October 2, 2012 Minutes

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

MEETING MINUTES OF TUESDAY, OCTOBER 2, 2012

CALL TO ORDER

Call to order at 6:00 P.M. by Larry Konopka, Chairman

MEMBERS PRESENT

Larry Konopka (LK), Chairman, Linda Small (LS), Vice-Chairman,
Paul Rogers (PR), Gerard LeDuc (GL), Eric Nilsson (EN), Paul Skowron (PS), Town Administrator, and Delores Fritz, Recording Secretary.

MEMBERS ABSENT

Paul Rogers (PR) (Excused).

PUBLIC INPUT

Dan Schroth: I have just a couple of things. Have you asked the Department Heads to come in with a level budget? (PS) I have discussed this at Department Head Meetings and noted with firmness that it is important that they provide a budget that is reasonable, fair and similar in value to the 2012 budget.
Dan Schroth: That sounds like a level budget by asking them to submit something close to 2012. The reason I am here tonight is about the assessments. Across the state assessments are down 37% and Pittsfield is down another 20%. What I am saying is that assessments are down anywhere from 20-70% and the average in Pittsfield is 45%. We have a high tax rate and with the school, the tax rate is going to be going up. This hurts when someone is trying to sell their house. There should be absolutely no increase in the tax rate. I am asking you to think about this. We have got to fix what we can fix. Do not let the tax rate go up.

Thanks for doing your job.

Ben Arey: I would like to bring to your attention the legal fees. This Board has spent $15,921. Are we going to keep spending at this rate or are you planning on staying within your budget? (PS) The fiscal year is three quarters gone and we have spent about three quarters of the legal budget. Ben Arey: Are you trying to stay within your budget? (PS) The Board of Selectmen provides an estimate within the budget and the costs can be variable. It is not the Town that takes the action. Ben Arey: If you would not do so many illegal things you would not have the legal fees. (PS) We have to measure what is more important – the principal or the “pocketbook.” Ben Arey: What makes this Board responsible? What is to stop them from making these decisions? (PS) The State Statutes makes this Board responsible. Ben Arey: How are they held accountable? (PS) The budget is approved at the Town Meeting. Ben Arey: I am not just talking budget. You overturned the police details and spent $2,698 for attorney fees. Are you planning on staying within your budget or are we saving about $70,000 as noted in The Sun. (PS) The Board is focused on not spending the bottom line of the budget.

Bob Lincoln: I came in tonight regarding the Jitters thing. How many complaints about the benches, plants and etc. have you had? (PS) As I recall, just one.
Bob Lincoln: I know of no one against Paul Rogers; he is on the Board and has to be particular about what he does, but it is quite clear that this is a vendetta against Paul. I would speak in favor of his Waiver. All he has done is improve the property and that is all I want to say.

Rob Freese: I have read the decision pertaining to the violation pertaining to the Private Detail. Has the Town Administrator decided not to abide by the contract? Are we going to fight the Labor Board? (PS) Based on conversations with legal counsel and to further explore this, we will be meeting with Paul Fitzgerald, Esq. at the next Board meeting as to how to address this. The Board has twenty (20) days to appeal this decision but will discuss the appeal option with legal counsel. Rob Freese: It is highly unlikely that the ruling will be overturned. (PS) The Board will discuss reinstituting details. Rob Freese: The Board should not spend good money after bad. It is not in the interest of the taxpayers.

Rob Freese: More than three meetings ago, you were going to advise if the change in shift hours at the Police Department offered a savings. Have you obtained that information? (PS) I am working on it for you and the Board. There have been people out on family medical leave, vacations, etc. so it is difficult to ascertain. Rob Freese: These things occur on a regular basis and you cannot back them out. (PS) I am being attentive as to how to address these savings.

Close Public Input

AGENDA REVIEW:

(PS) Action to Request an Extension to the MS-1 Filing, Request for a Waiver from the Obstructing Streets and Sidewalks Ordinance from Jitters, Approval of the Replacement of the Generator at the Waste Water Treatment Plan, Non-Public Session Required for Personnel, Draft 2013 Town Budget, Use of Fire Department Vehicle.

APPOINTMENTS

6:05 P.M.: John Freemen – Grant Application

This will be addressed later in the meeting at the request of Mr. Freeman

6:15 P.M.: Loren Martin – Avitar

(LK) The Board has asked you to come in and discuss the assessments.

Ms. Martin: When we first came in to meet with the Board, we had talked about the different properties in Town and whether they were at market value or not. We have been working on equalizing the properties and trying to make sure that everyone is treated fairly. (She presented a report to the Board on Updates and New Features including Mass and Individual Income Valuation Methods and Multifamily Values.) I have been working with Cara on this and will be reporting back to the Board. The properties range from being under assessed to over assessed.

Ms. Martin: I have also brought with me a Contract for your review. We did the new construction and there were quite a few errors on those. (LK) How long will this take? Ms. Martin: About a month or so and it will include sales through September 30th. (LK) Please contact the Town Administrator when you are ready to be on the Agenda. Ms. Martin: Until we really delve into it, we will really not know.

Ms. Martin left meeting at 6:24 P.M.

6:20 P.M.: Ralph O’Dell – Master Plan Committee (6:25 P.M.)

Ralph O’Dell: I am here tonight representing the Master Plan Committee on two items. State Statutes require information from the public pertaining to the Master Plan. There are various techniques we can use and we have looked at the surrounding Towns and a written survey seems to work well but there is a cost involved. The survey would be printed, and inserted into The Sun edition (circulation about 1,719). CNHRPC would help us tabulate the results and the entire process would cost about $1,600. We could send a letter to the various businesses for contributions. We are hoping to get good results. This could be put online also. Will the Board approve? We would also be asking people involved within the Town for any questions they might pose about various areas to help us conduct the survey. (LS) Working with the CNHRPC would be good. The EDC did a similar survey a few years ago and you can get those results from Matt Monahan. It was a very effective survey. I approve of your efforts in this regard.

Ralph O’Dell left meeting at 6:30 P.M.

NEW BUSINESS
ACTION ITEMS

1. Discussion Re: Amendment to the Obstructing Streets and Sidewalks Ordinance

(PS) I was asked to place this on the Agenda because of the recent attention the ordinance has been receiving. (See Attached.) There are some “gaps” in the Ordinance language which should be filled in. (EN) I am still working on that. (LK) I would like to send the current Ordinance to the Department Heads (FD, PD, and Code Enforcement) to see what we can do about updating it. The way that it is written now, maybe it should be before the Planning Board. Board agreed to send to Department Heads for their comments. (LS) Enforcement is a different aspect. (PS) to send to DH with a deadline of ten days.

2. Fire Department Administration of the Life Safety Codes

(PS) I was asked to also place this on the Agenda for discussion with the Fire Department. (LS) I have talked to Paul about this. I am quite concerned that there have been quite a few fires. There are many multi-family homes here in Town and I would like to know that these buildings are “up to code.” Fire Chief DeSilva: We could do that but that is all we would be doing. The apartments include transient families and we would need a stronger presence than that which is available. These are old buildings and it would be quite costly. (LS) Are there any suggestions on about how to do this most efficiently and bringing them up to code? Chief DeSilva: We could put our heads together and try and come up with a proposal. (GL) HSA has a data base which could be quite helpful. Chief DeSilva: These are mostly older buildings and the square footage compared to the amount of people would have to be taken into consideration. (GL) HSA does have a file on these buildings which could be quite helpful and was utilized in the past.

3. Appointment of Selectman to Foss Scholarship Committee

(PS) I understand from Cara, Trustee of the Trust Fund, that the current Board of Selectmen representative cannot meet at the time when the Committee meets. Paul Rogers has requested to find a replacement. (LK) Does it have to be one person? (PS) I do not know but I will ask. (LS) Maybe we can share the meetings.
(PS) to check.

4. Request for a Waiver from the Obstructing Streets and Sidewalks Ordinance from The Clothes Closet

Beverly Drolet: Before I begin, could you clarify what the amendment to the Ordinance will be? (LK) We have only just begun to discuss it and have not done anything to it as yet.

Ms. Drolet: I have written a letter to the Board as to how we use the sidewalk. I have measured the sidewalk as requested, which is quite wide in that area. We did not realize that we needed a Waiver of the Ordinance. There are only a couple of places in Town which make use of their sidewalk – in front of The Clothes Closet it is nine (9) feet wide. What we put outside is only about two (2) feet wide. There are only a couple of places that utilize the sidewalks in Town – Theater, Jitters, and the Toy Box (sometimes). I was in Concord and noticed that there are tables and chairs, potted plants, and other items on their sidewalks and their sidewalk is narrower than in Pittsfield. (LK) We will send a copy of your request to the Department Heads (Fire Department, Police Department, and Code Enforcement). Ms. Drolet: We use the sidewalk but do not obstruct the use of the sidewalk for the benefit and beauty of the Town. (LK) We will need the Department Heads recommendations. We may not see an issue with this but the Department Heads may. Ms. Drolet: How will we get a response? (LK) The Town Administrator will send you a letter. (LS) When the Ordinance was first put in it, it was to protect the businesses. Ms. Drolet: So, should we continue using it as usual? (GL) I know the bus stops right by my house and there has never been an issue. (EN) There is a lot of space on the sidewalk in that area. You can probably keep them there until you hear from us.

APPOINTMENTS – Continued

6:05 P.M.: John Freeman – Grant Application (6:43 P.M.)

John Freeman: Thank you for letting me appear tonight and speak with you about the grant applications. Just to let you know about the grant applications and bring you up-to-date, there are also some other grants which I would like to address.
About two years ago, we applied for the School Improvement Grant which was approved which was applicable for low achieving school. At that time, we were the fifth lowest and now are eighth highest in the State. This Grant incorporates learning devices at the high school level and could ultimately save textbook costs. It also assists the student with tuition help as some of the high school courses count for college credits.

Nellie Mae Foundation Grant: This Grant was offered for a three year period which provides learning tools for individual students and so far there are positive reviews on the grant.

Race to the Top: The Grant is to support bold, locally directed improvement in learning and teaching that will directly improve student achievement and educator effectiveness with focus on the classrooms and the relationship between educators and students. (See Attached.) The Nellie Mae Foundation has offered to assist us in writing the Grant. There are various categories in which the grant can be awarded. The application will need to be reviewed by Board Chairman with a summary by Larry Konopka. This will be due by October 30th. (GL) I am glad to know that Nellie Mae Foundation can assist you with this Grant.

Mr. Freeman left meeting at 6:58 P.M.

5. Review of Bids Received for the Removal of the Municipal Fire Alarm System.

(LK) Only one bid received. (LS) The bid is from Allentown Fire Department for removal of the system at no cost to the Town but must be completed by
December 1, 2012. Chief DeSilva: If you would like to accept this bid, we will need to move quickly to notify the businesses in Town. We do have dealers in place and we could send out a letter in the next few days. We do have a list of the parties involved. (EN) How rapidly can the dealers put the system in place? Chief DeSilva: Contractor could do in a matter of a week or two.

(LS) Motion to approve Allenstown Fire Department bid to remove municipal fire alarm system at no cost and keep that property with completion by
December 1, 2012. (EN) Second. After Discussion: Carried 4-0.

Discussion: Chief DeSilva: If you remove the municipal fire alarm system, you will have to discuss how the 9:00 P.M. curfew horn can be maintained. A separate system, similar to what the school uses, can be obtained for a cost of about $400.

6. Review of Bids Received for the Replacement of the Fire Station Roof
(LK) opened the bids at the meeting which included five (5) bids. Included were:

Eric & Phil Home Improvement: $35,656.00
H & H Exteriors: 25,797.25
Whichter & Whichter Inc. 27,900.00
Boddie Construction: 27,900.00
S&W Roofing 14,800.00
Jasmor Properties LLC 25,265.80

(LS) related that within several of the companies bidding, there was one that she has dealt with in the past and one is related to one of her business associates.

Board agreed that Chief DeSilva and Jesse Pacheco, Building Inspector could review the bids and decide and choose one for the project. Chief DeSilva: We can have that ready by October 16th meeting.

7. Schedule for Selectmen to Review Draft 2013 Budget

(PS) I have provided a draft copy of the 2013 Budget. During the preliminary discussion with the individual Board members, it seems there is a willingness to meet every additional Tuesdays during the month of October – the 9th, 23rd and 30th for budget review. I have advised the Department Heads that on those dates we will be looking for confirmation of their budget requests. (GL) It will be good to get them to the Budget Committee as soon as possible.

8. Status of CNHRPC Review of AHG Subdivision

(PS) This is on the Agenda because of the concerns that this continues to be debated. The information has been copied for the CNHRPC and Clayton Wood has met with Matt Monahan and Stephanie and they have generated a report in this regard. Clayton is here tonight.

Clayton Wood: There have been issues with signing the final plat due to:

1. Plat itself: There have been changes of the plat from the 2006 version to the
2012 version.
2. An easement is required and has not yet been obtained.
3. The condo documents have not been completed and registered.
4. This Board has not given them permission to build on a Class VI road.
5. The Board of Selectmen never voted on this.
6. Waiver of Liability documents to work on major roads has not been received.
7. Bond – Escrow Account: No Bond has been issued reflecting roads, driveway permits, internal road and infrastructure which would need to be reviewed by counsel and engineer.

All these things need to be in place and registered with the State. There is also a Developer’s Agreement which needs to be done which accepts the Bond responsibility. The Bond would be secured by the Town prior to the final plat being registered with the State.

(LK) A lot of these need to come from the Building Department. Clayton Wood: The Bond that is secured needs to be a permanent Bond which is required by our Subdivision Regulations. The Planning Board is meeting on Thursday to discuss these things and AHG will be notified. (GL) Why has the CNHRPC not been invited to this meeting? Clayton Wood: The Board will discuss it first. The plat has changed five times since the approval. We will next send a letter to the engineers to allow them to comment on these issues. (LK) CNHRPC did a good job on this report. Clayton Wood: I did not see any reason to invite CNHRPC as they are not a legal counsel for us. They are an advisory agent to the Planning Board and have given credibility to the problem that the Planning Board has had with this. These things can be corrected. Also by following through with this, it will provide the Planning Board and the Board of Selectmen with a tool should another subdivision be approved in the future. It is complicated when it is on a Class VI road.

(LK) So, the Planning Board needs to approve it and the Board of Selectmen need to approve it. Anything that we can to do help you, let us know. Clayton Wood: A joint meeting of the Zoning Board, Planning Board and Board of Selectmen could put something together for present and future use. We have been trying to expedite this.

Clayton Wood left meeting at 7:30 P.M.

8. Fire Chief Vehicle

Chief DeSilva: In March, the Board approved the Use of Vehicle Policy to restrict bringing home Town vehicles. There are several individuals that cover during the weekends that could make better use of the time factor if they were able to take the vehicle home. All the individuals live in the community. (LK) We will consider it and have Paul draft new language to cover this on the next Agenda. (PS) to do.

9. Action to request an Extension to the MS-1 Filing

(PS) We originally requested an extension for the MS-1 filing because we did not have the utilities values from the DRA. Our request was to extend it to
September 30th. To date, we still do not have the values and would like to file an extension for October 30, 2012.

(LS) Motion to approve filing for Extension to the MS-1 filing to
October 30, 2012. (EN) Second. After Discussion: Carried 5-0.

Discussion: (LS) The utilities values can be from the State or can be provided by Avitar. (PS) I believe there was an extra cost involved. (LS) This is something we could talk about for the future.

10. Request for a Waiver from the Obstructing Streets and Sidewalks Ordinance from Jitters

(PS) Paul Rogers has requested a Waiver from the Obstructing Streets and Sidewalks Ordinance. (LK) We have a letter from the Highway Department, Police Department and the Fire Department but none from Code Enforcement. The Police Department notes it would be Code Enforcement. (PS) We could send the package to Jesse for his comments. (EN) There are no specifications as to placement and I thought we had requested a sketch of the area. I have no problem giving the Waiver if we get the sketch and Code Enforcement agrees. This will be on next week’s Agenda.

11. Approval of the Replacement of the Generator at the Waste Water Treatment Plant

(PS) The generator at the WWTP has been around since the plant was built and has outlived its usefulness. Bids for a new generator were requested. Ron Vien has advised he would utilize the low bidder. This has all been reviewed by the WWTP engineer. Three bids were requested and two were received – Interstate Electrical Services bid: $41,684 (Warranty: 2 years) and Powers Generator Service bid: $38,750 (Warranty: 1 year.) (LS) There is a difference in the warranty of either one or two years.

(LS) Motion to approve bid for generator at the WWTP for Powers Generator Service ($38,750.) as recommended by Ron Vien, WWTP Supervisor.
(EN) Second. Carried 4-0.

INFORMATION ITEMS

None.

OLD BUSINESS

1. Administrative Plan for Budget Stabilization Pending
2. Policy for Access to Town Property Pending
3. Policy for Recruitment and Employment (To Be Revised) Pending
4. Policy for Employee Total Compensation Pending
5. Tax Collector-Action by Selectmen Re: Tax Deed Waivers Pending
(Halted/Reconciling Tax Lien Notifications)
6. Library Basement (EN) We are still working on the Library issues.
7. Estimate for Painting K-9 Vehicle Pending

APPLICATIONS and WARRANTS

1. Intent to Cut Tax Map R15, Lot 4

Larry Konopka recused himself and was seated in the audience.

(LS) Motion to approve Intent to Cut Tax Map R15, Lot 4. (EN) Second. Carried 3-0.

Larry Konopka returned and was seated on the Board

CHECKS and MANIFESTS

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

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

MINUTES

1. Public Session Minutes of September 18, 2012

(LS) Motion to approve Public Session Minutes of September 18, 2012 with corrections. (EN) Second. After Corrections noted: Carried 4-0.

Corrections:

Page 4, Paragraph 2, (LS) Motion should read: ……..supporting communication with Cobalt Properties…….
Page 4, Pargraph 5, Line 8 should read: ….currently is about $4,000.
Page 10, Next to Last Paragraph on Page: Garry Mullen:……….(LS) They are talking about it with the school.

(LS) Motion to approve Public Session Minutes of Joint Meeting with Board of Selectmen, Budget Committee and Department Heads of September 19, 2012. (EN) Second.

Discussion:

(LS) Page 4, Paragraph 4: Could you please listen to the tape and review
Lines 1-7. I think there were some other matters said which I would like noted in the Minutes.

(LS) Withdraw Motion to approve Minutes of September 19, 2012.
(EN) Withdraw Second.

Minutes tabled until the next Board meeting.

2. Non-Public Session Minutes of September 18, 2012

(LS) Motion to approve Non-Public Session Minutes of September 18, 2012. (EN) Second. Carried 4-0.

PUBLIC INPUT

Nick Abell: Board approved the generator for the WWTP and will be approving the bid for the Fire Department bid. Where is the money coming from? (PS) The users will be paying for the generator and the roof for the Fire Department will be from the Expendable Trust – Building Maintenance. Nick Abell: So the rates are going to go up on the sewer? (PS) Right now, Cara and I are reviewing the rates.

Mike Wolfe: As a point of discussion at the Town Meeting it was suggested that the curfew horn might go away when they were reviewing the removal of the fire alarm system. Board noted that this would have to be something discussed at Town Meeting. Mike Wolfe: If the horn is no longer a part of the fire alarm system, thought will have to be given to the compressor itself. It is inspected every year but is quite old. A new tank would cost about $500 and would only be for that purpose.

Efegenia Topouzoglou: The curfew was voted for originally. (LK) Yes, and it cannot just go away but would have to go before Town Meeting. We cannot just say “it is gone.”

Paul Richardson: I would support The Clothes Closet. They do a lot of good for the community and in general. Putting the rack out, does not hurt anyone. Other businesses put out items on the sidewalk. The Ordinance came into being when the video and sandwich shop was there. Every business should be separate and evaluated that way. Does the Beautification Committee need a Waiver? They put out barrels and flags. (LK) We are working on it and trying to make it user friendly.

Paul Richardson: A lot of the old storefronts in Town do not have smoke detectors or alarm systems – take it easy on them. (EN) When this issue came up, I walked around Town and gave businesses a copy of the Ordinance. They were not upset when I explained the safety issue.

Corinne Miller: There are not many businesses that show up and have sidewalk items. It is a shame to see things go away. We have the Ordinance and is it being enforced. Businesses are going away because there is always something discouraging. On Main Street, we cannot do a whole lot with the old buildings. I would like to see Main Street revitalized like Concord though I am not sure how to do it. To have more apartments on Main Street is not good for the Town though the buildings are not good for anything else. As far as the horn is concerned, I am sure some neighbors would like to see the horn go. It was noted that Police Chief said we cannot enforce the curfew without the horn. The curfew has worked and the horn makes the difference. (LS) We will look into it.

Close Public Input (8:00 P.M.)

Break: 8:02 P.M. Resume at 8:05 P.M.

NON-PUBLIC SESSION

(EN) Motion to go into Non-Public Session per RSA 91-A:3 II (a). (LS) Second. Carried 4-0. Individual members of the Board were polled, and all agreed.

Board went into Non-Public Session at 8:06 P.M.

Board returned to Public Session at 8:37 P.M.

(EN) Motion to seal Non-Public Session Minutes of October 2, 2012.
(LS) Second. Carried 4-0.

ADJOURNMENT

(GL) Motion to Adjourn. (LS) Second. Carried 4-0.

Meeting was adjourned at 8:40 P.M.

Approved: October 9, 2012

______________________________ _________________________
Lawrence Konopka, Chairman Date

I hereby certify that these Minutes were recorded by me on October 2, 2012, transcribed and public posted on October 4, 2012.

___________________________________________
Delores A. Fritz, Recording Secretary

Attachments
II Tapes