SELECTMEN’S PUBLIC HEARING AND PUBLIC MEETING
January 17, 2011
Chairman McCarthy called the meeting to order at 6:15pm. In attendance were Chairman Trisha J. McCarthy, Selectman Raymond D. Thayer, Town Administrator Nancy J. Wrigley and Office Manager Mary Winglass. Minutes were transcribed and typed by Office Manager Winglass.
Chairman McCarthy motioned to go into Nonpublic Session under RSA 91-A:3 II (c) – Code Enforcement. Second by Selectman Thayer. Chairman McCarthy polled the members which resulted in a unanimous roll call vote.
Chairman McCarthy motioned to close the nonpublic session at 6:30pm. 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.
Chairman McCarthy announced that before opening the public hearing she wanted to inform the public that Selectman Robert Donovan submitted his resignation on Thursday, January 13th and thanked Bob for his years of service and wished him well. Chairman McCarthy added that she received a lot of calls about this vacancy and explained that it opens a one year position on the Board of Selectmen. Sign-ups for this year’s election start on January 19th with the final day to file for candidacy on January 28, 2011.
6:30pm – Public Hearing on the proposed 2011 Budget and Warrant Articles
In accordance with RSA 32:5, a Public Hearing for the purpose of gathering public input on the proposed 2011 Town Budget and Warrant Articles will be held on Monday, January 17, 2011 at the Newton Town Hall.
Chairman McCarthy opened the public hearing at 6:45pm.
3. Are you in favor of the adoption of Amendment No. 2 as proposed by the Planning Board for the Town of Newton Zoning Ordinance as follows?
Amend Section II - Establishment of Zones by creating Village District Zone classification in the areas of Rowe's Corner, Central Main Street, and Newton Junction to provide the opportunity for the integration of limited commercial, professional, and service oriented business uses with existing residential and civic uses and preserve the historical and rural character of the areas.
Chairman McCarthy added that this Planning Board article is a way of preserving the rural character of the town, embraces smart growth and is based upon a harmonious blend of residential and nonresidential uses.
4. “Shall the Town of Newton raise and appropriate as an operating budget, not including appropriations by special warrant articles and other appropriations voted separately, the amounts set forth on the budget posted with the warrant or as amended by vote of the first session, for the purposes set forth therein, totaling 2,829,762.00? Should this article above be defeated, the default budget shall be $2,829,762.00, which is the same as last year, with certain adjustments required by previous action of the Town of Newton or by law; or the governing body may hold one special meeting, in accordance with RSA 40:13, X and XVI, to take up the issue of a revised operating budget only.”
NOTE: This operating budget warrant article does not include appropriations contained in ANY other warrant articles.
Chairman McCarthy thanked the department heads for working on a great operating budget without cutting any services. The 2011 proposed operating budget is exactly the same as the 2011 proposed default budget which is $46,099.00 less than the 2010 budget. Again Chairman McCarthy thanked everybody for making this a successful budget season.
Chairman McCarthy announced that at the end of 2010 a balance of approximately $297,000 went back into the general fund due to our departments due diligence and keeping our spending low and the Board’s insight with initiating a spending freeze.
Chairman McCarthy motioned to recommend warrant article #4. Second by Selectman Thayer. Vote: Unanimous.
5. “Are you in favor of increasing the Board of Selectmen to 5 members”? RSA 41:8-b
Town Administrator Wrigley informed the Board that she contacted the LGC and the State but both were closed today for the holiday. Her question to them regarding this warrant article is whether this must be a petition warrant article. Wrigley added that she believes that the Selectman can put any warrant article on the ballot.
Selectman Thayer motioned that the Board of Selectmen recommend warrant article #5. Second by Chairman McCarthy. Discussion: Chairman McCarthy explained the thought process for this article to add additional members for as we stand now we are down to two members. In February Selectman Thayer has a scheduled vacation and in order to meet it can only be done by speaker phone. This option makes it hard to run a meeting but it will be the only way in order to sign payroll and vendor manifests. With a five member board two members could be away and we would still have a quorum. Resident Mary Reardon asked if other town’s our size have a five member board; Chairman McCarthy responded that both Plaistow and Sandown currently work with a five member board. Vote: Unanimous.
6. To see if the Town will vote to adopt the Solid Waste Ordinance pursuant to RSA 149-M as proposed by the Board of Selectmen:
Transfer Station Manager Kevin Jolicoeur discussed that this ordinance was prepared by the 149-M Solid Waste Committee who worked hard to help prepare this ordinance in an effort to run the Transfer Station in a safe and ethical manner. This is a positive step forward and gives the residents a good understanding of what is expected of them.
Chairman McCarthy motioned to recommend this article. Second by Selectman Thayer. Vote: Unanimous.
7. To see if the Town will vote to raise and appropriate $106,169.00 for the repair and maintenance of town roads and to authorize the use of the NH Highway Block Grant in the amount of $106,169.00 to offset this appropriation. This is a non-lapsing warrant article and will not lapse until December 31, 2016 or until the project is completed, whichever comes first.
[Intent: This proposed article will result in no increase in the amount to be raised in taxes.]
Selectman Thayer motioned to recommend this article. Second by Chairman McCarthy. Vote: Unanimous.
8. To see if the Town will vote to establish, as proposed by the Conservation Commission, the entire Town of Newton as a Water District and authorize the Board of Selectmen, pursuant to New Hampshire RSA Chapter 38, to establish a municipal water utility, to accept future dedications of water utility infrastructure and to acquire those portions of existing water utility infrastructure, plant and property which the Selectmen judge to be suitable for establishing a municipal water utility, with the further understanding that any agreement to accept or acquire such plant or infrastructure shall either be paid for from monies appropriated for general government purposes, or alternately, in the Selectmen’s discretion, any agreement to acquire or a determination of acquisition price shall be presented to a future
Newton Town Meeting for approval and ratification prior to final acquisition of water utility property? (2/3 Vote Required)
Chairman McCarthy stated that we are not creating a water department but a water district to prevent water companies from coming in to purchase land with the intention of setting up a water company in town.
Chairman McCarthy motioned to recommend warrant article #8. Second by Selectman Thayer. Vote: Unanimous.
9. To see if the Town will vote to change the purpose of the previously established Capital Reserve Fund (created in 2005) for the future purchase of fire apparatus and equipment to include refurbishment of fire apparatus and equipment, and further to name the Board of Selectmen as agents to expend. (2/3 Vote Required)
Fire Chief Bill Ingalls stated that the purpose for this article is we now have a truck that needs to be refurbished and due to the set up of this Capital Reserve Fund only allows the use of these funds for a future purchase and this article will add the use of these funds to include refurbishment. By refurbishing this fire apparatus for approximately $90,000 will extend the life for another ten years; a new vehicle would be around $400,000.
Selectman Thayer motioned to recommend this article. Second by Chairman McCarthy. Vote: Unanimous.
10. To see if the Town will vote to raise and appropriate, as proposed by the Board of Selectmen and the Fire Chief the sum of $50,000.00 to be placed in the existing Capital Reserve Fund known as the “Fire Apparatus and Equipment Fund” created in 2005.
Chief Ingalls discussed that this request for funding will continue to grow this fund for as time moves forward eventually we will have to replace our equipment.
Chairman McCarthy motioned to approve this warrant article. Second by Selectman Thayer. Vote: Unanimous.
11. Shall the Town accept the provision of RSA 202-A:23 which will allow the Gale Library Trustees to accept, receive, invest and administer directly any funds and donations when so specified by the donor. Library Trustees administering and investing such special funds shall be governed by the provisions of RSA 31:25 and RSA 41:6.
Library Trustee Carol Szot discussed this article is to keep the responsibility of running the library by the trustees.
Selectman Thayer motioned to recommend this article. Second by Chairman McCarthy. Vote: Unanimous.
12. To see if the Town will vote, as proposed by the Gale Library Trustees, to change the use of the savings account “Library Building Fund” in the amount of $8,340.00 to be used for library upgrades and alterations to the current or existing library building. The Library Trustees will be the agents to expend these funds.
Carol Szot, Library Trustee stated that this savings account started with the Gale Library Building Committee running fundraisers followed by the Trustees fundraising to a balance today of approximately $8,320.
Chairman McCarthy motioned to recommend this article. Second by Selectman Thayer. Vote: Unanimous.
13. To see if the Town will vote to raise and appropriate, as proposed by the Recreation Commission and the Board of Selectmen, the sum of $3,000 for recreational programs and trips for senior citizens.
Selectman Thayer stated that the voters approved $5,000 for senior trips last year and yet found that we can do things for less money therefore we are only asking for $3,000 for this year.
Selectman Thayer motioned to recommend this article. Second by Chairman McCarthy. Vote: Unanimous.
14. To see if the Town will vote, as proposed by the Board of Selectmen, to raise and appropriate the sum of $20,000 to be paid toward the 2011 SOLID WASTE DISPOSAL BUDGET as an offset to the disposal costs and to authorize the withdrawal of $20,000 from the Transfer Station/Recycling Special Revenue Fund created in 2003 for this purpose.
[Intent: This proposed article will result in no increase in the amount to be raised in taxes.]
Transfer Station Manager Kevin Jolicoeur explained that this offset of $20,000 will help cover expenditures and annual costs.
Chairman McCarthy motioned to recommend this warrant article. Second by Selectman Thayer. Vote: Unanimous.
15. To see if the Town will vote, as proposed by the Board of Selectmen and Transfer Station Manager, to raise and appropriate the sum of $15,000 to hold a HAZARDOUS WASTE DAY for Newton Residents only and to authorize the withdrawal of $15,000 from the Transfer Station/Recycling Special Revenue Fund created in 2003 for this purpose.
[Intent: This proposed article will result in no increase in the amount to be raised in taxes.]
Transfer Station Manager Kevin Jolicoeur explained that there is some illegal dumping taking place and holding a household hazardous waste day will help dispose of chemicals from being deposited incorrectly.
Selectman Thayer motioned to recommend this article. Second by Chairman McCarthy. Vote: Unanimous.
16. To see if the Town will vote to raise and appropriate the sum of $2,000.00 for A SAFE PLACE to continue free and confidential Domestic Violence Support Services, counseling, emergency shelter services and community educational outreach.
Chairman McCarthy motioned to recommend this article. Second by Selectman Thayer. Vote: Unanimous.
17. To see if the Town will vote to raise and appropriate the sum of $3,800.00 to AREA HOMECARE & FAMILY SERVICES for the purpose of helping to defray the cost of in-home services for Newton’s elderly and people with disabilities, so they may stay in their homes for as long as possible.
Chairman McCarthy motioned to recommend this article. Second by Selectman Thayer. Vote: Unanimous.
18. To see if the Town will vote to raise and appropriate the sum of $2,000.00 for the CHILD ADVOCACY CENTER to assist the Newton Police Department in the coordination and investigation of child abuse cases.
Chairman McCarthy motioned to recommend this article. Second by Selectman Thayer. Vote: Unanimous.
19. To see if the Town will vote to raise and appropriate the sum of $2,000.00 for DRUGS ARE DANGEROUS INC. (D.A.D.) and to continue the “Natural High” experiences to our children, youth and families.
Selectman Thayer motioned to recommend this article. Second by Chairman McCarthy. Vote: Unanimous.
20. To see if the Town will vote to raise and appropriate the sum of $5,947.00 for the purpose of continued funding for FAMILY MEDIATION & JUVENILE SERVICES, a non-profit organization since 1983, to continue to provide the following services: Parent-Child Mediation, Peer Mediation Training, Community Service, Restitution, Youth and Parent Anger-Management Courses, Youth and Parent Substance Abuse Awareness Courses, Stop Shoplifting Courses, Tobacco Education, and individually-tailored juvenile diversion contracts.
Chairman McCarthy motioned to recommend this article. Second by Selectman Thayer. Vote: Unanimous.
21. To see if the Town will vote to raise and appropriate the sum of $1,800.00 for LAMPREY HEALTH CARE to continue to provide primary care & preventive health services and the senior transportation program.
Selectman Thayer motioned to recommend this article. Second by Chairman McCarthy. Vote: Unanimous.
22. To see if the Town will vote to raise and appropriate the sum of $750.00 for NH SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS (NHSPCA) to continue providing animal care and sheltering services, humane education and community services and cruelty investigations.
Chairman McCarthy motioned to recommend this article. Second by Selectman Thayer. Vote: Unanimous.
23. On a petition of 25 or more legal voter of the Town of Newton, to see if the Town will vote to raise and appropriate the sum of $5,000.00 for ROCKINGHAM COMMUNITY ACTION to continue their outreach programs and the broad range of services they provide such as: Fuel Assistance, Electric assistance, Child Care Resource, Surplus Food Distribution, Emergency food Pantry, Homeless Prevention, Literacy Services, WIC Supple-mental food Program, etc.
Selectman Thayer motioned strongly to recommend this article. Second by Chairman McCarthy. Town Administrator Nancy Wrigley stated that the town’s Welfare Agent stated this is one of the most important social services that we use for they have the services that are used by our residents and takes a burden off our budget; she highly recommends this article. Vote: Unanimous.
24. To see if the Town will vote to raise and appropriate the sum of $1,373.00 to support ROCKINGHAM NUTRITION and MEALS ON WHEELS PROGRAM, providing meals for older, homebound and disabled Newton residents.
Chairman McCarthy motioned to recommend this article. Second by Selectman Thayer. Vote: Unanimous.
25. To see if the Town will vote to raise and appropriate the sum of $2,000.00 for SEACARE HEALTH SERVICES to provide access to healthcare to uninsured individuals who live in the Town of Newton.
Selectman Thayer motioned to recommend this article. Second by Chairman McCarthy. Vote: Unanimous.
26. To see if the Town will vote to raise and appropriate the sum of $2,700.00 for VIC GEARY CENTER to provide a safe gathering place for senior citizens to congregate, share a nutritious noon meal, participate in social and recreational activities and to provide many clinics such as blood pressure, foot care, hearing, sight, home safety and tax preparation.
Chairman McCarthy motioned to recommend this article. Second by Selectman Thayer. Vote: Unanimous.
27. On a petition of 25 or more legal voter of the Town of Newton, to see if the Town will vote to establish a Newton Agriculture Commission, pursuant to RSA 674:44-e through g; RSA 673:1,II; RSA 673:4-b.
The intent of this article is to establish a commission to enhance more agricultural, farm, farm stands and is in its infant stages. Rockingham Planning Commission has worked with the Town of Lee for the past five years and has helped residents think through what they can do with their land, resource for the community on how we can maintain a rural character to the town.
Selectman Thayer motioned to recommend this article. Second by Chairman McCarthy. Vote: Unanimous.
Chairman McCarthy motioned to close the public hearing at 7:49pm. Second by Selectman Thayer. Vote: Unanimous.
- Introduction of Guests
- Old Business
IV. New Business
A. Trees on Route 108
Emergency Management Director Larry Foote discussed an email and pictures that he submitted to the Town Hall regarding trees that are hanging over Route 108. Foote added that he is not sure who is the property owner but wanted to put this in front of the Selectmen to decide on which way to go. A quote from a local tree company quoted $1,200 for the cost to release all hanging trees over Route 108 leaving the debris on the property; the town will be required to provide a police detail.
Based upon Foote’s assessment of the situation, this is a serious safety issue that the State will not get involved at this time. The Board discussed that before we do anything we need to send the homeowners a notification with a time limit to address the situation.
Chairman McCarthy motioned to notify the homeowners first about the seven trees leaning across Route 108 which is a safety issue and to determine whose property the trees are located. Second by Selectman Thayer. Vote: Unanimous. The Board asked to include this item on the next agenda.
B. Brush pile at the Transfer Station
Road Agent Mike Pivero discussed his concern with the large brush pile at the Transfer Station. The plan since this spring is to remove the pile in late summer and fall but unfortunately there has been no market for this product. We do not have to move it but if we were to come up with storm damage then we have no where to put the debris. Pivero contacted ProBark who will remove the pile for $2,500 or we could take the gamble and leave it. If we leave it and we end up with more storm damage then we would not have the room.
The Board agreed to remove the debris but without the Transfer Station Manager being present was unable to discuss budgeting for this purpose.
Chairman McCarthy motioned to approve the removal of the debris pending the agreement of the Transfer Station Manager to be paid from the Transfer Station budget to ProBark for a total of $2,500. Second by Selectman Thayer. Vote: Unanimous.
Fire Chief Bill Ingalls strongly recommended the removal of this pile before the spring.
C. Request to sell Girl Scout cookies at the Transfer Station
The Board reviewed a letter from resident Kathy Lynch, Co-Leader of Girl Scout Brownie Troop 12186 and Girl Scout Junior Troop 11001 located in Newton. Lynch requested to sell Girl Scout cookies at the Transfer Station on a Saturday or Sunday in February.
The Board then reviewed the “Rules, Regulations and Policy Regarding the Town of Newton Transfer Station” written and approved by the Board of Selectmen in February 2000. This policy outlines a designated area (sketch included) where persons engaging in any business or personal activity, political activity or campaigning, or solicitation of the users of the Transfer Station for any purpose or reason or distributing any literature, flyers or handouts shall remain within the designated public use area.
The sketch of the designated area is outdated due to the updates at the Transfer Station over the past couple of years. The Board asked for Transfer Station Manager to prepare an updated sketch to be reviewed at the next Selectmen’s meeting.
D. Sanborn National Honor Society Re: Request to stand at the Transfer Station asking for donations
Michele Fitzgerald was present and also sent in an email requesting the Sanborn Regional High School’s National Honor Society to “can” at the Transfer Station to help fund a trip working for Habitat for Humanity in West Virginia by building homes for poverty stricken areas.
The Board informed Michele that Transfer Station Manager will designate a new area for solicitations for the Board to review at their next scheduled meeting.
D. Request to review vacation and holiday pay policy for permanent part time Employees
Chairman McCarthy read a request from Cheryl Saunders, Deputy Town Clerk/Tax Collector requesting the Board take another look at the vacation and holiday pay policy for permanent part time employees.
Payroll Administrator Kim Hughes submitted a memo explaining the town’s policy for permanent part time employees contradicts itself for it states that “holiday and vacation benefit hours will equal a normal working day” on page 7. On the same page, the policy includes a schedule showing “Hours Worked per Week” and “Holiday & Vacation Pay” which specifies how many hours is paid to an employee based upon the number of hours worked per week. Hughes recommended removing the table therefore clarifying the policy that part time employee’s holiday and vacation benefit hours will equal a normal working day. An employee that works a varied hourly schedule over the two (2) week pay period will have his/her biweekly total hours averaged together to determine their “normal
working day”.
Chairman McCarthy motioned to amend the Personnel Policies and Procedures Permanent Part Time Employee Holiday and Vacation benefits per the recommendation from Payroll Administrator Kim Hughes. Second by Selectman Thayer. Vote: Unanimous.
E. Trinity EMS Three Year Contract
The Board reviewed a three year contract with a zero cost between Trinity Emergency Medical Service and the Town of Newton for the ambulance service. The term of the agreement runs from August 31, 2011 to August 31, 2014 and will provide (2) ambulances for emergency calls. Fire Chief Ingalls was present and stated that he is happy with Trinity’s response time and recommends to the Board to sign the agreement.
Chairman McCarthy motioned to sign the Trinity EMS, Inc. three-year agreement as recommended by the Fire Chief. Second by Selectman Thayer. Vote: Unanimous.
F. Vachon, Clukay & Company Re: 2010 Audit of Financial Statements
The Board signed an engagement letter for the audit of the 2010 Town of Newton Financial Statements.
G. RSA 31:95-b to accept and expend unanticipated funds in the amount of $816.00 to the Newton Food Pantry
Selectman Thayer motioned to accept and expend per RSA 31:95-b unanticipated funds in the amount of $816.00 to the Newton Food Pantry. Second by Chairman McCarthy. Vote: Unanimous.
Chairman McCarthy read a list of open positions for the 2011 Town Election. A copy of this list will be placed on the website.
VI. Accept Minutes of Selectmen Meetings
VII. Reports from Department Heads
VIII. Other Business
- Sign Manifests, Requisitions, Abatements, Tax Credits, Correspondence and Appointments
- The Board signed a Statement of Promulgation declaring the adoption of the NH Emergency Operations Plan adopted on June 14, 2010.
- The Board signed an application for a 2010 Homeland Security Grant for a communications-radio repeater system.
Chairman McCarthy motioned to sign the payroll manifest for January 2 – January 15, 2011. Second by Selectman Thayer. Vote: Unanimous.
- The Board signed a vacation time request for Office Manager Mary Winglass.
IX. Adjourn
Selectman Thayer motioned to adjourn at 8:35pm. Second by Chairman McCarthy. Vote: Unanimous.
Respectfully Submitted,
Mary B. Winglass, Office Manager
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