January 14, 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, JANUARY 14, 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), Paul Skowron (PS), Town Administrator, and Delores Fritz, Recording Secretary.

MEMBERS ABSENT

Gerard LeDuc (GL), Albert Douglas (AD),

PUBLIC INPUT

Ralph Eckhardt: The Assessor came around and never notified me that he was coming. I caught him looking around. They did not send any notice that they would be around and there was nothing in the paper about being reassessed. I threw him off my property. He caught some of my wrath. They know who owns the property and if he wants to see the property, then he should make an appointment. (PS) I talked with Cara about this. I will check into what we do for public announcement. (LS) Mr. Eckhardt, Paul will check on this.

Ralph Eckhardt: They should get permission from the owner. He wanted to go into my garage and I would not allow him to. He was nosing around my trailers and I have thefts in the past. I do not want anyone nosing around without permission. You cannot do assessing with snow on the ground. I think they were taking the outside dimensions but they still should have permission. They told me that they had been in the Town Hall to report and I wanted you to hear my side of the story.

(LK) We will send a letter to Avitar on this.

Close Public Input

AGENDA REVIEW

(EN) Library Committee, Non-Public – Employee; (PS) Employment Law Counseling, FMLA Leave and Non-Public Session – Union Negotiations.

NEW BUSINESS
ACTION ITEMS

1. Tax Deeded Property/Repurchase Request

(PS) This is an update on the Foss Avenue property. Erica has talked to the family. They have been advised that Board is willing to sell property back to them and the way that it can be accomplished. She has given them a deadline of
January 27, 2014.

2. Risk Assessment Questionnaire/Request of Auditors

(PS) This was addressed last week.

3. Tax Collector/Lien Search Contractor

(PS) This is the same contractor which the Town Clerk has retained in previous years. It is before you tonight for approval.

(EN) Motion to approve Contract with Independent Contractor with Confidentiality Agreement for Jane Sanders Searches.
(LS) Second. Carried 3-0.

It is noted that this is a one-year contract.

4. Transfer from the General Fund to Ambulance Fund in the
Amount of $2,179.96

(LS) Motion to approve transfer of $2,179.96 from the General Fund to the Ambulance Fund. (EN) Second. Carried 3-0.

5. Review of Draft Town Meeting Warrants

(PS) I do not know if Board wants to take any action tonight but this should be accomplished no later than Board’s next meeting so Budget Committee has Selectman’s recommendation before Public Hearing on February 5th.

(PS) I would like to bring to your attention that I have requested Clayton Wood, Chair of the Planning Board to review the Warrants concerning the Zoning Ordinances and also offer their recommendation of approval on these Warrants.

Also, Articles 23, 24 and 25 – Article 23would discontinue the Bridge Repair Trust Fund established in 1981 (funds will be transferred to the General Fund). Article 24 is to abolish the War Memorial Commission established in 1974 and Article 25 would be for the transfer of these funds (to the General Fund – which should be noted in the Article.) These were created at Town Meeting and need to be abolished at Town Meeting.

Board will review and any modifications/corrections, (PS) will be notified.

(PS) noted that he has sent to Town Attorney an Ordinance which is being recommended by State Police that background checks be performed for all hawkers and vendors. (EN) We usually do. (PS) Yes, we do but some
Towns do not. There are no Citizen Petition Articles this year.

6. Employment Law Counseling

(PS) Everyone has now been informed that Atty. Beth Deragon is moving to a different firm (McLane, Graf, Raulerson & Middleton in Manchester, NH). So, Board needs to decide whether to continue to retain Atty. Deragon at her new firm, keep files at current firm, transfer files to another law firm or return file to Town.

(LK) I have discussed with Atty. Deragon and questioned whether Town would be charged for travel time/gas from Manchester. She has assured me that Town will not be charged for this. (LK) My thoughts are that this is a bigger law firm and can offer a bigger pool of resources. (LS) I would think staying with her for at least the short term would be the best solution and we will see how it works out.

(EN) Motion to transfer files to firm of McLane, Graf, Raulerson & Middleton, P.A. (LS) Second. Carried 3-0.

After Discussion:

(EN) Motion amended to include: with understanding that no additional charges for travel will be accrued. (LS) Second amended. Carried 3-0.

It was felt that this information in writing would not be necessary.

7. Advertising – Town Administrator

(LK) As you will note by the E-Mail from Atty. Mitchell, you have a list of sources of publication for Town Administrator. Board agreed to advertise NHMA (print & online) and Listserve for the NH Municipal Management Association. Deadline date will be February 14, 2014.

(LS) Motion to approve advertisement for Town Administrator as written and to advertise as noted above with response date of February 14, 2014.
(EN) Second. Carried 3-0.

8. Library Committee

(EN) Committee met on Thursday (January 9th) and has set date for meeting with architect for January 29th at 6:00 P.M. which will include Fire Chief and Building Inspector. Board members are also welcome to attend.

(LK) I met with Library Director, Beverly, just tonight. She voiced her concerns and I explained that once this project begins we are going to try to it right the first time.

9. Board of Selectmen/Visions Meeting

(LK) On January 28th, the Board will meet at 5:30 P.M. for a short business meeting and at 6:00 P.M. we will have a Visions Committee meeting.

INFORMATION ITEMS

None.

OLD BUSINESS

None.

APPLICATIONS and WARRANTS

None.

CHECKS and MANIFESTS

(LS) Motion to approve Accounts Payable and Checks Register.
(EN) Second. Carried 2-0. (LK) Abstain.

(LS) Motion to approve Payroll and Direct Deposit.
(EN) Second. Carried 2-0. (LK) Abstain.

MINUTES

1. Public Session Minutes of January 7, 2014

(EN) Motion to approve Public Session Minutes of January 7, 2014 with Correction. (LS) Second. Carried 3-0.

Correction:

Page 3, Paragraph 4 should read: (LS) Motion to approve Article 13 for $25,000 to be added to the……………

2. Non-Public Session Minutes of January 7, 2014

(EN) Motion to approve Non-Public Session Minutes of January 7, 2014.
(LK) Second. Carried 3-0.

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 (c) – Matters which, if discussed in public would likely affect adversely the reputation of any person other than a member of the Board itself, unless such person requests an open meeting. (EN) Second. Carried 3-0.

Individual members of the Board were polled and all agreed.

Board went into Non-Public Session at 6:37 P.M.

Board returned to Public Session at 7:00 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 3-0. Individual members of the Board were polled and all agreed.

OTHER

(LS) Motion to approve FMLA leave for George Bachelder through
February 14, 2014 as requested. (EN) Second. Carried 3-0.

APPOINTMENT

1. Fire Chief/Building Inspector Re: Inspection of Building

(LK) This is in reference to a Pittsfield business several issues pertaining to life safety measures including emergency lighting, exit signage and general housekeeping. (LS) Has the owner been contacted? Jesse Pacheco, Building Inspector: Not yet. (LK) Have you had a legal review in reference to this?
Fire Chief Martin: No. Jesse Pacheco: We are also waiting for answers to some issues pertaining to the original Site Plan which I have requested from Clayton Wood. These letters are rough drafts. Should we be notifying the tenant as well as the owner? Board agreed to have legal check this out. Fire Chief Martin: I do not think we need legal on this. These are safety violations and need to be corrected. (LK) I understand what you are saying but want to make sure that should anything develop that legal is up-to-date on the matter. That would be my only reason for this.

Jesse Pacheco: The business has to abide by the safety codes. My concern is that no one should be hurt in the building.

(PS) to send drafts to Atty. Mayer and after review, will send the letter dated January 14, 2014 to owner and cc to all tenants noting February 12, 2014 at
11:00 A.M. for State Fire Marshall to conduct a Life Safety Inspection throughout the facility. Jesse Pacheco: I do not think I have a list of all the tenants. We know of two but believe there are additional tenants also. (LK) I would suggest contacting counsel to determine how to proceed with this. Please keep Paul informed.

2. Health Officer Appointment Form

Fire Chief Martin offered a form to Board for signature for State appointing him as Health Officer. (Board signed document.)

(EN) Motion to approve resignation of Board of Selectmen as Health Officer for Town of Pittsfield. (LS) Second. Carried 3-0.

(EN) Motion to approve appointment and sign Health Officer Appointment Form appointing Fire Chief Robert Martin as Health Officer for Town of Pittsfield.
(LS) Second. Carried 3-0.

3. Library Building Safety Update

Jesse Pacheco, Building Inspector: The lighting (EBU and Exit signs are now installed inside), fire extinguisher is installed, and other small issues have been addressed and next is the heating system. (LK) I talked to Beverly tonight and I believe that was being fixed while I was there. Just for your information, I did discuss the Library renovation and explained to her this is going to be done once and correctly.

ADJOURNMENT

(LS) Motion to adjourn. (EN) Second. Carried 3-0.

Meeting adjourned at 7:25 P.M.

Approved: January 21, 2014

____________________________ _________________________
Lawrence Konopka, Chairman Date

I hereby certify that these Minutes were recorded by me on January 14, 2014, transcribed and public posted on
January 16, 2014.

_____________________________________________
Delores A. Fritz, Recording Secretary

No Attachments
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