November 4, 2014 Minutes


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									<h1 class="entry-title">November 4, 2014 Minutes</h1>
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					<p>TOWN OF PITTSFIELD<br />
BOARD OF SELECTMEN<br />
TOWN HALL, 85 MAIN STREET<br />
PITTSFIELD, NH  03263<br />
_____________________________________________________________</p>
<p>MEETING MINUTES OF TUESDAY, OCTOBER 21, 2014 </p>
<p>CALL TO ORDER</p>
<p>Call to order at 5:00 P.M. by Eric Nilsson, Vice-Chairman.</p>
<p>MEMBERS PRESENT</p>
<p>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.</p>
<p>MEMBERS ABSENT:</p>
<p>None.</p>
<p>PUBLIC INPUT </p>
<p>Bill Elkins:  I notice that the PCDC abatement request is on Agenda tonight.  Will we be addressing that later in the meeting?  (EN)  Yes, later in the meeting.</p>
<p>Close Public Input</p>
<p>AGENDA REVIEW</p>
<p>None.</p>
<p>NON-PUBLIC SESSION</p>
<p>(GL) 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.</p>
<p>Board went into Non-Public Session at 5:01 P.M.</p>
<p>Board returned to Public Session at 5:12 P.M.</p>
<p>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.</p>
<p>Shall the Minutes be publicly disclosed?  	No.</p>
<p>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.<br />
Carried 5-0.  Individual members of the Board were polled and all agreed.</p>
<p>NEW BUSINESS<br />
	ACTION ITEMS</p>
<p>1.	 Utility Partners Contract</p>
<p>(MW)  This is the contract for Utility Partners to service the WWTP, which they have been doing for the past five weeks.  This is a five year contract at a price of about $263,000.  By entering into this Contract, it will save Town over $1,000 a year.  However, a new vehicle is needed which can be provided by Utility Partners at an additional cost and which after five years would become Town property; or Town can continue status quo and recruit new superintendent.  When Ron was Superintendent, he was salaried and received no retirement benefits.  If we hired a new individual for this position, it would increase the costs of the position by about $38,000 per year to cover the costs of the retirement.  The vehicle needs to be replaced and the cost difference with Utility Partners purchasing vehicle would be $273, 104 and the contract without the purchase of vehicle included would be $263,621.  These costs would be re-evaluated every year and may fluctuate.  The only thing required is approval of collective bargaining – which we already have and I would recommend approving contract with vehicle.</p>
<p>(LK)  Motion to approve Utility Partners Contract for $273,104 (including vehicle) for five years.  (LS)  Second.  Carried 5-0.<br />
INFORMATION ITEMS</p>
<p>None.</p>
<p>OLD BUSINESS</p>
<p>2.	 PCDC Abate Request</p>
<p>Bill Elkins, President, PCDC was present. </p>
<p>(EN)  At the last meeting, Board requested PCDC come up with a “game plan.”<br />
Have they done this?  Bill Elkins:  We have had a meeting but a “game plan” has not yet been decided upon.  Selectman Small has reviewed the Articles of Agreement and we have complied with these articles with the daycare, Community Center and the two apartment buildings.  We did not realize the maintenance of the Community Center would drain our expenses.  We really do not want to have the apartments, but that is the only thing keeping us going.  In the past, a lot of our members did a lot of the maintenance work.</p>
<p>(EN)  We understand what you are presently doing, but the Board would like some kind of “game plan” to indicate how PCDC would be self-sufficient. </p>
<p>Bill Elkins:  Tax exemption on the two properties would sustain us.  (LK)  My thought was that you would be coming back with a plan as to how you could be self-sufficient.  Who are your trustees?  Bill Elkins noted members of the PCDC Board.  (AD)  I am in favor of helping the PCDC, but I need something to stand on.  Bill Elkins:  Unless we can find another way to generate income, then……<br />
(LK)  Give us some information on this prior to the actual meeting so that we can review it.  “What is your plan down the road?  Cedric suggested giving the PCDC a hand for two years and then PCDC would be okay?</p>
<p>(EN)  The reason this was under Old Business was to give you time to come up with a future plan.  Let Mike know when you have accomplished this and we will put it on the Agenda as soon as possible thereafter.  </p>
<p>3.	 Selectman Ex-Officio Member of Planning Board</p>
<p>(EN) presented, in writing, his resignation as Selectman member of Planning Board.  (MW)  I have discussed this with (LK) as to who according to Statutes can serve on the Board.  (RSA 673:2 – The selectmen shall designate one selectman or administrative official of the town as an ex officio member………..)  All Planning Board members have to be a resident of the Town.  The Ex-Officio member as noted above can be a “selectman or administrative official” of the Town.  There has been some discussion about me being appointed to this position but I am not a resident of this Town.  I have reviewed this with Town Attorney and Bart Mayer says “Yes” you can be appointed.  Of the towns that I polled, about 50% of them say it is acceptable, the other 50% say it is unacceptable.  This issue has never been entertained by Supreme Court and even though Atty. Mayer indicates that “Yes” it can be done, it would be a test case for State of New Hampshire.  This can be challenged and this proposition could cost up to $25,000 in attorney/court fees.  My recommendation is to “leave it alone.”</p>
<p>(LK)  Motion to accept resignation of Eric Nilsson as Selectman Ex-Officio from Planning Board.  (LS)  Second.  After Brief Discussion:  Carried 4-1 (LK).</p>
<p>Discussion:</p>
<p>(GL)  Eric, could you explain why it is you choose to resign?  (EN)  First, because of work issues and secondly, the leadership of the Board and I seem “to butt heads.”  (GL)  Do you consider it a hostile work environment?  (EN)  Not necessarily a hostile environment.  (GL)  In my opinion, the Planning Board does not want anyone from Board of Selectmen on the Planning Board.  At the last meeting, I think they set the tone for this. They do not want to hear from any of the Board of Selectmen members.  One of the Planning Board members basically said they did not want to hear from me and at the meeting they “jump around” from subject to subject without advising anyone of what they are discussing.    I feel I do not want to serve on that Board.  I was “verbally attacked” by one member and I think I do not want to tolerate that kind of behavior.  </p>
<p>(AD)  Larry, what about when you were on the Board before?  (LK)  It was not the same Board members.  (LS)  The meetings could be more professional.   (LK)  I can be a member of that Board but if I require the help of this Board, I will ask for your help.  </p>
<p>(LS)  Motion to approve Larry Konopka as Selectman Ex-Officio of the Planning Board.  (EN)  Second.  Carried 4-0.  (LK)  Abstain.</p>
<p>	8.  Parade Permit – Pittsfield Elementary School</p>
<p>(MW)  Everything is all in order and it has been approved by Police Department.</p>
<p>(LK)  Motion to approve Parade Permit for Pittsfield Elementary School.<br />
(LS)  Second.  Carried 5-0.</p>
<p>	9.  Meggin Dail Resignation</p>
<p>(MW)  Meggin has submitted her resignation effective October 31st.</p>
<p>(LK)  Motion to accept Meggin Dail resignation effective October 31, 2014.<br />
(GL)  Second.  Carried 5-0.   </p>
<p>(LK)  Letter of Thank You to be sent to Meggin.  (MW) to do.</p>
<p>(LK)  Motion to approve hiring Katelyn Bennett, Step 0 at 20 hours per week.<br />
(GL)  Second.  Carried 5-0. </p>
<p>APPLICATIONS and WARRANTS </p>
<p>4.	 Morrison Veterans Credit Application</p>
<p>(LK)  Motion to approve Veterans Tax Credit Tax Map R44, Lot 2.<br />
(GL)  Second.  Carried 5-0.</p>
<p>5.	 Third Quarter Sewer Billing</p>
<p>(LK)  Motion to approve Third Quarter Sewer Warrant for $103,701.22.<br />
(GL)  Second.  Carried 5-0.</p>
<p>CHECKS and MANIFESTS</p>
<p>(LS)  Motion to approve Accounts Payable and Checks Register.<br />
(GL)  Second.  Carried 5-0.</p>
<p>(LS)  Motion to approve Payroll and Direct Deposit.  (GL)  Second.<br />
Carried 4-0.  (LS)  Abstain.</p>
<p>(LS)  There are some matters that need to be addressed in Payroll which I have already discussed with Mike.  I will not be approving or signing Payroll this week.</p>
<p>MINUTES</p>
<p>6.	 Public Session Minutes of October 7, 2014</p>
<p>(LS)  Motion to approve Public Session Minutes of October 7, 2014.<br />
(GL)  Second.  Carrier 3-0.  (LK) and (EN) Abstain.</p>
<p>7.	 Non-Public Session Minutes of October 7, 2014</p>
<p>(GL)  Motion to approve Non-Public Session Minutes of October 7, 2014.<br />
(LS)  Second.  Carried 3-0.  (LK) and (EN) Abstain.</p>
<p>PUBLIC INPUT</p>
<p>Fred Hast:  At last meeting, I spoke about the Minutes not being up-to-date on the Website and someone from the audience checked and said that they were up-to-date.  When I got home, I checked and it was not up-to-date.  Last week’s meeting was not there today.  (LK) explained that Minutes are posted on the Website once they are approved by Board and then posted, so last week’s Minutes would not be on the Website until this week.  Fred Hast:  You don’t post the DRAFT?<br />
(LK)  No, not until they are approved.</p>
<p>Fred Hast:  What about the Men’s Rest Room?  It is still not finished, what is holding you up?  (EN)  It will be done by the end of this week.</p>
<p>What is the problem with the Planning Board?  (EN)  I have resigned from the Planning Board.  It was my decision to make.  Fred Hast:  Why can’t that Board get along with other people?  (EN)  That is something you will have to ask them.</p>
<p>Fred Hast: What is left in the WWTP budget?  (MW)  I do not have the numbers available to me right now.  Under the current operation, a new superintendent would increase the costs by $38,000.  Fred Hast:  How many hours will they be there?  (MW)  Full-time, same as previously.  Everything will be operating exactly as it was before.  Fred Hast:  Trucks last about ten years and they probably have had that one almost ten years.  He related that Board should price shop around for a good deal for new truck.</p>
<p>Close Public Input</p>
<p>OTHER</p>
<p>Elections:  (GL) Election is on November 4th.  According to the Secretary of State, it is required that we have a quorum for the vote count.  Board members related that they would be available for intermittent overlapping coverage throughout the day and all noted that they would be available for the vote counting.</p>
<p>Board agreed that since the election is the first Tuesday of the month – same as usual Board meeting, that the Board would meet the second and fourth Tuesdays in November.  </p>
<p>PUBLIC INPUT</p>
<p>(LK)  Because several individuals were not aware that Board starting time is<br />
5:00 P.M. rather than 6:00 P.M., we will open Public Input once again.</p>
<p>Fred Hast:  What is the rule about Board members attendance at Election site?  (GL)  It always has been that a Board member be present during the hours when the polls are open and that a quorum be present when the vote is being counted.  Fred Hast:  When did that rule come in?  (GL)  It has always been that way.</p>
<p>Adam Gauthier:  Is the Board planning on putting a Noise Ordinance in place?  (MW)  I have had several noise complaints recently.  It is difficult to come up with an ordinance of this type because it usually indicates a decibel number and enforcement is difficult.  I will do some research and see if I can find one that is reasonable.  Adam Gauthier:  The one that we have on the books now pertains to auto noises.  My neighbors continue to have bonfires and gatherings late at night and into the early morning including “bad language” which is quite audible at my house.  (MW)  Let me do some research into this regarding an ordinance.  I am unsure whether this would be a Warrant or a Citizen Petition.</p>
<p>Close Public Input</p>
<p>NON-PUBLIC SESSION II</p>
<p>(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.  (GL)  Second.  Carried 5-0.  Individual members of the Board were polled and all agreed.</p>
<p>Board went into Non-Public Session at 5:55 P.M.</p>
<p>Board returned to Public Session at 6:20 P.M.</p>
<p>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.</p>
<p>Shall the Minutes be publicly disclosed?  	No.</p>
<p>Motion made by (LS) 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.</p>
<p>ADJOURNMENT</p>
<p>(LK)  Motion to adjourn.  (GL)  Second.  Carried 5-0.</p>
<p>Meeting adjourned at 6:23 P.M.</p>
<p>Approved:  November 4, 2014</p>
<p>__________________________			________________________<br />
Eric Nilsson, Vice-Chairman						Date</p>
<p>No Attachments<br />
Olympus:  45.47</p>
<p>I hereby certify that these Minutes were recorded by me on October 21, 2014, transcribed and public posted on<br />
October 22, 2014.</p>
<p>________________________________________<br />
Delores A. Fritz, Recording Secretary</p>
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