March 18, 2014 Minutes

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

MEETING MINUTES OF TUESDAY, MARCH 18, 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), Paul Skowron (PS), Town Administrator, and Delores Fritz, Recording Secretary.

PUBLIC INPUT

Kathy Green: What does it take – Pittsfield Police Department has left me no choice but to file paperwork about them. I have a Restraining Order from the judge and I call and they tell me they cannot do anything. Because she mentioned several names, (LK) noted he would recuse himself but Ms. Green denoted it would not be necessary.) She went on to explain that she and her grandchildren are being harassed because Police Department does not want to do anything about it. They have allowed me to be a victim and they have done nothing. I am filing paperwork tomorrow.

Ms. Green left meeting at 6:05 P.M.

Marilyn Roberts: I would like to address Mr. Walter and his letter in the paper and what occurred at the Town Meeting. (LK) This should not be discussed in Public Session since it involves an employee. Ms. Roberts: I am not here in regard to an employee but rather for the way I was treated. I have a copy of a response from Chief and his response should not be one that is to a private citizen. I do not like the tone of the response. (LK) Still this is something that should be addressed in Non-Public because it concerns an employee. Could we schedule you around
7:00 P.M. since we have several other appointments? Ms. Roberts agreed.

APPOINTMENTS

6:00 P.M.: Cheryl Brown

Cheryl Brown and Casey (son): We have had no problems with the sewer since 2001 when it was repaired. On about March 5th, things were being pumped elsewhere and sink started “gurgling.” I now have a severe problem and I do not want to have to dig everything up again. One line not being fixed in this area is causing me a problem. (LK) From what I have been told, this has nothing to do with the Town.

Ms. Brown: The Town went in previously to the parking lot area when the drainage was not working and fixed that. (PS) Ron has been down there and what Ms. Brown is referencing is storm drainage. Ms. Brown: Why was that a Town problem before but this issue is not a Town problem? Casey: The way it is set up, we are getting waste from adjoining properties. (PS) Based on what is happening and said, the parking lot was repaired and pipe was installed years ago by the owner but this is not a Town issue.

Jesse Pacheco: New lines are being hooked up differently today by Wendy Chen and Paul Rogers. These two restaurants severed themselves from those pipes and chose to go another way. Fire Chief Robert Martin: Due to the main line going to Main Street, the pipe has been compromised and is probably “crushed.” Ron indicated that it probably is a clay pipe on private property. (LK) We will check into that and find out what happened in the parking area in 2001 and let you know. (PS) to check.

Ms. Brown and her son left meeting at 6:18 P.M.

6:15 P.M. Joseph Cortese, Pauline Cortese and Atty. Mark Hodgdon

Atty. Hodgdon related that he has been hired by the Corteses’ to address this issue. Essentially, Mr. Cortese has been running the business since he purchased the property. It is a good business and has expanded. Jesse Pacheco, BI, has requested the Corteses’ file a Variance because of the number of employees and a Special Exception for Home Occupation. Lastly, there is the parking issue which is currently on Town property. He has been using this area since he started the business and has put down gravel several times. I have looked at the aerials and the access back then. The solution may be to lease the Town property, or use his property driveway for parking. (LK) As you will note from DOT letter, “and as the landowner (Town) it is their intention not have a driveway at this location.”

(EN) How can we allow parking without the decision of the Zoning Board?
Atty. Hodgdon: By leasing the land to Mr. Cortese. (EN) Mr. Cortese would have twelve cars parked in driveway and does not own that many cars. (LS) I would like to see the proper process take place and then the Board can discuss the parking issue. (LK) At our last meeting in December, I encouraged you
(Mr. Cortese) to file the proper paperwork. Mr. Cortese: At that time I did not appreciate the urgency and have been encumbered by weather and other issues and I apologize for the missed timeline. (LK) noted that the Corteses’ mentioned expanding to another building and that was the reason the EDC contacted you. (LS) EDC never heard from you either. Mr. Cortese explained that it takes time for this and one has to move slowly to make the correct decisions.

(LK) The main concern is the parking. My suggestion is that you put everything in writing as to what suggestions you may have in this matter and what you would like to do. (AD) suggested that they proceed with the Variance and Special Exception. (LK) This Board (Town) is under threat from the State of New Hampshire concerning this property requiring that “all use of this illegal access must cease and desist immediately.” Mr. Cortese: The State has indicated that they are willing to work with the Town on this.

Atty. Hodgdon noted it would take some time to correctly complete the Variance application which might be difficult to do in a short period of time but would try to do it expeditiously.

(LK) At this point I suggest you vacate the Town property. Town counsel has recommended you vacate the property. All requests you have should be put in writing. (PS) clarified the individuals parking in this area are employees as opposed to private contractors. Atty. Hodgdon: I will be happy to talk to Bill Rollins (DOT). (LK) Everything should be in writing. (LS) I would like to see the paperwork completed and then we can move forward from there and until that happens, it is hard to say “Yay/Nay.” (PS) Once I have received everything in writing I will contact Bill Rollins (DOT).

The Corteses’ left at 6:50 P.M.

6:30 P.M.: Bryan Locke

Bryan Locke: I am requesting to make payments on my taxes. I have gotten behind. (PS) As you will note by the spreadsheets prepared by Erica, he has three lots. As explained to me by Erica, (Tax Collector), in order to recover the property, payment must be made in full per Statutes. Bryan Locke: I could pay $1,000 a month. (PS) Taxes alone are in arrears in excess of $31,000. (LS) Have you made any arrangements previously about paying taxes? Mr. Locke: No.

(LK) Statutes note that payment must be made in full. Right now the Deeds are in the name of the Town. It would have been a different situation had you contacted us previously. Mr. Locke questioned whether the property could be repurchased by him. (PS) indicated that the properties are going to auction in late spring and he has until that time to pay the taxes in full. (LK) This is a hard thing to do but once it comes to this point, we have to follow State Statutes. (LK) offered to recheck for him and let him know by tomorrow if there are any other options.

Mr. Locke left meeting at 6:54 P.M.

7:00 P.M.: CNHRPC (Matt Monahan) Re: RSA 79-E

Matt Monahan offered an update on Rustic Crust and the possibility of utilizing RSA 79-E at completion of the rebuilding of the business. It is noted in RSA 79-E that replacement or rehabbing of business can allow Board of Selectmen to delay increase of taxes. However, right now the area designated for RSA 79-E relief does not include the property involved. The area was defined at Town Meeting so a Public Hearing (within fourteen days) must be held to revise the zone to include the area owned by Rustic Crust. The notice must be posted in two places (Website) and the newspaper. Hearing was scheduled for April 15, 2014 at
6:30 P.M. (PS) to do. Matt Monahan was requested to be present at that meeting and he agreed.

(LS) Motion to schedule a Public Hearing on April 15, 2014 to expand the relief area included in RSA 79-E. (AD) Second. Carried 5-0.

Matt Monahan left meeting at 7:05 P.M.

NON-PUBLIC SESSION

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

Board went into Non-Public Session at 7:07 P.M.

Board returned to Public Session at 7:18 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?

Lawrence Konopka, Chairman Y
Eric Nilsson, Vice-Chairman Y
Linda Small N
Gerard LeDuc Y
Albert Douglas N

Motion made by (GL) and Seconded by (EN) 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 3-2 (LS) & (AD). Individual members of the Board were polled:

Lawrence Konopka, Chairman Y
Eric Nilsson, Vice-Chairman Y
Linda Small N
Gerard LeDuc Y
Albert Douglas N

Board returned to Public Session at 7:18 P.M.

Break: 7:20 P.M. Resume: 7:23 P.M.

7:25 P.M.: Appointment Paul Rogers

(LK) Paul Rogers has requested to address Board.

Paul Rogers: The sewer problem on my property on Main Street has been solved. There is a Permit fee of $150 which I am requesting to be waived. None of this was covered by insurance. All of it has been “out of pocket” and I am seeking a Waiver or a reduction of fees. Also, since December, I have taken care of my own sewer problems and I would like to request a Waiver for the last quarter on sewer bill. (LK) suggested he put this information in writing and Board can address it at the next meeting. Paul Rogers: I have talked to Ron Vien and he noted he would approve it also. Board agreed if submitted in writing, they would address it at the next meeting.

AGENDA REVIEW

(GL) Aqueduct Purchase Committee Re: George Sansoucy. (PS) Appointment – Cheryl Brown – Sewer Back-up, Consideration for Action on Planning Board Recommendation Re: AHG Legal Bills, Consideration of Letter to the Editor, INFORMATION ITEMS: Panel Committee for Town Administrator, RSA 79-E Information, Fire Marshall Report Re: Library.

NEW BUSINESS
ACTION ITEMS

1. Appointment of Selectmen Representatives to Board and Committee

Please see attached list.

2. Consideration of Appointment to the Conservation Commission

(LS) Motion to approve Owen David for the Conservation Commission per recommendation of Chair Conservation Commission. (GL) Second. Carried 5-0.

3. Update Computer Passwords for Distribution to the Selectmen

(LK) In the past, computer passwords were given to the Chair of BOS. Is the Board agreeable with that? (LS) I was previously, but after reading the policy, I have some questions about this. With the current Board members, it would be fine but in the future there might be some security issues. I understand the need for this, but I do not think the Board should have them. Board agreed that Cara will be the keeper of the passwords.

(EN) Motion to approve Cara as keeper of the computer passwords.
(GL) Second. Carried 5-0.

4. Action on Recommended Settlement of BTLA Case

(PS) This is as recommended by Avitar.

(LS) Motion to approve settlement of BTLA case for R43, Lot 16 as recommended by assessor. (GL) Second. Carried 5-0.

5. Selectmen to Discuss Rustic Crust and the Application of RSA 79-E and
6. Action on extension of Rustic Crust CBDG

Please see Appointment – Matt Monahan above.

(PS) There is a letter from Donna Lane, CDBG Consultant for Rustic Crust recommending an extension of the grant agreement to December 31, 2014.
(LS) How is this going to relate to the last discussion with meeting the goals of the Grant? (PS) There are some open questions but all parties feel at this point it would behoove the Town to give them the extension and then address the issues.

(EN) Motion to approve extension of the Grant Agreement for Rustic Crust to December 31, 2014. (AD) Second. Carried 5-0.

7. Police Chief: Lack of Quorum at Safety Committee Meetings

Police Chief Wharem: The last few meetings, we never seem to have more than five members. I would like to send a letter to both Unions to request that they appoint members who will attend meetings. Board agreed.

All accident reports should be forwarded to the Board.

8. Selectmen to Review Applicants for Administrative Assistant in the
Police Department

Police Chief Wharem: I have reviewed the applicants with Cara and we will be meeting with Al Douglas to review them further on Thursday. Five applicants have applied.

9. HSA Office Relocation

(LK) We now have a diagram of the proposed office for approval. HSA will be paying for the project. (See attached)

Bill Elkins: By paying for this project, it will put us over budget which we will eventually pay back. HSA Board is reviewing the fee increases.

(LK) HSA will need to pull the appropriate permits and everything should be done according to code.

(GL) Motion to approve configuration for proposed HSA office as indicated on diagram. (AD) Second. Carried 5-0.

Bill Elkins: HSA is developing a list of the contact person for all rental properties which will be distributed to the appropriate departments.

10. Paul Sherwood/ZBA Resignation

(GL) Motion to approve Paul Sherwood resignation from Zoning Board.
(LS) Second. Carried 5-0.

(GL) I would like an exit interview with Paul. (PS) to make arrangements and send letter of Thank You.

11. Grant Survey/Congresswoman Kuster

(PS) This will be completed but if there is anything specific Board would like to include, please let me know. (PS) to do.

12. Consider Action on Planning Board Recommendation
RE: AHG Legal Bills

(PS) Clayton Wood (Chair, Planning Board) has sent a letter to Board of Selectmen recommending the balance in the Escrow Account be applied to the attorney fees already expended and consider this application closed. PB has originally requested additional funds from AHG to cover various expenses incurred. Planning Board has suggested that we do not request additional funds but just utilize the residual funds.

(LS) Motion to approve utilizing Escrow balance of AHG to be applied to attorney fees. (GL) Second.

(LS) Amend Motion to include amount of $1,205.44. (GL) Second. Carried 5-0.
.
13. Consideration of Letter to the Editor

(LS) This is just to try and summarize things. (LK) I think it might be a little confusing. (LS) agreed she would send the letter herself.

INFORMATION ITEMS

1. Fire Marshall Report Re: Library

Fire Chief Martin: We now have a response from the Fire Marshall and the library renovation committee will be meeting on Thursday to discuss the findings of the Plan Reviewer. (LK) Can the funds approved at Town Meeting be utilized for upgrading the recommendations from the Fire Marshall? (PS) Yes, it is consistent with the approval by Town. (LK) This is good news.

2. Panel Committee for Town Administrator

(LK) The panel has narrowed down the interviews to three which will occur on April 4th. The panel will be meeting on March 27th to review the interview process.

3. RSA 79-E Information

Please note Page 4 above: Appointment Matt Monahan, CNHRPC

4. Aqueduct Purchase Committee

(GL) George Sansoucy has agreed to propose the development of a preliminary report on the municipalization of Pittsfield Aqueduct Company at a cost of $30,000. Committee has decided to offer the fees in increments. (AD) Mr. Sansoucy has explained it pretty well and is charging the same fee as was suggested in 2011. Fred Okrent: If the Town decides to go forward with this, all upfront costs are recoverable when doing the bond.

(PS) Committee should establish a payment schedule along with the Contract. Once this has been achieved, Board can then take action on the Contract, etc.

(EN) Motion to approve Aqueduct Purchase Committee negotiating a Contract and payment schedule with George Sansoucy. (LS) Second. Carried 5-0.

OLD BUSINESS

None.

APPLICATIONS and WARRANTS

1. Supplemental Tax Warrant Tax Map R26, Lot 1

(PS) You will note that the letter from Avitar offers an explanation for this.

(EN) Motion to approve Supplemental Tax Warrant for Tax Map R26, Lot 1 as proposed by Tax Collector. (GL) Second. Carried 5-0.

CHECKS and MANIFESTS

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

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

MINUTES

1. Public Session Minutes of March 4, 2014

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

2. Non-Public Session Minutes of March 4, 2014

(EN) Motion to approve Non-Public Session Minutes of March 4, 2014.
(GL) Second. Carried 5-0.

PUBLIC INPUT

Bill Elkins: Do you recommend getting bids for the proposed HSA office?
(LK) That would be up to HSA. One or two bids might be a good idea.
At some point, you can consider increasing your budget to cover the costs of this renovation. It would be appreciated if you would please keep us informed of the progress either through Jesse or Paul.

Bill Elkins: We have two applicants for the HSA position.

Jesse Pacheco: It is a good idea that Board is considering enlarging the 79-E area. I am looking into the Shoreline Protection also involving the Rustic Crust rebuild as they are planning to extend the structure.

Jesse Pacheco: Getting rid of some of the Town owned properties may help the tax rate.

I am sorry to see Paul Sherwood resigned from Zoning Board.

I read the article in the Concord Monitor and there were a lot of errors and perhaps, someone should reply to the article. They were wrong on quite a few points.

Jesse Pacheco left meeting at 8:25 P.M.

NON-PUBLIC SESSION

(LS) If you are going to further discuss the matter previously addressed in Non-Public, then I am going to EXCUSE myself, not recuse myself from Non-Public Session. (AD) noted that since he also did not vote with the rest of the Board on this matter, that he also would EXCUSE himself from the Non-Public Session.

Selectman Small and Selectman Douglas left meeting at 8:28 P.M.

Break: 8:29 P.M. Resume: 8:33 P.M

(EN) Motion to go into Non-Public Session per RSA 91-A:3 II (e) – Consideration or negotiation of pending claims or litigation which has been threatened in writing or filed against the Town or any subdivision thereof, or against any member thereof because of his membership in such body, until the claim or litigation has been fully adjudicated or otherwise settled and 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 3-0. Individual members of the Board were polled and all agreed.

Board went into Non-Public Session at 8:35 P.M.

Board returned to Public Session at 8:50 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 (EN) 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 and render the proposed action ineffective. Carried 3-0. Individual members of the Board were polled and all agreed.

ADJOURNMENT

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

Meeting adjourned at 8:50 P.M.

Approved: March 25, 2014

______________________________ _____________________
Lawrence Konopka, Chairman Date

I hereby certify that these Minutes were recorded by me on March 18, 2014, transcribed and publicly posted on
March 20, 2014.

__________________________________________
Delores A. Fritz

2 Attachments
Olympus: 2.13.08