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May 3, 2010 Board of Selectmen Minutes
SELECTMEN’S PUBLIC MEETING

May 3, 2010


  • Call to Order
Chairman McCarthy opened the meeting at 6:04pm.  In attendance were Chairman Trisha J. McCarthy, Selectman Raymond D. Thayer, Selectman Robert S. Donovan, Jr., Town Administrator Nancy J. Wrigley and Office Manager Mary B. Winglass.  The public meeting was video and audio taped; minutes were transcribed and typed by Office Manager Winglass.

Chairman McCarthy motioned to go into Nonpublic Session under RSA 91-A:3 II (c) – Tax Deeding and Code Enforcement.  Second by Selectman Thayer.  Roll Call Vote: Chairman McCarthy – aye, Selectman Thayer – aye, Selectman Donovan – aye.  Vote: Unanimous.

Chairman McCarthy motioned to close the nonpublic meeting at 7:10pm.  Second by Selectman Thayer.  Per 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.

Public Hearing per RSA 31:95-b to accept and expend unanticipated funds in the amount of $12,948.93 to the Gale Library as part of an Energy Efficiency and Conservation Block Grant from the State of New Hampshire Office of Energy and Planning; to accept an anonymous donation of $40 cash to the Newton Food Pantry.

Chairman McCarthy opened the public hearing at 7:17pm.  

McCarthy read the Public Hearing Notice.  With no questions from the public, the following motion was made;

Selectman Thayer motioned to accept and expend unanticipated funds in the amount of $12,948.93 for the Gale Library Energy Efficiency and Conservation Block Grant from the State of NH Office of Energy and Planning.  Second by Selectman Donovan.  Vote: Unanimous.

Selectman Donovan motioned to accept and expend the $40 cash donation to the Newton Food Pantry.  Second by Chairman McCarthy.  Vote: Unanimous.

Chairman McCarthy closed the public hearing.
  • Introduction of Guests
  • Old Business
        A.  149-M Solid Waste Committee

The Board decided to form a 149-M Solid Waste Committee under the direction of Town Administrator Wrigley to work on policies and an ordinance for the 2011 Town Meeting.

        B.  Replacement refrigerator for the Central Fire Station

The Board tabled this discussion until the next meeting.

        C.  Review of nonpublic meeting minutes

The Board tabled this item until the next meeting to be held in nonpublic session.

        D.  Cont discussion of a Special Town Meeting

The Board announced that under the provisions of RSA 31:5, the Board of Selectmen (at their Thursday, April 29, 2010 meeting) voted to petition the Superior Court to conduct an emergency special meeting in order to correct a substantive administrative error on warrant article #3 that occurred at the Second Session of the Annual Town Meeting vote taken on March 9, 2010.  The error to warrant article #3 included two conflicting raise and appropriation dollar amounts.  The warrant article with the error can be viewed in the 2009 Annual Town Report page 86.  A copy of the petition can be viewed at the Selectmen’s Office during their regular office hours.

IV.     New Business
        1.  Quote for replacing the oil tanks at the Town Hall

Town Administrator Nancy Wrigley talked about a project proposed in the 2010 General Government Buildings budget to replace the oil tanks at the Town Hall.  

The tanks are very old, the legs are sitting on cinder blocks that have holes and are unstable.  Wrigley obtained a quote from Palmer Gas/Ermer Oil for this job that is over the bid amount and she asked for an exception to the bid requirement due to the fact that she feels it is important to stay with our current vendor.  The job includes the removal and replacement of the two tanks and to dig out the sand and pour a cement slab to make it level.  The tanks do not have much oil right now therefore it would be the best time to move forward with this job.

Selectman Donovan stated that he feels that this must go out to bid due to it being over the bid amount of $3,500.  Once the bids are reviewed then we can move forward with this necessary improvement.  The Board agreed to go out to bid for this project.

        2.  Ltr from Dept of Revenue Administration Re: Overall equalization assessment-                        sales ratio

The Board reviewed a letter from the Department of Revenue Administration with the median ratio of 121.6% for 2009 for the land, buildings, and manufactured housing in Newton for monitoring appraisal performance, and determining reappraisal priorities or evaluating the need for reappraisal.

        3.  Ltr from resident Cheryl Killam Re: Reimbursement

The Board reviewed a letter from resident Cheryl Killiam requesting a reimbursement by the town for expenses incurred during the power outage of February 25th windstorm for a total of $195.26.

Chairman McCarthy stated that she spoke with the Emergency Management Director and he will check with FEMA for based upon Ms. Killiam’s disabilities it may be covered but it is still a question mark at this point.  Chairman McCarthy stated that she will stay in contact with EMD Larry Foote and will follow up with Cheryl on the status of her request.

        4.  Ltr from resident John Lafave Re: Impact Fee refund

The Board reviewed a letter from resident John Lafave of 26 Whittier Street stating that he feels the town owes him $1,399.00 plus interest since 12/23/2004 based upon paying an impact fee for a single family residential home when in fact it is labeled as a “manufactured” home in his deed, occupancy permit and from the Newton Board of Appeals decision dated November 16, 2004.  Mr. Lafave stated that in 2004 he was anxious to move forward and into his new home with his wife therefore he agreed to pay the impact fee as decided by the Board of Selectmen at their December 6, 2004 meeting.

The Board reviewed a memo from Town Administrator Wrigley showing the events that led to the decision of December 6th from the Selectmen to assess the fee for a single family detached home.

Selectman Donovan stated that there is a lot of information to decipher and he asked for some time to review it and to reschedule this issue for the next Selectmen’s meeting.  Chairman McCarthy asked Mr. Lafave why it has taken so long to come to the town with this request.  Lafave answered that he could now use the additional funds.  The Board tabled this discussion until Tuesday, May 18th.

        5.  Email from resident Steven Francis Re: Resident Sticker location

Mr. Steven Frances was present to speak with the Board about his request to permanently affix the town’s resident sticker to the driver’s side vent window on his pickup truck.  Mr. Frances brought pictures of his vehicle and stated that he finds it distracting to put the sticker on his windshield.  The Board agreed to allow this request for it is a safety issue and easy to see on the vent window.  Town Administrator Wrigley will inform the Transfer Station Manager of the Board’s approval.

        6.  State of NH Surplus Property Auction

The Board reviewed a letter from James R. St. Jean Auctioneers informing the town of a state wide auction on Saturday, May 15, 2010.  The Board stated that we have no cruisers for sale.

V.       Announcements
  • 2010 Census Participation Rate
McCarthy read the notice from the census website that the participation rate as of April 23rd is 72% which has exceeded the expectations of many.

VI.     Accept Minutes of Selectmen Meetings
  • Selectmen’s Public Meeting minutes of February 1, 2010, February 8, 2010, February 17, 2010 and March 1, 2010
Chairman McCarthy motioned to accept the Selectmen’s Public Meeting minutes of February 1, 2010, February 8, 2010, February 17, 2010 and March 1, 2010 as written.  Second by Selectman Donovan.  Vote: Unanimous.

  • Selectmen’s Nonpublic Meeting minutes of February 1, 2010, February 8, 2010 and February 17, 2010
Chairman McCarthy motioned to accept the Selectmen’s Nonpublic Meeting minutes of February 1, 2010, February 8, 2010 and February 17, 2010 as written.  Second by Selectman Thayer.  Vote: Unanimous.

VII.     Reports from Department Heads
VIII.   Other Business
  • Sign Vendor and Payroll Manifest, Requisitions, Abatements, Tax Credits and Correspondence
Memorial Day Parade

Recreation Commission member Rick Bailey was present and discussed the plans for the Memorial Day parade.  Newton still needs a person to give the opening remarks and a Grand Marshall which could be the same person.  We need to know for if we have no one then Kingston will help but we need to let them know as soon as possible.  Another issue is someone to give the invocation and we need a sound system set up at the cemetery.  There has been a change to the order for Newton will form at 10:30am with the step off at 11am.  The High School band will be at the parade and we now need to work on some of the details and a program.  

Chairman McCarthy added that she worked on the program with Recreation Commission Secretary last year and offered to do so again this year.  Office Manager Winglass stated that as a Cable Committee member we are planning on filming this year’s parade and will set up the sound system but will need a generator.

The Board discussed speaking with Road Agent Mike Pivero for he is a Veteran and may know of someone in town to be the Grand Marshall and to give the welcoming remarks.

Rick Bailey added that there is a change to the parade route for they will not go down Elm Street.

Town Clean-Up Day

Rick Bailey informed the Selectmen of the wonderful turnout at Greenie Park and at the town beach for everything went very well and looked great for the opening day at Greenie Park; Bailey thanked all those who helped with this project.  



Pavilion at Greenie Park

Recreation Commission member Rick Bailey spoke discussed a quote for material for the pavilion at Greenie Park.  The estimate for the materials is $4,290.33 with $1,750 received to date in donations for this Eagle Scout project.  The labor has been secured for the construction using local businesses and they will be submitting a certificate of insurance to the town.

Recreation Commission is helping with the cost of this project and asked for the Board to approve $5,000 from the Newton Recreation Checking Account which currently has a balance of approximately $42,000.  The Board agreed with the spending of $5,000 for the pavilion at Greenie Park paid from the Recreation Checking Account.

Greenie Park Field Maintenance

The Board reviewing a request from the Recreation Commission for the Selectmen to approve and sign a contract with David W. Marden Landscape Maintenance for field maintenance at Greenie Park for 2010.

After reviewed the contract with a price that exceeds the bid requirement per the town’s purchase policy, the Board agreed that this contract needs to go out to bid.  The Board stated that it has nothing to do with the current vendor but per the policy, which we must follow, we need to go out to bid due to it being a new contract.  Bailey talked about how Recreation is very happy with the services provided by Marden and asked if Recreation needs to go out to bid and they were told no.  The Board discussed that going out to bid has nothing to do with the service but is the policy of the town alone that requires the bid.  

The Board asked for the staff to get the bid paperwork out to the newspaper and town website using the date of the next Selectmen’s meeting for bids to be submitted to the Selectmen’s Office.

Application for Use Permit

The Board asked for a notice to be put on the town’s website to the residents for the use of the fields at Greenie Park for birthday parties, family outings or even a wedding.  Residents are to contact the Selectmen’s Office for availability.  The Board approved for Chairman McCarthy to sign a completed Application for Permit to use Greenie Park for Newton Baseball and Softball starting May 1st to June  30th.  
 
Other Business

  • EMD Larry Foote was present to discuss a graded Seabrook drill this Wednesday and the need for a representative from each department.
  • The Board reviewed a letter from DOT Highway Block Grant Aid – Revision
  • The Board signed a Forest Fire Report/Bill dated April 22, 2010 for training for William Ingalls and Edmund Merriam for a total of $98.56.
  • The Board reviewed a letter from the Town of Kingston asking about an open dialog concerning the use of Kingston’s emergency shelter by residents of neighboring towns.  Either Chairman McCarthy or EMD Larry Foote will contact the Town of Kingston.
  • The Board signed a letter to Merrimac Savings Bank to open a new account for the Sargent Woods project.
  • The Board signed the Vendor Manifest dated May 5, 2010 for a total of $456,340.15 which includes a large payment to the Sanborn Regional School District.
  • The Board signed a Gravel Tax Levy to SPE Real Estate LLC in the amount of $49.08 for Map 014-01-024 for tax year April 2009 – March 2010.
  • Timber Cut for Centerview Hollow Land Company.  The Board last week signed a timber tax for Centerview Hollow Land Company but inadvertently the wrong numbers were used to calculate the amount due.  TA, Wrigley called Centerview Hollow to review the bill, the invoice has been voided and we need an abatement to remove it from the Tax Collector’s Office.  The Board signed the abatement in the amount of $224.49.
  • The Board signed a revised abatement spreadsheet for units 13, 14 and 15 for 6 Puzzle Lane.  This one corrects what was approved and signed at the last meeting.
Appointments

Selectman Thayer motioned to appoint Kathleen Meserve as a Gale Library Trustee Alternate with an expiration date of April 15, 2011.  Second by Selectman Donovan.  Vote: Unanimous.

Selectman Donovan motioned to appoint Ann Miles to represent Newton as a Rockingham Planning Commissioner with an expiration date of April 15, 2014.  Second by Selectman Thayer.  Vote: Unanimous.

IX.    Adjourn

The next Selectmen’s meeting will be held on Tuesday, May 18th instead of Monday May 17th due to work scheduling issues.

Selectman Donovan motioned to adjourn at 9:03pm.  Second by Selectman Thayer.  Vote: Unanimous.

                                                                Respectfully Submitted,


                                                                Mary B. Winglass, Office Manager