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

MEETING MINUTES OF TUESDAY, OCTOBER 1, 2013

CALL TO ORDER

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

MEMBERS PRESENT

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

MEMBERS ABSENT

Eric Nilsson (EN), Vice-Chairman and Linda Small (LS).

PUBLIC INPUT

(LK) We have a 6:05 P.M. appointment which we will address first and then have Public Input.

APPOINTMENTS

1. 6:05 P.M.: George Bachelder, Highway Superintendent – Shaw Road

George Bachelder: I have a copy of the letter that was sent to the Board of Selectmen regarding condition of Shaw Road. He explained he was in the process of cleaning up the road, when it was decided via a Warrant Article that it was to be a scenic road at which point, he was prohibited from completing clean-up. At that time the estimate to have the road “cleaned up” was about $46,000 and now it is $72,000 which covered about 1,900 feet of the road. He related that he has applied to the State for a permit to fix the entrance area to the road which will cost about $12-14,000 to hire someone to do it. He noted that this will not keep the gravel from washing away. He noted it will take about a month to hear from the State on the permit

Town is running way behind on building projects and in 2014 Concord Hill Road, Jenness Pond Road and Webster Mills Road need to be completed, probably at an estimated cost of $236,000. Some roads have had the base reconstruction done and now we need to spend money to complete.

George Bachelder left meeting at 6:15 P.M.

PUBLIC INPUT

Fred Hast: He related he is glad that Board now has deadline dates on Old Business. He explained that the twelve deeded property taxes total $289,055.46. He related that at this rate the property owners can never “catch-up” on their taxes. (LK) We are working on it, Fred.

Fred Hast: The bill he received for copies, he will pay this week. Also the minimum bid for 36 Loudon Road should have been done in Public rather than Non-Public. It is not a Non-Public issue. (LK) Board decided it needed to be done in Non-Public and revealed the minimum bid in public after coming out of Non-Public.

Close Public Input

AGENDA REVIEW

(PS) Added Items: 6:45 P.M. Appointment – Carole Dodge – ZBA, E-Mail Chain Re: Welfare Guidelines/APTD – Cash Clients, CBDG Request by Rustic Crust for Extension to Execute CDBG Grant, E-Mail from Owner Re: 3032 Main Street Project, Police Chief Wharem Re: Acceptance of Two Individual Grants for Radios, 36 Loudon Road.

NEW BUSINESS
ACTION ITEMS

1. Board of Selectmen to Consider Action on Tax Deeded Properties

(PS) This is an item that will be maintained on the Agenda. The Chair and I have discussed trailers in trailer parks. I have provided him with a list of those properties to aid in making a judgment of what I believe to be the value of these properties. We are working on this. The Board members still need to make arrangements to meet one-on-one with Town Clerk regarding those properties. (LK) and (GL) made arrangements to meet with Town Clerk in near future.
6. Auction – 36 Loudon Road

(PS) In your packet of information, there is a public notice regarding 36 Loudon Road. I have reviewed it and find it to be clear and correct. A member of the Board should be present at the auction on that Saturday. (GL) volunteered to be present. (PS) to contact other Board members should they also like to be there.

2. Board of Selectmen to Review 2014 Proposed Town Budget

(PS) Since we have two members absent tonight, we could postpone this until next meeting. I have sent you all an E-Mail regarding the property/liability line item and the suggestion that we consolidate them. Town needs to break it down per department per auditors. We can start reviewing budgets on October 8th and have the Department Heads in on October 15th and October 22nd. The Fire Department, Police Department, Highway Department and Library will be your major ones.

3. Bill for Copy Charges

See Public Input – Fred Hast above. (GL) How will this be handled in the future? (PS) Individual will pay for copies upon receipt.

Point of Information: Fred Hast explained that Town Clerk was not there when he picked up copies and no bill was available. Payment will be on Thursday.

4. E-Mail Re: Condition of Shaw Road Entrance

See Appointment – George Bachelder above.

5. Recommendation from Avitar Re: BTLA Settlement

(PS) There is a Settlement Agreement as proposed by Avitar regarding
128 So. Main Street, LLC, Tax Map R22, Lot 20.

(GL) Motion to approve abatement for Tax Map R22, Lot 20
2011 – revised assessment $2,350,00 value difference to abate on $273,056 and
2011 – revised assessment $2,300,000 value difference to abate on $323,056 as recommended by Assessors and authorize Board to sign document.
(AD) Second. Carried 3-0.

APPOINTMENT – Continued

6:45 P.M.: Carole Dodge – ZBA

Carole Dodge, Chair, Zoning Board: There are several issues I would like to address and I wanted to make this Board aware of some of the issues that are occurring in Zoning.

There are several questions which have arisen regarding Zoning hearing certain types of appeals. Questions were posed to LGC and they have noted that Zoning should hear appeals by default. The attorney commented that he “had looked into the merits of the case” and Zoning should really not hear (read) these comments and should address only in open forum so as not to taint the Board. A member of the ZBA contacted Planning Commission and got the same answers. ZBA members should not be talking about these cases only at meetings. The attorney noted his opinion as to the merits of the case. Any member of ZBA can do the research they want to and then share it at a Zoning meeting.

(LK) My recommendation would be for Board to meet with counsel and I would support this action of meeting with counsel. Carole Dodge agreed with this and (PS) to schedule.

Carole Dodge: Not all our questions were answered by LGC and we are stuck on the proper filing procedures. She explained to Board the history of how appeal came to Zoning. (PS) Perhaps, CNHRPC can help you with these procedures and offer some advice. Carole Dodge: I feel procedures were not followed and I cannot locate any request by applicant that indicates date stamped by Town for processing.

(LK) We can try to set up an appointment with counsel on October 10, 2013 at 5:30 P.M. with members and alternate which would be prior to the scheduled hearing.

Romeo Dubreuil: Did you receive my resignation? (PS) I have received it but have not yet distributed it to the Board.

Romeo Dubreuil: I submitted my resignation because it seems there is a flagrant disregard of the law. The RSA’s speak to it that no entity can override State RSA’s. (LK) We will try to appoint another Board member.

Carole Dodge: She related that she had met with Board back in May about another issue and requested that they proceed with that. A meeting was supposed to be set up with the parties involved and to date that has not transpired. These meetings did not occur because of the work schedules of the individuals. (PS) noted that he would try to schedule this meeting on October 14th and preferable before noon to comply with Ms. Dodge’s schedule.

The third issue concerned verbal threats and she was given information on how to proceed with those kinds of issues.

Carole Dodge left meeting at 7:20 P.M.

Break: 7:21 P.M. Resume: 7:26 P.M.

ACTION ITEMS – Continued

7. E-Mail Chain Re: Welfare Guidelines/APTD-Cash Clients

Bonnie Theriault, Interim Welfare Director: Ms. Theriault wanted to consult with Board as to how to handle the request for general assistance from clients receiving Aid to Permanently and Totally Disabled Cash Assistance (APTD-Cash). She noted that she had contacted LGC and was advised that if the individual receives the APTD-Cash benefit, they are not able to qualify for general assistance through the municipality. This is according to the Welfare Guidelines. Board agreed that the Guidelines should be followed and individuals not qualify for the general assistance through the Town. Ms. Theriault noted that these individuals will all be given a Notice of Decision concerning this matter.

Bonnie Theriault left meeting at 7:50 P.M.

8. CBDG/Request by Rustic Crust for Extension to Execute CDBG Grant

(PS) We have received correspondence from Rustic Crust requesting an extension to access the remaining CDBG loan funds and to create the jobs. They are requesting a year extension so they can meet their business expansion goals that will result in their meeting their job creation goals.

(LK) Motion to approve extension request by Rustic Crust to execute CDBG Grant for one year. (AD) Second. Carried 3-0.

Document signed by (LK).

9. E-Mail from Owner Re: 30-32 Main Street Project

(PS) RRP has an upcoming exterior painting project on 30-32 Main Street and is requesting “use of some of the sidewalk space” (approximately half) when scraping for one day.

(LK) suggested contacting Building Inspector and LGC to determine any legal process and safety to public issues. (PS) to do.

10. Police Chief Wharem Re: Acceptance of Two Individual
Grants for Radios

(PS) One of the grant radios would be for the Emergency Management Director and one for the Police Department.

(AD) Motion to accept grant of XTS 2500 Radio from Department of Safety for Emergency Management Director and authorize Chair to sign. (GL) Second. Carried 3-0.

(AD) Motion to accept grant of an APX7000 single band radio, Department of Safety for Police Department and authorize Chair to sign document. (GL) Second. Carried 3-0.

11. Romeo Dubreuil Resignation – ZB A

(GL) Motion to approve resignation of Romeo Dubreuil from Zoning Board. (AD) Second. Carried 3-0.

(PS) to send letter of Thank You for services.

12. Zoning Board Member

(LK) This is not a full Board. A Board of Selectmen can serve on the Zoning Board.

Break: 8:05 P.M . Resume: 8:08 P.M.

(LK) related that he would serve on the Zoning Board as a full member temporarily until a new member can be found.

(GL) Motion to approve appointment of Larry Konopka to Zoning Board of Adjustment as a full member. (AD) Second. Carried 3-0.
(LK) noted he would be able to do this probably until the end of the year. (PS) to attend the Zoning Board hearing on October 10th.

INFORMATION ITEMS

None.

OLD BUSINESS

1. Policy for Recruitment/Employment Revised: Action 10/15/13
2. Policy for Employee Total Compensation: Action 10/22/13
3. Draft Ordinance Re: Bicycles and Skateboards: Action 10/8/13

APPLICATIONS and WARRANTS

1. Application for Veterans Tax Credit, Tax Map R18, Lot 13-4

(PS) This individual does not qualify because of service dates defined by State Statutes.

(GL) Motion to not approve Veterans Tax Credit, Tax Map R18, Lot 13-4.
(AD) Second. Carried 3-0.

2. Timber Tax Levy Tax Map R37, Lot 9

(GL) Motion to approve Timber Tax Levy Tax Map R37, Lot 9 for $2,003.40. (AD) Second. Carried 3-0.

CHECKS and MANIFESTS

(GL) Motion to approve Payroll and Direct Deposit. (AD) Second. Carried 3-0.

(GL) Motion to approve Accounts Payable and Checks Register. (AD) Second. Carried 3-0.

MINUTES

1. Public Session Minutes of July 16, 2013

(AD) Motion to approve Public Session Minutes of July 16, 2013. (GL) Second. Carried 3-0.

2. Non-Public Session Minutes of July 16, 2013

None.

3. Public Session Minutes of September 24, 2013

(AD) Motion to approve Public Session Minutes of September 24, 2013 with additions. (GL) Second. Carried 3-0.

Additions:

Page 7, First Line should read: ……Public Session at 8:05 P.M.

Page 7, Second Line should read: Motion made by Eric Nilsson and Seconded by Linda Small……. Carried 5-0.

Page 7 Under Adjournment should read: (LS) Motion to adjourn meeting. (EN) Second. Carried 5-0.

Meeting adjourned at 8:10 P.M.

4. Non-Public Session Minutes of September 24, 2013.

(GL) Motion to approve Non-Public Session Minutes of September 24, 2013 with addition as noted by Chair. (AD) Second. Carried 3-0.

PUBLIC INPUT

None.

NON-PUBLIC SESSION

None.

ADJOURNMENT

(GL) Motion to adjourn. (AD) Second. Carried 3-0.

Meeting adjourned at 8:22 P.M.

Approved: October 8, 2013

____________________________ _____________________
Lawrence Konopka, Chairman Date

I hereby certify that these Minutes were recorded by me on October 1, 2013, transcribed and publicly posted on October 3, 2013.

___________________________________________
Delores A. Fritz, Recording Secretary

No Attachments
Olympus Sonority: 213.41