July 23, 2013 Minutes

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

MEETING MINUTES OF TUESDAY, JULY 23, 2013

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,
Gerard LeDuc (GL), Albert Douglas (AD), Paul Skowron (PS),
Town Administrator, Delores Fritz, Recording Secretary.

MEMBERS ABSENT

Linda Small (LS)

PUBLIC INPUT

Dan Schroth: I have been chosen as Citizen of the Year and care about this Town so I have come to address a couple of things with you.

I have talked to Paul and I am asking that you not hire a Fire Chief until we can iron out whether he will be part-time or full-time. I do not want you to have to hire a full-time Fire Chief and then he only is here for six months. It is not right. I wouldn’t want him to sign a three-year contract and then when I file my Petition it would be different.

I also have heard that the NH liquor sales have increased by 13-15%. They have renovated about 13 of their stores and have an aggressive marketing campaign in progress. The problem is if a Pittsfield cop sees a resident staggering for one reason or another, what right has he to stop that individual? What right does a cop have to harass a resident because he had a drink or not. Yet, the State is pushing the “booze.” I do not like this move along policy but I am not telling them how to do their jobs.
Close Public Input

AGENDA REVIEW

(GL) Aqueduct Purchase Info; (EN) 30-32 Main Street Dumpster, Non-Public – Employee; (PS) Appointment Michael Dugas, State DOT Re: Route 107/28, E-Mail from LGC Legal Staff Re; Yard Sales, Building Permit Fee Schedule, BOS Meetings Schedule, Memo from GB Re: Safety Problems with Main Street Business Signs, Departmental Scheduling of Vacations/Overtime Requirements, E-Mail Fire Chief Re: Fire Chief Job Description, Planning Board/AHG, Non-Public Re: Personnel Appointments.

APPOINTMENT

6:10 P.M.: Michael Dugas, State DOT – Re: Routes 107/28 Municipal
Agreement

Michael Dugas, P.E., Chief of Preliminary Design, NHDOT was present to offer an update on the road renovation (Routes 107 and 28). He explained this would involve the southbound and northbound turning lane, left turn lane, and removal of some of the pavement to make this area narrower. Construction will probably begin early spring 2014. He noted he was present tonight to have Town sign the Municipal Work Agreement (which was signed by Town Administrator) after Motion was approved.

(AD) Motion to approve State of NH, DOT Municipal Agreement re: Routes 107 and 28 and authorize Town Administrator to sign. (EN) Second. Carried 4-0.

Mr. Dugas left a map delineating the area to be re-constructed. He related that he will return in late winter/early spring to update the project.

6:15 P.M.: Clayton Wood Re: Class VI Roadways and AHG

(LK) wanted to advised Board that he had done some work for Sonny Sell in the past (years ago) and not anything recently and would recuse himself if Board felt it was necessary. Board agreed his recusal would not be necessary. Clayton Wood also agreed that Selectman Konopka’s recusal would not be necessary.

Clayton Wood was present to address Board regarding AHG Subdivision. He related that Town needs a policy to be issued first pertaining to Class VI roads. Planning Board has research and has offered recommendations to what policy should address. “We are waiting for each other to move first” on this. What can we do to make this happen? (LK) We can start working on that in September. (AD) According to the RSA 674:41, a policy is NOT required. I would just like to make it clear that Board does not have to have a policy. Clayton Wood: Yes. There are things that have to be done and without a policy, it is hard to treat everyone fairly. It would make it clear to individuals. (AD) Towns create these on their own. Clayton Wood: Yes, but we have not done a subdivision before. He quoted from case law some information regarding subdivision permits. The Planning Board has made recommendations to the Board of Selectmen and we cannot authorize final approval without that in place. The Board has already signed a Permit without 674:41 being in place and Planning Board will not give final approval before 674:41 is done.

(LK) The Planning Board has a meeting scheduled for August 15th, yes?
Clayton Wood: This is to address possible revocation. (LK) I would hate to act on something if Planning Board will be doing something different. We have some concerns in this regard. What are your thoughts about Planning Board and this Board meeting with Town Counsel? This could be beneficial. Clayton Wood felt it would be more productive to have BOS Chair, Town Counsel and himself meet rather than the entire boards. (LK) No decisions would be made; we could just get some answers to questions. Clayton Wood: As long as it is clear what the guidelines are. (LK) We could discuss the stone wall – which is not part of the road the way that I read the plans, but I may be incorrect on this and Town Counsel might be able to offer some insight on this. Clayton Wood: This Board has never discussed the issues of the stone wall, drainage or eminent domain. (LK) Maybe by meeting with Town Counsel we could get a clearer view of this. Chairman suggested August 6th for this meeting. Clayton Wood noted he would get back to the Board on this. (AD) Is 674:41 enough to move forward on this or would a policy be better? Clayton Wood: Before proceeding with the final hearing, you need to proceed with 674:41. The stone wall should be addressed.

(PS) to check with Town Counsel Bart Mayer for availability.

Clayton Wood noted that the Road Agent is a clear element in this and there has been no information from him about the road changes. (PS) What exactly do you want from the Road Agent? If you will send me an E-mail, I will address with George. What are subdivision permits? What is that? It is not stated in the Statutes anywhere. Town does not have a subdivision permit. Clayton Wood noted that he was unsure as to what this was but that he was merely quoting from case law.

Clayton Wood left at 6:50 P.M.

NON-PUBLIC SESSION

(EN) 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 6:52 P.M.

Board returned to Public Session at 7:17 P.M.

(EN) Motion to seal Non-Public Session of July 23, 2013 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.

NEW BUSINESS
ACTION ITEMS

1. Junkyard Renewal License – Snedeker

(EN) We need to table this. The Building Inspector has contacted Mr. Snedeker but has not heard back from him.

(EN) Motion to table Junkyard Renewal License – James Snedeker.
(GL) Second. Carried 4-0.

(GL) I have read the E-Mail from Fire Chief and these errors need to be fixed.

2. Action on DRA Form PA-28

(PS) This is an annual outdated form in Statutes which the Town does not use.

(EN) Motion to approve not using the DRA Form PA-28 for 2014. (GL) Second. Carried 4-0.

3. Action on DRA Form MS-5

(PS) This is the last form to be filed with DRA after the audit.

(GL) Motion to approve DRA MS-5 and authorization to sign document.
(AD) Second. Carried 4-0.

4. Transfer from the General Fund to the Ambulance Fund

(EN) Motion to transfer $418.54 from the General Fund to the Ambulance Fund. (AD) Second. Carried 4-0.

5. Action on Permit to Trap

(PS) This is for Nicholas Penney requesting Permit to Trap same as last year
in the same location.

(LK) Have you talked to George about this? (PS) No, but it is the same as was requested last year.

(EN) Motion to authorize Chairman as landowner to sign Permit to Trap for Nicholas Penney. (GL) Second. Carried 3-0. (LK) Abstain.

6. Award of Oil Bid

(PS) The lowest bidder is Fred Fuller at $3.19 ½ per gallon. The School Department formally bids and we usually follow in suit.

(AD) Motion to approve oil bid of Fred Fuller at $3.19 ½ for season
2013-2014. GL) Second. Carried 4-0.

7. Resignation of Selectmen’s Alternate to Planning Board

(EN) Motion to not accept resignation of Selectman’s Alternate to Planning Board. Motion dies because of lack of Second.

(LK) We could table this until the next meeting.

(GL) Motion to accept resignation of Selectman Larry Konopka as Alternate to Planning Board. (AD) Second. After Discussion: Carried 2-1 (EN)
(LK) Abstains.

Discussion: (AD) Do you feel it would be to your benefit to resign? (LK) Yes.

(EN) Motion to approve Gerard LeDuc as Alternate, Selectman Ex Officio to Planning Board. (AD) Second. Carried 2-0. (LK) and (GL) Abstain.

8. E-Mail from LGC Legal Staff Re: Yard Sales

(PS) As you will note from the E-Mail from Paul Sanderson regarding Yard Sales, the Board has local discretion to frame organization of yard sales. The question is: Does the Board want to regulate yard sales? A Yard Sales Ordinance could address the issues of limiting them and traffic control. (AD) Do we see this as a potential problem? (PS) No. (GL) noted that with what is happening, everyone is trying to economize and I would not support a yard sale ordinance. (AD) I suggest we do not do this at this time. (EN) Agreed.

9. Memorandum from George Bachelder Re: Safety Problems with Main Street Business Signs

(PS) I have been asked to discuss this with George due to the action taken by the ZBA overturning a sign regulation. I have sent the Memo to Town Counsel. Town Counsel is not comfortable with Board appealing ZBA ruling based on that Memo. (LK) I would recommend sending the Building Inspector to reassess.

(EN) Motion to approve referring this back to the Building Inspector to reassess matter concerning sign. (GL) Second. Carried 4-0.

10. Departmental Scheduling of Vacations/Overtime Requirement

(PS) If you will notice Payroll, there are a few comments regarding overtime; specifically the timing of vacation resulting in overtime. I think a tool we can use to revise this would be to have Department Heads fill out vacation information and then Board would know when vacations are planned. This could be for Department Heads and employees. It would help everyone in understanding scheduled vacations. (EN) Does the request for vacation come with a time limit as to the requested time? (PS) No, there is no time limit except as to what is in the contract. (LK) So Department Heads and employees would have a calendar depicting proposed vacations? (PS) Department Heads approve vacations and all approvals would be referred to Town Hall to be noted on a “master calendar.”

(EN) Are Department Heads contacting Town Administrator regarding use of overtime? (PS) Overall, they have been. I will draft a letter to this effect and will mention at staff meeting tomorrow.

11. Board of Selectmen Meeting Schedule

(LK) We are falling behind with several matters such as the hiring of the Fire Chief and we should go back to meeting every week starting August. Board discussed further and agreed that September would be better.

(GL) Motion to approve Board of Selectmen meeting weekly effective
September 1, 2013. (EN) Second. Carried 3-1 (AD). .

12. 30-32 Main Street

(EN) I have some pictures of the street outside Jitters Café where there was a dumpster, without a dumpster permit, and where there is some white paint all over the road. (See attached.) The dumpster has been removed now but they were working on the building. It was agreed that George should view to address answers regarding paint on road near drain as well as the Health Department.

(EN) Motion to work with the Building Department regarding Dumpster Permit Fee Schedule. (GL) Second. Carried 4-0.

INFORMATION ITEMS

1. E-Mail from Fire Chief Re: Fire Chief Description

(PS) Fire Chief Nick Abell has addressed his suggestions regarding the Job Description for Fire Chief.

2. Matter Re: Planning Board/AHG

(PS) Clayton Wood was here to address these matters.

3. Building Permit Fee Schedule

(EN) I would like to work with the Building Department to update the permit fee schedules.

(GL) Motion to approve Eric Nilsson working with the Building Department to update the Permit Fee Schedules. (AD) Second. After Discussion: Carried 4-0.

Discussion: Have you verified permit fees in other towns? (EN) I will be doing that. I am not suggesting that there be a drastic change but enough to make the Building Department self-sustaining. It was noted that there will be a process to accomplish this.

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

(EN) Clayton was here tonight pertaining to where and what the Planning Board is trying to accomplish. The next meeting is August 1st and a meeting is also scheduled on August 15th – Notice of Consideration to Revoke Conditional Approval for AHG.

5. Report from Selectmen’s Representative to the Suncook
Valley Regional Town Association

(GL) The next meeting is July 31st and they will be looking at consolidating the use of a single vendor for Town Reports.

6. Pittsfield Aqueduct Purchase Committee

(GL) We had our first meeting and addressed what we would like to do. The next meeting is August 19th at 7:00 P.M. at which Cedric Dustin will offer a brief history and possibly George Sansoucy will be able to be present to offer an overlay of how this can be accomplished. To date, we have not elected a Chair.

OLD BUSINESS

1. Policy for Recruitment and Employment – Revised

(EN) noted that Town Administrator and he would be working on this.

2. Policy for Employee Total Compensation Pending

3. Amending to Obstructing Streets & Sidewalks Ordinance

Per (LS) request, this will be deleted from Agenda and the Ordinance regarding Loitering, Skateboards and Bikes will be added.

APPLICATIONS and WARRANTS

1. Veteran’s Tax Credit – Tax Map U05, Lot 67-1

(GL) Motion to approve Veteran’s Tax Credit – Tax Map U05, Lot 67-1.
(EN) Second. Carried 4-0.

CHECKS and MANIFESTS

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

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

MINUTES

1. Public Session July 2, 2013

(EN) Motion to approve Public Session Minutes of July 2, 2013 with Corrections. (GL) Second. After Discussion: Carried 3-0. (AD) Abstain

Discussion: (AD) requested that it be noted in the Minutes that his absence at the last Board meeting was an “Excused” absence.

Corrections:

Page 3, Under No. 13, Line 7: original plan… (LS) The front flag has been a safety concern right along and therefore cannot be part of the approval.
Page 3, Under No. 13, Paragraph 5 & 6: (LK Motion to not…………., and that Town not require liability insurance for any sidewalk items at all. (LS) Second.

Discussion: (LS) suggested that Town not require liability insurance for sidewalk items at all and Motion/Second was revised to include this.

Page 3, Under No. 13, Paragraph 7: …..will be libel. (PS) advised that the Town is covered for its property and it is totally up to the Town whether or not to require additional insurance. It was also noted that the cost to business owners is excessive and therefore, not necessarily business friendly.

2. Non-Public Session – July 2, 2013

(EN) Motion to approve Non-Public Session Minutes of July 2, 2013.
(GL) Second. Carried 3-0. (AD) Abstain.

PUBLIC INPUT

Jim Pritchard: Regarding your discussion with Clayton Wood, I am very disappointed with the Board of Selectmen.

Eric talked about RSA 674:41 in relation to issuing building permits and buildable lots. The actual building permits are not part of subdivision approval. I think Eric is missing the woods for the trees here. AHG is seeking permission to certify building lots which is generally the case when an applicant is seeking subdivision approval. These are not buildable lots. In this case, the plat clearly shows that. Planning Board cannot approve an application for buildable lots if the lots are not buildable because they lack permission from RSA 674:41.

The reason I just illustrated is the meaning of “subdivision permits” as Supreme Court used the term to explain in Turco vs. Barnstead. This involved, among other things, the Planning Board’s denial of an application for subdivision approval when the subdivision was not authorized by RSA 674:41. The court has held that the statute (RSA 674:4) applies with equal force to building permits and “subdivision permits.” I am quoting the Supreme Court. In this context the Supreme Court uses the term “subdivision permits” which means permission to subdivide because the issue to subdivide was the issue the Supreme Court was deciding.

Finally, I find it very hard to believe that any one honestly thinks that “subdivision permits” does not mean permission to subdivide.

NON-PUBLIC SESSION

(EN) 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 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 request an open meeting. (GL) Second. Carried 4-0. Individual members of the Board were polled and all agreed.

Board went into Non-Public Session at 8:18 P.M.

Board returned to Public Session at 8:30 P.M.

(EN) Motion to seal Non-Public Session of July 23, 2013 per 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. (GL) Second. Carried 4-0. Individual members of the Board were polled and all agreed.

(GL) Motion to reconvene in Public Session. (AD) Second. Carried 4-0.

ADJOURNMENT

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

Meeting adjourned at 8:33 P.M.

Approved: August 6, 2013

____________________________ ______________________
Lawrence Konopka, Chairman Date

I hereby certify that these Minutes were recorded by me, transcribed and publicly posted on July 30, 2013.

____________________________________________
Delores A. Fritz

II Tapes
Attachment