January 29, 2013 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 29, 2013

CALL TO ORDER

Call to order at 6:00 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

Stan Bailey: I just wanted to introduce Al Douglas who is running for Board of Selectman.

Fred Hast: At the last meeting, it was brought up that I did not have my building (shed) inspected. I got the Permit and had it constructed. I did not think that I had to tell him to come and inspect it. It is a prefab building and he can come over to inspect it any time he would like. This was brought up by a person who I do not think was doing things right for the last two years. (PR) This is uncalled for, the matter is settled. (LK) This is Public Input and he can discuss.

Fred Hast: He had two years to fix the problem and the Fire Chief never pushed it. Then the new Fire Chief came in and gave him a four month extension. (He explained the issue of a single means of egress for tenants.) You now have no tenants in the building so it does not apply now. Again, it is not what you know but who you know.

Fred Hast: The work that was to be done at the Fire Station should have been put out to bid. Selectman offered to do it for $45 an hour did and you did not have right to accept that. (EN) explained that he has done a lot of work for Town for free, but felt that he could not do this as well for free.

Fred Hast: The deeded properties, the sealed bids are not the right way to go. They should be put up for auction. There are a lot of tax dollars just sitting there. Every year you should be doing it; it was not done for a few years and now you have five or six years interest added on. The minimum bid should be what is owed for taxes. The tax rate is high enough now; we should be getting some money back from the sale of these properties. We should auction off deeded properties.

Jennifer Kern: She related that she was present tonight to have Board approve Raffle Permit for a community service project to help a student. However, the actual date has not yet been determined as it is dependent upon when Senior Night will be scheduled – usually sometime in mid-February. (PS) advised her how to proceed with requesting the Raffle Permit noting that she would have sufficient time to process it.

Close Public Input

AGENDA REVIEW

(EN) Fire Department Insulation; (PR) Unlocked Town Hall; (LK) Tribute/Dedication – Town Report; (PS) Return of Deposit/36 Loudon Road, Board of Selectmen Letter to Planning Board Re: Access of Resources, Continued Review of the Draft Town Warrants, Appointment Application/Ted Mitchell, Request for Family Medical Leave Non-Public, (Information Item) Report of Selectmen Representative to Planning Board.

NEW BUSINESS
ACTION ITEMS

1. 2012 Audit Engagement Agreement – Plodzik & Sanderson, P.A.

(PS) This is the standard engagement agreement for the general audit. I have reviewed it as well as Cara.

(LS) Motion to approve 2012 Audit Engagement Agreement – Plodzik & Sanderson and authorize Town Administrator to sign agreement. (EN) Second. Carried 5-0.

2. Transfer of Funds from Ambulance Fund to General Fund – 2012 4th Quarter Reimbursement

(LS) Motion to approve transfer of $12,644.30 from Ambulance Fund to General Fund – 2012 Fourth Quarter Reimbursement. (GL) Second. Carried 5-0.

3. BTLA Settlement Agreement – Tax Map U01, Lot 86-C1

(PS) You have the Settlement Agreement along with an explanation from Avitar for your action and authorization for Chair to sign.

(LS) Motion to approve Settlement Agreement abatement for 14 Manchester Street, (Tax Map U01, Lot 86-C1 and authorize Chairman to sign.
(PR) Second. Carried 5-0.

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

(PS) This was drafted by me and is here for your approval tonight.

(EN) Motion to approve letter to Planning Board Re: Access of Resources and authorize Chairman to sign letter. (LS) Second. Carried 5-0.

5. Continued Review of the Draft Town Warrants

(PS) I had hoped that we would approve each article as written beginning with Warrant Article No. 5.

Article 5: (EN) Fred Okrent was concerned with this because he thought it was about his being fired. I assured him that this was not the case.
Article 6, 7 & 8: Accepted as read.
Article 9: (LS) These will be reviewed by DRA? (PS) Yes, always. (LS) As long as they are reviewed by DRA then it is okay.
Articles 10 & 11: Accepted as read.
Article 12: (PS) We will note as to amount being transferred.
Article 13: (LS) Did we vote on these because I would not have voted yes on that one. (PS) If the vote is for a full-time Fire Chief then we would have to appropriate the funds for it. It has to be a Warrant Article. We could try to phrase it in simpler language. (LS) Perhaps you could discuss with DRA as to how to word it. (PS) Maybe it just needs to be worded differently.

(LK) At this point, we will pause with the review of the Warrant Articles and proceed with the Recess.

APPOINTMENT

6:30 P.M.: Laura Spector-Morgan, Mitchell Municipal Group

RECESS: The Board of Selectmen will recess the regular meeting and engage in an attorney client meeting. The regular meeting will continue after the attorney client meeting.

Recess: 6:26 P.M. Resume regular meeting: 6:56 P.M.

During the course of the Board of Selectmen meeting with Atty. Laura Spector-Morgan, Selectmen Rogers recused himself and vacated the room at 6:43 P.M. Selectmen Rogers returned to table at the end of the attorney-client meeting
and after the following motion was made (6:56 P.M.).

ACTION ITEMS – Continued:

6. Return of Deposit – 36 Loudon Road

(LS) Motion to table disposition of 36 Loudon Road until February 5, 2013.
(EN) Second. Carried 4-0.

5. Continued Review of the Draft Town Warrant Articles

Article 14: Accepted as read.
Article 15: Line 3, should read: the interior/exterior of the library and the…….
(LS) Motion to approve Warrant Article 15 as amended. (EN) Second.
Carried 5-0.
Article 16, 17 and 18: Accepted as read.
Article 19: Article will be addressed after determination is made as to existing remaining funds.
Article 20: Accepted as read.
Article 21: (EN) Motion to recommend Article 21 for the purpose of purchasing and installing a generator at the Highway Garage. (LS) Second. After Discussion: Carried 4-1 (EN).

Discussion: (EN) Are we guaranteed that the cost of the generator will be
$33,215; if not, then what? (PS) We can supplement the fund or discontinue the project. (PS) I will note the tax impact of the Article.
Article 22, 23, 24, 25: Accepted as read.

7. Appointment Application – Ted Mitchell

(PS) Ted Mitchell has submitted an application for re-appointment to the Transportation Advisory Committee as well as the Conservation Commission. The Transportation Advisory Committee reviews projected transportation improvement projects and develops a ten year plan on an annual basis. (LS) Has the Conservation Commission recommended or not recommended his appointment? (PS) No, but I will check.

(LS) Motion to approve appointment of Ted Mitchell to Transportation Advisory Committee (CNHRPC). (EN) Second. Carried 4-1 (GL).

8. Town Hall Unlocked Doors

(PR) It has been brought to my attention that the basement doors were unlocked last Tuesday (January 22, 2013). We need to investigate who and why this happened. Fred Hast from the audience requested to speak to this issue. Board agreed.

Fred Hast: Nobody was in the Food Pantry last Tuesday. I have come in other days and at all hours to deliver food and other times the doors have been unlocked. (LK) I got a call at 10:30 P.M. Fred Hast: I have checked with everyone and no one from the Food Pantry is to blame. (LK) It was noted by the Police Officer in attendance that there was a drawer left open that was normally locked.

Board discussed other means by which the downstairs can be secured – new lock, new door, or a keypad. (EN) agreed he would look into replacing these items.

9. Tribute/Dedication Town Report

(PS) Cara has requested that Board make a decision on whom to dedicate Town Report to. Board discussed dedicating to all individuals that had “died” in 2012 but noted it should be for someone who was a “community oriented person.” The Board discussed Larry Williams in this regard – he was a Police Officer per Stan Bailey and Commander of the American Legion per Gerard LeDuc.

(PR) Motion to dedicate Town Report for 2012 to Larry Williams. (GL) Second. Carried 4-0. (EN) Abstain.

(PR) If any family information is needed, I will be glad to assist Cara in providing that.

INFORMATION ITEMS

1. BTLA Case Update – Tax Map U01, Lot 58

(PS) Avitar has provided additional information on other individuals within the same letter that offered the explanation of the BTLA Settlement Agreement.

2. Fire Department Insulation

(EN) At the Fire Department, some boards that were put in by Builders Insulation have fallen down, they came back and are replacing that and are working with Jesse Pacheco now on that.

3. Report of Selectmen Representative to Planning Board

(GL) I see that the Planning Board is having a Public Hearing about the citizen petitions that were filed. How does this Board feel about the articles? One is on frontage which is the same one that got “shot down” last year and the second is to appeal Zoning. Board had no comments on either petition. (LK) This is the Public Hearing per the RSA and the people will vote on it. Board of Selectmen does not have to recommend/not recommend it.

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/TaxDeed Waivers Pending
5. Appointment of Selectman to Foss Scholarship Comm. Pending
6. Amendment to the Obstructing Streets & Sidewalks Ord. Pending
7. Skateboards & Bicycles on Sidewalks Pending

APPLICATIONS and WARRANTS

1. Timber Tax Levy – Tax Map R06, Lot 9

(LS) Motion to approve Timber Tax Levy Tax Map R06, Lot 9 for $1,824.70. (GL) Second. Carried 5-0.

2. Timber Tax Levy – Tax Map R26, Lot 20-1

(LS) Motion to approve Timber Tax Levy – Tax Map R26, Lot 20-1 for $10.46. (EN) Second. Carried 5-0.

CHECKS and MANIFESTS

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

(LS) Motion to approve Payroll and Direct Deposit. (PR) second. Carried 5-0.

MINUTES

1. Public Session Minutes of January 22, 2013

Not available.

2. Non-Public session Minutes of January 22, 2013

Not available.

PUBLIC INPUT

Fred Hast: Could you read Warrant Article No. 19?

(PS) Reserved for appropriation to the Municipal Buildings Repair and Maintenance Expendable Trust Fund. (Recommended by the Board of Selectmen 5-0-0.)

Fred Hast: So what is the amount? Take a couple of minutes and get the amount.

Break: 7:30 P.M. Resume 7:42 P.M.

(PS) As of December 20, 2012, there was $19,000 in the fund but there have been some expenses since then with the Fire Department.

(LS) I would not like to support putting that amount of money in that fund. (PR) There was a lot of money that was not expended last year; can’t we use that? (PS) No. (LK) I would feel more confident having about $50,000 in the fund. (PS) It was originally approved for $75,000. (EN) Why not keep at $50,000 in case something happens that we need to fix.
ACTION ITEMS – CONTINUED

5.Continued Discussion:

Warrant Article 19:

(EN) Motion to approve Warrant Article 19 for $35,000 for Municipal Buildings Repair and Maintenance Expendable Trust Fund. (PR) Second. Carried 5-0.

PUBLIC INPUT

Fred Hast: For $35,000 how many buildings can you repair? If you had $60,000 in there you would have enough to fix the Library. You are going to run into that same problem. (PS) Anyone can amend this at any article.

Jesse Pacheco: I believe Paul Richardson put all the chairs up for us. (LK) Thank you, Paul, and (PS) to send thank you.

Jesse Pacheco: Downstairs you need a digital lock but the door needs to be replaced also. He explained that the locks now existing are such that wiggling them will basically open them. (EN) suggested putting a pull handle on them and installing a deadbolt. (LK) Jesse, would you suggest a new door? Jesse Pacheco: Yes. (LK) Could get the cost of a door and a keypad? Jesse Pacheco: Yes and also a closure device on it. (LK) Thank you and also thank you for all the time and efforts over at the Fire Department.

Fred Hast: You have just spent some money out of that fund. What is the story on the Old Business No. 4: Tax Collector/Action by Selectmen/Tax Deed Waivers? (PS) It was first put on the Agenda when the Board was looking to settle the sale of 36 Loudon Road and then to move forward with all the other tax deeded properties.

(PS) And Fred, your idea for selling the property at auction was a pretty good idea.

Fred Hast: If you are going to sell something, sell it at auction. (LK) Paul, do you now want to take Item 4 – Old Business off the Agenda? (PS) Not yet.

Close Public Input (7:50 P.M.)

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 7:52 P.M.

Board returned to Public Session at 8:25 P.M.

ACTION ITEMS – Continued

10. Request for FMLA Leave

(LS) Motion to approve FMLA Leave as requested. (GL) Second. Carried 5-0.

ADJOURNMENT

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

Meeting adjourned at 8:30 P.M.

Approved: February 5, 2013

__________________________ ______________________
Lawrence Konopka, Chairman Date

I hereby certify that these Minutes were recorded by me, transcribed and public posted on January 31, 2013.

_________________________________________
Delores A. Fritz, Recording Secretary

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