SELECTMEN’S MEETING MINUTES
June 16, 2008
Call to Order
Chairman Donovan called the meeting to order at 6pm. In attendance were Chairman Robert S. Donovan Jr., Selectman Trisha J. McCarthy, Selectman Raymond D. Thayer, Town Administrator Nancy J. Wrigley and Office Manager Mary B. Winglass. The meeting was audio and video taped; the minutes were transcribed and typed by Office Manager Winglass.
Chairman Donovan motioned to go into nonpublic session under RSA 91-A:3 II (a) Building Department and Transfer Station. Second by Selectman McCarthy. Roll Call Vote: Chairman Donovan – yes; Selectman McCarthy – yes; Selectman Thayer – yes. Vote: Unanimous.
Chairman Donovan motioned to close the nonpublic meeting at 6:20pm. 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 circumstances no longer apply except to announce the Board’s vote to move Transfer Station and Facilities Manager Andrew Morse from Grade XV, step 1 to Grade XV, step 4 effective May 25, 2008.
· 6:20pm – Open Cable TV Equipment Bids
The Board opened the two bids received for the Cable TV equipment bids from the following companies;
Great Northern Video, LLC from Pembroke NH for a total cost of $20,695.00 includes equipment, installation, mount and train.
Soundvision Custom Home & Business Audio Video Systems from Rochester, NH for a total cost of $23,215.00 which includes equipment, installation, training, programming and setup.
Both companies submitted a Certificate of Liability Insurance. The Board decided to have Andrew Morse, Cable Committee to look at the bids and to give his recommendation to the Board at their next meeting.
Chairman Donovan motioned to recess the public meeting at 6:30pm in order to go to the Newton Middle School for an informational meeting regarding a proposed 742 acre water franchise by Hampstead Area Water Company. Second by Selectman Thayer. Vote: Unanimous.
Chairman Donovan motioned to reconvene the public meeting at the Newton Middle School at 7:11pm. Second by Selectman McCarthy. Vote: Unanimous.
Chairman Donovan stated that tonight’s guest speakers are from Hampstead Area Water Company (HAWC) and the Public Utility Commission (PUC).
Mark Naylor from the Public Utility Commission was asked to attend tonight’s meeting to help explain the water franchise and the role of the Public Utility Commission. Mr. Naylor explained that the Commission received a petition to franchise a limited area in Newton with the purpose to serve the newly-developed subdivision known as Sargent Woods off of Smith Corner Road. Mark stated that the Hampstead Area Water Company is well known for they have many franchise areas throughout the State and has proven their qualifications to own and operate a water system. Mr. Naylor was asked if the PUC asked HAWC to enlarge the franchise area in order to reduce having many small franchises areas within the State. Mr. Naylor responded that the Commission did not ask them to expand the area of the franchise and that it
is the job of the PUC to consider the expanded franchise.
Mr. Naylor referenced the fact sheet handed out by the Hampstead Area Water Company to help explain the franchise:
· The award of a Franchise is a Right to do business as a Public Utility within the awarded franchise area.
· The award of a Franchise is based upon demonstrating that the Company has Management and Technical expertise and financial and technical resources.
· The award of a Franchise does not prevent the municipality, other homeowners, condo associations and homeowner associations from having its own water systems within the franchise area.
· The award of a Franchise is in the business of operating community water systems not bottling water.
· The award of a Franchise requires DES (Dept of Environmental Services) that all community water systems to be approved as to the amount of water withdrawn before the company can operate a community water system.
· The award of this Franchise requires that the Sargent Wood system is only approved to serve those residents in Sargent Woods.
Mr. Naylor added that the Public Utility Commission is made up of three members, appointed by the Governor, who are the decision makers and explained that he is a staff member who works for the Commission and his recommendation to the Commission is to hold a hearing.
Over 150 attendees were present and Mr. Naylor fielded many questions, many which needed to be directed to Hampstead Area Water Company.
Mr. Harold Morse, President of Hampstead Area Water Company responded to many questions regarding the proposed franchise expansion. Mr. Morse explained that HAWC presently operates in 12 communities and the wells are already in place at Sargent Woods. Mr. Morse stated that no water is to be taken off the property, HAWC proposed for a new water service to an approved 80 unit subdivision known as Sargent Woods. Residents were all in agreement that they were absolutely not in favor of the expanded franchise. State Representative Mary Allen stated that based upon the information presented tonight and the response of those present, it is clear that Hampstead Area Water Company would receive approval from the Town if the franchise was reduced to the Sargent Woods property only.
Concerned residents spoke of current problems with their wells and the expense of having to drill a new well and what are the alternatives if you live just outside the franchise area. Mr. Morse responded that the option is to petition the State to expand the franchise area.
Planning Board member James Doggett stated that one of the conditions for subdivision approval for the Sargent Woods Subdivision states that water properties could not be sold until the property has been built out and the homeowners could make the final decision.
Leigh Komornick, Plaistow Town Planner spoke about the significant water issues facing residents who live over the border from Newton in Plaistow. Ms. Komornick asked where the analysis with approving water systems is and who is looking out for the townspeople? Mr. Morse responded that the wells have already been approved by the State.
Mr. Morse explained the cost for a customer using HAWC includes an annual base charge per customer of $100, consumption rate per 100 cu ft is $3.71.
A question was asked as to what is the sense of how much water will be drawn from the wells and what has the town done to prove that the aquifer can substantiate the new construction in the area. Mr. Morse responded by saying that there will be no difference whether there is a franchise or not, the water output will not change for it will be used by the residents of Newton only. Mr. Morse explained that the franchise will manage the wells in regards to water quality and the provision of water to each resident.
Planning Board member James Doggett explained that when the application for HAWC was brought before the Planning Board, water withdrawals were not to exceed 24,000 GPD and that three wells are to be tested when the drawdown test is conducted (Royce, Nawoichyk and St. Jean).
State Representative Kim Casey spoke on her concerns with starting a for profit company in the town. Rep. Casey discussed that a certain number of wells will drop down based upon the new development and whether or not we want a for profit company to sell us a commodity. An analogy was made that this franchise is for a water utility but other utilities such as oil companies and gas companies are for profit with the intention of making money. There should be a concern when a company comes into town to sell the essentials of water.
Selectman Trisha McCarthy added that she has spoken to the other developers in the franchise area and they have not been contacted by HAWC nor are they in favor of the franchise area.
Town Attorney Sumner Kalman explained that the Town of Newton filed a motion to intervene with the Public Utilities Commission (PUC) in response to HAWC’s petition to expand its Franchise Area within the Town of Newton, for permission to operate a well field and water system within the Town of Newton and within the area hereby petitioned for expansion and for approval of acquisition of assets and for approval of the application of the existing rate to this franchise area.
Attorney Kalman read a portion of a letter addressed to the Atkinson Planning Board from HAWC General Counsel Robert Levine that states that the “ability of a utility to provide service is regulated by the State through PUC and DES, the Planning Board need only know that service for a development will be proved by these State regulated utilities. The Planning Board need only to accept the representation from the utility that service is available and will be in place upon completion of construction. The building inspector can verify installation and can verify capacity with the utility. Otherwise the provision of utility service and the ability of the utility to do so are solely within the jurisdiction of the PUC and DES, as applicable.” Attorney Kalman commented that it seems that this franchise would
limit the local Planning Board to enforce the town regulations and the authority and control over their jurisdiction in regards to new development within the franchise area.
Mr. Mark Naylor added that the application for the franchise is before the PUC and his recommendation to the Commission in the next couple of weeks will be to schedule a hearing in Concord. All those present asked for the Commission to hold the meeting in Newton in order for all to attend. It was discussed that there was not one person in favor of this franchise and all present wanted the opportunity to attend the public hearing held by the Commission. Mr. Naylor responded that the Commissioners are the decision makers and the matter is for them to decide.
Adjourn
Chairman Donovan motioned to adjourn at 9:03pm. Second by Selectman McCarthy. Vote: Unanimous.
Respectfully Submitted,
Mary Winglass, Office Manager
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