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06/25/2018 SB Minutes

Bethlehem Board of Selectmen
Meeting Minutes
June 25, 2018

Present:  Chairman Moritz, Selectman Ubaldo, Selectman Moore, Selectman Glavac, Selectman Boisseau.

Chairman Moritz opened the meeting at 6:00 pm and opened the public hearing for the profile trails and read the public hearing notice.

Chris Nicodemus said he is one of the founders of Friends of Profile Trails which will be a supporting network of trails in Franconia, Bethlehem, Easton, Sugar Hill, and possibly other towns.  He said they are multi-use trails that are non-motorized and will link Bethlehem and Franconia and will provide a safe route to school.  He said Angela McShane is working on it and applied and received a grant that has to be spent by the 3rd quarter in 2019.  He said they are working with abutting landowners now to get permission to use property. He explained Map/Lot 204 1.3 is town owned property  they would like to use and explained lot 1.4 has a right of way for utilities and logging and they have had a positive discussion with the owner of that lot.  Selectman Moore said NH Municipal Association has advised not to do a right of way easement due to diminished value of the lot.  They advised to do a subdivision instead.  Selectman Moore said there is a question if we have to follow our own ordinance and said we don’t if we are performing a governmental function.  She said parks, trails and conservation trails, falls under that.  Michael Bruno said to be careful about making a lot land locked with no access in case abutters change their minds.  Sandy Laleme asked if it would cut the lot in half or if it would still be a sizable lot to sell.  She was told it was at the border of the property.  Mary Ubaldo asked how may kids will be on it and asked about safety issues.  Mr. Nicodemus said there will not be any official trail sweepers but said the trail will be a community asset.  He also said it is not just for school children and said White Mountain Resorts may want to link into the trail system.  Terry Martin said the future owner of the lot may not be able to have the lot in current use if they want to build on it if it is subdivided.  Jim McCann said the Bethlehem Trails Association supports it.  Mrs. Laleme said they will have to make sure the snowmobile trails do not cross over these trails for safety.  Cheryl Jensen asked if this lot isn’t an option is there another option.  Mr. Nicodemus said yes but this is the best option.  Chairman Moritz said she would want it surveyed and subdivided and all property owners on board.  Selectman Boisseau asked about taking it off the auction while they figure this out.  Chairman Moritz said she doesn’t want to keep it off the auction.  Mr. Bruno asked if the grant could pay for the surveying and was told yes.  Charlie Wolcott also a part of Friends of Profile Trails said an easement doesn’t diminish value and the opposite has been found in other places.  Selectman Ubaldo asked if they have permission from all the landowners and was told not yet.  Mrs. Laleme suggested having another hearing in a couple of weeks to answer questions.  She also said she wouldn’t want to take the properties off the auction because it effects revenues, but the trail is a good idea and good for the town.  Chairman Moritz said the public hearing will be continued on 07/09/18 at 7:00 PM.

Cheryl Jensen came before the Board to read a statement (attached) in response to a comment made by Chris McGrath about the town being business unfriendly at the last meeting.
Selectman Ubaldo objected to the statement and said she went after 1 citizen.
Selectman Moore said they have 2 quotes for the Visitor Center Painting.  One from Fall Line for $11,520.00 and one from Northern Builders for $8,640.00.  Mrs. Laleme said she saw the Fall Line quote and wonders what the $3000.00 difference is between the two.  Selectman Moore gave Mrs. Laleme a copy of the second quote.  Clare Brown gave a history of the building (attached) and said they voted that they can’t give money toward the painting supplies.  Mrs. Laleme said they just paid $1500.00 in expenses and their revenue is from membership, tag sales, and trees. Chairman Moritz expressed concern over coming up with that much more to pay.  Mrs. Laleme said the building is fragile and said the Heritage has put in $48,000.00 towards the building in 20 years.  She also said they are seeking commerce for the town.  Mrs. Laleme said there was a warrant article in 2003 that established funds for town buildings that has over $16,000 in it.  She asked the Board to pay for the visitor center painting out of this fund.  Mrs. Brown said another expense they had in recent years was getting the website developed which cost $3000.00.  Selectman Moore said it is our town building and we are obligated to take care of it.  Mr. Bruno said he hopes the Board will support this.  There was discussion of the bids and the differences in each.  Northern Builders doesn’t specify sanding and caulking and Fall Line doesn’t mention disposal of the lead paint.  Selectman Glavac moved to go forward with Fall Line painting quote.  Selectman Ubaldo seconded.  There was discussion about asking them both to resubmit their bids and Board outlining what they need to quote on.  Selectmen Glavac and Ubaldo withdrew their motion and second.  They will go forward with outlining what they expect for a bid and ask for a new bid.

REFUNDS
Map/Lot 410-014-013 – Chairman Moritz moved to approve the refund for $103.46 due to overpayment.    Selectman Ubaldo seconded.  Carried 5-0.
Map/Lot 201-012 – Chairman Moritz moved to approve the refund for $1830.21 due to overpayment.  Selectman Moore seconded.  Carried 5-0.
Map/Lot 205-238 – Chairman Moritz moved to approve the refund for $211.78 due to overpayment.  Selectman Glavac seconded.  Carried 5-0.
Map/Lot 401-039 – Chairman Moritz moved to approve the refund for $1611.63 due to overpayment.  Selectman Glavac seconded.  Carried 5-0.

ABATEMENTS
Map/Lot 203-64 – Chairman Moritz moved to approve the abatement for $1,640.17 as recommended by the assessor.  Selectman Moore seconded.  Carried 5-0.
Map/Lot 208-62 – Chairman Moritz moved to approve the abatement for $2278.37 as recommended by the assessor.  Selectman Glavac seconded.  Carried 5-0.
Map/Lot 405-52 – Chairman Moritz moved to approve the abatement for $67.58 as recommended by the assessor.  Selectman Moore seconded.  Carried 5-0.
Map/Lot 411 – 21 – Selectman Ubaldo moved to approve the abatement for $522.96 as recommended by the assessor.  Chairman Moritz seconded.  Carried 5-0.
Map/Lot 407-33-4 – Chairman Moritz moved to approve the abatement for $150.53 as recommended by the assessor.  Selectman Moore seconded.  Carried 5-0.
Map/Lot 205-012 – Chairman Moritz moved to approve the abatement for $973.26 as recommended by the assessor.  Selectman Boisseau seconded.  Carried 5-0.
Map/Lot 407–002, 407–002-001 – Chairman Moritz moved to approve the abatement for $562.18 as recommended by the assessor.  Selectman Glavac seconded.  Carried 5-0.
Map/Lot – 415–20 – Chairman Moritz moved to approve the abatement for $792.58 as recommended by the assessor.   Selectman Moore seconded.  Carried 5-0.
Map/Lot – 208-6 – Chairman Moritz moved to approve the abatement for $949.25 as recommended by the assessor.  Selectman Moore seconded.  Carried 5-0.
Map/Lot – 203-33 – Chairman Moritz moved to deny the abatement as recommended by the assessor.  Selectman Glavac seconded.  Carried 5-0.
Map/Lot – 204-004 – Chairman Moritz moved to deny the abatement as recommended by the assessor.  Selectman Moore seconded.  Carried 5-0.

The Board discussed the abatement request for Map/Lot #’s 419-001, 419-021, 419-022.  Chairman Moritz said additional information was requested but it was not provided.  She said legal advice was sought and it was recommended that the abatement be denied.  Selectman Glavac said he doesn’t remember seeing recommendation to deny the abatement and said he wants to continue working with the applicant to avoid going through the court system.  He said they have until July 1st to decide on the abatement.  Selectman Glavac moved that they shouldn’t vote against it now and they should continue the dialog from June 7th and do everything possible to keep out of court.  Selectman Ubaldo seconded.  Selectman Moore pointed out there will not be another meeting before July 1st and said they (applicant) have had ample opportunity to provide the information.  Selectman Glavac said the abatement will automatically be denied if the Board doesn’t vote and said he read the advice from the attorney differently.  Chairman Moritz said they do not have a meeting scheduled and they have been advised on how to proceed.  She said they need to make a decision and to follow through with that.  She also said the Board was all aware of the legal advice and they have had ample time to provide that information.  Selectman Moore said if they were going to five the information they would have by now.  Selectman Glavac said nothing meaningful started until June 7th.  Chairman Moritz said on November 28th the Board agreed to sign a confidentiality agreement but the info the Board requested was denied.  She explained on May 5th the request was altered to avoid litigation and still no info was provided.  Chairman Moritz said on May 11th our attorney approached their attorney and there was silence until June 7th.  She said she feels confidant the Board has done their due diligence.  Selectman Moore said the attorney made it clear to them (applicant) we were willing to work with them.  Selectman Glavac said a lot has happened in the last 2 weeks and said they are making good progress and wants to see where this takes us.  Selectman Moore said the last communication has not been responded to.  Chairman Moritz said going forward with legal advice doesn’t mean they are closing the door on negotiating and that has been communicated to them by the attorney.  Selectman Boisseau said back in September the applicant said they would be willing to provide information needed.  He said he doesn’t believe they will get the information and thinks the Board needs to make a decision now.  Selectman Glavac said he wants to keep communication open.  Chairman Moritz asked what the intent is of not voting.  Selectman Glavac said to keep lines of communication open.  Chairman Moritz said they asked for specific information that was not provided.  Motion failed 2-3 (Chairman Moritz, Selectmen Moore and Boisseau opposed).
Chairman Moritz read a statement provided from the attorney.  (Need to get from Mary)
Chairman Moritz moved to go forward with legal advice to deny the abatement and proceed with their recommendation.  Chairman Moritz withdrew her motion.
Chairman Moritz moved to deny the abatement for Map/Lot #’s 419-001, 419-021, 419-022.  Selectman Moore seconded.  Selectman Glavac said they don’t have information to approve it so should deny but asked to rescind the motion to have time to resolve.  Carried 3-2 (Selectmen Ubaldo and Glavac opposed).
Chairman Moritz moved to move forward per legal advice.  Selectman Moore seconded.  Selectman Ubaldo objected.  Chairman Moritz said 2 attorneys’ have identified this as best interest of the town.  She said on Sept. 25th the applicant said they would provide the information.  She said it was state what info was needed.  Selectman Glavac said the legal advice was one of the options and strategies but things have happened since then and they shouldn’t rush into something.  He said they need to make an informed decision.  He said he has more questions and can’t support the motion without more information.  Chairman Moritz said it was clearly outlined why it was in the best interest of the town.  Selectman Moore said it can be retracted and lines of communication can be kept open.  Selectman Boisseau said they need to make a decision tonight and they received legal advice.  Carried 4-1 (Selectman Ubaldo opposed).
The Board reviewed the minutes from 06/11/18 and 06/18/18.  Chairman Moritz moved to approve the minutes from 06/11/18.  Selectman Ubaldo seconded.  Carried 4-0.  (Selectman Glavac abstained).  Selectman Glavac moved to approve the minutes from 06/18/18.  Selectman Ubaldo seconded.  Carried 4-0 (Selectman Boisseau abstained).
The Board discussed a request for the highway department to dismantle the Bethlehem Elementary School playground and agreed it was ok if Brett Jackson was ok with it as he indicated.
Selectman Moore said Rita Farrell is concerned over the Dollar General sign.
At 8:27 Chairman Moritz moved to go into non-public session per RSA 91 A:3 II for matters of personnel and legal.  Selectman Glavac seconded.  Chairman Moritz did roll call with all members agreeing to go into non-public session.
The Board discussed personnel.
The Board discuss legal advice.  Selectman Glavac moved to have attorney Mitchell or attorney Roman come up to discuss the legal strategy to go to superior court.  Selectman Ubaldo seconded.  Carried 5-0.
At 9:09 Selectman Ubaldo moved to adjourn.  Selectman Boisseau seconded.  Carried 5-0.

Respectfully submitted,
April Hibberd
Administrative Assistant