December 17, 2013 Minutes

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

MEETING MINUTES OF TUESDAY, DECEMBER 17, 2013

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),
Paul Skowron (PS), Town Administrator, Delores Fritz, Recording Secretary.

MEMBERS ABSENT

None.

PUBLIC INPUT

None.

AGENDA REVIEW

(LS) Info: Legal Matters; (LK) Library, BOS Meetings January/February 2014; (PS) Appointment – George Bachelder Re: Town Property, Snow Removal from Storefronts, Police Chief E-Mail Re: Extension for Response Time to Traffic Ordinance, Acceptance of NH Homeland Security Grant in the Amount of $300. For Barricades, Transfer from Ambulance Fund to General Fund in the Amount of $781.32, Draft Fire Chief Contract from Attorney Deragon.

NEW BUSINESS
ACTION ITEMS

12. Snow Removal from Storefronts

(LK) I have talked to George about this; he is having difficulty removing snow from storefronts especially on Sundays. Tenants park their cars on the street to allow their parking areas to be shoveled when it snows. George Bachelder: This has been a problem for several years. Early in the mornings, people park their vehicles on street to allow their parking area to be vacant for snow removal. Some individuals even park on the street all day long. It becomes hard ice and is almost impossible to remove. I have asked the Chief to enforce the parking but he seems to think it would be too difficult. People need access to the businesses. I would like to see the ordinance changed to two hour parking and have it enforced.

(LK) noted that on Sunday there was a 1 ½ foot of snow in front of the storefronts. I think we should go with George’s recommendation. Some tenants are parking in front of the storefronts all day. (LS) If we have these rules, then they need to be enforced.

(PS) This would be part of the Traffic Control Ordinance revisions as suggested by Chief Wharem. He has requested an additional thirty days to review Ordinance and complexly overhaul it. Board agreed. (LS) That is fine but we need to make sure that the current ordinance is being enforced. I support you, George.

George Bachelder: Main Street seems to be the problem. (LK) There should be two hours parking 24 hours a day/7 days a week. (EN) But only in the winter months. When a storm comes, there is no street parking in Concord and cars are towed. George Bachelder: As long as people can use the businesses. (LK) We don’t have that many businesses and we need to save spaces for those business customers. George Bachelder: I support the business and if we do not, then why have them. (LS) I am all for it, but we have to support the Ordinance. (GL) Most tenants have two parking spaces they should be using. (AD) If we enforce it once or twice, it might clear up the issue. (PS) to contact Chief Wharem to notify him to enforce the parking.

APPOINTMENTS

6:15 P.M.: George Bachelder Re: Town Property

Homeowners Joseph and Polly Cortese were present.

(LK) noted that Town had received a letter concerning the land adjoining the Cortese property. I think this should be given to Code Enforcement. (Board members reviewed the map pertaining to this property, after which the map was given to Jesse Pacheco, Building Inspector for review.)

Joe Cortese: It was a surprise to us that this was Town property. We had no idea; up until this morning, it was our assumption that our property was to the tree line. Before I proceed further, I would like to thank the Board of Selectmen for the job they do. I have been here about twenty years and am now confused about the property line. We always assumed that the meadow was ours. He offered an explanation of his recent increase in business, his civic mindedness, safety issues and what he has done for the community.

(LK) We are in the process of getting some legal guidance on this. We have to protect the taxpayers and we want to work with you. Hopefully, we can have some other options available to us. I have given the map to Jesse for review and am checking the liability to the Town. I would encourage you to go to Zoning and start the paperwork for the business on the property. Jesse can advise you.

George Bachelder: This came to light about two months ago via a letter from Ted Mitchell. There are no issues at all with the parking. The jobs are important to the community and we do not need to drive businesses out of Town. Mr. Cortese: Safety is our issue as well as your concerns. When asked, he related that he has a global business in rare stamps and coins. If the business continues to thrive, we will have to move the business but we are not ready to do that yet. (AD) What was the complaint? Mr. Cortese noted that he has a history with the personalities of his neighbors.

(LK) again encouraged him to see Jesse for assistance in filling out the application to go before the Zoning Board.. (LS) I am thankful for your business and agree with Larry that you should get the paperwork done and processed. (GL) By following through, it will protect you and the Town.

George Bachelder left meeting at 6:30 P.M.
Joseph and Polly Cortese left meeting at 6:30 P.M.

NEW BUSINESS – ACTION ITEMS – Continued:

1. Board of Selectmen to Schedule Public Hearing for Revision to Traffic Control Ordinance

See No. 12 above.

2. Pennichuck Rate Increases

(LK) As you all know, there are some increases for Pennichuck. (PS) I know you hear about it so often but it has gone to the PUC for filing for permanent increase, but they are also seeking a temporary order to increase the water rate by 7% while the permanent rate case is pending. The temporary rates will be reflected in bills issued after November 22, 2013. This would reflect in the hydrant charges and impact the average residential connectors. (LS) This is a significant increase. (PS) About the only thing you can do at this point is to have legal counsel attend the PUC hearing and provide evidence to the contrary.

(LK) I have been contacted by the Concord Monitor about this and I commented that the Board would be discussing this at the December 17th meeting and in this economy; I do not like to see increases.

3. Review of Town Owned Properties

(PS) The Board has requested a list of the Town owned properties which have been “on the books” for an extended period of time. This list has been prepared by Cara and Erica.

(EN) Motion to approve an auction to dispose of these properties.
(AD) Second. Carried 5-0.

(LK) Paul, would you contact the Auctioneer to assess these properties and move forward with the sales. (PS) to do.

4. Discussion of Town Hall Floors

(PS) As you will note, (LK) has requested Jesse to evaluate the condition of the tile floors in the Town Hall.

Jesse Pacheco, Building Inspector: There are a few older floors in the Town Hall. He explained that the heavier plywood base should have been used but was not and any debris, nail heads, etc. now have a tendency to “pop up.” I think that is what is giving us the problems and the floors are lifting in some areas. There are no dangerous areas now. Keeping the floors buffed and waxed helps. (AD) What about the public areas? Jesse Pacheco: Those areas seem to be tight. If it had been done properly originally, it would be alright. Board discussed worst areas, suggestions for repair, and areas of repair. (EN) suggested doing the main hallway. (LK) Jesse, could you get us a price for doing the main hallway up to the large conference room. Jesse Pacheco advised he will do this and get back to the Board.

5. Transfer from the General Fund to the Conservation Commission LUCT
Fund in the Amount of $1,100.

(LS) Motion to approve transfer of $1,100 from the General Fund to the Conservation Commission LUCT Fund. (EN) Second. Carried 5-0.

6. Transfer from the Ambulance Fund to the General Fund in the
Amount of $12,881.23

(LS) Motion to approve transfer of $12,881.23 from the Ambulance Fund to the General Fund. (EN) Second. Carried 5-0.

7. Transfer from Computer Replacement Capital Reserve to the
General Fund in the Amount of $9,000.

(LS) Motion to approve transfer of $9,000 from the Computer Replacement Capital Reserve to the General Fund. (EN) Second. Carried 5-0.

8. Transfer from Animal Control Fund to the General Fund
in the Amount of $24.

(LS) Motion to approve transfer of $24 from the Animal Control Fund to the General Fund. (EN) Second. Carried 5-0.

9. Request to Abate Sewer Bill

(PS) Property owner has requested an abatement on their sewer bill due to a negligent tenant that allowed toilet to run constantly for over two weeks.
(LK) The average bill is around $125. The burden should not be all on the Town. (EN) Doesn’t the owner usually check with Pennichuck? (LS) We do not usually just approve these.

(EN) Motion to deny abatement for sewer bill 1-3 Leavitt Road with the proviso that the Board could possibly reconsider the request once the problem has been corrected. (GL) Second. Carried 5-0.

(GL) The reason why I denied it was because we are not responsible for tenant actions.

10. Consideration of Action on Encumbrances

(PS) As you will note, attached is list of 2013 Encumbrances & Non-Lapsing Appropriations. Board discussed encumbrances and agreed that
Line 01-4990-1-014 should be addressed. (PS) will try to get some costs to cover the clean-up of tax deeded properties.

(LS) Motion to approve 2013 Encumbrances & Non-Lapsing Appropriations as presented. (See Attached.) (EN) Second. Carried 5-0.

11. Avitar Recommendations for BTLA Settlements

(PS) Per Avitar recommendation and BTLA mediation process, property owner has offered to settle the appeal for a reduction in assessment of $15,000 for each property: 86 Main Street and 17 Depot Street.

(EN) Motion to approve abatement of $15,000 for 86 Main Street and 17 Depot Street per assessor’s recommendations. (AD) Second. Carried 5-0.

13. Police Chief E-Mail Re: Extension for Response Time to
Traffic Ordinance

See No. 12 above.

14. Acceptance of NH Homeland Security Grant in the Amount of
$300 for Barricades

(PS) As the Board will recollect, Rob Freese, Emergency Management Director filed for this grant for the purchase of new barricades. The Grant has been awarded.

(AD) Motion to accept NH Homeland Security Grant for $300 for barricades. (LS) Second. Carried 5-0.

15. Transfer from the Ambulance Fund to the General Fund in the
Amount of $718.32

(AD) Motion to approve transfer of $718.32 from Ambulance Fund to the General Fund. (EN) Second. Carried 5-0.

16. Visions Meeting

(LK) I wanted to explain in detail what Visions Committee goals are which are mostly for the Fire Department and Police Department but also involve other departments as well. It is to project future goals such as a Safety Complex 15-20 years down the road and try to come up with some solutions as to how to accomplish those goals. This could be for the Town of Pittsfield and perhaps, jointly with one or even two other towns. I realize that this may be a far in the future, but it would be something that we could discuss and prepare for.

17. Library

(LK) I had an opportunity recently to discuss the Library with Bill Miskoe and the length of time that it is taking to have the renovations accomplished. He did have a very good idea in encouraging the Engineers to begin work on the interior stairs as soon as possible since exterior work will need to wait until next year. (EN) related that there is a meeting of the Library Improvement Oversight Committee on Thursday, which will be their first meeting and at which time they can possibly discuss this. (LS) If this happens, it will not affect the costs? (EN) It should not.

18. Board of Selectmen Meetings

(LK) noted that the Board of Selectmen have various issues pending early in the year and would like to have meetings on January 7th, 14th, 21st and possibly the 28th. Board agreed. (LK) noted that after February, Board can determine meeting dates accordingly.

19. Legal Matters

(LS) I noticed on a couple of the counsel bills that there was a discussion pertaining to a Town Manager. Why? (LK) noted that he had just wanted to get some details on this subject. (LS) related that she felt that this was not necessary.

INFORMATION ITEMS

1. E-Mail and Draft Fire Chief Contract from Attorney Deragon

(PS) In your packet of information, you have an E-Mail from Atty. Deragon concerning the draft Fire Chief Contract. She has completed the revisions as requested by the Board and is now referring it to the Board for final revisions, changes, or additions.

(EN) questioned whether day after Thanksgiving is an official holiday. (PS) It is not an official holiday but in many communities it is. At this point, Board can further review contract for completion and let Chair or myself know.

OLD BUSINESS

None.

APPLICATIONS and WARRANTS

1. Low Income Housing Tax Credit Abatement in the Amount of
$6,164 for Tax Map U03, Lot 37-1

(PS) This is the annual tax credit for Rolling Green which is filed annually by the low income housing property owner electing to pay taxes on the greater of 10% of their actual income or taxes based on the income approach.

(LS) Motion to approve Tax Credit Abatement in the amount of $6,164:
Tax Map U03, Lot 37-1 per assessor’s recommendation. (EN) Second.
Carried 5-0.

2. Intent to Cut Tax Map R38, Lot 10 and Lot 2

(PS) This is all in order.

(EN) Motion to approve Intent to Cut Tax Map R38, Lot 10.
(AD) Second. Carried 5-0.

3. Tax Deeded Property Abatements in the Amount of $32,893.25

(PS) The properties are those taken by Tax Deed.

(EN) Motion to approve tax abatements for Tax Maps R04, Lot 1-1, R04, Lot 1-6, R04, Lot 1-7, U03, Lot 44-C2, and U06, Lot 7 a total of $32,893.25. (AD) Second. Carried 5-0.

4. Application for Veterans Credit, Tax Map U01, Lot 48

(EN) Motion to approve Veterans Credit, Tax Map U01, Lot 48.
(LS) Second. Carried 5-0.

5. Tax Abatement Request Due to Building Fire – Tax Map U06, Lot 33

(LS) Motion to approve tax abatement for Tax Map U06, Lot 33 for $4,593 per assessor’s recommendation. (EN) Second. Carried 5-0.

CHECKS and MANIFESTS

(EN) Motion to approve Accounts Payable and Checks Register.
(AD) Second. Carried 5-0.

(EN) Motion to approve Payroll and Direct Deposit. (LS) Second. Carried 5-0.

MINUTES

1. Public Session Minutes of December 3, 2013

(EN) Motion to approve Public Session Minutes of December 3, 2013.
(GL) Second. Carried 4-0. (LS) Abstain

2. Non-Public Session Minutes of December 3 2013

(EN) Motion to approve Non-Public Session Minutes of December 3, 2013.
(GL) Second. Carried 4-0. (LS) Abstain

PUBLIC INPUT

None.

NON-PUBLIC SESSION

(LS) 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 7:32 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 (LS) to not publicly disclose the Minutes because it is determined that divulgence of the information likely would affect adversely the reputation of any person other than a member of the Board and render the proposed action ineffective. Carried 5-0. Individual members of the Board were polled and all agreed.

ADJOURNMENT

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

Meeting adjourned at 8:22 P.M.

Approved: January 7, 2014

__________________________ ____________________
Lawrence Konopka, Chairman Date

I hereby certify that these Minutes were recorded by me on December 17, 2013, transcribed and publicly posted on
December 19, 2013.

________________________________________
Delores A. Fritz, Recording Secretary

I Attachment
Olmypus 1.31.28