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May 1, 2012 Board of Selectmen Minutes
NEWTON BOARD OF SELECTMEN
DATE: TUESDAY, MAY 1, 2012
TIME: 4:30PM
LOCATION: NEWTON TOWN HALL, 2 TOWN HALL ROAD

PUBLIC MEETING

  • Call to Order, Roll Call Vote
Selectman Thayer called the meeting to order at 4:34pm.  In attendance were Selectman Raymond D. Thayer, Selectman Charles R. Melvin, Sr., Town Administrator Nancy J. Wrigley and Office Manager Mary B. Winglass.  

Chairman Trisha McCarthy was running late and arrived at approximately 5:10pm.

Nonpublic Meeting per RSA 91-A:3 II (c) - Property Taxes; (a) - Transfer Station and Police Department

Selectman Thayer motioned to go into Nonpublic Meeting per RSA 91-A:3 II (c) - Property Taxes; (a) - Transfer Station and Police Department.  Second by Melvin.  Motion passed with a unanimous roll call vote.

Chairman McCarthy motioned to recess the nonpublic meeting at 6:06pm.  Second by Thayer.  Motion passed with a unanimous vote to keep the minutes of the meeting confidential except to announce that three tax agreements have been approved and mailed out to homeowners.

The public meeting was called back to order at 6:13pm.  

  • Pledge of Allegiance
  • Introduction of Guests
  • Approval of Minutes (Review prior to meeting)
  • Selectmen’s Public Meeting minutes dated April 10, 2012 and April 17, 2012
Selectman Melvin motioned to approve the Selectmen’s Public meeting minutes dated April 10, 2012 and April 17, 2012 as written.  Second by Thayer.  Motion passed with a unanimous vote.


  • Selectmen’s Nonpublic Meeting minutes dated April 17, 2012
Selectman Melvin moved to approve the Selectmen’s Nonpublic Meeting minutes dated April 17, 2012 as written.  Second by Thayer.  Motion passed with a unanimous vote.

  • Scheduled Business
  • Financing of the 2012 Chevy Tahoe Command Vehicle
Fire Chief Bill Ingalls talked about the need for a command vehicle to include a Captain Command Center at the rear used during fires to keep track of all firefighters and to carry various pieces of equipment to have on hand for all emergencies.  Ingalls added that most all surrounding towns have a command vehicle and is a recommended practice for personnel accountability and risk management.

The vehicle has been ordered and we have been looking at a government lease option versus purchasing it outright to be paid out of the equipment line item in the Fire Department budget.

Chairman McCarthy added that the Board approved the lease on January 10, 2012 from Ford Credit Municipal Finance and we need a new motion to approve the lease from Tax Exempt Leasing Corp due to a decrease in the interest rate.  The interest rate is 3.49% from Tax Exempt Leasing Corp versus the interest rate of 6.70% rate from Ford Credit Municipal Finance.  McCarthy asked if there were any further questions from the Board and/or the public.  There were no questions regarding the new lease option.

Chairman McCarthy motioned to move forward with the new leasing agreement for the 2012 Chevy Tahoe Command Vehicle with a 10 semi-annual payment plan over a term of 5 years at a 3.49% interest rate with Tax Exempt Leasing Corp.  Second by Thayer.  Motion carried with Melvin voting no.  

  • Tanglewood Drive Fire Pond
The Board reviewed information from Fire Chief Bill Ingalls regarding a pond roughly 40-45 feet in diameter adjacent to #30 Tanglewood Drive.  The site is somewhat overgrown and looked to be intentionally dug as a fire pond.  The plan for the proposed subdivision shows a proposed turn around yet it seems clear that the pond was constructed to provide fire protection. It has been determined that the Fire Pond belongs to the Town of Newton and Chief Ingalls added that it is now not more than a mud puddle.  Town Administrator Wrigley added that she checked the deed and it does not say anything about a fire pond but the Planning Board minutes vaguely referenced a fire pond.  A report completed by RC&D (Resource Conservation and Development) determined that the pond could be dredged back to its original footprint and improved with a dry hydrant installation.  

Chief Ingalls added that we should add a line item in the budget for cleaning out fire ponds and it is up to the Board as to how to proceed.  McCarthy responded that the bottom line is that we need to find the funds in the budget which can be difficult for we are working on a default budget; life and safety is always an issue but how we handle it is difficult sometimes.  A dry hydrant cost approximately $1,000; Melvin asked Ingalls if he can get an estimate.  Ingalls added that the dry hydrant would have to be roadside and he would like RC&D to come up with a design which would cost around $250.  The Board determined that it makes sense to get an estimate to include in the budget for next year.  Wrigley added that we may want to put it on as a warrant article and include a few hydrants onto one article.  Melvin asked if it is required to have a chain link fence around the fire ponds.  Ingalls responded that he is not sure if it is required or not but is probably a good idea for liability purposes.

Ingalls added that he would like to see RC&D come in to look around at different ponds to develop a mitigation plan for us.  With a plan we may be able to apply for a mitigation grant.  The Board agreed with Ingalls to move forward with a plan in order to put in a warrant article for next year and/or to apply for grant funding.  Melvin asked how we maintain the town’s fire ponds; Ingalls responded that the Fire Department does some of it but he personally is not in favor of fire ponds for they can dry up; he would much rather see a cistern.


  • Hydrant replacement at 30 North Main Street
Deputy Fire Chief John Owens informed the Board that he has been working with two property owners at 30 & 34 North Main Street known as Mardens Pond.  The history is that the Fire Department had a hydrant there at one time and it broke and never repaired.  Owens spoke with the resident who lives in the area and controls the flow of the dam who told him that the State has been on him to keep it as low as possible for they do not want Route 108 to washout for Fire Trucks and Ambulances would not be able to pass.

Owens talked to the State and told them that in the instance that Route 108 is blocked the Fire Department could use Gould’s Hill or Pond Street.  Owens added that the neighbor on the other side of the pond will allow a replacement hydrant on his property if the town will write a hold harmless letter stating that he will not be liable for anyone who is injured while on his property.  Melvin asked if we need to dig it out; Owens responded that we only need to put in a hydrant.  Owens added that the hydrant they are looking to use as the replacement hydrant is located down on South Main Street which is in disrepair and they need permission to go on the property to retrieve it.  

Melvin asked about the pond on the corner of Wentworth and Route 108 and whether that it is active pond used by the Fire Department.  Owens responded that there is no hydrant at that location.  Chief Ingalls added that the Fire Department has not though of using that pond in 20-25 years.      

McCarthy concluded that it looks like the Fire Department needs two actions by us; one is a motion for the hold harmless and the other is to give direction to retrieve the hydrant.  Owens added that he has tried to contact the owners but received no response.  The work can be done from the street.

Owens requested for the Selectmen to send a letter to the resident on South Main Street informing them that the Board is allowing the Fire Department to retrieve the hydrant and to give them a time to respond by.  The South Main Street letter is to give notification that we are going to take the hydrant back during the week of ….if you have any concerns please call before that date.  Owens added that the hydrant snapped underground so we just need a backhoe to lift it up and take it away and the work can be done from the street.  After the Fire Department speaks with the Road Agent to get a time frame, we can then send out the letter.

Selectman Melvin motioned to turn around and send out letters to the individuals that they are held harmless at 30 & 34 North Main Street.  Second by Thayer.  Motion passed with a unanimous vote.

Owens added that the resident at 30 North Main Street stipulated that the hydrant is not to be used for training once per week; Owens agreed that it would only be used in emergencies and for the by annual flushing of the hydrants. McCarthy added that the use of the hydrant is to come from the Fire Department; Owens agreed to follow up with a letter from the Fire Department.

Chairman McCarthy motioned that the damaged hydrant that is town property located on South Main Street be removed and brought to the North Main location and the homeowner will receive a certified letter advising them with a time frame to respond to the town based upon the timing between the Fire Department and the Road Agent.  We do not have to go on his property for it can be done in the highway right of way.  Second by Melvin.  Motion passed with a unanimous vote.

  • Per RSA 31:95-b to accept and expend an unanticipated donation of $25 in memory of Janice Lynn to the Newton Food Pantry
Selectman Melvin motioned per RSA 31:95-b to accept and expend an unanticipated donation in the amount $25 in memory of Janice Lynn to the Newton Food Pantry.  Second by Thayer.  Motion passed with a unanimous vote.

  • Transfer Station Re: Review proposals to purchase a Backhoe Loader
Transfer Station Manager Kevin Jolicoeur was present and as requested he asked each of the companies that quoted a price on a backhoe loader to supply a second quote to include servicing the machine.

All three companies were contacted and only two responded from Nortrax and Milton CAT.  Melvin asked what this is going to save the town.  Kevin responded that he will save money by crushing down container holding cans which will reduce it down to ¼ of the container.  We are currently doing it now with the help of the Road Crew but we could end up doing it multiple times and saving even more on hauling fees.

Kevin added that it will also help with turning the compost; with the new machine it will be able to accomplish in a couple of hours what we now do with the Kubota which can take a couple of days.

The metal pile and the brush pile are damaging the equipment due to being a smaller piece of equipment which is an expense to the town.  Having the Highway Department help costs $80 per hour and the equipment is available but not always available.  Kevin talked about the brush pile and based upon the time of year it can get very busy and require many hours to handle the volume.  

Melvin asked what other areas we can use this equipment.  Kevin responded that if it is taken off site there is an additional cost for registration and insurance.  Melvin added that if we need a new culvert put in then our road crew could use it instead of renting a piece of equipment.  Kevin responded he could.  Melvin asked if during the winter the road crew could use it to push back the snow embankments instead of renting equipment.  Kevin responded that he could as long as the Transfer Station has completed its snow removal for with this piece of equipment the road crew would no longer be required to come down to give a hand cleaning the area.  The Transfer Station would come first and would be available to the road crew as long as it is not in use.

Selectman Thayer asked where you plan to get the money.  Kevin responded that he planned to pay for it out of his budget on a payment plan.  Melvin asked how you feel about putting it on a warrant article and paying for it out of the recycling fund.  Kevin had some concern for this past Town Meeting the voters did not approve a safety fence to be paid out of the recycling fund.  Melvin responded that the public does not realize the savings with purchasing this piece of equipment and we will need to tell them of the savings and paying for it out of the recycling fund which has no tax impact.  Kevin responded that it could pass but then it may not like the fence.  Plus if it does not pass, no means no and we cannot move forward and we will remain in the same situation for another year.  Thayer asked if this is a lease to own.  Kevin responded yes with options based upon the vendor selected.

McCarthy discussed that the Road Agent has been working to procuring large pieces of equipment through a government surplus program and he has been successful with some equipment.  If we could get something like this through the program would be the best scenario and the only cost would be insurance/registration.  McCarthy questioned if we did need to use the backhoe at another location, can it be driven on the road.  Kevin responded that it can be driven on the road.

Melvin added that he is in favor of this lease option and thinks it is a great idea but he is a strong believer to put it in front of the voters and that is why he voted no for the command vehicle because it did not go in front of the voters.  Melvin added that he cannot give a yes vote to purchase now but would rather see it as a warrant article to be paid from the recycling fund.  We can wait and get by in the meantime.  Kevin responded if that is how the Board feels and McCarthy added that maybe we can get a machine from the surplus program through Road Agent Mike Pivero.  McCarthy asked Kevin to put together a wish list for what he is looking for in a backhoe and give it to the Road Agent.

McCarthy questioned the need for operator training for such a large piece of equipment from a risk management perspective.  Kevin responded that there are two Transfer Station employees with experience.  

Melvin responded that it is all about the numbers, we were not saving any money with the installation of a fence but a backhoe is different for it will save the town money.  Kevin responded that for violating the rules, DES could charge the town up to $30,000 in fines for not securing the facility.  Melvin responded that if you put up a fence and then leave it open.  Kevin responded that he had a plan to secure the area.

Kevin added that the town’s Kubota has served its purpose but is too small for the work being done and we have been putting a band aid on it and continue to use it as long as we can.

McCarthy added that when we sit here we are to act in the best interest of the town with a fiduciary responsibility.  We need to listen to our department heads to find out what they need to do the job and residents don’t always understand the need and when faced with a warrant article to purchase an item they don’t get it so it fails.  Often times the residents don’t understand what we need to run the town efficiently and to help save on taxes.  We need to remember the hat we are wearing is to get things done and not because we are not trying to be transparent, it is to operate the town in an efficient manner.

  • Request from IT Consultant Re: Certificate of Insurance Waiver
McCarthy read a request from Sylvania Maddock, IT Consultant for the Town of Newton asking for a waiver from purchasing a Certificate of Insurance.  Maddock added that as an IT Consultant does not necessitate the need for liability insurance and the 30 plus years of technical repair experience gives her the ability to simply repair or replace at a minimal cost.  If I break it, I’ll simply fix it.

McCarthy commented on the contract negotiations this year and did not include an insurance waiver.  McCarthy added that she is not sure if this is an inappropriate time to discuss it or should it wait until next year’s contract negotiations.  Selectman Thayer agreed.  McCarthy added that typically what we will do is request proof of insurance for those that work for the town and have always done it for it pertains to damaging private property or with a contractor damaging town equipment.  McCarthy added that we did not talk about it with this contract.  

Town Administrator Wrigley added that Sylvania has worked for the town for over 20 years and has never been required to submit a certificate of insurance.  One year she did get it on her own because it was mentioned and Wrigley added that since then she has checked with other towns and banks and they laughed saying they do not require it for a IT Consultant is here to fix things, not break things.  Wrigley added that she has not had one case in the 25 years she has been with the town with broken equipment.  Wrigley stated that she cannot foresee anything that she could do other than tripping while carrying a computer or monitor.  The deductable would be more than the cost of the monitor or computer.  McCarthy added that if it is something that is important and we go out to bid then we always ask as part of the bid process but we did not do it with this contract.  Wrigley added that she feels it could be something discussed during the contract negotiations for next year.  Wrigley added that we have gone out to bid in the past and Sylvania keeps her rate the lowest, she does not get paid a lot and with the additional cost for insurance her rate could go up.

Melvin disagreed; the town needs to be repetitive and everyone needs to have insurance.  Melvin added that he could not pick out Sylvania in a line up and this is not personal but anyone working for the town must have insurance.  Melvin described a scenario when someone working on town lawn maintenance breaks something - we should have insurance to cover the town.  McCarthy responded that she can appreciate the comment about landscapers for when the town hires for this service one of the things discussed is insurance but it was not done in the hiring of our IT Consultant, it is after the fact and the contract was signed without the requirement for insurance.  McCarthy added that she feels it is too late for this year and will need to be addressed when reviewing next year’s contract.  

Melvin questioned why we did not go out to bid for this service.  Wrigley responded that the town does not go out to bid each year for Assessing and IT for you have people working for the town for a number of years and they know the town and the equipment.  You do not go out to get a lower price although we did do it a couple of years ago.  McCarthy asked why Sylvania could not be here tonight; Wrigley responded that she had an emergency meeting.  McCarthy asked if she wants the Board to wait until she can be here to make a decision.  Wrigley responded no, she gave you the facts and per the contract Wrigley feels that she is not paid enough to have additional cost part of her contract, after the fact.  Plus there have been no occasions in 25 years.  

McCarthy motioned based upon the request dated March 30th from Sylvania Maddock, IT Consultant for the remainder of this year due to already signing the contract to not require a certificate of insurance and to include it in the negotiations for future contracts.  No second.  Motion failed

Selectman Melvin motioned that she is required to have insurance.  No second.  Motion failed

McCarthy added that it looks like we want to have Sylvania come in.

  • Grant approved for the purchase of a Emergency Management mobile radio
EMD Larry Foote was present and announced that the State of NH Dept of Safety, Homeland Security and Emergency Management approved a grant of $2,276.00 for the purchase of an mobile radio for the Fire Department Command Vehicle.

  • Cable Committee Re: Rehiring of Tavish Forsyth, Cable Operator
Selectman Thayer motioned to hire Tavish Forsyth effective May 1, 2012 as a Cable Operator at Grade IV, step 3.  Second by McCarthy.  Discussion: This is the same grade/step he was paid before he left for college.  Motion passed with a unanimous vote.

  • Announcements
  • Other Business, Sign Manifests, Requisitions, Abatements, Tax Credits, Correspondence and Appointments
  • Repairs to Irrigation System.  The Board reviewed a note from Tim Hajjar, T & M Property Maintenance stating that there are three (3) broken irrigation heads that need to be replaced on the fields at Greenie Park.  McCarthy discussed that in the past Newton Baseball paid for half of the repairs, it makes sense for they are the ones using the fields and we have established a precedence.  Selectman Melvin stated that he feels that Recreation should pay for it.  Selectman Thayer added that being the liaison for Recreation, since we did not spend any money on the kids on vacation week, they have the money in the budget to cover this expense.
Selectman Thayer motioned that Recreation pay half of the $135 for the (3) broken irrigation heads and for Newton Baseball and Softball Association to pay for the other half.  Newton Baseball is the ones using the fields; Recreation does not use the fields.  Second by McCarthy.  Discussion: McCarthy added as an explanation for Melvin, that when this happened in the past Newton Baseball had no problems paying half of the cost.  McCarthy added that Newton Baseball could respond no.  Melvin added then the town will need to pay the bill in full.  Motion passed with Melvin voting no.

  • Chairman McCarthy announced that they have the closing paperwork for the new Police Department property on Merrimac Road; closing will take place this Friday.  
  • The Board signed an Intent to Excavate for Map 014-01-024 approved by the Planning Board.  
  • The Board signed a requisition from Recreation Commission approving two classes for Maia Drucker, Swim Director for a total of $595.00.
  • The Board signed thank you letters to those involved with the installation of the septic system at Greenie Park.    
  • The Board signed a Forest Fire Report/Bill for a fire on Maple Ave for a total of $645.19; the State reimburses the town half of the total expense.
  • The Board signed a Forest Fire Report/Bill for training on April 26, 2012 for a total of $194.46; the State reimburses the town half of the expense.
  • The Board signed a Forest Fire Report/Bill dated April 21, 2012 Grass and Forest Litter for a total of $390.78; the State reimburses the town half of the expense.
  • The Board signed a Land Use Change Tax for Map 008-03-011 for lots 40-46 for a total of $19,600.
  • The Board signed a Land Use Change Tax for Map 006-08-007-2 for a total of $7,250.00
  • The Board signed an abatement for Map 006-09-036 for $149.33 per the recommendation of the Town Assessor.
  • The Board signed an abatement for Map 010-2- 010-3 for a total of $642.43 per the recommendation of the Town Assessor.
  • The Board signed a Property Tax Disability Credit for Map 004-15-008.
  • The Board signed an abatement for Map 007-03-28-11 for $124.63 per the recommendation of the Town Assessor.
  • The Board signed an approval for a Veterans Credit for Map 011-09-1-2 per the recommendation of the Town Assessor.
  • The Board signed an Application for Exemption for the following properties per RSA 74:11 per the recommendation of the Town Assessor;
Map 011-05-24-2U1 - granted
Map 011-05-24-2U2 - denied
Map 011-05-24-1U1 - granted
Map 012-02-015 - granted
Map 013-05-003 - granted
Map 012-02-013 - denied
Map 012-04-1-10 - denied
Map 013-05-2-1 - granted
Map 012-01-1-1 - denied
Map 012-06-1-1, 1-2, 1-3, 1-4, 1-5 and 1-6 - all denied

  • The Board signed a Vendor Manifest dated April 30, 2012 for a total of $572,420.88 which includes a school payment of $472,696.00.
  • Police Station generator - Melvin discussed storing the generator from the old Police Department at the new Police Station.  
  • Transfer Station - Melvin questioned the replacement of the cement wall at the Transfer Station.  McCarthy responded that it was a safety issue approved at the end of last year; funds were encumbered for this repair.
  • Road Crew truck - Melvin brought up the fee the town is paying per week for the truck rental.  McCarthy responded that the Road Agent is actively trying to get a vehicle for free from the government surplus program; he has succeeded in getting four vehicles for the town.  The vehicles he got cannot be used on a daily basis but he is continuing to search for a town.  Melvin stated that the town is paying a bare minimum of $900 per week for the road crew truck.  McCarthy explained that the cost of the truck covers fuel, repairs, maintenance and insurance/registration.  Melvin questioned the vehicles parked at the sand/salt storage area; McCarthy explained that the vehicles are there for the town to use and does not cost extra to transport the equipment for the road crew’s use.  McCarthy encouraged Melvin to talk with the Department Head to help figure out the best way to move forward and to answer some of the questions.  The Selectmen are tasked to handle these issues for we are all here for the same thing, to work in the best interest of the town.  Melvin asked what can we do about this.  McCarthy responded that it was not just about the vehicle, we need to consider all the equipment, repair, insurance, registration etc.  McCarthy explained the lease option to be paid out of the budget; as explained earlier in the evening if the funds are in the budget then we should absolutely do it for it is for the best for the town.  Melvin was not in agreement, he feels that it should be in a warrant article.
  • Selectman Thayer asked about starting Selectmen’s Meetings later to allow the public to attend.  The Board decided to change the schedule as follows; the first public meeting of each month, 1st Tuesday will start at 7pm.  The second public meeting of each month, 3rd Tuesday will start at 4:30pm.  Melvin added that the earliest that he can get to a meeting is 6pm.  Nonpublic Sessions will be scheduled at the beginning of the meetings.
Chairman McCarthy motioned to resume the nonpublic meeting at 8:44pm.  Second by Thayer.  Motion passed with a unanimous vote.

Chairman McCarthy motioned to close the nonpublic meeting at 8:51pm.  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 circumstance no longer applies.

The Board approved the following merit increases after the nonpublic session.

Chairman McCarthy motioned that we give a merit increase to Sergeant Jewett from Grade XXI, step 9 to Grade XIII, step 7 effective May 6, 2012.  Second by Thayer.  Motion passed with a unanimous vote.

Chairman McCarthy motioned that we give a merit increase to Patrolman, First Class DiFluermi from Grade XVIII, step 10 to Grade XX, step 7 effective May 6, 2012.  Second by Melvin.  Motion passed with a unanimous vote.

Chairman McCarthy motioned that we give a merit increase to Patrolman, First Class Thurlow from Grade SVIII, step 10 to Grade XX, step 7 effective May 6, 2012.  Second by Melvin.  Motion passed with a unanimous vote.

Chairman McCarthy motioned that we give a merit increase to Patrolman LoRusso from Grade XVIII, step 9 to Grade XX, step 6 effective May 6, 2012.  Second by Melvin.  Motion passed with a unanimous vote.

Chairman McCarthy motioned that we give a merit increase to Office Manager Meisner from Grade XXI step 7 to Grade XXI, step 8 effective May 6, 2012.  Second by Melvin.  Motion passed with a unanimous vote.

The Board briefly discussed the Memorial Day parade with Police Chief Streeter.

  • Adjourn
Chairman McCarthy closed the public meeting at 9pm.

                                                        Respectfully Submitted,


                                                        Mary B. Winglass, Office Manager