August 21, 2012 Minutes

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

MEETING MINUTES OF TUESDAY, AUGUST 21, 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

None.

PUBLIC INPUT

Larry Berube: I just have a couple of things I wanted to say. I turned in some papers to Paul S. regarding the clutter on Main Street in front of Jitters. I was walking past the restaurant and there are tables, chairs, benches, hanging flowers and a penguin on the sidewalk. I had to move out of the way of some “bicycle riders” and almost got hit because of items in front of restaurant. When I had the restaurant there, the Police Department made me remove everything out front. The Police Department should look into that. Who is responsible for any liability concerning any injuries that may occur because of this?

Secondly, I tried to open a business in Pittsfield and was told by the Fire Chief “No” because it was one of three buildings in Town that have not complied with regulations which has been going on for over 16 months. Have the landlords been notified that the buildings can be closed down? I gave Paul paperwork several weeks ago and he sent the information to the Fire Chief. These papers were addressed to the Board not to the Fire Chief and I meant the Board. If there is a fire in one of these buildings, who is responsible? Is the landlord or the Town responsible if the landlord has not complied?
Are we putting profits before lives? The owners should be closed down tomorrow. (LK) We will be discussing this later. Larry Berube: This will not go away and should be addressed with the Town Administrator, Fire Department and Building Inspector. What is more important the person or the buck?

Close Public Input

AGENDA REVIEW

(EN) Electrical Pole Outside Building, Cisterns in Town; (PR) Town Owned Properties; (LK) LGC Classes; (PS) BOS Discussion Re: Interim Fire Chief Position Vis-à-vis the Full Time Fire Chief Position, Chief of Police E-Mail Re: Complaint 30-32 Main Street, Memo from Fire Chief DeSilva: Re: Library, E-Mail from Town Attorney RE: Questions Posed by Deputy Building Inspector Re: Junkyards.

PUBLIC HEARING

6:01 P.M.: Public Hearing to Accept Donation from Delta Dental
Valued at $450.

(PS) As Board may recall, the Fire Chief obtained three computers donated by Delta Dental and the Public Hearing was scheduled regarding the receipt of these gifts valued at $450.

Open Public Input:

Fred Hast: The value of the computers is $450; what about the software? What is that going to cost? Chief DeSilva: The donation was just for the computers. (PS) The cost of the software would be about $500 to $800. Fred Hast: Or maybe even $1,000. (PS) I do not think you would like your community Fire Department to operate without current technology. The computers are for the functions of the Fire Department and will probably need Microsoft 2012 installed. Fred Hast: The other computers were not good? (PS) Correct. Certified Computers, our contracted service, performed a check on them and agreed that they were not.

Close Public Input

Fire Chief DeSilva: If accepted, could we please send a letter of thank you to Delta Dental. (PS) to do.

(PR) Motion to approve acceptance of three computers valued at $450 from Delta Dental to the Fire Department with letter of thank you. (LS) Second. Carried 5-0.

APPOINTMENTS

6:05 P.M.: Meeting with John Patenaude, Pennichuck’s CEO and
Donald L. Ware, PE, Chief Operating Officer

Mr. Patenaude: I am here as I think you have some questions and concerns regarding the land around Berry Pond and we are present tonight to determine if the Town is still interested in purchasing it. We are asking if the Town still has an interest in purchasing Pittsfield Aqueduct which is the main reason for this visit. Board noted that the Town might be interested but would need some values.

Donald Ware: He explained the rational for the removal of the Berry Pond Dam noting the cost of rebuilding it would be greater than the cost of removing the dam plus the insurance costs of about $20,000. Removal would occur at about one foot per day over a period of time (pictures will be accomplished daily), structure would be removed and the natural stream would resume. There has been no distribution of water from this lower pond in the last five years.

(LK) Keep in touch with Paul.

Donald Ware: Also, we will be working with the Road Agent regarding the steel pipes on Joy Street which will probably be done this year.

Mr. Patenaude and Mr. Ware left meeting at 6:20 P.M.

6:10 P.M.: John Topouzoglou

Cancelled

6:30 P.M.: Chief John DeSilva Re: Employment of Part-Time EMT’s

Chief DeSilva: We have three new hires. They were invited to attend tonight and will be here shortly except for one (Robert Bousquet) who is working his regular shift and is unable to attend. Board noted approval of employment would follow their arrival.

INFORMATION ITEMS

1. Memorandum from Fire Chief DeSilva Re: Library

Fire Chief DeSilva reviewed with the Board the contents of his Memo pertaining to his inspection of the Library on August 20, 2012. He commented on the matter of only one egress from the basement area which houses the Children’s Reading Room with the recommendation the use of the basement be changed or closed due to this issue as well as the “mold” problem which is a potential health issue until resolution can be found. (See Attached.)

(EN) Motion to shut down the Children’s Reading Room at the Library for use by the public until further notice. (LS) Second. Carried 5-0.

(PS) to contact Rosa as soon as possible and (EN) to handle tomorrow.
(PS) to discuss with the Fire Chief on how to address these issues.

4. Letter Re: Sprinkler Systems in Businesses

(PS) It should be noted that the reports from Larry Berube were sent to the Fire Chief.

Fire Chief DeSilva: Concerning 30-32 Main Street, the previous Fire Chief was dealing with this in the past. Mr. Berube requested inspection reports including the letters written by Chief Johnson with the deadlines. As far as I can determine, the previous inspection by the Fire Department dealt with different codes which were in effect then to those currently in use. Lt. Abell is in process of writing letter regarding compliance. We will get back to the Board at a later time concerning the results.

5. Cisterns Located in Town

(EN) Is the Town liable for keeping these cisterns filled? Are we supposed to take care of them? Lt. Abell: Once they are installed, it is up to the Fire Department to maintain. Fire Chief DeSilva: Once they have been accepted as complete, they belong to the Town.

APPOINTMENT CONTINUED: Employment of Part-Time EMT’s

Arrival of Howard Hill and Nick Hoisington prompted the introduction to the Board and they were requested to offer a brief history of their experience. (LS) noted that she does know Robert Hill through other individuals. Mr. Hill explained he has been an EMT for the past two years and a Fire Fighter for one. He is currently employed in Northwood part-time and looking forward to being in Town. Mr. Hoisington briefly explained that he is also employed part-time in the Town of Northwood and has been an EMT for a year and a half and is looking forward to working and possibly moving to Pittsfield.

(LS) Motion to approve employment of three part-time EMT’s – Howard Hill, III, Robert Bousquet and Nick Hoisington. (EN) Second. Carried 5-0.

NEW BUSINESS
ACTION ITEMS

1. Execution of Purchase and Sales Agreement for 20 Berry Avenue

(PS) Property is being sold to the abutter (Hackett).

(LS) Motion to accept Purchase and Sales Agreement for 20 Berry Avenue.
(PR) Second. Carried 5-0.

2. Junkyard License Renewal – James Snedeker

(PS) Attached to your packet of information is Junk Yard License Renewal for James Snedeker. Selectman Nilsson had some other questions which were reviewed by the Town Attorney to which she has responded. I believe at this point everything is in order.

(EN) The only change I would like to make would be to add and Item 4 which pertains to the Self-Audit Checklist. (PS) The Self-Audit Checklist is a checklist that all junk yards are supposed to accomplish and if added to Mr. Snedeker’s then it should be added to all the licenses. It puts it in writing and next year we can add it to the license for all of them. Some operators have already completed their licenses for this year.

(LS) Motion to approve Junk Yard License for James Snedeker. (EN) Second. Carried 5-0.

3. Board of Selectmen to File for Extension for MS-1

(PS) The MS-1 extension form is one that we request on a yearly basis. The DRA notes the utilities value and this will be ready around September 1st.

(LS) Motion to approve extension for filing of MS-1. (EN) Second. Carried 5-0.

Discussion: (LS) DRA can do the utilities value but the assessment company can do this as well. (PS) to check. Board signed document.

4. Board of Selectmen Submittal of MS-4

(PS) The MS-4 statement is an estimate of revenues in 2012 filed with the DRA by September 1st which also determines the calculation of the tax rate.

(LS) Motion to approve submittal of MS-4. (PR) Second. Carried 5-0.
After Discussion: Motion amended to provide for signature by Chairman, Paul Skowron, Town Administrator or Cara Marston. (PR) Second to amendment. Carried 5-0.

Discussion: (PS) Authorization to sign the MS-4 can be Chairman, Cara Marston or myself. Board amended Motion to include these individuals.

5. Selectmen to Act on Petition and Pole License

(PS) George has reviewed the location and is satisfied.

(LS) Motion to approve PSNH license for two poles (805/14 & 805/15) located on Clough Road. (GL) Second. Carried 5-0.

Board signed documents.

6. Deliberation on Revision to In-Law Apartment Permit

(EN) This is the former one and I put the authority from the Building Inspector unto the Town instead. It is the same form.

(EN) Motion to approve the revised In-Law Apartment Permit. (GL) Second. Carried 5-0.

7. Board of Selectmen Discussion: Interim Fire Chief Position Vis-à-vis the Full Time Fire Chief (Approved at Town Meeting of 2006)

(PS) The matter of a full-time Fire Chief was discussed briefly previously and it is now before Board for discussion tonight. I have gone back to the Town Meeting Minutes of 2006 and have asked Cara to find the tapes to have them transcribed verbatim before we enter into an in-depth discussion. I believe there was a study committee and we are looking for that report as well. Perhaps, the public could offer us any additional information relative to this matter. This will be on future Agenda.

8. Chief of Police E-Mail Re: Complaint 30-32 Main Street

(PS) This is an issue touched upon by Mr. Berube and I have requested the Police Chief’s thoughts and as you can see, he has made some recommendations to provide a greater level of service such as removing or relocating the hanging plants and the OPEN sign.

(LK) Paul (PR), would you like to recuse yourself. (PR) No, I am fine with this.

(PR) I talked to the Chief about the plants and they are the ones closest to the sidewalk.

(EN) Paul, would you like to recuse yourself. Selectmen Rogers again declined to recuse himself.

Chief Wharem: I met with the Building Inspector regarding the hanging plants. As I understand the issue, I talked to George Bachelder and ADA would not offer measurements. This concerns the hanging plants in the walkway only and the OPEN sign on corner. The Building Inspector and I will do a letter to the Planning Board concerning policies about this. There are no Town ordinances to regulate that. The parking spaces are more of an obstruction than anything.

(EN) Motion to request business owner at 30-32 Main Street to remove the hanging plants and OPEN sign per the recommendations of the Police Chief.
(LS) Second. Carried 4-0. (PR) Abstain.

INFORMATION ITEMS – Continued

6. LGC Classes

(LK) I have some information regarding classes at LGC if anyone is interested.

1. Request by the Tax Collector: Action by Selectmen/Tax Deed Waivers

(PS) It is the time of the year when the Tax Collector provides a list of properties that qualify to be tax deeded. The Town acquires the property and requests parties to move. It is an evolving process and Waivers are the documents which we would needed if you choose not to take the property. There is a folder in the Town Administrator office with a history of those properties already tax deeded and new agreements for Board review. This is not an easy issue to deal with. (EN) We could review by the next meeting.

(PR) Have all the appropriate parties been notified? Can we request Erica to verify she sent out the notices to property owners, banks, mortgage companies, etc.? (PS) Also, we should verify that previous notices have been sent by Liz.

This matter will be tabled until next meeting.

(PS) Also, I have provided the Board with a copy taken from the Town Meeting of 1998 concerning mobile homes authorizing Board of Selectmen to sell and convey any mobile home of low value, acquired by Tax Collector’s Deed. (See Attached.) There are a number of mobile homes to be tax deeded and it does not specify what a “low value” actually is. (GL) The 20 Berry Avenue property is similar to what you are talking about.

7. Damaged Pole

(EN) There is an electrical pole on the side of the Town Hall property which was damaged and Jesse has offered to fix it free of charge. Board: Thank you, Jesse.

1. Tax Deeded Properties

(PR) We should review all paperwork to insure that proper notification to property owners, banks, etc. have been done before as there have been some that have not been correctly notified both past and present.

(LK) Paul, what are the closing costs? (PS) I can check. The Town Clerk does the notification and we can do due diligence on those properties to be considered and also last year’s properties. (LS) So the Town Clerk does it? (PS) Yes.

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

APPLICATIONS AND WARRANTS

1. Elderly Exemption Adjustment Tax MapR48, Lot 4

(PS) There is a modification to the current exemption because of the estate and it is prorated. The 1/6th eligibility is the exemption to be approved.

(LS) Motion to approve Elderly Exemption of 1/6th ($8,333.) for R48, Lot 4. (EN) Second. Carried 5-0.

INFORMATION ITEMS – Continued

1. Library

(LK) Jesse Pacheco gave us an estimate a while back for the mold at the Library. Paul, could you find that for us? (PS) Yes.

(EN) Also, outside the building where they removed the wall (two blocks high) that installed perforated drains which is not re-directing the water but rather spreading it out.

(PS) to check.

CHECKS and MANIFESTS

(LS) Motion to approve Accounts Payable and Check Register. (GL) Second. Carried 5-0.

(LS) Motion to approve Payroll and Direct Deposit. (PR) Second. Carried 5-0.

MINUTES

1. Public Session Minutes of August 7, 2012

(PR) Motion to approve Public Session Minutes of August 7, 2012 with corrections. (EN) Second. Carried 5-0.

Corrections:

Page 5, Last Paragraph: Name change to Mary Thorpe throughout paragraph.

Page 5, Last Paragraph, Line 8 should read: (LK) Maybe we could work on some sort of plan.

2. Non-Public Session Minutes of August 7, 2012

(PR) Motion to approve Non-Public Session Minutes of August 7, 2012.
(EN) Second. Carried 5-0.

PUBLIC INPUT

Nick Abell: Regarding the Library, what are you going to do about the
downstairs – not allow anyone down there? (PS) This is something we heard about this afternoon and we will notify Rosa via E-Mail that the downstairs room should be occupied by no one and not used until it can be evaluated and resolution found. Nick Abell: What about the mold at the Fire Station? No one should be in there either. (PS) I do not know if there is an issue there. Fire Department should evaluate that as well. (LK) I talked to the Chief today and that is being done. The Library is a different circumstance and the main factor is the lack of egress and it was for this reason that the Library was closed. Nick Abell: I thought the mold was the prevailing factor? (LK) I looked at it this weekend and have asked the Fire Chief to do an evaluation. It is being addressed and Fire Chief DeSilva is getting some quotes. It is really the issue of egress.

Rob Freese: I have a few questions. During the Balloon Rally weekend, several businesses blocked off parking spaces for their businesses. (PR) This was discussed last year and it was decided that it would not be enforced but three spots could be allotted per business but vehicles would not be towed away. Rob Freese: This does not seem very welcoming. (LK) It came across this Board because last year it was done and I was not for it. If something like that is done, it would have to be with more definition. It was enforced by businesses not by the Town.
(LS) This is a policy? (LK) No, it is not enforced by the Town. (LS) Then they really should not be doing it. Rob Freese: I think I own as much of the public ways as the businesses and it was a nuisance to the rest of the community.

Rob Freese: On the 4th of July the flags were lowered to half-staff – why? (PR) I believe this was also brought up by Fred Hast. Rob Freese: Only the President and the Governor have the authority to do that. (PS) I believe it was by mandate of the President due to the killing spree in Colorado. Fred Hast: If one flag is half-staff, then they all should be.

Rob Freese: Have any savings incurred within the Fire Department and Police Department with the new schedules? (LS) There has been a saving of within 3-4%. Rob Freese: Is that just for the schedule change? If there has been no real savings, put it back the way it was. (LS) That has not yet been determined.
Rob Freese: What are the costs of legal counsel? (PS) I do not have that readily available but if you will contact Cara she can provide you with that information.
Rob Freese: The Non-Public Session Minutes, when will they be available?
(LK) These Minutes are sealed and not available to the public. (LS) Anything that needs to be voted upon is done in Public Session. (LK) explained that when Board returns to Public Session after a Non-Public Session, the Minutes are immediately sealed. Rob Freese: These Minutes are supposed to be available to the public within 72 hours. (LK) Not if they are sealed.

Larry Berube: During the discussion about 30-32 Main Street, Larry and Eric asked Paul to recuse himself and he did not. There is a conflict of interest there as he is the property manager and on the Board. Also, when I owned Zoya’s, the parking and the flags were safety issues and now you have hanging flower pots and benches in the way. (EN) We are looking into it.

Larry Berube: I am not saying that this Board did anything wrong but tax deeded property was purchased by a Board member. When a Board member buys property like this, the perception is not good. I am totally —— off, and I do not feel we have five Selectmen but feel like we have one.

Adam Gauthier: Could we make an ordinance regarding the outside of buildings? (PS) We could and if anyone would like to author or contribute to doing this, that certainly is an option.

Larry Berube: We should have a Waiver that the Town is not responsible for these things.

Maurice Wells: About two months ago, the cemetery fence on High Street was hit by the roadside mower. Is that going to be fixed? (LK) We will look into it. Maurice Wells: The Charlie Watson apartment has not been inspected and should have been a year ago. The Town is libel. (LK) HSA went up there and a lot of electrical work was done up there. Maurice Wells: I would still like to know the liability to the Town. (LK) Volunteers worked on the property and brought him up to code and it should have been inspected. Check with Fred Okrent. (PS) will check also.

Maurice Wells: The canine vehicle log book – is that open to the public. Paul you were supposed to look into it. (PS) We do have the canine log book on file. I will have to check about exposing where the vehicle has been. I do remember that the log book was not being provided on a weekly basis but that has now been addressed.

Fred Hast: The elderly exemption, how much was it? (PS) $8,333. Fred Hast: The public should have been asked on that. The properties to be tax deeded, is that list going to be put on the bulletin board for public review? (PS) When the Board makes a decision to waiver or not, then it will be – yes. Fred Hast: What about the tax deeded properties from last year? (PS) We are trying to set closing dates.

Fred Hast: At 32 Main Street there is a flag sitting in a post which is blocking a space. (EN) We will be working with the Police Department on a list.

Joey Darrah: The Fire Department has hired some new people. How is the Police Department doing in hiring a full-time and part-time people? (PS) Chief and I have spoken with several people and there are candidates which are in the process of getting background checks. Joey Darrah: Are we ever going to replace the full-time police officer? (PS) No one has responded for full time that is certified. (LS) We are trying to get manpower. Joey Darrah: How are we making out with 24 hour coverage? (PS) To be best of my knowledge, there is coverage.
Joey Darrah: If we have nothing to offer that they will not come to this Town.

Chief Wharem: We have hired one individual and are in the process of accomplishing two background checks for individuals that are fully certified. We do have someone interested in coming back as full-time. We ran an ad and received thirty responses and no one was certified. We did receive some responses for part-time of which about 6-7 were certified.

We provide 24 hours coverage and the officers are working alone within some dangerous situations. The Board is aware of this and is doing the best they can. The Fire Department and the Police Department do not have similar hiring practices and it takes much longer for a police officer to be hired. With part-time hires, additional training time is necessary as they require the same training as a full-time officer.

Larry Berube: I have one question on Details. When officers are doing details, they use the new cars and it sits there and idles all day. Why can’t we keep our older cruiser and use them on Details instead. The officers would be making the extra money and it keeps the newer cruiser in Town.

Mike Wolfe: The mold survey, is that going to come out of the Fire Department’s budget? (LK) No, it would be part of the Town Building Maintenance line.
Mike Wolfe: The Fire Department had some issues with things around the building like EXIT signs, has that all be taken care of. Pat Heffernan: That is about one third done. We are in a “contest” with the inspector about the number of signs, etc. He let the Sewer Department off the hook and should let the Fire Department off the hook. It is progressing.

Larry Berube: I have a mold business and it costs about $1,200 to $1,500 to take samples and have them processed. I have the equipment to do it and would like to do it for the Town. (LK) Could you see the Fire Chief? Larry Berube: If you need someone to spray, I also have the equipment for that. You would just have to pay for the sampling.

Close Public Input

Break 7:55 P.M. Resume 8:03 P.M.

NON-PUBLIC SESSION

(EN) Motion to go into Non-Public Session per RSA 91-A:3 II (a) and (c).
(LS) Second. Carried 5-0. Individual members of the Board were polled and all agreed.

Board went into Non-Public Session at 8:05 P.M.

Board returned to Public Session at 8:17 P.M.

(PR) Motion to seal Non-Public Session Minutes of August 21, 2012.
(EN) Second. Carried 5-0.

ADJOURNMENT

(GL) Motion to adjourn. (EN) Second. Carried 5-0.

Meeting adjourned at 8:20 P.M.

Approved: September 4, 2012

______________________________ ______________________
Lawrence Konopka, Chairman Date

I hereby certify that these Minutes were recorded by me on August 21, 2012, transcribed and public posted on August 23, 2012.

__________________________________________
Delores A. Fritz, Recording Secretary

II Tapes/ (4) Attachments