Town of Greenfield
Selectmen’s Meeting Minutes
Tuesday – January 6, 2009 – 6:00 pm
Present: Selectman, Jarvis Adams, IV; Selectwoman, Karen Day
Minutes: Administrative Assistant, Deb Davidson
Call to order: Selectwoman Day called to order at 6:00 pm.
Appointments:
6:00 – Mr. & Mrs. Sheldon Carbee, Scott Carbee & Attorney, Peter Bennett – Selectwoman Day opened the meeting by discussing the purpose of asking Mr. & Mrs. Carbee to this meeting is to discuss the delinquent tax situation.
Attorney Bennett discussed that a year ago the Carbee’s were before the Board and the goal of the Mr. & Mrs. Carbee is to sell the store and retain the Longblock. It has been determined that the town does not have any interest in “parcel D”.
The second issue is the consolidation of the lots as previously discussed. Attorney Teague and Attorney Bennett have discussed this many times. A form has been provided to the Carbee’s to do a voluntary lot merger, they need to present their merger plan to the planning board and upon approval the lots would be consolidated and then able to be sold.
The third issue that Carbee’s and Attorney Bennett have previously discussed with the Board is drainage issues. Years ago the drainage went underneath the coffee shop, it was re-routed and an easement to allow the water to flow under he building was never formalized. Mr. & Mrs. Carbee would like the town to take care of the easement, to relieve liability for both parties. Mr. Bennett stated that Carbee’s paid a large sum for this re-routing.
The fourth issue is getting tax bills broken out, however Attorney Teague pointed out this would be very difficult, if not next to impossible, to do at this time whereas such a large amount of taxes are owed. Teague stated that the town wants assurance the town has sufficient security in what would remain.
Selectman Adams stated that with the market being the way it is, he believes it would be difficult to sell the property and obtain the funds owed to the town. The taxes to date are close to $225,000.00. Adams stated that he personally feels a huge accountability to the residents of this town to protect them; this needs to happen and should have happened a year ago.
Teague stated that the town could negotiate this type of a delinquent tax situation to a certain degree, however taxpayers cannot be left with the remaining unpaid taxes. A large proportionate amount of funds need to be paid to keep the 30-40% of unsecured taxes accounted for. Teague continued to discuss that with Carbee’s owning other real estate, the town could place an attachment on other properties to allow for assurance of redeeming the tax dollars. Some type of security for the town is needed.
Teague provided a verbal example of what could happen: a mortgage could be put on the second parcels of land; the attachment of other properties would secure the tax payment. Another option is asking a bank for a loan to assure funds for payment of taxes. If a sale were to happen rapidly, and a purchase and sales where in order, then that would be reasonableness that the town will be reimbursed. However, to date there has not been any type of documentation to support any sale.
Bennett stated they need some help from the town, they need to have the town record an easement allowing the water to flow through their property and the town assuming the maintenance of the drainage, and they also need to get the properties consolidated properly.
Scott Carbee explained why he believes the town is responsible for the water drainage matter. Mr. Carbee indicated that no one ever approached them for permission to consolidate the drainage flow.
Selectman Adams stated he personally spoke to Keith Pratt from Underwood Engineers Inc., who has indicated that an option of an island to be installed was offered, and Mr. & Mrs. Carbee did not want that option.
Scott Carbee stated that was a parking matter, not a drainage matter.
Attorney Bennett stated that the town partnered with the Carbee’s when they changed the drainage. He further commented that the Carbee’s want to know the status of the drainage.
Discussion followed as to the location of the current drainage and that maybe it could it be redirected.
Mr. Carbee explained that the state would not agree to this.
Mr. Bennett stated that whereas the town is not interested in the easement, he would contact the State and see if they will be interested in entering into an easement, if not they will cut it off and then the Carbee’s will not have the maintenance problem.
Bennett suggested that he and Teague discuss a resolution to the other matters.
Adams discussed that at the very least, time is of the essence and the Selectboard is prepared to have Teague draw up an attachment of their other personal property.
Scott Carbee stated that by doing an attachment could trigger other problems.
Adams asked Carbee to elaborate and explain what he meant.
Scott elaborated by stating that sometimes an attachment can trigger a foreclosure of other mortgages, he doesn’t think that is a good avenue to take to resolve the tax problem.
Day stated she would like to have this resolved within 30 days, a time line is important and the problems needs to be resolved.
Scott Carbee asked how do you get on the Planning Board agenda. Day stated they should contact Deb and she can give the number for Planning Board Chair., Mr. Morris.
Teague mentioned that the clear title, the lot consolidation and the taxes don’t have anything to do with each other; Teague further commented he doesn’t understand how the town has held anything up.
Tax Collector, Kathy Valliere arrived at 6:30 she asked for an update as to what has transpired and further commented that she would like to see if the property could have taxes paid within 30 days, or at least a Purchase & Sales agreement.
Day brought Valliere up to speed with what has been discussed with the Carbee’s by reporting, there has been an agreement of items that need to be handled within the next 30 days, and if not taken care of, then the board will move forward with a tax deeding.
Attorney Bennett commented he would like a written agreement as to what the Town is going to do.
Attorney Teague stated the town isn’t proposing anything, they need their tax money. The Carbee’s can do the consolidation, work on the drainage easement and anything else they need to do, but the taxes need to be paid. Teague stated that the town has been cooperative and will continue to be cooperative.
Valliere discussed her statutory obligations as a tax collector.
Day stated that the Town will check one more time with Underwood Engineers to see who is responsible for the water easement, but again the Town does not believe they are under any obligation for this.
Action items to be addressed within the next 30 days:
- Lot line adjustment
- Lot “D” issue
- Consolidation of lots
- Property Taxes
Scott Carbee discussed he believes there is a problem with the sewer billing; he would like to address with the Board. The Board will schedule Mr. Carbee to be on the agenda next week at 7:00pm to discuss the sewer billing.
Selectmen thanked everyone for attending and working towards resolving this matter.
7:00 - Parks & Recreation Committee – all members of the committee were present, with the exception of Mrs. Cilley and Mr. Buchanan.
Chairman Dumas noted that the committee has changed its name to be the Greenfield Recreation Committee. The committee presented the draft job description they created. Chairman Dumas explained the draft job description. The committee does have a consensus and agree with the job description that is being presented to the Board of Selectmen. Dumas explained the committee chose to remove the parks position from this job and added facilities. This position will be in charge of the Recreational Activities as well as the Park facilities.
An overview of the draft was gone over with everyone present.
Lori Weeks discussed short-term activities vs. long-term activities.
Day asked if the committee planned to stay together and work with the new director.
Dumas stated that yes they were.
Discussion followed regarding the committee working with the Oak Park committee as well.
Katherine Heck discussed how a revolving account works and that for the account to be utilized properly, a committee or volunteer needs to work with the treasurer to oversee the account.
Lisa Hall discussed the mission statement of the Greenfield Recreation Committee.
Lori Weeks will e-mail the recreation & facility director job description to Deb.
Maryann Grant asked if the Board of Selectmen is able to discuss their stance on the position and/or the department itself.
Day stated the Board was waiting to hear from the committee before discussing this at all. Now they will sit down and look at options and/or differences in what each has come up with.
Dumas stated that this is an opportunity to reduce the hours, however the Committee was hoping that they don’t reduce them by too many hours.
Day stated she would like to see all the suggestions and think about the position before any decisions are finalized.
Discussion followed regarding wages, salaried positions, and opportunities for revenue, activities and more.
Dumas asked for a sense of where the Board is going with this position.
Day & Adams agree, they cannot discuss anything at this time, as they haven’t discussed it among themselves, they were waiting for the Committee’s recommendations.
7:30 – Treasurer, Katherine Heck – To present the banking proposals and discuss the accounts to be closed in March.
- Treasurer position - Mrs. Heck mentioned she has submitted a resume for the position of Treasurer and hopes the Board considers her for the position.
- Banking Services – 2008 banking problems were discussed at length. Banking services proposals were discussed. Motion by Selectwoman Day to change banking services and to begin banking with Ocean Bank as soon as possible. Seconded by Selectman Adams. No further discussion - Voted in the affirmative (2-0). All banks that submitted an RFP will be notified of this decision. Banking services will change as soon as possible.
- Warrant Articles - Warrant articles for the 200th anniversary account & fire fighter accounts were discussed. Options for where the funds these accounts currently hold were discussed. No decision was made at this time; the Board will review this as a complete Board before any decision will be made.
- Revolving account – Discussion followed that if the Board should choose to remove some funds the funds from this account they need to be delegated for a specific purpose. A brief discussion followed regarding the revolving account. No decisions were made.
- Recreation Activities - Lengthy discussion followed regarding the Blueberry Jamboree, Winter Carnival and more. These functions will continue to be held, many volunteers have stepped forward, the Board will be kept up to date as how these programs are moving forward.
7:30 Gene Mitchell was not on the agenda, however he briefly discussed the possibilities of “floating zoning” with the Board.
Mr. Mitchell also asked if the Board has heard anything from Town Counsel regarding about the lawsuit he has brought forward regarding a zoning decision. Administrative Assistant explained to Mr. Mitchell that he should be aware that the appearance has been filed and it is in court, and that the Board cannot discuss this at this point, whereas it is in litigation. Mr. Mitchell stated he asked because he would like to withdraw the case if possible, to avoid further costs to the Town. Selectmen made no comment.
Approval of minutes:
Minutes of 12/16/08 Selectmen’s Meeting were approved as written
Sign Documents:
Selectmen signed the following documents:
- Invoices
- Payroll
- Form 486-4 “application for annual installment of state grant”
- CDBG Payment request #1 (Kullgren only)
- Covenant not to sue – EPA Former Wastewater Site (Kullgren only)
- Intent to Cut – R9-27-4 & R9-27-4-1 (Mangini)
Old Business:
New Business:
Treasurer position – tabled until all three Selectmen are able to review the applications
Ice Storm update was tabled
P & R updates – Deb reported that the “Hampshire Hundred” group has reserved Oak Park for their annual foot race to be held August 16th.
Mail was reviewed
Budgets:
Adjournment - With no further business the meeting adjourned at 9:00 pm. The next scheduled meeting will be held at the Town Office, Tuesday, January 13, 2009 at 6:00 pm.
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