Minutes of Meeting

Board of Selectmen

Meeting held upstairs in Town Hall Monday July 6, 2009

Attending: Town Manager Edward Samson

Selectmen Allan Carr, David Stickney and Leo Enos

Others attending: Alan Savage, Murray Vashaw, Joe Bachofer, Valerie Johnson and Lou Niles.

The meeting was called to order at 6:30 P.M. by Chairman Allan Carr followed by the Pledge of Allegiance.

APPOINTMENTS;

Richard Stoddard was to come before the Board but due to a scheduling conflict was unable to attend.

OLD BUSINESS:

To review and approve the minutes of the June 15, 2009 meeting.

A motion was made by Leo Enos and seconded by David Stickney to approve the minutes as written. A vote was taken and the motion carried.

Department Head Up-dates: None

Signing of Various Paperwork:

Timber Tax Levy –

Cathleen, Nancy Gaynor & Sally Gaynor Knecht - land on Page Hill Road\

Tax was $23.33 R03-001

NEW BUSINESS;

Edward Samson stated that Dennis Patnoe had gotten a grant on behalf of the Town from the Motor Vehicle Waste Oil in the amount of $2,500.00 and the money will be used for the new bailer. Mr. Samson requested that Mr. Patnoe be given the authority to sign all of the necessary paperwork regarding this.

A motion was made by Leo Enos and seconded by David Stickney to give authorization to Dennis Patnoe to sign all necessary paperwork regarding the Waste Oil Grant. A vote was taken and the motion carried.

Edward Samson gave an update on the Richard Roy Water Sewer Bill issue. He stated that Mr. Roy was unable to go into the house on 47 High St. due to a restraining order placed on him. The first time he entered the house was after he had received the billing in the amount of $2,955.00 for a 6 month period. Mr. Roy said that the house was heated at the time but a section of pipe had frozen and split causing water to leak. Leo Enos felt that under the circumstances the Town should abate Mr. Roy and have him pay only what it would have been for 6 months regular use ($400.00 +-) David Stickney asked if it had been leaking that long wouldn’t it have damaged other things. Allan Carr said that he felt that it should have been checked during the winter, even if Mr. Roy did have to have an officer with him. After much discussion a motion was made.

A motion was made by David Stickney and seconded by Leo Enos to abate Mr. Roy’s Water and Sewer bill by 50% - he will have to pay $1,477.50. (Total was $2,955.00) A vote was taken and the motion carried.

Edward Samson said that the Portland Pipeline Appeal was still in progress as their assessment went from 5 ½ million to 10 ½ million. Mr. Samson has met with Skip Sanscoucy on this. The Pipeline has hired an independent assessor and they gave a figure of 6 ½ million. The Pipeline has paid their 2008 taxes. They would like to forego what has been paid in the 2008 year and do a 5 year plan. Their proposal is for 7 ½ million and if the Town does have to reimburse them it would be based on 8.3 million. Mr. Samson said that he feels that they could be assessed on 8 ½ million value for a 5 year plan. He also feels that the Pipeline is just playing the game, he feels that they want to settle but would rather appeal. Mr. Samson said that he does not want to go any lower than the new assessed figure and he said that it is Mr. Sanscousy’s job to work on this and will not offer anything other than what is proposed.

Issue of Johnson Land on Depot Street:

At this time Valerie Johnson and Lou Niles were present at the meeting to discuss an issue that they have with the Town regarding land that is owned on Depot Street by the Johnson’s.

Mr. Samson stated that he had had several discussion with the Johnson’s regarding this issue but wanted documentation in the minutes regarding it.The Johnson’s had bought the lots between the Railroad and Depot Street which included the brook crossing. The Town had done a Bridge Easement across the property and used some of the granite from the old bridge to construct wing walls for the new bridge. Mr. Johnson stated that he had had a buyer for the granite and it was not up to the Town to use it for the wing walls without his permission.. Mr. Samson said that he had documentation from DES indicating our intent to reuse the granite and doesn’t feel that the Town owes for the granite. (Mr. Johnson wants $12,000.00 for the granite).

Also there is no clear documentation regarding the road previously Rowell Place now Foss Place as to where it is laid out. It crosses the Johnson lots. The Johnson’s believe that they own Foss Place. Mrs. Johnson showed a survey map showing that they own land on each side of the road.

Mr. Samson advised that he had discussed this with town council. Town Council believes that because the Town has continued to maintain Foss Place, that the Town has the right by prescription. Mr. Johnson offered to sell the road to the Town for $27,000.00 per acre plus 10%

At this time Lou Niles asked to speak to the issue. He stated that the Richardson buildings were unsafe and that they were a hazard to the Johnson’s . Mr. Samson stated that the Johnson’s only bought the land not the buildings and that they would not be discussing anything further .. Mr. Samson also stated that the Town does not take buildings for back taxes if it is a burden to the municipality.

Mr. Samson stated that the Select board was aware of the situation and that they support the position that Town Council has given them.

Mrs. Johnson stated that the granite was used with out their permission and that the Town did not notify them in writing prior to starting construction.

David Stickney stated that the DES permit stated that the granite was going to be used, Mrs. Johnson still said that they were not notified as such. They purchased the property in March of 2008.

A motion was made by Leo Enos and seconded by David Stickney that the Select Board concur with Town Council and follow his direction concerning the Johnson issue. A vote was taken and the motion carried.

Mrs. Johnson stated that she had hoped that they could solve the issue at a low level, but due to tonight’s meeting the are going to go ahead with a lawyer.

INFORMATION:

Also in the packet were building permits for:

Joseph Ackroyd on 205 Garland Road

Todd Virtue & Karoline Perelata on 511 Prospect St.

Richard Bernier on 11 Page Hill Road

Leo & Lisa Enos on 309 Main St.

Henry & Eldora Farnsworth on 354 Elm St.

Russell Scott, Sr. on 15 Woodcrest Lane

It was also mentioned that the Passumpsic Bank would like to have the large tree taken down on the corner of Main and High Streets, they seem to feel that it blocks the view of their sign. After some discussion no decision was made.

Noting that there was no further business to come before the meeting a motion was called for to adjourn.

A motion was made by David Stickney and seconded by Leo Enos to adjourn the meeting. A vote was taken and the meeting adjourned at 7:20 P.M.

Respectfully Submitted: Approved:

Sandra E. Doolan –Clerk Allan Carr

David Stickney

Leo Enos

Board of Selectmen