TOWN OF PITTSFIELD
BOARD OF SELECTMAN
TOWN HALL, 85 MAIN STREET
PITTSFIELD, NH 03263
_____________________________________________________________
MEETING MINUTES OF JULY 10, 2007
CALL TO ORDER
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Call to order at 6:00 P.M., by Arthur Morse, Chairman.
MEMBERS PRESENT
Arthur Morse (AM), Chairman, Larry Konopka (LK), Vice-Chairman, Linda
Small (LS), Ed Vien (EV), John Lenaerts (JL), Paul Skowron (PS), Town
Administrator, and Delores Fritz, Recording Secretary.
MEMBERS ABSENT
None.
PUBLIC INPUT
Maurice Wells related that he had talked to Bob Moulton and he related that
the BOS never got back to him. (AM) related that he thought that he had
been notified. He related that the BOS was not in favor of doing anything
more regarding this. Mr. Wells wanted to know why Board was not going to
pursue the issue regarding the back of the garage area on Mr. Moulton’s
property. (AM) related that he would like to see it all on Bell Castro’s
property.
Close Public Input
(AM) Motion to appoint Linda Small as representative for the “Dunking
Booth.” (LK) Second. Carried 3-0.
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AGENDA REVIEW
Several items were added to the Agenda by (LK): Pittsfield Food Pantry,
Town Hall. (LS): Loitering Ordinance. (AM): Budget 2008, Slates from
Roof.
APPOINTMENTS
6:15 P.M. – Jenness Pond Road Current Use Properties: Jeff Waterhouse
(CCAG) and David Hynes (DRA)
Jeffrey Waterhouse distributed some spec sheets regarding the Jenness Pond
Parcels in Current Use. (See Attached.)
John Lenaerts recused himself and was seated in the audience.
Mr. Waterhouse related that he had spoken to David Hynes regarding the
properties in question, who looked at the properties, and is here tonight to
offer his opinion.
Mr. Hynes related that the current use properties on Jenness Pond do not
qualify to be in current use and need to come out of current use. Current use
land is to be left in its natural state, which does not allow for garages, decks,
buildings, horseshoe pits, benches, flowerpots or manicured areas. Mr.
Hynes related that he felt that the evaluations were too high on these
properties, though his department does not set values for any properties. To
be fair and proper, rest of Town properties on other water sites are probably
in the same situation for any piece of property under ten acres. They all
should be evaluated.
Residents on Jenness Pond were able to ask various questions concerning
current use land including roads, which divide their lots. Mr. Hynes related
that for current use purposes, the lot is continuous, but for tax purposes they
are separate lots. Mr. Hynes answered questions in regard to size of home
site explaining that Town cannot dictate to owner how to configure land for
private use and that current use allows for deviation from amount kept out of
current use. Mr. Grey wanted to know how “far back” amount of time is
used to ascertain natural state. Mr. Hynes related that land should not be
touched or maintained at all. He related that BOS can direct assessor to
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come up with realistic values. State law has burden of proof to show it is
wrong. He explained ad lorem parcels, when to apply, taxes in arrear and
the process of how to apply as well as various other questions regarding
current use properties. He related that in order for the process to work, you
have to follow all the “paper trail” steps involved for having property in
current use and hopefully, all this could be resolved at the local level. He
related that it is up to the Board to rectify.
(AM) questioned whether Mr. Waterhouse understood the total agreement?
Mr. Waterhouse related that he did and that he could begin the process and
could have it done by September 1st. (AM) related that he thought it was fair
that they begin with the properties in question and take them out of current
use. Mr. Hynes related that if this could be accomplished before the next tax
bill is sent out, and then most of the billing problems will correct themselves
though it may bring up other issues. He related that when residents are sent
their tax bill that an abatement application accompany it so that it can be a
speedier process. However, the paper process must be followed in order to
protect Town from future problems. He noted that you do not have to be
current on your taxes to file an abatement. Mr. Hynes noted that the fees for
taking property out of and putting them back into Current Use at the
Registry of Deeds would be the responsibility of the landowner.
(EV) Motion to direct Jeffrey Waterhouse to start process to take properties
in question out of current use. (LK) Second. Carried 3-0.
It was noted that Mr. Waterhouse will begin this process and will include
other properties under ten acres located on “water sites” and offer a
preliminary report to the BOS on August 21st.
7:00 P.M. – Bill Smith, Town Acceptance of Shingle Mill Brook Road
Update
(AM) related that he had a memo, which related that the Town does not own
the road. The ROW is for residents and it becomes a boundary. Ownership
of this private road is unknown. Mr. Smith related that the Burke Street
Associates owned the road, but they have gone out of business. He related
that they initially put in the road and then sold the surrounding properties
giving each owner a 50 ft. ROW. (EV) related that he interpreted it as a
boundary and that each homeowner owned a portion of the road to the
centerline in front of their home. Mr. Smith related that is not how he
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interpreted it. His Deed states he has a 50 ft. ROW and it does not state that
he owns the road. He noted that he believes the original owner still owns the
road. (EV) related that he did not think so. Mr. Smith related that his Deed
states where his property ends and that the road should have been taxed by
the Town to Burke Street Associates and since they have not paid the taxes,
then the Town now owns it. BOS did not agree. Mr. Smith commented, “if
that is the case, I can pay the back taxes so I can own that property.”
(LK) related it is not up to the BOS to determine who owns the land.
(AM) requested (PS) input on this matter. He noted that if we accept Mr.
Smith’s interpretation of this, what needs to occur is either the BOS or a
private citizen would have to retain an attorney to do the research or perhaps
even a collaboration, on who owns this travel way. Mr. Smith noted he
believed that the Town should have taken it for back taxes as they did two
other lots in that area. He related that he was originally sold the property on
the pretense that it was a Town road and never questioned who owned it.
(AM) questioned what happens to “abandoned property?” (PS) noted that
the legal review might reveal who retains ownership and it may well have
been part of the bankruptcy proceedings, but this would require a little
research.
(AM) related that the BOS was hesitant, at this point, to go to Town attorney
to find out who owns land. He suggested that Mr. Smith bring in his Deed
and any other written materials he has in regard to the road so that the BOS
could take a look at it. Mr. Smith related that he did not really care who
owned road, just so he could be clear on who does own road. He related that
he had brought this to BOS previously and each time he got a “different
story,” and that he would just like to finally know who retains ownership of
road and responsibility for maintenance. It was agreed that he would present
any factual information he has available to Paul for review.
NEW BUSINESS
ACTION ITEMS
1. Concord Regional Crime Line Signs
(LK) related that he was researching the cost of such signs and that they
might possibly be able to get them for free. (EV) “What do we do with the
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signs?” (LK) related that they would be set up on the streets similar to STOP
signs.
2. Teen Institute, Two Tuitions – Drug Account
Nothing new on this.
3. Floral Park Damage to Gravestones
(AM) related that he thought BOS should not do anything until Dave Pollard
discusses with Board.
4. John Mullikin, Abatement Refund Request
(AM) related that this was the same type of situation as BOS had reviewed
previously with another resident and that Board does not have authority to
refund abatements. (PS) will notify Mr. Mullikin accordingly.
5. Raffle Permit – Circle of Home and Family
(EV) Motion to approve raffle permit – Circle of Home and Family.
(LK) Second. Carried 4-0.
6. Raffle Permit – Pittsfield Area Senior Center (Two Raffles)
(EV) Motion to approve raffle permits for drawing on July 21st and
August 4th for Pittsfield Area Senior Center. (LS) Second. Carried 4-0.
6A. Food Pantry Raffle (Added to Agenda)
(LK) Motion to approve Food Pantry Raffle. (LS) Second. Carried 4-0.
(EV) suggested that on “store purchased” raffle tickets, it does not indicate
when/what drawing is for. (AM) suggested not having raffle ticket attached
to application. It was agreed that rather than have raffle tickets attached to
form, that it be indicated on form what is to be raffled and date of raffle.
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7. Town Officials Picture ID
(PS) related that he had received correspondence from Chief Wharem
indicating that this could be handled through his department. He related that
pictures would be needed. Many Town employees do not have picture I.D.
Will check with Police Chief to make sure all Town employees have new
I.D. as soon as possible though not all employees would require a picture
I.D.
8. Town Hall – Old Home Days
(LK) related that Cara has requested that Town Hall be decorated for Old
Home Days, which should cost less than $200.
(LK) Motion to approve $200 for Town Hall to be decorated for Old Home
Days. (JL) Second. Carried 4-0.
9. Loitering Information
(LS) questioned whether Pittsfield has a loitering ordinance? She related
that (PS) has given her a copy of the one from the State but do we have one
for Pittsfield? (PS) to look for copy, if any. She noted that she has noticed
“people hanging around in front of businesses.” (AM) above and beyond
curfew? Are you talking about above curfew? (LS) Yes.
INFORMATION ITEMS
1. Parks and Recreation – Pavilion Damage
(AM) noted that someone had reported to him about damage to one of the
columns in Dustin Park. Fire Chief Johnson took at look at it and related
that there is no danger of it collapsing noting that there is a steel rod that
runs up through the center of it. Mike looked at it and will offer temporary
and long term repair information. He will get back to Board.
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2. Sex Offender’s Ordinance – Review of Franklin & Tilton
(LK) related that he had done some research reviewing Franklin, Tilton,
Northfield, and Dover policies. He related that he would like to send to
Town attorney information on whether a registered sex offender who lives
within a certain amount of feet from “child facility” who has resided in their
current location for 4-5 years, not be made to move. (JL) related that he had
some reservations on such an Ordinance and if it were to become law, it
would be a nightmare for Police Department to enforce. (LK) related that
Chief Wharem had some changes on it and he wanted legal counsel to take a
look at it. (EV) related that it would be discrimatory and illegal as it
effectively keeps sex offenders out of Pittsfield. He related that there are
four in the whole state. (AM) suggested that Chief Wharem prepare a map of
how Pittsfield area is affected and what properties are involved. He noted
that he would not vote for it since it eliminates entirely any sex offender
from residing in Town, though he related that he would not like to have sex
offenders in immediate area. It is an extreme thing for us to do. (PS) to
request Chief Wharem do a map of daycare, public and private facilities
housing children within a 2,500 ft. radius. (EV) related that he believes sex
offenders have rights once they have served their time.
3. Fuel Bid 2007
(AM) related that it seemed like good idea to do with School District.
(PS) to contact School District to determine whether bid should be
with/without School District.
4. In-Law Apartment Permit
(EV) noted that Mike would have this ready next week.
5. Drug Enforcement and Education Committee
(LK) related that there would be a meeting tomorrow July 11th at 7:30 P.M.
at Town Hall.
6. Budget – 2008
(AM) Budget information from Department Heads should be in by
September 1st. (PS) to inform Department Heads. (LS) related that there is
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often a time crunch with the budgets not getting to the Budget Committee
until November. (AM) noted it might be due to BOS not acting on them
quickly enough. (LS) noted that the new Town Administrator would be here
and that he could probably help the process work in a more timely manner.
Work Session to review department budgets possibly to be scheduled for
budget reviews only.
7. Slate Roof
(AM) noted that Town did not want to spend any extra money to save slate
from the roof. He related that roofing company will use a chute to throw
slate into a container and it would be up to Town to sift through them to
keep/reuse any that we choose. However, it was noted that the container
couldn’t remain outside for any length of time. (LK) suggested soliciting
volunteers to go through it. (AM) Mike to get in touch with contractor and
then get volunteers to salvage those that Town wishes to keep/reuse.
APPLICATIONS AND WARRANTS (TAKEN OUT OF SEQUENCE)
1. Notice of Intent to Cut – Charles Watson
(AM) related that he had received an E-Mail from the Conservation
Department that they would like to address this matter.
Donna Keeley read into record a copy of the memo from the Conservation
Department dated June 30, 2007 regarding Tax Map R28, Lot 2, abutting
Town parcel, the Deed for which could not be located. It was noted that this
area contains very old black gum trees and Conservation Committee
recommended that no Notice of Intent to Cut be signed until boundary line
can be established.
Ms. Keeley noted that she had talked to Town Forester who was able to do
his own survey. Unless it is 100% clear, it was noted that the Intent to Cut
should not be signed.
Mr. Watson responded that there had been an earlier dispute about the
boundary line in 1999 and he thought that it was resolved at that time. He
related that the Watson family has known for four generations where the
boundary line is located. Ms. Keeley related that Conservation Committee
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in 1999 did a field walk using maps and compass. She related that they were
not absolutely certain at that time about boundaries. She related that the
Town needs to formally know where the boundary line is.
Mr. Watson related that he was upset because they do not believe “my word
where boundary line is.” Mr. Watson was assured by BOS that they were
not saying they did not believe his word. He related that for 130 years no
one has contested the property line. Ms. Keeley noted that a survey could be
done, hopefully within next couple of days, and that it could be done through
Conservation Committee budget. It was agreed that this should be tabled for
now and Conservation Department try to have a survey done within next
couple of days and if possible, BOS would try to meet and approve Intent to
Cut accordingly.
(AM) noted that BOS has never in the past, questioned boundary lines for
other Intent to Cut applicants. He stated that BOS always assumed people
are on their own property and why would there be questions in this case?
Ms. Keeley noted that because the Town is an abutter, it is her obligation as
a steward of the Conservation Committee to know the boundary lines.
(AM) noted that we have never asked an abutter previously about boundary
lines and most abutters are unaware that an abutter is even cutting.
Mr. Watson related that Jason Curtis, the logger, has already begun cutting
and several BOS noted that this is being done without an Intent to Cut duly
posted. After discussion, it was decided:
(LS) Motion to table until survey can be completed and boundary line
established. (LK) Second. Carried 4-0.
(AM) instructed Conservation Committee to see if they could have survey
done post haste. Ms. Keeley related that she would try to have this done as
soon as possible and then perhaps BOS could sign off on the Intent to Cut.
2. Intent to Cut – Schmidt
(PS) Steve and Ann Schmidt, Tax Map R31, Lot 3B.
(EV) Motion to accept Intent to Cut for Tax Map R31, Lot 3B. (JL) Second.
Carried 4-0.
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OLD BUSINESS
1. Bill Smith – Town Acceptance of Shingle Mill Brook Road
This was addressed earlier in meeting.
2. Town Hall Sign
(PS) related that currently the sign is upstairs. “What do we do with it?”
(AM) related that the Historical Society was to help us with that.
3. First Congregational Church, Letter of Request.
(PS) noted that the after conversation with Mr. Dustin, it is noted that the
clock is not owned by the Town. He related that he was able to ascertain
that there is a close relationship with Town and Church and that the Town
has previously provided monies for repair of clock and bell, but not the
structure that houses the clock/bell. (LK) related that a Warrant Article for
assistance with this would be necessary. (PS) to write letter to church
regarding this information.
4. Pittsfield Players Tax Exemption – Tabled 4/17/07
Nothing new on this yet.
5. Zoning Board of Adjustment, Alternate Position
(PS) to place advertisement.
6. Employee Appreciation Day
(EV) Scheduled for July 20, 2007 from 8:00 A.M. to 10:00 A.M. All parties
have been notified, every thing is set on this. Give away is one day off.
(AM) Town offices will be closed till 10:30 A.M. This needs to be posted.
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7. Welfare Six Month Budget Review
(LK) noted that all BOS had been given a copy of the Review. BOS noted
that it was an excellent review and that they were very appreciative of the
results and the extra time (LK) had put in to make it happen. He related that
Betsey is very knowledgeable and smart. She has brought a lot of
knowledge to the Department. Betsey and he have been working on the
issues, updating the Ordinances, and following standards.
8. Channel 24 Update
No new info on this as yet.
9. Welfare Lien (Added to Agenda)
(LS) Motion to accept Welfare lien in the amount of $454.95. (JL) Second.
Carried 4-0.
CHECKS AND MANIFESTS
(LK) Motion to accept checks dated July 10, 2007. (EV) Second.
Carried 4-0.
(LS) Motion to accept payroll dated July 10, 2007. (EV) Second.
Carried 4-0.
MINUTES
(LS) Motion to accept Minutes dated June 26, 2007. (EV) Second. Carried
3-0. (LK) Abstain.
PUBLIC INPUT
Maurice Wells commented on Shingle Mill Brook Road asking if anyone
had checked Registry of Deeds. He related that he thought there was a
subdivision in the late l970’s. (AM) related that they had researched the
Town records only.
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He noted regarding Floral Park asking if the BOS were aware that three
stones had been tipped over on Thursday night and reported on Friday and
that the Police never showed up.
He related that the drywell is now in for Eckhardt. He noted that (JL) had
mentioned that landowner is responsible for the water that comes off the
land. Is that the Town’s policy? (AM) Yes, if it is coming from your
property.
Mr. Wells related that for the past twelve years, water has been coming
across Manchester Street into his walkway. He checked with George
Bachelder and was told to raise his walkway. It is the Town’s water. Also,
there are stones in the road on Manchester and Tilton Hill Road, and Spruce
Street at the bottom of Catamount. It should be cleaned up.
The Board is not doing their job. Really!!
Don Chase related that he had been appointed to Website Committee several
weeks ago and he has attempted several times to be sworn in. He was
notified that it could not be done, as the BOS had not signed the necessary
forms. (AM) related that the forms were here and would be signed tonight.
He also noted that he is a wireless Internet buff and researcher. He noted
that Municipal WiFi is causing a lot of problems around the country and is
causing a lot of headaches because of the liability issues. He noted that there
are grant monies to help encourage businesses to participate. If you
encourage businesses to install WiFi individually, it then becomes their
responsibility and not the Town’s with the same results. The Town would
lose the liability. (JL) questioned what kind of liability. Mr. Chase noted
that it would be possible for a minor to access chat rooms with some
possible adverse effects. Municipal WiFi is of immense value but it also
carries immense down sides.
(JL) suggested he contact Eric Bahr regarding his misgivings. Mr. Chase
related that he would be happy to do that. Town does not need Municipal
WiFi but rather we should encourage individual businesses to offer it. It
would be a high-powered business connection and locations would be put on
map to indicate access locations.
Close Public Input
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ADJOURNMENT
(LK) Motion to adjourn Public Session. (LS) Second. Carried 4-0.
NON-PUBLIC SESSION
(LK) Motion to go into Non-Public Session per RSA 91A:3 II (a) Police
Department Employee. Board was polled individually and all agreed.
Carried 4-0.
Public Meeting Adjourned at 9:00 P.M.
Five Minutes Break at 9:00 P.M.
APPROVED: July 17, 2007
___________________________ _________________________
Arthur Morse, Chairman Date