Town of Greenfield
Selectmen’s Meeting Minutes
Thursday – August 31, 2006 – 5:45 pm
Present: Selectmen - Chairman, Conrad Dumas; Selectman, Aaron Kullgren; Selectman George Rainier
Selectman Dumas will call the meeting to order at 5:45 pm
Debra Davidson, Administrative Assistant was taking minutes
Appointments:
6:08 – Town Council, John Teague – Motion by Selectman Dumas at 6:08 to adjourn the Selectmen’s Meeting and move to the Administrative Assistant’s office to meet with counsel. Seconded by Selectmen Rainier & Kullgren. No discussion
6:30 pm - Motion by Selectman Dumas to reopen the Selectmen’s Meeting at 6:30 pm. Seconded by Selectmen Rainier & Kullgren.
Selectman Dumas explained the purpose of this meeting is to have Attorney Teague explain what he understood the intent of the warrant article voted regarding the continuation of a lease with the Greenfield Congregational Covenant Church as well as what action was voted on at the March 2006 Town Meeting.
Attorney Teague opened by stating that questions have risen after town meeting about town meeting, Teague stated is his familiar with the situation and is prepared to explain his interpretation of the meeting.
Spokesman for the church, Michael Sparling asked why did the extension of the lease have to even go to town meeting?
Attorney Teague explained recently towns have been under an obligation if they enter into long-term lease, purchase etc.; the Selectmen must obtain special authority from town meeting vote to do so. The old lease, probably written by the Board of Selectmen at the time, was very vague. The feeling of the current board, Attorney Teague stated he believes is correct; they are taking an action that future boards will adhere to and town history will follow, they should have special authority from the town, that is why it needed town meeting vote. This building is an important piece of town property and needs to allow the town to be brought in on this.
Attorney Teague further stated that “The United States Constitution and the level of this lease is why this article was brought to town meeting for vote”.
Sparling stated it is the church’s understanding why the warrant article went to town meeting was strictly monetary. The church’s position is that they brought a particular lease to town meeting to be voted upon, and that is the lease that is to be signed. They also believe that it was ever conveyed at town meeting to authorize the future negotiations of the lease. Discussion was brought up to table this at Town Meeting until a later date that was declined; Sparling further stated the lease presented at town meeting should be signed.
Attorney Teague stated he drafted the article and did it in the same manner in which he has all leases in the past have been written. If the Church understood the document they provided prior to Town Meeting was voted on, it should have been posted and available for review by voters to discuss the variables within the lease. Tapes of Town Meeting were vague and difficult to understand, most of the discussion was about whether the warrant article should be tabled or not. Teague was under no impression that the lease that was available prior to town meeting was not a final document but merely a working draft.
Sparling stated again the church understood that all the negotiations had been finalized.
Teague again stated he regrets the misunderstanding.
Sparling asked what is the true intent of the warrant article.
Teague explained unless a document was provided with the initials of the church leaders and Selectmen it was not legal document. Financials had not been agreed upon at the time of town meeting. He does not believe it was anything that could have been agreed upon in March. Teaque stated that he believes we can accomplish the completion of this lease, if we move forward. We did get the voters approval to continue with a relationship and should move forward. If we move forward then we will be carrying out the wishes of the voters.
Further comment that there have been threats of legal actions, we may have a challenge no matter what we do. We should at least consider maintaining this good relationship and do it as best as we can by following the United States Constitution. Teague stated that in his opinion, the draft that was available prior to Town Meeting did not closely consider the constitution. Discussion of the Constitution and the relationship between the Town and church followed. This must be looked at, we don’t want to provoke anyone to go away and feel betrayed, Teague discussed some major constitutional concerns, financial concerns and clarity of who owns what needs to be carefully looked at. Teague further stated the ownership of material property should be the last item to be discussed.
Discussion of the lease with the Crotched Mountain was discussed, Sparling asked does this lease violate the rights of residents and can residents use the old Town Office when Crotched Mountain isn’t?
Teague responded that no they cannot, this is a totally different situation. The lease needs to be reasonable; the respect for property, use etc., and rules can be implemented allowing for the assurance that anyone can use this space with a reasonable amount of negotiations.
Selectman Dumas asked Attorney Teague to speak to the paragraph in the rough draft of the church lease regarding the church be responsible for incurring legal fees if the lease is challenged.
Teague stated this did bring about some publicity and if the town signs on, they want a document they can defend. To go before Supreme Court is extremely expensive, if this lease is challenged then the tenant needs to have a commitment to this lease. Teague discussed it is unreasonable that the town be expected to spend tax dollars defending this document that will primarily benefit the church.
Chris Borden, is the letter from the organization a letter threatening the town due to this particular church or any church?
Judy Ierlan feels the voters of the town were misrepresented by the warrant article and also by the fact they briefly read the lease at town meeting, she thought that it sounded like they voted to review the lease in 2009 and then it is to be reviewed every 5 years.
Teague one option is hold a special town meeting, just for this purpose.
Sparling from church perspective they negotiated a lease and it was presented at town meeting and that lease should be abided by.
Teague believes the warrant article was a fundamental question that asked did the town want to continue the lease or not, it was clearly voted that the voters did want to continue the relationship.
Sparling there is only 2 ½ years left, the church feels that they are running out of time.
Teague there was no vote to end the relationship, he will work towards the completion of this lease.
Sparling if the church wants to continue moving forward, can John be at the negotiations?
Selectmen stated they would support that request.
Teague does think he has a copy of the most current lease
Maryann Grant asked for clarification if the lease is signed and agreed upon, her concern is the “lawsuit” that is hanging over the situation, if that takes place there is no guarantee who would win, this would delay the ability to move forward.
Teague has seen many of these letters; they do not have the resources to go around the country picking on any/all little constitutional issues. They have a right to do this, however maybe it won’t go forward.
Mrs. Ierlin stated she wants to see something done that is more productive and where they aren’t being pushed out the door.
Jerry Adams regarding the two proposed leases he has seen, has Teague helped write any of this?
Teague responded they were generated in house, but he did review them with the Administrative Assistant and worked on several areas.
Mr. Adams asked who pays Teague’s salary, have the Selectmen consider getting a second opinion on the lease.
Teague regarding the lease itself, the vote?
Selectman Rainier thought that church’s legal opinion should be considered as well, Selectmen don’t know if that has happened or not.
Selectman Kullgren commented that Sparling is here as church representative, the Board understands what went on at town meeting, how/when can we get this going forward is now the topic.
Sparling discussed that sometime ago the Church sent the Board a letter asking for some items to be addressed, one of the issues was for Selectman Dumas to step down, is this going to address this?
Selectman Rainier stated the Board did discuss the letter and does not see any reason for Dumas to step down.
Sparling needs to go back to the leadership committee and see what they want the church to do.
Selectman Kullgren stated that speaking for himself, he wants this to be resolved.
7:00 – Donald Trow, logger; Duffy Fox, D.P.W. Super and Karla Allen, Town Forester –
Discussion followed regarding using the Class VI portion of Blanchard Hill Road to “pull” logs to Dunklee Hill Road for the property identified as R7-11-2 & 11-2-1 timber cut. A road bond $5,000 - $10,000 will be needed per Duffy.
Karla stated she would like to go out to the sight with Mr. Trow and see exactly where the landing is going to be set up. She would also like to know how far out into the road it is going to be, all three will meet out there on Tuesday morning at 6:00 am to review the landing.
Mr. Trow stated the distance on the road is approximately 5-6 hundred feet that he would be pulling logs on. The walk on Tuesday morning will determine the bond amount, if any trees are cut on the road there will need to be a public hearing since this is a scenic road, unless the property owner owns the road.
7:30 – Trails Association, Karla Allen – to discuss the letter to the editor from Hunter Carbee. John Hopkins contacted the Administrative Assistant and asked if they can schedule a time for you to do a walk through on the trail. They discussed a visual would help you all understand this situation better. Karla provided the Selectmen with a letter the Greenfield Trails Association will be sending to Hunter Carbee. Karla discussed the project learning tree and donations that had been provided; after the program was set up Hunter Carbee stated the trails association had been on their property. Discussion regarding what had transpired between Hunter and Karla with regards to the Project Learning Tree program, and the how it appears to have affected Hunters relationship with the
GTA.
8:00 - Annina Webster – Old Town Office parking lot. Mrs. Webster requested to meet with the Selectmen to discuss what is the situation with Crotched Mountain leasing the Old Town Office. Selectman Dumas explained the Peak Performance project. Selectman Rainier discussed the informational meeting that was held on August 17, 2006 and how it took place.
Mrs. Webster asked about the sewer system?
Rainier responded that there was a stub put onto the end of Francestown Road to allow the building to hook in; Crotched Mtn. has agreed to incur the expenses to maintain the building.
Mrs. Webster asked about the parking lot?
It will be maintained, and again Crotched Mtn. will be making the improvements
Mrs. Webster would like to be notified when the work is started.
Regarding the dead tree, we will have Duffy take a look at it and determine who owns the tree, if Town does, we will remove it. If Mrs. Webster owns it, she will need to remove it.
On-going Business:
Wage & Benefits – Evaluations
Personnel Policies
Sealing & Striping parking lot – Hold until ramp is done.
Other Business:
Selectmen Approval –
· P/R & A/P checks and Invoices
· Minutes – accept 8/24/06
· Intent to Cut forms – R7-11-2, 11-2-1 & R3-3
· MS-5
Selectmen accepted the resignation of Sheldon Pennoyer from the Planning Board with regret.
September 14th Selectman Dumas will not be available, this will be on the agenda next week to be discussed how to handle.
Molly is unable to attend the staff meeting she can attend a different meeting if the board would like. No decision was made.
Discussion –
· Sam & Donna Abbot – Mr. Abbot called and said that when the drainage was installed for the Waste Water Project his driveway was damaged – Administrative Assistant recommended Mr. Abbot contact Bob Daigle from UEI. Mr. Abbot did this, Mr. Daigle said this was the first he had heard of the situation, believes things were done properly and that SCI, UEI or the Town does not have any responsibility for this. There is nothing in writing on file, neither Catherine or Deb recall ever speaking to Mr. Abbot about this, with the exception of two weeks ago when he called the AA.
· Student residency – Two people have signed affidavits swearing they reside in Greenfield; the SAU contacted the Town Office and indicated these people do not reside in Greenfield. Selectmen instructed the Administrative Assistant to turn this over to the police to investigate and process, she will also contact the SAU to notify them not to charge the Town of Greenfield for the children.
· Blue-B-Que – discussion whether to waive the town portion of overhead for police? The total is $126.00; this fee was waived last year. Motion by Selectman Rainier to waive the $126.00 overhead fee for the police coverage at the blue-b-que. Seconded by Dumas. Discussion followed; Kullgren believes the Oak Park Committee should pay the expense, Dumas explained the reason for waiving this in the past – Dumas suggested that maybe we should ask for the financials before making a decision. This will be tabled at this time until we have the financials available.
· Sewer Hook-up - Duffy asked if the Board wants the sewer line to be pressure tested from the old town office? Selectmen stated that they do, everyone else needs to have this done so the town needs to as well.
· Monitor Wells - Replacement of monitor wells was discussed – there is a guy in Lyndeborough that does that work & is certified, Duffy will get the information and provide it to the office.
· Perambulation - Perambulation letter for the town line (Francestown) Wed. Sept. 20th, 9:00 am. Administrative Assistant will send a letter thanking them, will try to find someone – Selectman Rainier would like to go, but the time would need to be earlier.
· Welfare - Chris Lavery letter offering to be Welfare Director, Selectmen instructed Deb to contact Ms. Lavery and inform the Board what is discussed.
· Spirit notes – Selectmen reviewed notes to be submitted
With no further business the Selectmen adjourned the meeting at 8:30 pm. The next scheduled meeting will be Thursday, September 7, 2006 at 5:45 pm
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