SELECTMEN’S MEETING
May 1, 2006
I. Call to Order
Chairman Nelson opened the meeting at 6:47pm. In attendance were Selectman Robert S. Donovan, Jr., Selectman John P. Ulcickas, Chairman Gary F. Nelson and Town Administrator Nancy J. Wrigley. Minutes were transcribed and typed by Office Manager Mary B. Winglass.
Chairman Nelson motioned to go into non-public session under RSA 91-A:3 II (c) – tax lien. Second by Selectman Donovan. Roll Call Vote: Selectman Ulcickas – yes, Selectman Donovan – yes, Chairman Nelson – yes. Vote: Unanimous.
Chairman Nelson motioned to close the non-public session at 7:00pm. 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 that the Board motioned to abate the outstanding year 2000 property tax lien of $1,487.12 plus interest and penalties for the location of 3 Georges Way Map/Lot 007-03-1414.
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PUBLIC HEARING – DISCRETIONARY PRESERVATION EASEMENT
Chairman Nelson opened the Public Hearing to discuss, take public comment and act upon an application by Nicol Farm Partnership of 26 Merrimac Road, Tax Map 12, Block 6, Lot 15 for a Discretionary Preservation Easement to be placed upon the property in accordance with RSA 79-D.
Chairman Nelson called the Public Hearing to order at 7:05pm.
Town Assessor Andrea Lewy discussed that Mr. Raymond Nicol and Michele Nicol-Fitzgerald, owners of 26 Merrimac Road submitted an application for a Discretionary Preservation Easement in accordance with RSA 79-D for a term of (15) fifteen years. The historic structure is believed to be a “kit” barn built in 1904 and is historically significant for it represents the national transition from locally milled and on-site erected barns to off-site pre-cut followed by assembly on site.
The easement would help preserve the barn for the purpose of a public benefit as a scenic enjoyment to the public as the barn is at least 75 years of age and historically and physically contributes to the cultural integrity of that period of time. This state law allows property owners some help with the cost of these structures to help preserve them by giving them a tax incentive.
Ms. Lewy stated that currently this structure is assessed for $32,200 and she visited the barn recently and reported that the Fitzgerald’s have put a lot of money into the barn. With the current tax rate, the tax incentive would be approximately $400 per year. The $400 tax incentive must be put back into the structure with the intent to preserve the barn.
Michele Fitzgerald spoke on the history of the barn and the efforts they have taken to repair the barn. The tax incentive will help to offset the cost of repairing the barn from an era gone by versus tearing it down and building a new structure. This structure can be seen from Merrimac Road and satisfies the historic portion of the state law as it is over 75 years of age and provides scenic enjoyment by the general public. The farm will continue to pay taxes on the structure but there will be no increase over the period of the easement. Pictures were shown of both before and after the repairs were made to the structure.
Aaron Sturges, owner and president of Preservation Timber Framing spoke on the repairs the farm contracted his company to complete. There are very few barns like this in New England and it is an unusual and vanishing resource. The repairs include traditional timber with in-kind repairs. What made this project very unique for Mr. Sturges is that this is a working farm which makes it purposeful as it is used in an agriculture use. The tax incentive would be used for the long term maintenance down the road.
Ms. Lewy discussed that the town would hold the easement and it would be the town’s responsibility to enforce the easement. The easement would be recorded at the Registry of Deeds and there would be a penalty assessed and would be applied if the easement was terminated before the expiration date.
Mr. Stephen Cushing, prior Selectman, who has also been working with Mr. Sturges on the barn restorations addressed the public interest in securing this easement. Mr. Cushing stated that one of the places for the Selectmen to get guidance is the town’s Master Plan. Several places in the Master Plan references the goal of preserving historic buildings. This is a perfect opportunity to partner a significant preservation effort without a cost to the town. Mr. Cushing added that he has been working on the barn since last October on timber frame repairs and it has been an amazing restoration.
Mary Marshall, President of the Historical Society spoke in favor of preserving the barn and recommends that the term of the easement be 50 years instead of 15 years and further stated that that it is her understanding that the easement provides for the land necessary for the function of the building to be part of the easement. Ms. Marshall stated that since the barn is used for storing hay and for housing horses, it is her understanding that the land used for growing the hay should be included in the easement and would prohibit any building in the area and protect the line of sight of the barn from Merrimac Road.
Michele Fitzgerald responded that when she researched the provisions and eligibility of the easement, her understanding of the law regarding the land necessary for the function of the building includes the footprint of the building with the ins and outs. The land is already in current use so it is already in a state program. Chairman Nelson questioned if we could do something or look at something with the Conservation Commission to help preserve the rural agricultural benefit to the town.
Donna Cushing, prior Conservation Commission member for many years discussed that the Fitzgerald’s are very conservation minded, the land is already in current use and to place a easement such as what was done on Hidden Acres took 4 to 5 years to get the whole thing in place.
Assessor Andrea Lewy added that the property is currently in current use except for the land area that encompasses the house and barn. Penalties would be imposed if they took it out of current use. The minimum term for a Discretionary Preservation Easement is 10 years and the Fitzgerald’s have applied for a term of 15 years. The easement would place a lien on the property however the Board has the discretion to include in the easement what stipulations, requirements and time frame they feel would be in the best interest for the town.
The Board stated that this if the first time they have seen the easement. Ms. Lewy informed the Board that they do not need to render a decision tonight, but they are required to supply a written decision 60 days after receiving the completed application, which is dated April 5, 2006. The Board agreed that they would review the easement along with the information pack given to them this evening to get a better understand of the whole project before making a decision.
Chief Building Official Michael DiBartolomeo discussed that he has been involved with this project through the building permit process and it has been interesting from the beginning and it has been an amazing project. They have done an incredible job and it is a real compliment to the community and would be well worth a trip out to see the barn. Mr. DiBartolomeo added that the barn has not had any electrical work done to it for some time therefore they need to address the lighting system.
Michele Fitzgerald invited the Board to come out to see the barn to view what work has been done. The Board agreed to conduct a site walk on Saturday, May 6, 2006 at 8:30am.
Chairman Nelson closed the public hearing at 7:40pm.
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PUBLIC HEARING – DONATIONS TO THE NEWTON FOOD PANTRY
Chairman Nelson opened the Public Hearing to discuss, take public comment and act upon accepting and expending three donations totaling $170.00 to the Town of Newton Food Pantry.
Chairman Nelson opened the Public Hearing at 7:38pm.
Chairman Nelson announced that the town received donations at the end of last year totaling $170.00 to the Newton Food Pantry. It is the responsibility of the Selectmen to accept and expend the funds.
Chairman Nelson motioned to accept and expend $170.00 to the Newton Food Pantry. Second by Selectman Ulcickas. Vote: Unanimous.
Chairman Nelson closed the Public Hearing at 7:42pm.
II. Introduction of Guests
III. Old Business
A. Letter to Verizon RE: Signage on Telephone Poles
Chairman Nelson discussed that Town Administrator Nancy Wrigley sent a letter to Verizon on April 19, 2006 requesting their permission for the town to remove the signs from the telephone poles in town.
Mr. Earle Pierce of Verizon called and stated RSA236:75 “No Advertisements of any kind upon certain objects” is in effect now and can be enforced by the Board or the Chief of Police or their designee. He stated that Verizon does not have the resources to have their personnel come out and remove the signs from their poles as they have thousands of poles in the State of NH and cannot patrol them all. There are no permits issued in Newton requesting the use of the telephone poles for signs. If the Board wanted to remove these signs, they can do so however, he hesitated to put something in writing stating there can be no signs on the telephone poles without a permit. A lot of towns hang road/street signs on the telephone poles and it is not the intent of Verizon to have them removed.
Should the town or any residents want to get permission to use their telephone poles for signs or banners, they can contact Verizon at 1-800-641-2299 for the permit application.
Chairman Nelson stated that the telephone signs in town are cluttered with signs and they look awful. The Board discussed having the Road Crew take down the signs and/or calling the phone numbers on the advertisements. The Board agreed to have the Road Crew take down the signs and if we get complaints then we will inform them of the permitting process through Verizon. The Board discussed the possibility of revising the town sign ordinance. Chief Building Official Mike DiBartolomeo stated that he would be willing to work with the Technical Review Committee on this revision.
B. New Town Ordinance review
Noise Ordinance
Police Chief Streeter was present and discussed the “draft” ordinance he prepared to regulate noise and to provide for the promotion of public health, comfort, convenience, safety, welfare, prosperity and the peace and quiet of the town and its citizens.
Chief Streeter added that this policy would allow for the enforcement to regulate any loud noise, unnecessary or unusual noise or any noise which annoys, disturbs, injures or endangers the comfort, repose, health, peace, or safety or others during the hours of 10pm and 7am, seven days per week.
Peddling and Soliciting Ordinance
Chief Streeter stated that this “draft” ordinance came about after we had some problems last year when calls came into the Police Department regarding a door to door salesman, who according to the calls was very assertive and some women felt threatened. Solicitation for Charitable Events would require approval by the Board of Selectmen. Hawkers, Peddlers and Vendors would be required to complete an application form issued by the town and shall include a complete identification, the employer information, product information and the proposed method of operation.
Chief Streeter added that without the ordinance we do not know who is out there and does not give the town the authority to tell them that they cannot solicit.
Country Pond Parking Ordinance
Chief Streeter and the Board of Selectmen discussed that they are preparing an ordinance for parking near the boat ramp on Country Pond (Wilders Grove Road) due to the fact that there is no site distance and the increased traffic in the area during the summer months. Chairman Nelson stated that he would like to see the area posted for “Residents Parking Only”. A resident sticker prominently displayed would be necessary to park in the area. Where there is a sharp turn in the road, the road will be posted with “No Parking” signs. Chief Streeter is working on completing a final “draft” ordinance for the Board to review.
Parks and Recreation Areas Ordinance
Chairman Nelson thanked everyone who participated in cleaning up Greenie Park and for the signs that were donated by Newton Little League. It shows we have pride in our community.
The Board reviewed a “draft” ordinance to establish rules and regulations for all town parks, conservation land, commons and recreation areas. There was much discussion on the regulations and whether they are enforceable. The ordinance specifically listed rules and regulations for the Town Beach, Greenie Park and Town Properties. The Board first discussed the listing of rules for the Town Beach. After much discussion, it was decided to take out “no profanity” as it is unenforceable. “Proper swim attire encouraged” was discussed as the language is very vague and open to may interpretations. Further comments were made that the best way to handle this rule would be to list what is not accepted such as thong bathing suits.
After reviewing the rules for Greenie Park, the Board agreed to take out “no profanity” and to change “No unauthorized use of the ball fields or concession stand” to “Official use of the ball fields or concession stand shall come under the control of the Recreation Commission”.
The Town Property rules were reviewed and a discussion ensued regarding the rule of “Fires are permitted after securing a permit from the Town Fire Warden or authorized deputies”. This rule may already be covered by the State RSA’s. Another change discussed was “Sleeping during the nighttime hours is prohibited unless permission granted from the Board of Selectmen” should be changed to “No overnight sleeping permitted unless permission granted from the Board of Selectmen”.
Conservation Commission Chairman Trisha McCarthy talked about the Commissions concerns with adding “conservation” land to this ordinance. But after further discussion, decided to talk to the Conservation Commission members at their next scheduled meeting for these rules may help to enforce basic rules and the enforcement action on Conservation land.
A slight change was made to the effective date. It will read “This ordinance shall take effect upon passage of the Board of Selectmen and publication of public notice and filing with the Town Clerk”.
C. 2006 Appointments
Chairman Nelson stated that at the last Selectmen’s meeting, the Board did not sign the appointments for the Building Department for the Board wanted to first have a conversation with Mike DiBartolomeo, Building Inspector about Code Enforcement. Chairman Nelson stated that Mr. DiBartolomeo is already working on some code enforcement for the town and is willing to work with the Selectmen on enforcement issues.
Chairman Nelson added that the Board had every intention of re-appointing the Building Department employees and the Board did not feel rushed for appointments are good until a successor is appointed. It was brought to the Boards attention that “until a successor is appointed” was removed from all appointments by the Board of Selectmen two years ago because appointees were not coming in to be re-appointed. Mr. DiBartolomeo requested the Board to not include an expiration date on the Building Departments appointments. Since April 15, 2006 the Building Department was operating without appointments and this is a concern for if anyone was injured on the job would they be covered under workman’s compensation. Mr. DiBartolomeo stated that he contacted the state and since they were still being paid by the
town and they had not been dismissed or terminated, they would have been covered but it still raises concerns about the moral of the department’s employees. Right now the department has five inspectors with over 30 years of experience in the field. This is a great asset to the community as the department is very thorough and is strict when dealing with building code requirements.
Chairman Nelson added that he heard that it is a two hour appointment when conducting the final inspector for an Occupancy permit. Mr. DiBartolomeo responded that the checklist is very long and the inspectors are very thorough.
Selectman Ulcickas motioned to appoint Michael DiBartolomeo as the town’s Chief Building Inspector effective April 17, 2006 until a successor is appointed; appoint Kristopher Emerson as Assistant Building Inspector effective April 17, 2006 until a successor is appointed; appoint Michael Hartnett as Assistant Building Inspector effective April 17, 2006 until a successor is appointed; appoint Ronald Lemere as Assistant Building Inspector effective April 17, 2006 until a successor is appointed; appoint Robert Morache as Assistant Building Inspector effective April 17, 2006 until a successor is appointed. Second by Selectman Donovan. Vote: Unanimous.
Selectman Nelson motioned to change the title of the Building Inspector and the Assistant Building Inspectors to reflect the State RSA 155-a which states the title of Chief Building Official and Deputy Building Official. Second by Selectman Ulcickas. Vote: Unanimous.
Cable TV Committee
Chairman Nelson motioned to appoint Scott Bradstreet to the Cable Committee TV Committee for one year. Second by Selectman Ulcickas. Vote: Unanimous.
Board of Appeals
Chairman Nelson stated that the Board approves and confirms the Zoning Board of Appeals appointments. Two member are up for re-appointment; Dana Allison and Thomas McElroy
Chairman Nelson motioned to approve the appointment for Dana Allison as a member of the Zoning Board of Appeals as of April 24, 2006. Second by Selectman Donovan. Vote: Unanimous.
Chairman Nelson motioned to approve the appointment for Thomas R. McElroy as a member of the Zoning Board of Appeals as of April 24, 2006. Second by Selectman Donovan. Vote: Unanimous.
D. Transfer Station Mgr. Roger Clark RE: Add’l fence proposal and addendum to solid waste contract
Transfer Station Manager Roger Clark proposed two fencing options to help reduce the line of site of the metal pile to the residents on Brookside Lane. One option is to put up 3 - 8 x 8 stockade panels for $1,030 and the second is for 3 – 6 x 6 stockade panels for $590. Mr. Clark recommended to the Board that we put up the 8 foot fence to help block the storage area for refrigerators and air conditioners. Mr. Clark added that he has the funds to pay for the installation of the fence in the repairs line item of the Solid Waste budget.
The Board discussed the proposed state law that would require all towns to enclose the entire Transfer Station with a fence. Mr. Clark responded that the location of the panels would lead to a natural progression if/when the state requires that we enclose the area.
Selectman Ulcickas motioned to accept the proposal from Dillon Fence Company in the amount of $1,030 for the installation of 3 - 8 x 8 stockade fence panels at the rear of the metal pile area to come out of the Transfer Station budget repairs. Second by Chairman Nelson. Vote: Unanimous.
Solid Waste Contract
Transfer Station Manager Roger Clark informed the Selectmen that after looking at the addendum given by Jason Mello of G. Mello Disposal with Town Administrator Nancy Wrigley and Office Manager Mary Winglass, it was determined that we have been given three prices for hauling of the glass recycling. The original contract hauling fee for year three of the contract was $75.00 per haul; the last invoice dated March 31, 2006 billed the town $100 per haul and the addendum hauling fee is listed at $125 per haul.
Mr. Clark stated that he spoke with Jason Mello and the increase is due to a change with hauling the glass to his facility versus to Georgetown. The town just recently started using G. Mello Disposal for the glass recycling due to the Selectmen requiring that we use a covered container to keep the water out, therefore eliminating a mosquito breeding area. Mr. Mello told Roger that the hauling fee for the glass is $100 per haul. The Board discussed that the signed contract is for $75 per haul and shouldn’t Jason Mello honor the signed contracted price. Mr. Clark responded that the Board can hold out for the $75 per haul, but Mello could tell the town that they would not be able to haul the glass for that price and with approximately a haul every four months, the increase would cost the town $100 per year.
Mr. Clark stated that he would contact Mr. Mello when he returns from his honeymoon on May 8, 2006.
Chairman Nelson discussed that when he drove by the Transfer Station the other evening around 11pm, the gates were open and nobody was inside. He called the Police Department to have them check out the area. Mr. Clark informed the Board that he has spoken to the haulers about locking the gates when they leave.
The Board questioned who has keys to the Transfer Station? Mr. Clark responded that the road crew has keys as well as the haulers, Fire Department and Police Department. The road crew uses the Transfer Station to bring in brush and trash picked up along side the road.
The Board asked that a memo to be sent to the Road Crew asking them to make sure they lock the gates at the Transfer Station.
IV. New Business
A. Letter from Rockingham County Dept of Corrections RE: Project
Community Phase II
Chairman Nelson read a letter from Rockingham County Department of Corrections who is offering Project Community Phase II which consists of a work force of Sentenced inmates who have been classified as minimum security risk. The municipalities within Rockingham County may utilize the work force and a Certified Correctional Officer accompanies them.
The Board asked that all departments look at any need they may have with painting, raking for cemeteries, ball fields and playgrounds, roadside trash pickup and cleaning of nature trails. Once we have a list of jobs we will forward a letter of interest with a brief description of the work to be performed.
V. Announcements
· Chairman Nelson thanked Newton Little League for helping with the opening of Greenie Park and for the donation of two new signs.
· Chairman Nelson announced that the next meeting of the Master Plan Committee is this Sunday at the Town Hall from 2pm to 4pm. This is an opportunity for your voice to be heard regarding the future of Newton.
VI. Accept Minutes of Selectmen Meetings
Chairman Nelson motioned to accept the Selectmen’s Public Meeting minutes of March 26, 2006, April 3, 2006 and April 12, 2006 as written. Second by Selectman Ulcickas. Vote: Unanimous.
Chairman Nelson motioned to accept the Selectmen’s Non-Public Meeting minutes of April 3, 2006. Second by Selectman Ulcickas. Vote: Unanimous.
VII. Reports from Department Heads
VIII. Review of Action Items
IX. Adjourn
Chairman Nelson motioned to adjourn at 9:50pm Second by Selectman Ulcickas. Vote: Unanimous.
Respectfully Submitted,
Mary B. Winglass
Office Manage
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