October 7, 2014 Minutes

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

MEETING MINUTES OF TUESDAY, OCTOBER 7, 2014

CALL TO ORDER

Call to order at 5:00 P.M. by Albert Douglas, Acting Chairman

(AD) We have two absent Board members tonight, but still have a quorum.

MEMBERS PRESENT

Linda Small (LS), Gerard LeDuc (GL), Albert Douglas (AD), Michael
Williams (MW), Town Administrator, and Delores Fritz, Recording Secretary.

MEMBERS ABSENT:

Larry Konopka (LK), Chairman, Eric Nilsson (EN), Vice-Chairman

PUBLIC INPUT

Fred Hast: A few months ago I mentioned to Board that the Minutes were not on the Website. They are not up-to-date. (MW) I will check with Clayton. (It was noted that a member of the audience checked, and the Minutes are on the Website.)

Fred Hast: What is the hold-up on completion of the Restroom? We should finish it up. I would like to see the total bill on that. What about those properties listed on the Agenda for Intent to Sell Notice? (MW) explained the process which needs to occur prior to the sale of the properties. Fred Hast: We’ve been waiting years for this to happen and I would like to see it noted in the paper. Some people do not know how to come in and look it up. Why don’t we put names on all these things that occur pertaining to different properties? It wouldn’t take up that much more paper.

Fred Hast: Why do you people say that everything I say is negative? I say the truth and a lot of other people do not. We do not get the truth 100%. Citizens do not know about payment agreements and are surprised about them. If people do not pay, who ends up paying for it? — We do! It cuts into the budget. We cannot afford any more taxes.

Close Public Input

AGENDA REVIEW

None.

PUBLIC HEARING

(AD) read into Minutes the Public Hearing Notice (see attached.)

Chief Cain was present. (AD) This pertains to the Shooting Range – is everyone aware of the reason for the public hearing? Fred Hast: The public does not know about it. (MW) it was been posted, noted in The Sun, is on the Website and it all has been properly noticed.

Chief Cain explained that an anonymous donation was made to the Town to cover the “renovation” of the shooting range at the Metcalf pit and the improvements that would be made – shelter, training area, earth work, and target stands. He also mentioned the various businesses that had donated other items to the project.

(LS) Motion to approve and accept donation of $15,000 for shooting range improvements. (GL) Second. After Discussion: Carried 3-0.

Discussion:

(LS) We have been talking about improvements of this for a while. Chief Cain: Yes and George has been involved every step of the way.

(AD) Is there a certain timeframe as to when officers can go up there and train? Chief Cain explained the qualifying schedule (dates and times).

Chief Cain left meeting at 5:10 P.M.

NEW BUSINESS
ACTION ITEMS

21. General Election Warrant

Erica Anthony: This is basically a formality. The Secretary of State Office requests that the Board of Selectmen sign the Warrant that there will be an election held and will be posted for the general public. (MW) This is something that is required by Statute. (AD), (GL), and (LS) signed document.

22. RSA 80:89 Intent to Sell

a. Governors Road: Tax Map R43, Lot 11
b. 42 Chestnut Street: Tax Map U04, Lot 13
c. 105 Loudon Road: Tax Map R35, Lot 48
d. 33 Main Street: Tax Map U03, Lot 45
e. 37 Main Street #1: Tax Map U03, Lot 44 – C1

Erica Anthony: By Statute, Town has the right to offer deeded properties for re-purchase within three years. Owner has right to re-purchase the property provided notice is given to the Town within 30 days stating that owner is ready, willing, and able to pay all back taxes, interest, costs and penalty of 15%. Payment must be made within 15 days of notice of intent to re-purchase or will result in the loss of owner’s right to re-purchase and the disposal of property will go forward. If Board approves, these letters will go out tomorrow (October 8, 2014.) (LS) This sounds like the simple way to go about it.

(LS) Motion to approve Intent to Sell property letters as noted above dated October 8, 2014. (GL) Second. Carried 3-0.

23. Payment Agreements
a. Karmen Bean: Tax Map R37, Lot 2
b. Sean Carney: Tax Map R25, Lot 1
c. Virginia Chase: Tax Map R14, Lot 37
d. Randall Cutter: Tax Map R34, Lot 8
e. Cammy Guest: Tax Map R25, Lot 2
f. Edward Lang: Tax Map R7, Lot 4-1

(MW) Back on August 4th, I requested Board allow me to set up payment agreements with conditions, which was granted. I also have cancelled a lot of payment agreements because of lack of payments and Town has taken the property. I am asking Board to approve all payment agreements starting now with those noted above.

(LS) Motion to approve Payment Agreements for properties as noted.
(GL) Second. Carried 3-0.

1. Landscaping Proposal from Ted Mitchell

(AD) Ted Mitchell has submitted an explanation and pictures of the proposed landscaping to be accomplished to the area left of the stairs as you enter the building and which will occur later this fall. (LS) Ted has talked to Board about this a while ago at which time we requested a diagram of his proposal. (AD) So this is just for informational purposes. (LS) Yes and we would like to offer a THANK YOU to Ted.

2. SVRTA Healthcare Proposal Acceptance

(MW) As you know, SVRTA came up with conducting a study on health care proposals for BOS approval/non-approval. The proposal notes the same program the Town has presently.

(LS) Motion to approve Healthcare Program as proposed by SVRTA (Healthtrust). (GL) Second. Carried 3-0.

Discussion: (GL) The Cooperative Health Insurance committee has been meeting all through the summer reviewing about fifteen different plans and this one was the best savings for the Town.

3. Ed Vien Resignation from BCEP Committee

(AD) An E-Mail has been received from Ed Vien regarding his resignation.

Ed Vien: Even though I am an alternate, because of time constraints I cannot seem to attend the meetings. As a committee member, it is important that one be active in attendance I would recommend this committee membership to anyone – once a month – and it is a good way to start out helping the Town. They work hard over at the BCEP and they deserve to have someone who can give them the time they deserve.

(AD) Ed, THANK YOU for your service on this committee.

(LS) Motion to accept the resignation of Ed Vien from the BCEP Committee. (GL) Second. Carried 3-0.

(LS) How can we drum up some interest in this? (MW) A couple of people have expressed interest in this and we will place another ad and include a Budget Committee Representative and an Alternate.

4. CASA Budget Request

(AD) This is a budget request that comes every year. (LS) It comes every year and I am not supportive of this. (GL) The board has not supported it in the past.

5. Paul Rogers Sewer Abatement Request

(MW) Paul has submitted receipts pertaining to the basement pumping. In the past, the Board reviewed these receipts and denied it. Paul Rogers is now requesting the Board to abate his sewer fees from January to April 2014 (four months) in the amount of $776.27. (AD) Are there any State Statutes that address this? (MW) No, we would have to take Paul at his word. His paperwork incorporates the dates as noted. (GL) Where does the septic company do the dumping? (MW) Allentown. (GL) They use our facility for dumping then it is use of the sewer.

(GL) Motion to deny sewer abatement as requested by Paul Rogers.
(LS) Second. Carried 3-0.

6. Sealed Bid – Ingalls Road Property

(MW) There is a minimum bid on this of $2,500 and we have received only one sealed bid. (AD) read into the Minutes the sealed bid from Ed and Laurie Vien for Tax Map R38, Lot 9-1 (3.7 acres) in the amount of $2,500.

(LS) Motion to accept bid for Tax Map R38, Lot 9-1, Ed and Laurie Vien in the amount of $2,500. (GL) Second. Carried 3-0.

Ed Vien: Requested information on check presentation and kind of Deed given (Quick Claim Deed). Attorney to prepare Deed.

7. Avitar Update Agreement

(MW) We have a five year contract with Avitar and five year renewal date. Because of re-valuation, we need a separate Contract signed pursuant to
RSA 21-J:11.

(LS) Motion to approve Avitar Update Agreement as proposed. (GL) Second.
After Discussion: (LS) Motion to include “no Bond required. (GL) Second additional language to Motion. After Discussion: Carried 3-0.

Discussion: Town has the ability to request a Bond from Avitar for this. I have contacted various local towns and most do not require a bond. This would require an additional amount of $1,775.

(LS) added to her original Motion to include phrase that “no Bond required” and (GL) Seconded. At this time, Board carried Motion 3-0.

8. Planning Board – Ex Officio Board of Selectmen Representative

(MW) Eric has announced that he would like to step down as Selectman Ex Officio to the Planning Board because of time constraints. Board will need to appoint another BOS member. (LK) has stated that he would be willing to do this until the end of his term. Board decided to table this matter until a full Board is present.

(LS) Motion to table this matter. (GL) Second. Carried 3-0.

(GL) noted he will attend Planning Board meetings in the interim.

9. RSA 80:89 Intent to Sell Tax Deeded Properties

See No. 22 Above.

INFORMATION ITEMS

10. County Tax Payment

(AD) We have received a letter from County Treasurer regarding the 2014 Merrimack County tax apportionment for Pittsfield in the amount of $670,799.
No action needs to be taken at this time.

11. Illegal Junkyard Complaint

(MW) Town received a complaint about what appears to be an illegal junkyard. There were two possible properties that it could involve, so I visited Paul Rogers, the author of the complaint, to verify the property which is the Any Make Auto facility. Notification has been forwarded to the appropriate departments and property will be visited to check it out.

OLD BUSINESS

12. PCDC Abate Request

(MW) At the last Board meeting, a question was posed about abating taxes for the PCDC properties and the matter was tabled to get the precise costs. I have checked with Erica (Tax Collector) and the totals would include for Tax Map U03, Lot 15 – $5,865.05 and Tax Map U04, Lot 16 – $7,983.29: Total of $13,848.34. This would temporarily help the PCDC along with a plan for the future of PCDC.
(GL) This is something that should be discussed with the whole Board present and we should table it until a future date. (AD) I also would request a full Board and it will give us some additional time to think about it. (GL) Also, I would like to see their plan. (AD) Bill (Elkins), is there anything you can give us at this time?
Bill Elkins: No, the next meeting of the PCDC is on the 17th. (MW) We can table this until further notice from them. (AD) We will table it for now and PCDC can inform Mike when you are ready to present your plan.

This matter tabled until further notice from PCDC.

13. Ambulance Fund Transfer

(MW) This is something that came up at the last Board meeting minus the amount which should be $100,595.86.

(LS) Motion to approve transfer of $100,595.86 from the Ambulance R&E Fund to the General Fund. (GL) Second. Carried 3-0.
14. 7 Depot Street

(MW) This has been going on since June 14th. The Board signed an order to demolish the dilapidated building. I contacted the owner (Dudek Realty) who related that he wanted to accomplish this with his own firm. I have given him time to come up with a solution to this, but to date have not heard from the owner. I would like to have Board re-sign the Order tonight and give him until
November 14, 2014 to complete the demolition though I will line up a
contractor to be in place in the interim should it be needed.

(LS) Motion to approve Order for Removal or Repair of Hazardous or
Dilapidated Building Pursuant to RSA 155-B. (GL) Second. Carried 3-0.

(MW) noted that per RSA 155-B, any costs incurred will result in a lien on any property owned by Dudek Realty in State of New Hampshire. (AD) Are there any costs associated with this? (MW) Yes, this can be taken to Superior Court five days prior to the demolition and Town will incur some costs ($35-37,000). Town has a fund for demolition of buildings.

APPLICATIONS and WARRANTS

15. Roman Veterans’ Tax Credit Application

(MW) This is all in order and property owner is applicable.

(LS) Motion to approve Veterans’ Tax Credit for Josue Roman, Tax Map R14, Lot 6-3. (GL) Second. Carried 3-0.

16. Healy Veterans’ Tax Credit Application

(MW) This is all in order and applicant is applicable.

(LS) Motion to approve Veterans’ Tax Credit and Service Connected Total & Permanent Disability for Geraldine B. Healy, Tax Map U05, Lot 1 in the amount of $1,700. (GL) Second. Carried 3-0.

17. Timber Tax Levy Tax Map R07, Lot 02

(LS) Motion to approve Timber Tax Levy Tax Map R07, Lot 02 in the amount of $560.72. (GL) Second. Carried 3-0.

18. Timber Tax Levy Tax Map R07, Lot 03

(LS) Motion to approve Timber Tax Levy Tax Map R07, Lot 02 in the amount of $4,565.95. (GL) Second. Carried 3-0.

CHECKS and MANIFESTS

(LS) Motion to approve Accounts Payable and Checks Register.
(GL) Second. Carried 3-0.

(LS) Motion to approve Payroll and Direct Deposit. (GL) Second. Carried 3-0.

MINUTES

19. Public Session Minutes of September 16, 2014

(LS) Motion to approve Public Session Minutes of September 16, 2014.
(GL) Second. Carried 3-0.

20. Non-Public Session Minutes of September 16, 2014

(LS) Motion to approve Non-Public Session Minutes of September 16, 2014. (GL) Second. Carried 3-0.

PUBLIC INPUT

Jim Pritchard: He apologized for arriving late, thinking meeting started
at 6:00 P.M. I see that No. 8 New Business Action Items denotes Planning
Board – Ex Officio Select Board Representative. He read into the Minutes a dissertation pertaining to service on the Planning Board (See attached.)

(AD) Jim, please note the meetings for the present time start at 5:00 P.M.

Ed Vien: Thank you for all your efforts. Keep up the good work.

Fred Hast: No. 13 on the Agenda, the funds going to the General Fund? Does this cover the whole thing? (LS) briefly explained the transfer of funds. Fred Hast: I would like to see the names on the deeded properties and the amount of taxes owed. I would like to see the balance and agreement of terms. (MW) If you would come in and make the request, I will provide that to you. Fred Hast: It is public information. (MW) It is available to the public. Fred Hast: People read the Minutes online have no idea what is going on in Town. (AD) We are not required to put it out there but it is available for anyone to come in and request it. Fred Hast: It was done in the past. (MW) I do not think humiliation serves any purpose. People are trying to make payments.

Fred Hast: What was the cost of the County Tax payment? ($670,799). Also, thank you for reading the tax levy items by name.

Jim Pritchard: I have agreed with Fred in the past about a lot of things, but I am strenuously against putting people’s names in the Minutes who are in financial trouble. People pay 18% interest and they are doing the best they can. My opinion is that it should not be listed by name. Fred Hast: It is not humiliating anyone. Jim Pritchard: I think it is.

Close Public Input

NON-PUBLIC SESSION

(LS) 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, in 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 6:12 P.M.

Board returned to Public Session at 6:35 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 (LS) and Seconded by (GL) 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 3-0. Individual members of the Board were polled and all agreed.

ADJOURNMENT

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

Meeting adjourned at 6:42 P.M.

Approved: October 21, 2014

___________________________ ___________________________
Albert Douglas, Acting Chair Date

Attachments
OLYMPUS 1.09.10

I hereby certify that these Minutes were recorded by me on October 7, transcribed and public posted on October 9, 2014.

___________________________________________
Delores A. Fritz, Recording Secretary