Selectman Melvin motioned to accept two of the Selectmen’s Nonpublic Meeting minutes dated July 17, 2012 as amended and the August 7, 2012 as written.  Second by Selectman Thayer.  Motion passed with a unanimous vote.

The Board will review the other minutes before their next meeting.

  • Scheduled Business
  • Per RSA 31:95-b to accept and expend unanticipated funds in the amount of $50 from Patricia Gleichauf-Wonson to the Newton Food Pantry
Chairman McCarthy motioned per RSA 31:95-b to accept and expend unanticipated funds in the amount of $50 from Patricia Gleichauf-Wonson to the Newton Food Pantry.  Second by Selectman Melvin.  Motion passed with a unanimous vote.

  • Per RSA 31:95-b to accept and expend the State approved Emergency Management Performance Grant (EMPG) funds in the amount of $2,226.74.  This is a 50% percent reimbursement to the Town of Newton for the purchase of a Motorola Radio.
Selectman Melvin motioned per RSA 31:95-b to accept and expend the State approved Emergency Management Performance Grant (EMPG) funds in the amount of $2,226.74.  This is a 50% percent reimbursement to the Town of Newton for the purchase of a Motorola Radio.  Second by Selectman Thayer.  Motion passed with a unanimous vote.

  • Continue review of perambulation of the town lines between the Town of East Kingston and the Town of Newton
Office Manager Winglass informed the Board that she spoke with Dennis Quintal, Chairman of the East Kingston Conservation Commission who agreed to meet on Saturday, October 6, 2012 at 9am at the entrance to the Industrial Park in East Kingston.  The Newton Board of Selectmen all plan on attending.

  • Letter from Newton Greenhouse Re: Planting on town property
Selectman Melvin read a letter to the Board of Selectmen requesting the town grant permission to Ann Miles to plant flowers in a public location.   The Board decided to write a response letter stating that we did give Miles permission and that permission must be granted by the Board of Selectmen before anyone plants on town property.

  • Continue review of paving bids
Road Agent Mike Pivero was present.

The Board continued this discussion due to Selectman Melvin having input on the subdivision on Maple Avenue.  Pivero started the conversation by stating that he did not receive the message from McCarthy about not paving Maple Avenue until Wednesday afternoon; he thought the Board was meeting on Thursday but when he came in he found that the Board had already made the decision not to pave Maple Avenue.  

Pivero asked the Board to recap to make sure we are all speaking the same language; the Maple Avenue subdivision was never approved by the Planning Board.  The Planning Board issued a conditional approval with four conditions that were never met before the deadline of December 12, 2007 nor did the applicant request an extension.  The Board reviewed a memo from the Planning Board outlining the Notice of Decision for this subdivision; Pivero confirmed through the Planning Board that the applicant never followed through on the conditional approval.  The plan does not have a final approval nor is it signed by the Planning Board.

Pivero added that he will go to another road but does not want to revisit this next year; if it was in front of the Planning Board now and had some life then it would make sense.  Selectman Melvin agreed that he would not revisit this again next year; he understood exactly what Pivero is saying regarding revisiting this next year.  Selectman Melvin responded that what he believes is that since 2007 the property has been assessed according to the subdivision plan.  Selectman Melvin asked if we are going to give them a refund for assessing them as an approved subdivision plan.  Pivero responded that is above his pay grade.  Melvin responded that it is better for us with two individuals interested in this property to wait the year.  Pivero responded that next paving season he does not want to revisit this again; he needs to move forward with the Roadway Condition Evaluation Plan.

Selectman Melvin responded that he appreciates that Pivero has a plan.  Selectman Melvin responded that with this particular situation he would really like to wait.  Pivero responded then we will wait. A discussion took place of the drainage issues on Maple Avenue.

Chairman McCarthy questioned if we wait for a year are we setting a precedence.  The Board decided that if another developer comes along then they would look at each individual case.  Pivero added that this really only changes the paving schedule.  Pivero talked about looking at a drainage manhole with a patch across Maple Avenue.  Selectman Melvin talked about having the Planning Board follow Pivero’s recommendation for any work completed by the developer on Maple Avenue.  Pivero responded that he looks at it differently; he is thinking of the residents not the developer.  Selectman Melvin responded that he is trying to get the developer to pay for the work not the residents.  Again Selectman Melvin promised that Pivero will not get a fight from him next year.

Hadley Road was the next road on the paving list but there may be additional funding required; Pivero gave an estimated additional cost to include drainage work with a whole new swale system between $5,000 to $10,000.  

Chairman McCarthy motioned to increase the road paving amount out of the Highway Block Grant for the potential increase of Hadley Road for $10,000 for a total of $140,000 as opposed to the $130,000.  Second by Selectman Melvin.  Motion passed with a unanimous vote.

  • Cont review regarding the removal of the underground storage tank
Office Manager Winglass discussed a letter received from C.A.B. Services, Inc. regarding the test results of the composite soil sample found to be within the State of New Hampshire’s Acceptable Guidelines.  Based upon this information, no further action by the NHDES or investigation is warranted at this time.

C.A.B. Services added that due to the onsite water supply well and the fact of not knowing the next use of the property might be or owned by whom; C.A.B. suggested re-excavating the grave below the original tank location and take another sample to be tested.  Winglass spoke with C.A.B. about their recommendation for why would the town take another sample to be tested when the first test came below the state standards.  Their response was because of the strong odor of oil in the area he suggested we dig out approximately 2 yards at a cost of $2,000 to $2,500.  C.A.B. also suggested that we have the water tested.  

Selectman Melvin stated that the test came in below the state standards and the town can disclose this letter to any potential buyer.  The Board agreed to leave it for now for any Buyer’s Agent would take a look into the records.

Selectman Melvin added that he is not in favor of putting any money into the property and then talked about the electrical riser work.  The town received $600 from Triumph Modular for the damage to the electrical wires; the electrical work will be done by the end of the month since this is a safety issue.

The Board asked for the town’s cleaning company to “broom” clean 2 Amesbury Road which includes the floors, cob webs, dust, make it smell good and clean the bathroom.

(CMA) Commercial Market Analysis - the Board discussed the need to move forward with a CMA.  Chairman McCarthy responded that we need to give Winglass some agent names and as long as they are not giving a referral nor any interest then there is no conflict of interest.  Winglass agreed that with the knowledge that McCarthy and Melvin have in the industry, pointing her in the right direction is not a conflict of interest.  Once we receive three CMA’s, the Board of Selectmen will make the final decision.

Selectman Melvin added that just to make this clear, Melvin or McCarthy may bring to the town a buyer for this property.  Melvin added that there is no conflict of interest if the Selectman steps down from voting.  Selectman Melvin stated that he already may have a buyer for the property and would receive a commission as the Buyer’s Agent.  A discussion took place regarding the Town Code of Ethics Ordinance which addresses “Disclosure and Disqualification” and “Financial and Personal Interest”.  

Chairman McCarthy talked through a hypothetical scenario including Melvin as the Buyer’s Agent in that he would not be able to advise, deliberate and/or vote on any matter regarding the sale of the property.  Wrigley added that she feels it would be a conflict for the three Selectmen should be working in the best interest of the town.  Chairman McCarthy added that as the Buyer’s Agent he would only work with the listing agent, not the Board of Selectmen.

The Board decided to get a legal opinion from Town Attorney Sumner Kalman on a Selectman working as the Buyer’s Agent for the sale of 2 Amesbury Road.  

  • Announcements
  • Other Business, Sign Manifests, Requisitions, Abatements, Tax Credits, Correspondence and Appointments
  • The Board changed the date for the next Safety Meeting to October 3, 2012.
  • The Board signed a Veterans Exemption for Map 008-03-11-42 effective 2013.
  • The Board signed a Land Use Tax Change for $5,600 for Map 008-03-11-47 & 48.
  • The Board approved the Use of Greenie Park for a resident flying motorized airplanes.
  • The Board reviewed a fax from Robert White.  Town Administrator Wrigley added that White wants to come in and for the Board to make a decision regarding access to his property.  Wrigley suggested sending a response letter to White explaining the situation.  The Board decided to have Town Attorney Kalman to explain the reasoning.  Selectman Melvin asked to review with him what has happened in the past.  A discussion took place regarding the warrant articles in the past and Selectman Melvin asked if we could find the answer to one question.  The question is that the town gave him permission to gain access by three ways and the decision to be made by the Planning Board and approval by the Board of Selectmen.  Melvin stated that White’s Attorney tried to say that the Planning Board was going to transfer the easement to him but that cannot happen for only the Board of Selectmen have that authority.  Selectman Melvin added that he told White that he should be suing the town for not fulfilling the warrant article.  The warrant article said that he would get a right of way and we had three choices.  Wrigley added that there were two warrant articles; the first is for the Planning Board to issue an easement with three options and yet they do not have the authority to issue the easement.  The second warrant article failed.  The staff will put together a timeline of what has happened over the years.
  • Adjourn
Chairman McCarthy adjourn the meeting at 6:49pm.

                                                        Respectfully Submitted,



                                                        Mary B. Winglass, Office Manager