Town of Greenfield
Selectmen’s Meeting Minutes
Monday - April 23, 2007 – 6:00 pm
Present: Selectmen - Selectwoman, Karen Day; Chairman, Aaron Kullgren; Selectman, Jarvis Adams, IV
Administrative Assistant, Deb Davidson taking minutes
Selectman Kullgren called the meeting to order at 6:00 pm
Appointments:
6:15 – GCCC Leadership Team – Phil Martus & Reverend Osgood were present to discuss the warrant article submitted by Kent Vincent at Town Meeting and to further bring resolution to the matter of the church, town meeting house and the lease. They would like to get it on the record where they stand.
Mr. Martus stated that their position has not changed, for several reasons the building doesn’t meet their needs, for example lack of handicap access, day care area isn’t sufficient. They would like to be in control of the building they use. They would like to be able to more efficiently practice their beliefs.
Mr. Martus also stated it has nothing to do with anyone within the town etc. The church has nothing against the Selectmen, they are not feeling forced out of the building. Some attention was brought after last years town meeting, that was not the motivation, however that made the leadership team look at what was working now and what would work in the future.
Reverend Osgood discussed there are a lot of issues with the building and they do not want to put the funds into the building if it is not meeting their needs. The congregation voted in November not to pursue the lease, the vote has not changed. The leadership, Reverend Osgood & the congregation have decided to move forward.
Kullgren corrected, it was December 3rd they voted not to pursue the lease.
Day stated after town meeting and what transpired at town meeting they wanted it to be clear to the public what was the reality.
Rev. Osgood stated that warrant article was not initiated by the church in any way and they were not supportive of it.
Mr. Martus discussed the church wants the communication kept open
Rev. Osgood & Wendell Smith has discussed how they might provide some reconciliation, healing for the community that will continue. They would like to have a public meeting to allow the public to address such items and put this behind them.
Adams discussed in the event the building of a new church is not moving forward in April 2009, do they want to keep the doors open for an extension.
Mr. Martus stated they believe that would be appropriate, the goal is to minister to the community. A short-term lease is definitely open to the leadership team.
Rev. Osgood discussed the belongings of the building etc. are all concerns that will need discussion.
Mr. Martus would like to keep the board abreast.
Resident Conrad Dumas asked to respond to Selectman Adams question – Dumas wanted it to be noted, while the previous BOS was in the process of negotiations town counsel had told them they can extend the lease for a short-term (less than 3 years) without having to go before the town.
Kullgren reiterated an open forum discussion with the community, how will this be proceeded in far as notification to the town.
Rev. Osgood stated through a direct mailing from the church – he also wondered if the board would want to play a role in the discussion.
Wendell Smith would like to pick a time/day when the BOS can be present. It will be important for the BOS to hear the discussion of the community and to participate.
Selectmen thanked everyone for attending.
Other item - Mr. Dumas stated he wanted it on the record that the minutes of April 10, 2007 reflect the evaluations that were previously done, would be placed in the employees personnel files, he does not agree to that and that was not the intention of the exercise of the evaluations. He does not believe it is appropriate to place those documents in personnel files at this time, employees were not aware of that when the exercise was completed they would be placed
Kullgren stated they do not have Mr. Dumas’ evaluation documents. Kullgren further stated Mr. Dumas’ comment should be noted. Kullgren thanked Dumas for his statement.
6:30 – Dan & Lenore LaGuerre (this was not on the agenda) Selectman Kullgren discussed the fact that the Board of Selectmen did not authorize the issuance of a building permit on Higgins Lane, they authorized the consideration of issuing a permit.
Discussion:
Motion by Selectman Kullgren to reconsider the previous vote of issuance of building permits on Higgins Lane.
Day and Kullgren voted: Yes to reconsider, Adams voted no.
Discussion followed:
Selectman Adams stated there are two items he wanted to address. We can open up a section of that lane where this particular property is located. He stated his opinion is the same as it was two weeks ago; it is a piece of property located within two properties each with building on them. Issuing a permit for this lot will not affect any other properties.
The second this is that it was Selectman Adams’ understanding they authorized the issuance of a building permit, the question is are they going to remove the permit. He (Adams) is not in favor of this.
Selectwoman Day stated she is concerned about issues of legal concerns, that this is setting precedence.
Selectman Kullgren explained the issue is to reconsider issuing a building permit on a private road that is off a private road.
Selectman Adams stated he believes it should be a case-by-case situation; he is supportive of this particular building permit.
Selectwoman Day stated she wants to discuss this further with the Planning Board before any decision be made
Selectman Kullgren stated he doesn’t mind doing that, but he understands it puts the LaGuerre at yet another time period of waiting.
Mr. LaGuerre asked to address the board, in doing so he stated he feels as though he was not given good notice that this would be reconsidered, had he been he would like to have had his attorney present. He understands the board has made decisions such as this in the past, and he would like to be properly noticed and allow his attorney be present.
Selectman Kullgren would like to do that, he believes it is in the best interest of all concerned to have counsel present.
Code Officer, Peter Hopkins stated he would like to push this issue along ask quickly as possible, he has had the application almost 30 days some action needs to be taken. However, if Mr. LaGuerre is ok with waiting, then Hopkins stated he is.
Discussion of the BOS to meet with the Planning Board on Monday May 7th- a date that works for everyone is Tuesday, May 8th, at 6:00 pm.
Mr. LaGuerre asked why this is different from other Class VI or Private Roads (i.e. Crotched Mtn.)
Adams stated that he believes it is because Crotched Mountain is non-profit.
Selectmen thanked the Mr. & Mrs. LaGuerre and stated they would be in touch with a meeting date.
6:45 – TRC Member, Candi Fowler (this was not on the agenda) – Ms. Fowler asked if the board was going to address the request from the TRC on May 1, 2007 – Selectmen stated yes they would, the committee will be notified.
7:00 – Kathy Valliere – Tax Collector – Ms. Valliere wanted the board to know the importance of their involvement in the deeding process. Not sure if it has ever been done before, she has already deeded the two properties that are “unknown” (R4-23-2 & R3-47). Discussion followed on these two properties, the logical choices of whom may most benefit from these properties and how to approach them.
Decision: Letters to Mr. & Mrs. Winslow & NH Fish & Game regarding – R3-47; A letter will be sent to Richard Goodwin and all abutters regarding R4-23-2; They will all be offered an opportunity to purchase the properties.
Ms. Valliere discussed the importance to get this off our tax rolls; it will no longer be assessed and no longer can be utilized as a tax burden.
Atherton (R4-59-A) – Ms. Valliere discussed that this property only owes their 2002 taxes; money has been paid towards this in the past. The map & lot number was changed; it is the suggestion of the tax collector there might be an error. Mrs. Atherton provided a copy of a check and Kathy thinks the property taxes were paid, and when the property was assigned a new lot number it was taxed twice and the funds weren’t properly applied. It is the recommendation of the tax collector to abate the 2002 taxes.
Selectmen support this recommendation, a letter will be mailed to Mrs. Atherton with a copy of the abatement.
Russell (R9-46) – Ms. Valliere explained Mr. Russell owns two properties, the previous tax collector; Laurie May applied a payment of $1,000.00 to the wrong account. The 2006 tax year is closed and the funds cannot be re-assigned. Mr. Russell wants to sell this property. If the property were deeded, the town would need to return the partial payment to the owner.
Ms. Valliere recommends the Board should meet with Mr. Russell and the tax collector. If there is a legal binding purchase & sales agreement, then they can make an arrangement, however they then set a precedent. This would be a way to help the property owner continue with their sale of the property and further allow the town a means of obtaining the past taxes.
Selectmen support this recommendation, a letter will be mailed to Mr. Russell.
Greenfield Industries (V3-6) - Ms. Valliere stated she needs to know what the BOS are doing with the Carbee situation. Discussion followed. Options were discussed, Ms. Valliere stated the Town can take the property, she discussed that this is a tough situation and they need to be sure they do things correct. We need to get the taxes but if the Carbee’s are going to be selling, we can work with them.
Recommendation to have Mr. Carbee come to a BOS meeting and discuss a timeline and also discuss his intentions for payment of the taxes.
Sharon Paige (R5-14)– This property is located at the Francestown town line – Administrative Assistant discussed the Francestown Land Trust has recently approached the town and would like to purchase the property.
Ms. Valliere discussed she will be deeding this property, the town will have a deed next week – The FLT can approach the town again and talk about purchase once we have the deed. Selectmen discussed they would like to have the Town Forester walk the property and roughly determine the timber value.
Geisel (V1-14) – Norman Nickerson contacted the town, he holds a $5,000 mortgage, and he wants to be kept up to date as to the status of the property. Mr. Geisel approached Ms. Valliere and asked for a forbearance agreement. Kathy explained to the new BOS what a forbearance agreement is, and the final decision would be that of the BOS. Ms. Valliere stated she explained that to Mr. Geisel and stated she would bring his request to the Board.
Recommendation from Ms. Valliere, she commented that this is a tough one, however she would recommend taking the property. Selectmen support the recommendation of taking this property. Kathy will notify Norman Nickerson tonight.
Terry& Heidi Flagg (R3-20) – Ms. Valliere discussed this is another problematic property; they still owe 1997 & 1998 property taxes. Mrs. Flagg came in and tried to show Ms. Valliere where they had paid. Ms. Valliere has done a lot of research on this property and cannot find verification of payment, because it is past 10 years Mrs. Flagg cannot get bank records. Discussion followed that this is another situation that she thinks bad past bookkeeping practices could cost the town more if we were to take the property. There is no records that have been found indicating the Flagg's never received notice of these unpaid taxes; all their other properties are paid in full. Taxes are paid in full except for the ’97 & ’98.
Recommendation to abate the 97 & 98 property tax. Ms. Valliere stated she realizes this is a tough decision for the Town, but there is no proof that they had been noticed properly or that they hadn’t paid. Selectmen support this decision, Ms. Valliere will notify the Flagg’s of this decision.
Sawyer (R6-7) – Mrs. Sawyer called and spoke with Ms. Valliere. Mrs. Sawyer offered to give a $1000.00 down and make payments each month. There are $20,000.00 of past due taxes, there have been no taxes paid since 2000; there is no mortgage on the property. Discussion followed.
Recommendation of Ms. Valliere is to take the property. Discussion followed, Selectman Adams stated that if we could work together with the church perhaps we could keep them from losing their home. Discussion of the Sawyers obtaining an elderly tax deferral followed, this is a great option of them. Selectman Adams will discuss this with Mr. & Mrs. Sawyer.
Ms. Valliere wanted to discussion that the BOS need to be aware that a tax collector deed can be challenged for up to 10 years. People don’t always want to buy the properties. Not that anything has been done incorrectly, but deeding can be challenged. Discussion followed regarding elderly deferrals.
Belmore – (R4-42 & R9-53) – Ms. Valliere discussed this is yet another difficult property. She has researched and found no mortgages on either property. No phone communication has been able to be made to date. Discussion followed of options for these two properties.
Recommendation was to approach Mr. Belmore and try to work out some sort of arrangement. Selectman Adams stated that he would contact Mr. Belmore and discuss options with him, and report back to the BOS before any deeding will take place.
8:00 – In accordance with RSA 91A:3 II (c) Selectman Kullgren motioned to enter into a non public meeting to discuss matters that could adversely affect ones reputation. Seconded by Selectman Day. Voted: Affirmatively.
8:36 Motion by Selectman Kullgren to come out of non-public session. Seconded by Day
Voted: Affirmatively
Decision: To schedule further meeting with all the parties involved for May 1, 2007 at 7:15. Second decision will research with an appropriate agency RSA’S pertaining to this subject matter.
“New Board” Business:
o Church Lease –
o Positions:
o Minute Taker – No applications
o Gen. Gov. Buildings Maintenance – There have been three applications, Selectmen would like to set up and interview the three applicants. Administrative Assistant is to put together a list of questions for the position that would be good for the BOS to ask.
On-going matters:
WW monitoring wells – Selectmen asked that this remain on the agenda until it is resolved – Keith Pratt is to confirm, in writing, they have been replaced and are completely operational. Administrative Assistant will ask again for this letter from Mr. Pratt.
Flood Plain Ordinance – Selectmen asked that this remain on the agenda until it is resolved. Public hearing for this is scheduled for May 14th, with a tentative date for the special town meeting of June 2nd.
Recycle Brochure – Selectmen asked that this remain on the agenda until it is resolved – The TRC is going to work on this and will get back to the Board with a revised brochure. Tabled
Other Business:
Read Minutes from previous meeting(s) - Review minutes of 3/29/07 & 4/3/07 Selectmen’s meetings and make any amendments, if necessary. April 10, 2007 & April 17, 2007.
LGC – Review recommendations from the Local Government Center regarding town-building concerns – Department Heads are to be addressing this matter individually and get back to the BOS, in writing how they intend to address each item on the list, which pertains to the various departments.
Misc. Incoming Mail – Reviewed
· Reviewed letter from Mr. Parrot – thanking for all the help provided by the town office, and has requested a withdrawal of his current use application. Selectman Adams briefly explained the history of the Parrot property.
· State of NH DOT – resurface program letter was reviewed
· Dept. of Justice – Trustee of Trust Funds seminars were reviewed, Trustee Bliss is likely to attend.
· Bob Plourde – February letter has been tabled – will be discussed at a Thursday am meeting. Notice to Mr. Plourde letting him know this is tabled and will be discussed at a Thursday am meeting.
· Various brochures were reviewed
· Letters from LGC Attorney’s were read -
o Kim Hallquist re: e-mail from Kent Vincent
o Paul Sanderson re: variety of questions
Muzzey Hill Road Escrow – Administrative Assistant introduced Mr. Cilley & Mrs. Nickerson – They will coordinate when they can meet at the bank. Selectman Kullgren stated he wanted this to be complete by next week, she was instructed bing them again to assure they complete this task.
Review Budgets – tabled
Town Commitment to Recycle – All Town buildings need to have recycle bins and need to recycle.
Parks & Rec. follow-up:
· Fire Works – Property Liability Rep. Marissa Kennison, reported that we definitely need to have ASE provide a certificate of liability with a minimum 1,000,000.00 – we also need to have Atlas Fireworks provide one as well. Selectmen could discuss the location with the Police & Fire, they could also request they change the location to Otter Lake. Schedule some time with Police & Fire to discuss this matter.
RSA: 160 B:7 are the requirements for display. Attorney Paul Sanderson letter recommends having the Fire Chief & Fire Warden review the statute and make a recommendation
Recommendations by the BOS to have all emergency personnel notified and get their approval before any permits will be issued. Letter to be mailed to all involved.
· Herbicides – George Rainier was present and discussed whatever herbicide is organic and meets the pre-post emergence is what is required.
The Board members will be in on Thursday morning between 8:30 and 9:30 to sign checks, approve accounts payable invoices and sign any correspondence.
Ambulance – Selectman Kullgren briefly discussed the meeting in Peterborough regarding the ambulance; he further stated he would like to meet in two – three weeks with Fire Chief, Jim Plourde and Rescue Chief, Molly Anfuso to discuss the future of the rescue. Possible meeting date would be May 15th.
Old Lyndeborough Mtn. Road – Selectmen briefly discussed the walk up Old Lyndeborough Mtn. Road, and the inability to access the property via this way, it would be detrimental to this road to allow access. They would like to discuss this again in two weeks. Perhaps discussion with the Town Forester entertaining the theory of using the Mrs. Freeman’s property to access the property from Old Coach Road – discussion followed on options, at approximately 9:30, Town Forester, Karla Allan came in to the meeting. Selectman Kullgren discussed options of taking steps to try to rectify and go through a different way perhaps from Old Coach Road. Selectwoman Day asked if a logger has to put up silt fence, Karla stated no, there are laws about the basil area but she isn’t sure about silt
fences, she will look into this and get back to the BOS.
Karla was also asked to walk the property identified as R5-14-1 and tell us what the timber on the property is worth.
Selectwoman Day asked if the Fire Chief could look into the process of having either a controlled burn on the unsightly property located next to New England Forest Products.
With no further business Selectmen adjourned the meeting at 10:30 pm. The next scheduled meeting is Thursday, April 26, 2007 at 8:30 am.
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