NEWTON BOARD OF SELECTMEN
DATE: TUESDAY, MAY 6, 2014
TIME: 6PM
LOCATION: NEWTON TOWN HALL, 2 TOWN HALL ROAD
PUBLIC MEETING
- Call to Order, Roll Call Vote
Chairman Donovan opened the meeting at 6:02pm. In attendance were Selectmen Robert S. Donovan, Jr., Chairman, Matthew A. Burrill, James L. Doggett, Lawrence B. Foote, Charles R. Melvin, Sr., Town Administrator Nancy J. Wrigley and Selectmen’s Office Manager Mary Winglass. The meeting was audio and video taped; minutes were transcribed and typed by Winglass.
Donovan motioned to go into Nonpublic Session under RSA 91-A:3 II (c) - Fire Department; (a) - Performance Evaluations. Second by Doggett. Motion passed with a unanimous roll call vote.
Donovan motioned to close the nonpublic meeting at 7:19pm. Second by Foote. Per a unanimous roll call vote, the minutes of the meeting will remain confidential until in the opinion of the members the circumstances no longer apply.
- Pledge of Allegiance
- Introduction of Guests
- Approval of Minutes (Review prior to meeting)
- Selectmen’s Public and Nonpublic Meeting minutes dated April 15, 2014
Donovan motioned to accept the Selectmen’s Public and Nonpublic Meeting minutes dated April 15, 2014 as written. Second by Burrill. Doggett asked to hold off from accepting the minutes for there are a few minor changes. Motion failed.
- Scheduled Business
- Continue review/update on Wilders Grove culvert
Road Agent Mike Pivero met with the Board to answer any questions they may have regarding the response from NHMA Staff Attorney Paul Sanderson and the agreement from KV Partners regarding the Wilders Grove culvert.
Doggett motioned to contract with KV Partners for the engineering work for the reconstruction of the Wilders Grove Culvert for the anticipated amount of $7,500.00. Second by Foote. Motion passed with a unanimous vote.
Pivero added that the cost is higher than anticipated for the engineering services and reminded the Board that he will pay for it out of his budget but we may need to revisit this if something comes up this year. Pivero added for all to keep an optimistic thought for the work to be done this September.
- Continue review of Tanker 4
Fire Chief Ingalls was present to answer any questions the Board may have with a quote he received to perform a general inspection to Tanker 4 in the amount of $196.00.
Donovan motioned to keep the tanker 4 out of service until it is safe and repaired. Second by Doggett. Melvin feels they should send it to be repaired; Ingalls responded that he does not want to spend his whole budget on this truck. Donovan asked Ingalls to get an estimate on what it would cost to fix everything for the next meeting. Motion passed with Melvin abstaining.
- Release of Katherine Drive Performance Guarantee
Doggett explained that at the last Planning Board meeting it was recommended to release the performance guarantee for Katherine Drive by a unanimous vote. Katherine Drive has been accepted for two years and the Road Agent has given his approval.
Doggett motioned to release the Katherine Drive performance guarantee in the amount $17,750.00 held in a letter of credit. Second by Foote. Motion passed with a unanimous vote.
- Sargent Woods Water Franchise Notification
Doggett explained that at the last Planning Board meeting they reviewed the perimeters of the Hampstead Area Water Company water franchise with the reason to amend is due to a merge of Tax Map 7-5-4 with 8-3-11 as part of the Sargent Woods condominium community expansion project. The notification received includes a request for the Selectmen to sign a letter to the Public Utilities Commission informing them that the town has been noticed of the proposed petition. The expansion is in compliance with the site plan approved by the Planning Board.
Doggett motioned for the Board Chair sign the letter and return it to the Public Utilities Commission. Second by Foote. Motion passed with Melvin abstaining.
- Gale Library program requests at the Town Hall
- June 25th @ 6:30pm Magician Peter Boie through a KBA Grant
- July 25th @ 6pm Performer for the Summer Reading Program through a Kids, Books and Arts Grant
Foote read two emails from Sue Mears, Children’s Librarian asking to use the Town Hall for two programs this summer.
Foote motioned to approve the Gale Library for the use of the Town Hall on June 25th and July 25th. Second by Doggett. Motion passed with a unanimous vote.
F. Recreation Commission: Greenie Park Renovations
Annie Collyer, Chairman of the Recreation Commission was present and discussed multiple items which she wanted the Board of Selectmen to be aware of for Recreation are proposing the following;
Security cameras at the Town Beach and Greenie Park
Parking at Greenie Park
Separation of skate park and playground
Removal of tennis court fence
Volunteer labor
Trails
Payment procedures
Funding for the work at Greenie Park
Activities and Events planned for 2014
After Collyer gave her presentation on each item, the Board asked that she prioritize the list and to include the cost.
Collyer asked for the Board to reconsider the approval process for the purchase of items under $500 that have been budgeted for without having to receive approval by the Board of Selectmen. Items such as flags and printing the programs for the Memorial Day Parade. Doggett explained that since the Recreation Commission has appointed members, not employees or elected officials, it has been the policy of the town to oversee expenditures.
Doggett motioned to authorize the Town Administrator to oversee and approve purchases for the Recreation Commission up to $500. Donovan questioned if others will then want the same treatment. Doggett responded that Recreation is the only one with their hands tied. The Recreation revolving account is separate and per state law requires the approval of the Board of Selectmen. Second by Foote. Town Administrator Wrigley asked to change the amount of $400. Doggett motioned to amend to $400. Second by Foote. Motion passed with a unanimous vote.
G. Continue review of YMCA Swim Lessons Agreement
The Board reviewed a response from Risk Management and Town Attorney who both had concerns with paragraph 6 which obligates the town to “maintain at its expense during the terms of this Agreement comprehensive liability insurance for the joint protection of the town and the YMCA against claims for personal injury, death or property damage. Paragraph 7 “Indemnification” also was a concern for the agreement states that the town shall indemnify and hold harmless the YMCA and its officers, agents and employees from any and all claims, damages, losses and expenses, injury, death, or accident, including court cost etc. The town cannot contractually agree to a blanket indemnification beyond insurance coverage without creating a liability. Burrill suggested that the town approach the YMCA. Doggett added that he has a
major concern with this agreement.
Burrill motioned if this is the YMCA’s first offer, we send to them our counter offer which is reflected in what Attorney Kalman sent to us and then see their reaction. Second by Doggett. Motion passed with a unanimous vote. Worse case we will not be able to offer swim lessons this year if we cannot make it work. Collyer will contact the YMCA with the town’s counteroffer.
H. Review amended Transfer Station Policy
The policy was amended per a motion at the April 15th meeting; an amended original policy and signature page was prepared for the Board. The Board signed the signature page.
I. Continue review of Transfer Station generator
The Board reviewed three estimates received to repair the radiator in the Transfer Station generator as follows;
Powers Generator, Swanzey, NH in the amount of $1,079.00
Chamberlin Electric, Hudson, NH in the amount of $2,460.00
Merrill’s Radiator, Concord, NH in the amount of $1,889.00
Melvin motioned to go with Powers Generator from Swanzey, NH for the amount of $1,889.0 as they are the lowest. Second by Foote. Motion passed with a unanimous vote.
J. Memorial Day Parade Grand Marshall
The Board discussed that they have had no luck at this point finding a Grand Marshall. A Grand Marshall is someone we honor for their past and present military service to our country.
Office Manager Winglass suggests honoring a Veteran buried in the cemetery, tell their story and invite family members to attend. This has been done in other towns and is a great option in honoring our fallen heroes. The Board agreed to this solution and asked to contact President of the Historical Society Bill Landry to see if he can help with selecting a Veteran and to contact Robert Dezmelyk to see if he would be willing to read a short story about the Veteran being honored.
K. Per RSA 31:95-b to accept and expend unanticipated funds to the Newton Food Pantry in the amount of $30 from Historical Society and $17.90 from Newton Learning Center (Planet Aid)
Melvin motioned per RSA 31:95-b to accept and expend unanticipated funds to the Newton Food Pantry in the amount of $30 from Historical Society and $17.90 from Newton Learning Center (Planet Aid). Second by Burrill. Motion passed with a unanimous vote.
L. Continue review of Robert White Access Easement
The Board reviewed a letter from Town Attorney Sumner Kalman regarding Robert White Access Easement.
Doggett motioned to send Mr. Robert White a copy of the letter to the Board of Selectmen from Town Attorney Sumner Kalman dated April 28, 2014. Second by Foote. Motion passed with a unanimous vote.
M. Review of Newton Violence Prevention Policy
Last week the Board of Selectmen received a copy of the Violence Prevention Policy from Bill Landry member of the Newton Safety Committee. Burrill was ok with the policy but asked to strike out on page 1 Prohibited Behavior, “Possession of weapons of any kind on Town property, including parking lots, other exterior premises or while engaged in activities for the town in other locations, or at Town sponsored events, unless such possession or use is a requirement of the job”. The State legislature is the only body that can regulate weapons.
Foote motioned to change the Violence Prevention Policy by eliminating on page 1, number 4 and to send it back to the Safety Committee for their review. Second by Burrill. Wrigley added that the Safety Committee has no authority to overrule the Board’s decision.
Doggett motioned that we adopt the Violence Prevention Policy with the editorial of eliminating #4 on page 1. Second by Burrill. Motion passed with a unanimous vote.
The Board then signed a cover page for the Town’s Safety Manual which includes the Violence Prevention Policy.
- Monday May 26, 2014 Memorial Day Parade
Burrill discussed his involvement with the Memorial Day Parade through the Recreation Commission and all departments were invited to get involved this year.
- Other Business, Sign Manifests, Requisitions, Abatements, Tax Credits, Correspondence and Appointments
Donovan asked if everyone has reviewed the requisitions; all replied yes.
Doggett motioned to approve the (10) ten requisitions as listed on the memo dated May 6, 2014. Second by Burrill. Doggett asked if this is the same Kubota that we have been working on; Donovan responded yes but this is a new repair and is being picked up to give us a cost of the repair.
Due to the fact that some of the requisitions are paid out of a revolving account, the Board made motions for each individual requisition.
Doggett motioned to approve requisition #0100. Second by Burrill. Melvin asked what is wrong with the Kubota now; Donovan responded that it is leaking power steering fluid. Motion passed with a unanimous vote.
Doggett motioned to approve requisition #2472 from the Recreation Commission to purchase a HP Probook 450 computer and Microsoft Office 2013 in the amount of $908.00 from RMON Networks. Second by Foote. Motion passed with a unanimous vote.
Doggett stated that the Selectmen already reviewed requisitions #2453, 2452, 2471, 2454 and 2473 and given the Town Administrator the authority to approve them.
It was discussed that requisition #2471 and 2454 are over the limit of $400 for Town Administrator approval.
Foote motioned to approve requisition #2456 for the Fire Department cost of repairs to Tanker 5 in the amount of $2,675.75. Second by Burrill. Motion passed with a unanimous vote.
Doggett motioned to approve requisition #2471 for the Recreation Commission to purchase a portion of the ticket cost toward a senior event at the North Shore Music Theatre in the amount of $925.00 paid from the Senior Warrant Article. Second by Burrill. Motion passed with a unanimous vote.
Doggett motioned to approve requisition #2454 for the Recreation Commission for the cost of a Charter Bus to the North Shore Music Theatre in the amount of $800.00. Second by Foote. Motion passed with a unanimous vote.
Doggett motioned to approve requisition #2504, Cable Committee purchase of (12) wireless lapel microphones in the amount of $7,124.00 paid from the Cable Revolving Fund. Second by Foote. Motion passed with a unanimous vote.
Doggett motion to pay the Vendor Manifest dated April 29, 2014 in the amount of $589,370.32. Second by Foote. Motion passed with Melvin abstaining.
Doggett motioned to approve requisition #2505, Cable Committee update to the music on channel 20 with the purchase of an AM/FM Tuner and Antenna in the amount of $286.25 paid from the Cable Revolving Fund. Second by Melvin. Motion passed with a unanimous vote.
Foote motioned to approve the Vendor Manifest dated April 29th in the amount of $5,723.78. Second by Doggett. Motion passed with Melvin abstaining for he has not seen it.
Foote motioned to approve the Vendor Manifest dated May 6, 2014 in the amount of $9,554.96. Second by Doggett. Motion passed with Melvin abstaining.
Foote motioned to approve the Payroll Manifest for the pay period of 4/6 - 4/19 with a pay date of 4/25. Second by Doggett. Motion passed with Melvin abstaining for he has not seen it.
Foote motioned to approve the Payroll Manifest for the pay period of 4/20 - 5/3 with a pay date of 5/9. Second by Doggett. Motion passed with Melvin abstaining.
Doggett motioned to approve the Timber Tax Levy in the amount of $1,417.50 for the following properties: Map/Lots 04-07-01, 04-07-09, 09-01-11, 011-02-05 & 09-06-7-1. Second by Foote. Motion passed with a unanimous vote.
Doggett motioned to appoint Trisha McCarthy, Emergency Management Deputy effective today with an expiration date of April 15, 2016. Second by Burrill. Motion passed with Foote abstaining.
Doggett motioned to appoint Trisha McCarthy as a member of the Stewardship Committee effective today with an expiration date of April 15, 2018. Second by Melvin. Motion passed with a unanimous vote.
Burrill motioned to appoint Nancy Slombo as a member of the Stewardship Committee effective today with an expiration date of April 15, 2019. Second by Melvin. Motion passed with a unanimous vote.
Burrill motioned to appoint Diane Morin as a member of the Cable Committee effective today with an expiration date of April 15, 2017. Second by Melvin. Motion passed with a unanimous vote.
Melvin motioned to appoint Sarah Woodman as a member of the Cable Committee effective today with an expiration date of April 15, 2017. Second by Doggett. Motion passed with a unanimous vote.
Melvin motioned to appoint Mary Winglass as a member of the Cable Committee effective today with an expiration date of April 15, 2016. Second by Foote. Motion passed with a unanimous vote.
Foote motioned to make James Doggett, Vice Chairman of the Board of Selectmen. Burrill second for discussion. The Board decided to move forward with approving the Assessor’s recommendation.
Donovan motioned to approve the abatements approved for Map, Block, Lot 10-5-8; approved for 11-7-30; Elderly Exemption approvals for the following Map, Block, Lots 2-2-11, 10-7-6, 7-6-12; plus two Veterans Credits approved for Map, Block, Lot 5-5-1 and 8-3-11-79. Second by Burrill. Motion passed with a unanimous vote.
Foote motioned to make James Doggett, Vice Chairman of the Board of Selectmen. Burrill second for discussion. Wrigley asked if the Chairman is not here who takes over. Foote asked if there were any other interested candidates, with no other candidates coming forward, the motion passed with Melvin opposed and Doggett abstaining.
Doggett motioned to adjourn at 9:08pm. Second by Foote. Motion passed with a unanimous vote.
Respectfully Submitted,
Mary Winglass, Office Manager
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