Selectmen’s Public Hearing
Budget and Warrant Articles
Monday, January 16, 2012
Selectman Trisha McCarthy opened the Public Hearing at 7pm to review the 2012 Town Budget and Warrant Articles. Selectman McCarthy stated that she is helping out Chairman Thayer tonight due to having voice problems. In attendance were Chairman Raymond D. Thayer, Selectman Trisha J. McCarthy, Selectman Lawrence B. Foote, Town Administrator Nancy J. Wrigley and Office Manager Mary B. Winglass. The meeting was videotaped; minutes were transcribed and typed by Office Manager Winglass.
Selectman McCarthy announced that there are handouts at the table to include the 2012 Town Warrant, a spreadsheet showing the 2012 Town budget and Default budget, a page titled Tax Impact 2012 and the MS-6 Budget of the Town of Newton.
Selectman McCarthy explained that warrant articles (1) through (5) are Planning Board articles that will not be discussed tonight. The Planning Board will hold their second public hearing tomorrow night.
6. To see if the Town will vote to raise and appropriate $800,000.00 for the purchase of land and buildings on Merrimac Road, identified in the town’s tax records as Map 12, Lot 6, Sub-lot 11, a portion of which will be used for a new police station, to authorize the execution of a 10-year, 0% interest mortgage and promissory note to finance the purchase of the property in accordance with the Municipal Finance Act (RSA 33), and to authorize the Selectmen to issue and negotiate said mortgage and promissory note. Of the $800,000.00 raised and appropriated, $60,000.00 shall be designated for the first year’s payment on the mortgage note. (3/5 ballot vote required)
THE BOARD OF SELECTMEN DOES/DOES NOT RECOMMEND THIS ARTICLE
Chairman McCarthy read warrant article #6 and asked if there were any comments from the public. With no public comments, Selectman McCarthy added that this is a zero percent interest note which is very good option for the town.
Selectman McCarthy motioned to recommend warrant article #6. Motion carried with a unanimous vote.
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7. “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 $2,932,375.00? Should this article be defeated, the default budget shall be $2,874,755.00, 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.
THE BOARD OF SELECTMEN DOES/DOES NOT RECOMMEND THIS ARTICLE
Selectman Foote read warrant article #7 and asked if there were any comments from the public. No comments from the public.
Selectman Foote motioned to recommend this article. Motion carried with a unanimous vote.
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8. If article 6 is approved, to see if the Town will vote to authorize the Selectmen to list the Town Police Station located at 2 Amesbury Road, Town Tax Map 10-7-15 for sale with a broker for a price not less than the fair market value as determined by an independent appraisal. The Selectmen are hereby authorized to set such terms and conditions for the sale as they deem reasonable, appropriate and in the best interest of the Town.
THE BOARD OF SELECTMEN DOES/DOES NOT RECOMMEND THIS ARTICLE
Chairman Thayer read warrant article #8. No comments from the public.
Chairman Thayer motioned to recommend this article. Motion carries with a unanimous vote.
9. 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.
THE BOARD OF SELECTMEN DOES/DOES NOT RECOMMEND THIS ARTICLE
Selectman Foote read warrant article #9. No comments from the public.
Selectman Foote motioned to recommend this article. Motion carried with a unanimous vote.
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 $66,900.00 for Phase II of the installation of a “FIRE SUPPRESSION CISTERN” for the Newton Town Hall and to further withdraw $1,531.12 plus accrued interest from the Sprinkler Capital Reserve fund created in 1997. This will be a non-lapsing appropriation per RSA 32:7, VI and will not lapse until the sprinkler system is completed or by December 31, 2017, whichever is sooner. (Per Selectmen’s Bid Policy)
THE BOARD OF SELECTMEN DOES/DOES NOT RECOMMEND THIS ARTICLE
Selectman McCarthy read warrant article #10. Town Administrator Wrigley added that she believes this to be the final phase of this project and would recommend voting for it due to all the work completed thus far.
Selectman McCarthy motioned to recommend warrant article #10. Motion carries with a unanimous vote.
11. To see if the Town will vote to adopt the RSA 154:1, the Organization of the Fire Department, paragraph II as provided in paragraph I (b). If adopted, the firefighters may recommend the appointment of a Fire Chief to the Board of Selectmen by means of an internal election; the appointed Fire Chief may recommend firefighters to be appointed by the Board of Selectmen.
THE BOARD OF SELECTMEN DOES/DOES NOT RECOMMEND THIS ARTICLE
Chairman Thayer read warrant article #11. No public comments.
Selectman McCarthy motioned to recommend this article. Motion carried with a unanimous vote.
12. To see if the Town will vote to raise and appropriate $91,295.00 for the repair and maintenance of town roads to be offset by the NH Highway Block Grant. This is a non-lapsing appropriation and will not lapse until the completion of the project or until December 31, 2017, whichever is sooner.
THE BOARD OF SELECTMEN DOES/DOES NOT RECOMMEND THIS ARTICLE
[Intent: This proposed article will result in no increase in the amount to be raised in taxes.]
Selectman Foote read warrant article #12. No public comments.
Selectman Foote motioned to recommend warrant article #12. Motion carried with a unanimous vote.
13. To see if the Town will vote to change the position of the Highway Foreman from part-time to full-time effective April 1, 2012 and further to raise and appropriate $7,000.00 for the additional costs in salary and benefits. If approved, this appropriation will be included in the operating budget in coming years.
THE BOARD OF SELECTMEN DOES/DOES NOT RECOMMEND THIS ARTICLE
Chairman Thayer read warrant article #13. Resident Sandy Estabrook questioned whether Highway Foreman is the same as Road Agent. Selectman McCarthy responded no, the Highway Foreman works on the Road Crew and currently works part time and is being proposed to move him to full time status. This change is based upon not having enough hours to get done what needs to get done on the roads, swales and catch basins.
Selectman McCarthy motioned to recommend warrant article #13. Motion carried with a unanimous vote.
14. To see if the Town will vote, as proposed by the Board of Selectmen, to raise and appropriate the sum of $60,000.00 to be paid toward the 2012 SOLID WASTE DISPOSAL BUDGET as an offset to the disposal costs and to authorize the withdrawal of $60,000.00 from the Transfer Station/Recycling Special Revenue Fund created in 2003 for this purpose.
THE BOARD OF SELECTMEN DOES/DOES NOT RECOMMEND THIS ARTICLE
[Intent: This proposed article will result in no increase in the amount to be raised in taxes.]
Selectman Foote read warrant article #14. No public comments.
Selectman Foote motioned to recommend this article. Motion carried with a unanimous vote.
15. To see if the Town will vote, as proposed by the Board of Selectmen, to raise and appropriate the sum of $50,500.00 to install a Security Fence at the Transfer Station in an effort to make the facility safe and protect the Town from liability; and to further authorize the withdrawal of $50,500.00 from the Transfer Station/Recycling Special Revenue Fund created in 2003 for this purpose. (Per Selectmen’s Bid Policy)
THE BOARD OF SELECTMEN DOES/DOES NOT RECOMMEND THIS ARTICLE
[Intent: This proposed article will result in no increase in the amount to be raised in taxes.]
Chairman Thayer read warrant article #15. No public comments. Selectman McCarthy explained that this warrant article is a direct result from the Department of Environmental Services requiring a secure facility.
Selectman McCarthy motioned to recommend this article. Motion carried with a unanimous vote.
16. To see if the Town will vote to raise and appropriate, as proposed by the Cemetery Trustees, the sum of $2,600.00 to restore the lawn in the front section of the Willow Grove Cemetery by removing the weeds and crab grass, rotor till, enhance, fertilize and re-seed the soil.
THE BOARD OF SELECTMEN DOES/DOES NOT RECOMMEND THIS ARTICLE
Chairman Thayer read warrant article #16 and spoke on this article. Thayer added that he worked in the cemetery for 15 years and you are not mowing grass, you are mowing moss. Since it is a Veteran’s Cemetery, Thayer felt that the town can afford to spruce it up not only for the Veteran’s but for all that are buried there.
Selectman McCarthy motioned to recommend this article. Motion carried with a unanimous vote.
17. Shall the Town enact the following Administrative Enforcement Ordinance?
ADMINISTRATIVE ENFORCEMENT ORDINANCE FOR
VIOLATIONS OF TOWN ORDINANCES, BYLAWS OR REGULATION
AUTHORITY
This Administrative Enforcement Ordinance is adopted by the Town of Newton in accordance with the provisions of New Hampshire Revised Statutes Annotated Chapter 31, Section 39-c, authorizing the Town of Newton to establish a system for the administrative enforcement of violations of any municipal code, ordinance, bylaw, or regulations, and for the collection of penalties, to be used prior to the service of a formal summons and complaint, and to include opportunities for persons for a schedule of enhanced penalties the longer such penalties remain unpaid.
PURPOSE
It is the declared purpose of the Town of Newton, through the adoption of this Ordinance, to establish an administrative enforcement system, as authorized by NH RSA 31:39-c, to enable simplified, less expensive and expeditious enforcement of violations of the Town’s codes, ordinances, bylaws or regulations. This system shall be in addition to, and not in replacement of, any other remedies for enforcement available bylaw.
SECTION 1. Notice of Violation
Violations of Town of Newton municipal codes, ordinances, bylaws or regulations may be enforced via the issuance of notices of violations containing a description of the offense and any applicable penalties, either delivered in person or by first class mail to the last known address of the offender.
SECTION 2. Administration
The system may be administered by Newton Police Department or by such other Newton municipal agency or official as is designated by the Newton Board of Selectmen.
SECTION 3. Separate Event
Each instance of offense shall constitute a separate event for purpose of assessment of a penalty and in the case of a continuing violation, each day said violation occurs shall constitute a separate violation for penalty purposes.
SECTION 4. Amount of Penalty
The dollar amount, before the doubling or tripling specified below, of the penalty for a particular violation shall be the amount set forth in the particular code, ordinance, bylaw, or regulation for whose violation a notice is issued.
SECTION 5. Enhanced Penalties
Failure of the offender to pay the penalty designated in the notice of violation within 30 days shall automatically increase the penalty to double the amount specified, which said doubling shall be
warned of in the notice, provided that the total amount assessed for each offense shall not exceed $1,000. Failure of the offender to pay the penalty designated in the notice of violation within 60 days shall automatically increase the penalty to triple the amount specified, which said tripling shall be warned of in the notice, provided that the total amount assessed for each offense shall not exceed $1,000.
SECTION 6. Payment of Violations
Penalties imposed under this system may be paid by mail to the issuing department to the address for payment specified on the notice of violation.
SECTION 7. Appeals
Appeals for the issuance of a notice of violation shall be heard by the Board Selectmen or their designee as judge utilizing the informal procedure of the small claims court justice, which said appeal shall not be governed by the rules of evidence, provided that such appeal is requested by letter to the Board of Selectmen within 15 calendar days from the issuance of the notice of violation. Any enhanced penalty may also be appealed in like fashion to the Board of Selectmen provided that such appeal is requested within 15 calendar days from any increase in penalty. The decision of the Board of Selectmen on any such appeal, which may include the waiver of any enhanced penalty, shall be final.
SECTION 8. Other Remedies
If the administrative enforcement system established by this Ordinance is unsuccessful at resolving an alleged violation, a summons may be issued as otherwise provided by law, including use of the procedure for plea by mail set forth in RSA 31:39-d, and any other remedies available by law may also be utilized.
THE BOARD OF SELECTMEN DOES/DOES NOT RECOMMEND THIS ARTICLE
Selectman McCarthy and Selectman Foote read the complete wording of warrant article #17. Resident Russell Riccio questioned why the Board was holding this meeting on a National and State holiday. The Board explained that this is a Public Hearing and due to restrictions by the State must be held within a certain period of time.
Mr. Riccio added that he feels this article gives the town more power to harass the residents of the town. Mr. Riccio then asked if we are voting on having (5) Selectmen tonight. Selectman McCarthy explained that change must be done by a petition warrant article and no one brought forth a petition article this year.
Selectman McCarthy responded that she appreciates the comment and understands but this ordinance relates more towards wetlands damage or illegal trespassing. This ordinance has to do with the Transfer Station illegal dumping or trespassing, Conservation issues and covers violations as it relates to town bylaws, ordinances or regulations. Mr. Riccio addressed his legal issues with the town and felt that this ordinance is aimed at residents like him. Selectman Foote explained that to enforce a code violation the town has the State Statues to follow but when a violation happens as it relates to a town ordinance, we need to adopt this ordinance to give the town some teeth when enforcement is necessary.
Chairman Thayer asked where the revenue would go from this article. Town Administrator Wrigley responded that it would go into the general fund as revenue.
Resident/Cemetery Trustee Bill Landry stated that if he understands this article correctly it is for the Administrative Enforcement for Violations of Town Ordinances, Bylaws or Regulations and asked if it could be used in regards to regulations for the operation of the cemetery. Selectman McCarthy responded that she understands that any town regulations could be incorporated into the uniform fine schedule. Town Administrator Wrigley added for clarification that the Transfer Station Ordinance passed last year and this is the second phase for the administrative enforcement of all town ordinances, bylaws or regulations. Police Chief Streeter stated that this ordinance allows the town able to manage their affairs easier and bring everything under a management system. No one
wants to end up in court over a town regulation, this ordinance allows for a grievance to be handled by the Board of Selectmen.
Selectmen McCarthy motioned to recommend this article. Motion carried with a unanimous vote.
18. To see if the Town will vote to change the position of Director of the Gale Library from part-time to full-time effective April 1, 2012 and further to raise and appropriate $10,649.00 for the additional costs in salary and benefits. If approved, this appropriation will be included in the operating budget in coming years.
THE BOARD OF SELECTMEN DOES/DOES NOT RECOMMEND THIS ARTICLE
Chairman Thayer read warrant article #18. Selectman McCarthy explained that currently the town’s Library Director works 39 hours per week, she is one hour short of full time status. Approval of this article will allow the Library Director to benefits per the town’s personnel policy. Selectman McCarthy added that we have received raving reviews of the services provided at the library. Town Administrator Wrigley added that a warrant article came in today that the Library Trustees revamped and changed the dollar amount but it was too late but suggested that they amend it at the Deliberative Session and vote on it at that time.
Selectman McCarthy motioned to recommend this article. Motion carried with a unanimous vote.
19. To see if the Town will vote to raise and appropriate, as proposed by the Gale Library Trustees, the sum of $11,750.00 to install a Ductless A/C Heat Pumps on the second floor of the Gale Library. (Per Selectmen’s Bid Policy)
THE BOARD OF SELECTMEN DOES/DOES NOT RECOMMEND THIS ARTICLE
Selectman Foote read warrant article #19. Carol Szot, Trustee explained that this year they replaced all the windows at the Gale Library and found that with the warranty you cannot hang the window air conditioners without violating the warranty; this proposed ductless A/C Heat pump system is similar to what was installed at the Town Hall.
Selectman Foote motioned to recommend this article. Motion carried with a unanimous vote.
20. Shall the Town vote to designate the Town-owned Peanut Trail as a Class B Trail, as authorized by RSA 231-A. The Peanut Trail consists of Tax Map 12 Block 1 Lot 13 and Tax Map 11 Block 7 Lot 60.
THE BOARD OF SELECTMEN DOES/DOES NOT RECOMMEND THIS ARTICLE
Chairman Thayer read warrant article #20. Selectman McCarthy explained that we know the Peanut Trail is a trail but this article solidifies that it is a Class B Trail per State Statute. Per RSA 231-A:1 II - A class B trail shall be a full public right-of-way of indefinite duration subject to public trail use restrictions. It shall not have the status of a publicly approved street, shall not be used as a vehicular access for any new or existing building or structure, and shall not be used by the owners of land served by or abutting on such trail in any manner inconsistent with applicable public trail use restrictions. Selectman McCarthy explained that this will not allow motor vehicles on the trail but does not address ATV’s or snowmobiles. This is to protect the animal and
vegetative habitat and wetlands.
Selectman McCarthy motioned to recommend this article. Motion carried with a unanimous vote.
21. To see if the Town will vote to raise and appropriate, as proposed by the Recreation Commission, the sum of $3,500.00 for Recreational Programs and Trips for Newton Seniors.
THE BOARD OF SELECTMEN DOES/DOES NOT RECOMMEND THIS ARTICLE
Selectman Foote read warrant article #21. No comments from the public.
Selectman Foote motioned to recommend this article. Motion carried with a unanimous vote.
22. To see if the Town will vote to rescind the 2009 Warrant Article, #35 to vote on the Community Service articles individually; and instead vote to list them in one article in an effort to reduce the printing costs of the warrant and the town ballot. This change will take effect in 2013.
THE BOARD OF SELECTMEN DOES/DOES NOT RECOMMEND THIS ARTICLE
Selectman Foote read warrant article #22. Selectman McCarthy explained that we have 12 community service warrant articles on the ballot and if this article passes each will be listed individually in one article which will cut down the cost for printing and time to vote. Town Administrator Wrigley added that at last year’s deliberative session resident and State Representative Mary Allen suggested that we place the all in one article.
Selectman Foote motioned to recommend this article. Motion carried with a unanimous vote.
23. 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.
THE BOARD OF SELECTMEN DOES/DOES NOT RECOMMEND THIS ARTICLE
Selectman Foote read warrant article #23. No public comments.
Selectman Foote motioned to recommend this article. Motion carried with a unanimous vote.
24. 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.
THE BOARD OF SELECTMEN DOES/DOES NOT RECOMMEND THIS ARTICLE
Selectman McCarthy read warrant article #24. No public comments.
Selectman McCarthy motioned to recommend this article. Motion carried with a unanimous vote.
25. 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.
THE BOARD OF SELECTMEN DOES/DOES NOT RECOMMEND THIS ARTICLE
Chairman Thayer read warrant article #25. No public comments.
Chairman Thayer motioned to recommend this article. Motion carried with a unanimous vote.
26. 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.
THE BOARD OF SELECTMEN DOES/DOES NOT RECOMMEND THIS ARTICLE
Selectman Foote read warrant article #26. No public comments.
Selectman Foote motioned to recommend this article. Motion carried with a unanimous vote.
27. 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.
THE BOARD OF SELECTMEN DOES/DOES NOT RECOMMEND THIS ARTICLE
Selectman McCarthy read warrant article #27. No public comments.
Selectman McCarthy motioned to recommend this article. Motion carried with a unanimous vote.
28. 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.
THE BOARD OF SELECTMEN DOES/DOES NOT RECOMMEND THIS ARTICLE
Chairman Thayer read warrant article #28. No public comments.
Selectman Foote motioned to recommend this article. Motion carried with a unanimous vote.
29. 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.
THE BOARD OF SELECTMEN DOES/DOES NOT RECOMMEND THIS ARTICLE
Selectman Foote read warrant article #29. No public comments.
Selectman Foote motioned to recommend this article. Motion carried with a unanimous vote.
30. 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.
THE BOARD OF SELECTMEN DOES/DOES NOT RECOMMEND THIS ARTICLE
Selectman McCarthy read warrant article #30. No public comments.
Selectman McCarthy motioned to recommend this article. Motion carried with a unanimous vote.
31. 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.
THE BOARD OF SELECTMEN DOES/DOES NOT RECOMMEND THIS ARTICLE
Selectman Foote read warrant article #31. No public comments.
Selectman Foote motioned to recommend this article. Motion carried with a unanimous vote.
32. 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.
THE BOARD OF SELECTMEN DOES/DOES NOT RECOMMEND THIS ARTICLE
Selectman Foote read warrant article #32. No public comments.
Selectman Foote motioned to recommend this article. Motion carried with a unanimous vote.
33. 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.
THE BOARD OF SELECTMEN DOES/DOES NOT RECOMMEND THIS ARTICLE
Selectman McCarthy read warrant article #33. No public comments.
Selectman McCarthy motioned to recommend this article. Motion carried with a unanimous vote.
34. On a petition of 25 or more legal voters of the Town of Newton, to see if the Town will vote to raise and appropriate the sum of $550.00 to Sexual Assault Support Services (SASS), a private non-profit organization. SASS provides a 24-hour toll-free crisis hotline and support groups for Newton residents who are survivors of sexual assault and childhood sexual abuse, as well as education and prevention programs to children, teens and parents. SASS provided services to 8 Newton residents last year.
THE BOARD OF SELECTMEN DOES/DOES NOT RECOMMEND THIS ARTICLE
Chairman Thayer read warrant article #34. No public comments.
Selectman Foote motioned to recommend this article. Motion carried with a unanimous vote.
35. Are you in favor of a petition of 25 or more legal voters in the Town of Newton for an easement over Town Land as follows?
We the undersigned, being registered voters in Newton, New Hampshire, request that the property located at One Deluxe Avenue (Map 11 Lot 15-1, behind the Gale Library), be granted an easement for access and egress with vehicle and for utilities to be determined by the Board of Selectmen. The easement (for now and future heirs and assigns of this lot) would start on the east side of South Main Street and extend 1,000 feet east over the Peanut Trail (old Railroad Bed) and to said property. This lot is a single lot of record (abutting the Peanut Trail on the north side) without a clear access and egress for the property owner as well as for utilities. This action will be without any expense to the Town.
THE BOARD OF SELECTMEN DOES/DOES NOT RECOMMEND THIS ARTICLE
Selectman McCarthy read warrant article #35. Resident Bill Landry asked if the town voted on something similar last year. The Board explained that last year there were two warrant articles; one failed and one passed. The Board explained that this petition would allow for an easement on the Peanut Trail to a non-buildable lot. Resident Sandy Estabrook talked about her concern with the installation of utilities which would include poles and lines and where would we put them. Selectman McCarthy talked about the concerns from Conservation with the installation of poles in the center of the trail and would need dredge and fill permits for it goes over wetlands. McCarthy talked about past litigation and the result that now the town does not have any insurance to cover nuisance claims.
Therefore if this article passes and the owners have a large party at their property and someone calls to complain, we have no insurance to cover us. This is a serious issue for all residents to consider when voting on this article. Selectman McCarthy added that this is a non-buildable lot that this person bought for $1 which needs to also be considered. Sandy Estabrook talked about if vehicles were to use the trail and plow in the winter then it will wreck the trail and end up being a mess. Road Agent Mike Pivero questioned if #20 passes and this article passes, which one supersedes. The Board asked to get a legal interpretation before the deliberative session.
Selectman McCarthy motioned to not recommend this article. Motion carried with a unanimous vote.
36. To see if the Town will vote to change the Office of Town Treasurer from an elected position to an appointed position, per RSA 41:26-e. Such appointment shall be made in accordance with RSA 669:17-d by the Board of Selectmen. (When a town votes to discontinue an elected treasurer office, the person holding the elected office of treasurer at the time of the vote to discontinue it shall continue to hold office until the annual town election first following the discontinuance of the office, at which time the elected office of treasurer shall terminate irrespective of the length of that officer’s term.)
THE BOARD OF SELECTMEN DOES/DOES NOT RECOMMEND THIS ARTICLE
Selectman Foote read warrant article #36. Resident Russ Riccio asked why you would want to change this position from an elected to an appointed position. Selectman McCarthy responded that part of the reason is when the position opens up for an elected position you must be a town resident but an appointed position opens it up to a larger pool of qualified people.
Selectman McCarthy motioned to recommend this article. Motion carried with a unanimous vote.
Selectman Foote read a notice listing the 2012 Town Meeting dates and locations.
Selectman McCarthy read a notice to file for candidacy with dates and positions open for 2012.
BUDGET REVIEW
The Board reviewed the budget spreadsheet broken down by each department. The spreadsheet included the 2011 approved budget, 2012 proposed budget, variance between 2011 and 2012 budgets and the last column is the 2012 Default budget.
The tax impact is an increase of 3.63% over the 2011 budget and all departments worked hard to keep their budgets down. Town Administrator Wrigley added that the town was on a default budget for three years and then last year passed a budget the same amount as the default budget; therefore this 3.63% increase is over a four year period.
Resident Russell Riccio discussed that heard on the news of dead people voting. The Board informed Mr. Riccio that he would need to speak with the Town Clerk and the Supervisor’s of the Checklist for details on the voter checklist.
Chairman Thayer adjourned the public hearing at 8:34pm
Respectfully Submitted,
Mary B. Winglass, Office Manager
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