Town of Swanzey Board of Selectmen. Meeting July 25, 2018 Town Hall, 620 Old Homestead Highway Swanzey, NH

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1 Town of Swanzey, New Hampshire Board of Selectmen Meeting Town Hall, 620 Old Homestead Highway Swanzey, NH CALL TO ORDER The meeting was called to order by Chair Sylvester Karasinski at 5:30 p.m. at Town Hall, 620 Old Homestead Highway, Swanzey, NH. Present were Selectmen Sylvester Karasinski, Kenneth P. Colby, Jr. and W. William Hutwelker III. Also present was Town Administrator Michael Branley and Recording Secretary Beverly Bernard. OTHERS PRESENT Conservation Commission Chair Wally Smith, Robert Smith, Brad Stetson, Deborah Russell MINUTES The regular meeting Minutes of July 11, 2018 were considered. There was a motion by Colby to approve the regular meeting Minutes of July 11, The motion was seconded by Hutwelker and there was no further discussion. All were in favor. Motion passed. The non-public meeting Minutes #1, #2, #3 and #4 of July 11, 2018 were considered. There was a motion by Colby to approve the non-public meeting Minutes #1, #2, #3 and #4 of July 11, The motion was seconded by Hutwelker and there was no further discussion. All were in favor. Motion passed. The special meeting Minutes #1 and #2 of July 5, 2018 were considered. There was a motion by Colby to approve the special meeting Minutes #1 and #2 of July 5, The motion was seconded by Hutwelker and there was no further discussion. All were in favor. Motion passed. The non-public meeting Minutes #1 and #2 of July 5, 2018 were considered. There was a motion by Colby to approve the non-public meeting Minutes #1 and #2 of July 5, The motion was seconded by Hutwelker and there was no further discussion. All were in favor. Motion passed. CONSENT AGENDA Motion was made by Colby to approve the Consent Agenda. There was a second by Hutwelker. There was a brief mention of the departures of staff. All were in favor. Motion passed. Payroll Manifest Payables Manifest Raffle Permit # Friends of the Carpenter Home Intent-to-Cut Map 8 Lot 6 Property Tax Abatement Appointment Forms Personnel Action Report(s) PUBLIC INPUT There was none APPOINTMENTS Robert Smith Taxes for 187 & 191 South Road. Hutwelker recused himself Page 1 of 6

2 Mr. Smith was present to discuss a possible settlement agreement regarding the outstanding tax balance on this property, which he now owns. He passed out a document summarizing the property situation, which the Board read. He is asking for relief from the tax burden for the tax years 2015 and 2016 to the present. Discussion occurred about the incorrect assignment to the deed. Branley referred to the documentation which the Town had named Smith as owner of property he said he didn t own, which was 179 South Road from his brother s estate. Smith provided a proposal to pay all the taxes on the property, giving him one year to become current with the taxes, and asking the Town to forego interest and penalties. Smith said his father had Alzheimer s and therefore the family wasn t aware of what happened to the tax bills for 2014 and Karasinski said that a deed needs to be recorded by the property owner, not the Town. Colby said he appreciated the proposal from Smith. Branley said we don t normally waive interest for future taxes as the interest rates are statutory. There was a discussion about paying off half of the taxes within a short period of time. Smith changed the proposal, asking the Town to waive interest and penalties to today s date and he said he will pay interest and penalties from this day forward. Colby moved to accept the offer of payment of all taxes on the property to be paid in full within one year of today s date, also waiving interest and penalties up to this point, and any interest on any unpaid balance will be paid by Smith from this day forward. Second was made by Karasinski and there was no further discussion. All were in favor. Motion passed. Smith left the meeting and Hutwelker returned to deliberations. OLD BUSINESS Deborah Russell Request for Prior Year Abatement The Board discussed recommendations from staff regarding correction for the acreage for the 2018 tax year, but do not abate any prior years. The Board reviewed a letter from Contracted Assessor Dave Marazoff which stated it is the obligation of the property owner to check their information for accuracy when property value is updated. Russell said that it isn t her fault that she was billed incorrectly. Karasinski said the Town does not survey the property and only take the information as provided by the property owner. There was a discussion about the correction being made without a survey by a licensed engineer. Hutwelker said the Town believed Russell had a.5 acre, based on what the property owner believed. He pointed out that the Town is not at fault. He said the Town does not read deeds. Hutwelker said when a deed transfers the Assessing Coordinator does not check the property size. That is the Title Company or Attorney s responsibility. Hutwelker said it is the deed that determines the size of the property and the Town does not have the resources to do that. Stetson said that someone told the Town Russell had a half acre, not the Town determined it. He asked how the Town knows what to tax a property owner. Hutwelker said the deed gets recorded at the Cheshire County Registry of Deeds, and then the Town gets a copy of the deed. Colby said the Town doesn t have a surveyor to calculate the size of the property. The Board suggested Russell check her deed. Page 2 of 6

3 Stetson pointed that the Town took the taxes based on.5 acre and he understands that the Town is saying it isn t the Town s responsibility that the acreage was incorrect. He pointed out that it is the duty of the property owner to bring up the inaccuracy to the Town. There was a discussion about the valuation for the property and Hutwelker said he discussed it with Marazoff and it is based on an algorithm that determines the value. Colby estimated about $300 would come off Russell s tax bill. The Board confirmed the Town would correct the acreage going forward but would not abate prior years. Stetson said he is recommending that Russell get some legal help. The Board said that they support that effort. Stetson and Russell left the meeting. NEW BUSINESS Carpenter Home Sprinkler System Expenditure Branley informed the Board that the fire alarm contract was for $44,850 and the sprinkler system contract was for $98,650 for a total of $143,500, of which $100,000 has already been approved and expended. The Lucy Carpenter Common Trust Income Fund has an available balance of $39, and the George Whitcomb Carpenter Home Income Fund has an available balance of $5, Colby moved to authorize the expenditure of $5,000 from the George Whitcomb Carpenter Home Income Fund and $38,500 from the Lucy Carpenter Common Trust Income Fund for the replacement for the Fire Sprinkler System and fire alarm and electrical wiring at the Carpenter Home. There was a second to the motion by Hutwelker and a brief discussion about emptying the Income Fund but the purchase of the land will generate funds for the Principal Fund, which will generate funds into the Income Fund. All were in favor. Motion passed. Possible Expenditure Winter Maintenance Expendable Trust Fund Branley informed the Board the DPW Winter Maintenance Expendable Trust Fund has an estimated balance of $20, Many of the winter related budget line items (overtime, diesel fuel, salt, etc.) have been fully or significantly expended through May due to the challenging winter. We also know we will have some additional expenses with some overlap between the current and next DPW Director, so approving some funds will help offset those. It will also provide funds to put a dent in filling the salt shed in August. Colby moved to authorize the expenditure of $15,000 from the DPW Winter Maintenance Expendable Trust Fund to purchase salt. The motion was a second to the motion by Hutwelker and there was no further discussion. All were in favor. Motion passed. Hutwelker asked if there were any line items that could be cut back in the budget for DPW Highway Department and Branley said he didn t think there were, other than doing less asphalt maintenance and paving. Request to use Town Property First Congregational Church of Swanzey Branley referred the Board to the written request, which has been granted two years in a row. Motion was made by Colby to approve the request of the First Congregational Church of Swanzey to use property located behind the Carpenter Home on a rock ledge for a church worship service on September 16, The motion was seconded by Hutwelker and there was no further discussion. All were in favor. Motion passed Use of PA-28 Inventory of Taxable Property Form Page 3 of 6

4 Branley said the Town has not used inventories for many years and he recommended continuing that practice. Colby moved that the Town not use inventory forms in There was a second to the motion by Hutwelker and no further discussion. All were in favor. Motion passed. Health Officer Renewal The Board discussed the fact that Health Officer Pam Fortner s three year term as Health Officer is expiring. Branley recommended the Board request that the State reappoint her for another three years. Colby moved that the Town recommend Pam Fortner for a three year term as the Town s health officer. There was a second to the motion by Hutwelker and no further discussion. All were in favor. Motion passed. Letter of Resignation Supervisor of the Checklist Eileen Thompson Branley informed the Board that the Town has received a letter of resignation from Eileen Thompson and said that no action is needed by the Board. He added that it was his understanding that Lynda Hunt will be appointed by the Supervisors of the Checklist (the appointing authority) to replace Thompson if she hasn t already. Colby made a motion to accept with regret the letter of resignation from Eileen Thompson as Supervisor of the Checklist. There was a second to the motion by Hutwelker and no further discussion. All were in favor. Motion passed. Letter of Resignation Capital Improvement Plan Committee Francis Faulkner Branley informed the Board of the letter of resignation from Francis Faulkner. Colby moved to accept with regret the resignation of Francis Faulkner from the Capital Improvement Plan Committee. There was a second to the motion by Hutwelker and no further discussion. All were in favor. Motion passed. August Meeting Schedule The Board discussed where to hold August meetings. Holding meetings at Whitcomb Hall was discussed. August 1 regular meeting Whitcomb Hall August 8 regular meeting; begin 2019 budget discussions with Finance Director Lounder Whitcomb Hall August 15 meeting at Lane Fields; meet at 5:30 at pavilion - 6:00 p.m. season recap meeting with Cal Ripken and neighbors August 22 only meet if needed. August 29 regular meeting Whitcomb Hall OLD BUSINESS Public Works Director Search Update Branley provided an update on the search. He said the following people are interested in serving on the screening panel: Mike Faulkner, Don Skiba, Scott Self, Glenn Page, Greg Johnson, Ann Bedaw, and Rodney Bartlett (Peterborough Town Administrator and former DPW Director). Branley said the Town currently has three candidates worth interviewing so he asked if the Board wanted to forego the screening panel option. Karasinski said since there are only three candidates he feels there no need for a screening panel, which serves to review a large number of candidates and cut down the list to three for the Board to interview. Karasinski Page 4 of 6

5 said he thought the Board would be able to determine the best candidate. Hutwelker said he agrees that with only three candidates the Board can determine the best candidate. It was the consensus of the Board to not hold a screening panel. The Board may include Rodney Bartlett for his professional opinion. Public Hearing pursuant to RSA 31:95-b Public Hearing was opened by the Chair at 6:30 pm. The Board was ready to hear comments regarding acceptance of $11,000 from Eversource for the LED streetlights rebate program. Public hearing opened at 6:30 p.m. There were no residents present except for Smith and he had no comment. Motion was made by Colby to close the public hearing, second by Hutwelker and no further discussion. All were in favor. Motion passed. Public Hearing closed at 6:32 p.m. Motion was made by Colby to accept $11,000 from Eversource for the LED streetlights rebate program and remit them to the custody of the Treasurer to be held in the General Fund. There was a second to the motion by Hutwelker and no further discussion. All were in favor. Motion passed. ADMINISTRATIVE UPDATE Code Enforcement Update Report Branley passed out a document that was Code Enforcement Officer Mike Jasmin s weekly update. Swanzey Lake Conservation Easement Violation There was a discussion about the encroachment on the State easement of Town property. The State of New Hampshire has asked the home owner to build a fence and move boulders. Branley said the land owner is going to use an attorney to fight the Town. He said the property owners have made some changes to try to accommodate the directions of the State of New Hampshire but the boulders are difficult to move. He said the Town will need to build the fence as specified by the State of New Hampshire. The deadline is October 1, 2018 to correct the encroachment. Branley said the Town will build a fence but is currently checking to see if we will need to have a Shoreland permit to do so. Hutwelker asked about a legal document to accompany the deed so that future owners will be aware of the status of the property having a State of New Hampshire easement. Brown Field Concession Stand Discussion was held about the Brown Field Concession stand, which is not in good shape and not properly licensed. Branley said the individual running the concession stand is in the process of obtaining a license although it seems like it may not be possible to get a license in that space. Rabbit Hollow Engineering Update Branley provided an update saying that there was nothing new to report. NON-PUBLIC SESSIONS Non-public session(s) per RSA 91-A:3, II(b) Hiring of a Public Employee(s) Page 5 of 6

6 Motion was made by Colby to enter nonpublic session pursuant to RSA 91-A:3, II(b) Hiring of public employee(s), seconded by Hutwelker. All in favor by Roll Call and the motion passed. The Board entered nonpublic session at 6:49 p.m. Present was Kenneth P. Colby, Jr., W. William Hutwelker III, and Sylvester Karasinski. Also present was Town Administrator Michael Branley and Recording Secretary Beverly Bernard. Motion was made by Colby to come out of non-public session, seconded by Hutwelker. All in favor by Roll Call and the motion passed. Non-public session ended at 6:50 pm. Motion was made by Colby to seal the minutes because divulgence of the information likely would affect adversely the reputation of a person other than a member of this Board, seconded by Hutwelker. All were in favor and the motion passed. Non-public session(s) per RSA 91-A:3 II(b) Hiring Motion was made by Colby to enter nonpublic session pursuant to RSA 91-A:3, II(b) Hiring, seconded by Karasinski. All in favor by Roll Call and the motion passed. The Board entered nonpublic session at 6:51 p.m. Present was Kenneth P. Colby, Jr., W. William Hutwelker III, and Sylvester Karasinski. Also present was Town Administrator Michael Branley and Recording Secretary Beverly Bernard. Motion was made by Colby to come out of non-public session, seconded by Hutwelker. All in favor by Roll Call and the motion passed. Non-public session ended at 6:55 pm. Motion was made by Colby to seal the minutes because divulgence of the information likely would affect adversely the reputation of a person other than a member of this Board, seconded by Hutwelker. All were in favor by roll call and the motion passed. ADJOURNMENT Motion to adjourn the meeting was made by Colby. The motion was seconded by Hutwelker without further discussion. All were in favor. Motion passed. Adjournment occurred at 7:00 p.m. Respectfully Submitted, Beverly Bernard, Recording Secretary Approved on August 1, 2018 Page 6 of 6