Town of Newton
Conservation Commission
P.O. Box 378
Newton, NH 03858
Committee Members:
Peter Mears, Chairperson (603)548-4417
Nancy Slombo , Vice Chairperson
Selectmen’s Representative: Trisha McCarthy
Secretary Kimberly Lowther
Alicia Raddatz Pat Wonson
Sandy Estabrook Sheila Bergeron
Conservation Commission Draft Minutes for October 2, 2008
Attending were:
Trisha McCarthy, Peter Mears, Pat Wonson, Nancy Slombo, Sandy Estabrook
Guest: Mike Debitetto, representing Mr. Foy.
Peter called the meeting to order at 7:40pm
Minutes Review
Peter made a motion to accept the September 11, 2008 minutes as presented.
Nancy Seconded. All in Favor.
Correspondence: To be reviewed at our next meeting scheduled for October 9, 2008.
Land Acquisition: Mike handed out a packet of information regarding Mr. Foys, proposal to the Conservation Commission.
Mike reviewed the packet orally. – See attachment.
Trisha mentioned the amount of money that Conservation had previously paid for backland, and the $75,000.00 Mr. Foy is seeking is too high. Mike explained why the parcel is not considered backland. Mike explained that the Quaker Grove road access would be left as a walking path into town land. However since it is a legal road, Conservation may make the final decision if they will allow automobiles on this road. Trisha explained that the town does not have a record of Scott Botches owning the right of way. Mike insisted that these issues would soon be gone. Peter told Mike that we can not take ownership of land if we are not sure if Scott Botches ever held title to it, and mentioned the future problem it could pose. Mike told the board that it was his understanding that the Ryan’s wanted to donate the
land to the town. Pat explained the need for a clear title. Trisha had discussed her conversation with Attorney Ratigan. She explained to Mike that we do not need to prove clear tile, Mr. Foy does. Mike explained that Mr. Foy will handle legal work but Conservations Attorney needs to “Quarterback this.”
If this deal goes through, Conservation will have a continuous 60 acres of land.
Mike discussed attorney fees and said that they could be deducted from a
Gross Bargain Sale Price.
Mike asked for a verbal or written commitment tonight for the full asking price of $75,000.00 plus attorney’s fees. He also requested a letter of support to show Planning Board by October 14, 2008.
Trisha explained that before we can give this support the board needs to be 100% sure. She expressed that it’s a fabulous idea, however we need to seek advise from our attorney. Mike told the board that he would like to Speak with our attorney. Trisha explained that Mr. Foy’s attorney should meet with our Attorney. Mike insisted that he should speak to the attorney since he knows the plan inside and out.
Pat Wonson departed at 8:35pm.
Mike explained, what a gift this is to the Town. Trisha mentioned how it’s not a gift if we have to pay for it. Conservation discussed #4 on Page 2.
Peter explained that we can not make a decision tonight. We would like to speak with our Attorney first.
Mike asked the board for a verbal commitment for $75,000.00. He stated that if he does not get commitment tonight than he will have to stop the process now.
Peter said it’s awfully hard to make this commitment with out an Attorney’s advice and review on the proposal packet.
Mike wanted to make sure that Mr. Foy was to get the $75,000.00 commitment tonight since his fees have been expensive with Engineering and Mr. Botches Purchase and Sales agreement. Pat mentioned how those fees were irrelevant to Conservations purchase price. Mike said that a commitment is necessary tonight before additional money is spent on Engineering.
Conservations concerned with legal fees, especially since there is title issues.
After Mike again asked for a commitment, Trisha mentioned how we are in a default budget, our Fund will be very low if we make this purchase, and we’re concerned about our natural resources. Peter mentioned that Conservation account is as low as its ever been.
Trisha explained how the town will benefit from this land. We will ask Attorney Ratigan to review the proposal and respond to us with in seven days. Conservation also requested a cap of $3,000.00 for Attorney fees.
Trisha made a motion to submit a hard copy of Mr. Foy’s proposal to Attorney Ratigan for his review by October 9, 2008, so we can discuss his response at our next public meeting on the evening on October 9, 2008. Seconded by Peter. All in Favor.
Discussion.
Trisha added to the motion that the purchase price of $75,000.00 is contingent upon final estimate of legal fees by Attorney Ratigan not to exceed $3,000.00 Seconded by Nancy. All in Favor. No Discussion.
Mike thanked the board and left the meeting at 9:40pm
New Business: A sitewalk is planned for Monday, October 6, 2008 for a commercial/ residential property.
Conservation went into a non-public meeting.
Meeting Adjourned at 9:55pm.
Respectfully Submitted,
Kimberly Lowther
Secretary
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