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March 18, 2014 Board of Selectmen Minutes
NEWTON BOARD OF SELECTMEN
DATE: TUESDAY, MARCH 18, 2014
TIME: 6PM
LOCATION: NEWTON TOWN HALL, 2 TOWN HALL ROAD

PUBLIC MEETING

  • Call to Order, Roll Call Vote
Selectman Melvin called the meeting to order at 6:06pm.  In attendance were Selectman Charles R. Melvin, Sr., Robert S. Donovan, Jr., James L. Doggett, Lawrence B. Foote, via speakerphone Matthew A. Burrill, Town Administrator Nancy J. Wrigley and Office Manager Mary B. Winglass.  The meeting was videotaped; minutes were transcribed and typed by Winglass.

Selectman Doggett motioned to move to V. Scheduled Business letter A, Selectmen’s Reorganization as the next item.  Second by Donovan.  Motion passed with a unanimous vote.

  • Pledge of Allegiance
  • Introduction of Guests
  • Approval of Minutes (Review prior to meeting)
  • Selectmen’s Public Meeting minutes dated December 30, 2013, January 13, 2014 and January 20, 2014
Donovan motioned to approve the Selectmen’s Public Meeting minutes dated December 30, 2013, January 13, 2014 and January 20, 2014.  Second by Doggett.  Motion passed with a unanimous vote.

  • Selectmen’s Public Hearing minutes dated January 20, 2014
Donovan motioned to approve the Selectmen’s Public Hearing minutes dated January 20, 2014.  Second by Doggett.  Motion passed with a unanimous vote.

  • Selectmen’s Nonpublic Meeting minutes dated December 30, 2014 and January 20, 2014
Donovan motioned to approve the Selectmen’s Nonpublic Meeting minutes dated December 30, 2014 and January 20, 2014.  Second by Doggett.  Motion passed with a unanimous vote.


  • Scheduled Business
  • Selectmen’s Reorganization, Bylaws and Meeting Schedule
Doggett motioned to appoint Robert Donovan Jr. as Chairman.  Second by Foote.  Motion passed with Melvin opposed.  

Donovan motioned to accept the Bylaws as written for the Board of Selectman.  Second by Foote.  Motion passed with a unanimous vote.

Planning Board
Foote motioned to recommend James Doggett as the liaison to the Planning Board.  Second by Melvin.  Motion passed with a unanimous vote.

Recreation Commission
The Board reviewed a memo from the Recreation Commission requesting Matt Burrill as the liaison to the Recreation Commission.
Foote motioned to appoint Matthew Burrill as the liaison to the Recreation Commission.  Second by Doggett.  Motion passed with a unanimous vote.

Conservation Commission
Doggett motioned to appoint Lawrence Foote as the liaison to the Conservation Commission.  Second by Donovan.  Motion passed with a unanimous vote.

2014 Selectmen’s Meeting schedule
Doggett motioned to adopt the Selectmen’s meeting schedule as written.  Second by Foote.   Motion passed with a unanimous vote.  Doggett commented that the legislature is considering an amendment to the Right to Know Law which may change the way we post the meetings.  

Fire Chief Ingalls and Police Chief Streeter were present and asked if they prefer to come to the Board or have a liaison for their department.  Both Ingalls and Streeter agreed that they prefer to come directly to the Board when needed versus a liaison.

  • Planning Board Re: Notice of Limits of Municipal Responsibility and Liability Pursuant to RSA 674:41
Doggett motioned for the Board of Selectmen to approve and sign the Notice of Limits of Municipal Responsibility and Liability Pursuant to RSA 674:41 so it can be recorded.  Second by Donovan.  Motion passed with Melvin abstaining.

  • Fire Department Re: Tanker 4 out of service
Donovan asked Fire Chief Bill Ingalls about the talk around town and on facebook how Tanker 4 was taken out of service the day after election.  Ingalls responded that he took it out of service for he wanted to keep his word.  It was not brought up at the deliberative session but it was discussed at the public hearing and stated that it would be taken out of service.  After two years of voting it down it was time to drawn attention to the Fire Department.  Ingalls asked to go over the vote last year and this year.

In 2013 a total of 794 votes were cast with 390 in favor and 359 voted no.  Since the vote required a 3/5 approval of 476 votes, it lost by 86 votes.

In 2014 a total of 927 votes were cast with 321 in favor and 581 voted no.  The vote lost by 260 votes.  The difference between 2013 and 2014 is 133 votes; someone did a good job of getting this article defeated.

Ingalls talked about an inspection of Tanker 4 by Mahoney and Sons in March 2013 raised concerns with the exhaust system corroded and monitor for leaks.  Monitor undercarriage, leaf spring stacks and inner fenders for corrosion.  Radiator is deteriorated, monitor corrosion and for leaks.  Clutch has limited free pedal.  In the past, clutch internal adjuster is unable to move.  Clutch engages high, did not attempt to adjust based on past condition.  Monitor free travel and for possible slipping.  Many hoses are worn and deteriorated due to age.  Monitor for replacement.  Coolant level and engine temperature must be monitored regularly.  Last service record indicates a complaint of coolant loss and no leak found when inspected.

Chief Ingalls then talked about an inspection done by Lakes Region Fire Apparatus in 2011 and 2012 includes a list of items such as the need for front and rear brakes, step brackets rusted thru and rear axle frame stops are rotted off, power steering pump leaking oil, steel plumbing is corroded very thin and multiple lights are inoperable.

Ingalls then referenced NFPA Annex D, second paragraph, Guidelines for First-Line and Reserve Fire Apparatus: it is recommended that apparatus greater than 15 years old that have been properly maintained and that are still in serviceable condition be placed in reserve status and upgraded.

RSA 154:6 - Duties as to Fire Apparatus and Water Supply - The chief fireward, engineer or fire chief shall keep or cause to be kept, in order all apparatus provided by the town for the extinguishment of fires and the mitigation of other emergencies….  

Chief Ingalls asked the Chief Fire Ward who is the Chairman of the Board of Selectmen what can we do.  This is the only tanker in town, it has a 2500 gallon tank with a 1250 pump and not sure what can be done at this point.  Some suggestions were discussed such as petitioning for another town meeting or fundraising.

Doggett explained that an emergency cannot be defined as a warrant article that was defeated at town meeting.  Donovan stated that we need to make some phone calls to see what we can do; contact Town Counsel and LGC to find out our options since this purchase was defeated at town meeting.

Resident Bob Faghan who lives at Meadowview Apartments stated that it seems that taking a fire apparatus out of service sounds like a cause for an emergency meeting.  Having a 30 year old truck out of service causes an emergency but to have the safety of the children jeopardized because we have not equipped the fire department with proper safety equipment is wrong.  

Donovan stated that he recommended this article but unfortunately the townspeople did not agree to buy it and now we need to make phone calls to see what we can make happen to fix the problem, if not we may have to wait until next election.

Doggett clarified that he was upset that the fire truck was voted down; he is very much a process person and earlier was reiterating the state law; he is in favor of going to counsel to find out if there is some way to get around that aspect of the law.

Road Agent Mike Pivero commented on whether a lease/purchase option is worth looking into, lease for a year and purchase it next year.

Foote questioned whether the Board is going to order it back into service or keep it out of service.  Donovan responded that personally he is not going to order it back into service for if someone gets hurt he does want that on his head.

Donovan motioned to go with the Fire Chiefs recommendation to keep it out of service until it is repaired or replaced.  Second by Doggett.  Motion passed with Melvin voting no.

Foote questioned Melvin on whether he wants to keep the tanker in service; Melvin responded yes, it was good enough to go out the day of town meeting.

  • Police/Fire Department Re: Options for fuel purchasing
Police Chief Streeter talked about an option for the town to purchase fuel at a reduced rate at the Mill Road DOT controlled shed.  There is a small savings once you break down the employee’s time and additional mileage on the vehicles.  After reviewing a detailed spreadsheet showing the analysis on the savings, Streeter offered to speak to the new owners of the Route 108 general store to find out if they are going to keep the same price in order to keep the business in town.  

Doggett motioned to continue to purchase our gas in town and ask Route 108 store to continue with the same rates.  Second by Foote.  Motion passed with a unanimous vote.

  • Police Department Re: Employee Merit Increases
Police Chief Streeter submitted a spreadsheet of the approved Police Department employee merit increases as the numbers were approved during the last budget process and included as part of the budget hearing and approved by the town’s people at Town Meeting.  The merit increases are fixed at 2.5% for all employees except the Chief.

Donovan asked the Chief for copies of the performance evaluations completed for all employees in November 2013 for the Board of Selectmen to review.  Town Administrator Wrigley added that she will take a look at the proposed increases to make sure they match her records.

Doggett motioned to approve the Police Department employee merit increases per the recommendation of the Police Chief.  Second by Melvin.  Motion passed with a unanimous vote.

  • Transfer Station Operations on April 20th (Easter Sunday) and 2013 Year-end report
Transfer Station Operations on Easter Sunday.  Melvin stated that he asked to put this on the agenda as we did it last year and would like to close the Transfer Station on Easter Sunday again this year.

Melvin motioned to approve to close the Transfer Station on Easter Sunday with pay for the employees scheduled to work that day.  Donovan questioned whether we paid the employees last year or not for it is not a regular holiday nor is it a state or federal holiday.  Winglass read the motion from last year which gave the Transfer Station employees the day off with pay.  Doggett agreed that Easter is not a regularly accepted holiday; we can close the dump if we wish but to pay them holiday pay; do other employees receive holiday pay as well for Easter.  Compensation time was discussed in that it is used for snow storms when the Town Hall closes but some of the employees decide to stay and work.  Comp time is used when a holiday falls on a weekend or a day when the offices are closed.  The discussion continued with the fact Transfer Station employees are part time and only accrue a few days per year therefore to ask them to use their vacation time is not fair.

Other options were discussed such as having the Transfer Station employees work two hours extra per day for that week to make up the hours; close on Sunday but open on Friday or Monday; open Easter Sunday from 7am to 11am.  Melvin reiterated that he feels that the employees should have the day off and paid for it.

Donovan suggested that he talk to the Manager to find out what would work best in order to take Sunday off and we can make a decision at our next Selectmen’s meeting; the Board agreed.

2013 Annual Facility Report

Winglass stated that the Transfer Station Annual Facility Report to the State Department of Environmental Services is complete and must be submitted by March 31, 2014.  Transfer Station Manager Tom Difalco did a great job preparing the information and updating the yearly report and it is ready for the Board’s approval and signature.  The report was emailed to the Selectmen prior to the meeting for their review.

Melvin motioned to sign the 2013 Annual Facility Report to the State of NH Department of Environmental Services.  Second by Doggett.  Motion passed with a unanimous vote.

  • Yearly payment to Chet Bearce for 8 Merrimac Road
Melvin asked to put this item on the agenda for last year Chet Bearce did not get his payment on time.  Wrigley replied that Chet’s payment is on tonight’s vendor manifest and is scheduled to be paid this time each year.  Wrigley added that the dollar amount goes up next year and fluctuates over the 10 years.

  • Review Emergency Personnel Contact Protocol
Foote discussed waiting until the new members on the Board of Selectmen are NIMS compliance before changing the protocol but we can remove Raymond Thayer as the EMD Liaison since he is not longer a member of the BOS.  

Doggett motioned to make Donovan the EMD Liaison.  Second by Foote.  Motion passed with Melvin abstaining.

  • Newton Junction Baptist Church Re: Easter Sunrise Service
Donovan read a letter from the Newton Junction Baptist Church requesting approval from the BOS to hold the Easter sunrise Service behind the police facility on Merrimac Road.  Pastor James Malkemes has spoken with Chet Bearce and Police Chief Streeter and neither one has any objections.
 
Doggett moved to approve the Newton Junction Baptist Church to conduct an Easter Sunrise Service behind the police facility on April 20th.  Second by Foote.  Motion passed with a unanimous vote.

  • Discussion on handling Code Enforcement cases
Donovan talked about the need to advertise for the Code Enforcement Officer position.  Ron LeMere Chief Building Inspector responded that he agrees and in the meantime it will be handled internally with the current staff.

Donovan cautioned that he does not want any conflict of interest due to a resident not pulling permits and then handling it over to code enforcement.  LeMere responded that he does not feel that it is a conflict of interest for inspections are a form of code enforcement.

Doggett motioned to advertise for the position of Code Enforcement Officer ASAP.  Second by Melvin. Motion passed with a unanimous vote.

  • Announcements
  • Other Business, Sign Manifests, Requisitions, Abatements, Tax Credits, Correspondence and Appointments
  • Melvin asked to read a letter he received from the Attorney General’s Office.  The Board asked to hold off from reading it tonight until the Board has had a chance to read the letter.  Melvin replied that he will put it on facebook.
Appointment - Emergency Management Logistics Officer

  • Donovan motioned to reappoint Michael A. Pivero as the Emergency Management Logistics Officer with an expiration date of April 15, 2017.  Second by Doggett.  Foote asked Pivero for a list of equipment received last term.  Motion passed with a unanimous vote.
Letter regarding the Cable Revolving Fund - 4th quarter franchise fees.

  • Donovan motioned to approve the letter to the Bookkeeper regarding the 4th quarter franchise fee of $19,001.30 and to put into the cable revolving fund 3% in the amount of $11,400.78.  Second by Foote.  Motion passed with a unanimous vote.
Appointment - Zoning Board of Appeals

  • Foote read the appointment for Alan L. French with an expiration date of March 31, 2017.  The Moderator Robert Dezmelyk signed the appointment and the BOS approved and confirmed the appointment by signing the document.
Letter supporting HB 1570 - An Act Establishing a Paint Stewardship Program

  • Doggett moved to sign the letters to Senator Nancy Stiles and Representatives Mary Allen and Richard Gordon in support of HB 1570.  Second by Donovan.  Motion passed with a unanimous vote.
The Board signed the following per the recommendation of Town Assessor Andrea Lewy.

  • Map 5-5-8, 52 Whittier Street approved paper abatement for 2013 in the amount of $748.88.
  • Map 99-5-1 denied the abatement for 2013
  • Map 14-1-27-310 denied the abatement for 2013
  • Map 14-1-27-311 denied the abatement for 2013
  • 2014 Veterans Credit approved for Map 8-3-11-63
The Board received a letter from the Gale Library Trustees to appoint the following alternates.   

  • Donovan motioned to appoint Sally Woodman as a Gale Library Trustee Alternate with an expiration date of April 15, 2015.  Second by Doggett.  Motion passed with a unanimous vote.
  • Donovan motioned to appoint Lynne Camp as a Gale Library Trustee Alternate with an expiration date of April 15, 2015.   Second by Doggett.  Motion passed with a unanimous vote.
  • Doggett motioned to approve a Welfare Manifest in the amount of $273.68 approved by the Welfare Agent.  Second by Donovan.  Motion passed with a unanimous vote.
  • The Board signed four letters to the banks associated with the Town of Newton informing them of the newly appointed Treasurer Arthur N. Graichen and newly elected Trustee of Trust Funds Lynne O. Camp.
  • The majority of the Board signed the 2013 MS-5 Financial Report of the Town of Newton.
  • The Board signed the Payroll Manifest for the period of Feb 23rd - March 8th; pay date was March 14, 2014.
The Board reviewed the following requisition submitted by the Recreation Commission:

April vacation Ice Skating - Rinks at Exeter, requisition #2465 for up to $500 paid from special programs

  • Doggett motioned to approved requisition #2465.  Second by Foote.  Motion passed with a unanimous vote.
Recreation Commission is hosting an Adult Dinner/Dance on May 3rd at the Haverhill Country Club.  Mary Allen and Raymond Thayer will both be recognized for their years of service to the Town of Newton.  

Doggett recues himself from approving/signing the following requisitions:

  • Donovan motioned to accept and sign requisition #2462 for a DJ for the May 3rd Dinner Dance.  Second by Melvin.  Motion passed.
  • Donovan motioned to approve requisition #2464 for $325 for two small plaques and programs.  Second by Melvin.  Motion passed.
  • Donovan motioned to approve requisition #2463 to subsidize the cost of the dinner/dance, printing of tickets and photographer for a total of $841.  Second by Melvin.  Motion passed.
  • Donovan motioned to approve requisition #2461 to purchase a 5’ x 7’ poster of the proposed renovation at Greenie Park Master Plan not to exceed $300.  Second by Melvin.  Motion passed.
  • The Board signed a Vendor Manifest in the amount of $105,035.20.  
  • The Board signed a Vendor Manifest for the sum of $1.12.  
  • Adjourn
Donovan motioned to adjourn at 7:38pm.  Second by Doggett, all in favor.

Respectfully Submitted,


Mary Winglass, Office Manager