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11/19/2019 SB Minutes

Bethlehem Board of Selectmen
Meeting Minutes
November 19, 2018

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

Chairman Moritz opened the meeting at 6:00pm.

Chairman Moritz said our attorney, Walter Mitchell, was here to discuss the abatement settlement with NCES.  Mr. Mitchell reviewed some of the history of the BTLA decision in 2007.  He explained the settlement agreement adopted the BTLA formula going forward.  He said it worked for many years but for tax year 2017 it was discovered there was some ambiguity created with the BTLA model.  Mr. Mitchell said both parties were threatened with long term litigation.  He explained an agreement was worked out to resolve 2017 and worked out an agreement for going forward.  Chairman Moritz read a statement for the last several months we have been negotiating with NCES to resolve the 2017 abatement outside of litigation and we have reached a conclusion.  We have agreed to grant the 2017 abatement.  We have agreed not to oppose NCES utilizing the 2 acres set back in district 5 between the Tucker property and the property owned by NCES.  NCES has reaffirmed the restrictions on development and any development beyond stage 6 would require an amendment to the 2011 agreement and to the zoning ordinance, both of which would require a town meeting approval.  We have solidified in detail the way property tax will be determined for the remainder of the landfill.  The 2011 agreement left enough question to the outcome of litigation that the Board felt it was in the best interests of the town to settle and work with NCES for a solution.  A copy of the abatement agreement will be available tomorrow at the town office as we have done in the past.    Selectman Boisseau said they have been working on this for 12 months and they looked at all aspects.  He also said they put a lot of thought into this for the best of the town.  Chairman Moritz said the Board looked at the entire picture when making decision including probability of outcome, legal advice, past history, weighing the benefits to the town.  She said a lot of time was spent researching.  A question was asked if the town was advised that they wouldn’t prevail in court.  Mr. Mitchell said there were challenges if the town chose to pursue that.  Cheryl Jensen asked how the 2 acres became a part of this.  Chairman Moritz said they have been paying for it as if it was permittable and said this was discussed at the Sept. 25th, 2017 meeting.  Mrs. Jensen said just because they are paying taxes on it why can they expand.  Selectman Moore said they pay a higher rate for permittable and said it is in District 5.  Andrea Bryant asked how this will affect the tax rate in the future.  Chairman Moritz said in 2018 it will be based on 67.00/ton and once permitted it will be 85.00/ton.  Mr. Mitchell said it establishes a floor going forward.  Chairman Moritz said it outlined a specific methodology that can’t be disputed going forward.  Ms. Bryant asked if the new formula was in the town’s favor and was told it was a compromise.  Robert Blechl asked if the assessment went from 14,000,000 to 7,000,000 and was told the floor is 67.00.  Mrs. Jensen said the town had a formula before and it was disputed so who says this one can’t be.  Mr. Mitchell said this agreement says there is a floor.  Chairman Moritz said the clarification is about the abatement and all things from 2011 agreement are still in place including that they can’t expand, and everything has to go to a town vote.  Mrs. Jensen asked if this effects the closing of the landfill.  Chairman Moritz said it adds 900,000 tons and will add approx. 3 years if they get DES permitting.  Mr. Jensen asked if there was a bigger expansion being requested could the Select Board vote on that.  He was told no, that it would have to go to town vote.  Julie Seely asked if there was a loophole in there with this area.  Chairman Moritz said they didn’t need a town vote for these 2 acres.  Selectman Moore said they purchased surrounding property, so they are now able to use the buffer.  Chris McGrath thanked the Board for coming to this agreement.  He said it extends the free garbage pickup and transfer station another 3 years.  Mike Culver asked if the settlement is for abatement and was told yes.  He said the BTLA formula was in question not the acres.  He asked if the assessment is a set amount or built on value.  Chairman Moritz said it is working off average but now have a floor and taking affiliates out of it.  Mr. Mitchell said there are two floors; low and high.  Chairman Moritz said $44.00 was in abatement but $67.00 is now the floor and $85.00 when it is permitted. Selectman Glavac said if DES doesn’t approve it there is a 3rd floor.  Peter Roy asked about increased revenues from the 900,000 tons.  Selectman Ubaldo said they will receive .75 cents a ton for host community fee and the taxes depend on other variables.  Ms. Seely said she agrees with Mr. Culver about the fact they have been collecting taxes on it as if it was permittable.  She said it would be hard for town to go back and switch gears and understands where the Board is coming from.  She said it should have been addressed when they started paying taxes on it.  Mr. Jensen asked if there is an agreement from Casella not to expand.  Chairman Moritz referred to the 2011 agreement which prevents expansion and would require a town vote.  Mrs. Jensen said they are not saying they won’t pursue it but saying it will go to town vote.  Chairman Moritz said they are reaffirming 2011 agreement that says that.  She also said two willing parties can amend a contract and doesn’t know if legally there is any way to get around that.  Mr. Jensen said they bought land they promised not to for expansion.  Selectman Glavac said while they apply for permit it is $67.00.  If they don’t get the permit there is no floor but they will be at capacity at that point.  Ms. Seely asked what if they apply and immediately get a denial from DES or they decide not to use it.  She was told floor would remain in effect if they decide not to use it.  She asked how it would be calculated if there was not a floor and was told it would be calculated without affiliates.  Ms. Bryant asked about berms for stage 6 and asked if that was a violation of the agreement.  Selectman Glavac said there are a type of berm from agreement they can’t use.  Mr. McGrath asked if we would get reimbursed for legal fees and was told no.

PUBLIC INPUT

Cheryl Jensen asked if anyone on the Board has heard from Christine Fillmore about Northern Pass and she was told no.
Mr. McGrath asked about fines for marijuana use and said other towns are doing it and was told the Chief has looked into this.

The Board discussed trees being removed from the lot adjacent to the country club that the lot owner wants to remove but wants the Boards ok in case they are over the line and on town property.  Selectman Ubaldo moved to allow the trees to be removed for safety purposes.   Selectman Glavac seconded.  Carried 5-0.

Chairman Moritz said she talked with Dept. Head’s about warrant articles and the request for capital reserve funds and wants to know how the Board feels about one warrant per dept. that would cover all their needs instead of multiple warrants.  Selectman Glavac said they could also do one warrant article for all capital reserves and just list how much for each.  Selectman Moore said she would be afraid of sticker shock and having them separate people have more of a voice.  This was tabled until next year.

At 6:53 Selectman Ubaldo moved to adjourn.  Selectman Moore seconded.  Carried 5-0.

Respectfully submitted,
April Hibberd
Administrative Assistant