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October 1, 2013 Board of Selectmen Minutes
NEWTON BOARD OF SELECTMEN
DATE: TUESDAY, OCTOBER 1, 2013
TIME: 5:30PM
LOCATION: NEWTON TOWN HALL, 2 TOWN HALL ROAD

PUBLIC MEETING

  • Call to Order, Roll Call Vote
Selectman Melvin opened the meeting at 6:02pm.  In attendance were Selectman Charles R. Melvin, Sr., Selectman Robert S. Donovan, Jr., 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 Raymond D. Thayer was not present.

Selectman Melvin motioned to go into Nonpublic Meeting under RSA 91-A:3 II (a) - Employee Matters; (c) - Code Enforcement; (b) - Interim Treasurer; (a) - Employee Evaluations; (b) - Police Department.  Second by Selectman Donovan.  Motion passed with a unanimous roll call vote.

Selectman Melvin motioned to close the nonpublic meeting at 6:57pm.  Second by Donovan.  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 appointing Mary Riordan as the Interim Deputy Town Treasurer with an expiration date of April 30, 2014.  
  • The Board unanimously approved to increase Deputy Town Clerk/Tax Collector Cheryl Saunders from Grade XIII, step 8 to step 10 effective date of July 31, 2013.  
Selectman Melvin called the public meeting back to order at 7:05pm.

  • Pledge of Allegiance
  • Introduction of Guests
  • Approval of Minutes (Review prior to meeting)
  • Scheduled Business
  • Statewide Materials Corp Re: Landscaping at Greenie Park
Ted Grimbly of Statewide Materials was present.  The Board questioned him on the maintenance of the baseball fields and asked that he watch the sprinkler schedule next year for the fields seemed dry this year.  Grimbly responded that he will and plans on blowing out the sprinkler system in the next couple of weeks.  Weed control on the infields needs to be watched more closely next year.

Selectman Melvin motioned to continue on with Statewide Materials with the second year of the landscaping contract.  Second by Donovan.  Motion passed with a unanimous vote.

  • Town Attorney Sumner Kalman Re: New Hampshire Municipal Stormwater Coalition
Selectman Melvin read a letter from Attorney Sumner Kalman explaining the enclosed letter from Jeffrey Longsworth stating the town’s exposure is limited to monies already spent and that any additional matters may be added in the future are to be negotiated at the appropriate time.  Selectman Melvin signed on behalf of the Board of Selectmen stating they acknowledge and agree.

  • Road Agent
  • Letter to residents on Wenmarks Road
Road Agent Mike Pivero was present to discuss plowing Wenmarks Road and handed out a timeline.  Pivero stated that the town cannot use public funds to plow a private road but he does not want to leave the residents high and dry.  Pivero researched past decisions on this issue and since Wenmarks Road is privately owned; his recommendation is to send a letter to the owner informing him of his obligation to maintain the road as an emergency lane year round.  If he chooses not to he will be charged by the town per the plow rates set by the Board of Selectmen.  A letter will be sent to the owner and hand delivered by Road Agent Mike Pivero.

  • Power and road to Sand/Salt Shed
Road Agent Mike Pivero was present and discussed that presently there is no power and lights at the salt shed which was built four or five years ago.   He has been running his own generator at no cost to the town but it is not the right way to do it and it is not efficient or safe.  Down there in a storm it is dark and you have loaders and trucks and we need lights.  Pivero added that he already donated work in anticipation of putting power in at this location but the remaining work has to be completed by a licensed electrician or he would do it himself.  The Board asked if he has funds in his budget.  Pivero responded that he will find funds in his budget.

The Board approved this purchase and asked Pivero to submit a requisition for their signatures.
Road to sand/salt shed.  

Pivero discussed that the Board will soon be putting up a new fence around the Transfer Station.  A discussion took place on how it will not be very efficient now that there will be two gates to get to the sand/salt shed.  The Board added that only the gate at the road needs to be closed when personnel come and go.  We have not solved the problem of having to close the gates each time the road crew and contract labor (snow plowing contractors) come and go.    

Selectman Donovan responded that we need to find a way to work together before we can get a separate access road to the sand/salt shed.  Pivero understands that he needs to close the gates and we can look at budgeting for the installation of a road for next year.

  • Clarification on signage - Wilders Grove Road
Road Agent Pivero informed the Board that he went to Wilders Grove Road today with the Kingston Road Agent.  Pivero added that there are no magic signs to address the situation on the road.  The Newton Fire and Police Department as well as the Kingston Police, Fire and Selectmen all feel that it needs to be addressed with the target goal to aid emergency responders.  

Selectman Melvin responded that he has to look to the residents.  Pivero responded that he understands the desire to please the residents when you can but the inconvenience outweighs the needs for emergency responders to be able to find their way along the road.

The Board decided to get in contact with Kingston to set up a meeting.  

D.  Town Administrator Re: Bookkeeper’s Hours and keeping multiple jobs separate

Town Administrator Nancy Wrigley asked to have this item on the agenda for she wanted to discussed September 17th nonpublic meeting when items were discussed that were not on the agenda and she was not here.  Bookkeeper/Payroll Administrator Rick Milner showed the Board a copy of the September 17th agenda.

Wrigley added that she is curious as to why this all transpired when it was not posted and she is not sure what half of this means which makes it difficult to relay to the towns employees.

Selectman Melvin stated that he knows why he went to 25 hours.

Town Administrator Wrigley referenced the memo she received with the first item on hiring and she has no problem with this information.  

One questioned she had is the directive that the Town Administrator needs to assist the Treasurer, not the Bookkeeper.  Wrigley added that she does not know what this means for she does assist the Treasurer not the Bookkeeper.   Selectman Melvin responded that he has no problem with the Bookkeeper and the Town Administrator working together; the Treasurer and the Town Administrator works together.  Problem is with the Bookkeeper working with the Treasurer due to the balancing of the books.  Selectman Melvin added that Wrigley told him that the Bookkeeper was doing some of the Treasurer’s work; Wrigley responded no.  Wrigley added that they work on reconciling the books.  Selectman Melvin responded that Wrigley told him that the Bookkeeper was working with the Treasurer to help solve a problem and it was working well.  Wrigley responded that they were working on the reconciliation.  Wrigley added that for the first time in many years the accounts are reconciled; they are not working on each other’s computers.  Selectman Donovan added that he remembers the conversation and the specifics on what they were working on were not given to the Board.  

Wrigley then discussed the 25 hours for the Bookkeeper hours.  Wrigley stated that she has a problem that this was discussed when she is the supervisor and was not part of the conversation.  Wrigley added that she did the research on rates paid to Bookkeepers in other towns and she handed out the information.  Wrigley added that there is no way we can accomplish what you are looking to have done in 25 hours when most towns have one to two full time staff.  

Selectman Melvin responded that the Bookkeeper has an assistant who has not been trained or called in to help.  If the assistant cannot come in to pick up the extra time then we need to find someone who can for what the Board is trying to do is to stop overtime.

Wrigley added that Milner still has some training and you cannot have two people doing the Bookkeeping when it is a one person job.  Melvin questioned how we would be able to pay our bills and employees if anything happened to Milner when we do not have our backup know how to run the new software.  Wrigley added that they have met and there are manuals showing step by step.  Melvin responded that he has not seen any payroll for that person; Wrigley stated there are no funds to bring in this other person.  Melvin responded but there is money for overtime.

Wrigley added that she is not approving anymore overtime; Milner completed the set up of the accounting and she budgeted 35 hours and he is doing 30 to 32 hours per week.  Melvin responded that he is staying at the 25 hours; Wrigley responded that things will not get done.  He is multitasking with no overtime in the bookkeeping office.  Milner has two time sheets and the Planning Board approved overtime for Milner as the Administrative Assistant.

Wrigley explained that Milner was a permanent part time employee as the Planning Board Administrative Assistant prior to being hired as the Bookkeeper/Payroll Admin.

Milner asked to address the Board at the end of the discussion.

Wrigley added that her concern is that we are at the end of the year with budgeting, auditors and the town report; 25 hours does not cut it.  Selectman Melvin responded then let’s put this discussion on hold for he is not changing his mind; we will need to wait until Chairman Thayer is back.  Wrigley responded that the town will not get the work done.  Melvin responded then bring in the assistant for he does not approve of overtime.

Rick Milner, Administrative Assistant to the Planning Board and part time Bookkeeper/Payroll Administrator asked to address the Board.

Milner stated that he understands now why the Board cut his hours and asked Donovan if that was his reasoning as well; Donovan responded yes we need to get the assistant in here and trained to get the work done.

Milner echoed the Town Administrators responses for there is no overtime in the Bookkeepers office and there has not been for quite a few weeks and any overtime was approved by the Selectmen in advance.  The Planning Board approved overtime from their department and it is difficult to understand why anything has changed.

Milner added that there is no mixing of the Planning Board and the Bookkeeper position and he would like to have something in writing; for you gentlemen are not there so I don’t know how you know that.  Milner added that he keeps handwritten notes on his hours on when he does Planning Board and when he works in Bookkeeping.  Therefore that statement is incorrect and would like to know off the record sometime where you get these ideas.

Milner added that he has two supervisors that approve his timecards and both of his supervisors are at the Town Hall more than the Selectmen during Milner’s working hours.  Any statement to the contrary is not an accurate statement and if decisions are being made off incorrect assumptions then he suggests we go back and get the facts before making a decision.

Milner addressed bringing in an assistant; Milner will need extra hours to train and yet the Selectmen are cutting his hours but giving them to someone else which does not make sense.  It does not make sense to give them to someone else who is inexperienced, doing the job part time and not having a clear understanding of everything involved with the job.  Melvin responded that it does make sense for the assistant is the one who trained you.

Milner responded that things in the office are a lot different now and he could go through the record on what was done training wise.  Milner added that he pulled out the records for 2012 for the entire year and the town did not have a problem paying three people in the position for well over three months and now asking him to do it in 25 hours when last year totals came to 40 +/- hours for three people.  Given the hours paid to the assistant who worked last year as the bookkeeper, it seems that it was ok for the town for five months to do that but now it is not okay; again it is contradictory.  This is also proof to the Town Administrator’s statement that you cannot do the job in 25 hours.

Milner added that between the two positions (Planning & Bookkeeping) he has saved the town 13% on the budget so far this year.  It does not seem like you are trying to save on overtime but to reapportion where the hours go.   

Milner added that he just wants to be clear on how we are making our decisions and making sure they are based upon facts.  Again three people did the work last year that he is doing and at the year end there were many discrepancies that Milner corrected with the assistance of the town auditor.  Six month of PD overtime not accounted for; nine months of special details not accounted for; NH retirement - five months of discrepancies; he had to review an entire year to correct the problems created by whomever the prior year.  $29,000 in encumbrance errors; corrected an entire year of building department errors unaccounted for properly in the bookkeepers office.  Training scheduled for 90 days, it stopped after 30 days.  Training had to start all over from scratch to include the year end closing which was never given.  All the work that he was not trained on needed to be completed in the last 30 days.  Reimbursement reports for Emergency Management to the State not completed for an entire year; that is money the State gives back to the town paying for Emergency Management; free money we get back for money spent was not done for a whole year.

The Board questioned what this has to do with the hours.  Milner responded that it shows how much work needs to be done.  Selectman Melvin questioned why he is doing Emergency Management work when it should be done by that department.  Milner responded that it was assigned to him as the record keeper and all the records are kept in the Bookkeepers Office.  Town Administrator Wrigley added that it has to do with the timesheets which is part of payroll.

Milner then address Nonpublic Session per State Law; the motion needs to state the specific exemption.  All discussions and decisions made shall be defined as set out in that motion.  One could say that this decision was not done properly and is not valid for this process was not followed properly.  Milner’s suggestion for the future is to talk about things prior to making decisions.

Selectman Melvin responded that last year we had three different bookkeepers working in the office and that was the reason for the additional hours for two of the bookkeepers resigned from the position and that is when Milner came in.  Melvin added that if Milner is unhappy with the way the Board of Selectmen is doing their job then he suggests resigning from the Bookkeepers job and running in March for Selectman.  

Milner responded that he never said that he was unhappy just pointing out the proper way to do things and per the State law and he is trying to help.  Melvin asked if all the work that he has put in to prepare for this meeting; was it done on town time or personal time?  Milner responded what do you think; Melvin responded I don’t know that is why I am asking.  Milner responded that his time sheet accurately reflects all work done for the town.

Town Administrator Wrigley asked to point out one other thing.  When she went through the interview process and she went through this twice; each person was interviewed by Wrigley.  The applicants were all told the same thing; there are no scheduled hours for the Bookkeepers office as the Bookkeeper does not work for the public.  Work is to be kept at the Town Hall and to be available to the department heads in case they have questions about bills, payroll or budgets.  They were also told that they could work on Fridays when the Town Hall is closed.  

As far as addressing the multiple positions, she does not see a problem for we have a lot of part time employees.  We advertised for a Treasurer and we could not get one, it is not like everyone is beating down the door to work for the Town.  Wrigley added that a memo went out to those that work multiple jobs and not knowing what was behind this decision and asked what it means if an employee holds multiple jobs then they are to keep it separate.

Selectman Donovan answered that in his opinion this is happening when the Bookkeeper or the Permit Clerk are conversing; why is he getting emails at 10 in the morning when he should be doing Bookkeeping or permit work.  Wrigley responded how do you not know they are not talking Bookkeeping or Building Department.  Donovan responded that when you are doing the Bookkeeping job, don’t take a half hour off and go the Planning Board and then come back to do Bookkeeping.  Do one job and then move on the other.

Town Administrator again talked about how the Bookkeeper does not have scheduled hours and she trusts them to do what they say.  If you cannot trust your employees then you have a problem.  The job is getting done and you are tying her hands and the work will not be completed because there will not be enough hours to do it all.

Town Administrator Wrigley brought up the interim Treasurer is also on Recreation and the Cable Committee.  When she comes in to do the deposits for Treasurer we are not allowed to ask her a Recreation question because she does not have that hat on.  She is honest listing her hours for the different positions.  You cannot allow these part time employees not to assist us when at the Town Hall, it does not make any sense and we are not breaking the bank at $10 per hour.  Wrigley added that she trusts them and not for one minutes does she think that they are being dishonest.  Wrigley added that she is paid for 40 hours each week but she puts in 60 hours every week with no recognition and does not ask for it; but don’t beat up on the employees doing a good job.  Wrigley added that we have trouble keeping people and if they leave…you are tying her hands and she can’t do her job for you taking all her people out from under her.  Wrigley added that she feels that the Board is mistreating them and by giving her this memo that does not make any sense and she is to go to the employees and explain when she was not even privy to the conversation.  

Selectman Melvin responded by giving Town Administrator Wrigley the same option that he gave the Bookkeeper; resign and run for Selectman.  Wrigley responded that you would love that but it is not going to happen.  You have been disrespectful by not including her in the discussion.  It was not noticed properly and was an illegal meeting; you have no right to talk about people without them being present because you did not want her opinion.  Selectman Melvin responded that he would have done it with or without her present.

Bookkeeper Rick Milner asked to comment to Selectman Donovan; if you go back to the facts the prior Bookkeeper worked in about five different departments such as being on three different boards and was paid for a few different positions in the town.  To say that person was not balancing things here and there, so again you cannot have a double standard and say it was okay last year but not now.  Donovan responded that he was not here last year and he contacted the office to find out if it was legal to do Bookkeeper and Planning Board.  So please do your homework before calling him out.  

Wrigley asked the Board to give her some insight on how to respond to the employees working multiple jobs such as the Interim Treasurer/Recreation/Cable.  Selectman Donovan responded that if you come in to work on one job you are not effective if you are interrupted numerous times to answer questions on another department.  Do one job and then move onto the next job.

Diane Morin, Interim Treasurer/Recreation Secretary and Cable Station Manager was present and asked the Board for clarification that if she comes in working as the Treasurer then that is all she is to do.  One scenario described is if she is waiting on something in the Treasurer’s office is she not to go upstairs to cable while she is waiting.  The Board responded that you do one job and then the other.  Morin questioned then she is to wait to finish one job which is wasting 15 minutes.  The Board responded that you are to do one job at a time.  Selectman Donovan explained that say you are working in the Treasurer’s office for one hour, he does not want to see 16 interruptions during that time.  Morin responded that she understands.  

Milner added that for the record he has always done what was just stated and he is complying.
   
E.  Recreation Commission
  • Merry-go-Round at Greenie Park
Peter Dearborn from Amesbury was present and showed the Board pictures of the Merri-go-round donated from Amesbury.  Recreation Commission Chairman Annie Collyer was present and informed the Board that this is an older piece of equipment, metal and it has been painted.  The original thought was to put it at the beach but there is no good place to put it.   Local Government Center was contacted and there is no concern to this piece of equipment to be placed at Greenie Park.  

One concern from the LGC at Greenie Park is the sand depth at the playground area; they recommend 9 inches of sand.  This is a concern to be addressed as we move forward.  Second area is a change to the swing set chains which can be addressed easily and the third is the slide for it was very hot from the sun yet the weather was cool.  LGC had a concern with the slide and recommend that it is removed now.    
Selectman Donovan asked Road Agent Mike Pivero if there is any chance the Road Crew could go down and pull it out and put it in the metal pile.  Pivero responded that the cost would be around $200 to remove the slide and bring it to the metal pile.  The Board gave Pivero the authority to do the work.

Selectman Melvin motioned to accept the Merri-go-round for Greenie Park from the City of Amesbury.  Second by Donovan.  Motion passed with a unanimous vote.

  • Landline at the Town Beach
Recreation Commission Chairman Annie Collyer was present to discuss removing the landline at the Town Beach for they currently have portable phone/radio from the Police Department at their disposal during the summer months.  The Board decided to keep the landline for now for if the radio is dropped in the water then they have a backup.

Collyer will contact the telephone company to shut the landline off for the winter.

  • Requisitions
The Board signed requisition #2441 dated 9/17/13 for two porta potties for the Fall Fair at a cost of $100

The Board signed requisition #2427 for custodial services dated 9/17/13 for 240.000

The Board signed requisition #2426 dated 9/17/13 to pay for the DJ for the Town Event, Fall Fair for $300.00

F.  Per RSA 31:95-b to accept and expend unanticipated funds in the amount of $40.00 from the Newton Historical Society to the Newton Food Pantry

Selectman Melvin motioned per RSA 31:95-b to accept and expend unanticipated funds in the amount of $40.00 from the Newton Historical Society to the Newton Food Pantry.  Second by Donovan.  Motion passed with a unanimous vote.

G.  Continue review of 2014 Budget Worksheet and Schedule

The Board decided to give the departments some direction for the proposed 2014 budgets to keep it under 2% if possible and to bring warrant article ideas when you meet with the Board.  Office Manager Winglass will prepare a schedule to send out to the departments.

Selectman Melvin motioned to all departments to place a cap on spending over $500, unless you receive approval by the Board, a department freeze on all spending other than normal department day to day activities/functions.  Second by Donovan.  Motion passed with a unanimous vote.

  • Announcements
October 14th the Town Hall will be closed in observance of Columbus Day

  • Other Business, Sign Manifests, Requisitions, Abatements, Tax Credits, Correspondence and Appointments
The Board signed a letter to the Trustee of Trust Funds regarding the Emergency Operating Center Account.  

The Board read a request from the Zoning Board of Appeals to use the Main Hall on Tuesday October 15th for they will be holding a public hearing.  The Board decided to still hold their meeting on the same night in the Selectmen’s Office.

The Board signed a 2014 Veteran’s Credit for Map 10-5-1-B.

The Board signed the Payroll Manifest for pay period of 9/8 to 9/21.

The Board of Selectmen asked to send out a message to all employees that they must completely fill out their timesheet to include the hours and what they did; completely fill it out with hours and description.

Selectman Melvin motioned to sign the Vendor Manifest in the amount $1,326,828.60.  Second by Donovan.  Motion passed with a unanimous vote.

  • Adjourn
Selectman Melvin adjourned the meeting at 9:33pm.  


Respectfully Submitted,


Mary Winglass, Office Manager