SELECTMEN’S PUBLIC MEETING
March 5, 2007
Call to Order
Chairman Nelson opened the public meeting at 6:36pm. In attendance were Chairman Gary F. Nelson, Selectman John P. Ulcickas, Selectman Robert S. Donovan, Jr., Town Administrator Nancy J. Wrigley and Office Manager Mary B. Winglass. Minutes were transcribed and typed by Office Manager Mary Winglass.
Chairman Nelson motioned to go into non-public session under RSA 91-A:3 II (b) – Planning Board and (a) – Transfer Station Attendant. Second by Selectman Ulcickas. Roll Call Vote: Selectman Nelson – yes, Selectman Ulcickas – yes, Selectman Donovan – yes. Vote: Unanimous.
Chairman Nelson motioned to close the non-public session at 7:24pm. Second by Selectman Ulcickas. Per unanimous roll call vote, the minutes of the meeting will remain confidential until in the opinion of the majority of the members the circumstances no longer apply except to announce that the Board of Selectmen are working on possible zoning violations reported by the Planning Board and the promotion of Scott Bradstreet based upon his Class III Solid Waste Operator State Certification to a part time Attendant at Grade V, step VI, effective February 4, 2007.
Introduction of Guests
Old Business
A. Resident Jay Pramberg Re: Selectmen’s Site Walk at Webster Road
Resident Jay Pramberg of Webster Road requested to speak with the Board to discuss the details of the site visit to Webster Road by the Selectmen on December 23, 2006. Mr. Pramberg stated that after reading the minutes he was left with many questions as to where the Board stands with the repairs to the road and if money was budgeted for the repairs and/or a warrant article.
Chairman Nelson responded that the road condition looked like a tar based topcoat had been applied many years ago and the Board found the road to very old and in disrepair. At the site walk, Road Agent Frank Gibbs pointed out temporary repairs that he made to the road but the problem is that it is winter and there is not much we can do at this time. Mr. Pramberg responded that he understands but is frustrated that no maintenance has been done to the road for five to six years. Prior to that the road had been maintained on a consistent basis and he would like to see the highway department maintaining and repairing roads in town for there are many that have not been maintained.
Mr. Pramberg added that due to not maintaining the road over the past several years, the potholes are now 4 to 5 feet in diameter. At this point Mr. Pramberg stated that he is starting to take it personal for in addition, his mailbox was hit by a snowplow on Valentine’s Day.
Chairman Nelson responded that accidents happen and the Board will deal with the repairs to the road in the spring. Selectmen Ulcickas added that at the site walk they discussed raising the side of the road to stop the water from flowing into the wetlands. Mr. Pramberg responded that he is not concerned with the side of the road but would like the potholes patched on a consistent basis. The Board concurred that in the spring the Road Agent will fill in the potholes and grade the road. The Board also discussed the possibility of posting a weight limit and the need to repair the culvert on Pond Street.
The Board thanked Mr. Pramberg for his time and patience and asked that he keep in touch with the Selectmen and the Road Agent on this issue.
B. Signing of the Solid Waste Contract with G. Mello Disposal Corp.
On November 30, 2006 the Board motioned to accept the Solid Waste bid from G. Mello Corp with the contract terms to be negotiated to include a clause to terminate the hauling and disposal contract without penalties within the three year term if the Board voted to change to curbside collection and for the contract to include an additional fourth and fifth year option.
Jason Mello of G. Mello Disposal Corp. was present and brought the final Solid Waste Agreement for the Board to sign. The commercial service agreement is for three years starting March 1, 2007 with the option of two additional years for the hauling and rental fee of the municipal solid waste, bulky waste and commingled recyclables.
C. Letter from the Town of Danville Re: Revisions to the Ambulance Agreement with American Medical Response
The Board reviewed a letter from the Town of Danville Board of Selectmen outlining their concerns with the American Medical Response Agreement. After being reviewed by the Danville Board of Selectmen and their town counsel Peter Loughlin, a list of concerns and revisions were sent by email to each party named in the agreement for their consideration. All parties need to agree on the wording for the agreement is contingent upon valid agreements with all the towns within the System, identified as the towns of Atkinson, Danville, Hampstead, Newton, Plaistow and Sandown.
A meeting has been scheduled for Wednesday, March 7th at the Danville Town Hall starting at 7pm for the parties to meet to discuss any remaining issues and hopefully reach a final agreement.
Chairman Nelson stated that he may be able to attend the meeting and if not Selectman Donovan will attend on behalf of the Board of Selectmen.
New Business
A. Letter from Planet Aid Re: Request to place a collection box at the Transfer Station
Chairman Nelson read a letter from Planet Aid of Holliston, MA requesting to place a collection box at the town transfer station. Chairman Nelson asked Transfer Station Manager Andrew Morse if he has spoken to anyone at Planet Aid, Mr. Morse responded “no”. Although he knows that there are some Planet Aid collection boxes located in town and when driving by one today he notice a pile in front of the box.
Mr. Morse added that currently the town allows New England Clothes Recycling to have collection boxes at the Transfer Station and he has had no problems with the pickup service. The Board then reviewed a letter from New England Clothes Recycling outlining their services with recycling clothes and the valuable community service that they provide. Attached to the letter was an article from the Eagle Tribune dated Friday, February 16, 2007 titled “Where the clothing goes” outlining the different charities and how they use the donated clothes to help those in need.
Chairman Nelson discussed allowing Planet Aid to add a box at the Transfer Station giving the residents two options for disposing of unused clothing. Mr. Morse had some concerns with space and added that we now have a vendor with a great working relationship and sees no need to change at this time. The Board agreed to make no change and to continue using New England Clothes Recycling for clothes recycling at the Transfer Station.
B. Request from Developer Ned Nichols Re: Sargent Woods Current Use tax
Mr. Ned Nichols, owner of Sargent Woods Development requested to speak with the Board regarding a proposal for releasing his land in current use and the procedure for which it will be released. Mr. Nichols handed out a proposal for the Selectmen as follows;
1. The town agrees to accept the March/April 2007 “as is with permits & approvals” bank appraisal to establish the current use value of the land encompassing Sargent Woods providing the project starts by September 2007. This appraisal value will be reduced by $500k to reflect my investment then divided by 80 to establish the current use tax value on each home.
2. The current use tax associated with each home will be paid to the town at closing
3. An agreement will be drawn up and recorded at the county courthouse. This agreement would run with the land and ensure that any closing agent would include the agreed distribution for the town at each closing.
Town Assessor Andrea Lewy was present at the meeting and Chairman Nelson asked for her opinion regarding this request. Andrea referred to a 2005 Supreme Court ruling which reversed the lower court decision (Superior Court) regarding a 2003 LUCT case.
The Superior Court case of 2003 is Woodview Development Corporation v. Town of Pelham where the developer filed due to being denied an abatement on his Land Use Change Tax (LUCT). The developer argued that the “full and true value” to which RSA 79-A:7, I, applies to the land only and not to any enhanced value from betterments. In a court order dated July 23, 2004, Judge Groff found that the LUCT was intended to assess the market value of disqualified land at the time of the change and not with the inclusion of planned “betterments” that may be planned or ultimately constructed.
The Town of Pelham appealed the order of the Superior Court to the Supreme Court stating that the land was once in current use does not entitle the landowner or developer to a reduced assessment of the “full and true value” of the land once it is no longer in current use. On February 9, 2005 the case was heard and on April 11, 2005 the Supreme Court issued an opinion which reversed the lower courts decision.
Andrea added that Current Use is a great program for property owners throughout the state to conserve open space but to make an agreement with a developer without an approved recorded subdivision plan and without the March/April 2007 bank appraisal; then her recommendation was to not move forward with an agreement at this time. Andrea added that she has heard the statement that the town made an agreement with a developer in the past regarding releasing lots beyond the year time frame; Andrea clearly stated that since she has been the Assessor for the town, no agreements have been made with any developer regarding the LUCT payment schedule.
Mr. Nichols outlined that the building schedule is to start with three (3) model homes and these will be the first to sell. Once the model sells then we will build a new model but the building will stop until a unit is sold. Andrea added that the land use change tax, per state law requires that the town has one year from discovery of the change in use to prepare the LUCT. Andrea added that discovery generally occurs when the building permit is pulled, therefore the town would have one year from that date to prepare the land use change tax. Mr. Nichols requested again that the Board hold off on this bill until just before closing with the new buyer. The Board deferred to Andrea and her response was for the Board to stay within state law but to work with the developer by waiting to prepare the bill until either
the closing but no later than the state law stipulation of one year. The Board agreed with Andrea’s recommendation.
Mr. Nichols then discussed his need to know the land use change tax liability before the project begins in order to receive bank financing. A discussion ensued that the project will be completed in four (4) phases and based upon the market could extend this project for some time. Andrea responded that to base the land use change tax for a phased development for 80 units using only a bank appraisal is contrary to the state law which was further defined per the 2005 Supreme Court ruling. Andrea explained that to secure the value of the land today would be impossible due to the phasing of the 80 units over several years.
The Board discussed waiting until we have the appraisal, have Andrea review it and then the Board needs to listen to what she is recommending. The Board agreed that they need to wait for the appraisal and Andrea’s recommendation in order for the Board to understand the procedure for handling this request.
Building Inspector Mike DiBartolomeo spoke on who will regulate this “55 or over” community to make sure that there is no school impact with this new development. No one could answer this question.
Town Administrator Nancy Wrigley asked Mr. Nichols about the condo docs for this development; Mr. Nichols responded that he would send them to her by email.
Announcements
· 2006 Assistance to Firefighter Grant awarded to the Newton Fire Department
Chairman Nelson announced that the U.S. Department of Homeland Security approved the 2006 Assistance to Firefighter Grant submitted by the Newton Fire Department. The approved project costs total $65,393.00. The Federal share is $62,123.00 of the approved amount and the town’s share of the cost is $3,270.00. These funds will go to purchase personal protective equipment such as SCBA-45 minutes with face piece-No extra bottle, spare cylinders-45 minutes, face pieces, face pieces-voice amps, SCBA-60 minutes with face piece R.I.T. Pack and spare cyclinders-60 minutes.
The Board congratulated Chief Ingalls on securing this grant assistance from Homeland Security.
· Town Meeting (Voting Day) Tuesday, March 13th at the Memorial School from 8am to 8pm
Chairman Nelson announced that Town Meeting (Voting Day) will be held at the Memorial School on Tuesday, March 13th starting at 8am to 8pm.
Accept Minutes of Selectmen Meetings
· Selectmen’s Public Meeting minutes of February 5, 2007 and February 20, 2007
Chairman Nelson motioned to accept the public meeting minutes of February 5, 2007 and February 20, 2007 as written. Second by Selectman Ulcickas. Vote: Unanimous.
· Selectmen’s Non-Public Meeting minutes of February 5, 2007 and February 20, 2007
Chairman Nelson motioned to accept the non-public meeting minutes of February 5, 2007 and February 20, 2007 as written. Second by Selectman Donovan. Vote: Unanimous.
Reports from Department Heads
· Safety Complex Building Committee
1. Request for payment from the Safety Complex Building Fund
Mr. Robert Bartlett, Chairman of the Safety Complex Building Committee discussed with the Selectmen the outstanding invoices from Sumner Davis Architects, Inc for the Architectural Design Services and Civil Construction Management for the site plan. Mr. Bartlett discussed the need for the services for the preparation for the imaging, site plan the prints of the proposed safety complex
Chairman Nelson motioned to pay the two (2) invoices received from Civil Construction and Sumner Davis Architects, Inc. for a total of $2,052.50. Second by Selectman Ulcickas. Vote: Unanimous.
Review of Action Items
Adjourn
Chairman Nelson motioned to go back into non-public session under RSA 91-A:3 II (e) – ongoing litigation per the request of Chief Building Official Mike DiBartolomeo. Second by Selectman Ulcickas. Roll Call Vote: Chairman Nelson – yes, Selectman Ulcickas – yes, Selectman Donovan – yes. Vote: Unanimous.
Chairman Nelson motioned to close the non-public session at 9:30pm. Second by Selectman Donovan. Per unanimous roll call vote the minutes of the meeting are to remain confidential until in the opinion of the majority of the members the circumstances no longer apply.
Respectfully Submitted,
Mary B. Winglass
Office Manager
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