NEWTON BOARD OF SELECTMEN
DATE: TUESDAY, APRIL 15, 2014
TIME: 6PM
LOCATION: NEWTON TOWN HALL, 2 TOWN HALL ROAD
PUBLIC WORK MEETING
- Call to Order, Roll Call Vote
Chairman Donovan opened the public meeting at 6:01pm. In attendance were Selectmen Robert S. Donovan, Jr., Charles R. Melvin, Sr., Matthew A. Burrill, James L. Doggett, Lawrence B. Foote, 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.
Donovan motioned to go into Nonpublic Session under RSA 91-A:3 II (a) - Fire Department, Police Department, Bookkeeper/Payroll Administrator; (c) - Code Enforcement & Transfer Station. Second by Doggett. Motion passed with a unanimous roll call vote.
Doggett motioned to come out of nonpublic session. Second by Burrill, per a unanimous roll call vote to keep all confidential at 8:45pm. The Board then made the following motions:
- Doggett motioned to increase the Bookkeeper/Payroll Administrator Rick Milner from Grade XIX, step 3 to step 5 effective today’s date 4/15/2014. Second by Foote, motion passed with Melvin opposed.
The Board met with Police Chief Streeter, part time Police Officer Christopher Maguire and family and part time Police Officer Scott LaValley and family. Per the recommendation of the Police Chief, the Board made the following motions approving full time employment for two quality candidates who are great assets to the community. Both officers are scheduled to fill current funded full time vacancies in the department
- Burrill motioned to make Christopher Maguire a full time police appointment beginning today, April 15, 2014. Second by Melvin, motion passed with a unanimous vote.
- Burrill motioned that Scott LaValley be given a full time police appointment as of today’s date, April 15, 2014. Second by Melvin, motion passed with a unanimous vote.
- Doggett motioned to sign a warning letter to a town resident regarding his refusal to pay the fee for an item dropped off at the Transfer Station. Second by Foote. Motion passed with Melvin abstaining for he feels it should be stronger. Doggett responded that we are following the town’s policy and it does not allow us to be stronger.
- Doggett motioned to direct the Town Administrator to contact MRI to request quotes for the process of hiring a Fire Chief. Second by Foote. Motion passed with a unanimous vote.
- Pledge of Allegiance
- Introduction of Guests
- Approval of Minutes (Review prior to meeting)
- Selectmen’s Public and Nonpublic Meeting minutes dated April 1, 2014
Foote motioned to accept the Selectmen’s Public and Nonpublic Meeting minutes dated April 1, 2014 as written. Second by Burrill. Doggett asked to have the minutes sent out in a more timely fashion than the day before the meeting. Motion passed with Melvin abstaining.
- Letter from Robert White Re: Access to his property
Donovan read a letter from Robert White asking for assistance in enforcing a warrant article from 2009. Donovan added that this has been going on for years with warrant article after warrant article and recommends we send it over to Town Counsel to respond to White’s letter. Doggett explained that “Deluxe Ave” was a proposed road that was never approved by the town due to a lapse in time with no action.
Doggett motioned to send the matter to Town Counsel for a response to Mr. White to explain the town’s situation. Second by Donovan, motion passed with a unanimous vote.
- Police Chief Re: Vehicle Maintenance Protocol
Police Chief Lawrence Streeter joined the meeting and was unsure of the forum tonight for there have been some personality issues and asked if he starts to feel uncomfortable to respectfully stop this portion of the meeting. Streeter discussed his policy to split the cruiser maintenance between two companies in town, C&M Auto and Estabrooks Garage with the purchase of gas at the Sunoco Station. This policy keeps all three businesses happy and has been in place for some time. Both garages also tow vehicles for the department. Another maintenance on the cruisers is body work and over the past few years he has brought the cruisers to C&M Auto who has a history of body work and has done some good work for the Police Department. Recently with the personality issues he is not sure how the Board would like to move
forward with mechanical and body work in the future.
Streeter discussed the town’s purchase policy and the regulations are set based upon price. Damage to vehicles could easily go over the sealed bid regulation of $3,500 yet how do you get a sealed bid for the repair of a car. Another consideration is the deductable which reduces the cost paid by the town and Streeter asked how the Board would like to move forward when faced with this scenario.
A discussion took place with the stipulations on the purchase policy that under $1,500 requires authorization by the Department Head; $1,501 to $2,500 requires a requisition with three written quotes; $2,501 to $3,500 requires a requisition and a minimum of three written bids; over $3,500 requires a sealed bid excluding State Bid items.
Streeter added that this is a business decision and the businesses in town have always treated him well. Foote responded that recently there was an issue with the painting of the HumV which we never resolved. Streeter responded that the HumV is two thirds completed and was paid on good faith to a business that has done work for the department over the years. Streeter added that he works under good faith while working a detail that he will be paid for his time.
Doggett responded to the Chief’s first question; his interpretation is that no matter if the insurance company kicks in money per the deductible it is the full amount that follows the purchase policy. If you cannot get three sealed bids then you must get three quotes. Melvin responded that you cannot get either for it is called an “open plain” for once you get into the car you might find something else then you have to contact the insurance company again to have them approve it. Insurance companies keep it open ended and can tell you who to go to.
Doggett added that he considers locally to include Newton and all surrounding towns for if we stay within the boundaries of Newton then we are admitting to a monopoly.
Streeter asked how you put this out to bid when you do not know what they might find. Burrill added that you have some idea at the beginning and you need to act on what you have and the list might change once they get into it. Donovan added that we had the same issue with the Kubota for once they opened it up they found a problem that cost an additional $800 in repairs. Donovan added that it needs to be the same way with the cruiser, you get an estimate and if additional repairs are needed then you deal with it.
Doggett questioned if the town floats the payment for the work until the insurance company pays the town. Most insurance companies pay the repair shop directly but our most recent repairs, the insurance company paid the town directly. Doggett added that he recommends to require three bids which is his interpretation of policy.
Doggett motioned that the cruiser go out for a bid for the body work in accordance with our bid policy. Second by Foote. Discussion: Streeter asked to go to Counsel for bid documentation for he has never had to bid out for an open item purchase. In this case the car is not movable to take to multiple shops for an estimate. Burrill questioned if Streeter’s concern as it relates to counsels review is contractual; Streeter concurred for it is hard to hold someone accountable after the work is done. Donovan responded that you have to go to a reputable shop. Motion passed with Melvin abstaining.
The Board discussed the sealed bid process which requires posting the notice in the newspaper and will be an additional cost and time. Burrill asked how frequent does this happen; Streeter stated that it could be one or two a year.
Doggett motioned to reconsider his previous motion. Second by Burrill. Doggett motioned to amend his previous motion to require three quotes versus three sealed bids. Second by Foote. Motion passed with Melvin abstaining.
- Review proposed Swim Lesson Agreement with the YMCA
Chairman of the Recreation Commission Annie Collyer was present to discuss this year’s budget with changes at the Town Beach. Funds were not allocated this year for lifeguards after completing a cost analysis versus swim at your own risk. Collyer spoke with the town’s insurance provider and as long as we have signs stating swim at your own risk we are good. The total cost for lifeguards and safety equipment was projected at $25,000 to staff the beach. The Board of Selectmen agreed to reallocate funds in the Recreation budget for Greenie Park.
Recreation feels it is important to continue swim lessons and to staff it which costs around $4,500 with program fees coming in at approximately $1,500. The Regional YMCA is starting a program this year providing outsource swim lessons at a cost of $1,408.16 for a twice a week swim lesson program for the month of July. The Town Administrator reviewed the agreement and made some changes to the contract; the towns insurance claims manager approved the insurance coverage as submitted from the YMCA.
Doggett questioned background checks on the YMCA personnel which are probably covered by their policy but it is not referenced in the agreement. We can have the YMCA submit a statement that all employees are subject to a background check.
The Board decided to have Town Counsel Sumner Kalman review the agreement.
Burrill motioned that we have Town Counsel review this agreement and after the review to make sure we have a statement from the YMCA regarding a background check. Second by Foote. Motion passed with a unanimous.
- Letter to the State Fire Marshal’s Office Re: Permissible Fireworks
Winglass explained that this is a housekeeping request from the State Fire Marshal’s Office to see if the town has changed its position on permissible fireworks. The town has not voted to prohibit the possession and display of permissible fireworks and there are no town ordinances or administrative rules enacted.
Burrill motioned to send the letter as presented to the State Fire Marshal’s Office. Second by Donovan. Motion passed with a unanimous vote.
- Review of Transfer Station/Recycling Policy
The Board reviewed the policy and amended page 10, the section “Board of Selectmen’s Review” by removing in the second paragraph, first sentence “(restrictive (no trespass))” and add after the first sentence “Punitive action may include reimbursement for costs related with removal or a no trespass order.”
Burrill motioned to change the wording in the policy as described on page 10, paragraph 2. Second by Donovan. Motion passed with a unanimous vote.
The Board will review the revised policy at their next meeting.
The Board reviewed a memo from Office Manager Winglass outlining proposed 2014 employee training. CPR/AED is needed for many of the employees and Winglass has been in contact with Mike Giordano to set up training in the near future. There will be a cost of approximately $300 for the training session and the concern is that there is no budget for employee training. Town Administrator Wrigley responded that Laura Bertogli conducted the training in the past and was paid out of the Fire Department payroll. Foote responded that it should be paid out of the department budget attending the training for it is not fair to pay it out of the Fire Department budget, it should not happen. The Board asked to get a final number of employees attending the training and we can discuss it at the Board’s next meeting.
Winglass added that she is working on another training session through the Local Government Center for the Transfer Station, Highway and Custodian. Foote asked when did employee training leave the oversight of the Safety Committee. Wrigley responded that the Board asked for Winglass to handle it last year. Foote responded that there are too many hands dipping into the training, this has got to change. Winglass explained that the majority of the training held last year was through the Local Government Center and did not cost the town anything. Foote added that we need to bring the Safety Committee meeting back, that is where this came from.
Donovan asked for next year’s General Government Buildings budget to include funding for training for the town’s employees so we do not run into this problem again. The Board had no problem with Winglass moving forward with the training as presented.
Town Administrator gave an update on the 2014 voucher system; it will cost approximately $500 to print and mail the vouchers. This year it is recommended that we date them June 1st, 2014 through May 31st, 2015 with one trip per voucher. Winglass added that she spoke with the Transfer Station Manager Tom Difalco and he was not in favor of extending the voucher into next year. His concern was to have both the voucher system extend into next year and have a Household Hazardous Waste Day next year. Difalco recommends alternating it every other year.
After discussing it, the Board decided to keep it at June 1st through May 31st. Town Administrator Wrigley added that she will prepare the list for the Board to review.
- Discussion of Transfer Station Generator
Burrill discussed that the Transfer Station generator does not work and the Board has an old quote of $2,500 to replace the radiator. Melvin responded that $2,500 seems excessive when we should be able to purchase a re-fabricated radiator and replace it for under $1,000. It was discussed that you never know what they might find once the work begins.
Burrill motioned to get three quotes for a replacement radiator for the Transfer Station generator. Second by Doggett. Motion passed with a unanimous vote.
The Board suggested contacting a generator company or anyone with a mechanical background or a automotive technician. Specify the work to be done, list what type of generator and the need to have the radiator rebuilt or replaced.
- Saturday, May 3rd Recreation hosting a Dinner Dance at the Haverhill Country Club, 6pm to 10pm. Tickets sold at the Town Hall
The tickets are $39 each; Burrill informed the Board that he volunteered the Chairman of the Board of Selectmen to present the award.
- Transfer Station CLOSED on April 20th, 2014
- Other Business, Sign Manifests, Requisitions, Abatements, Tax Credits, Correspondence and Appointments
Resident Steve Suraci stated that he was not sure why 19 South Main Street was dealt in private with code enforcement and receiving no feedback in regards to where we stand. The last meeting the Selectmen decided to draft a letter to the State DES in regards to the wetlands violation and he has heard that it has been delegated at this point.
Donovan responded that we met in nonpublic with the Chief Building Official Ron LeMere who is working on it and we cannot jeopardize the case. Suraci responded that he is getting no information, no specifics whatsoever. After the last meeting, the next morning there was someone out there cleaning out the culvert. Suraci added that as of May 1st it will be a year since this began and it cannot go on indefinitely without giving some information. Donovan informed Suraci that LeMere will give him the public information on this case but to be aware that we are moving forward with Town Counsel therefore not all information is public.
Foote asked if we are planning on scheduling a nonpublic meeting to discuss internal issues and asked to put it on the next agenda in nonpublic. Donovan responded that it will take more than an hour and should be a meeting on its own. The Board set a nonpublic meeting for Monday, May 5, 2014 at 6pm.
The Board had a list of all “Other Items” to be addressed tonight per the request of the Board of Selectmen. Town Administrator Wrigley asked to have a separate motion for each item listed.
Doggett motioned to appoint Diane Morin as the Deputy Treasurer effective May 1, 2014 with an expiration date of April 15, 2015. Second by Foote. Motion passed with a unanimous vote.
Foote motioned to accept the resignation from Mary Riordan as the Deputy Treasurer effective April 30, 2014 with appreciation for her work. Second by Burrill. Motion passed with Melvin abstaining.
Burrill motioned to appoint Sandra Estabrook as a member of the Conservation Commission effective today with an expiration date of April 15, 2018. Second by Doggett. Motion passed with Melvin abstaining.
Melvin motioned to appoint Jacklyn Heffner as a member of the Conservation Commission effective today with an expiration date of April 15, 2016. Second by Burrill. Motion passed with a unanimous vote.
Doggett motioned to appoint Nancy Slombo as a member of the Conservation Commission effective today with an expiration date of April 15, 2017. Second by Foote. Motion passed with a unanimous vote.
The Board signed a PTO request from an employee at Town Hall.
Foote motioned to approve the Current Use Land Use Change Tax Collector’s Warrant in the amount of $21,000 for the following properties: May 8, Block 3, Lots 11-8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 21, 21. Second by Burrill. Motion passed with Melvin abstaining.
Doggett motioned to sign (4) bank letters dated April 15, 2014 regarding the town’s newly elected Treasurer and appointed Deputy Treasurer. Second by Melvin. Motion passed with a unanimous vote.
Burrill motioned to approve MB Tractor to pay them an additional $800 for unforeseen problem apparent when disassembling the tractor. Second by Foote. Motion passed with Melvin voting no.
Donovan motioned to approve Freedom Tire additional $119.70 cost for tires on engine #2. Second by Doggett. Motion passed with Melvin opposed.
Doggett motioned to sign the vendor manifest dated April 15, 2014 in the amount of $60,543.31. Second by Foote. Motion passed with Melvin abstaining.
Doggett motioned to approve the payroll manifest for the pay period of March 23rd through April 5th. Second by Foote. Motion passed with Melvin abstaining for he has not read it.
Donovan motioned to adjourn the meeting at 9:55pm. Second by Foote. Motion passed with a unanimous vote.
Respectfully Submitted,
Mary Winglass, Office Manager
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