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September 6, 2005 Board of Selectmen Minutes
SELECTMEN’S PUBLIC MEETING

September 6, 2005

Call to Order

Chairman Harding called the meeting to order at 7pm.  In attendance were Selectman John P. Ulcickas, Selectman Gary F. Nelson, Chairman Norman P. Harding and Town Administrator, Nancy J. Wrigley.  Minutes were transcribed and typed by Office Manager Mary B. Winglass

Introduction of Guests

·       Resident Robert Marchand and Mr. Anders Ragnarsson, President and Mr. Mark Taitz, Director of Business Development of Continental Biomass Industrial RE: Concerns with activity taking place at CBI located at 22 Whittier Street

Resident Mr. Robert Marchand and representatives from CBI, Mr. Anders Ragnarsson, President and Mr. Mark Taitz, Director of Business Development were present at the meeting.  Mr. Marchand discussed his concern which started just over the last six or eight months with the change of protocol of testing CBI’s equipment outside which is across the street from his home.  Mr. Marchand added that he is not trying to give anyone a hard time, only looking for some assistance to have the testing of the equipment in another area.  

Mr. Mark Taitz stated that he received a copy of Mr. Marchand’s complaint and informed the Board that CBI makes machinery for the grinding of wood and timber and that the company tests the equipment before it leaves the premises.  Mr. Taitz stated that after he received the complaint he met with other neighbors to ask about the noise levels and they stated that they did not have a problem.  

Mr. Marchand stated that the issue is the location of the testing.  Mr. Taitz stated that it is being done in the corner of the lot as the testing requires that it take place in a safety zone.  In the last month, since August 11th they have tested six times and usually the testing is done during the day for a time period of approximately three hours per test.  The testing only occurs when the machines are ready for shipment.  Mr. Taitz stated that they are trying to be as good a neighbor as possible and will limit the hours of testing to certain days and/or certain hours during the day.  

Mr. Anders then discussed with the Board that he recently conducted a noise study in order to check the noise decimal.  It was stated that the noise decimal for testing the equipment was well under the decimals of noise produced from a dump truck driving down the street.  Mr. Anders added that he would move the testing location if he could but it is not safe to run the machines at any other location on the property.  Mr. Anders added that he would move the machines so that they face the building and this should help redirect the noise.  

Mr. Marchand stated that since he and his wife do not work regular business hours the noise may affect them more than others; some of these machines are so loud we cannot hold a regular conversation in our living room.  There are a variety of machines being tested and some are much bigger and louder than others.  Mr. Marchand added that CBI has neighbors and they are very concerned with the noise level and with the company growing it will increase the amount of testing and noise.    

Mr. Anders stated that the noise level also depends on wind and other conditions and he will try to work within the confines and include all factors.  Mr. Marchand responded that the Planning Board’s thought process when allowing this type of business surrounded by residential properties was not right to begin with today and/or down the road.  Chairman Harding stated that he understands that CBI will soon be in front of the Planning Board to request the addition of another building to the site.  He questioned whether the testing could be done inside.  Mr. Anders responded that the testing can only be done outside.    

A discussion ensued from both sides that trees were cut down recently reducing the buffer.  The Board discussed the possibility of CBI installing berms to help reduce the noise.  The Board reviewed the zoning ordinance and then decided that the best way to move forward is to hold a site walk of the property.  The Board discussed that we all need to work together to come up with a solution.  The Board discussed limiting the hours of use and the days of the month, positioning the equipment and the building up of a sound berm.  It was agreed to hold the site walk starting at 5:30 pm on Thursday, September 8, 2005 to take a look at the area in order to have a better understanding of the situation.  

Mr. Anders discussed that the state recently approved a new driveway permit, which is located directly across the street from Mr. Marchand.  The new driveway is in a logical place and is where the state said to put it.   

Representatives from Verizon Communications Re: Telecommunications Network

Mr. Erle Pierce, Vice President of Government Affairs and colleagues were present to give the Board some background and to answer questions as to the process of Verizon’s next generation broadband network that will deliver high-bandwidth Internet, voice and data services called FTTP (Fiber to the Premise).  FTTP is a major enhancement, using next-generation technology to extend fiber all the way to residential and business customers’ premises and can be expanded in the future.

Verizon plans on offering internet service sometime after the first of next year.  They also hope to have approval from the town to offer video services in town this time next year.  The Board discussed that Verizon needs to meet with the Cable Committee to discuss a contract with the town for cable services.  Andrew Morse, Chairman of the Cable Committee stated that the Cable Committee would meet again on September 20, 2005 and would place Verizon on their agenda and encouraged anyone interested in getting involved to please contact him.  Andrew added that the town’s contract with Adelphia Communication took 12 months to complete and that contract is good for another seven years.  The cable equipment was discussed and Andrew stated that the equipment we now have would not be compatible and we would definitely need new equipment.  Verizon responded that it would be part of the negotiations.

Old Business
Discussion with NCAT-20 Cable Committee Re: Comcast Form 394 Application

Cable Committee Chairman Andrew Morse explained to the Board that the transfer application allows for the same contract that the town now has with Adelphia to transfer to Comcast.  He explained that there is nothing we need to do other than sign the transfer application form.  The buyer is financially stable and able to provide the same services to the town.  

The Board asked for this item to be on the next agenda.

Change of matrix step for Officer Gregory M. Iworsky

Town Administrator, Nancy Wrigley explained that the Board hired Gregory M. Iworsky on August 15, 2005 At Grade XV, step 1, 14.57 per hour when he should have been hired at Grade XV, step 2, $14.94 per hour.

Chairman Harding motioned to adjust Gregory M. Iworksy’s hourly wage to Grade XV, step 2, $14.94 per hour.  Second by Selectman Nelson.  Vote:  Unanimous.

Letter from Bruce Mayberry, Planning Consultant Re: Impact fee assessment

Town Administrator Nancy Wrigley stated that she requested this item on the agenda in order to take a look at the information received from Mr. Mayberry regarding the updated fee schedule and decide if we are ready to hold a Public Hearing to accept the new fees.  Nancy added that she checked the zoning ordinance and the Planning Board have updated the School Impact Fee Ordinance.  The Board now needs to hold a Public Hearing to finalize and accept the new impact fees from Mr. Mayberry per the Impact Fee Methodology.  The Board then discussed that they were surprised that the increase to the fees were not higher due to the fact that we are in the process of building a new high school.  Nancy responded that Mr. Mayberry told her that part of the reason why we are not seeing a larger increase to the fees is that the new High School building is a lot bigger than what we need for our current student population.  Also the modulars at the Middle School and the Memorial School are not a permanent fixture, which are at a much lower cost per square foot.   

Selectman Nelson responded that he would like to review the figures the school gave to Mr. Mayberry for the calculation of the new impact fee schedule and he will be prepared to discuss this at the next Selectmen’s meeting.
New Business
Letter from Haul-Away, Inc. requesting permission to distribute brochures at the Transfer Station

Chairman Harding read a letter from Arthur M. D’Onofio, Vice President of Haul-Away, Inc requesting permission to distribute brochures at the entrance to the Transfer Station on Saturday, September 17, 2005 with a rain date of Saturday, September 24, 2005.

The Board agreed to this request since under the Rules, Regulations and Policy regarding the Town of Newton Transfer Station number three (3) allows for “all person engaging in business or personal activity, political activity or campaigning, or solicitation of the users of the Transfer Station for any purpose or reason or distributing any literature, flyers or handouts shall remain within the designated public use area.”    

The Board requested that a letter be sent to Haul-Away telling them that they are allowed to distribute brochures but they are to take special attention to not block the traffic and they need to work with the Transfer Station Manager, Roger Clark.

Appointment of Michael K. Hartnet as Assistant Building Official

Chairman Harding read a memo from Chief Building Official, Michael DiBartolomeo requesting that Michael K. Hartnet be appointed as an Assistant Building Official.  Mike stated in his memo that Mr. Hartnet has more than 9 years experience at the Hampstead Department of Building Safety, is a Master Plumber and has experience in all phases of construction and maintenance.

Chairman Harding motioned to appoint Michael K. Hartnet as an Assistant Building Official to the Building Department.  Second by Selectman Ulcickas.  Vote: Unanimous.
.  
Mr. Frank Scala, Superintendent and James Doggett, School Board Member
RE: Memorial School portable classroom occupancy issues

There was no discussion on this issue because Mr. Scala and Mr. Doggett chose not to attend.

Town Hall Security System

TA, Nancy Wrigley discussed that the Town Hall is in need of an upgrade to the Protection One alarm system.  Currently we have in place a working system but it is very outdated and the upgrade can be accomplished for $594.00.  Nancy added that Protection One will honor this price through January 2006 in case we need to wait until next year.  The Board questioned Nancy on the 2005 General Government Buildings budget in order to find out the balance remaining.  Nancy was unsure of the balance; it was decided to discuss this item at the next Selectmen’s Meeting.

Gale Library masonry work

The Board reviewed two estimates from Theresa Caswell, Library Director for masonry work to the front porch foundation of the Gale Library.  The Board concluded that until we know what projects need to be completed for the remainder of this year and the balance of the General Government building budget, no decision will be made tonight.  Selectman Nelson stated that he would stop by and check out the front porch of the Gale Library to find out the condition of the foundation.  The Board decided to discuss this item at the next Selectmen’s Meeting.




Mr. Keith Bisson Re: Burials in Newton’s Cemeteries

Mr. Keith Bisson discussed that he would like to know when the Cemetery Trustees had a meeting to discuss who would be responsible for the graving digging in the Town’s cemeteries.  Right now he is doing about a 1/3 of the work and someone is dealing with the rest.  Mr. Bisson added that the Bisson family has been in the grave digging business for three generations and has worked exclusively in Newton as a subcontractor with ACME vault.  The Board stated that no one has an exclusive contract with the Town.  TA, Nancy Wrigley added that the Bisson’s have never had a contract with the Town but that all three generations have been Cemetery Trustees.

Andrew Morse, Cemetery Trustee was present and stated when asked that the Trustees recommend a couple of contractors who work in Town.  Andrew added that the Cemetery Trustees have some bylaws and regulations but that they mostly follow state laws.  The way he understands the law under RSA 289:7 is that it is up to the funeral home or the deceased family who will handle the burial.   

The Board discussed with Andrew that the Trustees should have a meeting to discuss the rules and regulations and Mr. Bisson could contact the Trustees and request to be placed on the agenda.  

Mr. Bisson told the Board that he has two certificates from someone that recently dug two graves in Newton and he asked who will sign the certificate; he stated that when he calls ACME to dig a grave he oversees the job and signs the certificate.  The Board responded to Mr. Bisson to return the certificates to the person, who dug the graves, it would be their responsibility to take care of the signatures.

Announcements
Town of Newton Official Website (Newton-NH.gov) available on-line Tuesday, September 6, 2005

Selectman Nelson thanked Office Manager Mary Winglass for her hard work on the web site and stated that this will be an on going work in progress and to look for more information as we go forward.  Anyone with old town pictures is encouraged to send them in for consideration on the web site.    
 
Accept Minutes of Selectmen Meetings
Selectmen’s Public and Non-Public meeting minutes of August 15, 2005

Selectman Nelson motioned to accept the public meeting minutes of August 15, 2005 and the non-public meeting minutes of August 15, 2005 as written.  Second by Selectman Ulcickas.  Vote: Unanimous.

Reports from Department Heads

Chairman Harding motioned to go into non-public session under RSA 91-A:3 II (a) – Police Department & Planning Board personnel.  Second by Selectman Nelson.  Roll Call Vote: Selectman Nelson – yes, Selectman Ulcickas – yes, Chairman Harding – yes.  Vote: Unanimous.

Chairman Harding motioned to close to non-public session at 10:05pm.  Second by Selectman Ulcickas.  Per 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 Board’s decision to move Rebecca Gagne from part-time to full-time 40 hours per week with benefits effective September 11, 2005 and to send a memo to the Planning Board Administrative Assistant stating that they will look at her weekly hours at her six month evaluation for consideration for part time benefits as a permanent part time employee.

Review of Action Items
Adjourn

Chairman Harding motioned to adjourn at 10:05pm.  Second by Selectman Nelson.  Vote: Unanimous.

                                                                Respectfully Submitted,


                                                                Mary B. Winglass
                                                                Office Manager