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

MEETING MINUTES OF TUESDAY, MAY 17, 2011

CALL TO ORDER

Call to order at 6:01 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

None.

AGENDA REVIEW

(PR) Complaint – Diane/Welfare; (GL) EDC Contract; (FH) Shaw Road, Award – Ruth Strickhart; (EV) Highway Building, EDC Letter Re: Park’n’Ride;
(PS) Hawkers and Peddlers Permit Application – Linda Martin, Letter dated 5/8/11 from Jesse Pacheco, Draft Agreement for Kiosk at Dunkin Donuts, Selectmen Confirmation/Additional Tax Deeds (3), E-Mail from 2009 Re: Mud Run, Draft Letter EDC, Letter EDC Re: Park’n’Ride.

APPOINTMENTS

6:05 P.M.: Nick Abell – Parks & Recreation Committee

Maryellen Plante is present in lieu of Nick Abell’s other commitments. Ms. Plante related that at the present time they are having difficulty filling the lifeguard positions at the pool for the coming summer season. Is it possible that the Board would approve running a five-day program and have a sign stating “Open Beach – No Lifeguard on Duty?” Saturdays and Sundays are not high usage days.
(EV) What about the insurance aspect? Ms. Plante: A lot of Towns in the State do not lock their gates and have no lifeguard on duty with signage that individuals should “swim at your own risk.” (EV) suggested checking with surrounding towns as to what they do when they are open and perhaps, if they have any suggestions as to individuals who could apply as lifeguards. (Ms. Plante picked up the rest of the applications that have been submitted.) (FH) The pool is not used too much on the weekends. I would suggest your checking on the insurance concerning this. Ms. Plante indicated that they are checking with LGC also regarding this as well as to charging entrance fees. (GL) I would not like the Town to be held liable. Ms. Plante agreed she would check with other towns and with LGC as suggested.

Ms. Plante left meeting at 6:10 P.M.

6:10 P.M.: Romeo Dubriel – Complaint Re: Advertise Mud Run Event

Mr. Dubriel related that he had submitted a complaint form, which “I believe is self- explanatory.” It is a commercial operation in a rural neighborhood. (EV) read into the Minutes the complaint as submitted. (See Attached.) Dan Kramer, Building Inspector, noted that there are several issues to be addressed: 1. Zoning – Use Permitted and 2. Land in Current Use. It was noted that this was originally a one-time event, but now the number in attendance has grown (approximately 700 people) as well as the amount of traffic. (FH) Dan and I went up to the site on Friday and I would recommend that property owner take out about three acres of current use, get permits and apply to Town. It was noted that paramedics are present at the event an approximately 34 other individuals present during an event as on staff or volunteers. The area is fenced and has EPA approval. Ms. Martin noted that she would advise Board of the number of cars, number of attendees, and paramedic information as soon as possible. Public input noted that before Board decides on this finally, that the revenue it brings to Town should be considered. (EV) Judgments are based on the laws and not the money value. Ms. Martin noted that she would file for a special exception with the Zoning Board.

Recess: 6:27 P.M. Resume 6:37 P.M.

NEW BUSINESS
ACTION ITEMS

2. Abatement Recommendation to Grant Tax Map R9, Lot 5

(DM) Motion to approve abatement Tax Map R9, Lot 5. (PR) Second. After Discussion: Carried 4-1 (FH).

Discussion: (FH) questioned how they came up with the abatement. This is another question that I would like to address with the assessing company. They have not been going to the property like they should. We are paying good money for these assessments and we should be getting good quality work. (DM) Are you questioning their job performance or this particular assessment? (FH) Both. This property will be added to the list to be presented to assessing company at future Board meeting.

3. Abatement Recommendation to Deny Tax Map R32, Lot 7-2

(DM) Motion to deny abatement Tax Map R32, Lot 7-2. (FH) Second.
Carried 5-0.

4. Request of Chief Wharem – Animal Control Officer

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

Board went into Non-Public Session at 6:50 P.M.

Board returned to Public Session at 7:00 P.M.

(DM) Motion to seal Non-Public Session Minutes of May 17, 2011.
(PR) Second. Carried 5-0.

(PR) Motion to approve hiring Anne Taylor as Animal Control Officer
effective immediately. (GL) Second. (See Attached.)

(PR) Motion to amend previous motion to include “at same rate of pay.”
(GL) Amend Second to include this. Carried 5-0.

Board welcomed Anne’s return as Animal Control Officer. Ms. Taylor thanked Board noting she was happy to be in this position again.

5. Hawkers/Peddlers Permit Application – Linda Martin

(PS) This application has been filed by Linda Martin along with a copy of the State of New Hampshire Hawker & Peddler State License. (EV) I would suggest tabling this for now. We will need to check Town Ordinances. (PS) I counseled her to secure this State permit. (FH) There are private venders at Old Home Day and during the Balloon Rally.

(DM) Motion to table request for Hawkers/Peddler Permit Application – Linda Martin until further information can be acquired. (GL) Second. Carried 5-0.

6. Letter dated May 8, 2011 from Jesse Pacheco

(PS) This is also addressed under Old Business. (EV) We briefly discussed this and it was tabled. I would suggest that Board make a policy that any building lost in a fire should allow for a reduction in the Building Permits as determined.
(PR) Insurance coverage does not address this? (FH) No. (EV) In the future, it should be Board’s policy to reduce it. (PS) How distinguish what has been destroyed by fire and would it cover any type of rebuilding?

(FH) Motion to approve waiving 50% of Building Permit for residential buildings including electrical and plumbing permits for structures destroyed by fire.
(DM) Second. After Discussion: Carried 5-0.

Discussion: (PR) How would determination be made? Would it have to be 50% of building or more that has burned? Board noted this would be determined by insurance adjuster. (GL) This would be no problem; it would be 50% of the total loss. (FH) It will help individual trying to rebuild, and once the building is up it would then be taxable again. (DM) We are setting a precedent here.

7. Draft Agreement for Kiosk at Dunkin Donuts

(EV) This was just received tonight and will be tabled for now until Board can review. (See Attached.)

10. Draft Letter EDC – Park’n’Ride – Request for Revenue Expenditure
from the EDC Fund

(EV) The EDC has applied for a grant for $10,000. This matter is for your review and will be tabled for now. (See Attached.)

9. E-Mail from 2009 Re: Mud Run

(EV) This E-Mail was resurrected from 2009. (DM) read E-Mail into Minutes which was addressed to Building Inspector and Chief Wharem from Larry Konopka, who was on the Board of Selectmen at that time.

11. Award – Ruth Strickhart

(FH) On May 10th at the State House, the Joseph Barnes Awards were presented to individuals volunteering within their Towns. Ruth Strickhart (age 91) was presented with one of these awards as volunteer for the Food Pantry, Library and Historical Society. Congratulations, Ruth.

(DM) Ruth, on behalf of the Board, thank you for all you do for Pittsfield.

12. Shaw Road

(FH) There are a lot of residents up there who are having trouble with their driveways washing away. (See attached.) There is also a tree which sits partially in the road. We should have George look into that. It was noted that this is considered as a “scenic road” and permission is required to cut away any trees. (EV) This should all be forwarded to George and have him take a look at the situation. (PS) George and I had an opportunity to discuss this. He explained that apparently a “pipe” was removed by one of the property owners which is causing a lot of these problems. The problem is that it is on private property. George will discuss with property owner.

13. Highway Garage Building

(EV) The front door needs to be fixed and painted. (PR) There is not even a generator to open the garage doors in a power outage. We should find out what it costs to fix. (EV) For now, we can get an estimate on the chain opening for the door. The door is quite rotted and we could also get an estimate for a new door. (PS) We can get three quotes to do this work and also get an estimate for a new door. (PS) to discuss with George

8. Selectmen Confirmation – Additional Tax Deeds (3)

(PS) We now have three additional Deeds and after last meeting Board has acknowledged recanting the Brickner Deed.

(FH) Motion to approve accepting Deed for Dawnmark LLC, Tax Map R39,
Lot 18. (DM) Second. Carried 5-0.

(FH) Motion to approve accepting Deed for Douglas B. Mackie, Tax Map R11, Lot 15. (DM) Second. Carried 4-0. (DM) Abstain.

1. Delinquent Taxes – Town Attorney Guidance

(PS) This is a memo of guidance from Town Attorney. Board agreed that unoccupied properties would be put out to sealed bid. If property is occupied, then process as noted by Town Attorney will be followed. (See Attached.)

OLD BUSINESS

1. Bids for Town Hall Window Frame Rehabilitation

(FH) I am still working with prison for individuals who can do this type of work. Also, Paul, have you sent out thank you letters to those who assisted us with the flooring? (PS) No, but I will do that.

2. Request to Waive Portion of Building Permits – Jesse Pacheco

See No. 6 above.

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) Check No. 13684, I would like a breakdown of services by Town Attorney and where deducted from. (DM) noted that there is a breakdown on the invoice.

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

MINUTES

1. Public Session Minutes of May 3, 2011

(FH) Motion to approve Public Session Minutes of May 3, 2011. (GL) Second. Carried 5-0.

2. (DM) Motion to approve Non-Public Session Minutes of May 3, 2011. (GL) Second. Carried 5-0.

PUBLIC INPUT

Ted Mitchell: There is a potential lawsuit regarding the fireworks issue. The Town is not involved. The Town should have input as it affects Town finances. (PS) We would have to ask the Rotary for all their communications regarding this. (PS) to do.

Ted Mitchell: Engineers should be finding out the status of the foundation at
14 Depot Street as to whether it is viable or not. The Town should take action on this. (FH) We have been through this for the past five years. The Planning Board can pull the permit. (PS) The Planning Board should contact the owner noting that Board is prepared to withdraw permit unless owner gets an engineer to check the foundation perhaps with notation that if not filed by July 15th, then Planning Board will withdraw the permit. (DM) As long as engineers are certified.
(FH) The Planning Board should pull his permit. Ted Mitchell: As a Board, you can look into it and take action. (GL) Are you asking this Board to tell you to review the matter? Ted Mitchell: We would like the Town’s input. (GL) The Planning Board should review that. It is a danger and someone could get hurt. (EV) The Board has taken past action. I, as a Board member, will not tell the Planning Board what to do. If they think it is necessary, they can make the permit inactive unless it is proven by certified engineers that the foundation is still useable. Ted Mitchell: The time has lapsed and we have the authority to pull it. (FH) I do not want to spend any more money on this. It has already cost us $1,500-$1,600. (GL) The lack of action may cause problems.

Close Public Input.

NON-PUBLIC SESSION

None.

ADJOURNMENT

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

Meeting adjourned at 8:15 P.M.

Approved: June 7, 2011

_____________________________ _____________________
Edward Vien, Chairman Date

I hereby certify that these Minutes were recorded by me on May 17, 2011, transcribed and public posted on May 25, 2011.

__________________________________________
Delores A. Fritz, Recording Secretary

II Tapes

Attachment