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07/09/2018 SB Minutes

Bethlehem Board of Selectmen
Meeting Minutes
July 09, 2018

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

Chairman Moritz opened the meeting at 6:00 pm.

Chairman Moritz said they will be discussing parking in Bethlehem because it is a goal in the Master Plan and introduced Alex Belenz from North Country Council who came to discuss what North Country Council can do to help with the parking in Bethlehem.  He explained there are different ways they can help.  He said they can make online maps to show where parking is available, and they can assess the parking issues by doing a study.    Rita Farrell said there is an issue pulling out of Agassiz Street onto Route 302 because of the cars parked on 302.  Chairman Moritz said she talked with James McMahon from DOT and he said the setback is 30 feet and also said Mr. McMahon has talked with Road Agent, Brett Jackson about that.  Mark Chain suggested the use of a convex mirror across from Agassiz to help with pulling out.  There was discussion about parking space sizes.  Julian Czarny suggested using the ice rink as a parking lot and relocating the skate park to the grassy area by the basketball courts.  Sandy Laleme said there are no parking signs across from the Gazebo and said it is the only area on Main Street that has no parking signs.  She said the Board should put a hood over the signs during the Gazebo concerts.  Chairman Moritz said she called and asked about that, but the Board doesn’t have the authority. She said she would follow up because she agrees the space should be utilized.  Mr. Belenz said the mapping expense would be covered and explained the parking study would be more long term and would need to look into funding for that.  The Board discussed the mapping and determined it could be put on websites and could have handouts at businesses and the Visitors Center.  Selectman Ubaldo moved to go forward with the mapping.  Selectman Moore seconded.  Carried 5-0.

Chris McGrath read a statement he prepared about policies and that he was personally attacked at a prior meeting.  Chairman Moritz said maybe the Board should have rules on meetings.  She said she has always felt the meetings should be casual.  Peter Roy said comments shouldn’t be defamatory.  Dann said names shouldn’t be used.  Chairman Moritz said the statement from the prior meeting was addressing comments.  Mr. McGrath said he should have been invited.

Chairman Moritz said the Board has a clarification about NCES.  Chairman Moritz said that she unintentionally implied that the Board received counsel to deny the abatement but said that was not accurate.  She said what the Board received counsel on were the steps following the denial of the abatement.  She also said she did not mean to imply that NCES was not communicating with the Board during this process.  Chairman Moritz said as they have previously stated, they are hoping to keep this (abatement) out of litigation.  She said they are moving forward toward a resolution and have seen progress due to NCES’ willingness to work with the town.  Mrs. Laleme asked if the petition filed with the court has been withdrawn or put on hold.  Chairman Moritz said the steps going forward have been communicated and that they are willing to but haven’t at this time.  Mrs. Laleme said if they are negotiating that is public.  Chairman Moritz said the Board signed a confidentiality agreement and they are working through this through the attorneys.  Cheryl Jensen asked what was filed and asked if the abatement was denied.  Chairman Moritz said they filed for enforcement of the settlement agreement and said the abatement was denied.  She also said both parties have shown interest and willingness to move forward.  Mrs. Laleme asked what part of the agreement did they not follow and was told it is in reference to the abatement.  Chris McGrath asked the cost for the lawsuit and was told it depends. Mrs. Laleme said the Board needs to make a decision based on legal advice.  She said they have to have leeway to make decision on best interest of the town.  Jeanne Robillard thanked the Board and said the first duty is to look out for the best interest of the town.  Chris Jensen said it will save the town from losing $200,000 a year.  Dann said taxation is theft and that he hates taxation.  He said he is not against people but the process.

PUBLIC INPUT

Mrs. Laleme asked about the status of the flag pole and said the flower bed as you come into town up long hill looks shabby.  She said it has a beautiful rock wall around it but looks shabby.  Chairman Moritz said they received a bid for the flag pole work that is $5900.00 and does not include the cost of the flag pole.  Peter Roy said it needs to be done right and said he is working with Jack Anderson on this.  He said the pole should actually be on the right side of the building and moving it to the correct spot may save money.  Chairman Moritz said there are factors involved like wind speed etc that factors into the flag pole.  Mrs. Laleme said volunteers used to take care of the flower bed.  Mrs. Farrell said decision of the Board has to be made for good of town.  She said the flower bed used to get a $200.00 donation from Casella and a sign would be put up.  Carol Kerivan said on behalf of Bethlehem Reimagined they will take over the flower beds with no signage.  Mr. Chain said people need to support the Gazebo concerts.

At 7:00 PM Chairman Moritz continued the public hearing for Profile Bike Trails.  Chairman Moritz said she spoke with New Hampshire Municipal Association (NHMA) about the options of sub-dividing or placing an easement on the town owned lot.  NHMA said the town can do either option and initially they didn’t recommend an easement due to value impact but after hearing all the details agreed an easement could happen.  Chris Nicodemus from the Friends of Profile Trails Association said to subdivide the property they have to be a non-profit and they do not have a 501c3.  He said an easement is the easiest way to proceed and said current use issue wouldn’t apply.  Selectman Glavac said an easement is the most direct way to get it done.  Gardner Kellogg showed a map to the Board and showed there are wetlands at the back area of the property where the trail is proposed.  He said the ideal buildable section is in front of the lot.  Chairman Moritz said they need a specific location where the trail will be.  Mr. Kellogg said the idea was to keep the trail on the property line but since walking it he realized that may not be the best spot.  Michael Bruno said this trail network can still happen without the easement.  Mr. Kellogg said the right of way to the property is owned by the town and said it is a water easement.  Mr. Nicodemus asked the Board to take the leadership role and set an example by establishing community trails.  He said the abutting owners are supportive.  Selectman Moore asked if other property owners have given permission and was told they need the final proposal before they will fully commit.  Selectman Glavac asked if the trail would be on the border and was told they don’t have specifics.  Selectman Glavac said he would support it going on the boundary line.  Mr. Kellogg said they could always work with the new owner of the lot on moving it.  Mrs. Laleme asked if people would be notified at the auction of the easement and was told yes.  Selectman Boisseau said an easement on the border won’t prevent further development on the property and said trails has a positive impact.  Selectman Glavac asked if they could get other property owners to agree.  Chairman Moritz said they could make it contingent on other landowners agreeing.  Selectman Boisseau asked if they can retract easement if other landowners don’t agree and said it may help influence other landowners.  Mrs. Kerivan said the easement stays with the land, so the town would have to take the easement back. Mr. Nicodemus said someone has to take the first step and said they are time limited.  Mr. McGrath said they should wait for new owners and that properties on 302 do well at the auction.  He also asked if the hearing was noticed in the paper and was told it was noticed for 2 weeks in the paper.  Selectman Boisseau said the Rocks has been amicable and thinks the Board should take the step forward and grant the easement with it written so it vanishes if it doesn’t come to fruition.  Mrs. Farrell asked the size of the lot (11.25 acres) and suggested they remove it from the auction.  Mr. Bruno said they (Profile Trails) did not come prepared with information and said the Planning Board would have sent them home.  Selectman Ubaldo said he is not in favor and said they don’t even know where the trail is.  He said the town is holding the easement and they are supposed to be getting rid of the property.  He also pointed out the neighbor hasn’t given permission yet.  Selectman Glavac said they should move forward with the easement along the boundary line with a condition that  it needs to be in place by 2020 or it expires.  Selectman Moore said it should be contingent on construction of trail due to wetland issue.  There was discussion about how wide the easement needed to be, 12, 15, or 20 feet.  Mr. Kellogg said 15 feet would be sufficient.  Chairman Moritz said she wants to vote at next meeting.  She also said the Board will need width and survey.  Julian Czarny suggested asking presenters to get easement agreement from private landowners prior to the next meeting.  Selectman Glavac suggested they bring blank easement to property owners.  Selectman Boisseau said at the next meeting they will need exact easement proposal with footage and boundaries for South and East border of property.  Selectman Boisseau moved to continue the public hearing for Profile Trails to July 23, 2018 at 6PM.  Selectman Ubaldo seconded.  Carried 5-0.

The Board reviewed the auction list, terms, and minimum bids.  They discussed taking out the Maple Street property and correcting the date on the poster to August 25th.  Selectman Moore moved to approve the terms and minimum bids and corrections.  Selectman Glavac seconded.  Carried 5-0.   Mr. Chain asked if there was a piece of town owned property they could make into a parking lot.  The Board didn’t know of any that would work for that.

The Board tabled the Realtor RFP’s until the next meeting on the 23rd.  Chairman Moritz asked if anyone had questions they would like asked of the two companies that submitted bids.  Mrs. Kerivan said a company that is not local will get a local company to do the local work.  She said that happened with the Hitchner property in Littleton.  Selectman Ubaldo said Colliers looked at consulting and appraisal and advises them on what to do prior to the sale.  The bids will be posted on the website.

The minutes from 06/25/2018 were tabled until the 07/23/18 meeting.

Chairman Moritz discussed with the Board the town sponsored events (Christmas in Bethlehem, Summerfest – formerly called Old Home Day) that “Bethlehem Events” puts on being able to be under the Town’s insurance without having to come in every year to get permission.  Selectman Glavac said he would like them to come in each year and they can vote when they come in.  Selectman Moore moved to allow Summerfest to be a town event and to fall under the town insurance.  Selectman Glavac seconded.  Carried 5-0.  Mr. McGrath suggested tents get inspected if they ever use one.

Selectman Moore said both bidders on the Visitor Center painting backed out.  She explained Dave Cryans fit us into his schedule, but that time has passed.  Chairman Moritz said they will ask for bids again.

The Board reviewed an overpayment refund request.  Selectman Glavac moved to approve the refund for Map/Lot 201-020 for $259.15.  Selectman Moore seconded.  Carried 5-0.

The Board reviewed the GIS maintenance agreement.  Selectman Glavac moved to approve the GIS maintenance agreement for $2400.00.  Selectman Moore seconded.  Carried 5-0.

The Board discussed the option of having KRT Appraisals come to a Board meeting to do a presentation on the results of the assessing update or meeting a Selectman or two at the office.  The Board would like them to come on July 23rd to do a presentation.

Dann asked to be on the agenda for 07/23/18 to follow up on questions he asked the Board.

Mrs. Farrell said the $200,000 tax abatement issue may have mandatory arbitration ordered.

Selectman Glavac left at 9:05.

Chairman Moritz moved to go into non-public session per RSA 91A:3 II for matters of personnel.  Selectman Ubaldo seconded.  Chairman Moritz did roll call with all members agreeing to go into non-public session.  Dann objected as he is a person who is paying this person so he should be involved.

The Board reviewed Recreation new hires.  Selectman Ubaldo moved to hire MR, CB, SD.  Selectman Moore seconded.  Carried 4-0.

The Board discussed criminal background results.  Selectman Moore moved to terminate CG based on criminal background check contingent of Primex advice.  Selectman Ubaldo seconded.  Carried 4-0.

At 9:40 Selectman Ubaldo moved to adjourn.  Selectman Boisseau seconded.  Carried 4-0.

Respectfully submitted,
April Hibberd
Administrative Assistant