January 22, 2013 Minutes

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

MEETING MINUTES OF TUESDAY JANUARY 22, 2013

CALL TO ORDER

Call to order at 6:05 P.M. by Larry Konopka, Chairman

MEMBERS PRESENT

Larry Konopka (LK), Chairman, Linda Small (LS), Vice-Chairman,
Paul Rogers (PR), Gerard LeDuc (GL), Eric Nilsson (EN), Paul Skowron (PS), Town Administrator, and Delores Fritz, Recording Secretary.

MEMBERS ABSENT

None.

PUBLIC INPUT

None

AGENDA REVIEW

(EN) Electrical Work and Repair, Labor – Fire Station, Fire Engineer Payment; (LS) Non-Public – Employee; (PR) Pittsfield Properties; (LK) Meeting with Union, Overtime ($15,000) Chief Wharem, Salt Shed Roof, Avitar Assessing Options, Warrant Article; (PS) Return of Deposit – 36 Loudon Road, AFT-NH/PERLB Decision – Selectmen Response, Board of Selectmen Letter to Planning Board Re: Access of Resources, Library.

APPOINTMENTS

1. 6:10 p.m.: Ron Joy – Rise Again Outreach Bus

Mr. Joy was present. He related that last time he was at the Board meeting he explained the purpose of the Outreach Bus and has now discussed with the Town Administrator the insurance required so that Town can finalize the arrangement. He noted that bus would probably be in Town on the second Saturday of the month in the morning on Park Street in front of the Baptist Church. (PS) Mr. Joy is here to finalize the agreement. Board agreed. (LK) Thank you for what you are doing. Mr. Joy: My only question is relative to advertising and posting the information. (PS) to discuss with Mr. Joy.

2. 6:15 P.M.: Merrill Vaughan – Waiver of Fees

Merrill Vaughan has requested to come in and address the Board concerning Zoning Board fees and has submitted a letter to that effect. He is asking that the fees for the abutter notifications be waived. (LK) I do support waiving these fees and other fees associated with this. (PS) I believe he is requesting that the postage fees to notify the abutters be waived. (LK) He would have to approach Zoning Board for Waiver. (PS) What he is asking is that the Town pays for the notices. (LK) We cannot waive Zoning Board Ordinance requirements; he would have to go before the Zoning Board. (PR) What about the right-of-way there? (EN) I have no problem waiving the fee, but the Town should not have to pay the postage for the abutter notification. (PS) Board has only waived Building Permit fees.

(LK) Motion to approve waiving fees for Zoning Board. (GL) Second. After Discussion: Vote 2-3 (LS, EN, and PR). Motion fails.

Discussion: (LK) Part of the fee is the notice to the abutters. Jesse Pacheco: The abutters have to be noticed and it has to be recorded in the paper. He is requesting a Waiver to take care of these costs. The right-of-way is owned by the Post.
(LS) I do not ever remember these fees being waived, Building Permit – yes, but not Zoning Board fees.

(LK) I also have a letter from Merrill Vaughan that he could not be present tonight because of health reasons. He also noted that he was never notified that this would be on Agenda tonight and that he did not receive a letter or phone call to that effect. (See attached E-Mail.) Paul, how did you know that he wanted to be on the Agenda? (PS) He E-Mailed me that he would like to be on the Agenda tonight and I E-mailed him with verification that it would be.

(LK) I know that there is a Public Hearing scheduled at 6:15 P.M. and we will address that as soon as we finish with the appointments. Is that Okay? (Only one member of the audience was present for the Public Hearing and was in agreement that he would wait.)

3. 6:20 P.M.: Pat Heffernan – Questions related to the Planning Board

Pat Heffernan: I am here tonight with a couple of observations and/or complaints and I thank you for your time. I am here tonight as a citizen and not as a Planning Board member.

I would like to address the issue of appointed versus elected members of the Planning Board. I do not feel that this Board has confidence in the Board. Gerard, Selectman Ex Officio, related that he is not in favor of an elected Board. There are some really good guys on the Board – mathematician, engineer, electrical contractor to name a few – how in the world could you do better? We have been working on AHG which was handed down to us by an appointed Board and are trying to resolve the matters that exist. The Board of Selectmen representative offers nothing to the Planning Board but merely refers to Pittsfield in “its healthier days.” The granddaddy of problems is the AHG which was approved by an appointed Board versus an elected Board. He has not said one word in the last three meetings; he has had no comments. He said he didn’t think he had to. What is a rep? I looked up the definition of a representative – Definition: serving to represent, standing or acting for another, one that represents as an agent, deputy, substitute or delegate…. When asked what the BOS is doing, all he talks about is other things. The representative and Board of Selectmen do not have a clue what is going on. This point was driven home when we were discussing bonding with Linda Small. AHG is a big problem that was dropped in this Board’s lap and we would like to work towards resolution with the Board of Selectmen.

PUBLIC HEARING (6:25 P.M.)

Public Hearing Notice: Proposed Revision to the Housing Standards Ordinance

Notice is hereby given that the Pittsfield Board of Selectmen will conduct a public hearing at 6:15 P.M. on Tuesday, January 22, 2013 at the Town Hall, 85 Main Street, Pittsfield, NH 03263 to hear comments from the public concerning proposed changes to the Housing Standards Ordinance.

Open Public Hearing

Maurice Wells requested information on smoke detectors and/or carbon monoxide detectors. It was noted that this was not relevant to the public hearing.

Fred Hast: What is going to be the cost and why are you doing it? We have had HSA for many years. (LK) There is not much difference in cost. Chief DeSilva: It would offset the revenue for the Town. Fred Hast: So the fees would be the same? Chief DeSilva: Fees would be set by HSA Board. Fred Hast: The Inspector gets paid according to the number of inspections so the Fire Department would be a higher rate. Fred Okrent: What is this to do with the administration of HSA? (LK) That would be up to the Fire Chief. Fred Hast: How much more are you going to dump on the Fire Chief? You would need a full-time Fire Chief to do all the inspections. (LK) I believe HSA and Fire Department should be combined. I think this has been discussed for quite a few years now and it is up to the citizens of the Town. I would recommend it. Fred Hast: Are you going to hire someone to do the inspections – that is going to cost? Chief DeSilva: The Fire Department inspections would be little more in depth and would relate to the Fire Codes also. It would be more efficient. Fred Hast: It would take a lot more time. It is going to be costly to go in and check each and every apartment. (LK) There is a possibility that we could train people to do it on “off times.” Chief DeSilva: All three of the EMT/FF have expressed a desire to do the inspections. Fred Okrent: They will have to get certified.

Stan Bailey: How much is it going to cost within the budget? Chief DeSilva: About $4,500 additional. It would not be part of the full-time employee wages as it would be part of the regular job. (EN) There are a lot more people using propane and the Building Inspector is getting residents to get Building Permits so the Fire Department would have to do inspections anyway. Fred Hast: That was always the way. (EN) Part of the $4,500 is for gas inspections, not just HSA.

Close Public Input (6:35 P.M.)

(PR) read into Minutes the proposed Warrant Article:

To see if the Town will vote to amend the Housing Standards Ordinance to provide that the Board of Selectmen, rather than the Housing Standards Board, shall appoint the chief inspector and other inspectors, none of whom shall be
members of the Housing Standards Board. (Recommended by the Board of Selectmen 5-0-0)

(PR) Motion to approve Warrant Article as read. (LS) Second. Carried 5-0.

It is noted that this Warrant Article will be placed on the ballot. (6:42 P.M.)
NEW BUSINESS

ACTION ITEMS

1. Transfer from Municipal Building Expendable Trust to the General Fund in the amount of $2,508.76.

(LS) Motion to approve transfer of $2,508.76 from Municipal Building Expendable Trust to the General Fund. (GL) Second. Carried 5-0.

2. Transfer from Sewer Grant Fund to Sewer Reserve Fund $10.52

(LS) Motion to transfer $10.52 from Sewer Grant Fund to Sewer Reserve Fund. (GL) Second. Carried 5-0.

3. Granting Authority to the Chairman to Seek Legal Advice Whenever and Wherever Suitable

(LK) I requested that this be on the Agenda. There are times when the need for legal advice is necessary. There are times that I would prefer utilizing Town Counsel. I am not one to increase expenses to the Town more than I need to. I would like to call them whenever it is suitable rather than use LGC. I am quite skeptical of what has taken place in the last nine months or so.

(PR) Motion to approve granting authority to the Chair to seek legal advice at his discretion. (GL) Second. After Discussion: Carried 4-1 (LS).

Discussion: (LS) I have no problem for Chair to seek legal advice if it is a Board decision but I am not in favor of giving a “blanket” okay for Chair to contact counsel at his personal discretion. (LK) I chair meeting and would like to legally know about certain issues. It is difficult to chair when you have not researched the legal aspects of an issue. I am more than willing to give my heart and soul to this Town but would like thoroughly know that I am doing so correctly. I believe some of the direction offered is open to interpretation and as Chair, I feel I need to research the legal direction further. I, as Chair, would like to pose the questions if needed or someone else can Chair the meeting as I will step down as Chairman. (LS) This Board needs to regroup and re-discuss. Board has to agree regarding counsel contact. (LK) There have been quite a few costs to the Town in the last several months. (EN) Larry, you take more authority than we do; not all of us are the Chairman. (LK) The Chair needs to be organized and needs to work on issues between meetings. (EN) The Chair needs to get information to inform the Board as long as it is not an exorbitant amount. (LS) You want to talk to legal counsel about what? (LK) Whatever issues need to be addressed, I do not want to waste the taxpayers’ money.

(PR) It has cost us a lot of money recently. Three of us (PR, GL & EN) never know what is going on. Larry and Linda talk all the time. (LK) I always cc the rest of the Board on everything. (LS) We have not done anything secretively and are not running the meeting between meetings. It is different for (LK) as Chairman. Having said that, Larry, you are not the mayor but rather the Chair and are walking a fine line. The Board can do what it wants.

4. Questions submitted by Hank Fitzgerald to the Board of Selectmen

(LK) read into Minutes letter to Board of Selectmen from Hank Fitzgerald dated January 16, 2013 concerning his concerns regarding his questions pertaining to AHG and the meeting on January 15th. (See Attached.)

(LK) Paul, you received this letter from Hank Fitzgerald? (PS) Yes, I did. Hank Fitzgerald approached me at the January 15th AHG meeting concerning his letter and the questions posed in the letter. Laura Spector (Town Counsel) was there. We both felt that Mr. Fitzgerald’s questions expressed in the letter were not specifically related to AHG Subdivision. The questions are fair, but did not belong in that particular forum. Atty. Spector answered Mr. Fitzgerald’s questions verbally. Atty. Spector and I had a discussion it. (EN) The questions had nothing to do with AHG. (PS) Both Atty. Spector and I thought that the questions were fair but not related to the AHG Subdivision.

(LK) Did you think the Chair should be notified of this letter? (PS) Yes. (LK) A letter of what you have just explained should go the citizen. As Town Administrator you could make the call but the Chair should be advised. (PS) Mr. Fitzgerald still has these questions for the Board. (EN) We, as a Board, should have gotten the letter to respond.

Hank Fitzgerald: I spent about half an hour going over the questions with the Town Administrator. The Town Administrator agreed. I do not like him playing ignorant as to what he was aware of. I did not like Paul and Town Counsel putting me on the spot. I guess what I am saying is that this Board accepts improper actions and it will not be corrected until you stop it. (PS) I will send his letter to Town Counsel. She answered his questions verbally and I will request that she do so in writing.

5. Acknowledgement of Thank You – Jesse Pacheco

(LK) read into the Minutes the thank you card to Jesse Pacheco for efforts in assisting a citizen with a building issue and his prompt response to her questions. Great job, Jesse!

4. Board of Selectmen Policy – Attachments to Minutes

(LK) I requested that this be put on the Agenda. During the January 2, 2013 Board meeting, Selectwoman Small read into the Minutes a letter pertaining to decisions on Grievances and other fiscal decisions along with several other attachments. The Statement was read into the Minutes, but I did not realize that there was an attachment at that time. This Board approved those Minutes. I have contacted LGC and been advised that a Board can at any time review and make changes. She read the letter but presented it with several attachments to be part of the Minutes. I did not agree with it. I would like the Board to open this discussion back up. LGC advised that an attachment does not have to be word-for-word.

(LS) Are you going to determine what you want the people to hear and what not to hear? This was my statement and my opinion and because you do not agree with me you want to take it out. I have a right to free speech.

(EN) I also contacted LGC and discussed with them. Minutes are not verbatim. (LS) That is why I did the statement. What I said I wanted on the record. As far as the statement goes, it is my statement and I do not want it removed. I did not list any names. It is public knowledge and the attachment was to justify my figures.

Board will continue to address later in the meeting.

5. Review of Draft 2013 Town Warrant

(PS) I have been on jury duty and have not had the opportunity to address it.

6. Return of Deposit – 36 Loudon Road

Selectman Rogers recused himself and was seated in the audience. (7:02 P.M.)

(PS) This discussion is how the Board would like to manage the deposit received by Paul Rogers concerning his bid on 36 Loudon Road. Since this has been received, the Town has had to re-process the last notices regarding this property to the bank and other mortgage holders, etc. which is now complete. A second ad was placed in the paper in December with a cut-off date of January 25th for bids. Since that time, several individuals have related some interest in the property. I have informed Paul of what is happening and have allowed him to reconsider his bid, which he chooses not to.

I have checked with Town Attorney and she indicates that the Town may return Paul Rogers deposit which he does not want to have happen. Does Paul have any recourse? There is always that possibility but the Town Attorney does not believe it would be successful. Because Town accepted his bid, do you want Paul Rogers to submit new bid?

Paul Rogers: Because my bid was accepted and I want to continue with this, I did seek legal advice. I am advised that legally the Town cannot go back. The Town did accept the deposit, which should be in escrow, but has never been done. I will be moving forward with this issue with legal counsel. It was not done correctly by the Town Administrator and Town Attorney and that does not fall back on me. My bid is solid.

(EN) Do you want your deposit back? Paul Rogers: No, I want to leave it. By right, my bid was accepted so Town cannot sell until they get a clear title.

(PS) I know that Paul is bothered by this, but I would like to clarify that notification to the mortgage holders is not my responsibility. Re-notification was required and the new Town Clerk has proceeded with this. At this juncture, Town Counsel indicates that when the new Deed gets filed, any old encumbrances get expunged.

Paul Rogers: Hasn’t it been since June that you said everything was in line. You assured me everything was okay. I even explained to you that I was going to be “homeless” and you assured me it was going to be okay. You are the Town Administrator. (PS) I do not have Town Clerk responsibilities which is an elected position. Paul Rogers: You have assured me every week that everything was okay.

(LK) read into the Minutes an excerpt from the notice requesting bids:

Notwithstanding the foregoing, the town reserves the right to reject any or all bids for any reason, reserves the right to reject any bids the town determines are unreasonable based on the town’s belief as to the value of the property, to waive irregularities in the bids, and to accept the bid which best serves the interest of the town.

(PS) As an alternative to address these questions, I can request Town Counsel to come in for the next meeting. Though the bids have to be received by January 25th, we can address them after this time. Board agreed to request Town Counsel to be present at the next Board meeting. (PS) to do.

Selectman Rogers returned and was seated on the Board. (7:13 P.M.)

7. AFT-NH/PERLB Decision – Selectman Response

(EN) I would like to table this until the next meeting to have an opportunity to review thoroughly. (LK) Before we decide I need to make sure that values are encumbered. (PS) I am not sure that we can. (LS) I would not recommend this without some counsel present.

8. Board of Selectmen Letter to Planning Board Re: Access of Resources

(PS) The Chair requested I prepare this DRAFT letter to the Chair Planning Board to clarify as to what Planning Board options are in seeking resources.

(EN) I like it; it is very informative and just telling them their options. (PR) read letter into the Minutes. (See Attached.) (EN) I think it would be very helpful. (LK) My thought is to encourage them anytime they need it. Board agreed. (PS) to have final draft next meeting.

9. Meeting with Union

(LK) I have talked to Terri Donovan of AFT-NH Union and would like to meet with Union members. How does the Board want to do this? In order to open up dialogue, it would be helpful to bring up some points from each side. (EN) If it is an informational meeting, I do not have a problem with that. (LK) Paul, what do you think about that? (PS) Let me give it some thought. Board agreed it would be agreeable for (LK) to meet with the Union as long as no decision was made.

10. Police Department Overtime Budget

(LK) This is not on the Agenda but the information has been cc to Board. (PR) At the Budget Committee, they suggested he request this additional value for overtime because of training, etc.

Chief Wharem: I met with the Budget Committee where we addressed the question of insufficient overtime funds. I believe we over expended our budget last year but some things have changed. It is not enough to cover overtime because we had hoped to hire certified people but were not able to do that in every instance. Also, Drug Enforcement has reduced their personnel and it will now be the responsibility of the Town Police Department. After checking on vacation time that is rolled into the budget, it would not be sufficiently funded and based on vacation time, holiday pay and training, we are asking for an additional $15,000.

(EN) How do we go about doing this? (PS) It is not too late. Board can recommend to Budget Committee to increase it. Chief Wharem: We will
probably be looking at this again next year.

(EN) Motion to increase Police Department Overtime line by $15,000.
(PR) Second. Carried 4-1 (LS).

Discussion: We are at full staff? Chief Wharem: There is one person that is not figured in that. We have two full-time people out and are working with three. Next week I will have an update on the other situation Board and I had discussed.

11. Salt Shed Roof

Jesse Pacheco, Building Inspector: I was asked to evaluate the damage to the roof on the Salt Shed. The roof is not attached like it should be. The gates are open and there are people using the area. The area needs to be “cautioned off’ and the roof needs to be taken down. He related that George and other individuals should be notified not to use it. (PR) Can George take it down? Jesse Pacheco: Maybe with an excavator but not by going up onto the roof itself. (LK) Is the Board okay with having the Building Inspector go down and do what he has to do with that area? Board agreed. We should also let George know. (PS) Jesse and I have discussed this and I have shared all of this with George.

12. Fire Department Electrical Work

(EN) The insulation work at the Fire Department has begun and one area has been completed. There is another area over the bathroom that the wires are all falling out. I contacted Pat Heffernan and he offered a quote of $400-$600 to straighten it all out. The bathroom vents do not vent anywhere. I had originally not recommended the TyVek for the “knee” area but there are no vapor barriers in that area which will cause a loss of heat so I am now recommending that the insulation company also apply the TyVek.

Jesse Pacheco, BI: There are a lot of open wires that go nowhere and junction boxes not installed correctly. To correct now is simple, in the future it could be costly.

Pat Heffernan: I cannot give you a good accurate price until I get up there and see what is involved.

(EN) Motion to approve up to $600 to Pat Heffernan to clean up ceiling wiring at Fire Station. (LS) Second. Carried 5-0.

(EN) JJP & Sons could do the bathroom venting work at $35 per hour and it would take about 3-4 hours. (LK) How does the Fire Chief feel about this?
Fire Chief DiSilva: It is fine with me and I recommend it.

(EN) recused himself and was seated in the audience.

(LS) Motion to approve JJP & Sons to repair bathroom venting at $35 per hour. (GL) Second. Carried 4-0.

(EN) returned and was seated on the Board.

(LS) Motion to approve Builders Insulation applying TyVek to area over bathroom at cost of $315. (EN) Second. Carried 5-0.

13. Fire Engineer Payment

(EN) Did we get any recommendations from Fire Engineer which we are paying for? Fire Chief DiSilva: Yes and this came in under budget.

14. Library

(PS) There are several questions posed by the Library Trustees regarding the Warrant Article for the staircase and wall repair. (LK) Paul, maybe you could respond. (PS) to do.

15. Pittsfield Property

(PR) One Manchester Street – did they ever apply for an in-home business? He has a lot of cleaning materials containing chemicals which could be harmful to the public? Someone has requested that I find this out. Jesse Pacheco: Not that I know of. Is he conducting a home business or is it just being stored there?

(PR) The second thing is pertaining to a storage shed on property. I believe you have up to one year to have it inspected but if you are using it, shouldn’t it be inspected? I am speaking of the shed on Fred Hast’s property. Jesse Pacheco: He has a permit and it should be inspected before used.

16. Home Depot Credit Card

(PS) On occasion, it is necessary to utilize Home Depot for purchases and it might be advisable to have a credit card from that establishment. (LK) It would be okay to have just one card. (PS) Do you want us to do that? (EN) You could talk to the departments about it. (LK) It would keep a cleaner paper trail. (PS) to check.

17. Avitar Assessing

(PS) They are doing some clean-up and some other work. I will ask Cara for the report and will double check. (LK) I would like to see the report.

INFORMATON ITEMS

1. Report from Selectmen’s Representative to the Planning Board

(GL) In regard to the January 15th AHG meeting, the Planning Board, I thought there would be some public input. We were disappointed about the way the meeting went.

(LS) I did my best with it. I wasn’t prepared to do anything else because I was handed this information at the last minute due to Chairman illness. All the questions and answers were prepared in advance of the meeting. (PS) I had Matt Monahan and Laura Spector’s statement mailed to the abutters. (LS) I also offered that they could write to us with any additional questions. (LK) Any other reports from the Planning Board? (GL) No.

OLD BUSINESS

1. Policy for Access to Town Property Pending
2. Policy for Recruitment & Employment Revision Pending
3. Policy for Employee Total Compensation Pending
4. Tax Collector/Action by BOS/Tax Deed Waivers Pending
5. Appointment of Selectman to Foss Scholarship Comm. Pending
6. Amendment to the Obstructing Streets/Sidewalks Ord. Pending
7. Skateboard and Bicycles on Sidewalks Pending

Break: 8:10 P.M. Resume 8:10 P.M.

APPLICATIONS and WARRANTS

None.

CHECKS and MANIFESTS

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

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

MINUTES

1. Public Session Minutes of January 8, 2012

(EN) Motion to approve Public Session Minutes of January 8, 2013 with Corrections. (LS) Second. Carried 4-0. (GL) Abstain.

Corrections:

Page 10, 5th Line from Bottom should read: ..who had over 45 hours overtime.
Page 8, Line 5 should read: ….We need to send a letter to Mr. Berube……..
Page 12, Under Maurice Wells, Line 2 should read: ….sidewalk plow operator finally. He does a good job.

Public Session Minutes of January 15, 2013

(LS) Motion to approve Public Session Minutes of January 15, 2013.
(GL) Second. Carried 3-0. (LK) and (PR) Abstain.

2. Non-Public Minutes of January 8, 2013

(GL) Motion to approve Non-Public Session Minutes of January 8, 2013.
(EN) Second. (GL) Withdraw Motion and (EN) Withdraw Second.

(LS) Motion to approve Non-Public Session Minutes of January 8, 2013.
(EN) Second. Carried 4-0. (GL) Abstain.

NEW BUSINESS – CONTINUED

6. Board of Selectmen Policy – Attachments to Minutes

(EN) Motion to omit Pages 2 and 3 (Vendor History – Document Detailed) of attachment to January 2, 2013 Minutes. (GL) Second. Carried 5-0.

OTHER

(LK) Just to let the Board know that the “hot water issue” at Whitesbrook is cleared up. They should have hot water by Thursday. (PR) I found out about this problem through “gossip.” Board should know about these things. Someone complained and Fred Okrent looked into it. (LK) Manager explained why it took so long. Jesse Pacheco: This was not a typical water heater and the part had to be ordered. (LK) I have contacted the complainant and advised her of the situation.

PUBLIC INPUT

Maurice Wells: He had several questions pertaining to last week’s Minutes. He wanted to know who Roza (Library) was, why the Police Department would review Sewer Hook-up Contract (because of Details which may be involved) and whether anyone had contacted George regarding the Shingle Mill Brook Road culvert (PS related he had contacted George but had not yet gotten a response.) He questioned the insurance pertaining to the Fire Range and whether the Town Administrator had a copy of it. (PS) related that he had requested it from the insurance company and would send it to Mr. Wells when he was in receipt of this. Maurice Wells: I am expecting it. Are the taxpayers paying for that? (PS) Yes, absolutely. Maurice Wells: Has anyone looked at the cut near the boundary stone wall? Jim Belcastro always stayed away from that wall. (PS) I am checking on it

Maurice Wells: The sewer abatement that was approved by Board of Selectmen, can you tell me the address? (PS) We can get that for you. Maurice Wells: I would like to know where it is located.

Maurice Wells: Regarding Public Meetings, I looked it up. It is supposed to be posted in two places and does not mention Website. (PS) I looked it up after last week and it was noted that one place could be the Website. Maurice Wells: I do not think so. (PS) read into the Minutes the part of the RSA which states you can post a public meeting on Town Website. Maurice Wells: What if you do not have a Website?

Maurice Wells: He requested going into Non-Public Session with the Board pertaining to real estate. (LK) requested that he offer his rationale as to why it would be in Non-Public Session. Maurice Wells: I went to the Registry of Deeds (regarding 36 Loudon Road). I did not like what I got. He related that it is noted that there is a first and second mortgage on the property. Has the Town done anything about that? (PS) explained to Mr. Wells the process by which the Town had contacted the finance companies and Public Service. Maurice Wells: A lot of the lines are just cut, better be careful about turning the electricity back on.
Jesse Pacheco advised that he had contacted Public Service to advise them NOT to turn power back on.

Stan Bailey: The Town Clock – are there any funds in this account for repair. (PS) to check. He related clock requires some additional repair and he believes that $1,000 would be adequate or the difference with what currently exists in account. Is it too late for Warrant Article? (PS) If Board is in agreement, I will frame a Warrant Article for this. Board agreed. (PS) to do.

Pat Heffernan: We really need a generator at the Town Garage. We had talked about it in the past, but it was not done. Is it too late for a Warrant Article for that? (PS) We can if you can pen one by Monday. Pat Heffernan agreed he would try to have it in by Monday. Stan Bailey: Would be stationary or mobile?
Pat Heffernan: Stationery.

Pat Heffernan: The letter to the Planning Board, does it address what we can do? Is there reference to LGC in there and Town Counsel? (LK) Yes. Pat Heffernan: Also the hands on the clock, there is a company in Town that would like to get involved in the Town and could possibly make hands out of aluminum for the clock. It would not be noticeable from the ground.

Adam Gauthier: Regarding 36 Loudon Road, there is a notice in the paper about bids on it. Maybe a note could be put in the paper to watch for vandalism there. The list of properties to be tax deeded, do we have that? (Town Clerk is working on that.)

Fred Hast: You are going to have the County Attorney come next week?
(LK) Town Counsel not County Attorney. Fred Hast: Is that going to be in public? (PS) No, it would be attorney-client privileged information.

Fred Hast: The meeting with AHG was not a good meeting. It was not worth listening to. (LK) I was sick for that meeting. Every person does things differently. Fred Hast: It was noticed as a Public Hearing but there was no public involved. How much did it cost to have Laura Spector and Matt Monahan there – about $500-$600? (LS) The whole process has cost a lot – a lot more than just the January 15th meeting.

Fred Hast: The 36 Loudon Road property, do you have any more info on it?
(PS) Town owns property. Fred Hast: Board changed it to no minimum bids. (LK) The first time it was published, there was a minimum bid noted but it did not sell. The second time it was noticed, no minimum bid was noted. Fred Hast: I have talked to people out of town and they all say they would not like to live here. The Planning Board is tying everything up.

Fred Hast: The permit for my shed, I have up to a year to have it inspected. Building Inspector can inspect it any time. Other properties have been given extensions and then are never followed up on. How can you expect businesses to come in? It is not what you know but who you know. There are two old business buildings in Town that in 5-10 years will be down. Planning Board has not looked into changing the zoning for Route 28. It was the previous Building Inspector that got the Family Dollar into this Town. What do we have in this Town? The Town Clock is ok – I like that. There is no new construction in Town. We have to get the Town back on its feet. We need more houses and businesses. We are paying Department Heads too much.

Paul Richardson: Anytime Town sells a piece of property, Board has to abate the taxes. The Town Clerk has to get the taxes off the books. Fred Hast: Yes, you have to decrease the evaluation of the Town. Some properties should have been tax deeded four to six years ago. The Board did it too late. Get the Tax Deeds in and act on them.

Jesse Pacheco: Speaking as a public taxpayer, and not as Town employee, the property at 36 Loudon Road, the bids were to be done on January 25th. (LK) We will not be opening the bids on January 25th as we need clarification on the property first.

Pat Heffernan: Speaking about the Planning Board, it was the Planning Board that got the Family Dollar Store in, we did Podmore addition, the laser shop, Kentek and Interfab.

(LK) I know you had questions on the driveway for AHG. Pat Heffernan: I know the Town had to apply for it because it is a Town owned road. (LK) explained that the Board of Selectmen addressed it on February 13, March 6, and August 28, 2007. It was approved in 2007. This Board authorized Chair to sign it.
Per Laura Spector: The subdivision was approved by the Planning Board, and as part of that approval, upgrades are required to Thompson Road. A driveway permit is required for the upgrade because Thompson Road intersects with a state highway. Because Thompson Road is a Class VI town road, AHG could not apply for that driveway permit; the Selectmen were required to do so. This was done to enable the subdivision that had been approved by both the Planning Board and the Zoning Board to move forward. Pat Heffernan: The reason that Art Morse did not sign it was because it went to Court.

Maurice Wells: Thompson Road was closed in the mid-fifties to revert back to property owners. (LK) No. (PS) No, only Town can do it by legally abandoning it. Maurice Wells: I believe that is what happened.

Close Pubic Input

NON-PUBLIC SESSION

(LS) Motion to go into Non-Public Session per RSA 91-A:3 II (a). (PR) Second. Carried 5-0. Individual members of the Board were polled and all agreed.

Board went into Non-Public Session at 9:13 P.M.

Board returned to Public Session at 9:50 P.M.

(EN) Motion to seal Non-Public Session Minutes of January 22, 2013.
(PR) Second. Carried 5-0.

ADJOURNMENT

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

Meeting adjourned at 9:57 P.M.

Approved: February 5, 2013

_________________________ ______________________
Lawrence Konopka, Chairman Date

I hereby certify that these Minutes were recorded by me on January 22, 2013, transcribed and publicly posted on January 29, 2013.

____________________________________
Delores A. Fritz, Recording Secretary III Tapes/Attachments
III Tapes/Attachments