April 1, 2014 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, APRIL 1, 2014

CALL TO ORDER

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

MEMBERS PRESENT

Larry Konopka (LK), Chairman, Eric Nilsson (EN), Vice-Chairman,
Gerard LeDuc (GL), Albert Douglas (AD), Cara Marston (CM), Administrative Assistant, and Delores Fritz, Recording Secretary.

MEMBERS ABSENT:

Linda Small (LS) was absent from Board but seated in the audience per her request.

APPOINTMENTS

1. 6:00 P.M.: Executive Councilor Chris Pappas

Chris Pappas: He related that he was Executive Councilor for District IV and has been trying to interface with the various Board of Selectmen from the 12-19 towns he represents. He offered the Board an update on the functions and available resources to the Town. Managing the bureaucracy of State government is the main objective. As Executive Councilor, transportation plans and safety funds are also part of my responsibilities.

(GL) requested information as to when Routes 107 and 28 would be repaired and Mr. Pappas noted he would check and get back to Board.

Ruairi O’Mahoney, CNHRPC related that the CNHRPC could also help with DOT issues.

Mr. Pappas left meeting at 6:10 P.M.

2. 6:10 P.M.: Ruairi O’Mahony/Safe Routes to School/New Engineering Firm Contract

Ruairi O’Mahony: About a month ago, we were here to discuss school infrastructure project. I am here tonight to relate the scope of the work, costs and to assure you that everything is now in place and we are moving forward. The project contract has been pre-approved by DOT with KV Partners. As soon as the document is executed by DOT, I will contact Board. If you have any issues, please give us a call.

Also, the State is looking at some proposed means for obtaining revenue for the roads.

Ruairi O’Mahony left meeting at 6:15 P.M.

3. 6:20 P.M.: Allison Blais Re: Delinquent Taxes

Allison Blais (daughter of Sharon Blais) appeared with Sharon Blais: She related that she was representing her mother to discuss a payment plan for the previous owed taxes on her mother’s property. She explained to the Board the history and reasons why the payment of taxes were not up to date. She appealed to the Board to accept a lesser amount for monthly payments which could be arranged by her mother.

(LK) We will address this proposal with Town Clerk/Tax Collector and see what we can do to assist you in this endeavor.

Allison and Sharon Blais left meeting at 6:24 P.M.

4. 6:30 P.M.: Paul Sherwood/Exit Interview

Paul Sherwood was present.

(EN) Board was sorry to hear that you resigned from Zoning Board.

Paul Sherwood: There were a couple of reasons I chose to resign. One was because of the results of the Board approving appointed to elected members and the way the meeting went getting on the Warrant. I think it was a bit “underhanded.” It was only the wish of a couple of members and though I was not able to be there that night, they knew that I was against it. There were also personality conflicts involved and other incidents which I did not think were according to “Hoyle.” Some of it is my fault and it was an uphill battle that I was not willing to fight. If you have any other questions, I will be happy to address them.

(GL) Was there ever a vote taken for this? Paul Sherwood: The first time it was addressed it was a 2-2 vote and the second meeting there were two sitting members and an alternate and it passed. I think it was very inappropriate. I will not be stepping away from volunteering for other things in Town.

(AD) I was the Alternate at that meeting and I abstained from that vote.

Paul Sherwood left meeting at 6:29 P.M.

(LK) Thank you, Paul.

PUBLIC INPUT

Chris Ward: I am requesting to be on the Agenda for a five minutes Non-Public meeting. I have a prepared statement and will be brief. (LK) Non-Public in reference to an employee? Chris Ward: Yes, to the Building Department.
(LK) requested that Mr. Ward put something in writing to the Board to determine if it would be applicable to be in non-public session. Mr. Ward agreed.

Linda Small: I am speaking to the first item on the Agenda tonight (Discussion of Personal Memo) as a member of the public with regard to me concerning an
E-Mail sent by Town Administrator to Board Members. There was an incident which took place at Town Meeting which was of a personal nature. I forwarded this E-Mail to her (Marilyn Roberts) which did not say “Confidential or Personal” and maintain it should not have been non-public. We should not be using tax dollars in regard to a public letter. I think it is wrong and an abuse of our rights. The Government is starting to take over our lives. This should not have been in Non-Public and Town Counsel should not have been consulted about a private citizen. I want the public to be aware of what is going on.

Paul Nickerson: The pins in the front door of the Library are coming out and need to be oiled and fixed. Also at the back of the Library there is a branch on the roof causing the water to run off the roof and plugging the drains. The Library also needs a new fire alarm system. (EN) That will be done. Mr. Nickerson: When was the last time the building was inspected? Jesse Pacheco, Building Inspector: That is done by the Fire Department and I believe, should be done once a year. Perhaps with the change of personnel that was overlooked.

Marilyn Roberts: I am also speaking to the first item on the Agenda tonight. I would like to know if I can see the Non-Public Minutes if they are in regard to me? (LK) related that Board would check into that. I thought that Linda would be seated on the Board tonight and we tabled approval of those Minutes to tonight. Ms. Roberts: Also in the Non-Public II Minutes, was I discussed? (LK) I am unsure at this point.

AGENDA REVIEW

Added Items: Part-Time Police Officer Appointments, Request from Wendy Chen (40 Main Street) to Waive Permit Fees, Cheticamp/Kentek Tax Relief 79-E Covenant Agreement, Thank you Letter from Wendy Chen (40 Main Street.)

NEW BUSINESS
ACTION ITEMS

1. Discussion of Release of Personal Memo

(LK) I thought that Selectman Small would be sitting on the Board tonight. We can table this or move forward. Linda Small: When you discuss this, I will not be sitting on the Board. (LK) Discussion is not open to the public at this time. Board agreed to address the other items on the Agenda first and then Item No. 1.

2. Execution of Amendment to CBDG Grant (Rustic Crust)

(CM) Part of this is the Town Clerk’s attesting to certain events which did not occur and therefore it is not appropriate for her to sign document.

(EN) Motion to table this matter. (GL) Second. Carried 4-0.

3. Discussion of Mark Hodgdon Letter Re: Public Works Lane Parking

(LK) We have a letter from Atty. Hodgdon concerning the requirements posed by the Board to allow parking on Public Works Lane. (EN) I have checked with LGC and this area is Town property and what we are asking for is what we would require to allow parking in that area. If this Board wants proof of insurance for all employees, then that is what is required or the business owner liability insurance. Whatever Town requires is what has to be accomplished. (AD) Your letter indicates that you have an issue with this.

Atty. Hodgdon: The issue concerns requiring individual employees to provide insurance coverage and Paragraph 4 of the Waiver which requires the signers
“…to defend and indemnify the Town for any claims made by any other party related to any incident that occurs on the property.” This would apply to any damages that would occur on the entire property at any time. I am saying that it is unnecessary, burdensome and scary. Why would you ask someone to sign something like that? That is a troubling provision. We are asking the Board to look at things and determine reasonable requirements.

(LK) suggested that Atty. Hodgdon submit a proposal and we will forward to LGC and our insurance carrier. You have to get approval from the ZBA which I encouraged you to do back on December 13th. If you submit a proposal I will forward it to LGC.

Mrs. Cortese: I would have thought that the ZBA would want parking sorted out prior to their approval. Atty. Hodgdon: The original intent was if the Town was interested in leasing the land. We are trying to get a sense if the Board wants to do this.

(EN) This Board has been working with the Corteses’ to make sure everything is in a row and then we can go on to the next step. Atty. Hodgdon: We applaud the Town’s efforts. Mr. Cortese: I would have hoped we would address Lease Proposal tonight. (LK) We will not be addressing the Lease tonight.
Atty. Hodgdon: I want you to understand that I do not represent the Town, but you want me to send a proposal rephrasing the indemnity clause tailored to the use of part of the parking area. (LK) Once we receive that we will send your proposal and our Waiver to LGC for review. We were trying to keep it simple for 90 days to allow you to file with ZBA.

Mr. Cortese: In running a business with the red tape involved, it is not always crystal clear. We are grateful for what you have done. We really appreciate it though it was my hope that Board would address the Lease Agreement. (LK) As you know there is no street access to the property.

Joseph & Polly Cortese and Atty. Hodgdon left meeting at 7:00 P.M.

4. Recommendation from HSA Re: Fee Schedule

Bill Elkins: We are asking the Board to hold a Public Hearing to increase the inspection fees to $45, re-inspection $20 and $15 for no shows. We have also included the expenses it would cover.

(GL) I have no problem with the increase but last time we had no numbers to support the increase. (LK) We can set the date for the Public Hearing. Board agreed on May 6, 2014 at 6:00 P.M. Cara will post in The Sun.

(EN) Motion to approve May 6, 2014 at 6:00 P.M. for Public Hearing to address HSA inspection fees. (AD) Second. Carried 4-0.

HSA OFFICE: (LK) Bill what about the plans for the office? Bill Elkins: There was a question about it, but we are working on it. (LK) Would you check into it and get back to the Board? Bill Elkins: Yes.

5. Acknowledgement of Insurance Process from 136 Rocky Point Road Structure Fire

(CM) We have received the $45,000 to put property back to its original shape or to get rid of it and clean up the area in accordance with DES.

(EN) Motion to approve clean-up of 136 Rocky Point Road.
(GL) Second. Carried 4-0.

6. Action on Reach the Beach Rally

(EN) Motion to approve the Reach the Beach Parade Permit as proposed with insurance coverage September 12 and 13, 2014. (AD) Second. Carried 4-0.

7. & 8. Request of Paul Rogers & Wendy Chen to Waive a Portion of the Sewer Bill and
9. & 13. Request of Paul Rogers & Wendy Chen to Waive Certain Permits

Board reviewed the proposed waivers of sewer bill and permits but decided that additional information would be required. Board ultimately decided to table this matter to acquire additional written information.

(GL) Motion to table these matters till April 8th to acquire written information from Ron Vien and Jesse Pacheco as well as receipts from Paul Rogers & Wendy Chen. (EN) Second. Carried 4-0.

(EN) Motion to request Paul Rogers and Wendy Chen supply invoices from Pennichuck, Gosse and B&S Septic to better evaluate the portions to be waived. (AD) Second. Carried 3-1 (LK).

10. Proposal for Highway Department Computer (AD) & (EN)

(AD) I am recommending a ChromeBook which can accommodate E-Mails and offer Internet connections at a cost of about $299.

(AD) Motion to purchase a ChromeBook for Highway Department and authorize Metrocast hook-up. (EN) Second. Carried 4-0.

11. Adobe Acrobat Software

(EN) This is something that Cara has requested. (CM) This will allow us to convert PDF to Word or Excel and preserve formatting and edit PDF files. We can receive PDF into but not out of system.

(EN) Motion to approve purchase of Adobe Acrobat Standard Software as proposed. (AD) Second. Carried 4-0.

12. Sewer User Fee Abatement – 12 Foss Avenue (Town-Owned Property)

(EN) Motion to approve abatement Tax Map U6, Lot 7 (12 Foss Avenue) for $8.00. (EN) Second. Carried 4-0.

14. Part-Time Police Officer Appointments

(LK) This came in late but it is to re-appoint all part-time officers which is done each year.

(EN) Motion to appoint Stephen Adams, Jason Darrah, Robert Gauthier, Jr., Joseph McDowell, and Justin Swift as part-time police officers for a one-year contract. (AD) Second. Carried 4-0.

15. Cheticamp (Kentek) Tax Relief 79-E Covenant Agreement

(CM) The Agreement has a date of May 2013 but Board and Mr. McMullen need to sign document. Board signed document and Mr. McMullen will be requested to come in and also sign.

Break: 7:32 P.M. Resume 7:35 P.M.

1. Discussion of Release of Personal Memo

(LK) Selectman Small has decided not to sit on the Board this evening but is a member of the audience. Since she is not sitting on the Board, would Board like to table this until another date? Individual members of the Board were polled:
(GL), (EN), and (AD) wished to address tonight and (LK) approved tabling matter.

(LK) The first question is in reference to an E-Mail which was sent to Board members and released by Selectman Small to a public individual. Was this confidential information and was it inappropriate for the information to be released? This information was reviewed by our Town Counsel (Atty.Beth Deragon) and I have received the following information:

Good Morning, Larry:

Given the nature of these events, I have spoken with Bart Maher (Town Counsel) about these issues and have concluded as follows:

Nevertheless, a very troubling aspect of this matter is that Chief Wharem’s
E-Mail containing Sgt. Walter’s complaint was released by Linda Small to a member of the public. There is no doubt that Chief Wharem’s E-Mail is a confidential personnel document because it is a complaint by an employee, arising out of the employee’s employment, transmitted to the Board by the employee’s Department Head. The transmittal of the document to the public could create liability and expense to the Town. Please admonish each Selectboard member to take care to maintain the confidentiality of personnel matters, including documents. All Board members should be made aware that under NH RSA 42:1-a, a town officer can be dismissed for divulging such information.

(AD) I disagree that it is confidential since it is a third party writing it. There is nothing in the letter that is personal. Department Head requested investigation and response.

(LK) I had pre-approval to have Town counsel deal with this situation from four Board members due to the nature of this. (GL) I consider it a confidential E-Mail. (EN) I consider it as a confidential E-Mail. (LK) I consider it as a confidential E-Mail. So three of us consider it as a confidential E-Mail.

(EN) Motion to approve that E-Mail authored by Chief Wharem was a confidential personal information E-Mail. (GL) Second. Carried 3-1 (AD).

(LK) The second question is whether the release of the E-Mail was an improper breach of confidentiality. (See RSA 42-1a – Oath of Office.)

(AD) I believe this is a civil matter between employee and citizen.
(EN) RSA 42-1a clearly says it.

(EN) Motion that the release of E-Mail document was an improper breach of confidentiality per RSA 42-1a. (GL) Second.
After Discussion: Carried 3-1 (AD).

Discussion: (AD) This is a civil matter between citizens and does not go that far in my eyes. I do not believe it was a confidential document. (EN) This is not something that would be available to you unless you were a selectman.
(LK) Al, I respect your decision.

(LK) From here, I do not know what action should be taken. We are all human and I definitely make mistakes. We have a letter to the Board that as a Board we should be cautious. We can table this part until next week and hopefully, we can put this behind us and move forward.

NON-PUBLIC SESSION

(LK) I have reviewed the letter from Chris Ward as to his rationale for requesting Non-Public Session and believe that it should be in Non-Public Session.

Chris, please understand that the Board will not be commenting on your letter. Can you relate what this is reference to? Mr. Ward: This is relation to the Building Department. (LK) Do you wish to have Jesse Pacheco, Building Inspector remain in session? Mr. Ward: Yes, that would be fine.

(EN) Motion to go into Non-Public Session per RSA 91-A:3 II (a) – The dismissal, promotion or compensation of any public employee or the disciplining of such employee or the investigation of any charges against him unless the employee affected: (1) Has a right to a meeting, and (2) request that the meeting be open, which case the request shall be granted. (GL) Second. Carried 4-0. Individual members of the Board were polled and all agreed.

Board went into Non-Public Session at 8:00 P.M.

Board returned to Public Session at 8:07 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 (EN) and Seconded by (GL) 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. (GL) Second. Carried 4-0. Individual members of the Board were polled and all agreed.

INFORMATION ITEMS

1. Update on Library Project

(EN) We are meeting this week.

2, Zoning Board of Adjustment Members

(LK) There are several vacancies on Board. We do need to re-appoint (AD) as Alternate. Jesse Pacheco: The Zoning Board can have three Alternates.

(EN) Motion to approve Al Douglas as Alternate on Zoning Board.
(GL) Second. Carried 3-0. (AD) Abstain.

(EN) This will be an elected Board. (CM) Effective next year.

(CM) will figure out and advertise for members/alternates.

2. Thank You Letter Wendy Chen

(LK) That was nice of her.

OLD BUSINESS

1. Proposal to Lease Town Property Submitted by Joseph Cortese. Pending
2. Consideration of Allowing the Trustee of Trust Fund to Solicit Funds on
the Town Website

(AD) It is fine for them to do this as long as Trustees do not make money from this. They will not be accepting a direct credit card. (CM) The Board of Selectmen have accepted the trust and we are obligated to collect the money back.

(AD) Motion to allow Trustee of Trust Fund to solicit funds on Town Website. (EN) Second. Carried 4-0.

3. Police Chief Comment on Revised Private Detail Rates

(LK) This will be on the next Agenda. (EN) to contact Chief Wharem.

APPLICATIONS and WARRANTS

None.

CHECKS and MANIFESTS

(GL) Motion to approve Accounts Payable and Checks Register.
(EN) Second. Carried 4-0.

(GL) Motion to approve Payroll and Direct Deposit. (EN) Second. Carried 4-0.

MINUTES

1. Public Session Minutes of March 25, 2014

(EN) Motion to approve Public Session Minutes of March 25, 2014 with correction. (AD) Second. Carried 4-0.

Correction:

Page 2, Paragrah 2, Second line should read: ….(PS) but did not get Town Counsel to review yet.

2. Non-Public Session Minutes of March 25, 2014

(EN) Motion to approve Non-Public Session Minutes of March 25, 2014.
(GL) Second. Carried 4-0.

3. Non-Public Session Minutes I March 18, 2014

(EN) Motion to approve Non-Public Session Minutes I of March 18, 2014.
(GL) Second. Carried 4-0.

OTHER

(LK) The questions posed by Marilyn Roberts will be addressed next week.
(AD) related that he would be present next week but will be arriving late

PUBLIC INPUT

Jesse Pacheco: I have a concern from a tenant about the over population of cats, because of all the apartments we have. The question is whether there should be some type of license. We could check with Health Department to look into what the over population of cats are doing. It is an ongoing issue and we have to do something.

(LK) Talk to the Fire Chief and also the ACO. Jesse Pacheco: I talked to the ACO already. She advised that one cat can have up to a hundred babies in a year.
(LK) Talk to them and see if we can come up with a solution; get their recommendations. Jesse Pacheco: Maybe we could have them licensed and waive the fees if they are spayed.

ADJOURNMENT

(EN) Motion to adjourn. (AD) Second. Carried 4-0.

Meeting adjourned at 8:30 P.M.

Approved: April 8, 2014

___________________________ _________________________
Lawrence Konopka, Chairman Date

No Attachments
Olympus 2.16.29

I hereby certify that these Minutes were recorded by me on April 1, 2014, transcribed and public posted on April 4, 2014.

________________________________________
Delores A. Fritz, Recording Secretary