Alexandria Board of Selectmen

May 31, 2007

Approved 7/12/2007

 

Present:      Cindy Williams and Don Gangemi

                   Chris and Randy Rhude, Ed Skroback, George Whittaker, Christie Phelps

 

Chris said that she and her husband have come in several times to pay the property taxes that they owed.  They paid some $15,000 at one time.  Another time they went to Barbara and asked if there were any taxes due.  She said there were not.  Two weeks later, Chris said three bills were sent out for the same set of problems she thought had been cleared up. Three years ago a deed transferred land from Chris to Randy, Jr.  The land and building should have been both put in his name.  Randy, Jr. was only billed for the land; the building remained in Chris’s name.  A year later he was handed a bill for the building.  Chris said you do not do that, it is bad business and it is the town’s screw up.  Chris said she met with the guy from Avitar and showed him the RSA that stated that after a year the town could not charge for the land use change tax.  She said that outside the courtroom, Avitar told Bedard not to worry that they were done with him and would go after the other homeowners.  This was two years after the fact; the RSA states very clearly that you can only go after someone for a year.  Chris said if the town is doing its job, they would know that Mr. Bedard was taking topsoil out of his pit and the land should have been disqualified for current use then. Chris said that she is requesting, before she takes the town to court over the matter, is to check with town counsel to see if he feels that the town has correctly billed.  Cindy said that the current use area in question was not the pit, but the buffer zone around the pit. Randy asked how they could be billed if the town had already gone after Bedard and failed for the same thing.  Cindy said that the town went after Roger; he paid the LUCT and then appealed the matter to BTLA.  Once the assessing company was shown that the buffer zone still existed and allowed the land to stay in current use until the lots were sold; Chris Rhude claimed Avitar said the town would refund the money.  Avitar agreed that they had made a mistake.  Chris said that Avitar made that decision.  Cindy said Roger should have told Chris about the LUCT when he sold the property; that is the problem.  Chris replied that the problem is that the town is not following the guidelines.  Cindy said she would agree to run it by the attorney.  Chris said that just because the town didn’t do their job, she shouldn’t have to suffer for it.  Cindy said the only area in question is the buffer area, not the pit area.  Don Gangemi said that he understood the Rhudes were coming in about a $300 difference in what was assessed on the property taxes for a parcel and what Chris Rhude thought should have been billed.  Cindy said she will come up with a schedule of events to send to the attorney.  Chris wants a reply in writing and wants the attorney to understand that it did not go to BTLA; Avitar made an agreement on behalf of the town which it had no right to do.  Randy Rhude said Roger was charged it (LUCT) because he really owed it.  He refused to pay it.  Cindy said that Roger did pay it, but the town had to refund it once the assessor found out about the buffer zone area.  Chris said that their land is at 100%, but the gravel pit next to their property should decrease the value.  The Fowler River Road property was decreased because of Hall’s pit.  Cindy said that DRA said the town assessed the LUCT properly, according to Linda Kennedy.  Chris asked if that was in writing and said that Linda Kennedy has not been up on that property. Don Gangemi asked who else knows all the background on this.  Cindy said Christie; Chris said Roger. Don asked how the penalty got transferred to the Rhudes.  Cindy said that when property changes hands and is no longer eligible for current use, it is the buyer’s responsibility to pay the LUCT.  Cindy said the attorney should be able to give an opinion on whether the town correctly assessed the penalty.  She also said that she was under the impression that what Chris and Randy were here about tonight was Alice’s property.  Chris asked Barbara if there was still money owed on Alice’s property.  Barbara said there is because the bill was $1875 and Chris said she was only paying $1325.  Barbara said the abatements were applied to the property.  Chris said she paid all of that.  Don asked if the Rhudes were to pay $300+- tonight, they would owe absolutely nothing other than the new tax bills.  Barbara said yes except for the new bill and the LUCT.  Don said he would like to get all the other issues settled tonight so all that is being dealt with is the LUCT.  Chris said she still has a concern where her son was not correctly billed for his property and received a bill after the fact.  Chris said she will write out a check tonight for Alice’s old amount due.  Chris said they had a 911 call to their home and the fire department did not know where Lynn Avenue was.  Cindy said part of Lynn Avenue is in Bristol, so they should know where it is.  Don said if Chris puts her concerns in a letter, the selectmen will forward it on to Bristol.  Chris said it is not right for Avitar to represent the town without having an attorney there.  Cindy asked if Chris had appealed to the BTLA.  Chris said she did not.  Cindy said that once Chris was assessed the penalty, there is a window of time in which she can appeal the decision.  Another issue Chris has with her property taxes is that on Lynn Avenue she is not getting any decrease because she is on a private road.  Also, she has two properties on Fowler River Road across from each other and they are rated differently for neighborhood codes.  Christie looked at all the properties on Lynn Avenue and found that all of them have land at 100%.  On Fowler River Road, she does not know why the neighborhood codes would be different on properties across from each other and will have to ask the assessor.  She will also ask the assessor how it is shown if the property is decreased due to no town maintenance on a road. 

 

Christie showed the selectmen two requests for assistance that cannot be discussed in open session.  They were being submitted because the selectmen had asked to be made aware of any applications that came in.  Both are going to be denied and the applicants informed of their right to appeal.

 

Don went to a meeting in Bristol for a discussion of the county budget; he thought it was just a regional meeting of selectmen.  He did not have a copy of the budget with him and felt ill informed.  Christie had asked the meeting organizers if Don should bring a copy of the budget with him, and she was told that some would be available.  The proposed budget is an increase of some 3.2 million dollars.  Those people present at the meeting expressed their dismay.  Reasons for the increase were given, but were not well received.  Don and others felt that the budget was more of a wish list rather than a needs list.  Martha Richards said she may not have been a strong an advocate as she could have been, but allowed that it is her first term and she is still learning about the process.  In the 2009 budget, the county is expecting to float a 49 million dollar bond for a new jail and corrections department.  They are planning on various maintenance items to the existing facility in the 2008 budget.  Don suggested that a meeting be set up with Burt Williams, other selectmen, budget committee members and others to discuss being ready for the 2009 budget.  Don asked for a copy of the entire budget; Christie will get it for him.  Bill Hall suggested that the county concentrate on prevention so the county jail doesn’t have so many inmates.  Don said that they are actually funding a number of programs which will take a few years to get off the ground.  The present facility has a capacity of 100 people and now holds approximately 120. 

 

Bill Hall asked what is happening with his tax issue.  Christie said she called Avitar and Chris Murdough had just gotten the message from a week ago.  Chris will not be back in town until the 11th, but she did say she would try to get in touch with the Halls before then.  Christie will try to call her again on Friday. 

 

Carol Panaggio wishes to have the mailboxes at her property moved to another area away from the house.  She said the postmaster called the town and talked with someone about it.  Christie has not heard from anyone.  She had suggested Carol call the postmaster about the project in the first place. The postmaster wants all the boxes moved at the same time.  Jeff will be contacted by the postmaster to see if he will approve the site.

 

Deliberative Session brought to order at 6:00 p.m.  Selectmen Reilly was present for this portion of the meeting as were other audience members.

 

Pledge of Allegiance:                         Led by Ann Gangemi

 

Distribution of Minutes:        Minutes of May 24 were distributed

 

Approval of Minutes:            Minutes of May 17 were approved as amended by motion of Don Gangemi
and second of Cindy Williams.  Vote was 3-0.

 

 

 

 

Department Heads:

Kate Barrett was present from the conservation commission.  The commission has been asked to put up a table at community day.  Lakes Region Planning is providing them with some materials to distribute that day as well as some maps for viewing.  The commission is working on by-laws.  An e-mail was received from Bonnie Tourangeau asking to become a member of the commission. 

 

Land Use, Building Permits, Purchase Orders, Other Items Requiring Signature

            Abatements were approved for Christine Roman, Margaret LaBerge and Allen & Valerie Fraser.

            The selectmen signed a commitment letter for the truck loan.

            A building permit was approved for Christopher Perkins.

            The selectmen approved an agreement with the Plymouth Area Prosecutor to provide services
              to the police department.  Frank explained that the fee is based on the number of filings processed
              from the previous year. 

            A letter to Joni Whitney was signed. The letter denied her request to have an inventory penalty
            removed from her account.  She said that she did not get the inventory form, but it has not been
            received back at the selectmen’s office and the same address was used as in previous years, which
            Ms. Whitney stated was correct.

 

            The selectmen approved the appointment of Bonnie Tourangeau to the Alexandria Conservation
            Commission.  Christie will prepare the appointment papers for the selectmen to sign.

 

            Cynthia Plante has requested that the town go back to previous years with her abatement.  She has
            been granted one for 2006, which is what she applied for.  Christie will send her a letter explaining
            that there is a timeline that needs to be followed in order to receive abatement.  If Ms. Plante did not
            follow that timelines in previous years, the abatement cannot be allowed.

 

Follow-ups:

 

Building Issues:  Frank is supposed to prep a plan for the door change.  Frank has contacted 1-2-3
regarding a price on cameras for the department.  The alarm system is still out. The key fobs are not
turning off the alarm; it needs to be done manually.  Cindy asked if there was going to be a camera in
the cell.  Frank said he will be getting a price on it, but is concerned that the ones purchased be
motion sensors so they are not running 24 hours a day when no one is there.  Frank wants to move the
Dutch door from the entry to the police station and put it between the reception and booking areas.  He would then like to see a regular door on the entry to the station.  Cindy stated she wished to comment
on a couple of things that were said last week.  All three selectmen were invited to the meeting with the
insurance company representatives.  The gentleman that came made his recommendations on the cell without any input from her. He was against the cell from the minute he walked in.  Frank said that person also prefaced his remarks with “if I were the chief….”.  Cindy mentioned that because the minutes from last week mentioned that she may have had some input.  Frank stated that what he meant was that Cindy had expressed an opinion in the past against the cell.  Cindy said she is frustrated because she was part of getting this cell in and now it just seems that one thing after another comes up.  Frank stated that right from the beginning he has explained what needed to be in there. The company that put the toilet in has said they will take it back and charge a restocking fee.  With regard to changing the door, Frank would like to perhaps see some sort of service window in the door so people do not have to actually come into the office.  Cindy asked Frank to have any of his officers that do not wish to have a Hep. B shot to sign a release. Christie will follow up with Bonnette, Page and stone to get a price on having the doors moved.

Cruiser Update:  The cruiser is going to be taken to Ossipee Mountain Electronics to have wiring and
other electronics installed.  It will then go back to Hillsboro Ford for the Car 54 items and then will be
outfitted with the new graphics. Hillsboro Ford will not be paid until the Car 54 installation is complete.

Car 54 items are free of charge including the installation.  

Hazard Mitigation Plan Update:  Being worked on.

Flood Insurance Program:  In Boston for review at this point.

School Facilities Committee Member:  Peg will call Todd this week.  There is another meeting soon
            and Cindy will plan to attend.

Generator:  No update

 

Old Business:

Classification of Roads:  Don put together a notice to go with building permit applications explaining
what people have to do to get a permit approved on a Class VI or private road.  He included RSA
notations as well.  Cindy said that is what the Class VI or Private Road waiver is for. Don said that is not good enough. Cindy asked Don if that meant that the town is not going to require any improvements on these roads.  Don said no; what they are going to have to do is to either improve it to the town’s specifications or they can put a statement into a deed, duly recorded at the registry.  Cindy said there is an ordinance that requires improvement.  Don said the RSA states that unless there is undo hardship on the town, the town shall give a building permit.  Cindy said it is a hardship on the town because emergency vehicles will try to reach a location no matter what.  Peg suggested that the board take a look at what Don has prepared.  Cindy said that at one time town counsel came in about the road and there were a lot of questions asked.  Town counsel explained that the town is obligated to follow 674:1 and determine which roads the town would allow building permits on without any improvement being made to the road. Don said she should read the rest of the RSA where it says that the selectmen approve a building permit unless there is undue hardship on the town.  Cindy wants to run it by town counsel again.  There are not that many roads that would be an issue.  Don felt there are a more that just a few if you look at the road listing. 

Gale Road:       No information

Eastman Road:  Michael Beauregard called the office on the 30th and asked what he needs to do in order to get resolution and be able to build up there.  Don said that Mr. Beauregard was directed to meet with Jeff and find out what he wants and then make a presentation to the town.

 

New Business:

Building Permit Fees:  Christie asked if she should be charging a building permit fee if the applicant is not building a new house.           

Various Issues:  Next week there is no selectmen’s meeting; next Friday the office is closed; on the 21st of June there are meetings beginning at 3:00 p.m.; Jim Fredericks will be in that evening at 6:00 p.m. to ask about the methodology used to calculate the road repair invoice he received; Martha Richards is scheduled to update the selectmen on county issues; the lawn mower has blown a head gasket and brake problems, parts have been ordered and will be in within two weeks.  Christie was directed to contact Corey Corliss to mow the lawn one time.  The fire department has requested their appropriation for this year; Christie has scheduled it for payment next week.  Is indemnification going to be voted for?  Yes, at the next meeting where all members are present.  The selectmen will receive a draft policy for the disposition and retention of municipal records.  A policy needs to be voted on.  New transfer station fees for the bulky waste will be published once the electronics fees are decided.  Chris Murdough will be in the office on June 11 for the purpose of printing property cards to be listed.  Cindy will come in that morning in order to ask her questions about Lynn Avenue and neighborhood codes.  Bill Hall is still waiting to hear from the assessor.  He feels that the present assessment is correct, but the previous years are not.  Cindy said that Bill should have gone through the abatement procedure.  Bill said he did but no one listened to him.  He will get a lawyer if he has to.  Christie sent some questions to Chris Boldt regarding Prestige Development and has received answers.  She asked the selectmen to formulate any additional questions they may have and those will be forwarded on to the attorney. 

 

 

 

 

Don Gangemi submitted the evacuation plan sheets for each room.  Christie will have Cat put them in plastic sleeves and mount them on the doors with tape. 

 

Cindy said that on June 18 there is an emergency preparedness conference; she asked George if the selectmen should plan on going.  George said he is going.  Cindy would like to go as well.  Cindy asked if there have been any more complaints about the fire warden. She was told that nobody wants to sign a complaint.  Cindy asked about the highway building.  Don Gangemi is going to follow up on the issue. 

Cindy asked about the audit; she feels it should have been done long ago.  Christie continues to follow up on it. 

 

Public Input:

            Ed Skroback said that he thinks some of the things the town is doing with Avitar might be working. 
            He received a visit from someone with regard to his appeal.  They were quite cordial.  Ed asked if the
            fee he paid to BTLA for his appeal can be refunded if the appeal is withdrawn. 

George Whittaker stopped at the governor’s office again today to try to get some information on agricultural and river cleaning assistance.  He has hit a couple of roadblocks, but will continue his efforts.   

Bill Hall said there is another school meeting for the village school on Saturday at 9:00 a.m. at the town hall.  There will also be one at t he end of the month. 

 

Adjournment:

            Don Gangemi made a motion to adjourn; seconded by Cindy Williams and voted in the affirmative 3-0.

 

Respectfully submitted,

 

 

Christie Phelps, Admin. Assistant