NEWTON BOARD OF SELECTMEN
DATE: TUESDAY, NOVEMBER 29, 2011
TIME: 6:45PM
LOCATION: NEWTON TOWN HALL, 2 TOWN HALL ROAD
PUBLIC MEETING
- Call to Order, Roll Call Vote
Chairman Thayer called the meeting to order at 6:50pm. In attendance were Chairman Raymond D. Thayer, Selectman Trisha J. McCarthy, Selectman Lawrence B. Foote, Town Administrator Nancy J. Wrigley, Office Manager Mary B. Winglass, Deputy Fire Chief Dale Putnam and Fire Chief William Ingalls. The public meeting was videotaped; minutes were transcribed and typed by Office Manager Winglass.
- Nonpublic Session under RSA 91-A:3 II (c) – Fire Department and Tax Abatement/Appeals
Chairman Thayer motioned to go into Nonpublic Session at 6:51pm under RSA 91-A:3 II (c) – Fire Department and Tax Abatement/Appeals Second by Selectman Foote. Motion passed with a unanimous roll call vote.
The Board unanimously motioned to recess the Nonpublic Meeting at 8:07pm until after the public meeting.
Chairman Thayer opened the public meeting at 8:20pm.
- Pledge of Allegiance
- Introduction of Guests
- Approval of Minutes (Review prior to meeting)
- Scheduled Business
- Fire Department Re: Fire Department Organization
Present were quite a few members of the Newton Fire Department.
Selectman McCarthy outlined the Selectmen having to make a decision regarding a tie vote at the last election held by the Fire Department for the position of Fire Chief. The Board was not sure of their jurisdiction and asked the Local Government Center for their legal opinion.
Meanwhile the town received two letters of interest for the upcoming Fire Department election of a Fire Chief. Earlier this year the Selectmen worked on updating job descriptions to include the position of Fire Chief which had only a minor update to include office hours but overall they stayed the same since they were originally written in 1987. The Board discussed the concern that if the candidate who gets elected does not meet the minimum requirements as outlined in the job description then it leaves the town at risk. The Board is trying to create a balance with the least amount of risk as well as in the best interest of the town.
The Fire Department bylaws were discussed and there was some confusion as to whether they were written for the Fire Department or the Fire Association. Deputy Dale Putnam who is also the President of the Fire Association stated that the Association has nothing to do with the day to day operation of the Fire department; they are a nonprofit organization with their own bylaws. There are two sets of bylaws; one for the Newton Fire Department and the other is for the Newton Fire Association. The Board decided to check with the Local Government Center legal counsel on the bylaws for there is some confusion since it was realized that there are two sets of bylaws. Town Administrator Wrigley asked for a copy of the Fire Association Bylaws for she does not have a copy in her files.
In 1993 Revised State Statute 154 was amended and between January 1, 1994 and January 1, 1996 municipalities should have placed an article in the town warrant to adopt one of the forms allowed under RSA 154:1 (a) through (e). No vote was taken in Newton to determine the actual form of governance for the municipal fire department. Therefore the Selectmen are prepared to put in a warrant article on the 2012 Town Meeting Warrant.
The Board added that the first step is to ask the Fire Department to give their recommendation out of the five choices under RSA 154:1 to the Selectmen on the type of organization of the Fire Department.
In the meantime the Fire Department will hold their elections next week as their “vote of confidence” for the next appointed Fire Chief. Also the Fire Department will respond by the end of December with their recommendation on which form of organization they prefer under RSA 154:1 (a) through (e).
Town Administrator Wrigley will send out via email a copy of the revised Fire Chief Job Description to the members of the Fire Department so they can vote based upon the qualifications and requirements. The Board reiterated the need to make sure at least the minimum qualifications are met by any candidate that has put his/her name in for consideration. The Board will look to appoint based upon requiring at least the minimum qualifications of those that applied for this position through the Fire Department election process and will not job search for this position.
The Board will review this item again on December 13th after the Fire Department elections.
- Per RSA 31:95-b to accept and expend unanticipated funds in the amount of $100 to the Newton Food Pantry from the Historical Society
Chairman Thayer motioned per RSA 31:95-b to accept and expend unanticipated funds in the amount of $100 to the Newton Food Pantry from the Historical Society. Second by Selectman McCarthy. Vote: Unanimous.
- Town awarded Federal Share of $9,216.75 for eligible costs associated with Tropical Storm Irene
Chairman Thayer announced that the town was awarded the Federal Share of $9,216.75 for eligible costs associated with Tropical Storm Irene. Once the funding is received the town will hold a public hearing to accept and expend unanticipated funds.
- Review bid for Greenie Park and Town Beach 2012 Facilities Maintenance
The Board reviewed the 2011 contract and the proposed 2012 bid for Greenie Park and Town Beach 2012 Facilities Maintenance. The Board asked to invite David Marden of David Marden Landscaping into a nonpublic meeting to negotiate the cost increases.
- Open bids for Fire Suppression Cistern
The Board opened bids from the following companies;
Fred Burack Co., Rye, NY
Eastern Seaboard Concrete Construction Co, Inc., Newton, NH
D&V Landscaping, Tilton, NH
Hawkins Construction, New Ipswich, NH
The Board decided to give a copy of the bids to Chief Building Inspector Ron LeMere for his review and recommendation.
- Memo from Planning Board Re: Town Acceptance of Walnut Farm Road
Chairman Thayer read a memo from the Planning Board stating that on November 22, 2011 the Planning Board unanimously voted to recommend Walnut Farm Road to be accepted as a Town road. Letter of recommendations from the Town Engineer, Town Counsel and Road Agent were given as supporting documentation.
Selectman McCarthy motioned to accept Walnut Farm Road as a Town Road. Second by Selectman Foote. Vote: Unanimous.
- Application for Sewage Disposal System at Greenie Park
Chairman Thayer signed an application for a Sewage Disposal System at Greenie Park to send the proposed septic plan at Greenie Park to the State of NH Dept of Environmental Services for their review and approval. The Board approved the application cost of $300.
- Anonymous letter from Newton & Kingston Residents
Road Agent Mike Pivero was present to discuss an anonymous letter received from “Newton & Kingston Residents”. The letter addressed concerns with the water level of Country Pond and since the town has no authority over Country Pond, residents must contact the State of NH Dam Bureau. A second concern is with the salt and sodium used around Country Pond; Pivero stated that the town does not use any salt around the pond mainly due to the wells in the area.
- Weight limit restrictions on Crane Crossing Road
Road Agent Mike Pivero informed the Board that the Town of Plaistow approved Crane Crossing Road as a No Thru Trucking, not to exceed 12,000 gvw and he asked for the Board’s approval to post the Newton portion of Crane Crossing Road.
Selectman McCarthy motioned to accept the recommendation from the Road Agent to make Crane Crossing Road a No Thru Trucking with a weight limit of 12,000 gvw per RSA 231:191. Second by Selectman Foote. Vote: Unanimous.
- Finalize the 2012 Town Meeting Timeline
The Board finalized the dates of the 2012 Town Meeting as follows;
- Monday, January 16, 2012 Budget Public Hearing, 7pm at the Town Hall. Snow date of Tuesday, January 17th, same time and place
- Saturday, February 4, 2012 First Session of the Annual Town Meeting (Deliberative Session) 9:30AM at the Newton Town Hall. Snow date of Monday, February 6th, 7pm at the Town Hall.
- 2011 Annual Town Reports will be available to pick up on March 6, 2012 at the Town Hall and Gale Library.
- Announcements
- Representative from Kelly Ayotte’s Office will be at the Town Hall on Wednesday, November 30th from 2pm to 3pm
- Representative from Frank Guinta’s Office will be at the Town Hall on Wednesday, December 7th at 2:30pm
- Other Business, Sign Manifests, Requisitions, Abatements, Tax Credits, Correspondence and Appointments
- The Board signed the final E-scrap Rental Container, Collection & Disposal Contract with E.L. Harvey & Sons, Inc.
- The Board signed a Timber Tax Abatement for Maps 001-04-001 and 001-03-001 for a total of $70.42
The Board unanimously motioned to resume the Nonpublic Meeting at 9:55pm.
Chairman Thayer motioned to adjourn the nonpublic at 10:15pm. Second by Selectman McCarthy. 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.
The Board unanimously voted to adjourn the meeting at 10:17pm.
Respectfully Submitted,
Mary B. Winglass, Office Manager
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