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January 14, 2013 and January 15, 2013 Board of Selectmen Public Hearing Minutes
TOWN OF NEWTON, NEW HAMPSHIRE
PUBLIC HEARING ON 2013 TOWN BUDGET
AND WARRANT ARTICLES
MONDAY, JANUARY 14, 2013 @ 7PM
NEWTON TOWN HALL

In accordance with RSA 32:5, notice is hereby given to all residents of Newton, New Hampshire, that a Public Hearing for the purpose of gathering public input on the proposed 2013 Town Budget and Warrant Articles will be held on Monday, January 14, 2013 at the Newton Town Hall starting at 7pm.  Snow date is Tuesday, January 15, 2013 at 7pm.  The public is encouraged to attend.

Chairman McCarthy opened the public hearing at 7:04pm.  In attendance were Chairman Trisha J. McCarthy, Ch., Selectman Raymond D. Thayer, Town Administrator Nancy J. Wrigley and Office Manager Mary B. Winglass.  Chairman McCarthy added that Selectman Charles Melvin is unable to be here tonight for he had an urgent business that he had to attend to this evening and asked to extend his apology.

Chairman McCarthy read the Public Hearing notice (see above).  Handouts of the 2013 proposed budget, warrant articles plus additional informational documentation is available on the town’s website and printed copies are available at the Town Hall Selectmen’s Office and they are available tonight on the table.

Chairman McCarthy added that per State Statute the Board is allowed to recess the Public Hearing tonight.  Selectman Melvin asked to recess the meeting until tomorrow night in order to allow him to recommend or not recommend each warrant article.  Therefore tonight we will read each article and have discussion but will wait until tomorrow night at 7pm to vote on each article.

Chairman McCarthy and Selectman Thayer took turns reading each warrant article as follows;

Article #5 - Operating Budget

5.  “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 $2,903,310.00?  Should this article be defeated, the default budget shall be $2,936,389.00, 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.”  If warrant article 18 passes, the operating budget will be reduced by $23,400.00.

Chairman McCarthy explained that this means that our 2013 proposed budget is lower than the 2012 & 2013 Default Budget due to our hard working and fiscally responsible department heads.

Article #6 - Tax Liens

6.  To see if the Town will vote, pursuant to RSA 80:80 to authorize the Board of Selectmen to transfer tax liens within the two (2) year redemption period, and further authorize the Board of Selectmen to transfer title to any real estate taken by Tax Collector Deed; and in addition to statutory methods of sale, the Selectmen are authorized to dispose of a lien or town-owned tax deed property as justice may require indefinitely until rescinded.

Chairman McCarthy explained that this article will allow the Selectmen to dispose of a lien or town-owned tax deed property without going to town meeting for approval.

#7 - Revolving Fund - Cable

7.  To see if the Town will vote to establish a Revolving Fund pursuant to RSA 31:95-h, for the purpose of providing Cable Access for public, educational or governmental use.  The amount of revenues received, as stated in the cable contract for cable access, including Franchise Fees will be deposited into the fund, and the money in the fund shall be allowed to accumulate from year to year, and shall not be considered part of the town’s unassigned fund balance.  Further to raise and appropriate $2,429.00 from the unassigned fund balance created from the discontinued Expendable Trust Fund in warrant article 8.  The Town Treasurer shall have custody of all moneys in the fund and shall pay out the same only upon order of the governing body and no further approval is required by the legislative body to expend.  Such funds may be expended only for the purpose for which the fund was created.  If warrant article 8 fails, no funds will be raised and appropriated into this fund from the Unassigned Fund Balance.  If this warrant article passes, warrant article 9 is null and void.  (Majority vote required for passage)

Chairman McCarthy explained that the Governing Body is the Board of Selectmen.  The Legislative Body is the town residents vote at the Annual Town Meeting.

Cable Chairman Diane Morin explained that this warrant article will allow the Cable Committee to have access to the franchise fee paid to the town from Comcast.  This fee is in place per the town’s 10 year contract with Comcast to be used for Public, Educational and Governmental Access Channel (PEG) operations.    Currently this revenue goes into the unassigned fund balance in the General Fund and the Cable Committee has no access to the funds.  The town receives 5% of the Franchisee’s (Comcast) Gross Annual Income from Newton subscribers.  Per the 10 year contract, the Cable Committee will receive 3% and the remaining 2% will continue to go into the unassigned fund balance for the first five years.  The second five years of the contract will be a 50/50 split to the cable committee and to the town.  The $2,429.00 is from the unassigned fund balance created from the discontinued Expendable Trust Fund in warrant article 8.

The Cable Committee is in need of updating equipment that can be very costly and with an annual budget of $5,500 does not allow the committee to move forward.  This is the most important article to pass for the Cable Committee and it has no tax impact.

#8 - Cable Equipment Expendable Trust Fund

8.  To see if the Town will vote to discontinue the Newton Cable Equipment Expendable Trust Fund created in 2001.  Said funds, with accumulated interest to date of withdrawal, are to be transferred to the municipality’s general fund.  (As of 12/31/12, account has $2,428.77)  (Majority vote required for passage)  If warrant article 7 fails, this article is null and void.

Cable Chairman Diane Morin explained that the town currently has an expendable trust fund for cable but due to the State Statutes we cannot transfer the franchise fees into this account without asking for approval at Town Meeting each year.  Therefore we are asking in warrant article #7 to allow the Cable Committee to set up a Revolving Fund to automatically transfer a portion of the franchise fees the town receives each year.  Warrant article #8 will discontinue the expendable trust fund and to place the balance in the account into the Revolving Fund.  The best option for the town is to vote yes on #7 and #8.

#9 - Expendable Trust Fund

9.  To see if the Town will vote to raise and appropriate $31,787.00 to be deposited into the Newton Cable Equipment Expendable Trust Fund created in 2001, with such sum to come from the Unassigned Fund Balance from cable revenues received in 2012.  If warrant article 7 passes, this article is null and void.  (Majority vote required for passage)

Cable Chairman Diane Morin explained that if warrant article #7 fails then this article will allow funds received from the Comcast Franchise Fee to be placed into the existing expendable trust fund.  

When reviewing the three articles for cable, #7 will allow the committee to continue to provide local programming with the potential of expanded services in the future.  There is no tax impact for this is coming from revenue paid by Comcast to the town for the purpose.  Please vote for Warrant Article #7 and #8.

#10 - Five (5) Member Board of Selectmen

10.  On a petition of 25 or more legal voters of the Town of Newton “Are you in favor of increasing the Board of Selectmen to 5 members”? (RSA 41:8-b)

Selectman Thayer explained that this warrant article passed last year but we found out too late that it had to be a petition warrant article, not an article by the Board of Selectmen.

#11 - NH Highway Block Grant

11.  To see if the Town will vote to raise and appropriate $90,842.00 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, 2018, whichever is sooner.

Road Agent Mike Pivero stated that this is funds received from the State of NH and is one of the most important tools for the town to complete road repair.  The past four years this article has passed and there is no tax impact to the residents.  This grant funding is a reallocation back to the towns for roads and by putting these funds aside does not require the Highway Department budget to be elevated each year.  This is an important warrant article to keep the budget down and yet still have the funding for the roads.

#12 - Highway Foreman

12.  To see if the Town will vote to change the position of the Highway Foreman from a permanent part-time position to a full-time position effective April 1, 2013 and further to raise and appropriate $8,100.00 for the additional costs in salary and benefits.  If approved, this appropriation will be included in the operating budget in coming years.

Road Agent Mike Pivero explained that this is the same warrant article as last year which unfortunately did not pass; after Town Meeting last year Pivero heard confusion from some residents for they felt that this was for the Road Agent position; to benefit Pivero by making him full time, which is wrong.  This warrant article is for Ron Jackson, part time Foreman for the Highway Department who works day and night with no complaints and is a deserving and good employee.  He is a constant, reliable and valuable employee to the Town of Newton Highway Department and other departments in town.

#13 - $60,000 paid to offset the 2013 Solid Waste Disposal Budget

13.  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 2013 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. (As of 12/31/12, account has $307,627.33 )  

Chairman McCarthy explained that this $60,000 will come out of the Transfer Station/Recycling Special Revenue Fund that holds the recycling revenue received from all four towns using the bulky fee program at the Transfer Station.  There is no tax impact.

#14 - Hazardous Waste Day

14.  To see if the Town will vote, as proposed by the Board of Selectmen, to raise and appropriate the sum of $35,000.00 to hold a HAZARDOUS WASTE DAY for Newton Residents only and to authorize the withdrawal of $35,000.00 from the Transfer Station / Recycling Special Revenue Fund created in 2003 for this purpose. (Per Selectmen’s Bid Policy)

If this article passes, the Selectmen’s Bid policy will be used to contract for this service and again this results in no tax impact.

#15 - Security Fence at the Transfer Station

15.  To see if the Town will vote, as proposed by the Board of Selectmen, to raise and appropriate the sum of $52,500.00 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 $52,500.00 from the Transfer Station/Recycling Special Revenue Fund created in 2003 for this purpose. (Per Selectmen’s Bid Policy)

Chairman McCarthy discussed that this article has been repeated over the last few years to secure the facility.  State of NH Department of Environmental Services says that we are required to secure this facility.  Resident William Landry added that he heard from residents that they felt the fund could be better used on something else.  Chairman McCarthy explained that this fund is defined and can only be used for the Transfer Station.  Resident Diane Morin inquired about adding language to the warrant article stating that this is a requirement per the State.  The State only allows certain wording in warrant articles and this is actually a recommendation but the town would like to comply for the protection of the town; it only takes one lawsuit.  This article has no tax impact and can protect the town from a potential lawsuit in the future.

#16 - Community Services

16. To see if the Town will vote to raise and appropriate the sum of $29,920.00 for the following Community Services:
                                                                                                                                                                                                        
                                                

A SAFE  PLACE
$2,000
AREA HOMECARE & FAMILY SERVICES
CHILD ADVOCACY CENTER
$3,800
$2,000
DRUGS ARE DANGEROUS
$2,000
FAMILY MEDIATION
$5,947
LAMPREY HEALTH CARE
$1,800
NHSPCA
$   750
ROCKINGHAM COUNTY COMMUNITY ACTION
$5,000
ROCKINGHAM NUTRITION MEALS ON WHEELS
$1,373
SEACARE HEALTH SERVICES
$2,000
SEXUAL ASSAULT SUPPORT SERVICES (SASS)
$   550
VIC GEARY CENTER
$2,700
TOTAL
$29,920

#17 - Recreational Programs and Trips for Senior Citizens

17.  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 Senior Citizens.

#18 - Dump Truck

18.  To see if the Town will vote to authorize the Board of Selectmen to enter into a three (3) year lease / purchase agreement for $70,000.00 for the purpose of leasing a new, 4 x 4, 1 Ton, Dump Truck with a sander and plow for the Highway Department, and to raise and appropriate the sum of $23,400.00 for the first year’s payment.  This lease agreement contains an escape clause.  (Majority vote required for passage)  If this article passes, the operating budget will be reduced by $23,400.00.

Chairman McCarthy explained that this lease/purchase agreement is similar to the cruiser lease and the Fire Command Vehicle.  Road Agent Pivero added that he is not 100% sure how this is going to work.  Pivero stated that he added three new line items in the 2013 highway budget, equipment fuel, equipment maintenance and equipment supplies for the operational expense for a vehicle.  Pivero stated that from the beginning he has been an advocate of the town owning their own vehicle and this is certainly an option.  The lease/purchase will come out of the rental line item in the highway budget.  Pivero added that some operational expenses is not in his budget like insurance, registration and maintenance for this warrant article came about fairly recently and we have not talked about it.
Pivero added that if this warrant article does not pass then there is always the DRM Vehicle to be used as a backup plan.  If this article passes, then the next two years the lease/purchase payments will be put in the operational budget as a contractual agreement.  Town Administrator Wrigley explained that the reason why the operating budget will be reduced by $23,400 is because this amount is in the Highway Department budget as well as in the warrant article.  If this warrant articles passes then the Highway budget will be reduced by $23,400.  If this warrant article fails then we have the money in the Highway budget to keep the department operational.  

McCullough asked if the Road Agent would prepare the additional costs to operate this vehicle.  Pivero responded that he is in favor of a town vehicle, whether now is the right time he is not sure.  Recently the town acquired a free vehicle through the DRM program and we have that option in the spring.  It is a used vehicle therefore it needs some work but as with any used vehicle it is hard to say if it is reliable.  Pivero added that he needs to stay like Switzerland for there are people that will think his response is due to the fact that he rents the highway vehicle to the town which is not the intent at all.

Chairman McCarthy asked if the 1 Ton Dump Truck will be the vehicle of choice for everyday use by the Highway crew; will we still need to periodically rent other types of vehicles throughout the year.  Pivero responded that he cannot completely answer the questions but we will not use the sander or plow all year but that is the same if you rent the vehicle.  Pivero added that to do any highway work you need a dump truck.  Pivero added that to run a highway department efficiently right now they have everything they need to do the job with the equipment stored at the town yard.  This has been the most efficient way to handle the department for the equipment is stored at their disposal anytime.  Equipment such as hand tools, shovels, rakes, chainsaws etc. which is all included in the rental price of the truck.  Purchasing the truck is only part of the system that has to be created; you need a plan in place to oversee the equipment repairs.   Right now if the sander breaks in the middle of the night then Pivero fixes it, who will take care of a town owned vehicle.

#19 - Position of Director of the Gale Library

19.  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, 2013 and further to raise and appropriate $9,146.00 for the additional costs in salary and benefits.  If approved, the appropriation will be included in the operating budget in coming years.

Gale Library Trustee Kathy Meserve stated that the Trustees submitted a warrant article last year and feel it is important to ask again this year.  Meserve added that the Director works 39 hours per week and the library is busier today than ever.  Our Director has created new programs with many options available, we are compared to what larger communities offer for services.  The Director manages a staff of six employees, has expanded the libraries technology and feels she deserves a fair wage and the Trustees ask the voters to reconsider this year.

#20 - Fire Sprinkler Capital Reserve Fund

20.  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 $35,000.00 to be placed in the existing Fire Sprinkler Capital Reserve Fund created in 1997 for the Town Hall Building Sprinkler System.

Chairman McCarthy explained that the Board decided to ask for the funding for this project in stages to help complete this project.  Fire Chief Bill Ingalls stated that he is in favor for we have been dealing with this plan since 1997; this Town Hall can only legally hold 49 people in the Main Hall but with the sprinkler system it would hold about 150 people.  Part of the problem is the price keeps increasing and the Town Hall staff will not be moving to 8 Merrimac Road anytime soon.  We need a committee to come up with a plan for the substantial renovations at Merrimac Road.  No matter what we need a fire sprinkler system in this building to preserve this old historic building and the important documents that are stored at the Town Hall.  

#21 - Elderly Exemptions

21.  To see if the Town will vote to modify the Elderly Exemptions from property tax in the Town of Newton, based on assessed value, for qualified taxpayers, to be as follows:  for a person 65 years of age up to 74 years of age $65,000; for a person 75 years of age up to 79 years of age $85,000; for a person 80 years of age or older $110,000.  To qualify, the applicant must have resided in this state for at least 3 consecutive years, own the real estate individually or jointly, or if the real estate is owned by such person’s spouse, they must have been married for at least 5 years.  In addition, the taxpayer must have a net income of not more than $25,000 or, if married, a combined net income of less than $35,000; and own net assets not in excess of $65,000 excluding the value of the person’s residence.                          

Town Administrator Wrigley stated that currently we have thirteen (13) elderly residents who receive the exemption.  Our elderly residents need help and with this change will bring us up to what other surrounding towns offer their elderly residents.

#22 - Fire Department Tank Truck

22.  To see if the town will vote to authorize the Selectmen to enter into a long  term lease/purchase agreement to purchase a Tank Truck for the Fire Department at a cost of $330,000.00 and further to raise and appropriate $246,000.00 and authorize the withdrawal of $246,000.00 from the Fire Apparatus & Equipment Capital Reserve Fund for a down payment to lower the agreement amount to $84,000.00 payable over a term of 5 years at a rate of $16,800.00 annually and further to raise and appropriate $16,800.00 for the first year’s payment.  This agreement does not contain an escape clause. (3/5 majority vote required for passage)

Chief Ingalls explained that this purchase replaces a 30 year old vehicle and is part of the Capital Improvements Plan.  A department vehicle would be taken out of service with this purchase, sold at auction with the funds going into the general fund.  

#23 - Fire Department repair and maintenance

23.  To see if the town will vote to raise and appropriate the sum of $4,500.00 for the purpose of maintenance, repair or installation of the town-owned fire wells, dry hydrants and cisterns.

Fire Chief Ingalls talked about how we are not sure about this warrant article.  We need funding for the town-owned fire wells, dry hydrants and cisterns but if this warrant articles does not pass then this would be a safety issue for according to the state, no means no repairs, no funding for the purpose.

#24 - Expendable Trust Fund for an Emergency Operating Center

24.   To see if the Town will vote to establish an Expendable Trust Fund pursuant to RSA 31:19a, for the purpose of the Emergency Operating Center.~ The funds will be used for emergency operations, including but not limited to equipment, office supplies, and payroll for emergency services as a result of unusual or weather related events and further to name the Board of Selectmen as agents to expend from this fund.~ (Majority vote required for passage)

Emergency Management Director talked about how this fund will help town budgets that are affected by storm cleanup or event.  As it stands now budgets are affected by a storm or event and if reimbursed by FEMA the funs go back in to the General Fund.  

#25 - Sale of 2 Amesbury Road

25.  To see if the Town will vote to authorize the Board of Selectmen to apply the proceeds from the sale of 2 Amesbury Road, as an offset, to the 10-year, 0% interest mortgage and promissory note for 8 Merrimac Road voted in 2012?

Chairman McCarthy explained that this article defines what was agreed to at last year’s Deliberative Session regarding the proceeds from the sale of 2 Amesbury Road.

Per the request of Selectman Melvin, Chairman McCarthy motioned to recess the public hearing at 8:22pm until tomorrow at 7pm when the Selectmen will decide to recommend or not recommend each warrant article.  Second by Selectman Thayer.  Cable Chairman Diane Morin asked if the department heads need to be here tomorrow night.  McCarthy responded that the plan is to vote to recommend or not recommend but she cannot say for sure for someone might come in with a question.  If any residents have any questions the Board of Selectmen will try to answer them and ask them to come to the Deliberative Session.  Motion passed.

Continued to January 15, 2013

Chairman McCarthy motioned to reconvene the Public Hearing on Tuesday, January 15, 2013 at approximately 7:04pm.  Second by Selectman Thayer.  Motion passed with a unanimous vote. 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 videotaped; minutes were transcribed and typed by Office Manager Winglass.

Selectman Melvin apologized for not being here last night but he had a previous engagement.  

Chairman McCarthy explained that last night the Board read each article and had some discussion from Department Heads and the public.  Tonight the Board plans on voting to recommend or not recommend each article.  The Board read each article and voted as follows;

#5 - Operating Budget

Chairman McCarthy motioned to recommend this article.  Second by Selectman Melvin.  Motion passed with a unanimous vote.

#6 - Tax Liens

Chairman McCarthy motioned to recommend this article.  Second by Selectman Thayer.  Motion passed with a unanimous vote.

#7 - Revolving Fund - Cable

Selectman Melvin motioned to recommend this article.  Second by Chairman McCarthy.  Motion passed with a unanimous vote.

#8 - Cable Equipment Expendable Trust Fund

Selectman Thayer motioned to recommend this article.  Second by Selectman Melvin.  Motion passed with a unanimous vote.

#9 - Cable Equipment Expendable Trust Fund

Chairman McCarthy motioned to recommend this article.  Second by Selectman Melvin.  Motion passed with a unanimous vote.

#10 - Five (5) Member Board of Selectmen

Selectman Thayer motioned to recommend this article.  Second by Chairman McCarthy.  Motion passed 2-1 with Selectman Melvin opposed.

Selectman Melvin stated that he did some research and is not in favor of this article.

#11 - NH Highway Block Grant

Selectman Melvin motioned to recommend this article.  Second by Selectman Thayer. Motion passed with a unanimous vote.

#12 - Highway Foreman

Selectman Thayer motioned to recommend this article.  Second by Chairman McCarthy.  Motion passed 2-1 with Selectman Melvin opposed.

#13 - Offset to the Solid Waste Budget

Chairman McCarthy motioned to recommend this article.  Second by Selectman Melvin.  Motion passed with a unanimous vote.

#14 - Hazardous Waste Day

Selectman Melvin motioned to recommend this article.  Second by Chairman McCarthy. Motion passed with a unanimous vote.  

#15 - Security fence at the Transfer Station

Chairman McCarthy motioned to recommend this article.  Second by Selectman Melvin.  Motion passed with a unanimous vote.

#16 - Community Services

Selectman Thayer motioned to recommend this article.  Second by Selectman Melvin.  Motion passed with a unanimous vote.

#17 - Recreational Programs and Trips for Senior Citizens

Chairman McCarthy motioned to recommend this article.  Second by Selectman Melvin.  Motion passed with a unanimous vote.

#18 - Dump Truck

Selectman Melvin motioned to recommend this article.  Second by Chairman McCarthy.  Selectman Melvin added that the cost to the town renting a truck from the road agent for 30 hours per week totals $46,800 a year.  We have enough money to purchase this truck and the truck should last a minimum of five years.    Selectman Thayer responded that we do not rent a dump truck for a full year, only as needed and he does not agree with the figures.  Selectman Melvin responded that we are renting a F350 4 days each week for $900 x 52 weeks per year.  Motion passed with a unanimous vote.

#19 - Director of the Gale Library

Chairman McCarthy motioned to recommend this article.  Second by Selectman Thayer.  Motion passed with a unanimous vote.

#20 - Fire Sprinkler Capital Reserve Fund

Selectman Thayer motioned to recommend this article.  Second by Selectman Melvin.  Motion passed with a unanimous vote.  Selectman Melvin stated that the Board is looking to fund the final phase for the sprinkler system over a three year period.

#21 - Elderly Exemption

Selectman Melvin motioned to recommend this article.  Second by Selectman Thayer.  Motion passed with a unanimous vote.

#22 - Fire Department Tank Truck

Chairman McCarthy motioned to recommend this article.  Second by Selectman Thayer.    Selectman Melvin added that he does not feel we need this truck at this time and would like to see a change to the purpose of the capital reserve fund.  Motion passed 2-1 with Selectman Melvin opposed.

#23 - Fire Department Repair and Maintenance

Selectman Thayer motioned to recommend this article.  Second by Selectman Melvin.  Motion passed with a unanimous vote.

#24 - Emergency Operating Center Expendable Trust Fund

Chairman McCarthy motioned to recommend this article.  Second by Selectman Melvin.  Motion passed with a unanimous vote.

#25 - Proceeds from the sale of 2 Amesbury Road

Selectman Melvin motioned to recommend this article.  Second by Selectman Thayer.  Motion passed with a unanimous vote.



The Board added that these warrant articles are not included in the 2013 proposed budget.  Read them carefully before voting.  Deliberative Session is on Saturday, February 2, 2013 at 1pm at the Town Hall.  Everyone is encouraged to attend.

Chairman McCarthy adjourned the Public Hearing at 7:50pm.

                                                Respectfully Submitted,

                                                Mary B. Winglass, Office Manager