August 5, 2014 Minutes

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

MEETING MINUTES OF TUESDAY, AUGUST 5, 2014

CALL TO ORDER

Call to order at 5:00 P.M. by Larry Konopka, Chairman

MEMBERS PRESENT

Larry Konopka (LK), Chairman, Eric Nilsson (EN), Vice-Chairman, Gerard LeDuc (GL), Albert Douglas (AD), Michael Williams (MW), Town Administrator, and Delores Fritz, Recording Secretary.

MEMBERS ABSENT:

Linda Small (LS)

PUBLIC INPUT

None.

AGENDA REVIEW

(AD) Rotary Invite; (MW) Chris Smith Hawker & Peddler License, Warrant to Establish Town Manager, Warrant to Reduce Select Board to Three, and Property Merger. (LK) Public Session Minutes of July 8, 2014.

APPOINTMENTS

None.

NON-PUBLIC SESSION

(EN) Motion to go into Non-Public Session per RSA 91-A:3 II (b) – The hiring of any person as a public employee. (AD) Second. Carried 4-0. Individual members of the Board were polled and all agreed.

Board went into Non-Public Session at 5:02 P.M.

Board returned to Public Session 5:30 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 (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. Carried 5-0. Individual members of the Board were polled and all agreed.

NEW BUSINESS
ACTION ITEMS

8. Adjusting Police Officer Pay Steps

(EN) Motion to approve adjusting Officer Joseph McCormack’s pay to Step 5 at a rate of $20.70; Officer Brandon Walker’s pay to Step 4 at a rate of $20.30 per hour; and Officer Stephen Adams’ pay to Step 5 at a part-time rate of $16.10 per hour to be effective August 3, 2014. (AD) Second. Carried 4-0.

9. Hiring New Police Officer

(EN) Motion to approve hiring Donald Wood as a full-time Police Officer at
Step 2 at a rate of pay of $19.50 per hour to be effective immediately.
(AD) Second. Carried 4-0.

(EN) Chief, keep up the good work. (LK) Yes. Board will be at National Night Out tonight. Thank you.

(MW) It should be noted that at the Balloon Rally on Saturday night the new cruiser was “keyed.” We would like to offer a $500 reward for information on finding the perpetrator.

(EN) Motion to approve a $500 reward for information pertaining to damage to the new cruiser. (AD) Second. Carried 4-0.

Chief Cain: Also, the Charger was damaged by individual when being transported and is now charged with criminal mischief with restitution being handled by the Court.

10. Chris Smith Hawker & Peddler License

Chris Smith was present.

(MW) Mr. Smith has submitted the necessary paperwork including approval by Police Department and now requires criminal background check.

(EN) Motion to approve Hawker & Peddler License for Christ Smith conditional upon criminal background check. (AD) Second. Carried 4-0.

Mr. Smith: There is a Noise Ordinance pertaining to loud speakers. (LK) We can waiver this. (LK) noted that he knows the applicant on a limited basis and will not be recusing himself. (AD) related that he also knows the applicant on a limited basis and also will not be recusing himself.

(EN) Motion to approve Waiver of Noise Ordinance, Section 7, unless complaint issues develop, then will be re-addressed. (AD) Second. Carried 4-0.

Mr. Smith left meeting at 5:37 P.M.

1. Metrocast iNet Construction

(MW) This was discussed last meeting. To iNet covering all Town buildings (except WWTP) will cost $11,650 to install. With the $10,000 grant, costing the Town $1,650. After reviewing the Budget with Cara, it is noted that the proposed funds for the CLOUD base is not yet being utilized, and would cover this amount. We should do this before the grant expires.

(EN) Motion to approve Metrocast iNet construction in the amount $1,650 plus the Metrocast grant. (GL) Second. Carried 4-0.

2. Ingalls Road Property – Sealed Bid Sale

(MW) Ed Vien would like to purchase this property (Tax Map R38, Lot 9 –
3.7 Acres) and I would like to advertise for sealed bids for the property with a minimum bid of $5,000. The property is landlocked.

(EN) Motion to approve seeking sealed bids for Ingalls Road Property (Tax Map R38, Lot 9) with a minimum bid of $5,000. (GL) Second. Carried 4-0.

Discussion: (AD) Everyone who wanted to purchase the property will need to present a sealed bid including Mr. Vien? Board agreed.

3. 231 Leavitt Road – Demolish Building and Sell

(MW) There has been some interest regarding an abutter purchase, but George had suggested tearing down the building instead. I do not recommend this due to IRS liens in place (about $50,000). The Town would like the $20,000 owed so I would suggest not putting any additional money into project but rather selling property “AS IS.” I would like to come up with some kind of plan for its sale. Board agreed.

4. Wanda Lang – Dog Forfeiture Abatement

(MW) She objects to the Dog Civil Forfeiture and would like to be abated from paying this fee. I had no suggestion to offer her and suggested she request this from the Board of Selectmen.

(EN) Motion to deny Dog Forfeiture Abatement for Wanda Lang.
(GL) Second. Carried 4-0.

Discussion: (GL) We have discussed this before and people know when it is necessary to register their dogs.

5. Disband Library Building Committee

(MW) With the recent changes in the Library project, I have now advised Dana Sansom and Beverly Pietlicki (Library Director) that the Library Department will be run like the other departments within the Town. They will handle all projects and can solicit vendors. Therefore, the Library Building Committee can now be disbanded.

(EN) Motion to disband the Library Building Committee.
(AD) Second. Carried 4-0.

6. Committee, Board and Commission Appointments

(MW) As a result of work of Cara and Eric, this is the final list of individuals with terms to be approved by Board.

(EN) Motion to appoint

Name Committee Term Expires

David Stasiak Parks & Recreation 2017
Roberta Maxfield Deputy Treasurer 2017
Ted Mitchell EDC 2017
Marilyn Roberts EDC 2016
Susan Muenzinger EDC 2016
Ellen Barbasso EDC 2015
Paul Sherwood EDC 2017
Donna Ward EDC 2017
Clayton Wood Website 2015
Matt Goodwin Website 2016
Jennifer Goodwin Website 2017
Bob Legg Website 2017
Bill Provencal Website 2018
Diane Vaughan Welfare Fair Hearing Board 2015
Denis Beaudoin Welfare Fair Hearing Board 2016
Bill Boudreau Welfare Fair Hearing Board 2017

(AD) Second. Carried 4-0.

7. Welfare Lien

(EN) Motion to approve Welfare Lien Tax Map R35, Lot 26. (GL) Second. Carried 4-0.

INFORMATION ITEMS

5. Property Merger

(MW) There are properties on Greer Lane, Rocky Point Road, Clough Road and Shingle Mill Brook Road which I think would best to merge into one lot (total of 15 lots). I think this would be the best way to go on this to dispose of the
property – the land could be given to Conservation to be used as public land or perhaps, something in between such as CC stewarding the land. If someone would like to subdivide it, they would then have to go before Planning. By merging these lots, it would force the developer to come back through the Planning Board. I do not think it would be advantageous to market the lots individually.

(EN) Motion to approve merging Tax Map R26, Lots 8, 9, 12, 13, 14, 16, 17;
Tax Map R11, Lots 2, 3, 4, 5, 8, 17 & 18, R10, Lot 7 as proposed by Town Administrator. (AD) second. Carried 4-0.

1. Pennichuck Rate Increase

(MW) The letter from Pennichuck indicates an 8.95% increase which includes the 7% increase requested in November 2013.

2. Highway Block Grant Aid

(MW) This is informational which denotes the grant amounts.

3. Warrant to Establish Town Manager

(LK) I would like Board to consider having a Town Manager. With a Town Manager there would be more consistency since the Board members can change periodically and it would benefit the Town. (MW) to prepare Warrant Article.

4. Warrant Article to Reduce Select Board to Three Members

(LK) With a Town Manager in place, five member Board would not be needed provided the Warrant Article to establish Town Manager is successful. (EN) This should be two separate articles. (LK) If the Warrant Article to establish a Town Manager fails, then the three member Board would not go forward. Board agreed it should be two separate articles. (MW) to do.

OLD BUSINESS

1. 7 Depot Street

(MW) There is a possibility that property owner (Dudek) might want to do the demolition and I have changed the date on the Order for Removal or Repair of Hazardous or Dilapidated Building to offer him some additional time to do this.

(EN) Motion to approve and sign Order. (AD) Second. Carried 4-0.

APPLICATIONS and WARRANTS

1. Sewer User Fee Warrant

(EN) Motion to approve Sewer User Fee Warrant for (88,538.13. (GL) Second. Carried 4-0.

NEW BUSINESS – ACTION ITEMS Continued

11. Rotary Meeting

(AD) The Rotary would like to invite the Police Chief, Fire Chief and Town Administrator as well as the Board of Selectmen to their next meeting on September 17th at 6:00 P.M. to receive some insight as to the goals of the Rotary.

PUBLIC HEARING

1. 6:00 P.M.: First Public Hearing Concerning Safe Routes to School

Mike McNally was present. He reviewed the project including the location, State funding, sidewalks, grass strips, crosswalks, budget, drain improvements if necessary and time frame.

Public Input:

Gordon Hackett: He denoted that Berry Avenue is too narrow and the road is in rough shape. Can it be widened? Mr. McNally related that the funding does not allow this.

John Fraser: I am concerned about the sidewalks. I will lose about one third of my front lawn and will be unable to use my driveway. Parking is not allowed on road, so technically I will be losing two parking spaces. The big question in this – has there been a child hurt walking to school? (LK) No, not yet. This is a safety issue. Mr. Fraser. How many accidents have there been? (LK) I do not know but the kids have a hard time crossing the road. This is for a safe route to school.
Mr. Fraser: It is important that we do not muscle our way in. Mr. McNally: The grass strips need to be at least four feet wide or else they will not survive. We cannot go outside right of way.

Ron Fowler: It is a good plan. On Oneida Street there should be no grass strips. On Catamount, the sidewalk should be on the high school side of the street.

Ray Lammont: The Manchester Street sidewalk – has that been looked at. Why not continue it on up to the high school? (LK) George Bachelder had recommended Berry Avenue. (MW) Though I was not part of the original study, I believe there was a reason why they chose Berry Avenue. No matter where the sidewalks are place, it will infringe on the driveway areas. Mr. Lammont: The street is narrow and kids continually tear down that street. I do not like the idea of sidewalks at all. The avenue is one way during certain times of the day. (LK) The study showed that is where it was wanted. (MW) I agree that Berry Avenue property owners are losing useable space. Mr. McNally: You could make Berry Avenue one way all the time.

Nancy Vaughan: On Berry Avenue, no matter how many or where the signs are posted, cars go both ways. The signs are hard to read. Mr. McNally: If the street becomes one way permanently, eventually the signs will be obeyed. One way time limits on street are hard to enforce.

Lynn Roberts: I had heard that they would be putting the sidewalk on the other side of Tilton Hill Road, is that true? The sidewalks would be on the left as opposed to the right. The way the sidewalks are positioned the kids now face the traffic. The crosswalks on Tilton Hill Road should be incorporated onto Bow Street. If the sidewalks are on the other side, they would still have to cross.

Ray Webber: I do not see a lot of kids walking. Berry Avenue people should not lose their driveways. Even with sidewalks, I see kids walking in the street. We would lose the trees on Berry Avenue and it should just be left alone.

Faith Whittier: We have been awarded this grant money some time ago and if we had moved sooner, we would have been eligible for additional grants and have more sidewalks and roads. George Bachelder should be at this meeting. (MW) There was a Warrant Article to reconstruct Tilton Hill Road. This is Federal grant monies and we are locked in certain mandates. Mr. McNally: We could work around that though it would be two separate contracts. (MW) George wanted to do Tilton Hill Road, change sidewalks to the South side as opposed to the North side and had wanted to do this all at once. Faith Whittier: George said Town is not doing to do the road. Do they have to? Mr. McNally: New roads last longer.

(MW) We are going to have one more Public Hearing or more on this. (LK) We might want to review Berry Avenue again. (MW) And also find out why Berry Avenue? (LK) I do not want to take away from homeowners driveways.
Mr. McNally: There is a time factor involved in this and any changes take time.

Chris Cheney: Who is going to pay for repairing the driveways? The grass strip has to go.

Mrs. Lammont: The Town Administrator when he came to the house said that Berry Avenue was a two rod road. (MW) I was mistaken, it is a three rod road.

Marilyn Roberts: Manchester Street might be safer.

Faith Whittier: The School has always encouraged use of Manchester Street and it is the bus route.

(MW) Is anyone against making Berry Avenue one way? Mrs. Cheney: She related that she was against it due to winter road conditions.

Mr. Lammont: Are you ging to look at using Manchester Street? (LK) We will have the Department Heads look at the whole picture. Faith Whittier: There are copies of the original study. Someone has them.

Board agreed on a second Public Hearing for AUGUST 19, 2014 at 6:00 P.M. for Safe Routes to School.

Mrs. Hackett: Manchester Street might be a viable option. Is two weeks sufficient time to determine that? (MW) There is a reason why they did not select Manchester Street. George will be at the next meeting to answer some of these questions.

Mary Thorpe: I grew up on Berry Avenue. Manchester Street was designated at the walking route and four busies. Why is it Berry Avenue now? I am not sure why George recommended Berry Avenue.

(LK) We can have more information for you in two weeks. Faith Whittier: Perhaps it might be a good idea to have a representative from the School present as well. (MW) John Freeman has noted that he will be at this next meeting. He was unable to make tonight’s meeting.

Close Public Input

Public Hearing closed at 6:50 P.M.

(EN) Motion to continue Public Hearing to August 19, 2014 at 6:00 P.M.
(AD) Second. Carried 4-0.

CHECKS and MANIFESTS

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

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

MINUTES

1. Public Session Minutes of July 22, 2014

(EN) Motion to approve Public Session Minutes of July 22, 2014. (GL) Second. Carried 4-0.

2. Non-Public Session Minutes of July 22, 2014

(EN) Motion to approve Non-Public Session Minutes of July 22, 2014. (GL) Second. Carried 4-0.

3. Public Session Minutes of July 8, 2014

(LK) Motion to approve Public Session Minutes of July 8, 2014 as revised. (AD) Second. Carried 4-0.

Revision:

1. Page 4: Past Vehicle Reimbursement for Building Inspector

(MW) Jesse, as Building Inspector, is authorized to submit mileage for use of his personal vehicle though he has not done so for the past two years. If Jesse had been putting in mileage for this year, it would probably have amounted to about $277, and I believe he is entitled to some reimbursement. (LK) Would Jesse like to come in and discuss with us?

It should be noted that any future use of personal vehicle would be at the Building Inspector discretion now that we have a vehicle for his use.

(MW) reiterated with Jesse that he is suggesting a one-time $500 payment to reimburse him for mileage.

Jesse Pacheco: When I brought this up with Town Administrator (Paul Skowron), he noted that everyone else puts in for mileage. I did not and that is my own fault. On a home site inspection, I blew a tire which cost me $292. I gave this bill to Paul, and he said you get mileage, but got no response regarding the submission and if this reimbursement is approved, I would be getting about $200 in mileage for 2 years and would cover the cost of the replacement tire. It is difficult for me to note my mileage when I am going from one site to another and because of my schedule. I have done thousands of miles. I feel this is a reasonable amount what with the wear/tear on my vehicle.

(MW) This would have to be absorbed into the operating budget. (EN) there really is no other line item for mileage in the budget. (LS) I think this is a reasonable request.
(LK) We have paid mileage to all individuals who use their personal vehicles for work associated use. Haven’t we had this discussion before? You were going to track your mileage.

Jesse Pacheco: I did purchase a book to record mileage but it became a hassle for me when going from site to site. Larry and I talked about mileage in the past, but I was never instructed to put in for the mileage. (LK) Are we setting a precedent by granting this? It is not a policy but generally all departments submit their mileage when necessary. (MW) With this discussion as to the reason we are deviating from the policy, I do not think we are setting a precedent. It should be noted that any future use of personal vehicle would be at the Building Inspector’s discretion now that we have a vehicle for his use.

(LS) Motion to approve one-time payment of $500 for 2 ½ years of mileage for Building Inspector Jesse Pacheco. (AD) Second.
After Discussion: Carried 4-1 (LK).

Discussion: (AD) Who else could be requesting mileage reimbursement?
(MW) Hank Fitzgerald, George Bachelder or possibly in rare circumstances, myself. (EN) I know other departments have used their own vehicles and have been reimbursed. (LK) Other departments use their own vehicles such as getting parts or going to training, I see them all the time and they are reimbursed for mileage. Jesse Pacheco: All Town departments have a department vehicle for use but until now, not the Building Department. At one time Town did have a vehicle for Building Department but it was sold because it required too much repair. My job entails going out to do inspections. (LK) Board has authorized payment of mileage in the past. Anyone using personal vehicle has submitted their mileage. My problem is you have not submitted any mileage. You were told about this and you said it was hard for you to do this. Jesse Pacheco: At the start of this job, I did not have that direction when I talked to Paul Skowron about it. (LK) I am sorry that you did not have this direction.

(MW) will review mileage policy.

OTHER

1. Sidewalks

(LK) We need to maintain our sidewalks in Town. We should consider a budget line for sidewalks and a Warrant Article. (GL) George had a plan five years ago to do all the sidewalks. (LK) Funds should be put away to maintain the sidewalks. (MW) Should be in conjunction with the roads. The Building Maintenance and Repair fund are an estimate for maintaining buildings but it would be difficult to actually reflect the amount of funds in the budget for these things. (LK) The sidewalks in Town are in bad shape. At the Balloon Rally, I had several individuals approach me with questions about the sidewalks.

ADJOURNMENT

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

Meeting adjourned at 7:15 P.M.

Approved: August 19, 2014

_____________________________ ________________________
Lawrence Konopka, Chairman Date

I hereby certify that these Minutes were recorded by me on August 5, 2014, transcribed and publicly posted on August 14, 2014.

_________________________________________
Delores A. Fritz, Recording Secretary

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