September 16, 2014 Minutes

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

MEETING MINUTES OF TUESDAY, SEPTEMBER 16, 2014

CALL TO ORDER

Call to order at 5:00 P.M. by Larry Konopka, Chairman

MEMBERS PRESENT

Larry Konopka (LK), Chairman, Eric Nilsson (EN), Vice-Chairman, Linda Small (LS), Gerard LeDuc (GL), (Arrival at 5:05 P.M.), Albert Douglas (AD), Michael Williams (MW), Town Administrator, and Delores Fritz, Recording Secretary.

MEMBERS ABSENT:

None.

PUBLIC INPUT

None.

AGENDA REVIEW

(MW) Griggs Cancelled Appointment, PCDC Abatement Request, Deed Waivers for R07-4-1 and R34-8, Utility Partners Waste Water Interim Contract, Authority for MRI to Negotiate Long-Term Waste Water Contract, Armstrong A/C Dust Cleaning and Repair, Shaw Road Repair Petition, TEC Police Detail Waiver, Beautification Committee Donation, Resignations – Nick Abell and Ron Vien, Authorization for TA to Engage Legal Counsel, and Information: Tilton Hill Road and Berry Avenue Road Construction Estimate; (EN) School Crosswalk Guards.

APPOINTMENTS

1. Dr. John Freeman and Michael Wolfe – School Update

Dr. Freeman and Michael Wolfe were present.

Dr. Freeman: We are here to offer a progress update at the school. The program at the High School has been very successful and last spring, we were awarded a bronze award as being one of the top 25% productive high schools in New Hampshire. The people at the school worked hard to turn this around and we are now rated as one of the top 4,500 schools in the nation. We have added an additional kindergarten section because of the volume of students. We have been nominated for the Larry O’Toole Award for which the School Board deserves recognition. The Foss Foundation has awarded the school with $10,000 which will be used for a Summer Academy. The New Hampshire Charitable Fund is offering playground funds to update that area. Classrooms are more interactive.

I would like to invite the Board to a program on September 30, 2014 at 6:30 P.M. at the Middle High School Lecture Hall to learn about our extended learning opportunities.

Michael Wolfe: The school’s heating system is now at the end of its life expectancy. We have done some research in alternate forms of heating and are looking at a wood pellet system at an estimated cost of $850,000. This will have to be a bond and several Public Hearings will be necessary.

(EN) Have you looked into GeoTherm? Mike Wolfe: We have but for our needs they feel that they are not really there yet. (LK) Wood pellets are the way of the future.

Mike Wolfe advised he would keep the Board advised of any future progress in heating sources. We are not at the point where we need to decide but it will be in the near future.

Dr. Freeman and Mike Wolfe left meeting at 5:25 P.M.

2. Erica Anthony, Tax Collector – Property Deeding

Erica Anthony: We are now in the last step of the deeding process. Today was the
last day that payment arrangements could be made. I have six Deeds for final
approval. The next step will be up to the Board for decision regarding sale. She
explained to the Board the property owner’s right in regard to the property and the
Board’s sale of the property and the timeframes involved.

11. Deed Waivers for R7, Lot 4-1 and R34, Lot 8

(MW) There is a total of six properties, two of which are tenant occupied and
noted that Board would have to go through the eviction process. I would
recommend that these properties be Deeded. We also have two Deed Waivers.

(EN) Motion to accept Deed Waiver for Tax Map R7, Lot 4-1.
(GL) Second. Carried 5-0.

(EN) Motion to accept Deed Waiver for Tax Map R34, Lot 8.
(GL) Second. Carried 5-0.

Tax Deeds:

(EN) Motion to approve Tax Deed for Tax Map U3, Lot 45.
(GL) Second. Carried 5-0.

(EN) Motion to approve Tax Deed for Tax Map U3, Lot 118.
(GL) Second. Carried 5-0.

(EN) Motion to approve Tax Deed for Tax Map U3, Lot 44 – C1.
(GL) Second. Carried 5-0.

(EN) Motion to approve Tax Deed for Tax Map R35, Lot 48.
(GL) Second. Carried 5-0.

(EN) Motion to approve Tax Deed for Tax Map U4, Lot 13.
(GL) Second. Carried 5-0.

(EN) Motion to approve Tax Deed for Tax Map R43, Lot 11.
(GL) Second. Carried 5-0.

Board agreed that this is difficult to do but unfortunately, had to be accomplished.

11. Authorization for TA to Engage Legal Counsel

(EN) Motion to authorize Michael Williams to negotiate with attorneys
regarding the eviction process. (GL) Second. Carried 5-0.

3. Griggs Enterprises – Reconsideration of Sewer Abatement Denial

(MW) This has been cancelled due to the unavailability of their attorney and
will be scheduled on the next Agenda.

4. PCDC – Abatement Request

Cedric Dustin was present.

Mr. Dustin: I am the Treasurer of the PCDC for the last year. Financially, the
PCDC does not have enough income to cover their costs. If things continue in
this manner, the PCDC will be going out of business. In the past they have
sold one of their buildings which helped for a period of time. There are
two entities within the PCDC – Blueberry Express Day Care Center
and the Community Center which costs a lot of money to maintain
and function. The Community Center serves a broad range of the
community – Boy Scouts, Girl Scouts, Visiting Nurses Association,
Rotary, etc. We are the only facility in Town with a large kitchen to
accommodate functions. Last year we were $16,000 “in the red.” The Board
chose not to give the PCDC a permanent abatement but perhaps would
consider a short term abatement say 3-4 years to give them a chance to find
funding. Three to four years of no taxes would help get them out of “hot water.

(MW) Abatement is an annual issue. Mr. Dustin: This would give the PCDC
the time they need. (GL) They would need four to six years to re-organize.
Mr. Dustin: Someone to cover the operating costs would be hard to find.
(LS) Do you have any plans yet? Mr. Dustin: We are looking. (LS) Sounds like
It is inevitable. Mr. Dustin: It looks that way now. We are now in financial straits.
(LK) Do you think a year to make a plan is sufficient? Mr. Dustin: It would give
us time to come up with a plan. We will keep you informed. The Community
Center is an asset to the Town.

Bill Elkins: The Board denied the tax exempt status. Abatement would not help
for more than a year. Board could rescind vote on tax exempt and this would give
us a few years. Mr. Dustin: June taxes are paid for last year but we are behind for
December. (MW) We need to make sure what Board is abating.

Break: 5:50 P.M. Resume: 5:56 P.M.

(EN) Motion to table PCDC abatement request to October 7, 2014.
(AD) Second. Carried 5-0.

NEW BUSINESS
ACTION ITEMS

9. Police Range Donation

Police Chief Cain: This is a follow-up to the meeting a month ago. The earth work is about 85% done and they will be seeding the new grass soon. We have received an anonymous donation of about $15,000 which could cover the costs of the lean-tos, gate, signage, etc. (LK) Are you requesting a Public Hearing?
(MW) It does require a Public Hearing which we could schedule for
October 7, 2014.

Chief Cain: We have ordered some of the lumber.

(LS) Motion to authorize up $5,000 for supplies for purposes as noted above. (AD) Second. Carried 5-0.

4. Raffle Permit – Suncook Valley Sno-Riders

(MW) This has been approved by Chief Cain.

(EN) Motion to approve Raffle Permit for Suncook Valley Sno-Riders.
(AD) Second. Carried 5-0.

5. Audit Questionnaire

(MW) This has been completed. Board noted no changes. Chair signs document.

6. Funds Transfer – Waste Water Connection Fee Transfer to Reserve Fund

(LS) Motion to approve funds from Waste Water connection fee transferred to Reserve Fund for $3,500. (GL) Second. Carried 5-0.

7. Funds Transfer – General Fund to Ambulance R & F Fund

(LS) Motion to table funds transfer from General Fund to Ambulance R & F Fund. (AD) Second. Carried 5-0.

(MW) to check on exact amount.

8. Cemetery Funding for September

(MW) The amount of $2,000 would cover operating costs through September. It is noted that they are still pursuing the logging permit though a lot of people do not want the timber cut to happen. They are still working on it.

(EN) Motion to approve $2,000 for operating fees for Floral Park Cemetery through September. (GL) Second. Carried 5-0.

(LS) Mike, could we have an update on the timber cut issue for our next meeting? (MW) to do. (MW) They need waiver due to the fact that are cutting more than 50%.

11. Utility Partners Waste Water Interim Contract

(MW) This is for a current contract beginning on Monday for coverage on an interim basis of the Waste Water Facility. It is an estimate for four hours per day to keep us in compliance with the State requirements.

(LS) Motion to approve Contract for interim coverage at the Waste Water Treatment Plan at $65 per hour as proposed. (GL) Second. After Discussion: Carried 5-0.

Discussion:

(EN) In approving this contract, are there any time obligations? (MW) No, this will be on a day-to-day basis.

12. Authority for MRI to Negotiate Long-Term Waste Water Contract

(MW) Don Jutin of Municipal Resources Inc. (MRI) will be assisting in negotiating a contract with Utility Partners to get the best price possible. MRI fees are $140 an hour for an estimated two to three hours.

(MW) I would suggest initiating a Waiver of the bid process for services at WWTP and allow Town to enter into an agreement with Don Jutin of MRI to help us negotiate.

(LS) Motion to authorize MRI to negotiate long term contract for management of WWTP and Waive Bid Process. (EN) Second. Carried 5-0.

13. Armstrong A/C Dust Cleaning and Repair

(MW) There has been a persistent garbage smell in the Town Hall offices; we are unsure of what the cause may be. The air conditioning unit needs to be cleaned as it has not been done since 2009. Armstrong will be cleaning the ducts, and spraying the ductwork with a sealant.

(LS) Motion to approve Armstrong Co. cleaning and repair of Town Hall air conditioning at a cost of $1,515. (GL) Second. Carried 5-0.

(EN) When they are here sealing the ductwork, could we get an estimate of how much it would cost to duct the conference room? (MW) to do.

14. Shaw Road Repair Petition

Selectman Konopka recused himself and was seated in the audience. (6:21 P.M.)

(MW) We have received a Petition signed by all residents of Shaw Road regarding “the poor and unsafe condition of Shaw Road at its intersection of Route 107 in the Town of Pittsfield.” Board has already approved the survey. (EN) This was supposed to be a Warrant Article last year but was overlooked at Town Meeting. We could get rid of the pavement and gravel it. (MW) I will check with George as to the wise use of resources. Right now, no action is required. This is for information purposes now.

Selectman Konopka returned and was seated on the Board. (6:24 P.M.)

15. TEC Police Detail Waiver

(MW) TEC is the camera inspection of the sewer system. I requires that the road be blocked off. It is something that is being done for the Town and rather than pay a Police Detail, it is suggested that department be allowed to do own flagging. (LK) Would there be a liability involved? (MW) No more than any other Town function. Certified flaggers will be asked to participate. It will require closed lanes as well as diverted traffic.

Police Chief Cain: My opinion is that it should be done by Town employee as it is a Town job. My main concern would be the safety issue.

(EN) Motion to waive TEC Police Detail as long as certified flaggers are utilized. (GL) Second. Carried 5-0.

16. Beautification Committee Donation

(LS) Motion to approve acceptance and planting of Roberta Green Junipers in Dustin Park at the military service memorial by the Beautification Committee. (AD) Second. Carried 5-0.

17. Resignations – Nick Abell and Ron Vien

(LS) Motion to accept resignation of Nick Abell from the Parks & Recreation Committee effective September 16, 2014 with deep regret.
(GL) Second. Carried 4-1 (AD).

(LS) This is accepted with deep regret and a letter of thank you for excellent service. (MW) to do.

(EN) Motion to accept resignation of Ron Vien effective September 21, 2014 at end of day. (AD) Second. Approved 5-0.

(EN) This is for 24 years of service.

INFORMATION ITEMS

1. Legal Fee Update

(LK) I asked (MW) to put this on the Agenda. The last few years, the Board has authorized that Chair be able to discuss with legal counsel any matters necessary. Occasions arrive that make this necessary.

(LS) Motion that Chair be able to contact counsel as deemed necessary.
(AD) Second. Carried 5-0.

2. SRTS – Tilton Hill Road and Berry Avenue Road Construction Estimate

(MW) In going forward with the Berry Avenue and Tilton Hill Road reconstruction in conjunction with SRTS costs would be $810,000. This is not a bid but would be put in the operating budget and is in addition to the Grant. These are separate projects.

3. Transportation Advisory Committee Report

(MW) This is for Board review submitted by Ted Mitchell.

APPLICATIONS and WARRANTS

1. Intent to Cut – Tax Map R22, Lot 31

(MW) This property owner owes taxes. The Intent can be approved provided a Bond is posted on the Notice.

(EN) Motion to approve Intent to Cut Tax Map R22, Lot 31 contingent upon Bond being posted to cover tax deficits. (AD) Second. Carried 5-0.

CHECKS & MANIFESTS

(LS) Motion to approve Accounts Payable and Checks Register.
(EN) Second. Carried 4-0. (GL) Abstain.

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

OTHER

1. School Crosswalks Guards and Traffic

(EN) What is the status of the school crosswalk guard volunteers? (MW) I have not yet pursued that yet. Police Chief Cain: I have had no complaints since the start of school – no concerns or complaints. (LK) I was out there for a while the other day and people seem like they are slowing down. If you need anything, let us know. I would be happy to volunteer.

2. Town Curfew Horn

(LS) The curfew horn, Mike, can you look into it? (MW) I talked to Fire Chief and apparently there is a new system which does not include the horn. To start it up again would require some maintenance. (EN) At the Town Meeting, the Town wanted the horn to remain in use. (MW) to do.

PUBLIC INPUT

Mike Wolfe: The All Chairs meeting – I am not fond of it. I think they are overstepping their bounds and making decisions that affect the Town. Originally, I thought it was to share information, but it has gone askew and I will not be attending again. One board member should not be telling different board members what they should be doing. I discussed this with Ted Mitchell and I disagree with him. (LS) I think the initial purpose is good. (MW) People cannot form a voting body without Town approval. (LS) It is a noble purpose and their intentions are good – we could talk to them. Mike Wolfe: I tried, but there is no chair of this Committee. (MW) They have no authority, no power to vote and are harmless. (LK) I agree that there are some action items that should not be on their Agenda. I would like to have Board talk with Ted Mitchell. (LS) I think that would be counterproductive. Mike Wolfe: They come across as a committee with a mission and vision statement.

Helen Schiff: I agree with Mike. Mike Wolfe: It does not feel right in my mind. (LK) Would Board like to discuss with Ted Mitchell? Ultimately, Board decided not to discuss with Ted Mitchell.

Close Public Input

Break: 6:50 P.M. Resume: 6:58 P.M.

Open Public Input

Darayl Klitz: Question for Town Administrator – We did pay the taxes, right? (MW) Yes. Mr. Klitz: That is all I wanted to know. (MW) The property was not deeded by the Town.

Mr. Klitz: We had the fuel tanks pulled in 2010 because we are not a gas station. No one reassessed the property till 2014. Why did it take four years to be re-assessed? (MW) You did not ask for abatement at that time. Mr. Klitz: Cara Marston said Town would reassess property. I did withhold payment of taxes. This was all done above board and someone “dropped the ball.” (MW) I guess on both of our parts. You had the ability to ask for an abatement. Why don’t you come in tomorrow and we will discuss.

Mr. Klitz: I am concerned about people who are in the same boat as I was. My son owns the property and I would like to make an appointment to talk about this. I think there is animosity here due to the issue I am having with Rustic Crust. The building is too close; I think that is the reason you escalated the Tax Deed. (MW) That is not the case. Letters were sent to make payment arrangement of unpaid taxes. Town took six properties tonight; yours was not one of them. This has nothing to do with the Zoning Board issue. I talked to Town Attorney about the payment schedule and he advised not to change it.

Mr. Klitz: Pittsfield is about having small businesses and this is not a good message to be sending to business owners. You never called me back when I called you. (MW) I am sorry, I guess this was a misunderstanding on my part and I apologize for that.

Helen Schiff: Regarding the All Chairs Committee, it started out with enthusiasm. This is a monthly meeting and less and less people have attended. Someone brought up the school issue and it was not appropriate. There is not a need for a mission statement but just to tell each other what is going on in Town.

Close Public Input

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 and 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. (GL) 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 7:50 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 (EN) 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. (AD) Second. Carried 5-0.

Meeting adjourned at 7:52 P.M.

Approved: October 7, 2014

__________________________ ____________________
Lawrence Konopka, Chairman Date

I hereby certify that these Minutes were recorded by me on September 16, 2014, transcribed and public posted on September 23, 2014.

____________________________________________
Delores A. Fritz, Recording Secretary

No Attachments
Olmypus: 1.56.54