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November 5, 2012 Board of Selectmen Minutes
NEWTON BOARD OF SELECTMEN
DATE: MONDAY, NOVEMBER 5, 2012
TIME: 4:00PM
LOCATION: NEWTON TOWN HALL, 2 TOWN HALL ROAD

PUBLIC MEETING

  • Call to Order, Roll Call Vote
Chairman McCarthy opened the meeting at 4:12pm.  In attendance were Chairman Trisha J. McCarthy, Selectman Raymond D. Thayer, Selectman Charles R. Melvin, Sr., Town Administrator Nancy J. Wrigley and Office Manager Mary B. Winglass.  The meeting was held in the Selectmen’s Office; minutes were transcribed and typed by Office Manager Winglass.

Chairman McCarthy motioned to go into Nonpublic Session under RSA 91-A:3 II (a) - Police Department; Multiple Employee Evaluations and Transfer Station; (b) - Custodian; (c) - resident complaint.  Second by Selectman Thayer.  Motion passed with a unanimous roll call vote.

Chairman McCarthy motioned to close the Nonpublic Meeting at 6:25pm.  Per a 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 except to announce the following:

  • Emergency Management Director Lawrence Foote an increase from Grade XVI, step 7 to step 9 at $19.10 per hour effective February 19, 2012.
  • Bonnie Burnham, Part Time Transfer Station Attendant an increase from Grade V, step 9, $11.17 per hour to step 10 at $11.45 per hour effective August 16, 2012.
  • Motion passed with Chairman McCarthy abstaining, to approve a merit increase for Floating Attendant Ricky Harris, IIII from Grade V, Step 1 to Step 2, $9.39 per hour effective 10/18/2012.
  • Pledge of Allegiance
  • Introduction of Guests
  • Approval of Minutes (Review prior to meeting)
  • Scheduled Business
  • Fire Department Re: Vehicle Equipment Review
Fire Chief Bill Ingalls spoke on behalf of the Fire Department truck committee with their recommendation for the replacement of Tanker 4.  The committee consists of three members of the department; Deputy Chief John Owens, Engineer Ryan Higgins and Firefighter Andrew Owens.  The committee held many meeting with multiple vendors over the past few months; Greenwood Fire Apparatus-E One, KME-Kovatch and HME-Ahrens-Fox.  

After much debate, the committee unanimously recommends HME as the design/builder for the replacement tanker for the Fire Department.  The committee is looking at a lease/purchase option for about $140,000 over a five year period.  Chief Ingalls added that this tanker truck is part of the capital improvements program which was scheduled to be replaced in 2010.

  • Chief Building Official Re: Transfer Station Office, Newton Baseball, Business Occupancy Permit Regulation
Chief Building Official Ron LeMere was present.

Transfer Station Office

LeMere discussed the oil recycling building for we cannot have a mixed use i.e. storage of oil and use by the employees as an office/break room without a mechanism for ventilation.  It was decided that the best option is to remove the oil tank; LeMere is working on an estimate for the work which may be over the bid price therefore requiring sealed bids.

Newton Baseball

LeMere talked about a request that he received from the President of NBSA to install a sink in the storage/concession building at Greenie Park.  LeMere asked NBSA to put in writing what they plan on offering at the storage/concession building.  NBSA responded that they will offer assorted canned soda, sports drinks, water, packaged candy, packaged chips and packaged ice cream.  NBSA would like to offer additional items in the future in accordance with the town and state laws.

LeMere asked the Board to consider what the town would like to have in this building and to then prepare a contract outlining the approved use and operation.  The State will require certain requirements in the facility based upon the use; therefore the Board of Selectmen need to determine the use before moving forward.

A discussion took place on preparing the criteria and a contract between Newton Baseball and the Town on the use of the building.  Boundaries and perimeters must be set to protect the newly installed septic system to avoid any future problems.  

Town Administrator Wrigley will check with the Local Government Center to find out if they know of any other NH town’s that have a similar policy in place for the use of their buildings and any contracts with organizations that use the town facilities.  LeMere will respond to Newton Baseball’s request to inform them of how the town plans on proceeding.

  • Review of Departments proposed 2013 Budgets and Warrant Articles
Building Department

Chief Building Official Ron LeMere was present to discuss his proposed 2013 proposed budget.  LeMere proposed to keep the budget at level funding for next year; no increases or decreases.  The department is operated by fees only; what is taken in permit fees covers the expenses for the department with 10% of the fees going to the town.

Selectman Melvin proposed a cut to this budget of $22,500.  LeMere added that as of October 24th the year to date expenses for the department are approximately $47,000 and with the building activity at Sargent Woods the department has been very busy.

Chairman McCarthy motioned to accept the proposed 2013 budget for the Building Department as requested in the amount of $95,952.00.  Second by Selectman Thayer.  Motion passed with Selectman Melvin voting no for he wants to reduce the budget.  

Code Enforcement

Chief Building Official Ron LeMere presented a level funded 2013 budget for Code Enforcement.  After a discussion the budget was reduced from $15,000 to $13,500 which reduced Professional Services from $2,500 to $1,000.

Selectman Thayer motioned to accept the 2013 Code Enforcement budget for a total of $13,500.  Second by Chairman McCarthy.  Motion passed with Selectman Melvin voted no for he wanted to reduce the budget further.

Cable Committee

Present were Cable Chairman Diane Morin and members Sally Woodman and Mary Winglass.  The cable committee presented a 2013 proposed budget with an increase of $1,000 to help fund the salary line item in order to be able to tape town meetings.  The proposed budget still will not allow for taping of all meetings but is a compromise between keeping the budget down and continuing to provide service to the community.

Selectman Thayer motioned to accept the 2013 budget as proposed by the Cable Committee in the amount of $6,500.  Second by Selectman Melvin.  Motion passed with a unanimous vote.
The Cable Committee informed the Selectmen of three warrant articles proposed by the cable committee to use the Franchise Fee Revenue from Comcast that the town receives to continue to provide cable services to the town.  In 2011 the town received approximately $65,000 in franchise fees and the projected amount for 2012 is in the same ballpark.  The cable committee is unable to use the funds unless approved by the voters.  When the Selectmen signed a 10 year contract with Comcast last year a schedule was included in the contract in order for the cable committee to receive a percentage of the franchise fees for running the department.  

The first warrant article is to create a revolving fund to provide cable access for public, educational or governmental use and to deposit a percentage of the franchise fees as outlined in the new 10 year Comcast contract.  This warrant articles allows for a percentage of the fees to be deposited into the account each year for the period of the contract.  

The second article is to dissolve the existing Cable Expendable Trust Fund for this type of fund does not allow the transfer of funds each year and to also transfer the remaining funds in the expendable trust fund of approximately $2,400 into the revolving fund.  

The third article is if the first article (creating a revolving fund) fails then to see if the town will put some of the franchise fees into the existing cable expendable trust fund for the continuation of providing cable equipment and the implementation of services.

The Board approved the three articles as proposed by the cable committee.

Winglass asked the Board if they would approve the sale of old cable equipment owned by the town.  The cable committee offered the old equipment to the school with no response therefore we would like to put it out on craigslist to see if anyone would like to purchase the items.  The Board asked Town Administrator Wrigley to check on what procedures must be followed (DRA) for the sale of town owned equipment.

General Assistance

The Board reviewed a 2013 proposed budget for General Assistance of $25,051 recommended by Welfare Agent Tina O’Rourke.  The proposed budget is reduced by $423 under to the 2012 budget.  
Selectman Melvin motioned to accept the 2013 General Assistance budget of $25,051.  Second by Chairman McCarthy.  Motion passed with a unanimous vote.

Health Officer

The Board reviewed the 2013 proposed budget from Health Officer Bob Leverone.  The proposed budget is level funded for a total of $12,200.  

Chairman McCarthy motioned to accept the proposed Health Officer budget of $12,200 for 2013.  Second by Selectman Thayer.  McCarthy explained that this is an in/out budget with no taxes raised for revenues; fees collected cover the cost of the department.  Motion passed with Selectman Melvin voting no for he wanted to reduce the budget.

  • Review timeline on Peanut Trail/Robert White
The Board did not address this item due to time constraints.

  • Resident Russell Riccio Re: Registrations
Mr. Riccio came to the Town Hall but due to a time constraint he decided to come to the next meeting to address this issue.

  • Per RSA 31:95-b to accept and expend unanticipated funds in the amount of $28.10 from Newton Learning Center (Planet Aid) to the Newton Food Pantry
Selectman Thayer motioned per RSA 31:95-b to accept and expend unanticipated funds in the amount of $28.10 from Newton Learning Center (Planet Aid) to the Newton Food Pantry.  Second by Selectman Melvin.  Motion passed with a unanimous vote.

  • Open bids for Environmental Quality Assessment at 74 Smith Corner Road
The Board opened two bids received for an environmental quality assessment of 74 Smith Corner from the following companies; Cushing, Jammallo & Wheeler, Inc. of Danvers, MA and Subsurface Remediation Technologies, Inc. of Rowley, MA.  

The Board also reviewed information from Rockingham Planning Commission regarding grant awards from EPA for a Brownfields Assessment Program.  The property owner must complete and sign a site enrollment form to the RPC.

The Board asked Winglass and Road Agent Mike Pivero to review the bids.


  • Cont review of 2 Amesbury Road
Office Manager Winglass worked with the Board to set a date for interviewing Auctioneers for the sale of 2 Amesbury Road.  The Board asked to be able to review the proposals prior to the interviews scheduled for November 27, 2012.





  • Letter of resignation from Deputy Fire Chief Dale Putnam
Chairman McCarthy motioned to accept with deep regret the resignation from Deputy Fire Chief Dale Putnam, we will miss him.  Second by Selectman Thayer.  Motion passed with a unanimous vote.

  • Request from resident Mary Allen Re: Resident Sticker
Chairman McCarthy explained that State Representative and resident Mary Allen cannot adhere her resident sticker to the windshield for she already has the required State stickers attached to the vehicle in the same area.   

Selectman Melvin motioned to allow Mary Allen to put her resident sticker on a piece of Plexiglas or something see through for use at the Transfer Station with her plate number on the sticker.  Second by Chairman McCarthy.  Motion passed with a unanimous vote.

  • 2013 Medical Renewal Rates
The Board reviewed the medical insurance renewal rates for 2013 which had a 10% increase over the 2012 rates.  Last year the town downsized the medical plan due to an increase in rates; employees contribute 25% of the medical plan.

Selectman Melvin motioned to renew the health insurance plan currently in place through the Local Government Center.  Second by Selectman Thayer.  Motion passed with a unanimous vote.

  • Announcements
  • Other Business, Sign Manifests, Requisitions, Abatements, Tax Credits, Correspondence and Appointments
Chairman McCarthy motioned to appoint Diane Morin as the Deputy Treasurer effective October 30, 2012 to expire on April 30, 2013.  Second by Selectman Melvin.  Motion passed with a unanimous vote.

The Board reviewed a requisition for the purchase of coats for the Transfer Station employees for a total of $1,659.  Due to the fact that the jackets had already been purchased without the approval from the Selectmen, the Board would not sign the requisition.  Any purchases over $1,500 must have the Selectmen’s approval via a signed requisition.  Chairman McCarthy added that the jackets are nice but they do not say the Town of Newton on them.  Selectman Melvin added that he will not sign any requisition after the purchase.  Office Manager Winglass addressed the fact that the purchase has been made, the employees are wearing the jackets therefore the town is responsible for paying this invoice.  The Board stated that they would not sign the requisition but will approve payment for now in order to not incur additional cost with finance fees.
The Board reviewed a requisition from Recreation Commission Chairman Sue DiMercurio to pay $500 to offset the cost of the Fall Fair held by the Sanborn PTO.  The Board would not sign the requisition; Chairman McCarthy will contact DiMercurio to explain that the town cannot pay the bill for it is a cost born by Sanborn not the town.

Chairman McCarthy motioned to approve signing a Land Use Change Tax in the amount of $16,800 for six lots at Sargent Woods.  Second by Selectman Thayer.  Motion passed with a unanimous vote.

The Board approved abatements recommended by Town Assessor Andrea Lewy for five properties owned by People’s Bank for Tax year 2010 and 2011 at Jacobs Village.

Vendor Manifest - the Board signed the Vendor Manifest in the amount of $1,237,782.85 which includes a school payment over 1 million dollars.

  • Adjourn
Chairman McCarthy recessed the meeting at 9:24pm.  The meeting will reconvene on Tuesday, November 15, 2012 at approximately 1pm.  The Board will hold a telephone conference call with the State of NH Department of Revenue Administration to set the 2012 Tax Rate

Chairman McCarthy reconvened the meeting on Tuesday, November 15, 2012 at 1:04pm in the Selectmen’s Office.  In attendance were Chairman Trisha McCarthy, Selectman Raymond D. Thayer, Selectman Charles R. Melvin, Sr., Town Administrator Nancy J. Wrigley, Office Manager Mary B. Winglass and on speakerphone Jeannie Samms from the Department of Revenue Administration.

Selectman Melvin motioned to leave only $500,000 in the fund balance and to use $281,623 to reduce the tax rate.  This will reduce the rate to $23.91 from $24.12.  Second by Selectman Thayer.  Motion passed with Chairman McCarthy abstaining.

A discussion took place that by using all but $500,000 of the fund balance does not follow the Town’s Fund Balance Policy and it is not recommended by the State of NH Department of Revenue Administration.

Chairman McCarthy closed the meeting at 1:26pm.

                                                Respectfully Submitted,


                                                Mary B. Winglass, Office Manager