Chichester Board of Selectmen
Minutes of Meeting
Tuesday, September 22, 2015
Members Present: Michael Paveglio, Jeff Jordan, Richard DeBold, Town Administrator Jodi Pinard
Others Present: Chief Clarke, John Martell, John Freeman, Kris Cole, Ed Millette Jim Plunkett, Lucille Noel, Ann Davis, and other members of the public.
Call to Order: Mr. Paveglio called the meeting to order at 6:30pm
Police Department – Chief Clarke stated that I have the Civil Forfeiture Notice so you can see what people will be receiving if they are given a violation.
Emergency Management – John Martell stated that he is in the early stages of getting ready to update the Emergency Operations Manual.
Building Department – John Freeman stated that 12 permits have been issued since I was last here.
Fire Department – Matt Cole stated that we have an opportunity to do a special detail on the weekend of the October 4th. This would be for the Millennium Running Group. This would be an event we could bill out for our services. We wanted to see what the Board thought of this.
The Board has no issue with this event.
Mr. Cole asked if the Board could follow up with the school regarding the parking issue.
Mr. Paveglio stated that he would follow up with Mr. Losey regarding the issue.
Forest Fire – Steve Stocked stated that it has been a slow summer for brush fires. He took two students to a 2 alarm brush fire yesterday. He will be submitting a grant for a backpack pump that will assist in fighting brush fires in remote areas. This will be a matching grant. He will be submitting a warrant article for the matching funds at Town Meeting if the grant is approved.
Highway Department - Jim Plunkett stated that he has the “No thru Trucking” signs ready for posting. I dropped off the bids for roadway salt and only one vendor carries the solar salt. Morton is that vendor and they have the state bid as well. He would like to purchase 350 tons.
Mr. Paveglio stated that you started using less salt on some roadways has that been beneficial?
Mr. Plunkett stated that we are always trying to reduce salt usage. It seems to be ok and I plan on continuing that practice.
Mr. DeBold asked why you would want to buy 350 tons if you have 300 tons left. Could the Town buy less?
Mr. Plunkett stated that he could but he does like to have a reserve pile.
Mr. Paveglio stated that I would like to see a reduced amount of salt used if we can.
Consensus of the Board was for the Road Agent to purchase 350 tons of solar salt from Morton Salt in the amount $58.11.
Mr. Plunkett stated that the shimming is being completed. If I do have any money left in the asphalt line I would like to shim a section of Canterbury Road.
Library – Lucille Noel stated that we had a book sale on Saturday and made about $400. We have been working on programs through January. We have two Library aides sharing the 25 hour position. It is working out very well. Shirley Water’s Estate property on Route 4 still has not sold but the Trustee is working on it.
General Business/Board Discussion:
Ambulance Billing Contract
A motion was made by Mr. Paveglio and seconded by Mr. Jordan to enter into the Business Associate Agreement with Comstar for a period of three years for Ambulance Billing Services. Motion Passes.
Award Heating Oil Bid for 2016
Mrs. Pinard reviewed the bids she received for heating oil.
Rymes $2.10 per gallon
Irving $2.19 per gallon
Mrs. Pinard stated last year the Town locked in at $3.02 per gallon. This reflects a $.92 per gallon savings over last year. I am recommending Rymes.
A motion was by made by Mr. Paveglio and seconded by Mr. Jordan to award the Heating Oil bid to Rymes in amount of a fixed per gallon price of $2.10. Motion Passes.
Food Pantry Donation
A motion was made by Mr. Paveglio and seconded by Mr. Jordan pursuant to RSA 31:95-n, the Board of Selectmen shall accept and authorize the expenditure of unanticipated funds in the amount of $200.00 received from St. Stephens Episcopal Church to support the Food Pantry. It shall be the responsibility of the Town of Chichester to maintain accurate record of all funds, detailing their expenditures, and that such records shall be made available upon request. Motion Passes
Map 3 Lot 68B – Tax Payment Agreement Under RSA 80:80, VI
Mr. Paveglio stated that I understand there will be a lot of questions but I wanted to make a last ditch effort to try to convince the other two board members to reconsider the decision that was made on September 8th.
Mr. Paveglio referred to a spreadsheet that he created with different scenarios.
1st is what has to be paid in order not to have the property taken by tax deed $48,927. If this amount was paid the tax deed would be removed.
2nd is what is what is owed with 2013, 2014 reflecting the BTLA decision of an assessment of $164,100. The amount owed would be $58,113. By paying this amount it completely remove all tax liens.
3rd is what is owed if we only adjusted 2013 to reflect the BTLA decision would be $77,595.
Mr. Paveglio stated that none of these scenarios reflect 2015 as that property in not in tax lien status. I do not want to make any deal but I would be agreeable to one of these. These are logical scenarios. I am not ok with taking any less than any of these. This is what is owed to the Town and the Tax payers. I urge you to reconsider.
Mr. Paveglio stated I would not accept the tax deed on the property if he paid $48,927 covering taxes, interest and penalties for the years 2009 thru 2012. I don’t think we should take less.
Mr. Jordan stated that I really have a problem with the resident being so over assessed. But I can live with $48,927.
Mr. DeBold stated that we have been working on this for some time and there are other parties that have legal interest in this. We have had a lot of discussions with these people. I was very pleased to see Mr. Boender come before the Board 7 months ago, along with Attorney Higham and Mr. Austin. They thought they could get the financing to pay this off. We gave a six month extension and September 1st came and went. We had made a pretty strong statement in March. What threw me off was that there had been some court filings by Mr. Austin attempting to stop the town from taking this property.
Mr. Paveglio stated that I just too stated that our defense was that Mr. Austin was in a business venture and by entering into an agreement we would be investors in his business.
Mr. DeBold stated that on the September 8, there was a pending injunction against the town I was not in favor of taking any action until the court took action. We went into non-public on the September 8, to under the RSA that protects the private citizen. The court has since denied Mr. Austin’s request. Mr. Jordan and I negotiated an agreement with the owner as Mr. Paveglio did not support the agreement. I still want to sign this agreement. I am very concerned about this piece of property because of what has been delivered to this property. I am concerned as we don’t have any testing on this material. I do not want to subject the town to a liability. That is one of the main reasons that I do not take this property. We negotiated in good faith using the abatement of 164,100 handed down by the BTLA and they have agreed to pay
Mr. Paveglio stated that we have to come up with a logical way to enter into the agreement. It needs to somehow reflect what is owed and how we got the number.
Mrs. Pike stated the total interest owed on the property is 27,669.85 from 2009-2015 and the principal owed during the same time frame is 76,437.85.
Mr. DeBold stated that I am not comfortable because we did sit down and negotiate with that party. If we want to renegotiate with the party I am fine with that but I am not fine changing the agreement.
Allen Mayville stated that the dirty dirt was approved by the EPA. All you have to do is tell the buyer when you sell it.
Steve Stock stated that at least three parties that are involved in don’t seem to this is a priority. How many more deadlines before enough is enough.
Mr. Jordan stated that Board of Selectmen has an obligation to work with people and exhaust every avenue. I could to not take someone’s home. That is a person’s heart and soul and we have worked with many other residents.
Mr. Weir stated what about Mr. Steed.
Mr. Jordan stated that we worked with Mr. Steed as much as we could and then he said to take it.
Mrs. Pike stated that there are over 20 mortgages on this property.
Mr. DeBold stated that is something else that concerns me.
Mr. Weir stated that when the Town takes the property it clears all of those mortgages and gives it a clear title. He has not paid his taxes in years.
Mr. DeBold stated that he would have taken the property on September 1. But he was not comfortable because of the court involvement. The current agreement would recoup 60% of the back taxes. We are essentially getting the taxes owed.
Mr. Weir stated that when this agreement ends and the taxes are not paid what happens on October 1?
Mr. DeBold stated that I would take the property.
Craig McIntosh stated that this stinks and it is not right. I would like to see open conversations. I am against private conversations.
Tome Houle stated that if part of your decision was the court then why would you enter into negotiations prior to the court decision. Also this man went to the Planning Board and said he had a plan and a week later stated that it had dirty dirt on the property.
Mr. Jordan stated that supposedly dirty dirt is safe for commercial and not residential.
Mr. Paveglio stated that this situation could come back to the Board as it sets a precedent.
Mr. Houle stated that it doesn’t make sense. On February 24, you make an agreement with the parties involved for a September 1st deadline. Now you are negotiating and you cannot convince me that the Town is first because you have ignored the Town by continuing to make deals.
Mr. Jordan stated that we are trying to work with a landowner and we have done this many times.
Mr. Weir stated that it looks like they are involved and whether you are afraid of the man or you are involved.
Mr. DeBold stated that you are so far wrong. The fact that you stated that is outrageous.
Mr. Jordan stated that he is not involved with this situation either.
A motion was made by Mr. Paveglio for the Town to take Map 3 Lot 68B for tax deed. No seconded. Motion fails.
A motion was made by Mr. Jordan to enter into an agreement remove interest and penalties and pay $28,464.93 for tax years 2009 – 2012 removing the property from the tax deeding process. With the property owner responsible for payment of 2013, 2014, and 2015. No second. Motion Fails.
A motion was made by Mr. DeBold to enter into an agreement with the property owner to remove interest and penalties and pay $38,684 for tax years 2009 – 2014 removing the property from the tax liens. With the property owner responsible for payment of 2015. Payment must be made by September 30, 2015. No second. Motion Fails.
A motion was made by Mr. Jordan and seconded by Mr. Paveglio to enter into an agreement to remove all interest and penalties and pay the principal only in the amount of $28,464.93 for tax years 2009 – 2012 removing the property from the tax deeding process to be paid by September 30, 2015 at 2:00pm. If payment is not received the Board of Selectmen will accept the tax deed on October 6, 2015. Motion Passes. 2-1. DeBold nay
A motion was made by Mr. Jordan and seconded by Mr. Paveglio to rescind the following motion” A motion was made by Mr. DeBold and seconded by Mr. Jordan that Chichester Condominium Corp pay the amount of $38,280 for back taxes for the years 2009-2015. This will remove all tax deed and tax liens from the property. This payment be must made no later than September 30, 2015 at 2:00pm. Motion passes 2-1 Paveglio nay” Motion Passes 2-1 DeBold nay
No Thru Trucking
Mr. Weir stated the pavement on Swiggey Brook looks like the pine needles and leaves were paved over.
Mr. Plunkett stated that it is a shimming of pavement that pine needles and leaves were not paved over.
Being no further discussion, a motion was made by Mr. Paveglio and seconded by Mr. Jordan to adjourn the meeting at 8:30 pm. Motion passes.
Not approved until signed
Jodi Pinard, Town Administrator
D. Michael Paveglio Richard DeBold Jeffrey Jordan