March 17, 2015 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, MARCH 17, 2015

CALL TO ORDER

Call to order at 6:00 P.M. by Eric Nilsson, Chairman

MEMBERS PRESENT

Eric Nilsson (EN), Chairman, Albert Douglas (AD), Vice-Chairman, Gerard LeDuc (GL), Denis Beaudoin (DB), Nicholas Hayes NH, Michael Williams (MW),Town Administrator, and Delores Fritz, Recording Secretary.

MEMBERS ABSENT:

None.

PUBLIC INPUT

Jim Pritchard: He reiterated his concerns pertaining to RSA 673:7, I and RSA 673:6, IV which prohibit two or more Planning Board members including alternates from serving together on any local land use board. He wanted to raise this issue again noting that the Pittsfield Board of Selectman has had a practice of appointing two Selectmen to the Planning Board – Ex Officio and Alternate. I hope this new Board will follow the Statutes accordingly. He noted several RSA’s which address this issue: RSA 673:1, I, 672:2, II, 673:6, IV, 673:7, I.

Close Public Input

AGENDA REVIEW

None.

SELECT BOARD ORGANIZATION

1. Chairman (vacant)

(AD) Motion to approve Eric Nilsson as Chair. (DB) Second.
Carried 4-0. (EN) Abstain.

2. Vice-Chairman

(EN) Motion to approve Al Douglas as Vice-Chairman. (GL) Second.
Carried 4-0. (AD) Abstain.

3. BCEP Representative

(EN) Motion to approve Denis Beaudoin as BCEP Representative. (GL) Second. Carried 4-0. (DB) Abstain.

4. Budget Committee Representative

(AD) Motion to approve Gerard LeDuc as Budget Committee Representative. (DB) Second. Carried 4-0. (GL) Abstain.

5. Budget Committee Alternate

(EN) Motion to approve Nick Hayes as Budget Committee Alternate.
(GL) Second. Carried 4-0. (NH) Abstain.

6. Economic Development Committee Representative

(EN) Motion to approve Nick Hayes as Economic Development Committee Representative. (AD) Second. Carried 4-0. (NH) Abstain.

7. Planning Board Representative

(AD) Motion to approve Gerard LeDuc as Planning Board Representative.
(EN) Second. Carried 4-0. (GL) Abstain.

8. Planning Board Alternate

(GL) Motion to approve Eric Nilsson as Planning Board Alternate. (AD) Second. Carried 4-0. (EN) Abstain.

9. SVRTA Representative

(AD) Motion to approve Gerard LeDuc as SVRTA Representative.
(EN) Second. Carried 4-0. (GL) Abstain.

10. Cable Advisory Committee Representative

(GL) Motion to approve Al Douglas as Cable Advisory Committee Representative. (DB) Second. Carried 4-0. (AD) Abstain

11. Aqueduct Purchase Committee – Gerard LeDuc

(GL) I would like to resign from the Aqueduct Purchase Committee. We have Al on the Committee.

12. Town Meeting Report of Appropriations

(MW) This is something that is required every year.

(GL) Motion to approve for submission to NHDRA Report of Appropriations Actually Voted: Pittsfield as submitted. (AD) Second. Carried 5-0.

13. Abatement Watson Elderly Exemption (Approved 3/3/15)

(MW) Board reviewed this last meeting and there were some discrepancies which have now been corrected.

(GL) Motion to approve abatement for Watson, Tax Map R28, Lot 2 for $5,709. (AD) Second. Carried 5-0.

14. Abatement – Guest Refund of Tax Payments Made

(MW) This represents overpayments made by Leonard Guest.

Selectman Nick Hayes recused himself and was seated in the audience. (5:12 P.M.)

(GL) Motion to approve abatement for Leonard Guest, Tax Map R25, Lot 2-3 for $1,359.54. (DB) Second. Carried 4-0.

Selectman Nick Hayes returned and was seated on the Board. (5:15 P.M.)

15. Wright Pierce Contracts – Authorize Town Administrator to Sign

(MW) As was noted at the previous meeting, we have a new WWTP permit (National Pollutant Discharge Elimination System Discharge Permit.) This permit was issued by EPA in January 2015 and is effective on April 1, 2015. Wright Pierce has offered to enter into negotiations with EPA to provide the Town with recommendations on an approach to address the new permit requirements (stringent phosphorus and nitrogen discharge limits.)

Wright Pierce has indicated in their letter the necessary steps to meet these requirements; the first of which would be an Administrative Order which would negotiate the terms with the EPA for compliance. We are looking at several
$100 T and will probably need a bond to cover this. The Administrative Order first and then Collection System Mapping and Collection System Operation and Maintenance Plan.

The other two contracts can wait for a couple of weeks but the contract to negotiate the Administrator Order is imminent. Board will also have to determine authorization to sign contract.

(AD) Motion to approve Administrative Order Contract with Wright Pierce to begin negotiations with EPA for WWTP Permit and authorize Town Administrator Michael Williams to sign documents. (GL) Second. Carried 5-0.

(EN) If anyone has any questions or concerns, please contact Mike Williams prior to March 31, 2015.

16. Sansoucy Aqueduct Purchase Contracts

(AD) As you are aware, the Warrant Article was passed for $25,000 to allow George Sansoucy to continue working on the project for the Aqueduct Purchase.
The Committee has Mr. Sansoucy’s report and contracts (2) to proceed with the consulting services to the Town. The Committee will be making their recommendations as to purchase/non-purchase by April, 2015 and these reports are basically informational. Both contracts need to be approved and signed by Board.

(AD) Motion to approve two contracts as presented by George E. Sansoucy, P.E., LLC regarding Aqueduct Purchase. (GL) Second. Carried 5-0.

APPLICATIONS and WARRANTS

4. Transfer of Funds – Fire Alarm System to General Fund
(2015 Town Meeting, Article 4)

(AD) Motion to approve transfer of funds ($11,462.97) from Fire Alarm System to General Fund. (GL) Second. Carried 5-0.

NEW BUSINESS
ACTION ITEMS

1. Deidre Benjamin Appointment Application

(MW) Ms. Benjamin has submitted an Appointment Application indicating Conservation Commission, Regional Planning Commission or Zoning Board of Adjustment.

Chris Hill: At this time the Commission is full and we have sufficient alternates.
Planning Board Member: Unsure as to the Regional Planning Commission membership.

Board agreed to present application to Zoning Board of Adjustment for review.

INFORMATION ITEMS

1. DOT 2015 Paving Program – Additional Information Route 107 to Northwood

(MW) At the last Board meeting, Board was advised by the DOT the Proposed Resurfacing Program 2015. This letter came in separately and also advises:

Pittsfield, NH 107, 5.3 Miles, ¾” PMST/2” H.P.P. – From the
Pittsfield/Northwood Town line northerly to the intersection of
Carroll Street and ½ mile north of the Pittsfield/Northwood Town
line to 0.1 mile north of Berry Pond Road.

(EN) requested a letter be sent to DOT regarding consideration of paving of downtown area also. (MW) to do.

Board also noted, perhaps, a letter from EDC to this effect would be helpful.

2. Groundwater Discharge Permit for WWTF

(MW) This is for information purposes – Utility Partners is preparing the Application and Town will be paying for application at that time.

APPLICATIONS and WARRANTS – Continued

1. Wallman – Current Use Application

(MW) Board addressed this at a recent meeting and in reading the cover letter some errors were noted and have now been corrected.

(AD) Motion to approve Application for Current Use, Carl Wallman, Trustee
Tax Map R8, Lot 1. (GL) Second. Carried 5-0.

2, Nickerson – Elderly Exemption Application

(GL) Motion to approve Elderly Exemption application for Gail Nickerson,
Tax Map R07, Lot 09. (AD) Second. Carried 5-0.

2. Fund Transfer – Ambulance Fund to General Fund

(GL) Motion to approve transfer $220 from Ambulance R&E Fund to
General Fund. (AD) Second. Carried 5-0.

CHECKS and MANIFESTS

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

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

MINUTES

1. Public Meeting Minutes of March 3, 2015

(GL) Motion to approve Public Session Minutes of March 3, 2015.
(AD) Second. Carried 5-0.

2. Non-Public Meeting Minutes of March 3, 2015

(AD) Motion to approve Non-Public Session Minutes of March 3, 2015.
(GL) Second. Carried 5-0.

3. Non-Public Meeting Minutes of March 12, 2015

(AD) Motion to approve Non-Public Meeting Minutes of March 12, 2015.

(AD) Motion to approve Non-Public Meeting Minutes of March 12, 2015.
(EN) Second. Carried 3-0. (NH) and (DB) Abstain.

Recess: 5:45 P.M. Resume: 5:59 P.M.

APPOINTMENTS

1. 6:00 P.M.: Holden Engineering Presentation
(Holden Engineering & Surveying)
Peter Holden was present. He noted that the firm does quite a lot of this type of work; and reviewed the project with the Board, explained the various products available for use including concrete, wood, etc., permit process, and the various other steps to final completion.
_________________________________________________________________

PUBLIC HEARING – Acquisition of 3 Units at 37 Main Street

6:02 P.M. (EN) announced that the Public Hearing regarding Acquisition of three units at 37 Main Street was recessed for a brief period of time and would resume shortly.
__________________________________________________________________

Peter Holden related that there have been many past projects of this type and the same people would work on them from initial stage to completion. He offered several references for Board to review.

(MW) questioned Mr. Holden in regard to the grant payment through DOT and how the payments were distributed.

Peter Holden: Permit timeframe is about 50 days and actual construction about 3-4 weeks. His availability is quite open and he would be able to begin the project as soon as possible.

(EN) Thank you for the information. Board will take this under advisement and Mike Williams will contact you accordingly.

Peter Holden left meeting at 6:13 P.M.

2. 6:15 P.M.: Quantum Engineering Presentation
(Quantum Construction Consultants, LLC)

Lisa Martin and Jim Bouchard were present.

Lisa Martin: She offered a brief history of the company and Mr. Bouchard’s and her experience in municipal bridge design and construction. She presented a list of current and completed projects for Board to review along with some pictures of “work in progress.” She related that about 95% of previous projects came under budget and explained how the funds were dispersed in relation to the Engineering Study, Preliminary Design and Final Design.

When questioned by Board, she did relate that this grant was approved several years ago and by today’s standards, it is a little on the low side but that every effort would be made to comply with the grant funds.

(EN) Thank you for your presentation. Board will take this under advisement and Mike Williams will contact you accordingly.

Ms. Martin and Mr. Bouchard left meeting at 6:40 P.M.

PUBLIC HEARING – Continued: (6:42 P.M.)

(EN) The Public Hearing is resumed:

The Town of Pittsfield is proposing to purchase three condominium units at 37 Main Street. RSA 41:14-a request the Board of Selectmen to conduct at least two public hearing to receive public comment.

(MW) For those who are unfamiliar with project: He explained the project in detail to those unfamiliar with this property including the status of ownership for each condominium. (See Attached.) He related that purchase costs would be through the EDC fund with replacement of funds after the property is disposed of. The Planning Board will be involved in this process to assure it will complement the Main Street area.

Public Input:

William Tahnk: If the property can be taken for taxes in September, why not wait until then? (MW) If the property is acquired as I explained earlier, there would be no statutory repurchase period. Mr. Tahnk: Is it possible that the parking area could be shared by the Library? (MW) This is something that could be considered.

Paul Nickerson: The value of buildings are not worth as much as assessor’s say. (MW) The first floor of the building is “trashed.” Mr. Nickerson: What about the barn, would we have to work on it. (MW) Possibly, we could take it down. Paul Nickerson: Does anybody know what we could get for the property–maybe
$200 T? (MW) We would not be giving the property away. Mr. Nickerson: It would be a good deal for Town. (MW) We are looking towards something that would initiate long term taxes.

Bill Elkins: These are condos now and if apartments are created in that area, would they be family apartments with children? (MW) This is undetermined.

Jim Allard: It strikes me that this could be a “rare circumstance” for Town and a window of opportunity. Right now, the sky’s the limit, and I would ask/suggest that we not limit ourselves. Pittsfield apartments and condos are failing but this is a great opportunity for the use of this property. I do not know about a bakery there because of Rustic Crust.

Jim Pritchard: I believe the Town Ordinances cannot distinguish between condos and apartments. (MW) Should the Town sell this, there will be covenants put upon the land. The condos would not be an issue as we would dissolve condo factor.

Nancy Fogg: What are the timeframes? (MW) At least a couple more months. An effort will be made here to not dictate what people can do or what property becomes but direction by Town as to what market can bear.

Clayton Wood: I am concerned about apartments and students. We could take less money up front and it would not cost more money. (MW) We should not be putting a cheap price on the building. It would be a nice re-built building. There is a fine line we have to draw.

(MW) Who knows, the Library might to use it as a Library Annex. That would be a definite draw and is not totally off the table.

Len Smith: We do not know what the market is like and should be looking at all aspects. It is a nice location. (EN) This is not something we would be jumping into.

Mr. Nickerson: That building was all apartments and it can go either way – change back to apartments for adults without children. It could be apartments for older people. (EN) We can look into everything.

(MW) This is the first step in a community driven project. Mr. Nickerson: Can we separate the land – the barn and the building? (MW) I do not have an answer for that.

Helen Schiff: It would not be good for apartments for older people because of the stairs. There are all kinds of businesses we need in Town. Make it into something attractive like doctor offices, chiropractic offices, etc.

(MW) The proposal right now is do we want to acquire the property for use in the future?

Close Public Input 7:05 P.M.

(MW) The second Public Hearing will be on March 31, 2015 at 6:00 P.M. If anyone would like me to look into anything about this, please let me know.

Close Public Hearing 7:06 P.M.

PUBLIC INPUT

None.

NON-PUBLIC SESSION

(EN) Motion to go into Non-Public Session per RSA 91-A:3 II (e) – Consideration or negotiation of pending claims or litigation which has been threatened in writing or filed against the Town or any subdivision thereof, or against any member thereof because of his membership in such body, until the claim or litigation has been fully adjudicated or otherwise settled. (GL) Second. Carried 5-0. Individual members of the Board were polled and all agreed.

Board entered Non-Public Session at 7:07 P.M.

Board returned to Public Session at 7:35 P.M.
NOTE: RSA 91-A (III) – Minutes of proceeding in non-public session shall be kept and the record of all actions shall be promptly made available for public inspection, except as provided in this section. Minutes and decision reached in non-public session shall be publicly disclosed within seventy-two (72) hours of the meeting, unless, by recorded vote of 2/3 of the members present, it is determined that divulgence of the information likely would affect adversely the reputation of any person other than the members of the Board, or render the proposed action ineffective. In the event of such circumstances, information may be withheld until, in the opinion of a majority of members, the aforesaid circumstances no longer apply.

Shall the Minutes be publicly disclosed? No.

Motion made by (GL) and Seconded by (AD) to not publicly disclose the Minutes because it is determined that divulgence of the information likely would affect adversely the reputation of any person other than a member of the Board and render the proposed action ineffective. Carried 5-0. Individual members of the Board were polled and all agreed.

BOARD OF SELECTMEN MEETING TIME

Board discussed the meeting time and agreed that meetings will start at
5:30 P.M. However, should there something on the Agenda that requires additional time, meetings can be convened at 5:00 P.M.

ADJOURNMENT

(AD) Motion to adjourn. (NH) Second. Carried 5-0.

Meeting adjourned at 7:37 P.M.

Approved: April 7, 2015

___________________________ ________________________
Eric Nilsson, Chairman Date

I hereby certify that these Minutes were recorded by me, transcribed and public posted on March 23, 2015.

_______________________________________
Delores A. Fritz, Recording Secretary

Attachments
Olympus: 01:55:03
BOS Attachment 3-17-15