March 4, 2014 Minutes

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

MEETING MINUTES OF TUESDAY, MARCH 4, 2014

CALL TO ORDER

Call to order at 6:00 P.M. by Eric Nilsson, Vice- 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

None.

AGENDA REVIEW

(GL) Suncook Valley Regional Town Association Meeting, Elections;
(LK) Letter from Town of Sanbornton; (PS) Appointment with Wendy Chen, Housing Standards Agency/Office Location, Fair Hearing Board Appointments, Employment Policy for the Engagement of the Town Administrator, Panel Committee for Town Administrator.

NEW BUSINESS
ACTION ITEMS

1. Consideration of Appointment to the Conservation Commission

(PS) We have an application from Owen David requesting appointment to the Conservation Commission. I contacted Chris Hill last week, but have had no response. Board agreed to await Conservation Commission recommendation prior to appointing. This will be addressed on the next Agenda.

2. Consideration of Appointment to the Economic Development Committee

(PS) We have an application from Donna Ward requesting appointing to the Economic Development Committee. (LS) As a member of the EDC, I would like to recommend this appointment.

(LS) Motion to approve appointment of Donna Ward to the Economic Development Committee. (LK) Second. Carried 5-0.

3. Avitar’s Recommendations on 2013 Property Tax Abatements

(LK) Motion to approve recommendations for 2013 Property Tax Abatements as recommended by assessor. (GL) Second. Carried 5-0.
(Please see attached.)

4. Recognition of Veterans in Town Hall Lobby

(LK) I would like to see a letter of Thank You sent to Ammy Ramsey for all her efforts. (PS) This is primarily the work of Ammy Ramsey and I will extend the Board’s “thank you” to her.

5. Housing Standards Agency Office Location

(LK) This is something that was proposed to the Board last week; however, there is a code violation to be addressed per the Building Inspector.

Jesse Pacheco, Building Inspector: There was some discussion about relocating HSA downstairs within the Welfare office and moving door to the opposite wall. He noted that there was a ventilation and open space concept requirement which would not exist by moving this door as originally planned. This would require a “special door” to be purchased to comply with the codes. We can redesign it without a door in place and make it work.

Bill Elkins: Obviously HSA should be moved and I am all for moving it to the downstairs location. Size wise, as long it is not any smaller than what we have now. (LK) Are you okay without it having a door? Bill Elkins: I think there should be a door. I am not sure how many people would be going in and out. (LK) I think we will have to do some research in this matter.

Jesse Pacheco, Building Inspector: The other issue is whether the Town should be paying for this or should it be HSA? (PS) HSA is a separate entity from the Town. I would assume that he could discuss with the rest of that Board in reference to raising the revenue and potentially paying for the alterations.
Jesse Pacheco: If they had to rent a space, the fees would have to go way up.
Bill Elkins noted they were working on that.

(LK) I have checked with Bonnie and she is okay with the proposed renovation and advised her that we would have to check into the code violation. I think we could table this for now until we can solve the problem. I would not want to “renovate” that office and not follow the codes. Bill Elkins: What are the costs
for the door and the ventilation issues? (LK) Board had approved $700 for this.
I would rather see a door in place but we are going to have to do a little more research to see how this can be done.

6. Fair Hearing Board Appointments

(PS) Board has two volunteers for appointment to the Welfare Fair Hearing Board – William Boudreau and Denis Beaudoin. (GL) It is a rarity that this Board meets, but it is necessary.

(LK) Motion to approve appointment of William Boudreau and Denis Beaudoin to the (Welfare) Fair Hearing Board. (AD) Second. Carried 5-0.

(PS) will request they be scheduled to come in for next Board meeting to meet Board.

PUBLIC HEARING

6:20 P.M.: Amendment to Traffic Control Ordinance

(LS) read into the Minutes the Public Hearing for Traffic Control Ordinance, Proposed Amendment Number 9, March 4, 2014. (See Attached.)

Public Input

Owen David: My wife (Valerie) and I support this Amendment and greatly appreciate the Board considering this and approving.

Close Public Input

(LS) Motion to approve the Traffic Control Ordinance Amendment 9 as read into the Minutes. (LK) Second. Carried 5-0.

(EN) George will take care of the signs? (PS) Yes.

NEW BUSINESS/ACTION ITEMS Continued

7. Employment Policy for the Engagement of the Town Administrator

(LK) Does the Board want a Contract for the Town Administrator or hire “at will?”

(LS) Motion to approve hiring Town Administrator on an “at will” basis versus a Contract. (GL) Second. Carried 5-0.

(AD) Can you reiterate the difference? (LK) They are basically the same but if hired on an “at will” basis can be terminated for cause.

APPOINTMENTS

6:30 P.M.: Ruairi O’Mahony – Safe Routes to School

Ruairi O’Mahony and Mike Tardiff, Director were present.

(PS) To apprise you of the status of the project, Selectman Konopka and I met at the DOT with Bryan Lynch to discuss this project and the next step in the process.

Ruairi O’Mahony offered a brief description of the background of the project and where the project presently stands. He noted that this is one of the last 100% funded Federal Grants. The next step is to hire an engineer according to the DOT requirements and new Federal Regulations. At this point, the Town has the option of either staying with the engineer selected (DuBois Engineering Associates) or start the process from scratch by selecting a new engineer which probably would be the second-ranked firm. Mike Tardiff: The issue is to have someone certified within the Town to oversee the process. Mr. O’Mahony: There are two days of training involved and the individuals should probably be a Road Agent (Phil Gordon) who would oversee the infrastructure and an Administrative person
(Cara Marston) for the paperwork and billing part.

Mike Tardiff: The key issue will be the contract. (LK) Bryan Lynch recommended utilizing the engineer originally suggested as a second choice. Mike Tardiff: Bryan Locke supplied us with some good advice for the project. (LK) He recommended approval of the No. 2 engineering firm (KV Partners, LLC.)

(PS) Should the Board choose KV Partners LLC, a letter will have to be sent to DuBois Engineering that the contract is severed. Mr. O’Mahony indicated that he can provide the “text” that could be utilized for this letter.

(LK) Motion to approve KV Partners, LLC for the Safe Routes to School Project. (LS) Second. After Discussion: Carried 5-0.

Discussion: (AD) You will provide us with all the printed information?
Mr. O’Mahony: Yes, I will work with Paul Skowron to satisfy all the requirements and hopefully we can have this all accomplished by the time Paul leaves on
March 28th. (LK) Could you work with the Town Administrator to get the letter prepared? (PS) The issues have been identified and I will forward the information to Bart Mayer to author the letter.

Mr. O’Mahony: The Town was never in danger of expending funds that would
not be reimbursable. (AD) If there are any problems, who would Sparky (Phil) or Cara contact? Mr. O’Mahony: Bryan Lynch is the project contact at DOT. CNHRPC will also be the resource for any issues. (LK) CNHRPC will be overseeing what Sparky (Phil) and Cara have to do.

As an addendum: (PS) noted that he has had the opportunity to work with CNHRPC on several different issues and their positive experience and attentiveness in guiding the Town has always been an asset.

Ruairi O’Mahony and Mike Tardiff left meeting at 6:47 P.M.

NEW BUSINESS – ACTION ITEMS Continued

8. Election Day

(GL) I will not be available in the Town Hall on Election Day since I am on the ballot. Board decided when they would be available to appear at Town Hall during the day but all agreed they would be here at 7:00 P.M. when the count is done.

9. Suncook Valley Regional Town Association Minutes

(GL) You all have a copy of the Minutes of this meeting dated January 29, 2014.
“Allenstown is preparing to begin meeting with providers and requesting health plan proposals from each, but needs to understand what level of involvement “ Pittsfield will have in the process. If Pittsfield would like to be part of this process, member towns should:

– Provide a written confirmation from their Board of Selectman to Allenstown’s BOS officially requesting to participate in Allenstown Employee Benefit Study Committee plan option analysis project.
– Identify a representative from their town who can attend the various meetings to be scheduled with insurance carrier to review their plan options.

A request to obtain summary health plan and claim data has already been requested from HealthTrust, which will also be needed to participate in these meetings.

(GL) Perhaps either the new Town Administrator or Cara could go to the meetings and then offer Board some information about the health plans. (GL) will find out when this committee will be meeting and it will be on the Agenda for March 18th.

(LK) Motion to approve to participate in Allenstown Employee Benefit Study Committee plan option analysis project. (LS) Second. Carried 5-0.

10. Welfare Meeting – Towns of Sanbornton/Tilton

(LK) The two towns would like to obtain input from other towns in the area concerning residency and other requirements as noted in the New Hampshire Welfare Laws. The Boards are asking Selectmen/Welfare Officials to attend a meeting on March 26th at 1:00 P.M., Tilton Town Hall to discuss these issues. Board agreed to contact Bonnie to possibly attend and also clarify what the
issues are. (PS) to do.

INFORMATION ITEMS

1. Panel Committee for Town Administrator

(LK) If everyone is okay with the process, there is a meeting of this committee scheduled for Wednesday, March 5, 2014 at 5:00 P.M.

Break: 7:08 P.M. Resume: 7:13 P.M.

APPOINTMENTS – Continued

6:40 P.M. Meggin Dail – Exit Interview

Appointment has been rescheduled to March 18th.

7:10 P.M.: Jesse Pacheco, Building Inspector

Jesse Pacheco, Building Inspector: Board requested I contact Town Attorney regarding 51 Dowboro Road whom I have contacted and now have a response. If Board would like me to draft a letter to Mr. Cortese denoting what he needs to do to go forward, I will do so as soon as possible. I will not be addressing the Town property issue which will be handled by Town Administrator. Board agreed.

7:30 P.M.: Wendy Chen – 42 Main Street

Wendy Chen: She noted that she has had a business in Town for the past ten years, and is now getting an excessive amount of water in the basement. She would like to have a new sewer line from Main Street to the building. She has sent in an application to the State to have an Excavation Permit but since Main Street is a State road, if it is not an emergency, the road cannot be excavated before
April 15th.

(LK) What you are asking for is for the Fire Chief/Board of Selectmen to declare it as a state of emergency? Wendy Chen: Yes.

Fire Chief Martin explained the process by which Town would have to classify as an emergency including the attendance of the State Health Inspector visual evaluation. He also noted the testing Ron Vien and he had accomplished which will be forwarded to State lab. Ms. Chen noted that it is estimated to be a separated pipe and B & S will be coming in for clean-up and repair. The water keeps coming up through the floor. (LK) Even if the pipe is fixed, there may be more issues which you can contact the Fire Chief about – either you or Paul Rogers who is at 44 Main Street (Jitters).

Jesse Pacheco: I am the Deputy Health Inspector and my recommendation is that we get the State to open the road as soon as possible. Permits take a long time in acquisition and if anything happens, it would shut down two restaurants in Town which I would not like to see happen. Prolonging this is not a good thing. I feel it is an emergency and should be addressed as soon as possible.

Fire Chief Martin: I guess this could be classified as an emergency.

(LK) Motion to classify 42 Main Street as an emergency situation for opening the road and authorize Chair to sign documents. (LS) Second. Carried 5-0.

(LK) Chief Martin, could you find out the process we need to follow.
Chief Martin to do so.

(LK) Motion to classify 44 Main Street as an emergency situation for opening the State road and authorize Chair to sign documents. (LS) Second. Carried 5-0.

(PS) Based on the history, independent lines would probably be advantageous.

Wendy Chen and Paul Rogers left meeting at 7:30 P.M.

APPLICATIONS and WARRANTS

1. Sewer Abatement Tax Map R34, Lot 18-1

(PS) Apparently the consumption amounts were switched – 33 Loudon Road and 44 Loudon Road.

(LS) Motion to approve Sewer Abatement for Tax Map R34, Lot 18-1.
(AD) Second. Carried 5-0.

2. Supplemental Sewer Warrant

(LS) Motion to approve Supplemental Sewer Warrant. (AD) Second.
Carried 5-0.

3. Application for Veteran’s Tax Credit Tax Map R20, Lot 12-T1

(PS) Individual qualifies.

(LS) Motion to approve Veteran’s Tax Credit Tax Map R20, Lot 12-T1.
(LK) Second. Carried 5-0.

CHECKS and MANIFESTS

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

Discussion: (LS) Why did one officer work 34 ½ hours and only 23 hours were utilized by part-time police officers? That is excessive overtime. (PS) to check.

(LK) Also, extra hours for HSA. (PS) will check with Bill Elkins.

(LS) Motion to approve Accounts Payable and Checks Register.
(GL) Second. After Discussion: Carried 5-0.

Discussion: (LS) Has the training matter we discussed last week been taken care of? (PS) I have sent several E-Mails but have not gotten a response. (LS) Not getting a response is a problem. If we request something, why are we not getting it? (PS) to check.

MINUTES

1. Public Session Minutes of February 25, 2014

(LS) Motion to approve Public Session Minutes of February 25, 2014.
(GL) Second. Carried 5-0.

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

(LS) Motion to approve Non-Public Session Minutes of February 25, 2014.
(GL) Second. Carried 5-0.

PUBLIC INPUT

Gary Mullins: The next School Board meeting is Thursday, March 13th and it would be nice if Board members could attend.

Close Public Input

NON-PUBLIC SESSION

(LK) 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 and RSA 91-A:3 II (c) – Matters which, if discussed in public would likely affect adversely the reputation of any person other than a member of the Board itself, unless such person requests an open meeting. (LS) Second. Carried 5-0. Individual members of the Board were polled and all agreed.

Board went into Non-Public Session at 7:45 P.M.

Board returned to Public Session at 8:35 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 affect adversely the reputation of any person other than a member of the Board and render the proposed action ineffective. Carried 5-0. Individual members of the Board were polled and all agreed.

ADJOURNMENT

(LS) Motion to Adjourn. (LK) Second. Carried 5-0.

Meeting adjourned at 8:37 P.M.

Approved: March 18, 2014

___________________________ _______________________
Lawrence Konopka, Chairman Date

I hereby certify that these Minutes were recorded by me on March 5, 2014, transcribed and publicly posted on
March 6, 2014.

________________________________________
Delores A. Fritz, Recording Secretary

Attachments
Olympus 1.40.10