August 17, 2010 Minutes

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

MEETING MINUTES OF TUESDAY, AUGUST 17, 2010

CALL TO ORDER

Call to order at 6:00 P.M., by Denise Morin, Chairman.

MEMBERS PRESENT

Denise Morin (DM), Chairman, Fred Hast (FH), Eric Nilsson, (EN), Don Chase, (DC), Paul Skowron (PS), Town Administrator, and Delores Fritz, Recording Secretary.

MEMBERS ABSENT

Ed Vien (EV), Vice-Chairman

PUBLIC INPUT

Ted Mitchell: When you are in the process of hiring somebody, how do you bring to this meeting for interview? (DM) The application is received and then the interview can be scheduled. Mr. Mitchell: We would like this application for Recording Secretary for Planning Board to be on the fast track to have him available for September 2nd Planning Board meeting. (Board given copy of resume.)

Mr. Mitchell: I went to see George Bachelder regarding posts that needed to be constructed near the dam and wanted to see if they could be put in before they did the cement at the construction site. I told George’s people what I needed and when I went back later it had all been taken care of. This was a very common sense thing and I was very impressed with the way they accomplished it extremely fast and professionally.

Close Public Input

(DC) Before continuing with Agenda, I would like to make:

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

Board went into Non-Public Session at 6:04 P.M. (DC) requested that George Bachelder be part of the Non-Public Session. Board agreed.

Board returned to Public Session at 6:22 P.M.

(DM) Motion to seal Non-Public Session Minutes of August 17, 2010.
(EN) Second. Vote 2-2 (FH) and (DC). Motion dies because of lack of majority. See attached.

AGENDA REVIEW

(DM) Deed Waiver, Police Department Positions, WWTP Position, Fire Department Training, Welfare Monthly Report,Volpe Property.
(DC) Ambulance. (FH) Building Safety Hazards. (PS) E-Mail from Attorney Spector Re: 14 Depot Street, Draft Letter from Attorney Spector Re: 14 Depot Street, Payment Request from JJP & Son Re: Police Department Lobby Project, Copy of MS-4, Piaseczny Metal Images re: First Floor Fire Escape Repair Town Hall, Piaseczny Metal Images Re: Second and Third Floor Fire Escape Repair Town Hall.

(DC) I would like to discuss Minutes of August 3, 2010 now. (DM) We have several appointments, which we will address first.

APPOINTMENTS
6:00 P.M.: 14 Depot Street/Attorney Giuda

Atty. Giuda: We really have no presentation tonight. We have sent a letter to the Board as to their input and where to go, recommendations or approvals. Can we answer any questions? Does the Board have a specific response?

(DM) Has the Board looked at the property? (FH) I walked the property, but did not trespass. Yes, there are steel posts and strapping but it would be pretty hard to get to because of the brush. (DM) referred to a letter from Kyle Parker, Building Inspector from October 8, 2008 to Mr. Aubertin (read letter into Minutes) regarding the debris and hole in fence. The question is “Did you ever meet with Kyle to discuss the cellar hole? It was noted that there had been several E-Mails from Laura Spector. Mr. Aubertin: I cleaned it up and put up the snow fence. I am curious what the safety problem is.

Atty. Giuda: It is an unsightly fence; do you want to have it taken down? Steve would like to build on property or sell it. The question before the Board is whether it is safe or not. (DM) In my eyes, it is a safety issue because of the hole and no trespassing signs. Atty. Giuda: We believe it is safe. (DM) We do not.
Atty. Giuda: Board is obligated to point out what is not safe and what needs to be corrected. A six foot metal fence is safe. What is it you want us to do?

(EN) My honest opinion is that it still is not safe. Children can climb the fence and maybe a stockade fence would be better. (FH) Are you willing to cut the brush back? Mr. Aubertin: I cut it every year. (FH) Inside the foundation, too?
Mr. Aubertin: Yes, I will cut it. (FH) I would like to see you cap it.
Mr. Aubertin: I will not do that.

Atty. Giuda: I would like to keep this moving forward. There are eight to ten other significant problems in Town that we could name. Those are okay? Why is the Board focusing on this one? I understand what you are saying but this is an inappropriate administration of this Ordinance.

(FH) The economy was okay in 2005 through 2008. Mr. Aubertin: I am not here to discuss my finances. (DM) You have to maintain the fence. Atty. Giuda: We are trying to reach a resolution so that we will not have to come to another meeting. Mr. Aubertin questioned “If the fence was safe in 2005 why isn’t it safe in 2010?”

(DC) noted that the Board represented the people in Town and there have been numerous complaints regarding this specific piece of property. Our job is to act on those complaints. According to Statutes, the structure is a hazardous excavation and the Town can fill it in with sand. Atty. Guida: One complaint from the Town which was an anonymous unsigned complaint. You have to tell us specifically what the safety issue is. (DC) The foundation is seven feet deep and there is a six foot fence. If a child was to climb the fence and fall over, they would fall about 13 feet; of course, it is a safety issue.

Mr. Aubertin: Give me what you want me to do and what you are going to do and then I will do what I want to do.

Board discussed several options of filling the foundation with sand or “fill” and the cost to Town and Mr. Aubertin. It was noted that this would protect the foundation from deterioration.

Break 6:58 P.M. Resume 7:04 P.M.

Board thought that this would be a reasonable solution though it would be at Town’s expense.

(DC) Motion that Town, at Town’s expense, direct Highway Department to fill excavation at 14 Depot Street with sand and once filled, it would be the property of the property owner. (EN) Second.

Discussion: (FH) What about the cost to the taxpayers? (DC) Yes, it would be an added expense to the taxpayers, however, it would be a minimal cost at best as opposed to going to Court. (FH) What is the size of the foundation?
Mr. Aubertin: After some thought, decided it was about 40 ft. x 26 ft. What happens is that it becomes a Town sandbox. I would have more kids then than I do now. (DC) I respect Fred’s opinion here, and I would like a detailed accounting as to the cost to fill it and the cost to file it in Court and then come back and decide.

(DC) Amend Motion to include costs as noted. (EN) Second.

Discussion: (EN) Problem is just how long would it take to resolve this?

7:15 P.M. (DC) left meeting (requested to leave, but not confirmed by Chairman).
7:19 P.M. (DC) returned to meeting.

Vote: 2-2 (FH) and (DM) Motion dies because of lack of majority vote.

Board discussed possibility of Town providing “fill” and Mr. Aubertin assuming cost of “hauling it.” Mr. Aubertin assured Board that he would be open to working with Town.

Board agreed that further research would be justified as to costs and will again address the matter at next Board meeting.

6:10 P.M. John Kidder Re: LGC Training (7:25 P.M.)

Mr. Kidder indicated that he is the Chairman of the Budget Committee which will be meeting on Wednesday evenings. (Schedule will be posted.) He noted Budget Review will begin on November 1st; School by December 15th and the Town Budget by mid-October.

He noted that LGC has a one day seminar in relation to legislative action and State aid programs. “I would like to have the Budget Committee members attend.” There is one scheduled in Manchester on September 21st and also one (which is the same seminar) on September 23rd at a cost of $40 per person. (Budget Committee members could attend either one.) It was suggested that, perhaps, a one representative could be sent to inform other members of subject matter.

Board agreed that Mr. Kidder would get a definite headcount of members wishing to attend and get back to Board for decision.

Mr. Kidder informed Board that the CIP will be meeting on Monday evenings and that the BOS representative as well as the School Board representative have not attended last two meetings. He also indicated that it is his understanding that multiple sewer lines also need replacement and would like some information on that to see if Federal funding can be acquired.

Mr. Kidder left meeting at 7:40 P.M.

NEW BUSINESS
ACTION ITEMS

1. Conditional Employment of Building Inspector

(PS) Mr. Kramer is all set and we are awaiting response regarding the criminal background check. He has provided a copy of his physical examination and we should consider offer to have Mr. Kramer start employment pending criminal background check. (EN) We should try and get him in as soon as possible. There is a lot going on in Town.

(DM) Motion to hire Daniel Kramer as Building Inspector and Health Officer contingent upon his background check effective August 24, 2010. (FH) Second.

Discussion: (DM) amend Motion to include as Code Enforcement Officer also. (FH) Second amendment to Motion.

Board agreed that his hours of work would include all day Tuesday/Thursday and Friday 1-4:00 P.M. and at a starting pay of $25.80.

Vote: 4-0.

2. Perambulation of Town Lines

(EN) noted that he could be available to do this. (FH) suggested GPS for this. (EN) noted that he could possibly GPS the perambulation.

(DM) Motion to approve Eric Nilsson to accomplish perambulation of Town lines with Barnstead. (DC) Second. Carried 3-0. (EN) Abstain.

3. Welfare Lien Tax Map R34, Lot 5-2.

(DC) Motion to approve Welfare Lien Tax Map R34, Lot6 5-2. (EN) Second. Carried 4-0.

4. Board of Selectmen Action: MS-1.

(PS) This is not yet complete. We are awaiting utility values. When that has occurred, I will E-Mail you to come in and sign.

5. Board of Selectmen Action: MS-4.

(PS) The MS-4 is the revenue estimated by Town to DRA. It is not the final requirement and is the basis for the tax rate. Board will authorize Paul to sign.

(DC) Motion to approve MS-4 and authorize Town Administrator to sign.
(EN) Second. Carried 4-0.

6. Rural Development – Right of Way Certificate

(DC) Motion to authorize Chair to sign Right of Way Certificate for Town.
(EN) Second. Carried 4-0.

7. Appointment to Fair Hearing Board

(DC) Motion to approve appointment of Diane Vaughan to Fair Hearing Board. (EN) Second. Carried 4-0.

(PS) to send letter of appointment.

8. Request for Family Medical Leave

(DC) Motion to grant request for Family Medical Leave for Joseph DiGeorge (with our best wishes.) (EN) Second. Carried 4-0.

9. E-Mail from Attorney Spector Re: 14 Depot Street

See above.

10. Draft Letter from Attorney Spector Re: 14 Depot Street

See above.

11. Payment Request from JJP & Son Re: Police Department Lobby Project

(FH) Motion to reimburse JJP & Sons $4,000 for materials for Police Department Lobby project. (DM) Second. Carried 3-0. (EN) Abstain.

Discussion: (DC) The Building Inspector has discussed with me regarding the Building Permit fees for clarification. He is of the understanding that if project runs over into second year, applicant pays one-half the original fee. (FH) As long as the project is continuous, there is no additional fee. (EN) We have set a precedent by refunding the permit fee for Osborne. (DC) We acted upon their request and we should make sure it does not happen again. Kyle said he was agreeable that this was refunded but was unsure how BOS calculated this.
(DM) That is a good question and something that should be addressed with the new Building Inspector for clarification.

(EN) As Alternate Selectman to Planning Board, please feel free to bring any gray areas to me that can be clarified by the Board. (DM) I would like to see Lot Line Adjustment and Subdivision be two separate applications.

12. Copy of MS-4

See Above.

(13. Piaseczny Metal Images Re: First Floor Fire Escape Repair Town Hall
(14. Piaseczny Metal Images Re: Second & Third Floor Fire Escape Repair
Town Hall

(PS) We have two estimates from Piaseczny Metal Images which were obtained to address the Life Safety Codes as noted by Fire Chief. There is a proposal to fix the fire escape off the small conference room and also the one outside Cara’s desk area. We have sent copies to the Fire Chief and he will be talking to Mr. Piaseczny to assure that whatever is done is in accordance with code. (DC) So, are they structurally safe? (PS) Yes, that has already been determined.

INFORMATION ITEMS

1. Police Department – August 2010 Shift Schedule
2. Letter dated August 2, 2010 from DRA Re: Tax Collector Review
3. Sample Deed Waiver Form Referenced in the August 2, 2010 DRA
Letter
4. DES Letter date August 6, 2010 Re: Groundwater Discharge Permit
Issuance
5. Welfare Department – July Report

(DM) I want to make note that Diane O’Callaghan is doing an excellent job in Welfare Department, a very, very good job. Let us hope that winter goes as well. Don, have you done any Welfare inspections yet? (DC) I have done two. I would like to add that the savings in Welfare are great, but as long as it does not mean denying service. (DM) Diane works one on one. (DC) I am impressed with the savings, but again, as long as it is not at the cost of people who need service.

6. Pittsfield Fire/Rescue Activity Report January through June 2010

(DM) I have some questions about the Activity Report. Are we paying them to attend training? Are they all attending? It was agreed that the training would be staggered and I have asked for a report from the Fire Chief, which I have not yet received. (PS) This report was requested at the last Department Head meeting also. (DM) Please request one more time.

7. Notice from Northwood Budget Committee Re: Training
8. New Release dated July 28, 2010 from Executive Councilor John D. Shea
9. Police Department Part-Time Officer Positions

(DM) What is the status of the Police Department Part-Time Officer positions? (PS) Will check.

10. Volpe Property

(DM) What about the Volpe property? (EN) That has to be secured.
(DM) Board send letter inquiring of status. (PS) to do. (FH) He claims he got an extension of his Building Permit. Who gave him that? (PS) I would assume Kyle. (FH) His year is up. (PS) to write letter. Ted Mitchell advised Board that Kyle does have Mr. Volpe’s plans for rebuilding the structure, though he does not know how long he has had them and nothing has come before the Planning Board.
(PS) to inquire as to the status of the plans.

11. Ambulance – Loudon Road

(DC) On Sunday night, I was on Loudon Road in Concord and observed a Pittsfield Ambulance parked at Dunkin Donuts at around 10-10:30 P.M. If they were enroute from hospital it would be okay but Loudon Road is not the right road to take from the Hospital. They did not have any reason to be there. Our brand new ambulance was parked right outside and I observed two of our employees standing in line inside. (PS) to check.

12. Building Safety & Hazard

(FH) Across from the Post Office on Depot Street, owners on have taken out a door and put in double French doors. They have a bench out there that they sit on with no railing around the area. The Building Inspector said that they have taken out a single door and put in the double door which is acceptable. (DM) I have asked Kyle to talk to the property owners.

(FH) Also, the old Five and Dime building on Depot Street, I thought was in the process of being condemned. (DM) This would be something that the new Building Inspector could check out. Mr. Kidder related that HSA was supposed to take care of this about 15 years ago.

(FH) Regarding 5 Main Street, the Fire Chief was supposed to check out how many and which businesses are housed in there. Someone came into Town Hall inquiring about a business in there and Town did not know anything about it. In the past, I have asked the Fire Chief for a schematic of the building, which he says he has.

(FH) The Prophecy Tattoo business has two 500 lb. gas cylinders out in the yard. The Fire Chief should inspect this, which I mentioned previously. (DC) The Fire Chief was made aware of it weeks ago. I understand he inspected it, talked to the owner and the gas company and it was to be corrected. The Chief said it would be taken care of immediately, but nothing has been done.

(FH) The windows to be replaced at the Town Hall, … (EN) I was supposed to meet with Paul about this. He agreed that he would do so.

(FH) Union Block and Green Block – these buildings need to be re-inspected and repairs made.

(DM) Please discuss all these with the Building Inspector.

APPLICATIONS AND WARRANTS

1. Sewer Warrant, Second Quarter

(FH) Motion to approve Sewer Warrant, Second Quarter ($104,202.13).
(DC) Second. After Discussion: Carried 4-0.

Discussion: (DM) The outstanding balance always seems to be $36,000, is there a reason for that? (PS) agreed he would check with Cara. He noted that the Board had implemented some modification of fees several years ago but not since. Town is spending more than it is collecting but there is a fund balance.

CHECKS AND MANIFESTS

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

(DM) Motion to approve Payroll and Direct Deposits. (DC) Second. After Discussion: Carried 4-0.

Discussion: (DM) The Balloon Rally expended more than the $3,000 which was budgeted. Is the Rotary going to be billed for the additional amount?
(PS) Chief says “Yes.”

MINUTES

(DC) The conversation with Dan Green should be added into the record for the Minutes of August 3rd verbatim the part where he notes he is working with the Fish & Game in regard to poaching.

(FH) related that the Forester and he looked at the area and there are no sugar maples, they are red maples. The trees are one inch in diameter and were not planted there. Trees that are 10-12 inches in diameter cannot be transplanted, according to the Forester.

(DC) Point of Order, what is in the Minutes and what you just commented on cannot be put into the Minutes now. (FH) I realize that. This was just for informational purposes. Also, what was inside the stone wall was not trimmed.

(FH) Also on Page 3, it is noted that the floating pump is worn on the back; the floating pump is not worn on the back but is laid in a stream to utilize water where water cannot be “pumped in.” I checked with Chiefs from other locations and they advised that they seldom use this type of pump. If we have one, we do not need two.

(DC) Motion to approve Public Session Minutes of August 3, 2010 with corrections as noted. Carried 3-0. (FH) Abstain.

(DC) Motion to approve Non-Public Session Minutes of August 3, 2010.
(EN) Second. Carried 3-0. (FH) Abstain.

PUBLIC INPUT

Ted Mitchell: Eric, are you going to be here early to open up for Planning Board meeting on Thursday. (EN) Yes, I will be here early.

Ted Mitchell: The qualifications of the new Building Inspector, is that something that the Planning Board could review since he will be working close with the Planning Board members. (PS) noted he would draw up a press release for Planning Board and The Sun.

Mr. Mitchell also noted that during the Balloon Rally there was only one place for handicapped parking which was across from Irving, but the grass is so high it is not really an appropriate place for handicapped parking. (DM) noted that there were several other areas designated for handicapped parking in Town. (DC) The property owner for that area is Irving and they are located in Canada.
Mr. Mitchell: If they allow Town to use it, then they should allow it to be cut. (DM) noted that there was a record crowd for the Balloon Rally this year.
Mr. Mitchell: It was the only marked spot that we could find and when asked of the Police.

John Kidder: Has someone investigated if the property of the Fire Department is still in the basement at Zoya’s? There is some property in there that belongs to the Town. Board agreed they would check with Fire Department.

Mr. Kidder: Also, I neglected to disclose that Fred’s wife sister’s son is my half brother. (FH) was unaware of this connection.

Close Public Input

NON-PUBLIC SESSION

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

Board went into Non-Public Session at 8:47 P.M.

Break 8:47 P.M. Board began Non-Public Session at 8:54 P.M.

Board returned to Public Session at 9:27 P.M.

(DC) Motion to seal Non-Public Session Minutes of August 17, 2010.
(EN) Second. Carried 3-1 (FH).

ADJOURNMENT

(DC) Motion to adjourn. (EN) Second. Carried 4-0.

Meeting adjourned at 9:30 P.M.

Approved: August 24, 2010

_____________________________ _______________________
Denise Morin, Chairman Date

I hereby certify that these Minutes were recorded by me on August 17, 2010, transcribed and public posted on August 19, 2010.

________________________________________
Delores A. Fritz, Recording Secretary

II Tapes