July 19, 2011 Minutes

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

MEETING MINUTES OF TUESDAY, JULY 19, 2011

CALL TO ORDER

Call to order at 5:04 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.

AGENDA REVIEW

(GL) Letter – Hank Fitzgerald, Problem with Larry Konopka being threatened; (PR) Problem with being threatened; Zoning Board meeting; (PS) Nancy Christie/Petitions for Scenic Roads, Conservation Commission Property Survey Contract Proposal, Resignation Letter/Dan Kramer, Cross Country Appraisal Group, Non-Public Session (Personnel and Read Estate.)

OTHER

(GL) noted that Larry Konopka had contacted him because of being threatened with bodily harm, damage to his business and harm to his home. Ultimately, there were also threats to (FH) and (PR). “It concerns me this is going on. I do not like to see this and it should be investigated by the Police Department.” (PR) noted that he had discussed with legal counsel because of being stalked and was fearful. This will be addressed further in Non-Public Session which would normally not be a non-public issue concerning the Board but for the person being threatened.

(PR) I would like to note that there have been a lot of comments at the store regarding the Zoning Board meeting and Ed’s response. There has been objection to the way the Zoning Board meeting was run. (EV) I may have used the wrong wording but I felt it was necessary for people to behave or be gone. In a way the Zoning Board is a quasi-board. (GL) There have been concerns that you went a little overboard. (EV) I did not want to allow anyone to talk the way they were and if I have to scream to make it known that it was inappropriate then so be it. The conversation was out of control and it was necessary to stop it. There were two people arguing and a third got involved. It is not the way to conduct a meeting. The Board runs the meeting. I have seen this individual in many meetings using language a “sailor would not use.” My choice of words may not have been the best choice but it was nothing more than that. We have had many Zoning meetings that have been stressful. I am only the Chair of that Board but I feel obligated to protect anyone that is in the meeting. The rest of the meeting ran fairly respectfully after that. I did apologize to the public after the meeting began. I would not change what I did only perhaps my choice of words.

APPOINTMENTS

5:05 P.M.: George Sansoucy

(FH) This is cancelled. He is not available.

NEW BUSINESS

ACTION ITEMS

1. Request for Function/Rotary Club & Balloon Rally Business Parking

(PR) Last year I had talked to some members of the Board about the Balloon Rally and that local businesses suffer because of lack of parking spaces in front of their establishment. Maybe we could allow three spots in front of their stores that would be specifically for the business. There are no parking spaces in front of the restaurant during Balloon Rally. Several cars were towed last year at the owner’s expense because of being illegally parked on the side of the building. Perhaps we could have a sign made up to designate several parking spots to be just for the business. (FH) The Planning Board is going to revise the parking in the future. (PR) The tenants have specified parking area but the businesses have no place to park. We could put a sign out “For Business Use Only,” not just for my place but for all the businesses along that area. Most individuals are in and out.

(EV) We have several choices. We could do nothing, try the sign, and do it for all businesses in that area. (PS) The sign would probably be okay but to tow vehicles would be another issue. (DM) You mean do not rope off the area but just put the sign up. (EV) How about two spots for each one?

(FH) Motion to approve Request for Function Argue Recreation Area by Pittsfield Rotary Club. (DM) Second. After Discussion: Carried 4-1 (GL).

Discussion: (FH) The Rotary usually has a lobster bake at the pool area for its members and also provides beer. (EV) They provide their own supplies and have their own insurance. (GL) I am concerned about people driving that have been drinking.

2. Transfer from General Fund to Ambulance Fund

(FH) Motion to approve transfer from General Fund to Ambulance Fund.
(GL) Second.

Board noted that amount should be included in motion.

(FH) Add amount of $500. to motion. (GL) Second. Carried 5-0.

(FH) I noticed that Concord has increased there fee to $525. (PS) to check with Fire Chief to assess survey as to costs.

3. Letter of Support/Suncook River/Rivers Mgmt. & Protection Program

(PS) This is removed from the Agenda at this time.

4. Proposal for the Replacement of Pedestrian Doors (4) at Highway Garage

(PS) This is a proposal George received from Ray Webber to replace the pedestrian doors at the highway garage. (FH) Is this the only bid that he got? (PS) I believe it is the only one that he got. I do not know if he asked anyone else. (EV) We need two other bids for this.

(GL) Motion to table this matter until additional bids can be received. (DM) Second. Carried 5-0.

6. Resignation Letter – Dan Kramer

(PS) With this resignation letter, I have provided the Board with a copy of the advertisement used previously for applicants for Building Inspector.

(DM) Motion to accept resignation of Dan Kramer with deep regret and letter of thank you. (GL) Second. Carried 5-0.

Discussion: (EV) Perhaps now would be a good time to look into “sharing” a Building Inspector with another Town, maybe Allenstown. This would allow for full benefits and we could share the costs. (PR) We cannot afford that at this time. We already have high taxes and no one wants to move here because of the tax structure. I am not for this. (FH) If you offer benefits, individual would only get $19 per hour and the difference would cover the benefits. (PR) I would like to see this in writing. (FH) Dan will be getting more money plus benefits in his new position. We could talk to Allenstown to see if they are interested in sharing a Building Inspector/Code Enforcement.

(EV) This is the sixth Building Inspector we have had since I have been here and the reason most of them have left is because of lack of benefits.

Board agreed they would run the ad as is and have (PS) contact Allenstown to find out their thoughts on a share concept. It was noted that at the present time, Allenstown is contemplating use of MRI temporarily to fill Building Inspector position.

7. Cross Country Appraisal Group

(FH) As you know, there were questions pertaining to several properties regarding the valuation on Tilton Hill Road and Clough Road, which have been reduced. They are trying to set up a date with DRA and citizen to inspect the house on another property.

8. Letter – Hank Fitzgerald

(GL) This letter from Hank Fitzgerald relates to various procedures. Apparently it was posted as Variance and should have been for something else. (EV) We did not change the substance of the application. Zoning Board just changed paperwork and used the right form. There was an issue with the time factor and these people had been anticipating closure on this for a while. They had been “jerked around enough.” I have been on the Board for about six years and there have only been two court cases which basically the Town has won as they were upheld by the Court. The Zoning Board thinks things out and then makes a decision as a Board. (GL) Just wanted to make sure about this. What about this letter he makes reference to? (EV) I do not think what we did was a mistake. As far as the letter, I checked with the Recording Secretary and the Vice-Chair, who was chairing that part of the Zoning meeting, and neither one of them had the letter. I believe he has now acquired a copy of the letter via another committee meeting. I did recuse myself for that hearing that night and answered only one question in regard to procedure. To say I directed that meeting from the audience is “bull.” Some of this is just sour grapes.

PUBLIC INPUT (6:04 P.M.)

Jim Theodore: This is for Fred Hast and or Cross Country Appraisers, the inside of my house is finished. No one is going to be in my house ever again. As far as Ed is concerned, I got a tape of you. You want to go to court? Let’s not go any further.

Michael Garrity: Three weeks ago I got a $25 summons left in my door for not registering my dog. Can I voice my opinion as to how lame this is? My current status includes a dirt road which is in disrepair, I have no kids in the school system, there’s a crack dealer who lives across the street, and I have never burned down my house. I pay $7,000 in taxes. You have an Animal Control Officer who drives around and does this. (EV) Mike is a neighbor of mine. We deal with the entire community and according to RSA there are certain things we must do in reference to not licensing your dog. Mr. Garrity: I have had a small dog for five years, why didn’t the Animal Control Officer ever come before. As of July 4th there is a foot drop off on my road at the end of the driveway. Is this welcoming me to this Town? I have been a taxpayer for twelve years and this “tweaks me out” a little bit after paying $7,000 in taxes and you leave a $25 ticket in my door. (EV) Did you get a letter first? Mr. Garrity: “Yes.” Is this system a revenue generating situation. (FH) tried to explain that the RSA states that this is the process which should be followed. Board tried to explain that he was not singled out to receive this summons but that anyone who does not license their animal is obligated to step into this process. Board noted that they would investigate the road conditions and get back to him on this.

Mr. Garrity: “Why would I want to live in this Town?” I am thinking of putting my house up for sale. I tell you I would love to see the Police Department on my road more often.

Mr. Garrity left meeting at 6:20 P.M.

APPOINTMENTS – Continued

6:00 P.M.: Carole Richardson, Beautification Committee Chair
Re: Signage in Town Flower Garden Areas

Carole Richardson: I am coming here tonight for your support. After finishing the recent center triangle near Rite-Aid, Dan Schroth told us the whole garden was going to be removed when the sidewalks in Town are redone or established. We put about $1,000 into that garden. I would appreciate it if someone would keep us up-to-date on what is happening in this regard to prevent this happening in the future. (EV) The spot looks great. We heard that according to DOT that is going to be removed. Ted Mitchell: The garden is not going to disappear according to the engineer that evaluated that area. Carole Richardson: Could you keep us posted when you hear about these things. We have to raise a lot of money for these projects. People put up yard sale signs, balloons, and all different kind of signs on Town properties like this. There was a business sign that was taken down. George said he can take anything off public property. It is disrespectful to these beautiful gardens. We are looking for BOS support to not allow these areas to become “junky.” (EV) We could put an ad in the paper. On behalf of the Board, thank you and good work. Carole Richardson: I know you cannot take down political signs. (EV) We will look into it.

6:30 P.M.: Larry Konopka

(EV) The reason we requested you appear tonight was in reference to your recent resignation as Deputy Welfare Director and Deputy Health Officer.

Mr. Konopka: I had several issues and it is only my opinion. Namely, the couple that came before this Board regarding a welfare issue and requested to go into non-public, which you denied them. I feel you should have gone into non-public to address their concerns and make them comfortable. I was sitting behind them that day and I could tell how upset they were. A couple of days later there was an individual with four children and no electrical power who could not get services and I felt uncomfortable sending her to the Board to address this. I also think the Welfare Department should be open at least four hours a day. Why was I not consulted about this before you changed the hours? This Board was inconsiderate in changing the hours without even consulting me. I feel that two days a week of having a welfare director here puts too much pressure on these individuals.

As far as the health issue, there are numerous ones around Town. Since the Board of Selectmen is not willing to deal with these issues, it is hard for people to come in. In the alleyway in the back of the restaurant there is a stack of bricks quite wide and quite high. Any child could attempt to climb it and it would tumble. I talked to Stan Bailey about it and he noted that there were people out there every night. I talked to Paul about it. (PS) I forwarded this information to BI as soon as Larry brought this to my attention.

(FH) You feel that the Welfare Department should be open every day?
Mr. Konopka: Two days a week makes it too pressured for individuals. (FH) You know that Diane came to us requesting schedule change? Mr. Konopka: To make it worthwhile, you need to have the 3-4 hours available every day. (FH) Look at the vouchers. I have not heard of anyone in serious trouble. (GL) The problem is that we share our Welfare Director with another Town. (PR) It was not the other Town that requested the change, but Diane that wanted to do the change to conserve gas. She proposed it to Allenstown and Pittsfield. Mr. Konopka: I think at least four days a week would be adequate. It is your choice and this is only my opinion.

Mr. Konopka left meeting at 6:40 P.M.

ACTION ITEMS – Continued

9. Conservation Commission Property Survey contract Proposal

(PS) We have three proposals procured by Conservation Commission for surveying the Rocky Ridge property and the Black Gum Forest area.

Mark Wallace: We have three bids for this project and I am here tonight to determine 1. How to pay for this; 2. Who signs the contract?

Board agreed that this would be paid by the Conservation Commission and ultimately decided that the contract would also be signed by them. Board suggested several changes to the contract including the payment process and notification if project exceeds $6,800 at which time Board of Selectmen would like to be notified. Mr. Wallace noted that the Conservation Committee had already reviewed the contracts and is in agreement with the Berry Surveying contract.

(PR) Motion to approve contract proposal referred by Berry Surveying and Engineering to conduct land surveying services at the Black Gum Forest and Rocky Ridge not to exceed $6,800 unless approved by Board of Selectmen and payable upon completion of the project. (GL) Second. Carried 3-1 (FH).
(DM) Abstain.

10. Nancy Christie – Petitions for Scenic Roads

(PS) These are Petitions that will be on the Warrant list. Board does not have to approve or not approve. This is just an issue the Board should know about.
(EV) There is no problem sending Nancy Christie our recommendations. (FH) They are scenic roads but if you cannot get up there it won’t do any good. It limits what Town can do to roads.

NON-PUBLIC SESSION

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

Discussion: (FH) Real estate should not be in Non-Public Session. (PS) This is just for additional information that was previously discussed in non-public.

Break 6:55 P.M. Resume 7:00 P.M.

Board went into Non-Public Session at 7:00 P.M.

Board returned to Public Session at 8:00 P.M.

(GL) Motion to seal Non-Public Session Minutes of July 19, 2011. (PR) Second. Carried 5-0.

OTHER

1. Oil Contract

(PR) I have contacted several oil companies (Eastern and Rhymes and also Fred Fuller, who the School chose), about rate and if they will honor new prices if prices drop which was not in the original quote. They have not gotten back to me yet. Board agreed they would decide on this by next month.

INFORMATION ITEMS

None.

OLD BUSINESS

1. Draft Agreement for Kiosk Participation by Business Pending
2. Award of Oil Bid See Above
3. Resignation of Deputy Welfare Director
and Deputy Health Officer See Page No. 3

(PR) On the application it does not state “have you ever been convicted of a felony and that a background check will be done.” (PS) A background check is done before individual is hired. Should these be posted as separate positions? Board agreed that all positions should be posted. (FH) Actually the Deputy Health Officer is under the Building Inspector.

(EV) Just for the Board’s information, I did some Welfare work last week.

APPLICATIONS AND WARRANTS

1. Application for Current Use – Tax Map R33, Lot 23

(GL) recused himself and was seated in the audience. (8:05 P.M.)

(DM) Motion to approve application for Current Use Tax Map R33, Lot 23.
(PR) Second. Carried 4-0.

(GL) returned and was seated on Board. (8:07 P.M.)

2. Application for Current Use – Tax Map R02, Lot 3

(FH) Motion to approve application for Current Use Tax Map R02, Lot 3.
(DM) Second. Carried 5-0.

3. Application for Veterans Credit – Tax Map R14, Lot 15

(DM) Motion to approve Veterans Credit – Tax Map R14, Lot 15.
(GL) Second. Carried 5-0.

4. BTLA Settlement Agreement – Tax Map R22, Lot 2-2.

(DM) Motion to approve BTLA Settlement Agreement Tax Map R22, Lot 2-2. (GL) Second. Carried 5-0.

CHECKS AND MANIFESTS

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

(GL) Motion to approve Payroll and Direct Deposit. (PR) Second. Carried 3-0. (FH) and (DM) Abstain.

MINUTES

1. Public Session Minutes of July 5, 2011

(DM) Motion to approve Public Session Minutes of July 5, 2011. (GL) Second. Carried 5-0.

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

OTHER –Continued

2. Air Conditioning

(FH) The air conditioning unit has not been cleaned for a long time and should be cleaned again. (PS) Having the ductwork cleaned is an expensive proposition. I do not understand why it gets so “moldy.” (EV) noted that there are tablets which can be put into the ductwork which dissolve and take care of the mold. He agreed he would look into this.

3. Conference Room – Air Conditioning

(FH) Paul, have you gotten an estimate as to the cost of air conditioning the conference rooms? (PS) noted he had not yet but would do so.

4. Welfare Fair Hearing Board

(DM) Paul, has this Board met yet on a preliminary basis to get started?
(PS) This is pending.

PUBLIC INPUT

None.

NON-PUBLIC SESSION

(GL) Motion to go into Non-Public Session per RSA 91-A:3 II (c) (PR) Second. Carried 4-1 (DM). Individual members of the Board were polled and all agreed except (DM).

Board went into Non-Public Session at 8:20 P.M.

Board returned to Public Session at 8:45 P.M.

(GL) Motion to seal Non-Public Session Minutes of July 19, 2011.
(PR) Second. Carried 5-0.

ADJOURNMENT

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

Meeting adjourned at 8:50 P.M.

Approved: August 2, 2011

_______________________________ ____________________
Edward Vien, Chairman Date

I hereby certify that these Minutes were recorded by me on July 19, 2011, transcribed and publicly posted on July 28, 2011.

___________________________________________
Delores A. Fritz, Recording Secretary

II Tapes