June 17, 2014 Minutes

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

MEETING MINUTES OF TUESDAY, JUNE 17, 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, Linda Small (LS), Gerard LeDuc (GL), Albert Douglas (AD), Michael Williams (MW),Town Administrator, and Delores Fritz, Recording Secretary.

MEMBERS ABSENT:

None.

PUBLIC INPUT

None.

AGENDA REVIEW

(GL) Information – Planning Board Meeting; (AD) Information – Broadband Meeting; (LS) Town Properties to Auction; (MW) RSA 91-A, II(b) – Hiring of Any Person as a Public Employee.

PUBLIC HEARING

(MW) Notice of Public Hearing concerning the acceptance and appropriation of unanticipated revenue in excess of $5,000 which includes two $5,000 checks from Gef & Rob Freese for community police interaction. (See attached.)

Public Input: None.

Close Pubic Input

(AD) This has already begun; I have seen the Segway around Town. (LS) This is very beneficial to the Town and we thank them. (LK) A thank you letter will be sent to them.

(EN) Motion to accept the $10,000 from Gef and Rob Freese for community police interaction. (LS) Second. Carried 5-0.

Close Public Hearing

APPOINTMENTS

6:05 P.M.: Erica Anthony – Tax Collector

Possible Properties for Deed Consideration

Erica Anthony: I have submitted a list to the Board of properties which may be for deed consideration. Many of these will either be paid are make some arrangements for payment. (LK) Is this more than we have had in the previous years? Erica: No, it is pretty average. I wanted you to have this so that you can have an opportunity to review it.

Unregistered Dogs

Erica: This is the list of unregistered dogs which I will forward to ACO. I have reviewed the Statutes and the Town can add a service fee onto the process of up to $5. It is not mandatory but I did want to make your aware of this. (AD) How many dogs have not been registered? Erica: About 229 dogs – we have registered an average of about 1,400.

(LS) Motion to approve $5.00 service fee unto the civil forfeitures for unregistered dogs. (EN) Second. Carried 5-0.

(EN) Motion to approve the civil forfeitures to Animal Control Officer for collection. (AD) Second. Carried 5-0.

Boat Registration

Erica: The Board previously approved Town registering boats. To date, we have collected about $500 in this respect. Many people are glad that the Town now has this service.
Records Retention

Erica: The Town should have a Records Retention Committee; every town should have this basically to make sure that proper retention of records is maintained. I would like to start this committee. This would address the retention of records and the secured area for maintaining. (AD) What records are we talking about? Erica: All records.

Vacation

Erica: I will be on vacation the week of July 21st and in August (week of the 11th) I will be attending my third Town Clerk training. I am requesting that Board allow Amy to work the entire week so that the office will not be closed. Board agreed.

Erica Anthony left meeting at 6:12 P.M.

6:13 P.M.: Terri Page – Regional Transportation Coordinate, CAP

Ms. Page: She related that she is the Regional Transportation Coordinator representing the Mid-State Regional Coordinating Council which serves Belknap and Merrimack Counties including Deering and Hillsborough. This council sets statewide policies for community transportation by establishing a framework for this development. It was determined that there are limited transportation options and the region cannot support public fixed-route transportation but rather relies on demand-response of small buses and volunteer driver programs.

A ride resource directory was composed with referred capabilities to provide increased outreach for senior citizens to medical appointments, shopping, etc. Grants have been utilized for these purposes. She provided several brochures including Rural Transportation Program, Volunteer Driver Programs and Ride Resource Directory.

Ms. Page left at 6:25 P.M.

6:25 P.M.: Conservation Commission – Wild Goose Pond Proposal

Carl Wallman, Chris Hill, and Mark West, Bear Paw Regional Greenway were present.

Mr. Wallman: The Conservation Commission has voted conditional support for this project out of the Conservation Commission fund. Mark West from Bear Paw Regional Greenway is here to tonight to offer some information about the project.

Mark West: This is an excellent project and we are looking to Pittsfield as a member. There is about 488 acres within the project which includes about 121 acres in Pittsfield as well additional acreage in Barnstead, Strafford and Northwood. The PCC considers this project to be in the best interest of the Town and will result in Pittsfield being included in Bear Paw’s multi-town area of operations.

Chris Hill: This is the first time that Conservation has donated money toward land and not ownership. It is a unique situation and financially would take a large chunk out of the Conservation funds. There would be no expense after the fact. The land would remain open to the public up to where the Boy Scout Camp begins.

(LK) How much does the Conservation Commission have available? Chris Hill: About $42,000. It was noted that this will require a public hearing.

(LS) Motion to approve conducting a Public Hearing on July 15, 2014 for the Wild Goose Pond Proposal. (GL) Second. Carried 5-0.

(MW) will make arrangements for Board members to attend site.

Bill Miskoe: Looking at the map of Pittsfield and the surrounding communities, every other Town has an association with an organization such as Bear Paw Regional Greenway. This can be very beneficial and we should do it.

Mark Wallman, Chris Hill and Mark West left meeting at 6:40 P.M.

6:41 P.M.: Pittsfield Trails Committee – Trail Proposal

Mr. Ted Mitchell was not present. Board voted to table this matter to the next Board meeting.

(EN) Motion to table Ted Mitchell, Pittsfield Trails Committee to the next Board meeting. (AD) Second. Carried 5-0.

NEW BUSINESS
ACTION ITEMS

1. Part-Time Police Department Receptionist

Police Chief Cain: Meggin does an outstanding job at the PD but does not work enough hours to allow the Police Department to be open after around 2:00 P.M. Looking at the current budget, I think it would support a part-time administrative assistant working about eight hours. Meggin has requested to cut her hours back to 20 hours per week and this individual could cover about eight hours per week.

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 5-0. Individual members of the Board were polled and all agreed.

Board went into Non-Public Session at 6:45 P.M.

Board returned to Public Session at 7:00 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 (GL) and Seconded by (AD) to not publicly disclose the Minutes because it is determined that divulgence of the information likely would render the proposed action ineffective. Carried 5-0. Individual members of the Board were polled and all agreed.

(EN) Motion to make a conditional offer of employment to Donna Stockman as Administrative Assistant at the Police Department for no more than eight (8) hours a week. (LS) Second. Carried 5-0.

2. Concord Hospital Collection Services

(MW) There is approximately $54,000 outstanding for intercept fees. Concord Hospital’s program for collection would include a 28% collection fee. By participating in this, it would mean about $38,000 not going to collection. I would recommend that Town approve participation in Concord Hospital collection process.

Fire Chief Martin: If it would mean additional revenue, it is probably a good idea.

(LS) Motion to opt into Concord Hospital billing services for collection of intercept fees. (EN) Second. Carried 5-0.

3. Safe Routes to School Contract

(MW) Board approved the amendment to the contract and it is now necessary that Chair signs document. (LK) signed document.

4. Bryan Locke Deed Vote Ratification

(MW) At the last Board meeting, Board approved a Deed to return property to property owner and signed that one as well as the one for Bryan Locke Deed. Original motion did not include the Deed for Bryan Locke.

(EN) Motion to approve and ratify Deed for Bryan Locke.
(AD) Second. Carried 5-0.

5. Certified Computer Maintenance Contract

(MW) This is the contract, effective May 1st, which needs to be approved and signed by Chair or Town Administrator.

(EN) Motion to approve and authorize Chair to sign Certified Computer Maintenance Contract. (GL) Second. Carried 5-0.

(MW) The internet service we currently have does not support the CLOUD and I am trying to work on a resolution to correct this.

6. BCEP Appointment

(LS) Motion to approve Thomas Marston appointment to BCEP. (EN) Second. Carried 5-0.

(LS) Do we know who the Budget Committee representative is? (AD) I believe it is Carolyn Allheiser. (LS) She has not been in attendance at the meetings. (AD) She has changed positions and it may be difficult for her attend because of this.

7. PSNH Pole Licensing

(MW) PSNH is petitioning for pole license. George has reviewed and approved it. It has already been installed.

(EN) Motion to approve PSNH Petition and Pole License #41-0492 as reviewed and approved by George Bachelder. (GL) Second. Carried 5-0

(EN) Why was the Board not notified prior to installation? (MW) This is something that came up quickly.

8. Decline Use of PA-28

(MW) It is my understanding that traditionally we do not use this DRA form
(PA-28 Inventory of Taxable Property Form for 2015).

(EN) Motion to decline use of PA-28 form. (LS) Second. Carried 5-0.

9. RSA 91-A, II(b) – Hiring of Any Person as a Public Employee

(MW) I have looked into this and there is a controversy regarding Board of Selectmen members serving as deputies which could be a potential conflict of services. It causes a “circular chain of command.” There are a lot of towns that do not allow this. It is not an issue now, but I wanted Board to be aware of this. (GL), (LK) and (LS) agreed. (LK) We as a Board oversee the Town employees and not work as an employee.

(LS) Motion to approve Town Administrator presenting a policy next Board Meeting to address this. (AD) Second. Carried 5-0.

INFORMATION ITEMS

1. DOT – Route 28 Maintenance

(MW) We have received notice from DOT that portions of NH Route 28 in Pittsfield are scheduled for paving during the coming season. This does not affect us in any way. I have checked with George and there is no problem with this.

2. Planning Board Meeting

(GL) I was at the Planning Board Meeting last week and they have approved the Site Plan Review for the Rustic Crust. The problem was that most of the Planning Board members did not have the paperwork for the meeting, which is unacceptable.

(MW) It is difficult to weigh in on this. Jim Pritchard is the Secretary of the Planning Board and should be designated to “step-up.” This will be discussed with Clayton Wood, Chair.

3. Broadband Meeting

(AD) reported that he had attended the Broadband Meeting. It was noted that there are areas which are not receiving activity due to the location of the homes – hard to reach remote areas because providers will not go into these areas because of insufficient volume. (AD) The Committee consisted of about 10-15 representatives from various towns. Donahue, Tucker & Ciandella, PLLC (DTC) Attorneys are the experts on broadband and telecommunications and have offered some reports on this subject. I think the Cable Advisory Committee could review these and the franchise agreement.

(MW) I have met with Metrocast (Moira and Amanda) and they have advised me that there are only about 711 customers in Pittsfield. Metrocast will be conducting an evaluation of the various Town buildings tomorrow and services needed. Otherwise, it would cost about $300 per month per buildings. It was noted that the Internet Agreement with Metrocast is a “good agreement.”

OLD BUSINESS

1. Floral Park Cemetery

(MW) At the last Board meeting, it was noted that Floral Park can no longer be supported as a private cemetery. The trustees are requesting that it be taken over by the Town as a Town cemetery since Town does not have a Town cemetery and one is required.

I would recommend funding it for thirty days so that we can pursue some other avenues of maintaining the cemetery such as buying equipment, volunteers for mowing the grass, etc. We can go forward one month at a time and see what kind of services can be negotiated.

(LK) It would have to be at a Town Meeting to see what the people would like to do. We can go for one month to see what can be developed. It was noted that the annual cost to maintain cemetery would be $26,000. (GL) There should be a Line Item to cover this. (MW) We can prepare for it next year. (GL) I would not be against funding it on a month-to-month basis.

(LS) Dave (Pollard), you noted that you had talked to previous Boards about this? Dave Pollard: No other Boards have had to deal with this. (LS) So this is the first? No previous Boards have heard about this? Dave Pollard: It has always been a private cemetery. (LS) The cemetery looks wonderful. I do wish the Board had been notified a little sooner so that we would have more time. Dave Pollard: We have been struggling along and this year it came up quick.

(LK) Thank you, Don, you do a great job. We can support this on a month-to-month basis for now and go to Town Meeting. Dave Pollard: I do not agree. It is the Board’s responsibility. (LS) We can go with the thirty days and look at the budget.

(LS) Motion to approve $2,700 for July to fund Floral Park Cemetery and revisit issue on July 15, 2014. (EN) Second. Carried 5-0.

(LS) Mike, could you check with Cara as to how this can be accomplished?
Again, thank you, Don, for all you do down there.

BREAK: 7:40 P.M. RESUME: 7:47 P.M.

2. Jenness Pond Lake Host Program Donation

(MW) They were requesting a donation of $1,000 for the Jenness Pond Lake Host Program. In light of the cemetery issue, maybe making a request during the beginning of the budget season would be a better time to plan for this.

(MW) to send a letter to advise.

3. Rogers & Chen Sewer Fee Abatement Request

(EN) Have they submitted any paperwork? I think the abatement may be okay but I would like to see what to abate. (MW) I thought they were requesting abatement because of inability to use the sewer within the quarter. How long did they not have access to the sewer system?

Jesse Pacheco, Building Inspector: I was involved in this process. You have to look back at their original request as they were also requesting a waiver for the permit fees.

(MW) In the letter dated March 3rd, Wendy Chen asked for waiving Permit fees and Paul Rogers requested abatement for the full quarter sewer fees. Both parties have basically made the same requests. Paul Rogers did not note how long he was without sewer services. We could offer a percentage? There are two different fees they are requesting waiving $100 Plumbing Permit Fee and quarter sewer fees. After further discussion, Board decided

(EN) Motion to deny waiver of Plumbing Permit Fees for 42-44 Main Street. (GL) Second. Carried 5-0.

(MW) Paul Rogers’ sewer bill is $563.20. (LK) I think we could offer a percentage.

*(EN) Motion to abate 50% of sewer fees from December 1, 2013 to March 14, 2014 for 42-44 Main Street. (AD) Second.

Discussion:

Jesse Pacheco: It should be noted that Joe’s Pizza had the same problem and paid for everything.

Fred Hast (requested to speak and Board agreed): The sewer system when it was set up ran by the house in the street and the homeowner had to pay to tie into the system.

(LS) In the past, the Board was adamant in not giving sewer abatements. (MW) Perhaps a reduction in the fees since they were not able to use it. (EN) Was that requested? (MW) The material was disposed of at the Sewer Plant. Technically, we are not responsible at all.

*(EN) Withdraw Motion and (AD) Withdraw Second.

Fred Okrent (requested to speak and Board agreed): I would look at the pump/dump charges and separate them. Look at the pump charges and do a percentage on that.

(EN) Motion to deny sewer abatements for 42-44 Main Street. (GL) Second. Carried 5-0.

4. Hank Fitzgerald Complaint

(MW) We have received two letters from Hank Fitzgerald and Bill Elkins regarding the event that took place between Jesse Pacheco, Hank Fitzgerald and Bill Elkins. I have not responded because I thought it was taken care of. Hank Fitzgerald feels he has not gotten an appropriate response from the Town. I apologize for this. What do you feel the remedy would be?

Hank Fitzgerald: I believe we discussed procedures. My issue is that I feel I have been improperly treated by Board of Selectmen and Jesse Pacheco. Jesse and I have straightened out our part. (LK) offered to address matter in Non-Public, but Mr. Fitzgerald denied suggestion. The issue is that there has been no response in writing. The Board spoke improperly and I would want a letter in writing.

(MW) I apologize, Hank, though after reading your letter I do not see any requests for a remedy.

Hank Fitzgerald: When I submit a letter to the Board of Selectmen about an issue, I expect the Board to discuss and decide what to do about it. I will accept a written letter from the Town Administrator in this matter. (LK) Hank, you did not sign the original letter. Hank Fitzgerald: I had several copies made and I guess you did not get one of the signed copies. (LK) We will get a letter to you now and hopefully this will close the matter.

APPLICATIONS and WARRANTS

1. McDowell Veteran’s Credit Applications

(EN) Motion to approve McDowell Veteran’s Credit application.
(AD) Second. Carried 5-0.

2. Intent to Cut: Tax Map R43, Lot 6

(EN) Motion to approve Intent to Cut Tax Map R43, Lot 6.
(AD) Second. Carried 5-0.

3. Intent to Cut: Tax Map R54, Lot 11

(EN) Motion to approve Intent to Cut Tax Map R54, Lot 11.
(GL) Second. Carried 5-0.

4. Timber Tax Levy: Tax Map R51, Lot 3

(EN) Motion to approve Timber Tax Levy Tax Map R51, Lot 3.
(LS) Second. Carried 5-0.

5. Timber Tax Levy: Tax Map R18, Lot 5

(EN) Motion to approve Timber Tax Levy Tax Map R18, Lot 5.
(AD) Second. Carried 5-0.

6. Sewer Fee Abatement for DKV, LLC

(EN) Motion to approve sewer abatement for DKV, LLC for $8.00.
(LS) Second. Carried 5-0.

7. Property Tax Abatement: Tax Map R30, Lot 6

(EN) Motion to approve Property Tax Abatement Tax Map R30, Lot 6.
(AD) Second. Carried 5-0.

8. Welfare Lien: Tax Map R25, Lot 2-1

(EN) Motion to approve Welfare Lien for Tax Map R25, Lot 2-1.
(AD) Second. Carried 5-0.

CHECKS and MANIFESTS

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

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

MINUTES

1. Public Session Minutes of June 3, 2014

(EN) Motion to approve Public Session Minutes of June 3, 2014.
(LS) Second. Carried 4-0. (LK) Abstain.

2. Non-Public Session Minutes of June 3, 2014

None.

OTHER

(LS) We had previously discussed Town properties for auction. (MW) I am working on it. There are a number of properties that would be very difficult to build upon because of their location, road area, etc. We could auction these off as a “block” sale and let the market decide. The other alternative is that many have established trails and Town could keep property for that purpose or perhaps, abutters may be interested in purchasing.

(LK) noted he would be absent from the Board’s next meeting due to vacation.

PUBLIC INPUT

Jesse Pacheco: I think the transition from Paul to Mike Williams has been a smooth one. He has corrected quite a few problems. Thank you. The Board is doing well.

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. (LS) Second. Carried 5-0. Individual members of the Board were polled and all agreed.

Board went into Non-Public Session at 8:25 P.M.

Board returned to Public Session at 8:38 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 render the proposed action ineffective. Carried 5-0. Individual members of the Board were polled and all agreed.

ADJOURNMENT

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

Meeting adjourned at 8:43 P.M.

Approved: July 8, 2014

___________________________ ____________________
Lawrence Konopka, Chairman Date

I hereby certify that these Minutes were recorded by me on June 17, 2014, transcribed and publicly posted on
June 19, 2014.

_______________________________________
Delores A. Fritz, Recording Secretary

Attachment
Olympus: 2.07.36