SELECTMEN’S MEETING
January 24, 2005
Call to Order
Chairman Cushing opened the meeting at 7:05pm. In attendance were Selectman Gary F. Nelson, Selectman Norman P. Harding, Chairman Stephen M. Cushing and Town Administrator, Nancy J. Wrigley. Minutes were transcribed and typed by Office Manager, Mary B. Winglass.
Introduction of Guests
Old Business
Letter from resident Calvin Eaton of 11 Whippoorwill Drive Re: Parking of Commercial Vehicles
The Board reviewed a letter from Calvin Eaton of 11 Whippoorwill Drive outlining the activity taking place at his residence per the Selectmen’s request. Selectman Harding and Chairman Cushing stated that they each conducted driveby inspections and have not witnessed any commercial vehicles parked at the residence. It was noted that a driveway permit application has been completed for the new entrance off of Bancroft Road.
The Selectmen concluded that Mr. Eaton has conducted various projects to the property and it has been a work in progress straightening out the yard. They commended Mr. Eaton for his willingness to work with the Selectmen and requested that a letter be sent thanking him for his patience. The Selectmen stated that with this information they consider this issue closed.
Discussion of Site Walk held on January 15, 2005 for junk car/yard enforcement
Chairman Cushing stated that the Board held a site walk on Saturday, January 15, 2005 to view four properties that have been cited for violation of junk car/yard per the town’s zoning ordinance.
1. Peaslee Crossing Road
Chairman Cushing and Selectman Harding talked to this resident on the phone and he had a change of heart and agrees that he is not in compliance with the town’s zoning and has asked the Board to give him through the summer to come into compliance. The resident stated that he has some commercial property under agreement where he plans to move the equipment. The Selectmen requested that a letter be sent giving him until August 30th to come into full compliance.
2. North Main Street
The Selectmen met with the resident and he was very agreeable to comments from the Board and the Selectmen requested that a letter be sent stating that the Board will return on or about April 1st as a follow up to view the continued progress.
3. Wallace Street
The Selectmen went to the property and no one was home but they were able to view the property from the street and a public way and it was noted that some progress has been made at the property. The Selectmen requested that a letter be sent to the resident stating that it is their intention is to go back in the spring, on or about April 1st to check on the continued progress.
4. Crane Crossing Road
Chairman Cushing stated that when the Selectmen conducted a site walk in July 2004, the resident stated that it was his goal to have his equipment back onto his own property by Christmas as it has encroached onto the abutting property. It was noted that some progress has been made and the Selectmen requested that a letter be sent to the resident stating that it is their intention to visit the property on or about April 1st to check on the continued progress.
Continued discussion of reimbursement to the NPREA account
The Board met with Planning Board Secretary, Christene LoVecchio and Planning Board member Kip Kaiser to discuss the current status of the NPREA (Newton Professional Review Engineering Account). The Planning Board had requested the Selectmen to reimburse the NPREA account due to payments being made erroneously from said account. The Selectmen requested the Planning Board show them their records of transactions posted to the account, deposits and payments per the auditors request. The Selectmen reviewed a spreadsheet provided by the Planning Board showing each clients transactions and their balance. Selectman Harding questioned why the spreadsheet did not include a beginning balance and a year end balance in order to reconcile the account with Treasurer, Elizabeth Standing. Christene responded that she just
recently received the 2004 account activity report from the Treasurer and as the account was never reconciled before Christene started working with it, a reconciliation would be out of the question. It was noted that the balance of the NPREA as of December 31, 2004 is $865.44 per the Treasurer’s report.
A discussion ensued as to how to fix this problem so that it will not happen again; how did we spend the money that was not in the account? Christene stated that the payments made erroneously from the NPREA were due to litigation starting while in the process of a public hearing for the Kolias and Bateman properties. Christene added that the bills were paid in anticipation of being paid back as part of the settlement, the court denied this request.
It was discussed that there is a current subdivision that is now in litigation. The Selectmen stated that the test on whether it should be paid out of the NPREA is whether the town will be reimbursed. Litigation that ends with the legal fees reimbursed to the town will come to the Selectmen and deposited in the general fund. Legal advice should not come out of the NPREA if the advice is a legal opinion for the Planning Board, it would be paid out of the Planning Board legal line item. Christene added that she consulted Rockingham Planning Commission and was instructed that once the town is served the legal documents then all legal fees and paperwork is forwarded to the Selectmen.
TA, Wrigley inquired as to whether the Selectmen will continue to receive the NPREA spreadsheet on a monthly basis. Christene responded that the spreadsheet is available for review at any time but that she would provide a copy to the Selectmen once a month.
The Selectmen inquired about a rumor of a second NPREA account. Christene responded that Treasurer, Betty Standing opened two new accounts at the Merrimac Savings Bank. One account is for a new NPREA that the Planning Board intends to start using for all new public hearings starting in 2005. Christene added that since the old account had never been audited, it was decided to phase out the old account and to start fresh with a new account. The Planning Board plans to continue to run all the existing public hearing proceedings through the old account until all the accounts are closed; the account will then be closed.
Christene stated that the second account is to be used for the deposit of the town fees to the Planning Board in order to keep track of the Planning Boards yearly revenues. These fees are not paid back to the developers and Christene stated that the Planning Board is working on a procedure for the handling of the funds. It was stated that the plan is pay the fees to the town on a quarterly basis. TA, Wrigley questioned whether or not we can setup a procedure where the town could bill the NPREA account for the cost of updating the town maps with the approved subdivisions and lot line adjustments. It was discussed that the cost to update the maps currently goes through the town account but we are not able to spend the money received unless we gross appropriate for it.
The Board briefly discussed the new accounts that were opened by the Treasurer and whether or not they are properly bonded and whether the bank is charted to accept municipal deposits. As the Treasurer was not present, there was no further discussion.
Chairman Cushing motioned that the Board reimburse the Newton Professional Review Engineering Account $9,281.88, paid from the encumbered funds for this purpose. Second by Selectman Nelson. Discussion: This payment settles the Kolias/Bateman overdraft in the old NPREA account. Vote: Unanimous.
New Business
Change Request to Police Department Pay & Job Classification
Chief Streeter discussed that in November 2004, he met with the Board and they approved the creation of a Master Patrolman’s position. This position offers an incentive to stay with the department beyond the initial three (3) years and includes an increase of 5% in wages.
Chief Streeter requested the Board revisit the idea again and recommends a plan that would address the retention issue for between seven and ten years. The plan requires shifting the Master Patrolman’s position one step higher on the job classification scale and inserting a Patrolman First Class position in between the Master Patrolman and the Fulltime Certified Post Probationary Patrolman. The structure of these positions would include Patrolman First Class with a length of service at three (3) years and Master Patrolman a length of service at six (6) years; each with a 5% increase.
Chief Streeter requested the Board to consider this proposal tonight; the rate is not cast in stone and not relevant tonight but it is the Grade and step that is necessary. This plan will buy some loyalty without spending any money and yet it gives a goal to be achieved.
Chairman Cushing motioned to accept Chef Streeter’s revised proposal for pay and job classification to include the position of Patrolman First Class at grade XV, step 8 at three years of service and the position of Master Patrolman at grade XV, step 10 at six years of service and to update the salary classification plan. Second by Selectman Nelson. Vote: Unanimous.
Year 2005 Mileage Reimbursement Rates
The Board reviewed a memo from Bookkeeper/Payroll Administrator, Kimberly Hughes informing the Board that the town received a notice from the IRS that the standard business mileage rate for 2005 has been increased to $0.405 per mile. According to the IRS, the primary reason for the increase is due to the rise in prices for vehicles and fuel. Currently the town reimburses employees $0.30 per mile for business travel.
Selectman Nelson motioned to increase the town’s mileage reimbursement rates from the old rate of $0.30 to $0.405 per mile effective February 1, 2005. Second by Selectman Harding. Discussion: The town’s business travel that is reimbursed is due to employee training which benefits the town and should cover the wear and tear on the vehicles. Vote: Selectman Nelson and Selectman Harding – yes; Chairman Cushing - opposed. Motion carries.
Selectman Nelson and Selectman Harding questioned Chairman Cushing why he is opposed to the increase. Chairman Cushing responded that he felt an increase to $0.35 would have been adequate.
Discussion of Impact Fees on Kolias proposed plan
The Board reviewed a lot line adjustment plan by David Kolias which changes four lots to three lots. Legal Counsel, Sharon Somers reviewed the plan and wrote that in her opinion that all three lots are subject to the impact fee ordinance. Sharon Somers added that the plan, even though titled lot line adjustment, functions as a subdivision.
The Planning Board requested that the Selectmen make the decision as it is their decision to make regarding the impact fee. TA, Wrigley stated that the Planning Board is making Kolias change the plan to a subdivision plan versus a lot line adjustment.
Chairman Cushing motioned that lots 004-05-14-16; 004-05-14-17 and 004-05-015 are subject to the school impact fee. Second by Selectman Harding. Vote: Unanimous.
2005 Regional Prosecutor Agreement
The Board discussed the 2005 Regional Prosecutor Agreement with Police Chief Streeter and it was discussed that the contract is the same as last years. Due to the lateness of hiring a County Attorney last year there is enough in the account to cover postage, telephone and out of pocket expenses for this year. Chief Streeter stated that some of the towns are crossing out the paragraph on page 2 of the contract that outlines these additional expenses. The Board concluded that to cross it out would mean that the town is not responsible for these fees and the towns are responsible to cover the out of pocket expenses for cases covered by this agreement. For clarity of the town’s intent, the Board decided to leave the paragraph as part of the agreement; for if they run out of money, then we will have to pay the town’s portion.
Chairman Cushing motioned to sign the Regional Prosecutor Agreement with the Rockingham County Attorney’s Office. Second by Selectman Harding. Vote: Unanimous.
Multi-year rate guarantee for Property Liability coverage
This issue will not be discussed as a multi-year contract was already signed last year.
Letter from resident Sean Perry of 71 Pond St Re: Property Tax bill
Resident Sean Perry and wife Laura were present to speak with the Selectmen about their second bill of tax year 2004. Mr. Perry stated that he purchased the property on October 8, 2004 and became concerned in January 2005 when he had not received a final tax bill. TA, Wrigley stated that the bill went out to the owner of record, Todd Fitzgerald at the time the tax bill was printed. The town receives the property transfers 10 to 15 days after the end of the month from the Rockingham Registry of Deeds.
Mr. Perry requests the Board to refund him the interest paid of $44.94 as he feels that he should not be held accountable.
Chairman Cushing motioned to refund Mr. Sean Perry $44.94 interest as assessed on his property at 71 Pond Street. Second by Selectman Nelson. TA, Wrigley added that the transfer information has been processed; therefore the June 2005 bill will be correct. Vote: Unanimous.
Announcements
First Annual Session (Deliberative Session) will be held at the Newton Middle School on Tuesday, February 8, 2005 starting at 7pm. The snow date is February 9, 2005.
Accept Minutes of Selectmen Meetings
Selectmen’s Public Meeting minutes of December 30, 2004, January 4, 2005 and
January 10, 2005
Chairman Cushing motioned to accept the December 30, 2004, January 4, 2005 and the January 10, 2005 meeting minutes as submitted. Second by Selectman Harding. Vote: Unanimous.
Selectmen’s Public Hearing Minutes and Non-Public Meeting minutes of December 30, 2004
Chairman Cushing motioned to accept the Public Hearing minutes and the non-public meeting minutes of December 30, 2004 as presented. Second by Selectman Harding. Vote: Unanimous.
Reports from Department Heads
The Selectmen met with Andrea Lewy to review the General Assessing Contract from 1/1/05 to 12/31/05 between Andrea Lewy, CNHA, Appraiser Supervisor and the Town of Newton. Outlined in the contract is a list of duties and what the town will be responsible for supplying.
Chairman Cushing added that the Board motioned at a previous meeting to hire Andrea for contract assessing as of January 16th but there was no official contract to sign.
Andrea stated that it is her intention to come on as the general assessor. She if very familiar with the town and the Avitar software and she has proven over the years to be fair and honest and educates the residents as to how the assessing works. Chairman Cushing asked Andrea if she would be able to assist Nancy with the data entry. Andrea responded that she would be able to help as this is part of her administrative role.
The Board then reviewed a letter from Avitar Associates requesting the town inform them as to whether the town will continue to contract with them and under what capacity or if the town wants to break all business relationship with Avitar. It was discussed that we need to put something in writing to Avitar as to the town’s intention for 2005; which is the completion of the data verification and a full update.
Chairman Cushing motioned to sign the General Assessing Contract between the Town of Newton and Andrea Lewy, CNHA, Appraiser Supervisor. Second by Selectman Harding. Vote: Unanimous.
The Board requested TA, Wrigley to send Avitar Associates a letter to let them know our desire is to break the general assessing portion of the contract and we want them to continue the data verification with the goal of doing the revaluation in 2005 and the software support.
Review of Action Items
Adjourn
Chairman Cushing motioned to adjourn at 9:41pm. Second by Selectman Harding. Vote: Unanimous.
Respectfully Submitted,
Mary B. Winglass
Office Manager
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