NEWBURY BOARD OF SELECTMEN
MINUTES OF FEBRUARY 19, 2003 MEETING
& PUBLIC HEARINGS
Selectmen: James Powell, David Kinsman
Town Personnel: David Jescavage, Town Administrator; Shelly Candidus, Administrative Assistant; Del Harris, Building Inspector
Interested Parties: Mr. & Mrs. Myles, Clyde Bacon, Dan Wolf, Dominick & Linda Minerva, Brian Hurley, Alice Lee (Argus-Champion)
The meeting convened at 9:05 a.m.
PUBLIC INPUT:
Dominick and Linda Minerva appeared with their builder, Brian Hurley, to discuss the Cease & Desist put on their building project on Gillingham Drive (map/lot# 51-192-429). Del Harris explained that he had been unable to inspect the wiring because the insulation was installed, even though he had spoken to the sub-contractor about his need to inspect before insulation went in. He had discussed this requirement with regard to past jobs with the sub-contractor. Harris was also concerned about the area where the new roof joins the old one. He is afraid it will not withstand the weight of heavy winter snow. In addition, the building is being constructed on a foundation four feet larger than that on the original building plans.
Brian Hurley will meet with Harris at the site today to discuss these problems and propose solutions. He has a revised foundation plan in hand. Mr. Minerva thanked Harris for his attention and apologized to the Board on behalf of his sub-contractor. The Board will await a report from Harris before lifting the cease and desist order.
PUBLIC HEARINGS:
1. Bond to cover Landfill Closure. Powell read the notice and explained that it was required to discuss a proposed municipal bond of $370,000 to cover the cost of closure of the old landfill at the Transfer Station. This will be an article on the warrant for vote at the 2003 town meeting. Powell said the state has requested that the town take steps to close the old landfill for many years. The town has resisted, since this is costly and repeated tests of wells at the site prove that no hazardous conditions exist. The water quality there passes all state requirements. During the past two years, pressure for landfill closure has increased. The state relaxed requirements and it appeared grant money would be
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February 19, 2003 Page 2
available to cover some of the costs. The town hired an engineering company to do a preliminary study and their estimate of the cost was $370,000 – much higher than was anticipated. Also, it appears that grant money to offset costs is limited. Therefore, the Board does not recommend this expenditure, but has decided to bring the issue before the town for consideration.
Powell added that there is new legislation in the House to allow small towns an exemption from mandated closure if water testing is satisfactory. If this legislation passes, we should be exempt. If not, the state could take us to court to comply.
Jim Myles said there was a related case in Milford. He asked if it would be feasible to have a federal inspection of the site and test results which could override state regulations. He also asked why there was only one bidder for the job. Powell said the work has gone out to bid and actual costs will
be determined when the bids come in (by March 7th). Mrs. Myles asked how large the area was. Powell replied it was about one and one-half acres.
Dan Wolf commented that landfill closure has been an issue for more than 15 years. He asked when the state passed new rules regarding this subject, and whether it was constitutional. He asked when the town established the present Transfer Station. Kinsman said in the late 1970s-early 1980s. Wolf asked if we had a state permit. Powell said we do, dating back to 1986, he believes. Well monitoring began in the 1980s and has been done quarterly or three times per year since then. Wolf asked how much the town has spent on monitoring to date, and what the engineering study fee was. Powell said around $50,000 for monitoring and $17,000 for the study. Jescavage noted that the old landfill was not grandfathered as exempt from closure because the town continued to burn on the site. Wolf said the
state never told the town that burning would invalidate the grandfathered status. He asked if we could have an interim closure. Powell said the board had looked into that possibility, but found that this would be a wasted expense, since final closure would still be demanded.
Wolf asked what the impact on the town would be if the warrant article did not pass. Powell said there was no way to know, but the board believed that the state would not press a case against us. Wolf remarked that in 1990, the state insisted the town join a neighboring community for joint trash disposal. We did not do this and saved over $40/ton in disposal fees. He is against adopting this article. Myles said if people understand the full costs, which amount to about half a million dollars, they wouldn’t approve it. Those total numbers should be available at town meeting. Bacon asked if the town has ever approved such a major expenditure without the approval of the Board of Selectmen. Powell said people do take such approval or lack of it into consideration. Bacon
asked if the landfill is closed, will well testing still be required. Powell said yes, it will. Kinsman added that the area will not be able to be used again.
The hearing was closed without further comment at 9:45 a.m.
2. A proposed warrant article to modify the elderly exemptions from property tax as follows:
65 years of age up to 75 years $30,000
75 years of age up to 80 years $45,000
80 years of age or older $60,000
To qualify, a person must have been a new Hampshire resident for at least 5 years, own the real estate individually or jointly, or if the real estate is owned by such person’s spouse, they must have been
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married for at least 5 years. In addition, the taxpayer must have a net income of not more than $15,000 or, if married, a combined net income of less than $22,900, and own net assets not in excess of $50,000 excluding the value of the person’s residence.
Powell explained that such an exemption was already in place, and this article simply raised the exemption amounts. There was no discussion. The hearing was closed at 9:50 a.m.
3. A proposed warrant article to adopt an exemption for the disabled from the property tax for qualified taxpayers in the amount of $30,000. To qualify, a person must have been a new Hampshire resident for at least 5 years, own the real estate individually or jointly, or if the real estate is owned by
such person’s spouse, they must have been married for at least 5 years. In addition, the taxpayer must
have a net income of not more than $15,000 or, if married, a combined net income of less than $22,900, and own net assets not in excess of $50,000 excluding the value of the person’s residence. Powell mentioned that additional exemptions from property taxes would appear in Articles 20 and 21 on the warrant. Myles asked if disability covered mental as well as physical disability. Powell said if the VA classifies a mental disability as service-related, the veteran would qualify to apply. There were no further comments. The hearing was closed at 10 a.m.
REGULAR BUSINESS:
SEPTIC DESIGNS:
Hardy, Roger. Map/lot# 51-664-534. Approved.
BUILDING PERMITS:
Clark, Jim & Donna. Map/lot# 07-151-122. Permit to remove old house and rebuild denied; 14.2 & 4.5, to ZBA.
Traub, Judwin. Map/lot# 31-258-473. Permit for new house approved.
Shea & Sheary. Map/lot# 16A-289-472. Permit to replace mobile home with new house held for additional information.
Minerva, Linda. Map/lot# 51-192-429. Revision to foundation on existing permit approved.
PAYROLL & ACCOUNTS PAYABLE: Week ending February 15, 2003 approved.
MINUTES: Meeting minutes of February 3, 2003 approved to file.
OLD BUSINESS:
Jescavage reported he had checked with Mulder about testing wells at the Transfer Station. Mulder will be able to do some of this testing, but probably is not equipped to do all of it.
Jescavage noted that bids on work to close the landfill are due by March 7th.
Jescavage reported that he was in contact with Virtual Town Hall about providing updated information on our web site. He is waiting for more information from them.
Regarding notification from Pike about increased asphalt costs for the Highway Department in 2003, Jescavage said Prussman had informed him that the increases will not effect orders he placed in 2002 for delivery in 2003.
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The Board reminded Jescavage to schedule meetings with department heads to discuss their goals and objectives for 2003.
Kinsman asked Jescavage to speak to Prussman about possibly obtaining a smaller loader/backhoe with a sweeper/dust control.
NEW BUSINESS:
The Board signed a timber tax levy in the amount of $1,888.78.
The Board signed four requests for abatements/refunds for duplicate payments of 2002 property taxes.
The Board authorized Jescavage to sign Wetlands applications for CMA’s proposed plan to cap the landfill.
The Board postponed discussion of a script for Town Meeting until all selectmen were present.
The Board met with Martha von Redlich to discuss the disposition of old tapes from meetings of the planning Board. Powell noted that tapes do not need to be kept after the minutes are done and approved. The Chairman of the board has discretion to save old tapes or erase and re-use them. Von Redlich was advised to check with Williams regarding this issue.
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MEETING ADJOURNED at 10:40 a.m.
NEXT REGULAR MEETING: Monday, March 3, 2003, 6:30 p.m. at the Town Office.
________________________ ______________________ ________________________
James M. Powell David Kinsman Richard Wright
NEWBURY BOARD OF SELECTMEN
sc/Feb19/03
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