November 18, 2014 Minutes

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

MEETING MINUTES OF TUESDAY, NOVEMBER 18, 2014

CALL TO ORDER

Call to order at 5:00 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), Michael Williams (MW),Town Administrator, and Delores Fritz, Recording Secretary.

MEMBERS ABSENT:

None.

PUBLIC INPUT

Fred Hast: What is being discussed about Shaw Road? I would like some answers tonight since I can’t be here. (EN) indicated that the Board would be addressing this at the scheduled time of 6:00 P.M. Fred Hast: What you have done at the end of the road is enough. (EN) As I noted, we will be discussing this a 6:00 P.M.

Fred Hast: What are the funds for pertaining to the WWTP? (MW) It is for the Inflow/Infiltration Study for the Town. This is related to the water discharged into the sewer collection system. Town did qualify for a Federal grant for further investigation with video inspection of sewers to see what problem exists. The camera that the WWTP has goes into the sewer system about 200 ft. and this particular camera can do the entire sewer system. Fred Hast: Is this at no cost to the Town? (MW) Yes.

Fred Hast: The Town Administrator at a recent meeting gave paperwork to the Board of Selectmen about Shaw Road and said all residents signed it…. which is not true. You tell the citizens only half the story and we do not trust you 100%.

Lynn Nagle: I also have concerns about Shaw Road. (EN) We will be addressing this at 6:00 P.M. via an appointment with Mr. Davidson.

Close Public Input

AGENDA REVIEW

(GL) Information pertaining to BOS quorum on Election Day; (EN) Update on Legal Fees; during the course of the meeting (LK) added Planning Board meeting.

NEW BUSINESS
ACTION ITEMS

2. Nancy Bates – Reimburse Veterinarian Bill

(MW) Nancy Bates met with me last week to discuss Town reimbursing veterinarian bill she received because of a complaint that was forwarded to the Animal Control Officer. Ann Taylor received this complaint. She used a standard scale to evaluate the animals (two horses) and rated one horse as moderately thin and the younger horse questionably thin. (MW) I recommend that the Town not pay this bill for Nancy Bates. Anne Taylor, Animal Control Officer is present tonight to answer any questions you might have.

Anne Taylor: The Veterinarian recommended the younger horse could put on a little weight. (AD) Was her recommendation stated in her report? Anne Taylor: It was. (AD) Was the cost of $105 for one horse or for both? (MW) For both horses. (AD) How did you make your determinations on this? Anne Taylor: I used a 1-9 scale and rated the older horse at 4 and the younger one at 3. (LS) Has this been done before? What is standard? Anne Taylor: She explained the standards for inspecting animals noting that she would also try to determine the history of the animal.

(LS) Motion that at the recommendation of the Town Administrator and the Animal Control Officer, Town deny request to reimburse Nancy Bates for veterinarian costs. (GL) Second. Carried 5-0.

3. Letter to DOT Regarding Paving in Town

(MW) Selectman Nilsson requested that this letter be drafted and approved/signed by Board to pave the State roads in Town.

(LS) Motion to approve letter as presented. (GL) Second. Carried 5-0.

(GL) The roads do need to be done. Board signed letter and it will be forwarded to DOT.

4. Transfer $163.20 from Ambulance Fund to General Fund

(LK) Motion to approve transfer of $163.20 from Ambulance Fund to General Fund. (LS) Second. Carried 5-0.

4a. Elections and Board of Selectmen

(GL) I have talked to the State Representative pertaining to the need for a BOS quorum during day of elections. There is a “gray area” on this and it is being over interpreted. The State Representatives are attempting to straighten this out so that only one Board member needs to be present during the course of the day during elections, though a quorum will still be required during the vote count. I will be talking to other Town Board members about testifying at the House and Senate to plead this matter.

4b. Update on Legal Fees

(MW) To date we are waiting for upcoming bills pertaining to ZBA Appeal and Evictions but we have tapped out the budgeted $3,500.

INFORMATION ITEMS

None.

OLD BUSINESS

5. PCDC Abatement Request Pending

APPLICATIONS and WARRANTS

6. Property Tax Warrant

(LS) Motion to approve Property Tax Warrant for $3,652,343. (GL) Second. Carried 5-0.

CHECKS and MANIFESTS

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

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

MINUTES

7. Public Session Minutes of November 4, 2014

(LS) Motion to approve Public Session Minutes of November 4, 2014.
(AD) Second. Carried 5-0.

8. Non-Public Session Minutes of November 4, 2014

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

REVIEW DRAFT BUDGET

(MW) It should be noted that the Budget accounts for 53 pay periods this year instead of 52 so lines show increases. (LK) Also, there is the former Fire Chief Retirement System settlement. (MW) There is an additional $25,000 for this. (LK) The way that I estimate it is that the Budget is down.

(MW) Budget includes a proposed part-time position as an office assistant as back-up for Cara. Bonnie would be the best individual to do it. Welfare costs are way down this year and she is doing an excellent job in that department. This would not be for creating a job for Bonnie but rather expanding her position which will ultimately be for full-time and would include benefits. The rationale for this is that Town consistently gets “hit” by the Auditors each year about a back-up for Cara’s position including the payroll. I have attempted to struggle through it but I am not an accountant. We would still be coming in under budget.

(MW) Additionally, for the Highway Department Budget, George is suggesting hiring Glen Vulner for ten months out of the year rather than the eight months that he is currently employed with Town. Of this, 75% would be with the Highway Department and the other 25% would be Building Maintenance. This would be money well spent on both fronts. This would involve two new employees at about $10,000 less than last year. I think we are doing pretty well.

(LS) I think Bonnie would be a good selection. What about splitting Glenn’s time between two departments? George Bachelder: I am proposing using Glenn as much as we can to do various things such as oil changes for Highway, Ambulance, Fire, fixing generators, etc. which we have paid for in the past at a large fees. I think he can save the Town a lot of money because of his expertise. Highway Department would share him the best that we can. (MW) I think this would work pretty well. Glen’s work would be prioritized George: Glen is so good as to what he can do. He is a mechanic as well and can fix just about any vehicle and anything. He would be a valued employee. (AD) It sounds like he has a lot of talent. George: He has a lot of talents. (LS) We have talked about having a maintenance position like this for years. (MW) We rely on Jesse way too much.

BUDGET (Revised as of November 18, 2014)

Highway Administration:

Page 18 – As presented.
Page 19, Line 359 Paving and Reconstruction: Change from $71,078 to $162,208 (Safe Routes to School)
Page 19, Lines 34, 365, 368, 367, 368 –Facilities Maintenance: Increased costs due to Glen’s position – shared costs.

George: These are the two biggest impacts. Funds have been added to the Gasoline line.

(EN) What about Page 20, Line 407 Storm Sewer Maintenance? George: We spent a lot of money on the basins. We have done a few this year but not all of them. The $2,000 is for cleaning the basins.

(LS) There are really no big additions. There is the Safe Routes to School and the new position (Glen).

George: December is a big fuel month. (LK) I see overtime is down. George: We have about $7,000 left in overtime and let’s hope December is not a bad weather month. My guys are good about going home when they can to avoid overtime. (LK) There is $7,000 left out of the $20,000 budgeted.

George: There are a couple of issues we need to work on – Pool for one and the Dam which we have till 2017 to be fixed according to the State. (MW) have they given you a cost for the Engineering? George: No, but it should be far less than anticipated. (EN) Talk with Mike regarding a Warrant Article.

(LS) Motion to approve Highway Department budget as proposed.
(AD) Second. Carried 5-0.

(LS) George, thank you for your efforts.

Police (Revised as of November 18, 2014)

(MW) I have discussed with Police Department regarding their Budget.

(MW) Page 10: Line 141 Health Insurance – There is an adjustment on this because the new officers opted out of the health insurance.

Line 149 – Uniforms – Budget notes $6,000 for uniforms. Jeff noted that the current uniforms they have are not very durable. They would like to go with new uniforms which are much more durable and cheaper. The cost for the entire PD would cost about $6,000. Jeff would like to have all the officers in the same uniform.

Line 150 – Bulletproof Vests – Several need to be replaced on a regular basis.

Page 11: Line 179 – Training has been overspent. Jeff is asking for $2,500, there should have been some funds from the last grant but it came out of Town part.

Line 196 – Electronic Communications – The $6,000 is an annual cost for data services.

Line 198 – Software Maintenance Services – State has switched to tablet use.

Page 12: Line 211 – Department Supplies – The $6,000 should be coming down due to ammo costs when department switches to another cheaper ammo by changing gun barrels and calibers.

(LS) There is a 5-6% increase which is not good. (MW) There are a lot one-time expenses. We can review this again later. (LK) When are the budgets do? (MW) By the month of December but I am unsure of what date. (EN) We start at
5:00 P.M. and can devote one-half hour per budget by doing the two big main ones.

Board agreed they would meet on December 2 and December 9th at 5:00 P.M.

Waste Water Treatment Plan (Revised as of November 18, 2014)

Page 31:

(MW) as you know, we have privatized the WWTP and the contract costs are reflected in this budget.

Page 32: Line 70 – Sewer Fund 15% of Budget – We can hold back 50% of these funds. Cara’s recommendation is to put the funds into the Capital Reserve Fund. (LS) I thought that the Budget would be the same, not higher. (MW) The line item is the operating budget. There are some updates that are being required by the State but Utility Partners has estimated that they can get a lot of these requirements waived and which can be done maybe five years down the road when we are more prepared.

(LS) Motion to approve the WWTP budget with the exception of Line 70 (Sewer Fund 15% of Budget – $35,000). (GL) Second. Carried 5-0.

Executive (Revised as of November 18, 2014)

Page 1: Line 7 Office Assistant – This is increased because of the Office Assistant position along with Health Insurance and includes only minor changes.

(LS) Motion to approve Executive Budget as presented.
(GL) Second. Carried 5-0.

Elections, Registrations, & Vital Statistics (Revised as of November 18, 2014)

Page 2:

(LS) Motion to approve Elections, Registrations, & Vital Statistics Budget as presented. (GL) Second. Carried 5-0.

Financial Administration (Revised as of November 18, 2014)

Page 3: Line 56 Auditing Services – Why has this jumped from $22,000 t0 $30,000? (MW) to check.

Revaluation of Property, Legal Expenses, & Personnel Administration
(Revised as of November 18, 2014)

Page 5: (MW) The revaluation of property is all standard except for the legal services, asking for $40,000. We have a couple of situations pending that hopefully will not be repeated. $40,000 is a good estimate; we have deeded a lot of properties.

(LS) Motion to approve Budget for Revaluation of Property at $31,932.
(GL) Second. Carried 5-0.

(LS) Motion to approve Legal Expenses Budget for $40,000.
(GL) Second. Carried 5-0.

(MW) explained the current situations concerning the 33 & 37 Main Street properties. (LS) Can we recoup any of these expenses? (MW) Yes, the legal fees.

PUBLIC INPUT

Fred Hast: I am wondering about the piece of paper with signatures pertaining to Shaw Road paving that supposedly all residents f Shaw Road signed – not true. Some people are getting flyers in their mailboxes. I think what they have done right now is sufficient. They should have speed bumps to slow people down. They come up/down at 25-30 MPH and speed bumps would make people slow down. It is a scenic road.

APPOINTMENTS

(EN) This is not a Public Hearing concerning Shaw Road but rather an appointment with Tom Davidson to discuss his concerns.

1. 6:00 P.M.: Tom Davidson – Concerned about Shaw Road Paving

Tom Davidson, 146 Barnstead Road: I have some questions and concerns about the paving. In the Board’s Minutes of September 16th, it says that all residents of Shaw Road had signed that document and that is not the case. I would like the Minutes changed to reflect this.

What is going on, what is the status of the paving? My lawn is all marked up.

(EN) The previous Town Administrator had submitted a Warrant Article to reconstruct the entrance to Shaw Road. This Warrant Article kind of fell through the cracks. George Bachelder recommended having that area surveyed to get a step ahead of the Warrant Article Town vote as to what the Town wanted to do. This came out of the Highway operating budget. George noted that it was originally in the budget for paving but then declared as a “scenic road” which prevented him from continuing.

Mr. Davidson: I am concerned about the markers; they really cannot put a post in due to drainage there and should know about this but apparently do not. The present patch is adequate and Town does not need to pave that area. If so, my house is going to have water. George: We will be paving up to the catch basin.

Mr. Davidson: It will leak into my septic system. I bought the house about
14 years ago with the road the way that it is. I sympathize for the people on the road. They used to ride their bikes and jog there but cannot do it any more as it has become a highway. Farther up the road you do not see what we see. Paving the road has caused an increase in speed up the hill. Next the BOS will want to go further. It will ruin it. I bought my house there because of the way it is. They are also damaging trees up there. The “petition” that was signed against this is misleading. I discussed this with the people who signed it.

Mr. Davidson: One year they took three to four feet of my lawn. (MW) That is why it was surveyed so that we would know exactly where the road it. As far as I know, no one has requested a Warrant Article for paving. There is nothing in the works for that. Mr. Davidson: Why did we spend Town money for this survey? (MW) Because of the controversy as to whether it was a two rod road. It was noted that it was made a three rod row but evidence is not conclusive. It is considered as a two rod road.

Mr. Davidson: In regard to that petition, it requires 25 signatures for it to be legal. (MW) This is not a request to pave the road. Mr. Davidson: I now have a Petition started and will be getting signatures – not all residents want this. Notice was given to people which was hand delivered which is against the law. They should not be doing this. People think we are being “jerks” but cars are going way too fast on the road and there are kids, hunters, and joggers. I would like to see it maintained as a scenic road. I do not want it paved nor do the Town residents.

(EN) I do recall last fall that there were concerns about sliding when coming to the STOP sign and was a safety issue.

Lynn Nagle: I also have some concerns. The information is misleading. Someone said it was just going to be at the start of the road. I live at 23 Shaw Road and have clocked cars traveling at 50 MPH. It is very hazardous. I thought you would be paving a lot more of the road. I am wondering how this got started. There have been flyers in mailboxes explaining to people how it is going to affect them. We felt like something was going on that they did not want residents to know.

In the Registry of Deeds from 1958 plans there is some mention of an easement. However, I have not been able to find any documentation on this.

George: All road show a layout which is forever. Shaw Hill Road was a three rod road but changed. A two rod road is sufficient for travel to commence both ways. Town has the right to use the entire two rods.

Lynn Nagle: It would be difficult to research to find the easement because of the trading that went on and the markers that were used may not be existent any more.

Wayne Gallup: I circulated the Petition. I personally contacted Larry Konopka about two years ago but did not realize it would require a warrant article.

I have travelled a lot in my job over the years, and I have never seen a road in such poor condition. People do travel too quickly but people in New Hampshire have a tendency to drive fast. Speed enforcement is the issue and speed bumps make no sense. At the end of the road there is gravel which can be a safety issue.

I know Mr. Hast and Mr. Davidson have had water problems and those issues need to be addressed. Why not pave a short piece of it to give safe access to the road? It is not the condition of the road but rather an issue of law. People knew what they were signing and people are upset that the road was left the way it was. I was asking the Town to fix that road and do not need a Warrant Article for that. The trenches need to be fixed. Range Road residents are also concerned.

Norma Konopka: George does a fantastic job keeping the road cleared, but it is a dirt road. Even the school bus has a hard time going up the hill and it requires a lot of maintenance. It is a narrow road and the road matter is very loose.

George Bachelder: To give you a little background, we always have trouble with that road when we have heavy rains. We put in a new catch basin, telephone poles were moved and we were originally going to asphalt down the whole road. We were going to pave 300 ft. of the road a couple feet wider at a price of $45,000. The whole hill was then declared as a scenic road and the project was abandoned. We have tried to get the gravel from washing away.

Larry Konopka: As you know, I have recused myself from this whole project. There have been rumors that I have something to gain from it. Wayne came to me a while ago and I told him to put it in writing just like I would tell anyone else to do if they had an issue. The Warrant Article somehow or another fell through the cracks. Even when I get deliveries, they tell me Shaw Road is the worst road in Town; some of my employees will not even drive up my road. Cars scrape their bottoms and there was a request for the Board of Selectmen to do something. Speed bumps are a nuisance and public safety is the issue. This has been blown up.

I would like to follow the recommendations of the Highway Department regarding the road. They had the survey done before they did anything else. I never requested the survey, George Bachelder did and the Board approved it.

Mr. Davidson: I have talked to Barnstead about this and they have no complaints regarding their side of Shaw Road. They are happy with the way that it is.

Lynn Nagle: My husband Charlie and I like the way the road is patch fixed.

Wayne Gallup: The owners of 51 Shaw Road paved themselves in front of their house. They have complained about the hill and a catch basis down there would be fine.

Charles Nagle: At my end of road, the road has only been graded once this year and they have not graded it as much as they used. George: We grade roads twice a year. This year we could not touch that road as it was hard as cement so we skipped it this year. Charles Nagle: There have been dump trucks using the road down there for a garage they are building in that area. All spring and fall they were running up and down the road and they are going to cave in the road. There are cars going 50 MPH in a 30 MPH zone and there are no cops to enforce the speed limit. They fly by even in snowstorms.

Wayne Gallup: I think we are asking for better conditions not necessarily paving. George Bachelder: We are planning on paving only 300 ft. Larry Konopka: Even the school bus has issues up there. George: We cannot plow it at the same time there is a school bus on the road.

(EN) If anything else comes forward or develops, we will make you aware of what is happening. Thank you for your input.

Break: 6:55 P.M. Resume: 7:01 P.M.

Selectman Konopka returned and was seated on the Board.

The Board wanted to further discuss Shaw Road.

Selectman Konopka recused himself and was seated in the audience.

(EN) Motion to approve submitting a Warrant Article ($45,000) and let the citizens decide about the paving of part of Shaw Road. (LS) Second.

Discussion: (LS) Why is it something that should be fixed? (AD) There is a perception that there is already a Warrant Article. (EN) There is not a Warrant Article in place yet. (MW) We can draft a Warrant Article.

(EN) Withdraw Motion. (LS) Withdraw Second.

Selectman Konopka returned and was seated on the Board. (7:04 P.M.)

Board again decided to discuss Shaw Road.

Selectman Konopka recused himself and was seated in the audience. (7:05 P.M.)

(AD) I agree that something should be done but I am wondering if there is another way to do it. (MW) George and I have discussed this including the Shaw Road Bridge project. George: I would hate to pave it and then have it destroyed.
(LS) We could check with Cara to determine if there are funds for the Shaw Road Bridge project. (Board was able to determine that funds for this project is $67,000.) How long would the temporary fix be good for? (MW) It would break up probably within a year. Board decided to do some additional research on this before making any decisions.

Selectman Konopka returned and was seated on the Board. (7:10 P.M.)

NON-PUBLIC SESSION

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

Board went into Non-Public Session at 7:11 P.M.

Board returned to Public Session at 7:17 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.

OTHER

1. Planning Board

(LK) I attended the Planning Board on November 6th. They have decided to abandon the proposed definition changes for the Zoning Ordinance. Chairman had hired an engineer (not Louis Berger Group) without Board approval regarding the Wood subdivision.

(MW) Apparently the Chair Clayton Wood did not get Louis Berger Group to respond in time so engaged and hired Michael Vignale of KV Partners LLC. The Planning Board Members were upset by this. He was never properly authorized to hire this individual. Will this Board be responsible for paying for these services or will it be deferred back to the Planning Board? (GL) Louis Berger Group is the Town engineer; technically he is not allowed to go out and hire anyone else.

(LK) There is a joint meeting of the Planning and Zoning Board on November 20th.

ADJOURNMENT

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

Meeting adjourned at 7:22 P.M.

Approved: December 16, 2014

___________________________ ______________________
Eric Nilsson, Vice-Chairman Date

No Attachments
Olympus: 1.05.54

I hereby certify that these Minutes were recorded by me on November 18, 2014, transcribed and public posted on
November 26, 2014.

__________________________________________
Delores A. Fritz, Recording Secretary