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March 4, 2014 Board of Selectmen Minutes
NEWTON BOARD OF SELECTMEN
DATE: TUESDAY, MARCH 4, 2014
TIME: 6PM
LOCATION: NEWTON TOWN HALL, 2 TOWN HALL ROAD

PUBLIC MEETING

  • Call to Order, Roll Call Vote
Selectman Melvin opened the meeting at 6:04pm.  In attendance were Selectman Charles R. Melvin, Sr., Selectman Robert S. Donovan, Jr., Town Administrator Nancy J. Wrigley and Office Manager Mary B. Winglass.  The meeting was videotaped; minutes were transcribed and typed by Office Manager Winglass.

Chairman Raymond Thayer is no longer able to fill his duties as a member of the Board of Selectmen; his term ends March 11, 2014.

Selectman Melvin motioned to go into Nonpublic Session under RSA 91-A:3 II (b) - Fire Department and Recreation Commission; (c) - Tax Assistance.  Second by Donovan.  Motion passed with a roll call vote.

Selectmen Melvin motioned to close the nonpublic meeting at 6:53pm.  Second by Donovan.  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;

  • to hire Bernedetto Ferrandi as an EMT/Firefighter on a probationary status on the Newton Fire Department effective today’s date pending a background check starting at Grade X, step 2, $11.99 per hour.  The six months probationary period starts after receiving the background check.
  • to hire Annie Collyer as the interim Secretary for the Recreation Commission at Grade VI, step 8 effective date as of today.
Selectman Melvin motioned to bring the public meeting back to order at 7:01.  Second by Donovan.  Motion passed

  • Pledge of Allegiance
  • Introduction of Guests
  • Approval of Minutes (Review prior to meeting)
  • Selectmen’s Public Meeting minutes dated December 30, 2013, January 13, 2014 and January 20, 2014
  • Selectmen’s Public Hearing minutes dated January 20, 2014
  • Selectmen’s Nonpublic Meeting minutes dated December 30, 2014 and January 20, 2014
The Board decided to hold off accepting the minutes until the next meeting

  • Scheduled Business
  • Planning Board Re: Notice of Limits of Municipal Responsibility and Liability Pursuant to RSA 674:41
Selectman Melvin read a memo from the Planning Board recommending the BOS to sign the Notice of Municipal Responsibility and Liability Pursuant to RSA 647:41.  

Melvin then read the Notice of Limits of Municipal Responsibility and Liability Pursuant to RSA 67:41,Id (1), (2) and (3) and ask to defer this item until the next Selectmen’s meeting.

Joshua Manning of Lewis Builders questioned why Melvin wants to defer it and why it cannot be acted upon tonight.  This is not the type of decision that requires further conversation, it has been approved by the Planning Board and Town Counsel.

Planning Board Vice Chairman Jim Doggett added that this is a major concern; the document has been reviewed by Town Counsel and to hold it up until the next meeting is harsh and asked the Board to take a vote on it this evening.

Selectman Melvin responded that he is not going to sign the document.  At the next meeting there will be three new Selectmen.  Melvin has heard rumors that he is “in bed” with Lewis Builders therefore he is deferring the decision to the new board.  Melvin added that he has been pressured by Fitzgerald and Lewis and he does not do business behind closed doors.

Selectman Donovan stated that he has no problem with signing the document.  Selectman Donovan added that he heard an accusation that this document has not been signed because Donovan cancelled the February 18th meeting.  Donovan was in favor of cancelling the meeting due the weather if that was the final consensus but asked to schedule a meeting for the following night before candidate’s night in order to sign manifests, etc.  Selectman Donovan added that Selectman Melvin was unwilling the meet the following day and responded that you will see me on March 4th.

Selectman Melvin talked about how he has an email from Donovan to cancel a meeting until Selectman Thayer gets better.  Melvin added that he works full time and cannot change his schedule at the last minute.

Vice Chairman Jim Doggett talked about the main duty of the Selectmen is to govern the town and this document is not any type of conflict of interest but protects the town and should not be deferred due to someone making an offhanded comment.  Selectman Melvin responded that he does not like the document and is not taking the chance.  Doggett responded that this becomes part of the deed; all future owners are to be made aware from the Realtor; this is pure and simple and protects the town now and into the future.  Doggett added that the language in this document is prescribed by the State RSA 674:41 word for word.  

Melvin replied that he is not comfortable with it and is not going to touch it.  Doggett added that it is unfair and unjust to not sign the document for they submitted to the BOS a viable, legal and binding document.

Resident Edward Jenkins stated that he has lived in town for 14 years.  Jenkins added that he is sorry that Melvin was accused by another but it has nothing to do with the relationship, the town has spent funds creating this document and approved through the Planning Board.  The Planning Board understood that responsibility and with Town Counsels approval this document releases the town of any liability.  

Selectman Melvin motioned to defer the letter until the March 18th meeting.  Second by Donovan.  Motion passed.

  • Letter of resignation from Sarah Woodman and Marilyn Landry, members of the Recreation Commission
The Board received letters of resignation from Sarah Woodman and Marilyn Landry, members of the Recreation Commission.

Selectman Melvin motioned to accept the resignation from Sarah Woodman.  Second by Donovan.  Motion passed.

Selectman Melvin motioned to accept the resignation from Marilyn Landry.  Second by Donovan. Motion passed.

  • Letter of resignation from Laurence Middlemiss, Code Enforcement
Selectman Melvin read a letter of resignation from Code Enforcement Officer Laurence Middlemiss effective March 22, 2014.

Selectman Melvin motioned to accept the resignation from Laurence Middlemiss effective March 22, 2014.  Second by Donovan.  Motion passed.

Selectman Melvin read an email from Chief Building Official Ron LeMere expressing his gratitude to Middlemiss for his services to this community.  Middlemiss was a great asset Newton and will be truly missed.  During this time of transition, the Building Department Inspection staff will be assigned to various code enforcement activities.

  • Letter from resident Jennifer Klopotoski requesting a refund of $25 for a resident sticker
The Board received a letter from resident Jennifer Klopotoski asking for a refund of $25 she paid on February 10, 2014 for a replacement resident sticker.

Selectman Melvin motioned to refund Jennifer Klopotoski the $25 replacement sticker fee.  Second by Donovan.  Motion passed with a unanimous vote.

  • Town of Newton Code of Ethics Ordinance
Selectman Donovan asked for this item to be placed on the agenda for he had concerns with Selectman Melvin painting the Police Departments Hummer for it is a conflict of interest.  Donovan explained the chain of events that lead to Selectman Melvin signing the Vendor Manifest with a second from Selectman Thayer approving payment for this work on December 18, 2013.  

Melvin responded that his son talked to Chief Streeter regarding funding received late from the AG’s Office and offered to do the work at cost.

Selectman Donovan explained that Melvin abstained from voting to paint the Hummer in 2012.  The requisition was approved at the December 31st, 2012 meeting paid from encumbered funds and signed by then Selectmen McCarthy and Selectman Thayer.  Selectman Donovan added that when he found out about the work being done in October he sent out an email asking to stop all work for it is up to the present BOS to approve this expenditure.  The Hummer was returned to the PD not fully assembled and Melvin told the Town Administrator now if you want it done the price is double.  Donovan thought that once it was returned it was put on hold.  

The Board took a brief recess for Selectmen Melvin to retrieve his documentation on this subject.

Selectman Donovan read the email he sent out stating that this is a new Board and we have to sign the invoice.  Donovan will not sign the invoice and due to the conflict of interest Selectman Melvin cannot sign.  The painting need to be held off until this matter is cleared up due to the fact that it may not be paid.  Instead Melvin completed the work and approved payment for the work on December 18th, a clear conflict of interest.  

Selectman Donovan questioned Melvin’s statement that he will not sign anything outside of a meeting.  Melvin asked what he has signed outside of a meeting.  Donovan responded that on the December 18th manifest C&M Auto was paid for the painting of the Hummer.  Selectman Melvin went back and took back the vehicle and painted it without discussing it with the Board and in a non-meeting on December 18th Melvin approved the payment with a second signature from Thayer.  Donovan added that the BOS on October 2nd sent out a memo informing the departments that there is a spending freeze/cap on all purchases over $500 must require a requisition, invoice and the Board of Selectmen’s approval prior to placing any order.  The only exception is for purchases that are used to run your department i.e. normal/usual activities and day to day operations.  This payment violated the BOS town directive.  Donovan added that he spoke with the Town Auditors and they agreed and will include this in their 2013 year-end report to the town.

Selectman Melvin talked about when he was first elected he spoke to the Town Administrator and the Office Manager about the fact that he works on the towns police cruisers and he was told that it was not a conflict.  Melvin added that Chief Streeter spoke to Melvin’s son asking for a price to paint the Hummer.  This money was from funds that Police Chief Streeter received in late December 2012 from the AG’s office.  The Chief received estimates for painting the vehicle and they came in around two to three thousand dollars; Melvin’s son is doing the work at cost at $1,035.00.  Encumbered funds were approved by Selectman McCarthy and Selectman Thayer and Melvin abstained.  Melvin added that all he did was sign the manifest that was already approved by McCarthy and Thayer.

Donovan added that McCarthy is no longer a Selectman and if the Board encumbered funds the previous year, the new Board would decide if it was going to happen or not.  The fact that C&M Auto brought the Hummer back to the Police Station it was thought to be a done deal, it was not going to happen without the approval of the present Board.  Instead of coming to the Board, the Hummer was brought back to C&M Auto and painted and this will be mentioned in the auditor’s report as a conflict of interest.

Selectman Melvin asked to speak on some of the things C&M Auto has done for the town such as towing the police cruisers for free, towed one from Brentwood and fixed a flat tire and charged the town $15.  Also they hauled the flagpole from the PD at no charge and moved the generator from the old PD to Merrimac Road at no charge to the town.  They tow the cruisers to the dealers for free and scan the engine code in all the cruisers for free.  The PD used a drug bust car that they put together at no charge and towed the 2002 Dodge Van to the State auction in Concord, 120 miles at a cost of $204 and charged the town $200.

Things Melvin did personally for the town is leveled the sand at Greenie Park and covered all the exposed concrete, got the windows fixed at the Marshall House, worked to get the repairs at the library and was the lead person on the fence at the Transfer Station, worked on the closing of 8 Merrimac Road and did the closing on 2 Amesbury Road.  Melvin added that he is a Real Estate Broker and usually they receive 10% on a commercial closing and there was no charge to the town.  Melvin worked at the auction at 2 Amesbury Road, worked with Recreation on the raft and power at the Town Beach, power at the sand/salt shed, making sure the dry wells for the Fire Department were in working order, three had been junk for years and now they are working.  Worked with the Town Administrator and the Town Attorney on the Stormwater Management, worked to solve the problem with management at the Transfer Station, through the Rockingham Planning Commission applied for a $25 thousand dollar grant which was received plus $5,000 of taxpayers’ money to conduct a study and plans.  Melvin then spoke with Senator Nancy Stiles to see what she could do to help improve Rowe’s Corner and she was able to get the plan approved by the Department of Transportation as part of their 10 year plan with $850,000 approved for this project.
Melvin has not missed a Selectmen’s Meeting since he was elected nor has he missed a Planning Board meeting since elected.  Melvin has not denied any department on any purchases, he has questioned some of them and takes pride in what he has done for the Town of Newton and will continue.  Melvin added that Donovan signed a requisition for the Road Agent in the amount of $6,800 three days after the work was already done and the Selectmen had no knowledge of this work being done.  This did not go out to bid and it did not get the three estimates that are required.  The work at the front of the Transfer Station to remove the large spruce trees, Melvin received a bid of $1400.  When the stumps and brush needed to be removed, he told the Office Manager Mary Winglass and received three bids for the work.  Melvin stated that all Donovan has done since becoming a Selectman is to go after the Fire Chief, Deputy Fire Chief, EMT Director and now Selectman Melvin; so instead of going after people do something constructive for the town, please.  Now if you look at the 2013 Town Report on page 97 you will see Eastern Seaboard Concrete Construction Co. in the amount of $186,700.02 and he did not put it out to bid neither so that is a conflict of interest for the person is head of that department and the work is done by his own company.

Selectman Donovan questioned Melvin that as long as you do things for the town you do not have to follow protocol and just do what you want; Melvin responded no he is not saying that.  Donovan asked Melvin about towing the van to Concord and charged the town $200 and put the invoice in after the fact.  Town of Newton policy for Disposal of Town property; any property that is considered surplus and valued over $100 must be presented to the Board of Selectmen; Donovan added that the Board did not know about it until the invoice was received and Melvin did not even tell the Town Administrator.  Melvin responded that Donovan should talk to Chief Streeter about it; Donovan replied but you towed it.  Donovan questioned Melvin, so the Chief comes to you and you do not have to follow town policy?  Melvin responded that they had less than a week and we had to have it in Concord in time.  Donovan responded that his phone works, we need to follow town policy.

Donovan addressed the fence situation at the Transfer Station.  Donovan explained that yes Melvin did take the lead on the fence situation and it came close to the end of the budget season and you brought the paperwork to the Town Administrator stating that you washed your hand of it.  Melvin replied that he was afraid that Donovan was not going to pay the bill and he was not taking the chance that the bill was not going to be paid.  Donovan stated that he never said he would not pay the bill.  Melvin added that Donovan brought up the Hummer six months ago.  Donovan replied and yet you still painted the Hummer after being told to put it on hold.  Melvin replied that it has not been painted and if the town wants the money back then he has no problem giving the money back.  Melvin added that personally he does not want to do it anyway but he tries to help Chief Streeter get things done and he does not need Donovan’s permission to do it.

Donovan questioned Melvin, so you are doing it all alone as Selectman you are going to do what you want.  Melvin responded that if Streeter needs the flagpole hauled he will haul it for him.  If he has a car broken down he will go get it for him because he asked and it would be Melvin’s decision on whether to charge or not for the work; and if it is going to affect Streeter in anyway then he will not charge the town.

Donovan questioned Melvin that the town paid him $1,135 to paint the Hummer that you never painted.  Melvin responded that it is half done for Donovan stopped the work and you keep stopping it.  But we have still paid you, you signed the vendor manifest.  Melvin responded that he is not disagreeing with that, I told you that.  Melvin added that he has signed other Vendor Manifest that had C&M on it.  C&M did $3,500 in business with the town this past year.  Donovan stated that it is a conflict of interest to sign approving payment for your company.  Melvin responded that the Town Administrator and Office Manager told him that you could do that and if they deny it then they are liars.  Office Manager Winglass told Melvin if there are three Selectman signing the manifest then it is okay for him to sign but that was not told to him at the beginning.

Donovan clarified that the town paid Melvin for work that has not been completed. Melvin responded that you did not even know that, you thought it was which goes to show how much Donovan pays attention to what is going on in town until you want to go after somebody.  Donovan responded that the town does not pay a vendor unless the job is done but we paid you and you signed for your own paycheck.

Donovan added that when he owned a company in town he would not do work for the town due to a possible conflict of interest, would not put a bid in.  Melvin responded that the residents of Newton all knew that he worked on town vehicles, previous to him being elected.  Melvin added that he would not have signed any manifest if those two told me that I could not and they were at the meetings.  Melvin added that is how the Selectmen get all their information from the Town Administrator and Office Manager

Road Agent Mike Pivero joined the conversation to ask a few questions.

1.  You referred to a $6,800 requisition that was signed, can you tell him what that was for?  Melvin responded that he did not read the requisition; he just did not sign it.  Melvin then added that it was for work done at the back of the Transfer Station and told Pivero that he should have gotten three bids for that work just as we did for the front area.  Melvin responded that’s the way it is because it is you.

Pivero responded that Melvin bid on the front of the Transfer Station through a different contractor that you were working with for taking down the trees for the fence in the amount of $1,400 which fell under the bid policy.  Melvin added that he went to Barry’s Tree Service to ask him if he would put in a bid for the work which then Melvin took to the Board for their approval.  The proposal was approved by the BOS and Melvin worked for free that day for Barry’s Tree Service and used his own truck.  Pivero responded that when he heard about the price he thought it was great for the town, a homerun.  Melvin added that he did this work at no charge to the town and did not receive anything from Barry’s Tree Service.  Pivero replied but the work did not get done and was not even remotely close to the amount of trees that needed to be removed in order to install the new fence.  Melvin responded that Barry’s Tree Service bid on the trees not all the brush that needed to be removed as well.  Melvin added that he took down the big spruce trees that we asked him to take down.

Pivero talked about the next sequence of events, after a few days passed and he was contacted by the BOS and in turn Melvin met Pivero down at the Transfer Station.  Melvin showed Pivero all that needed to be removed to include brush and small trees.  In that conversation, Melvin told Pivero just give me a number and we will make it happen.  Melvin responded, no I did not.  Pivero responded that you absolutely did and Pivero is the one who told Melvin that this work needs to go out to bid.  Melvin responded that Pivero is lying.

Pivero moved on to the next sequence of events, Pivero was the low bidder, the highest was around 12 thousand dollars, and Pivero came in at $6,500 for there are a lot of small trees and brush.  Melvin’s bid was $1400, we are talking apples and oranges.

Next sequence was when Melvin gave the Town Administrator the plans for the fence and you said that you were done.  Melvin responded that he told the TA that he could no longer be the lead person for he felt that Donovan was not going to pay the fence contractor.  Selectman Donovan asked Melvin if he ever addressed this issue with him.  Melvin responded no he assumed because of the simple reason as to what was happening with the painting of the Hummer.  Donovan responded that the Hummer was the wrong thing to do but the fence was approved by the voters.

Pivero went on to explain that after Melvin dropped this project at Town Hall he received a call asking if he could help.  Pivero responded absolutely and found out where we were at and met the fence guys at the Transfer Station.  Melvin had the employees at the Transfer Station grading the back area to place the fence: Pivero responded that it looked like a goat path and the fence guys were coming in to install the fence.  Pivero added that he is particular when a fence goes in for he wants it straight and level and needed to be completed before the ground freezes.  Pivero went down on the ninth hour, graded the back area and took out all sorts of material so we had a place to put the fence on the left side of the fire road.  There was not a lot of time to do this; all summer time was spent to get this job done before the ground froze.  Melvin responded so you believe that just because there was a time frame issue you can go ahead and submit a bill in any amount and we are to pay it.  Pivero responded no but common sense might need to prevail.  Melvin talked about Pivero coming in with a requisition stating that he did not follow protocol.  Pivero agreed and added that the Selectmen were told to not pay it if there is a problem but the area needed to be graded in order for the fence to be installed correctly.  By making the road straight and grading it at the back of the Transfer Station took $5,000 off the bill from the fence company.  Pretty close between what was spent and what was saved plus it is straight and level seeing that hopefully it will be there for the forty to fifty years.

Melvin asked to step back and talk about the gates.  The bid was approved for front gates on rollers and Pivero turned around and changed it to swing gates.  Pivero responded that he suggested swing gates and that savings was $1300.  Pivero added that slide gates are a maintenance nightmare but the moral of this is that you sit up there and throw around a $6800 bill when it has a signed requisition and an offsetting credit.  Pivero added that in the best interest of the town that is what you do.  Melvin replied that Pivero turned around and did the work without getting the three required estimates. Pivero added that he knows the rules and there is no grey area for him but the work needed to get done to install the fence properly and there was a time constraint.  Melvin added that there was a time constraint to do the work at the front and Pivero helped get the estimates.  Pivero responded that he gave names of companies that may or may not bid on the job.  Again Pivero stated that he walked into the Selectmen’s Meeting with the requisition stating that he knew this work was done out of sequence but it was last minute and needed to be done in order to install the fence correctly.  Pivero reiterated that he told the Selectmen’s don’t pay it but it ultimately was Melvin who dropped the ball.  In comparison, Melvin did work on the Hummer before receiving approval.  Donovan responded that the two situations are different for Pivero finished the job; Melvin got paid before he finished the job.

Pivero added that as a Selectman the rules change.

2.  Pivero addressed the comment from Melvin regarding the amount paid to Eastern Seaboard last year.  Melvin’s issue is that it should have gone out to bid.  Pivero stated if there is an issue with the Highway Department and how it bills and how it is run then he suggests as a Selectman to address it in an open public meeting.  Melvin responded that he is addressing it now.  Pivero responded with no facts?  If Pivero wins the election on March11th, he urges the Selectmen to get all their facts together bring it up and we will discuss it.  Issues, suggestions and improvements would be welcome.  

Donovan discussed that the Town of Newton has a zero tolerance for bullying.  Donovan received a phone call from his father and he was kicked out of C&M Auto, told to leave he was no longer welcome because he did not like what his son did to him regarding the Hummer.  Donovan added that is retaliation and a man should address his issues with that person but not kick a father, mother, child out of somewhere because of a what one person has done.  This definitely falls under the bullying policy.  Melvin responded so what happens in my garage reflects on the town.  Melvin explained that Bob Donovan, Sr. comes to the garage four or five times a day and he disturbs the individuals working.  Melvin added that he told Donovan, Sr. that he is not welcome here anymore; he said ok and left.  Donovan Jr. replied that it happened right after the discussion on the painting of the Hummer and now you are calling my father a liar.  Melvin responded yes.  Donovan responded that when it comes to ethics and honesty you would not make it very high on the meter.

  • Police Department Re: Equitable Sharing Agreement
Police Chief Lawrence Streeter explained that this agreement is part of the equitable sharing fund which is a DEA and Federal Policy that anytime there is an asset forfeiture the town must have an agreement showing how much the town and state receives.  A year-end report must be submitted showing the breakdown and this report outlines the 2013 activity.

Chief Streeter added that concerning the last discussion, he has always been forthright with the town and taxpayers money.  Donovan replied that everything that happened has nothing to do with you, the Selectmen need to make the right choice.  Maintenance of the department’s eight vehicles is split between Estabrooks Garage and C&M Auto; both also tow for the Police Department.  Route 108 is where he purchases his gas.  Donovan question if you tow for the Police Department isn’t it in the contract that you must tow the police vehicles at no charge.  Streeter responded yes.  Donovan added that he just wanted to make it clear that the free towing is part of the contract.  Melvin asked if Estabrooks has been charging for the cruisers.  Streeter responded that he has not had a cruiser towed in some time.  Melvin stated that the last time Estabrooks was to tow it was done by Amesbury Towing for him and he charged the town and that has been since the contract was in place.  Melvin added he has never charged for towing the cruisers.  Streeter added that it was his vehicle that broke down in the middle of the summer in Seabrook and Estabrooks has an agreement with Amesbury Towing to tow during the daytime business hours.  Streeter added that it is all about being fair.  Melvin added that his point was that the Police Department was charged.

Selectman Melvin motioned to sign the Equitable Sharing Agreement and Certification. Second by Donovan.  Motion passed.

  • Transfer Station Re: Repairs to Kubota Tractor
The Board reviewed a quote from MB Tractor in the amount of $3,431.93 for the Transfer Station Kubota Tractor.  The last time it was professionally serviced was in 2008 therefore according to Tom Difalco, Interim Transfer Station Manager, the cost seems reasonable considering the amount of usage.  Difalco added that he has funds in his budget to cover the complete cost of the service.  Selectman Melvin questioned the high cost for this service.  Selectman Donovan responded that MB Tractor completed a safety check and found multiple problems and since it has not been serviced since 2008 he is in favor of moving forward and signing the requisition tonight.  Both Selectman Donovan and Selectman Melvin signed the requisition approving service to the Transfer Station Kubota Tractor.

  • Letter from resident Maria Hennessy requesting a refund of interest paid
The Board received a letter from resident Maria Hennessy requesting a refund of $41.93 for interest paid on a late payment for her 2013 December property tax bill.  Hennessey stated that she mailed the check but it was never received at the clerk’s office.

Selectman Melvin motioned to return the interest payment to Maria Hennessy in the amount of $41.93.  Second by Donovan.  Motion passed with a unanimous vote.

  • Per RSA 31:95-b to accept and expend unanticipated funds in the amount of $15.90 from Planet Aid and a anonymous donation of $9.00 to the Newton Food Pantry
Selectman Melvin motioned per RSA 31:95-b to accept and expend unanticipated funds in the amount of $15.90 from Planet Aid and a anonymous donation of $9.00 to the Newton Food Pantry.  Second by Donovan.  Motion passed

  • Fire Department - Final Ambulance Agreement effective March 1, 2014
Fire Chief Bill Ingalls submitted to the office the final approved ambulance agreement between the towns of Newton, Atkinson, Danville, Hampstead, Plaistow and Sandown and Trinity EMS Inc. of Massachusetts.  The agreement term is thirty six months beginning on March 1, 2014 and shall run concurrently until February 28, 2017.

Selectman Melvin motioned to sign the Ambulance Services Agreement between the Town of Newton and Trinity EMS Inc of Massachusetts.  Second by Donovan. Motion passed.

  • Email from Newton Complex Committee Re: Member Frank Gibbs
Selectman Melvin read an email from Jim Doggett, Chair of the Newton Complex Committee informing the BOS that Frank Gibbs is unable to attend meetings on Monday night therefore he is no longer a member of the committee.

Selectman Melvin motioned to accept the resignation from Frank Gibbs, member of the Newton Complex Committee.  Second by Donovan.  Motion passed.

  • Announcements
Dept of Revenue Administration Re: Ratio for Tax Year 2013 is 107.5%

The Board announced the ratio for Tax Year 2013 is 107.5%.  The 2012 ratio was 111.9%.

  • Other Business, Sign Manifests, Requisitions, Abatements, Tax Credits, Correspondence and Appointments
The Board announced the following Vendor Manifests to include the date and the total amount.   

  • Vendor Manifest in the amount of $107,308.83 signed by all Selectmen on 2/6/14.  Both Selectmen already signed it.
  • Vendor Manifest in the amount of $987,367.89 signed by Selectman Donovan only on 2/20/14.  Selectman Thayer is no longer able to fulfill his duties as a member of the BOS due to a medical issue.  Since only Donovan came in to sign the manifest he contacted Town Counsel for a legal opinion for the vendors need to be paid.  Counsel agreed that the town must be able to conduct business in a timely manner to avoid penalties and interest.  Melvin asked if Donovan asked if he could contact Town Counsel.  Donovan responded no there was no choice for the vendors needed to be paid.  The manifest includes a payment to the Sanborn Regional School District and many other contracted services.  Selectman Melvin signed the manifest on March 4, 2014.
Selectman Donovan asked Selectman Melvin why he would not sign the Vendor Manifest.  Melvin replied that it is his choice but there was a bill for repairs to the Highway Hummer which should have received bids for the bill was extremely high and the work could have been done for a lot less money and the garage used is not even in town.  Pivero responded that the person who owns the company lives in town but he wholeheartedly agrees and supports the businesses in town.  

Pivero asked why Melvin would not sign the manifest, was it due to that one bill.,  Melvin responded that he wanted to talk about it with Donovan.  Pivero replied that by Melvin not signing the manifest it jeopardized the snowplowers not getting paid.  As a department head Pivero has a problem with that for the town needs to pay their bills.  Holding up one bill in question is logical but holding up the entire manifest is wrong.  Melvin responded that he went home and called Selectman Thayer and told him that he needs to go in and sign the manifest because he did not.  

Pivero asked that it has been procedure in the past that a manifest can be signed outside a meeting.  Melvin responded yes but as of now he will not sign any manifests outside a meeting.

  • Vendor Manifest in the amount of $1,291,439.92 dated January 7, 2014
  • Requisition #2438 dated 2/3/14 is for the Recreation Commission in the amount of $350.00.  Both Selectmen already signed it.
  • Requisition #2269 dated 1/29/2014 for the Recreation Commission in the amount of $165.00.  Both Selectmen already signed it.
  • Requisition #2437 for the Recreation Commission in the amount of $75.00 dated 1/29/2014.  Both Selectmen already signed it.
  • Requisition #2436 for the Recreation Commission in the amount of $94.00 dated 1/29/2014.  Both Selectmen already signed it.
  • Requisition #2458 for the Recreation Commission in the amount of $48.95 dated 2/11/2014.  Both Selectmen already signed it.
  • Requisition #2447 for the Cable Committee in the amount of $264.56 dated 1/23/2014 paid from the Cable Revolving Fund.  Both Selectmen already signed it.
  • Requisition #2449 for the Cable Committee in the amount of $545.00 dated 2/11/2014 paid from the Cable Revolving Fund.  The Selectmen signed tonight.
  • Requisition #2378 for the Fire Department in the amount of $1,729.94 for one set of turn out gear for a fireman.  The Selectmen approved this purchase by signing the requisition..
  • Requisition #2377 for the Fire Department in the amount of $1,818.75 for a life pak CR plus AED for the library.  The Selectmen approved this purchase by signing the requisition.
  • Requisition #2376 for the Fire Department in the amount of $2,790.44 for six tires for engine #2.  The Selectmen approved this purchase by signing the requisition.  
  • The Board signed two requests for time off.
  • The Board signed an appointment for Susan Milner as a member of the Recreation Commission with an expiration date of April 15, 2017.
Selectman Melvin motioned to appoint Susan Milner as a member of the Recreation Commission with an expiration of April 15, 2017.  Second by Donovan.  Motion passed.

Veterans Credit and Abatements

Map 10-2-9-13 approved Veterans Credit for 2014
Map 8-3-11-77 approved Veterans Credit for 2015
Map 10-1-13 approved Veterans Credit for 2014
Map 11-5-24-2U1 approved Veterans Credit for 2014
Map 8-3-11-75 approved Veterans Credit for 2014
Map 7-3-22-10 approved Veterans Credit for 2014

D&D Realty Trust, 6 Puzzle Lane, Units 5 & 6 approved for 2012
Mitchell, Arthur, 6 Puzzle Lane, Units 7,8,9 approved for 2012
Sarro Realty Trust, 6 Puzzle Lane, Units 13, 14 and 15 approved for 2012
Young, Kenneth, 9 Kenwood Drive approved for 2013
125 Development NH Corp, 6 Puzzle Lane, Units 10 & 11 approved for 2012

The Board signed three payroll manifests as follows;
Pay period from February 9th - 22nd
Pay period from January 26th through February 8th
Pay period from January 12th through January 25th

The Board signed a vendor manifest dated 3/3/2014 in the amount of $99,554.12.

Selectman Melvin motioned to sign the vendor manifest dated 3/3/2014.  Second by Donovan.  Motion passed.
Town Administrator announced that the 2013 Town Reports are available downstairs and will be posted on the town’s website.

Developer Todd Fitzgerald came in late to the meeting and asked Selectman Melvin to explain why he will not sign the Notice of Municipal Responsibility and Liability Pursuant to RSA 647:41.  Selectman Melvin responded that it was discussed earlier in the meeting and it has been deferred until the next Selectmen’s meeting on March 18, 2014.

  • Adjourn
Selectman Melvin motioned to adjourn the meeting at 9:07pm.  Second by Donovan.  Motion passed.

Respectfully Submitted,


Mary Winglass, Office Manager