NEWTON BOARD OF SELECTMEN
DATE: FRIDAY, MAY 4, 2012
TIME: 3:00PM
LOCATION: 8 MERRIMAC ROAD
MEETING MINUTES
Selectman Thayer called the meeting to order at 3:01pm at the 8 Merrimac Road property. In attendance were Attorney Laura Spector-Morgan, Selectman Raymond D. Thayer, Selectman Charles R. Melvin, Sr., Police Chief Lawrence E. Streeter, Town Administrator Nancy J. Wrigley and Chester E. Bearce. Selectman McCarthy was not present. Town Resident Lawrence Foote was in attendance. Minutes were transcribed and typed by Town Administrator Nancy J. Wrigley.
- Introduction of Guests
- Approval of Minutes (Review prior to meeting)
- Scheduled Business
Discussion of RSA 72:23 Taxable Property
Mr. Bearce stated he met with the Town Assessor Andrea Lewy on Wednesday, May 2nd to discuss the pro-rated amount of taxes due at the closing and the projected taxes once the Town takes ownership. Mrs. Lewy explained RSA 72:23 whereby anything that was not being used by the town shall be taxed. Mr. Bearce informed her that during the negotiations that was not what they agreed to. It was at that time that he requested a meeting with the Selectmen and the Attorney representing the town in order to get clarification prior to the closing. That is the reason for this meeting today.
Attorney Morgan said that she spoke with Don Jutton, Municipal Resource, Inc. and he confirmed that the whole 2nd floor of the large building would be exempt from taxation through June 30, 2015 and that Mr. Bearce would continue collecting the lease payments from the current tenant for 36 months from the date of the closing.
There was a discussion regarding the outbuilding (garage) being taxed per RSA 72:23 as 2 tenants are currently leasing space. They are allowed to remain there for 36 months from the date of closing, but once those tenants move out that space will then revert to the town. It cannot be sub-let and any tenant that abandons the premises may not reestablish tenancy. The taxes would be based only on the portions that are being leased.
Mr. Bearce explained that the Police Department also stored their equipment in that building but has now moved their equipment into the larger building thereby swapping spaces with him. There is a 13 x 40 ft. space for an administrative use and could be potentially available for the Fire Department.
In lieu of paying the taxes in cash on the Existing Commercial Building (Garage) for the next three (3) years or until June 30, 2015, Mr. Bearce offered the following:
- He would pay the heating costs in the Existing Residential/Commercial Building (ERCB) occupied by him and his wife and the Police Department.
- He would be responsible for the maintenance and repairs to the heating system in the ERCB.
- He will maintain the generator that serves the ERCB including the fuel to run it.
- He will maintain the Existing Residential/Commercial Building including the roof.
- He will continue to maintain the landscaping and plowing of the premises unless the town decides to do it.
- He will provide to the town the casualty and liability insurance for all tenants and will name the town as an additional insured on the policy.
Mr. Bearce wanted to make it clear that it is his intention to maintain the property as stated above, with a clear understanding that he has the control and input on what may go on the property within the three years of his tenancy. (Example: baseball or soccer fields, etc.)
Attorney Morgan said she would prepare the “Addendum” to the Purchase and Sale Agreement and have it ready for the Selectmen to sign at their next Selectmen’s Meeting and would be in contact with Title Pro to schedule the closing.
With no further discussion, Selectman Thayer closed the meeting at 3:45 pm.
Respectfully submitted,
Nancy J. Wrigley
Town Administrator
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