July 5, 2011 Minutes

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

MEETING MINUTES OF TUESDAY, JULY 5, 2011

CALL TO ORDER

Call to order at 6:00 P.M.,

MEMBERS PRESENT

Ed Vien (EV), Chairman, Denise Morin (DM), Vice-Chairman, Fred Hast (FH), Paul Rogers (PR), Gerard Leduc (GL), Paul Skowron (PS), Town Administrator, and Delores Fritz, Recording Secretary.

MEMBERS ABSENT

None.

PUBLIC INPUT

Ted Mitchell: I think the public notice for Ethics training needs to be reworded noting that “elected members are strongly urged to attend.” You cannot make them attend.

Ms. Cortese: I wanted to say thank you to this Board. With this Board, it makes it a completely different Town. (EV) It should be noted that there are a lot of volunteers that are backing us up.

Close Public Input

NEW BUSINESS
ACTION ITEMS

1. Ethics Committee Request for Legal Counsel

Denise Morin recused herself and was seated in the audience (6:03 P.M.)

(PS) I expected Merrill Vaughan to be here tonight. As indicated in the E-Mail, it notes that this would be on the Agenda tonight. He wanted the approval to have legal counsel available at the Ethics Committee on Wednesday, July 6th.
Patrick Holland noted that he was here in place of Merrill Vaughan.

(EV) I think they are seeking guidance for tomorrow night’s meeting. (GL) Do you feel you need guidance? Patrick Holland: It would be helpful. (GL) Do you feel overwhelmed? Mr. Holland: No, not overwhelmed, it would just be a help. (EV) I think it would be a good idea. (GL) I am all for it. (FH) I do not see how saying yes is going to help. Merrill should be capable of handling this. He could talk to the attorney on the phone. (EV) Talking on the phone and having a
one-on-one interaction is different.

(GL) Motion to approve Ethics Committee utilizing legal counsel for initial hearing on July 6th only. (PR) Second. Carried 4-1 (FH).

Denise Morin returned and was seated on the Board. (6:08 P.M.)

APPOINTMENT

6:05P.M.: Cortese/Michaud Re: use of Gravel Pit

Timothy Callahan: I am pretty concerned about what is transpiring at the gravel pit. My property abuts it. (EV) Nothing has changed there and nothing new has been proposed. The Town has the right to allow Police Officers to use the area if the correct distance exists from structures without going to the Planning Board. Mr. Callahan: It has to be certain distances from residences. (EV) Where they are shooting, it would be almost impossible to have a problem. Mr. Callahan: If bullet ricochets off a rock, it would put my family in jeopardy. (EV) It could be hunting across the road. Mr. Callahan: Using the same type of weapons? (EV) Yes. Chief Wharem: The way that they are positioned is completely opposite from your site. Mr. Callahan: What is the Town doing for safety prevention? Chief Wharem: The Town owns ninety acres out there. Mr. Callahan: They are at the edge of the property. What is the required distance? Chief Wharem: The elevation is 150 ft. Mr. Callahan: I am sure it is 99% safe, but I am worried about that 1%.
Chief Wharem related that there are several other towns and agencies that utilize the gravel pit for practice and qualifying.

Mrs. Cortese: Why do other towns use it? We have all been complaining for the past three years. Last year was the most miserable. It was non-stop. I have a long list of people that have complained to me about it. When I am in the house, there is nowhere to go. In the Master Plan it talks about quality of life and we do not have it. I have nowhere to go to not hear it. Where do I go? I do not want to live there. Chief Wharem: I have received complaints on Saturday and Sundays and have sent officer down there and there is no one there. People are hunting in that area.

Mr. Callahan: It is disrupting the environment. Chief Wharem: People have a right to shoot on their property? Mrs. Cortese: There was no problem before the Town owned it. There are semi-automatics being us and what sounds like massive explosions. I have lived there for eighteen years. (DM) It has gotten worse?
Mrs. Cortese: Yes. I am sorry for all those people who live along the road.

Bill Abbott: Hunters go in the back and shoot. These officers practice and are working to save our and their lives. Is it annoying – Yes. I see others concerns. Private citizens do not use it. You can post “No Hunting” on your property.

Ted Mitchell: I am a neighbor and I notice the shooting and it does not bother me. They are well within the law where they are shooting which is 75 feet away from the road and 300 ft. from an occupied building.

Chief Wharem and Mr. Callahan reviewed pictures of the position of the pit though disagreed with the property lines.

Patrick Holland: I also have young kids. You would have to limit shooting by everyone in Town that likes to shoot in their back yard.

Board agreed that a Site Walk might be appropriate.

Clayton Wood: I am a little confused about who is shooting? Chief Wharem: Anytime there is shooting in the area, it is assumed it is the police, but it is not always the case. We do training. When we are qualifying, there are five people shooting down there at once and it is not an automatic weapon. Ted Mitchell: Would it be possible to notify people in advance? Chief Wharem: That would not be a good idea because of staffing. The Town has used this area for twelve years.

Jim Theodore: When they are using it, they should make sure they are using it correctly and making sure that no shooting is done at the wrong angle.

Joseph Cortese: The Police are important and it is admirable that the Town builds relationships with other Towns and agencies. However, the point I would like to emphasize is that the gravel pit offers a false illusion of security. I have videos of the effects of ricochet and a twenty page report regarding the Specs of Shooting Ranges. I am not sure where the liability and responsibility lies in the matter. State agencies would have to be contacted to determine that. It is the wrong place to have the facility. About 90% of the people in that area are disturbed and upset about it. I would have serious doubts about how to proceed. You must pick the right place and it should be regulated. This should not be in a residential area.

(DM) A Site Walk might be appropriate. (GL) Mr. Callahan, when you bought the property was it surveyed? Mr. Callahan: It is quite expensive. (EV) To address this, members of the Board will look at the gravel pit. I would be willing to meet with any property owners and go over their property. I do not see our Police Department going to Belmont to qualify. I am a hunter and know about safety. You have to know what you are shooting into.

(FH) About three years ago, one of the Board members had concerns about shooting and hitting the rocks and we purchased sand and a berm was put up. You say they are shooting randomly. They do not do that – they are certified Police Officers. Everyone has complaints about something. On certain days you hear the gunfire more. Chief Wharem: We do have night certifications and sometimes on Saturdays. (PR) Could you have it posted as to times of availability for taxpayers instead of seven days a week?

Mr. Cortese: I am not against the shooting but there should be some controls. Mrs. Cortese: Twelve years ago it was different. Mr. Abbott: So I take it that the problem is the number of shots fired?

(EV) Board will review this. If the property owners will call me, we can walk the property lines, look at the pit and look at the safety issue.

Mr. Cortese: It is important to get it right. I would argue that it is in the wrong location.

Chief Wharem: I am not sure that this was brought up but it is more than 300 ft. from a residence and that is what Fish & Game requires. Qualifying will take place in the fall.

Ms. & Mrs. Cortese left at 6:50 P.M.

NEW BUSINESS – ACTION ITEMS – Continued

2. Bid Opening for Miscellaneous Equipment

(EV) We have three bids which I will open now.

Steve Vael – Ctr. Barnstead: $543.21 Ford 8000 Dump Truck

Len Gilman, Jr., H.E.R. & W.: $490.27 GMC 6500 Fire Department Tanker; $690.27 Ford 8000 Dump Truck; $180.27 Pull Along Sweeper; $275.27 Eager Beaver Tri-axle Trailer;

Wayne Kimball, Epsom, NH: $510. Eager Beaver Tri-axle Trailer, $260 Generator.

(FH) Motion to accept bid for $490.27 for GMC 6500 Fire Department Tanker, $690.27 for Ford 8000 Dump Truck, and $180.27 for Pull Along Sweeper for Len Gilman Jr. (GL) Second. Carried 5-0.

(FH) Motion to approve bid for $260 for Generator and $510 for Eager Beaver Tri-Axle Trailer for Wayne Kimball. (DM) Second. Carried 5-0.

Mr. Gilman, seated in the audience, noted that he would be willing to haul away the Ford Crown Victoria and split with the Town whatever he gets for the weight, though he is usually not interested in cars. Chief Wharem: You could also take it to the Atlantic Traders auction. Mr. Gilman: I was told that it does not run.
(EV) We will let you know.

3. Transfer from General Fund to Martin Site Plan Escrow Account

(FH) Motion to approve transfer $450 from General Fund to Martin Site Plan Escrow Account. (GL) Second. Carried 4-0 (DM) Abstain.

4. Letter of Support/Suncook River/Rivers Management & Protection Plan

(PS) You will notice from the E-Mail reason for the request. (Per E-Mail dated June 24, 2011:

“This letter is for the support of the 604(b) funding for the nomination process of the Suncook River into the NH Rivers Management and Protection Program. The CNHRPC is writing a Letter of Intent to DES which is due on June 30, and we’re aiming to include all of the Boards’ Letters of Support to ensure that a complete LOI is submitted.” (See attached letter.)

(FH) Motion to approve the letter of support for the NHDES 604(b) proposal and authorize Chair to sign letter. (DM) Second. Carried 5-0.

5. Parade Permit Application: Old Home Day – July 23, 2011

(FH) Motion to approve Parade Permit Application: Old Home Day –
July 23, 2011. (GL) Second. Carried 5-0.

6. Award of Oil Bid

(PS) As the Board is aware, the school put this out to bid and the only bid was from Fred Fuller who suggested they wait for a period of time. They have now accepted the bid at $3.27 ½/gallon.

(FH) Motion to table this matter until further research can be done for other bids.

(FH) noted that he would like to have the proposed usage amounts to contact other bidders. (PR) I will be glad to help you with this. Chief Wharem: It also might be helpful to find out about diesel and propane.

(GL) Second Motion.

(EV) We can make a decision at our next meeting. (FH) We should also have a disclaimer noting that if the oil costs drop that we would get it at the reduced rate.

Carried 5-0.

7. Board of Selectmen Notices to Former Owner Tax Deeded Real Estate
Re: Town’s Intention to Sell the Property

(PS) This is the process which should be followed and a sample letter is attached. This is not sent to property owners of land but to individuals with property that have buildings. This gives the property owner an opportunity to claim any possessions they would like to have within thirty (30) days. The four individuals who will be receiving this letter are David Blackey, Michael Bowes, Maureen Foss and Howard and Pat Carpenter.

(GL) Motion to approve letter to these property owners and authorize Chair to sign. (DM) Second. Carried 5-0.

8. Revision of Police Special Detail Rate

(PS) At the last meeting, the Board transferred funds to various retirement accounts because of the increase as of July 1st for statutory changes in NH Retirement contribution rates. The employer shares have increased and of which, the employee shares will also do at a later date. It is suggested that the police detail rates also need to increase from $56 to $58 per hour effective July 1, 2011.

(FH) Motion to approve detail rates to increase to $58 effective July 1, 2011. (GL) Second. Carried 5-0.

9. Discussion with George Sanscoucy Scheduled for
July 19, 2011-5:00 P.M.

This will be discussed in Non-Public Session.

10. Information Re: Belcastro Property

(PS) This is for information purposes.

11. Information from the Animal Control Officer

(PS) This is a letter from the Animal Control Officer for informational purposes noting some various individuals resisting registration of their dogs.

INFORMATION ITEMS

None.

OLD BUSINESS

1. Draft Agreement for Kiosk Participation by Businesses Pending

2. Resignation of Deputy Welfare Director and Deputy
Health Officer Pending

(PS) I have contacted Larry Konopka and invited him to this meeting but he is away on vacation and will be at the July 19th meeting at 6:30 P.M.

APPLICATIONS AND WARRANTS

None.

CHECKS and MANIFESTS

(DM) Motion to approve Accounts Payable and Check Register. (GL) Second. After Discussion: Carried 5-0.

Discussion: (FH) The $1,200 for WiFi – are you getting any money for that?
(EV) It is not fully funded yet. (DM) I am a little concerned about this also. Originally it was not to cost the taxpayers any money. (EV) People outside the Town are impressed with the WiFi abilities. (PR) It has not paid for itself in three years and is still being carried by the Town. (EV) It is coming out of the EDC fund and I will get some figures together. (FH) I would like to see the figures on it. (DM) Perhaps the EDC could solicit it a little bit more. Ted Mitchell: This will be done in the fall. Chief Wharem: How big of an area does it cover?
(EV) Probably from the front the PD to the front of Jitters, down Depot Street near the pizza place.

(DM) Motion to approve Payroll and Direct Deposit. (GL) Second. Carried 5-0.

MINUTES

1. Public Session Minutes of June 21, 2011

(DM) Motion to approve Public Session Minutes of June 21, 2011. (FH) Second. After Corrections Noted: Carried 5-0.

Corrections:

Page 5, Paragraph 5: (FM) changed to (FH)
Page 5, Paragraph 6: Should read (PS) This is part of the $50,000.
Page 7, Paragraph l: Quotes should be added to “If I am needed there
then I will be there.”

2. Non-Public Session Minutes of June 21, 2011

(DM) Motion to approve Non-Public Session Minutes of June 21, 2011.
(GL) Second. Carried 5-0.

PUBLIC INPUT

Heather Brown: I have several small comments:
When is the Deputy Welfare Director position going to be available?
(EV) Probably after Board talks to the Deputy Welfare Director that resigned.
Heather Brown: The property back of the Eclipse, is anything being done about that? (EV) That is being looked into.
Heather Brown: In light of what is going on in Town. I think that by putting too many restrictions on things and people you are opening up a can of worms. The Town gives certain people the right to decide what is going on around private and Town properties. These issues will drive citizens out of the community and not integrate people to live together. (DM) There are two sides to every story.
Heather Brown: I am not giving an opinion yea/nay. We do not want to drive people away. (GL) That is why the Board needs to go for a Site Walk and get an idea which way property lines exist.

Romeo Dubrevil, 59 Johnson Road: I would like some clarification on procedures
and how boards interact with each other. If one Board does something that is inappropriate, is there an entity within the Town to tell them they missed a procedure? Is there a way to look at it again either through Zoning, Building Inspector or Town Administrator? Are there checks and balances and who’s job would it be? I know each Board has BOS representative and is there some checks and balances there?

(DM) For instance, like who would oversee the Zoning Board? (GL) The Zoning and Planning Boards are supposed to be through the Building Inspector. He would guide the applicants through the procedures and guarantee that the Board application is okay.

Jim Pritchard: I have a little bit of experience with town boards. For instance, if you have an issue with the Zoning Board, you can take it up with the Zoning Board and move for a re-hearing. That would be the only way to do it. (DM) What if you are not asking for re-hearing? Mr. Pritchard: You can express it at Public Input but it would have little effect. You could run for office. Once the decision is made you have the thirty-day appeal deadline.

Jim Theodore: The Board is wrong. If you break the law, it can be held against you forever.

Mr. Dubrevil: I wanted to be clear about the procedure. It is up to the residents to police boards. (EV) It is like Jim Pritchard said, if you disagree with decision, you
can request a rehearing noting on what grounds.

Ted Mitchell: I believe you have to have standing in order to go against a decision. A non-abutter in Court would not have standing and no connection with the decision.

Close Public Input

NON-PUBLIC SESSION

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

Break 7:45 P.M. Resume in Non-Public Session at 7:48 P.M.

Board returned to Public session at 8:05 P.M.

(DM) Motion to seal Non-Public Session of July 5, 2011. (GL) Second.
Carried 5-0.

OTHER

1. HSA Stationery

(PR) I received an appointment for inspection from HSA within a Board of Selectmen envelope. They should have their own stationery and not use Board of Selectmen’s. They have their own identity. I reviewed some of my previous ones and they all were sent in Board envelopes. Board agreed (PS) would discuss with Fred Okrent to obtain HSA stationery for mailings.

2. Air Conditioning – Large Conference Room

(FH) It is hot in here. We should look into expanding the air conditioning into this room. It should not cost a great deal.

ADJOURNMENT

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

Meeting adjourned at 8:15 P.M.

Approved: July 19, 2011

_____________________________ ____________________
Edward Vien, Chairman Date

I hereby certify that these Minutes were recorded on July 5, 2011, transcribed and publicly posted on July 7, 2011.

___________________________________________
Delores A. Fritz, Recording Secretary

II Tapes

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