April 8, 2014 Minutes

These minutes were posted by the Selectmen.

TOWN OF PITTSFIELD
BOARD OF SELECTMEN
TOWN HALL, 85 MAIN STREET
PITTSFIELD, NH 03263
_____________________________________________________________

MEETING MINUTES OF TUESDAY, APRIL 8, 2014

CALL TO ORDER

Call to order at 6:00 P.M. by Larry Konopka, Chairman

MEMBERS PRESENT

Larry Konopka (LK), Chairman, Eric Nilsson (EN), Vice-Chairman,
Linda Small (LS), Gerard LeDuc (GL), Albert Douglas (AD), Cara
Marston (CM), Administrative Assistant, and Delores Fritz, Recording Secretary.

MEMBERS ABSENT:

None.

APPOINTMENTS

1. 6:00 P.M.: Ruairi O’Mahony/Safe Routes to School/KV Partners LLC Contract

Ruairi O’Mahony: This is a quick follow-up regarding pre-approval of the Safe Routes to School Engineer Contract. You have the letter from DOT giving you the formal “go ahead” to execute the contract. We have now come full circle. Once we receive the contract, we can start the survey. The project is 100% reimbursable.

(LK) Cara attended the class today. (CM) Is KV Partners going to take care of the environmental review? Mr. O’Mahony: Yes. (CM) What about the monthly reports and the reimbursement amounts to the Town? Mr. O’Mahony: We will assist you with that. (AD) What about if something is found inhibiting proceeding, then what? Mr. O’Mahony: That would be between KV and the State. KV Partners will be giving some report to the Town monthly. (CM) Should the Town Budget for 2015 reflect these funds? Mr. O’Mahony: That would be a good idea.

(EN) Motion to approve KV Partners LLC, SRTS Agreement and authorize Chair to sign. (AD) second. Carried 5-0.

PUBLIC INPUT

Marilyn Roberts read a statement into the Minutes. (See attached.)

(LK) For the record, I was on my cell when you call and I related that I would call you back, which I did. (LK) I do not agree with some of the contents of your statement. Ms. Roberts: I am surprised; you directed the letter be written.

Paul Nickerson: The Library stairs, going by what was said at Town Meeting regarding the update on the Library – some said stairs were not needed. There are other things that need to be done. One Fire Marshall said the stairs were needed and another Fire Marshall said that a second means of egress was not needed. (LK) explained that each Fire Marshall rated the Library differently – one as an assembly and the other as a place of business. Paul Nickerson: So we are not going to do the stairs? (LK) The Board has not decided that yet. Paul Nickerson: Stairs were never needed. It was the way the Government built it. Oil furnaces do not get in trouble. The only thing is the boiler room should have a steel door not a wood one.

Dennis Beaudoin: I follow politics in Concord and the new gaming law involves revenue sharing. If they pass this the money will be split up among the towns in NH and Pittsfield’s share would be about $70,000 a year which is a considerable amount of money. What is the Board’s opinion on this?

(LS) I am not for it; I am opposed to gaming. (GL) I am not surprised there will be revenue sharing. (LK) For me, it would be all about how it is put together. It needs to be controlled. Mr. Beaudoin: In the past, there were no controls and no provisions. (AD) Which organization (vendor) is representing this? Who is the State of NH working with on this? Mr. Beaudoin: No one in particular. It would be passed out to bid.

Close Public Input

(LK) Regarding Ms. Roberts statement, I would like to send it to Town Counsel. (LS) I am not in agreement with that. (LK) She is requesting Non-Public Minutes. (EN) Yes, I agree with Larry, I would not like to do the wrong thing. (GL) No party was violated. (CM) to do.

NEW BUSINESS
ACTION ITEMS

1. Execution of CDBG Program Agreement Amendment for CRDC/Rustic Crust Project

(CM) The verification to be signed by Erica has been revised and she has now signed the document.

(LS) Motion to approve and authorize Chair to sign the Amendment of CDFA/CDBG Program Agreement for Rustic Crust Pizza. (EN) Second.
Carried 5-0.

2. Blais Property Tax Payment Plan

The property owner has requested to reduce payment to $200 instead of the suggested $400.

(LS) I sat in the audience last week and note that RSA 91-A:3 II allows this to be addressed in non-public and it should have been. We should be a little more discreet when discussing people’s lives in public. The damage has been done. Board discussed the impact the reduced payment would have on the taxes owed and agreed:

(AD) Motion to approve Chair signing agreement regarding Tax Map R18, Lot 06 & 10 as noted. (LS) Second. Before Approval: Motion amended to note “letter” instead of agreement. Carried 5-0.

3. Correction on Public Session Minutes – March 18, 2014

(AD) The attachment to the Minutes Board of Selectmen Board & Committee Appointment – 2014, Page 1 should indicate under No. 4 that vote should read: Carried 3-2 (AD) & (LS). I opposed this Motion and have listened to the tapes. Board agreed.

4. Library Fire Alarm Specs Ready for Bid Notice

Fire Chief Martin: I have reviewed the Library Fire Alarm plans and it is now ready to go to bid with a couple of changes that have been completed.

(EN) Motion to approve Library Fire Alarm Plans and Electrical Plans be sent out to bid for Library renovation. (AD) Second. Carried 5-0.

(AD) I would like to commend Eric, Fire Chief and his committee for what they have done to follow through on this.

5. Library Handicapped Access Signage

(EN) There are several signs per code requirements that need to be put up inside Library.

(EN) Motion to approve costs for code requirement signs at Library at about $150. (LS) Second. Carried 5-0.

(LK) There are also some new insulation costs ($245). (EN) I have asked the Building Inspector to review this. (LK) If the Building Inspector approves all this then it can be on the Agenda next week.

6. 12 Foss Avenue Taxpayer Re-Purchase

(GL) I would not like to give back the property without a penalty. (LK) The total taxes and costs incurred to sell is $609.38. Board discussed how to proceed with the repurchasing of the property by the property owner.

(EN) Motion to approve Priscilla Drew repurchasing the property for $609.38 including all costs incurred by the Town to process. (LS) Second.

(EN) Motion amended to include deadline date of May 31st. (LS) Second. Carried 5-0/

7. Federal Tax Exemption Certificate (Liberty International Trucks LLC)

(AD) Motion to authorize Chair to sign Federal Excise Tax Exemption Certificate for Liberty International Trucks of NH LLC. (AD) Second. Carried 5-0.

8. Discussion of Release of Personal Memo

Selectman Small read into the Minutes a Statement dated April 8, 2014. (See Attached.)

After reading the Statement, Selectman Small recused herself from Board discussion and was seated in the audience. (6:55 P.M.)

(AD) I would like to reiterate my opinion. I disagree that it was a confidential
E-Mail since it is a third party writing it. There is nothing in the letter that is personal. This is a civil matter and I am opposed to any further action.

(EN) My opinion is that I believe there is a violation of the RSA . I do not want to hurt anyone and if she will just apologize and assure us it will not happen again, I will be good.

(GL) This has a history of getting out of hand for all sides. I do not want to go through other meetings with shouting. I do not like to be told that we are afraid of one board member. I would like a letter of reprimand. (LK) So would Board like it to be a verbal warning or letter – what does the Board want to do?

(AD) A letter of reprimand indicates that the person did something wrong. The person did not do anything wrong and I am opposed to both.

(LK) This was discussed with Town Administrator at the time with some direction from counsel. PS and I agreed to let Town Counsel explain to Board. As Chair, I want to do what the Board wishes. I have no more say than anyone else. I make mistakes like anyone else. We can table this for a week.

(LK), (EN), and (GL) agreed that they would like to table this for now. (AD) I prefer not to table this and I will not change my opinion.

(LS) returned and was seated on the Board. (7:02 P.M.)

AGENDA REVIEW

(LK) Letter of Thank You – Wendy Chen.

(LK) We have a thank you letter from Wendy Chen to the Building Inspector. Letter was read into Minutes by (CM). (See Attached.)

(LK) Good job, Jesse.

INFORMATION ITEMS

1. Update on Library Project

Please see Nos.4 and 5 above.

APPOINTMENTS – Continued:

7:00 P.M.: Dan Cunningham/Lamcor Corporation – Fayette Street

Dan Cunningham, Luige Silvera and Aaron Karneth were present.
Mr. Cunningham related the proposed use and changes necessary to accommodate the business and gave a brief idea of what the business consists of and whether the building (previous Weaving Company) could be retrofitted to accommodate the business. He related that size-wise the building would be adaptable.

(LK) We would like to see it work for you. Jesse, do you have any concerns about this? Jesse Pacheco: No, it is in the Light Industrial/Commercial Zone and Chief and I have noted a couple of requirements. Police Chief and Highway will also review. (AD) I read your E-Mail and noted that you have two locations presently with ten people – is that a total of ten people? Mr. Karneth noted ‘Yes and we are looking to consolidate the business in one locale. It is becoming too spread out for the size of the company. Mr. Silvera: The biggest issue would be tearing down the small building in the front. It was noted that the business is “not a quiet business” and on occasion can run 24/7. (EN) The weaving company was also not a quite company and ran 24/7. (GL) explained that the parking lot across the street is also part of the property.

Jesse Pacheco: The change of use can trigger a Site Plan Review and it is a good idea for the Town. (LS) Why did you consider Pittsfield? Mr. Karneth: We are starting to look at several locations to centralize and appropriate properties are hard to find because of the size of the equipment. (LK) This is a great community to live and work in. (LS) Any way that we can help, please let us know.

Dan Cunningham, Luige Silvera and Aaron Karneth left at 7:17 P.M.

Break: 7:17 P.M. Resume: 7:24 P.M.

INFORMATION ITEMS – Continued:

2. Town Boards/Committees/Commissions Members

(LK) There are quite a few openings on committees/boards. Advertise? (CM) we could have one ad for all of them. (EN) There are a lot of committees which do not have terms of office – once in they are in forever? (LK) We can address this at another meeting – everyone can think about.

3. Conservation Commission Invitation to April 24th Conservation
Commission Meeting – Wild Goose Pond Conservation

Chris Hill: He presented a copy of the Wild Goose Watershed Report for viewing by Board. We will be putting up some signs – I have talked to George about this and he (George) suggested making the signs with funds from the CC. I would like to get this on the Website also.

Also, on April 24th – Bear Paw: There will be a brief meeting on the Boy Scouts Conservation Project. We would like to invite a Board member to attend.
(GL) volunteered. There will be information and educational signs around.
(LK) Is there anything that you need from us? Chris Hill: No, but see you next budget time – hopefully to increase budget a little.

Chris Hill left meeting at 7:32 P.M.

OLD BUSINESS

1. Proposal to Lease Town Property – Cortese Pending
2. Police Special Detail Rate

(LK) I think we need the Contract first. (CM) to check with Officer DiGeorge.

3., 4., 5., and 6: Wendy Chen & Paul Rogers – Sewer User Fees and Permits

All pending. To be addressed on next Agenda.

APPLICATIONS and WARRANTS

1. Notice of Intent to Cut Timber – Tax Map R7, Lot 3

(EN) Motion to approve Notice of Intent to Cut Timber – Tax Map R7, Lot 3. (LS) Second. Carried 5-0.

2. Notice of Intent to Cut Timber – Tax Map R10, Lots 8-4 & 8-5

(EN) Motion to approve Notice of Intent to Cut Timber – Tax Map R10, Lots 8-4 and 8-5. (GL) Second. Carried 5-0.

3. Notice of Intent to Cut Timber – Tax Map R13, Lots 5-1 & 5-2

(EN) Motion to approve Notice of Intent to Cut Timber – Tax Map R13,
Lots 5-1 and 5-2. (AD) Second. Carried 5-0.

4. Notice of Intent to Cut Timber – Tax Map R38, Lot 10-2

(EN) Motion to approve Notice of Intent to Cut Timber – Tax Map R38,
Lot 10-2. (GL) Second. Carried 5-0.

5. Notice of Intent to Cut Timber – Tax Map R51, Lot 7

(EN) Motion to approve Notice of Intent to Cut Timber – Tax Map R51,
Lot 7. (GL) Second. Carried 5-0.

CHECKS and MANIFESTS

(LS) Motion to approve Accounts Payable and Checks Register.
(GL) Second. Carried 4-0. (EN) Abstain.

(LS) Motion to approve Payroll and Direct Deposit. (GL) Second.
Carried 4-0. (EN) Abstain.

MINUTES

1. Public Session Minutes of April 1, 2014

(EN) Motion to approve Public Session Minutes of April 1, 2014. (GL) Second.

Discussion: (LS) had several comments pertaining to the Minutes namely that she did not remember Selectman Konopka reading the attorney’s E-Mail response. She noted that she did not think the complaint by an employee was “arising out of the employee’s employment,….” The complaint was transmitted to the Board by the employee’s Department Head upon directive of (LK). Also, on Page 9 it is noted that (LK) had pre-approval to have Town Counsel deal with this situation from four Board members……” The Board members did not actually meet prior to the decision to send to Town Counsel. Therefore, the 2/3 vote did not take place as required by RSA 42. This was sent to Town Counsel before that vote was taken. (LK) I made a call to each and every Board member with this request and they all agreed including myself. (LS) According to RSA’s, Board needs to vote on it and have a 2/3 approval. (EN) We have asked Department Heads to give us something in writing on these matters. It says “complaint.”

Vote: Carried 4-0. (LS) Abstain.

2. Non-Public Minutes of April 1, 2014

(GL) Motion to approve Non-Public Session Minutes of April 1, 2014.
(EN) Second. Carried 4-0. (LS) Abstain.

INFORMATION ITEMS – Continued

3. Update HSA Office

Bill Elkins: Hank and I have reviewed the room with the contractor and we should have those figures by the end of the week. It sounds like it is going to be costly – soundproof wall, egress door, crash bar, and heat/thermostat (electrician.)

Bill Elkins: We also have two applications for the administrator position which we hope to fill soon. The files are about 95% caught up and lists of owners will be sent to the appropriate departments.

(LK) Please talk to Clayton about noticing the Public Hearing on the Website.

PUBLIC INPUT

None.

NON-PUBLIC SESSION

(EN) Motion to go into Non-Public Session per RSA 91-A:3 II (a) – The dismissal, promotion or compensation of any public employee or the disciplining of such employee or the investigation of any charges against him unless the employee affected: (1) Has a right to a meeting, and (2) request that the meeting be open, which case the request shall be granted and RSA 91-A:3 II (b) – The hiring of any person as a public employee. (GL) Second. Carried 5-0. Individual members of the Board were polled and all agreed.

Board went into Non-Public Session at 7:50 P.M.

Board returned to Public Session at 8:11 P.M.

NOTE: RSA 91-A (III) – Minutes of proceeding in non-public session shall be kept and the record of all actions shall be promptly made available for public inspection, except as provided in this section. Minutes and decision reached in non-public session shall be publicly disclosed within seventy-two (72) hours of the meeting, unless, by recorded vote of 2/3 of the members present, it is determined that divulgence of the information likely would affect adversely the reputation of any person other than the members of the Board, or render the proposed action ineffective. In the event of such circumstances, information may be withheld until, in the opinion of a majority of members, the aforesaid circumstances no longer apply.

Shall the Minutes be publicly disclosed? No.

Motion made by (EN) and Seconded by (AD) to not publicly disclose the Minutes because it is determined that divulgence of the information likely would render the proposed action ineffective. Carried 5-0. Individual members of the Board were polled and all agreed.

APPOINTMENT: Town Administrator Candidate

(LS) Motion to conditionally hire Michael R. Williams as Town Administrator at a rate of $68,000 per year, contingent upon successful completion of background check and execution of at-will employment agreement by both parties. This position is an at-will position and anticipated start date if May 1, 2014. (EN) Second. Carried 5-0.

(EN) Motion to go into Non-Public Session per RSA 91-A:3 II (a) – The dismissal, promotion or compensation of any public employee or the disciplining of such employee or the investigation of any charges against him unless the employee affected: (1) Has a right to a meeting, and (2) request that the meeting be open, which case the request shall be granted. (GL) Second. Carried 5-0. Individual members of the Board were polled and all agreed.

(LK) Welcome to the Town of Pittsfield.

Board went into Non-Public Session at 8:14 P.M.

Board returned to Public Session at 8:20 P.M.

NOTE: RSA 91-A (III) – Minutes of proceeding in non-public session shall be kept and the record of all actions shall be promptly made available for public inspection, except as provided in this section. Minutes and decision reached in non-public session shall be publicly disclosed within seventy-two (72) hours of the meeting, unless, by recorded vote of 2/3 of the members present, it is determined that divulgence of the information likely would affect adversely the reputation of any person other than the members of the Board, or render the proposed action ineffective. In the event of such circumstances, information may be withheld until, in the opinion of a majority of members, the aforesaid circumstances no longer apply.

Shall the Minutes be publicly disclosed? No.

Motion made by (EN) and Seconded by (AD) to not publicly disclose the Minutes because it is determined that divulgence of the information likely would render the proposed action ineffective. Carried 5-0. Individual members of the Board were polled and all agreed.

OTHER

(LK) Motion to pay Cara Marston $750 per month for every month that she is doing any Town Administrator duties, ending when the new Town Administrator begins on or about May 1, 2014. Ms. Marston agreed to take on a few Town Administrator duties to assist Chair Board of Selectmen while I am acting as the Town Administrator. The Board appreciates Ms. Marston’s willingness to help out which we would like to recognize. (EN) Second. Carried 5-0.

(CM) Thank you, this is appreciated but not necessary. I love my job.

ADJOURNMENT

(EN) Motion to adjourn. (AD) Second. Carried 5-0.

Meeting adjourned at 8:24 P.M.

Approved: April 15, 2014

____________________________ ____________________
Lawrence Konopka, Chairman Date

I hereby certify that these Minutes were recorded by me on April 8, 2014, transcribed and publicly posted on April 10, 2014.

________________________________________
Delores A. Fritz, Recording Secretary

Attachments
Olympus 1.50.24