Minutes
Town of Greenfield
Greenfield Town Offices, 7 Sawmill Road Greenfield, NH
Selectmen’s Meeting Minutes
Thursday, November 21, 2013 – 4:30 PM
Board of Selectmen: Chairman Rob Wimpory, Selectwoman Karen Day, and Selectwoman Debra Davidson
Staff: Town Administrator Patt, Recycling Center Supervisor Burgess,
Public: Jack Moran, Jessica Timmons, Bob Brown, Chris Callum, Diane Boilard, Tim Schloemer, Richard Benoit, Richard Parker, Laurie McCormack
The meeting was called to order at 4:30 PM by Chairman Wimpory.
Documents for Approval/Review/Signature
The Selectmen reviewed and/or signed the following items:
§ A/P Invoices
§ A/P Checks
§ Wastewater Checks
§ Payroll Checks
§ LGC Refund Review Spreadsheet – School Board Rep.
§ CMRC Raffle permit
§ Home Healthcare and Hospice request for 2014
§ U.S. Fish and Wildlife Service – Wapack MOU revised
§ Sewer Tax Levy – Tax Warrant
§ Ironwood Restoration – progress payment request
§ Greenvale Cemetery Deed – Hall
§ Meeting House rental agmt.
4:35 pm: Tim Murray DPW Supervisor, DPW Budget
The Board of Selectmen met with Tim Murray, DPW Supervisor. A discussion of the budget remaining for 2013 was held. Murray reported that if the weather stays relatively mild for the remainder of the year there will be a significant amount of savings left in the budget. If we end up with a lot of snow or very cold weather the budget will be impacted to a greater degree and there would be a smaller amount remaining. Murray and the Board of Selectmen discussed the Meeting House furnace. There is no resolution at this point as Murray is still waiting on several quotes. The Selectmen’s request to have propane quotes included will take some additional time. The Selectmen discussed a second request from the Department of the Interior for a Memorandum of Understanding for the Wapack parking area. Lastly the Selectmen
requested an update on their decision to use monies from the 2013 budget to install transfer switches at the Library and the Meeting House.
5:00 PM: Brian Giammarino, Police Department Budget
Police Chief Giammarino introduced John Quigley. The Police Department has concluded their background check and review of Mr. Quigley for a part-time position. Chief Giammarino requested that the Board approve Mr. Quigley’s application for the part-time position. The Board agreed to the request.
Chief Giammarino spent a few minutes discussing the remainder of the police department’s budget for 2013. He updated the Selectmen on some of his thoughts for 2014. This includes a request to reconfigure the downstairs storage room to allow the Police Department to provide a lockable storage area for the police department.
The Board and Chief Giammarino briefly discussed wages for the 2014 year. There wasn’t enough time to follow up on the Selectmen’s request for a comparison of the part-time to full time positions. This would be discussed at another time.
5:30 PM: Public Hearing – Pole License
At 5:30 PM Chairman Wimpory opened the public hearing. The Chair made opening remarks: “We will now conduct a hearing on a Petition to universally amend the licenses the Selectmen have issued for poles and conduits in the public right-of-way, and others who occupy the right-of-way, either by Agreement, long-standing practice, or municipal acquiescence. The Petition urges the Board of Selectmen require payment of properly assessed property tax, as required by New Hampshire law.” The Board received the Petition on October 31st from Michael Borden.
Chairman Wimpory read the petition in its entirety:
Greenfield, New Hampshire Dated: October 31, 2013
To the Board of Selectmen, Town of Greenfield, New Hampshire:
The undersigned, Michael Borden, in his/her capacity as Code Enforcement Officer & Building and Health Inspector of the Town of Greenfield, New Hampshire, and a resident of Greenfield, New Hampshire, being a person whose rights and/or interests in such capacity are affected by all existing and outstanding so-called pole or conduit licenses, issued pursuant to RSA 231:161, under the authority of the Board of Selectmen of the Town of Greenfield, hereby petitions the Board of Selectmen of the Town of Greenfield, acting pursuant to authority conferred upon the said Board of Selectmen of the Town of Greenfield by virtue of the provisions of RSA 231:163, to adopt the following changes to all currently issued and outstanding pole or conduit licenses heretofore issued by or under the authority of the Board of Selectmen
of the Town of Greenfield or by their predecessors in office, including, but not limited to, all licenses currently in effect by Orders of the Board of Selectmen or pursuant to all Petitions filed pursuant to RSA 231:161 with the Town of Greenfield, by adding the following language to all such pole licenses, based on the law of New Hampshire, which recognizes that the public good is satisfied if such licensees are assessed real and personal property tax for their use of the public right of ways for their poles or conduits, to wit:
“In accordance with the requirements of RSA 72:23, I(b) this license is granted to the licensee(s) subject to the condition that the licensee(s) and any other entity now or hereafter using or occupying municipal property pursuant to this license shall be responsible for the payment of, and shall pay, all properly assessed real and personal property taxes to the extent permitted by law, no later than the due date. Failure to pay duly assessed personal and real property taxes when due shall be cause to provide a written notice to the licensed entities to show cause by a date certain specified in the notice as to why this license should not be terminated for non-payment of the sums due.
In accordance with RSA 231:161, the changes to the license set forth in the preceding paragraph shall take effect November 15, 2013 and shall remain in effect until changed in accordance with the requirements of RSA 231:163.”
The holders of all currently issued and outstanding licenses include, but are not limited to, the following:
Northern New England Telephone Operations LLC d/b/a FairPoint Communications-NNE, and all successors and assigns
Public Service Company of New Hampshire, and all successors and assigns
New Hampshire Electric Cooperative, Inc., and all successors and assigns
\Signed – Michael Borden\ October 31, 2013
Chairman Wimpory addressed Michael Borden and asked if he would like to make any remarks or comments to the Board of Selectmen and explain why the licenses need to be amended. Mr. Borden outlined that the petition provides amendments that are in the public good because they change the Town’s pole licenses to comply with the requirements of New Hampshire law. The law is clear that licenses such as those held by PSNH and Fairpoint in the Town of Greenfield are required by law to include a section requiring the licensee to pay properly assessed real and personal property taxes. There are several court cases on record that deal with this issue. These include N.E. Telephone v. the City of Rochester NH and two cased involving Verizon New England v. the City of Rochester. These cases require all leases or other agreements
for the use or occupation of real property owned by the town, “shall provide for the payment of properly assessed real and personal property taxes by the party using or occupying said property no later than the due date”. The law also requires that if they fail to pay the properly assessed real and personal property tax by the due date, the tax collector must notify the town and the town must terminate the lease or agreement per RSA 72:23,I(c). The petition to the Board of Selectmen is to amend the licenses granted for the conduits and poles in the public right of way to include these requirements, in order to conform to the law.
Chairman Wimpory thanked Mr. Borden for his comments and asked if there were anyone else that wanted to speak. Jack Moran, resident of Greenfield was recognized. Mr. Moran handed in a document. On examination the document appeared to be the decision as outlined in New England Telephone and Telegraph Company v. City of Rochester (1999). Several lines are highlighted. The first highlighted sentence “The defendant, City of Rochester, appeals a decision of the Superior Court”, the second highlighted sentence reads “We reverse the trial court’s order insofar as it prohibits the defendant from amending the plaintiff’s pole licenses to require the plaintiff, as a condition of licensure, to pay real estate taxes assessed on the land it uses and occupies thereunder.”
Mr. Moran remarked that the pole license contemplated by the petition from Mr. Borden could be strengthened by adding language that outlines that failure to pay property taxes when due is cause for cancellation of the license. Mr. Moran said the language could include that the Selectmen reserve the right to revoke the license, as outlined in the 1999 NH Supreme Court case. The Board and Mr. Moran briefly discussed this idea.
Chairman Wimpory remarked that the Selectmen would review Mr. Moran’s suggestion to determine if it was in the public good to add the suggested language to the pole license, with a review by legal counsel, before acting on the addition of the language Mr. Moran proposed.
Chairman Wimpory asked if there was anyone else that would like to speak. Hearing none, Chairman Wimpory closed the Public Hearing at 5:27 PM. The Selectmen discussed the petition and agreed that the language outlined should be adopted.
On a motion by Chairman Wimpory and a second by Selectwoman Day the Board of Selectmen voted unanimously (3-0) to adopt the language as provided in the petition and to amend the pole licenses and agreements between the Town of Greenfield and the licensees.
6:00 pm: Mike Borden, Building Inspector Budget
At approximately 6:00 PM the Selectmen and Mr. Borden began a discussion of the building inspector/code enforcement budget for the upcoming 2014 year. Mr. Borden outlined that during the year through November of 2012 the amount of building permits taken was 28. In 2013 the number of building permits taken was 71, through the same date, a year later. The number of building permits in 2013 was on track to exceed the previous year by 2.5-3 times. This is the basis for the building inspector budget in 2014. A discussion was held regarding the amount of revenue that has been received in 2013 versus the previous year, and, the amount of revenue that was likely to be received in 2014. The revenue project advanced by Mr. Borden for 2014 is $13,000 with expenses coming in at $10,730.
6:30 pm: Bob Marshall, Planning Board Budget
Planning Board Chairman Bob Marshall came before the Board of Selectmen to discuss the 2014 Planning Board budget. Mr. Marshall introduced the budget as being flat with 3 exceptions. There was a new line item on the expense side for the Economic Development Advisory Committee (EDAC) and a new line for the Heritage District Advisory Committee. There are additional funds of $2000 for the EDAC committee to cover the cost of having a minute taker and to attend trade shows. The Heritage District Committee funds of $500 are contingent on the vote to establish the district, which will take place at the polls. Along with these two increases, the Planning Board is also looking for additional funds for the Master Plan update. The figure in the current 2013 budget is sufficient to provide an update for only one section per year. The
Master Plan updates would require more than ten years updating every section at that pace. In order to keep the Master Plan fresh and consistent funding should be available to do more than one update each year.
In addition to the budget there are two warrant articles that are contemplated. One is for a grant that has already been awarded for a total of $29,163.00. The cash match on this grant is $1,459.00 from taxpayers. This is the Community Planning Grant (CPG) for the Neighborhood Heritage District. A second warrant article for $5,000 to fund a Plan NH Charrette with professional planners and architects to draw up a vision of the next steps to create a walking village in the down town area. Although the warrant article will need to appear on the warrant the hope is to reach out to local businesses and to fund the Plan NH fees through donations.
Lastly, there were a couple of suggestions for the Selectmen. Mr. Marshall outlined the issues with the potential for legal challenges or lawsuits that exist every year with respect to decisions by the Board of Selectmen, the Planning Board, and the Zoning Board. Does it make sense to create a Capital Reserve Fund for legal expenses? Another CRF that should be contemplated was a CRF for the Master Plan.
At 7:07 PM Mr. Marshall indicated that he and Kevin O’Connell wanted to speak to the Board as members of the Planning Board about the tree cutting operation by Asplundh that occurred in Lyndeborough and now is happening in Greenfield. Their question to the Selectmen is whether anything can be done to “interface with PSNH and communicate the village characteristics”, which include the trees that line Rt. 136 further up the road? The Planning Board is “vigorously concerned” about the character of the village. There are ornamental maples closer than 8 feet to the telephone lines and people of the village are concerned about these trees.
7:30 pm: Bob Brown, Resident
At 7:30 PM Mr. Bob Brown, a resident of Greenfield approached the Selectmen regarding the petition that was submitted regarding the gravel site project. After working with the Checklist and the Town Clerk it was determined that the petitioners did not have enough names to move the petition. According to the Secretary of State’s office they were still able to add more names, which they did on November 15th. These names were certified by the Town Clerk on the afternoon of the 18th and the petition was now valid. As a result the petitioners were there to speak to the Selectmen and ask them to go forward and schedule a special Town Meeting. Chairman Wimpory discussed the petition requirements with Mr. Brown and indicated that the Board of Selectmen was ready to move forward with the Special Town Meeting if
that was what the petitioners wanted. Given that the article advanced in the petition was an appropriation article, which would require 50% of the voters on the checklist to vote, the Selectmen weren’t sure if the meeting could be held in town. Another facility may have to be rented in order to handle the number of people that may turn out. Mr. Brown asked why there would need to be another facility. The Chair outlined the requirements of NH RSA 31:5 and indicated that the law states that for an appropriation at a Special Town Meeting there is a requirement that 50% of the voters on the checklist would have to vote by ballot in order for the vote to be valid. Mr. Brown indicated that this was a new piece of information that the petitioners were not aware existed. Chairman Wimpory gave a copy of RSA 31:5 to Mr. Brown so that it could be read by the other petitioners in the audience. Mr. Brown acknowledged that they would not be able to turn out 50% of the voters on the
checklist. Chairman Wimpory stated that there are nearly 1200 (1193) voters on the checklist so there would need to be nearly 600 people in attendance in order to make an appropriation valid. Mr. Brown and the petitioners discussed the RSA with the Selectmen. It was generally agreed by the petitioners that this was not possible and they wondered if the Selectmen could help them determine if it were possible to withdraw the petition. Chairman Wimpory indicated that they could ask legal counsel if there were a way to withdraw the petition but that he thought this might not be possible. The petitioners held a discussion amongst themselves and with the Selectmen. It was agreed by the petitioners that Mr. Brown would be the contact for their group and that the Administrator would discuss their interest in withdrawing their petition with town counsel and forward the result to them early the following week (week of the 25th).
Adjournment
On a motion by Chairman Wimpory and a second by Selectwoman Davidson the Board voted to adjourn. The motion carried 3-0. The meeting adjourned at 8:17 PM.
Respectfully Submitted:
Aaron Patt
Town Administrator
The minutes are final when approved and signed by the Board of Selectmen. A signed copy is on file in the Selectmen’s office.
_____________________ _____________________ _____________________
Rob Wimpory, Chairman Karen Day, Selectwoman Debra Davidson, Selectwoman
| 
