May 8, 2012 Minutes

TOWN OF PIT TOWN OF PITTSFIELD
BOARD OF SELECTMEN
TOWN HALL, 85 MAIN STREET
PITTSFIELD, NH 03263
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MEETING MINUTES OF TUESDAY, MAY 8, 2012

CALL TO ORDER

Call to order at 6:00 P.M. by Larry Konopka, Chairman

MEMBERS PRESENT

Larry Konopka (LK), Chairman, Linda Small (LS), Vice-Chairman,
Paul Rogers (PR), Gerard LeDuc (GL), Eric Nilsson (EN), Paul Skowron (PS), Town Administrator, and Delores Fritz, Recording Secretary.

MEMBERS ABSENT

None.

PUBLIC INPUT

Louis Houle: The Committee for Old Home Day about a month go determined that a lesser amount of $300 would be required for that event. We have now determined that we would like to reduce that by another $300. Board thanked Committee noting that “every little bit helps.”

Maurice Wells: I have some corrections to the May 1st meeting Minutes. He related that on Page 10, Line 1 he was talking about magnesium chloride. Page 10, Line 3: …prices of the bags at the Salt Shed; Page 10, Paragraph 3, Line 1 should have been ….canning factory…, and also Line 4 should read: toward the canning factory…

(PR) noted that the magnesium chloride bags were a new shipment. Maurice Wells related that it had been there all winter. (PR) related that he had checked on this but would check again just to make sure.

APPOINTMENTS

6:02 P.M.: John Topouzoglou

Mr. Topouzoglou did not appear for this requested appointment.

AGENDA REVIEW

(PR) Two Non-Public matters – Employee, Trees – Main/Elm Streets, Parking –Town Hall Parking Lot, Information Items: Police Chief Covering Extra Hours; (PS) Re-Adoption of Indemnification Statute, Zoning Board Appointments – (2) Full Members, Appointment to the Suncook Valley Regional Town Association, WWTF Spraying Options, Outstanding BTLA Matters Re: Sttifield, Dudek and New Holdings, Proposal for Interim Fire Chief and E-Mail from Erica Anthony Re: Mullins Tax Matter; (LK) Highway Department Tires, LGC Workshop on May 29th, BOS Meeting May 29th, Fire and Police coverage for Balloon Rally.

NEW BUSINESS
ACTION ITEMS

1. Police Chief Wharam/Department Schedule Recommendation

(PS) Police Chief has explained that this discussion regarding weekend coverage is premature and therefore, will not be present tonight.

2. Re-Adoption of Indemnification Statute

(PS) It was brought to my attention that the Indemnification Statute has been revised several times since the Board adopted it in 1997. Board needs to re-adopt it as it currently exists. (See attached.)

(LS) Motion to adopt the Indemnification Statute. (GL) Second. Carried 5-0.

(LK) I talked to LGC about this and this will update it.

3. Zoning Board Appointments, Two Full Members

(LK) There are two opening on the Zoning Board.

(LK) Motion to appoint John “Pat” Heffernan to Zoning Board as member.
(LS) Second. After Discussion: Carried 4-1 (GL).

Discussion: (GL) I have a problem with this as he is also Vice Chairman of the Planning Board and Housing Standards Agency. I think he may be taking on too much and burn himself out. (LK) Duly noted. (GL) My concern is that as Vice Chairman of two committees it takes up a lot of his time.

(LS) Motion to appoint Paul Sherwood to Zoning Board as member.
(EN) Second. Carried 5-0.

(GL) That fills the Board.

4. Appointment to the Suncook Valley Regional Town Association

(LK) This committee addresses regional services. (GL) volunteered and noted he would be interested in being on this committee.

(LS) Motion to appoint Gerard LeDuc to the Suncook Valley Regional Town Association. (LK) Second. Carried 5-0.

5. WWTF Spraying Options

(PS) As you will note there is a document provided by Ron Vien explaining the need to spray the lagoons with a weed sprayer four times a year. He has provided three quotes and has also offered to provide use of his tractor at a cost of $200. (See attached.)

(PR) I recommend that we accept the use of his tractor at a cost of $200 as he has done it in the past, but now cannot afford to do so.

(PR) Motion to approve Ron Vien use of personal tractor at a cost of $400 to spray the lagoons. (LS) Second. Carried 4-0.

(PR) Ron, we thank you for this.

6. Outstanding BTLA Matters Sttifield, Dudek, and New Holdings

(PS) It has been brought to my attention by Cara that the application for the Dudek holdings have not been acted upon though approved by BTLA. It would be appropriate for this Board to take action at this time. There is a spreadsheet attached which outlines the preliminary agreement with the taxpayer. Board reviewed spreadsheet and after discussion agreed:

(LS) Motion to accept recommendation of Cross Country Appraisal Group of properties Sttipfield, LLC, Dudek Realty, LLC and New Holdings, LLC.
(PR) Second. Carried 5-0.

(LS) This will be the last of the abatements for this year? (PS) Yes.

7. Proposal for Interim Fire Chief

(PS) One alternative the Board would have would be to retain interim fire chief through contract services (MRI). They are offering the services of Robert Wood, retired Fire Chief of Durham. The proposal is before you for discussion. If you would like to pursue this alternative or review, this can be done tonight or tabled for another week. (LS) I would like to take a closer look at this. Let’s table this until next week.

8. Highway Department Tires

(PS) George called and has had an opportunity to take to the Chair. There are some tires at the Highway Garage that have been there for a number of years. Mr. Wayne Kimball would like to buy these tires at $50 per tire. George has no use for these tires as they do not fit his current equipment and were for the old grader which we no longer have. George did not want to make a unilateral decision and would like the approval of the Board to sell these tires. (LK) Wayne is offering $50 per tire. (LS) I see no problem with this.

(LK) Motion to authorize George Bachelder to sell unused tires to Wayne Kimball at $50 per tire. (PR) Second. Carried 5-0.

9. Town Hall Parking Area

(PR) I have talked to the Chief regarding the short term parking in the Town Hall parking area and have asked him to make note of this to either ticket or tow. He has started ticketing these individuals. I have also talked to the Chief about the use of a camera on the building, which is available and could be installed by one of his staff. Would Board entertain doing this? (LK) What does the Chief think? (PR) He thinks one of his staff can hook it up. (LK) It is OK as long as there is no cost.

10. LGC Workshop

(LK) distributed brochure for 2012 Local Official Workshops should anyone like to attend.
11. Board of Selectmen Meeting May 29th

(LK) There will be no Board of Selectmen meeting on May 29th. (PR) I would like to see the Board returning to the first and third Tuesday schedule for meetings.

12. Balloon Rally – Fire Department and Police Department

(LK) I would like to see a proposed cost for the Fire Department and Police Department coverage for the Balloon Rally. (PS) It is about $2,900 and will get you the spreadsheet for last year and the costs should be almost the same. (EN) It might fluctuate because of the proposed fireworks.

APPOINTMENTS – Continued

6:30 P.M.: Board of Selectmen will Recess for the Purpose of
Entering into an Attorney/Client Meeting

(PR) Motion to recess for attorney/client meeting. (GL) Second. Carried 5-0.

Board recessed at 6:30 P.M. Board resumed Public Session meeting at 7:10 P.M.

NEW BUSINESS – ACTION ITEMS – Continued

13. Trees – Main/Elm – Bordering K-2 Market

(PR) The tree is ripping up the grids. This makes for difficult snow removal by Highway Department and I would like to follow-up with George for their removal.

(PR) Motion to make arrangements with George Bachelder to remove the trees near the K-2 Market on Main/Elm Streets. (LS) Second.
After Discussion: (PR) Motion Withdrawn to allow getting something in writing from George; (LS) Second. Withdrawn.

Discussion: (EN) Are we going to replace them? (PR) With the trees out, it might open that area up to the light. The other one is going into the power lines. (EN) I wouldn’t like to see the trees removed and then the area be bare. We could just get some input on this before we decide. (LK) The trees have to come down and then we could see what we could do after that. (GL) It would depend on what kind of tree it is. (PR) I will just talk with George about the trees and then the next step would be as Eric indicated. There is more than one tree in front of the K-2 Market. (EN) I am not going to make a decision on this yet. First I would like to make sure about their removal. (GL) I would suggest inviting the Beautification Committee to discuss removing the trees. (LK) The one in front of the K-2 Market has to come down. We should get something in writing from George on this.

14. Chief Wharem

(PR) The Chief should be acknowledged for jumping up to the plate and covering the extra hours at the Police Department. He has actually been doing this for about the last three weeks. Thank you Chief Wharem for “stepping up.”

INFORMATION ITEMS

None.

OLD BUSINESS

1. Tax Deeded Property/Revised Bid Proposals

(PS) These are pending .

2. Delinquent Taxes/Tax Map R34, Lot 30-T11

(PR) You have in your packet of information an E-Mail from Erica Anthony. After last week’s meeting I talked to Erica noting that the Board had tabled this matter. As you can see from the E-Mail she has addressed this in depth with the President of the NH Tax Collectors’ Association, Cheryl Ann Bolouk. It is her understanding that towns do not require NEW mobile home owners be responsible for back taxes for the mobile home that was on the site previously.

(PR) The mobile home that was on the lot previously was moved to 89 Leavitt Road and the taxes should be transferred to her. (LS) So the owner of the land is responsible. Do we have any policies in place to cover this? We could table this for now. (PS) Based on what Erica says, I recommend that we not fine the NEW owner for the taxes. (LS) Let’s table this whole thing. (PR) We need to release this person (Mullen) from responsibility of assuming back taxes. (LS) We can release this person but not abate the taxes. Paul, what do you recommend we do? (PS) We should not assess back taxes to the NEW mobile home owner. A policy for future use will be accomplished.

(PR) Motion to release Gary and Wanda Mullen from delinquent taxes of previous owner on Tax Map R34, Lot 30-11. (LS) Second. Carried 5-0.

(PR) Paul could you send a letter out to these people? (PS) Yes.

APPLICATIONS and WARRANTS

1. Intent to Cut Tax Map R5, Lot 1-1

(PS) This was received on April 30, 2012 for Tax Map R-5, Lot 1-1. (LK) I have been informed that this has already been cut. (PS) This would then be a matter to be addressed by turning over to the Forrester. (LK) The cutting started before the approval. (PS) It is not the correct procedure, but has happened previously.

(LS) Motion to approve Intent to Cut Tax Map R5, Lot 1-1. (PR) Second. Carried 5-0.

CHECKS and MANIFESTS

1. Accounts Payable

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

2. Payroll

(LS) Motion to approve Payroll and Direct Deposit. (EN) Second. Carried 5-0.

MINUTES

1. Public Session Minutes of May 1, 2012

(LS) Motion to approve Public Session Minutes of May 1, 2012 with corrections. (GL) Second. Carried 5-0.

Corrections:

Corrections as noted by Maurice Wells in Public Input at start of meeting.

(LS): Page 2, Paragraph 2 add last line: (PR) Sometimes we hear what we want to hear, but it was never stated that there was a plan.

(LS) Page 4, Paragraph 4, Line 8 should read: (LS) I have looked at the encumbrances from prior years and we have enough to do this project without significantly affecting the 2012 highway budget.

(LS) Page 5, Paragraph 4, Line 2 should read: .. is posted at the Town Hall for review.
Page 5, Paragraph 4, Line 5 should read: ….now merged with a larger firm.

2. Non-Public Session Minutes of April 10, 2012 and May 1, 2012

(GL) Motion to approve Non-Public Session Minutes of April 10, 2012.
(LS) Second. Carried 5-0.

(GL) Motion to approve Non-Public Session Minutes of May 1, 2012.
(LS) Second. Carried 5-0.

OTHER

1. WiFi letter is signed by Larry Konopka, Chairman.

2. Board picture will be requested to be accomplished by Bob Legg on either May 15th or May 22nd.

PUBLIC INPUT

Carole Dodge: I have some information on the Intent to Cut. The person logging has been in the business a long time and has been clear cutting. This will affect my property. (LK) requested that (PS) have someone take a look at this.

Maurice Wells: The grates on Main Street had to be cut once before. George did not do this. I did it. It was part of a beautification grant. Chopping down the trees is not the answer; we should cut the grates.

Apparently, Chief Wharem is not here tonight. I thought we were going to meet on this complaint. You (Larry Konopka) signed the release. (LK) requested if information is going to be offered that it be offer prior to the meeting so the Board has a chance to review it. It is hard to follow this if we have nothing to review, or you can give the information to the Town Administrator to be discussed at the next meetings. Maurice Wells: I do not want to do that. Could the meeting with the Board and the Chief be in Non-Public? (PS) The Board would have to decide if it would be held in non-public or not according to the Statutes. (LK) This would not be on the Agenda until we look at the information. Maurice Wells: It should be part of the Budget. The magnesium chloride – I do not understand why it is bagged. (PS) It is this year’s supply. Maurice Wells: I beg to differ. The snow removal in 2011 was $17,752.50. The average on snow removal is $8-9 T. Why was it $17,752.50? (PS) As I recollect, we were required to hire an outside contractor because of the delay in the delivery of the new truck. If you like, I will get these details to you and the Board. Maurice Wells: That should not be under snow removal, it should be under contracts. The winter sand – there are quite a few piles. Have you seen the sand and gravel piles? (LK) Not lately. Maurice Wells: There are two seasons of winter sand. How much do we need? You could drop your budget and save $20,000 if you just did not buy winter sand this year.

Maurice Wells: The Town Administrator transfers fund from the Sewer to the General Fund and back again. This bugs me. The RSA 149:I-10 says the Sewer Fund should be separate. I have been looking at the RSA’s for 12-14 years since 1987. You guys do not get it yet. (LS) Maurice, the auditors come and do a full audit and if they are okay with what we are doing, then it is correct. You can sit down with them and talk to them about as Town Administrator has recommended.

Maurice Wells: I have a detailed list of the hook-up fees. It does not show a
hook-up fee for Vintage Hill. (LS) That was paid by me, I remember because it was very expensive. I do not know where it is and what statement you have. (PS) We will find it. Maurice Wells: I have been in Town for 73 years. (LS) I do not appreciate your saying I did not pay for it. Maurice Wells: The list says you did not pay for it. (PS) will check on this.

Lenny Deane: As you know, I am the Deputy Fire Chief. I have some concerns when the Chief leaves on May 18th. My first concern is that Jen Tedcastle goes on leave on May 17th. I talked to Chief Johnson about who will handle billing when she is out. Jen Tedcastle and I signed the contract pertaining to Medicaid and Medicare and if these are not fulfilled, my assets can be taken. There are stringent HIPPA laws and I am worried that something be in place between now and the 17th. May 18th Jen goes on vacation.

(PS) read into the Minutes the responsibilities that Chief Johnson is suggesting be assigned to another individual. Lenny Deane: I was at a meeting last night with these people and have not been told any of that. Why I am here is because I am concerned about it due to my name on these contracts. As Deputy Chief when the Chief steps away, I have a lot of questions. Things keep changing and I do not want to step on anyone’s toes. It is important that we have coverage.

(PS) As you may know, Deputy Chief Deane served in this capacity previously. If Board asked you to serve as Acting Fire Chief, what responsibilities would you be assuming and delegating? Lenny Deane: I have to leave as I have a meeting in Concord shortly and I cannot make the Board meeting on May 15th. Let me check out some things and I will get back to the Board. (PS) If it is easier to put it in writing, please do that. Mr. Deane related he would have to check his schedule and would get back to the Board.

Close Public Input (7:45 P.M.)

NON-PUBLIC SESSION

(EN) Motion to go into Non-Public Session per RSA 91-A:3 II (a). (PR) Second. Carried 5-0. Individual members of the Board were polled and all agrees.

Break 7:45 P.M. Resume in Non-Public Session at 7:52 P.M.

Board returned to Public Session at 8:17 P.M.

(PR) Motion to seal Non-Public Session of May 8, 2012. (GL) Second.
Carried 5-0.

ADJOURNMENT

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

Meeting was adjourned at 8:23 P.M.

Approved: May 15, 2012

_________________________ _______________________
Lawrence Konopka, Chairman Date

I hereby certify that these Minutes were recorded by me on May 8, 2012, transcribed and publicly posted on May 10, 2012.

______________________________________
Delores A. Fritz, Recording Secretary I Tape/Attachments