NEWBURY BOARD OF SELECTMEN
MINUTES OF MARCH 3, 2003 MEETING
Selectmen: James Powell, David Kinsman, Richard Wright
Town Personnel: David Jescavage, Town Administrator; Shelly Candidus, Administrative Assistant; Del Harris, Building Inspector, Ron Williams, Planning Board
Interested Parties: Clyde Bacon, Tom Knott et. al., Marc Violette & Steve Hall (MCT Telecom), Harry Seidel, Janet Ward, Alice Lee (Argus-Champion)
The meeting convened at 6:37 p.m.
PUBLIC INPUT:
Tom Knott explained that he was a new seasonal resident on Grace Hill and he and neighbors (also present) are having difficulty obtaining cable television and expanded cable internet services from MCT. Adelphia can provide the services they want, but will not do so because they do not have a franchise agreement with the town, as MCT does. Knott asked if MCT would let Adelphia provide service to Grace Hill and if Adelphia agreed to do this, would the town allow this amendment to the franchise agreement? Powell responded that representatives from MCT would appear at 7 p.m. and the question could then be addressed.
Del Harris appeared to discuss several matters:
1. Regarding the Minerva site inspection with builder Brian Hurley, Harris said he is waiting to hear from the contractor before lifting the cease and desist order.
2. Regarding an approved building permit for a new house for Welsh, Harris said he had a problem with the tower room, which had no proper egress or exit. The plan has been revised and accepted by all concerned.
3. Harris said he has noticed a deck added to a new house at Mountainside for which no permit was issued. He stressed that more final inspections of completed building projects are needed.
4. Harris reported that the Nasson property on Old Province Road had a failed septic system and was in a poor state of repair. He submitted photos he and tenants have taken which document the condition of the septic and the house, inside and out. He believes the septic system is more than 50 years old and has been in failure for many years.
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Jescavage said town counsel advised that the owner should be notified that the property cannot be rented out until violations are corrected. If the property is sold, any potential buyer must be informed about the existing violations. Powell said it appears that the situation constitutes a health hazard. Del has a soil sample for state testing which Powell asked him to submit as soon as possible. Meantime, the property owner should be contacted and advised of the violations.
Wright asked Harris to compile a list of duties he thought appropriate for a Code Enforcement officer. Harris said he has a long list, with a Certificate of Occupancy requirement at the top.
Marc Violette and Steve Hall of MCT appeared to discuss the company’s current and planned cable capabilities prior to renewing the town’s franchise with MCT. Violette explained that since their merger with TDS Telecom last spring, their long-term plans are uncertain. MCT is in a reactive mode regarding adding channels and/or capacity. The cable portion of the company has not been profitable for MCT and its sale has been considered. Powell asked about MCT’s plans for normal maintenance and expansion. Violette said they will continue to maintain service as usual. Line extension costs will be shared with residents in areas of low density. This could be costly for the resident, depending on location and how far the lines would have to go. In many of these cases, it may be
cheaper for the resident to invest in satellite. Powell asked about internet access via MCT. Violette said they don’t have that capability. They do have DSL in areas where they have phone service, which includes about one-third of Newbury. Powell asked about TDS’s plans. Violette said they are taking a wait-and-see stance. Violette agreed to take questions from the attendees.
Knott explained that his property on Grace Hill Road was near the Adelphia service area. He and his neighbors want broad band, high speed service. Alelphia would provide this service if MCT would give them permission to do so. Violette said MCT’s contract with the town was not exclusionary and he will discuss the situation with Adelphia and let Knott know. Powell said the town had no objections. He repeated that the town would like to know if and when channel quality and expansion might improve. The board will investigate alternate service providers, and it would help to know TDS’s future plans, particularly for servicing small subdivisions, remote areas, and low density areas. For the Board of Selectmen, the issues were expanded coverage, additional channel capacity and
digital services. Violette will return to an upcoming meeting with a vice president for further discussions prior to renewing the contract.
Harry Seidel presented information to the Board regarding the status of the Fishersfield Master Plan. He reviewed the history of the town’s interest in the property from time of purchase (1998) through the initial topographical study done by Bristol Sweet in 1999. He cited a report generated by that study, including possible uses for the land, as well as a map of the site. He said that in 2000, the Fishersfield committee sought Wetlands approval of the plan
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without specifying any exclusive use of the site. Seidel said Wetlands approval is still pending since the proposed road must cross wetlands. A bridge will need to be erected to go across the wet area. Seidel reiterated the interest of the Velie family in establishing a memorial nature center/recreation area on the site.
Seidel will speak to this issue in regard to Warrant Article # 12. He asked if the Board of Selectmen would support this article. Powell said he is not sure he approves of taking such a large piece of land and restricting its use. He noted that the town has lots of open space and trails already in place. Janet Ward asked if Dianalee Velie could be introduced at town meeting in support of establishing a memorial for her family. Powell said this could be done, and the town Moderator or Seidel should introduce her.
REGULAR BUSINESS:
SEPTIC DESIGNS:
Hardy, Roger. Map/lot# 43-095-245. Approved.
Reilly, Richard. Map/lot# 43-125-427. Approved.
Habitat for Humanity. Map/lot# 17-354-229. As built approved.
BUILDING PERMITS:
Mitchell, Gerry. Map/lot# 07-064-065. Permit to add mudroom approved, special exception granted by ZBA.
Allen, Kevin. Map/lot# 29A-238-473. Permit for new house approved.
Shea & Sheary. Map/lot# 16A-289-472. Permit to replace mobile home with new house approved under proposed zoning ordinance 6.8.
PAYROLL & ACCOUNTS PAYABLE: Week ending March 1, 2003 approved. MINUTES: Minutes of February 12, 2002 Public Hearing on the Budget, Supplemental Budget Meeting on February 14, 2003, and February 19, 2003 Meeting and Public Hearings approved to file.
OLD BUSINESS:
Jescavage reported that grant money in the amount of $17,350 is available through the state for the Gillingham Drive Stormwater Management project. Prussman has said he will be able to do the road work next summer, meeting the matching funds requirement. The Board authorized Jescavage to sign grant funding requests.
Powell asked Jescavage for a print-out of all budget line items including funds approved last year, actual expenditures, and amounts requested for 2003. Kinsman asked for current balances in the Capital Reserve funds and expendable trust funds.
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NEW BUSINESS:
The Board reviewed the warrant articles and determined who would move to adopt, second, and speak to each article.
The Board signed Purchase Orders in the amount of $2,714.65 for winter sand from Graf and $2,154.09 for equipment maintenance/service with Nortrax.
The Board determined that they will meet on Friday, March 7th to open bids on closure of the old landfill. Notice will be posted of the meeting.
The Board approved an invoice of $14,781.38 from CMA for services connected to preliminary engineering work on the landfill closure during the month of January, 2003.
The Board signed a levy to collect timber tax in the amount of $1,519.20.
The Board signed a map submitted by the US Census defining the town boundary lines.No changes were required.
The Board decided not to obtain composters from NRRA, since these items are still available at the Transfer Station at a cost of $30.
The Board noted an invitation from an Emergency Management Consortium asking for town participation in a group concerned about hazardous materials. Powell asked that copies be supplied to the Board and the Fire Chief for further consideration.
With regard to highway equipment, Clyde Bacon suggested that using a trailer to store small equipment at job sites would save daily transportation time and wear and tear on the machinery.
NON-PUBLIC SESSION:
The Board voted to go into non-public session at 8:50 p.m. to discuss the proposed Land Use Board Assistant position. No decisions were made. The Board came out of non-public session at 9:05 p.m.
MEETING ADJOURNED at 9:10 p.m.
NEXT REGULAR MEETING: Monday, March 17, 2003, 6:30 p.m. at the Town Office.
________________________ ______________________ ________________________
James M. Powell David Kinsman Richard Wright
NEWBURY BOARD OF SELECTMEN
sc/Mar03/03
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