January 20, 2015 Minutes

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

MEETING MINUTES OF TUESDAY, JANUARY 20, 2015

CALL TO ORDER

Call to order at 5:00 P.M. by Larry Konopka, Chairman

MEMBERS PRESENT

Larry Konopka (LK), Chairman, Linda Small (LS), Gerard LeDuc (GL), Albert Douglas (AD), Michael Williams (MW), Town Administrator, and Delores Fritz, Recording Secretary.

MEMBERS ABSENT:

Eric Nilsson (EN), Vice-Chairman

PUBLIC INPUT

None.

AGENDA REVIEW

(LS) Update on Route 28 Intersection – (MW) Unfortunately, I have no information on this but I will check. Added during the course of the meeting: Hiring of Police Officer, Sewer Warrant, Letter – Carole Dodge.

NON-PUBLIC SESSION

(LS) Motion to go into Non-Public Session per RSA 91-A:3 II (b) – The hiring of any person as a public employee. (GL) Second. Carried 4-0. Individual members of the Board were polled and all agreed.

Board went into Non-Public Session at 5:02 P.M.

Board returned to Public Session at 5:12 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 (GL) and Seconded by (AD) 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. Individual members of the Board were polled and all agreed.

(LS) Motion to approve hiring Khristina Martineau as full-time Police Officer at Step 1 ($19.30) as recommended by Chief Cain on conditional basis.
(GL) Second. Carried 4-0.

APPOINTMENTS

1. Donald Lilljedahl – Complaint

Mr. Lilljedahl: This issue has been ongoing for quite some time. Jim Snedeker has become a public nuisance along with creating a safety issue with his business. I am not trying to stop him from doing business but from doing his business on a public road. He parks his truck in the road blocking the driving lane and I have come close to hitting him several time. He juts out between vehicles and it is necessary to go around him. He is blocking the road.

I have heard that he does not have a permit to operate and that he had to have the wooden fence put up. He is “staging” more and more vehicles, trying to get a better price for the steel.

My problem is that he is in the road. There was an incident when I had trouble getting by and he was yelling and offering obscene gestures, and when I got back I found that my mailbox was crushed – which took me four hours to repair.

I called the police and they came up and they told me they can do nothing since I could not prove that he did it.

Jim Snedeker is blocking the road, yelling at me and “calling me an —.” He is harassing me and I am tired of it. The cops say there is nothing they can do. According to them, he can use the road to load/unload disabled cars. He parks so close to the road that the mirrors on his trucks are in the road – he is gonna get hit. I have no problem with his operating his business but he should be doing it on his own property. I have never seen the cops up there. This is a public issue and there is going to be an accident. He calls me names and displays obscene gestures. Previously, there was no problem, but now there is.

(MW) There is not a lot we can do unless the Police witness something. We are working on his licensing.

Chief Cain: There is always a resolution to a problem and we can speak to him about this. By Statute, he has the right to load and unload from the road. We can see if we can come up with some common ground on this and talk to him about this.

Mr. Lilljedahl: I was told that you had talked to him before and I understand that the “wheels of justice turn slowly.” He can do the staging on his own property and not use the road.

Chief Cain: We are given the “rules” to play by and he is not violating these rules.

(LK) Chief Cain will go and talk to him to check to see if he is within the law. If you do not see any results in thirty days, you can talk to the Chief or Town Administrator.

Mr. Lilljedahl: From where I sit, you are not doing anything about this. (LK) You can call the Police Department when it happens.

Mr. Lilljedahl left meeting at 5:30 P.M.

2. Ted Mitchell Agriculture Committee

Ted Mitchell: I believe you have all received my letter from Janis Conner concerning the establishment of an agriculture commission. She was unable to appear tonight due to another commitment.

To explain the reason for this commission – the State does not do a whole lot for farmers and the agricultural industry. There are a lot of small farms with animals/crops/farm products.

The first priority if this is approved would be to inventory everyone involved with agriculture and/or use of the natural resources to create an informational conduit. Then, to try to promote them in their endeavors. The letter explained in detail the ultimate goal. The commission would not be regulatory but rather advisory.

(AD) Are you anticipating offering some financial plan? Ted Mitchell: There are grants available but at this point, we would like to have the Board’s “blessing” on this. (AD) How many would you have on the commission? Ted Mitchell: About 6-8 maximum, perhaps Chris Hill, State Rep from Agriculture, Ralph Odell, and myself.

(GL) There are way too many committees in Town now. I do not want to destroy farms.

Chris Hill: Surrounding towns have shown interest in this type of commission and they would follow the same footprints as the Conservation Commission. It is an advisory tool and be a great outlet for information.

(LK) There are an awful lot of committees out there and we could utilize other committees to do this.

Carole Dodge: I am not sure exactly what we would need this commission for. The New Hampshire Farm Bureau provides all this information as to what is going on – organic issues, about animals, etc. The Federal Government has tried getting these kind of numbers and has not been successful. You should look deeper into what the State has. Laws change and I even get the RSA’s so I am not sure this is a necessity.

(LS) I think this can be researched further. Ted Mitchell: We are just trying to help the farmers out. (LK) Research it further and get back to us. (GL) There are way too many committees and a limited number of people to work on them which ends up in “burn out.”

Ted Mitchell left meeting at 5:45 P.M.

NEW BUSINESS
ACTION ITEMS

9. Transfer $162,000 to Public Works Dump Truck Fund

(LS) Motion to approve transfer $162,000 from Trustees NHPDIP Fund to General Fund. (GL) Second. Carried 4-0.
10. Transfer $4,264.90 to PDIP Municipal Bldg. Repair Fund

(LS) Motion to approve transfer $4,264.90 from Trustees NHPDIP Fund to General Fund. (GL) Second. Carried 4-0

11. Transfer $2,582.78 from Ambulance Fund to General Fund.

(GL) Motion to approve transfer $2,582.78 from Ambulance Fund to General Fund. (AD) Second. Carried 4-0.

12. 37 Main Street #3 Purchase

(MW) Town took 37 Main Street, No. 1 (Condo) by Tax Deed and then No. 2 (Condo) this past fall. Units 3, 4, 5 remain and Units 4 and 5 are owned by an investment company in New York which they would like to deed to Town for $1.00 per unit. Unit 3 owner would like to sell to Town for $10,000 plus taxes – about $15,500. Town could then sell the property restricting apartments to second floor and above. The three apartments (condos) are in good shape. The developer would have to file with the Attorney General to eliminate the “condo” factor to become apartments. I think this is the kind of direction Town would like to head.

(LS) We would not want to be landlords. If you check the footwork we need to do as I would not want to encourage any extra apartments. (MW) will do research. (LS) This would be a win/win situation if we could find this kind of developer. (MW) We are not looking at a traditional tax deed. (LK) If we could sell this building this way to cultivate businesses only on the lower floor. Developer would have to come to Planning Board for Site Plan for business.

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; 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; RSA 91-A:3 II (e) – Consideration or negotiation of pending claims or litigation which has been threatened in writing or filed against the Town or any subdivision thereof, or against any member thereof because of his membership in such body, until the claim or litigation has been fully adjudicated or otherwise settled. (AD) Second. Carried 4-0. Individual members of the Board were polled and all agreed.

Board went into Non-Public Session at 5:55 P.M.

Board returned to Public Session at 6:55 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 (LS) and Seconded by (AD) 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. Individual members of the Board were polled and all agreed.

Break: 6:57 P.M. Resume: 6:59 P.M.

BUDGET REVIEW

3. 4150 – Financial Administration

(LS) Motion to approve Financial Administration proposed Budget for $147,592. (GL) Second. Carried 4-0.

4. 4191 – Planning & Zoning

(MW) The Planning Board will be hiring a new secretary in April 2015.

(LS) Motion to approve Planning & Zoning proposed Budget for $7,866.
(AD) Second. Carried 3-0. (GL) Abstain.

5. 4902 – Capital Outlay Pending

6. 4915 – Transfers to Capital Reserve Funds (Page 28)

(LS) In reviewing the Operating Transfers to Capital Reserve Funds comparing with the CIP should indicate:

Line 503 – Computer Replacement – WA#11 $ 10,000.
Line 504 – Police Cruisers – WA#12 25,000.
Line 506 – Fire & Rescue Apparatus – WA#13 30,000.
Line 508 – Small Highway Truck – WA#14 15,000
Line 509 – Dump Truck 30,000
Line 510 – Loader – WA#15 10,000.
Line 511 – Grader – WA#16 15,000.
Line 512 – Backhoe – WA#17 5,000
Line 513 – Sidewalk Tractor – WA#18 10,000.

TOTAL: $140,000.

(LS) These will all be on Warrant Articles.

(LS) Motion to approve Operating Transfer to Capital Reserve Funds as noted above. (GL) Second. Carried 4-0.

(LS) What about Line 505 – Fire Alarm System, we no longer have that system. (MW) to check.

(LS) What about Line 516 – Municipal Buildings, could you also check on this one? (MW) to check. (LS) Could you also check on the absolute balances? (MW) to do.

7. 4916 – Transfers to Expendable Trusts

(LS) What about the War Memorial Fund? (MW) to check.

(LS) requested also that the Warrant Articles indicate the dollar amount of impact on taxes. (MW) to add to Warrant Article list.

8. Warrant Articles

Board reviewed proposed Warrant Articles briefly. It is noted that (MW) will check with HSA about the code enforcement officer as opposed to Board, (LS) was not in favor of collecting additional vehicle registration fee of $5.00 for improving roads, dam improvement funds (mandatory by State) and several other articles were reviewed. Warrant Article to address Aqueduct Purchase funds will be added to list. Board will review when Articles are finalized.

OLD BUSINESS

None.

APPLICATIONS and WARRANTS

13. Morency Abatement Request

(LK) Motion to approve abatement for Roger Morency (Tax Map R50, Lot 6). (LS) Second. Carried 4-0.

14. Pickard Abatement Request

(GL) Motion to deny abatement Edward & Cynthia Pickard, Tax Map R50, Lot 3 per Avitar recommendation. (LS) Second. Carried 4-0.

15. Bayview Loan Servicing Abatement Request

(LS) Motion to deny abatement Bayview Loan Servicing, Tax Map R17, Lot 1-1 per Avitar recommendation. (AD) Second. Carried 4-0.

16. Batori Abatement Request

(LS) Motion to approve abatement Zoltan Batori per Avitar recommendation. (GL) Second. Carried 4-0.

17. Sewer Warrant

(LS) Motion to approve Sewer Warrant ($93,457.37). (GL) Second. Carried 4-0.

CHECKS and MANIFESTS

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

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

MINUTES

1. Public Session Minutes of January 6, 2015

(AD) Motion to approve Public Session Minutes of January 6, 2015.
(GL) Second. Carried 3-0. (LS) Abstain.

2. Non-Public Session Minutes of January 6, 2015

(GL) Motion to approve Non-Public Session Minutes of January 6, 2015.
(AD) Second. Carried 3-0. (LS) Abstain.

OTHER:

1. Letter – Carole Dodge

Carole Dodge: I am curious as to the explanation why there was a significant increase for the EDC budget. It is a big increase and after thinking about, I do not know of anything that would warrant such an increase. I thought Board could take another look at it.

(LS) We have not been able to accomplish a Town profile yet and there are three or four meetings with Stuart Arnett that we would like to have. The EDC is trying to expand out a little bit more this year. We have a good committee that puts in a lot of time and we are trying to do a little more promotional endeavors.

Carole Dodge: I was just curious as this was a good size increase and EDC is a small committee.

PUBLIC INPUT

Carole Dodge: Just to bring the Board up-to-date on the ZBA, we have brought several zoning issues to the Planning Board which they have all but blocked. There are a lot of inconsistencies in the zoning district lines which was brought to the attention of the Planning Board, but they indicated that they did not have enough information to proceed and suggested we address the Master Plan Committee. We talked to the Master Plan Committee and advised them of what we would like to attempt to do and they have given us “approval” to work with it. ZBA will spearhead this as I think we have a good handle on it. We have contacted Matt Monahan who will work with us in the future when we are further along in our research. We will try and make all the zones equal which are now uneven and make the definitions match the maps. We have a Work Session scheduled for Thursday.

(LK) Anything that this Board can do to help you, please let us know. I know this can be frustrating and can affect different individuals. I did suggest forming a committee but it was not accepted. Carole Dodge: The Zoning Board will work on it together. We know where the stumbling blocks are and we will try and streamline it and then bring it to the Planning Board.

Close Public Input

Break: 7:52 P.M. Resume: 7:57 P.M.

NON-PUBLIC SESSION

(GL) Motion to go into Non-Public Session per RSA 91-A:2, I(a): Strategy or negotiations with respect to collective bargaining. (LS) Second. Carried 4-0. Individual members of the Board were polled and all agreed.

Board went into Non-Public Session at 7:59 P.M.

Board returned to Public Session at 8:25 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 (GL) and Seconded by (LS) to not publicly disclose the Minutes because it is determined that divulgence of the information likely would render the proposed action ineffective. Individual members of the Board were polled, and all agreed.

ADJOURNMENT

(LS) Motion to adjourn. (GL) Second. Carried 4-0.

Meeting adjourned at 8:27 P.M.

Approved: February 3, 2015

______________________________ ________________________
Lawrence Konopka, Chairman Date

I hereby certify that these Minutes were recorded by me on January 20, 2015, transcribed and publicly
Posted on January 22, 2015.

__________________________________________
Delores A. Fritz, Recording Secretary

No Attachments/Olympus: 1:41:16