August 24, 2010 Minutes

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

MEETING MINUTES OF TUESDAY, AUGUST 24, 2010

CALL TO ORDER

Call to order at 6:02 P.M., by Denise Morin, Chairman.

MEMBERS PRESENT

Denise Morin (DM), Chairman, Ed Vien (EV), Vice-Chairman, Fred Hast (FH), Eric Nilsson, (EN), Paul Skowron (PS), Town Administrator, and Delores Fritz, Recording Secretary.

MEMBERS ABSENT

Don Chase (DC).

PUBLIC INPUT

None.

AGENDA REVIEW

(FH) Town Hall Floors, Union Block and Green Block Buildings , 5 Main Street, Propane Tanks – Prophecy Tattoo, MS-4 and MS-1, Town Hall Windows, Tilton Hill & Catamount, Roll Call Ambulance Calls; (DM) & (EV) Library Wall; (DM) Ethics Committee, Ambulance – Dunkin Donuts; (EV) CIP Committee; (EN) Main Street – Volpe, Planning Board; (PS) P & M Closing.

PUBLIC INPUT

Ted Mitchell: The Village Pizza sign by the dam does not indicate where it is located. They would like a sign with an arrow pointing to their location. There is an existing NO PARKING sign which, perhaps, could also hold a sign bolted on to it noting Village Pizza with a directional arrow. “It would look like a street sign.” (Mr. Mitchell displayed a mock-up of what sign would look like.) (EV) noted that

if he is to have one on Route 28 that it could inform of directions there, like the Jitters sign does. (PS) If you do that for one business, you would open the door to do it for other businesses. Ed’s observation is a decent one. Ted Mitchell: I will talk to Village Pizza again. (FH) Have you talked to the property owner on the corner for placement of a sign” Ted Mitchell: That would not be feasible. He also noted that several other advertised businesses in Town are showing some increase in customers, hopefully due to the signs.

NEW BUSINESS
ACTION ITEMS

1. 14 Depot Street

(DM) noted that she had requested this be put back on the Agenda because Board did not make a final decision on the matter. “We have not decided what we are going to do.” There have been no numbers acquired regarding costs – Town supplying the fill and Mr. Aubertin providing the transport. Since nothing was actually voted upon, I would like to know what each Board member’s concerns are about the property. I was in the area and did take some pictures (for Board review.) Part of the fence is broken and ripped wide open. It is the perception of Atty. Guida that Mr. Aubertin fixed the breech and re-enforced the fence even more. (EN) Like I mentioned at the last meeting, perhaps a stockade fence would be better. (DM) At the property site, there is even a chair near the fence. The property owner did not feel that children could climb over the fence and was requested to cut the brush back. (EV) noted that he had gone by the area today and it looked like someone was doing that today and there were boards laying around and perhaps, it was for re-enforcing the fence.

(DM) I am really concerned about this. I would like to give the property owner every chance, but unless we proceed I do not think he will be doing anything. He should be a responsible property owner. I am not talking about appearances but just the safety aspect. (EV) We should let him know what is acceptable which would be a six-foot chain link fence with barbed wire around the top, or stockade fence, or fill-in the foundation, or capping the foundation. (DM) We had discussed the Town supplying the fill and Mr. Aubertin hauling it to the site.
(FH) I think you are opening a can of worms doing it that way.

(DM) The Town is not responsible for taking care of safety issues on private property. (FH) I think it should be capped. Yes, it would cost a few more dollars, but it would be safer. (DM) Either a fence or cap it. (EV) Capping it would be cheaper. (FH) His attorney said it would rot out, but he could also cover with

tarpaper. (EN) By capping it, he would need a Building Permit and he said he was not going to cap it. I would just like it to be safe. (FH) Yes, he said he was not going to do that. I do not like the idea of a six-foot fence. It does not look good. (EV) We can only consider the safety issue. We need to clearly spell out what would make the Board happy and that would be one of the four options as mentioned.

(EV) Motion to authorize sending letter to Mr. Aubertin regarding 14 Depot Street explaining the four options Board believes would make this a safe site (chain link fence with barbed wire top, stockade fence, filling in the foundation, or capping it) and allow him to respond by September 7, 2010. (DM) Second. Carried 3-1(FH).

Discussion: (PS) The deadline date in the original letter has past. He noted, perhaps, it would be a good idea to contact Town Attorney should it be necessary for any Court action. (EV) This Board would like to come to some peaceful resolution of the problem.

2. Consideration of Ethics Complaint

(FH) Motion to rescind Board’s decision to proceed with ethics complaint concerning Dan Green. (EN) Second. After Discussion: Carried 3-0.
(EV) Abstain.

Discussion: (EN) After listening to the discussion last Tuesday and thinking about it over the course of the week, I decided I made a decision too rapidly and apologize to Mr. Green for that.

(EV) What about Mr. Greene’s initial complaint? (DM) I had asked for some pictures. Dan Greene: Unfortunately, I lost my Blackberry and do not have any pictures. (EV) After reading the Minutes from last week and thinking about it, I would recommend that a Letter of Understanding be sent to George Bachelder for his file that Town’s policy was violated by the cutting of shrubbery over the wall, and a letter of apology be sent to Dan Greene, Carole Dodge and her mother. This same letter should also be in Sparky’s file to offer a paper trail for the future. From the Town’s point of view, I feel confident that this would be a good solution in looking at the causes as well as the results. They have been put on notice.
(FH) I think this is a good suggestion, but I have been told that when Carol’s father was living that he allowed this. Carol Dodge: May I interject? (DM) No, not at this point. (DM) I agree with the Letter of Understanding, and we should have something on file that permission should be obtained from BOS if this is to be done.

(EV) Motion that a Letter of Understanding be put in George Bachelder’s and Philip Gordon’s file recommending that mowing beyond the Town limit should be restricted and letter of apology be sent to Carole Dodge, Pauline Dodge and Dan Greene. (EN) Second. Carried 3-1 (FH).

Public Input: Dan Greene: It is not only against Town policy but it is against State law. Carole Dodge: The statement has been made that four years ago, my Dad gave permission for this – correct? (FH) Yes, that is what I heard. Carole Dodge: My father would not have allowed this to happen. Four years ago, my father was deceased. He died in 2003 and was very sick prior to that time and before that time, he mowed it himself. There has been no agreement with the Town.

(DM) On behalf of the Town, I apologize. (EV) I also apologize on behalf the Town.

3. Domicile of Elected Officials

(DM) I think there is still confusion regarding domicile and the person is not here tonight. (FH) “I called him, he is at work.” (DM) read into Minutes the Statute regarding Qualifications of Officer. The question is what domicile means and how it pertains to “within Town.” A definition of domicile was also read into the Minutes. I am concerned with the integrity of the Board and the challenges thereof. I have had a lot of questions posed to me in this regard.

(EN) When Don took office, he was always around Town. I understand that he has to work and is now working in Concord and stays in Penacook a lot of the week. I think this is taking away from the Town – his not residing within the Town. If domicile is the key part, which can be a gray area, it is the effect that this has.

(FH) Basically, I feel the same as Eric. He is not doing business in Town any longer. He told us this arrangement was temporary. How long is he going to be “out of town?”

(DM) I talked to Don at the end of last week’s meeting. I asked when he would return to Town again? He noted that financially, it is not likely as he could not pay rent, gas, and the mileage. It would not be feasible for him. It has now been three months. He is not living on Loudon Road; he is living in Penacook with two

brothers. (EN) If he said he could not afford rent on Loudon Road, then that is not his domicile. (DM) I am not sure what address is on his license or registration. You must remember that he is a member of this Board but I am concerned about the integrity part of it.

(EV) Like you all, I have big concerns about this. Don noted that other members of the Planning Board and Zoning Board go to Florida every year and this is the same thing. Those individuals on those boards have alternates or fill-ins and most have homes here. It is a vacation for these people. The alternates can fill in on the Planning Board or Zoning Board and make valid decisions. The Town voted in a five member Board and should have a five member Board. Wintering in Florida is not the same. The Board of Selectmen does not have alternates.

(DM) When I spoke with Don, he told me he had a resignation written up two weeks ago. You do not write a resignation if you are going to return.

(EN) As long as you think you can keep up-to-date on what you are doing, that is one thing but I think he is taking away from the Town by not being here.

(FH) I would like to have the Town Administrator send him a letter.

(DM) Motion the Town Administrator draws up a letter to Don Chase with the consensus of the Board’s concerns. (EV) Second. Carried 4-0.

Board agreed letter should be signed by Denise Morin, Chair.

4. Library Wall

(EV) I have talked to several people about finding a “wall mason.” I discussed with John Vien and he is going to put a proposal together (hopefully for the materials only and the labor free). The stones are granite and it should not take too long to accomplish as I have two or three other people to help. (DM) offered her assistance (plus one) as well. (EV) It was suggested that the wall be made wider. He had some questions and concerns about the drainage issue, and (EN) offered some insight as to the method in which this could be accomplished and the reasons why.

(EV) This is just an update to the Board on what is happening. Hopefully, by next meeting I can give you more information.

5. Town Hall Floors

(PS) This is an issue that has been brought up before and deals with the carpet in the office area. It is in poor condition and soon could be a safety issue. The question before the Board is how to replace it? It is not known if and what floor type there is underneath. Possibly, the floor underneath can be “rehabilitated.”

(FH) I would like to tear up a piece of it to see what is under the carpet. We could call Paul Richardson; he might be able to tell us, he put it in. (PS) You might like to pull up a piece in an inconspicuous area to determine what is below. (EN) I would recommend removing the carpet and then having a flooring and carpet expert come in to determine best way to proceed. (DM) Is this something the “prison workers” could do – rip up the carpet and move the furniture? (FH) to check what is under the carpet and (PS) to check with the prison regarding availability, etc.

6. Capital Improvement Program

(EV) I went to a CIP meeting, which I was very disgusted with because of the language used at the meeting – which I will let the Chair of that committee deal with. The CIP has come up with a form which they have given to Cara to pass out to all Department Heads. The question is “Do we as the Board of Selectmen have anything that would be for the CIP’s?” The CIP’s are long term plans. The Highway Department has it all separated and it was suggested that other departments should be the same. However, if all things are separate, it would require Town Meeting approval to allow use for “other things.” Do we have anything we would like to suggest like Pennichuck, or moving the Highway Department to Salt Shed area? In 2008, George noted moving the Highway facility which as you know, has not been done.

(FH) We do not know how things are going with Pennichuck. This would be a three to four year project and we would have to find the funds first. (EV) If it is not on paper, then no one sees it.

(DM) I would think Pennichuck and also renovating the upstairs at the Town Hall. Board agreed.

(EV) It was also mentioned at the last BOS meeting that the Board of Selectmen and School Board representatives missed the last two meetings. He explained to Board that they advised him that first meeting was cancelled and would be rescheduled but he was advised too late (day of meeting) and had already committed himself for another meeting and that the second meeting he was not available because of medical issues.

7. Main Street – Volpe

(PS) I have not yet written a letter to Mr. Volpe. Prior to my composing a letter to Mr. Volpe, I have requested the Zoning Board Minutes pertaining to his request for a Variance for the Elm Street storefront and the “burned” property which I have just gotten. I did not want to send a letter that was not in agreement with the Board.

(EV) The Zoning Board gave him a Variance as to what he can do if he decides to move forward. (DM) A letter should be sent to Mr. Volpe regarding our concerns pertaining to safety issues. Talk to the Building Inspector to keep some consistency in this matter.

8. Ethics Committee

(DM) I have a copy of their by-laws and they are supposed to do a training session each year for any newly elected or appointed committee or board members , which they have not done yet this year.

(DM) Motion to forward a letter to the Ethics Committee regarding training class for any newly elected officers as well as training materials. (FH) Second.
Carried 4-0.

7. Main Street – Volpe (Continued)

(FH) Does Mr. Volpe have a valid Building Permit? (EV) I believe he does. (FH) Who gave that to him? (EV) I do not know but the Zoning Board approved his having 18 Elm Street as an apartment with two deeded parking spaces.
(DM) That has nothing to do with the Board of Selectmen.

9. Union Block and Green Block

(FH) Something should be done about those buildings. (EV) Someone, I believe, is living in the second floor of the Green building. (FH) It is my understanding

the winds have lifted portions of the roof and now it is just tarped over. (PS) I will have the Building Inspector pursue the issue on the roof on the Union Block.

10. 5 Main Street (Former Tannery)

(FH) I have asked that a floor plan be provided by the Fire Chief in the past. The businesses have changed around so much that Chief Johnson noted that he does not have an updated version. I have asked that he acquire a plan noting all the businesses in there.

Also, we do not have in the Town Hall a listing of all the businesses in Town and their addresses. (EV) Matt Monahan was supposed to send you a list but it is impossible to keep up with it because they are constantly changing. I will have the Chamber print off the business list that they have and provide it to the Town. Suggestion was made that all new businesses should come before BOS to “introduce themselves and make it known that they now have a business in Pittsfield. It was noted that this could not be enforced.

(FH) I have asked the Fire Chief and he was supposed to get back to me to provide a plan depicting the businesses that are housed in that building. He is supposed to inspect all those businesses for a floor plan. (DM) How does the Fire Chief know that they are there? (EN) Anything that is considered as non-structural does not require a Building Permit. (DM) We will ask the Fire Chief the last time he did an inspection of that building.
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11. Propane Tanks – Prophecy Tattoo

(FH) I noted that these tanks were not positioned and lines not run correctly. The feed lines are supposed to be underground and are not. (EN) I believe the tanks have been moved. (FH) advised he would check on whether they had been moved and if the positioning of the lines had been addressed by Fire Chief. This was supposed to be accomplished weeks ago.

(EN) Could we ask the Fire Chief to come to a meeting to discuss this? (EV) We need an ordinance to cover these problems. (DM) Let’s ask the Fire Chief the last time he did an inspection.

12. MS-4 and MS-1

(PS) The MS-4 has been signed and submitted. On the MS-1, we are still awaiting utility values and I have asked Cara to follow-up with the appraiser on this.

13. Town Hall Windows

(PS) Eric and I did a tour and evaluation of the windows and he has offered me some ideas as to the scope of work required to replace the window frames. This will be in a bid document shortly and I have requested that Eric review the draft to make sure everything is included.

14. Tilton Hill Road and Catamount

It was noted that individuals are using 107 as driveway entrance and State will be notified about this. They are parking on the front lawn.

15. P & M Closing

(PS) It is noted that P & M will be closing on Thursday.

16. Planning Board

(EN) The Planning Board at its last meeting made a decision which cost a citizen a substantial amount of money. He was irate about this, but the Board apologized and everything is alright now. (FH) In the past the Planning Board required them. (EN) It should be done when they get the Building Permit.

17. Dan Greene Property

(DM) I would like to read into the Minutes, a letter from Fish & Game concerning the matter of Dan Greene. (See Attached Letter.)

INFORMATION ITEMS

None.

OLD BUSINESS

1. Capital Improvement Program

Committee has met and is working on this.

2. Selectmen/Town Administrator Goals & Objectives

(DM) We should do something about this, it has been around for awhile. It was agreed that it would be on the next Agenda.

3. Building Permit Fees

(PS) Dan Kramer, Building Inspector, will be working on that. It was suggested he also address the issuing of whether a Building Permit renewal if necessary if the project takes more than a year. If it is continuous, then no charge or is there a charge if revolves into the following year?

(EN) What does the Board think about requiring Building Permits for non-structural projects? Board agreed that this would be difficult to follow-up on and if the project becomes a structural project. (DM) I think we will see a lot more going on now that Mr. Kramer is the Building Inspector.

APPLICATIONS AND WARRANTS

None.

CHECKS AND MANIFESTS

(DM) Motion to approve the Accounts Payable and Checks Manifest.
(EN) Second. After Discussion: Carried 4-0.

Discussion: (FH) The Police Department windows, is that a separate fund?
(PS) No. I have discussed this with Department Heads as to what Board would allow to be charged to Capital Building Fund. The Police Department budget will be charged for that unless it runs over, then this could change.

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

(FH) The Fire Chief took another day off since he worked three hours on Sunday. If he does not show up on a work day, he should take this as an annual or sick day. His contract says that he is on salary and works Monday through Friday. Other Department Heads when they work over forty hours do not take a day off like the Highway Department and Police Department. My concern is that he should have a five day week. George does not get paid for overtime or compensatory time. (EN) He took a day off during the week? But he’s on salary. (FH) Yes, but when he was hired, it was noted that he would work Monday through Friday. If he was a no-show on a work day, then he should take sick time or annual time. He took the job for forty hours. (DM) We will monitor this.

MINUTES

1. Public Session Minutes of August 17, 2010

(DM) Motion to approve Public Session Minutes with corrections as noted.
(EN) Second. Carried 3-0. (EV) Abstain.

Corrections:

Page 7, Paragraph 6, Line 3, add: (DM) I would like to see Lot Line Adjustment and Subdivision as two separate applications.

Page 9, Paragraph 3, Line 1 should read: …the old Five and Dime Building.

1a. Non-Public Session Minutes (I) of August 17, 2010

(DM) Motion to approve Non-Public Session Minutes (I) of August 17, 2010. (EN) Second. Carried 3-0. (EV) Abstain.

As noted in Minutes:

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

2. (II) Non-Public Session Minutes of August 17, 2010

(DM) Motion to approve (II) Non-Public Session Minutes of August 17, 2010. (EN) Second. Carried 3-0. (EV) Abstain.

PUBLIC INPUT

No audience at meeting.

Close Public Input

NON-PUBLIC SESSION

None.

OTHER

(EV) I did attempt to discuss with Fire Chief the metal fire escapes at Town Hall and how they are “hooked” to the building. Unfortunately, he was paged out on a call so we did not complete meeting. I will be discussing that with him soon.

(FH) I have asked the Fire Chief to give us a roll call of all calls between
10:00 P.M. and 6:00 A.M., which should not take him too long to do. I think we should be cutting their hours back as we have enough EMT’s in Town to respond. I would like the run sheets of all ambulance calls between 10:00 P.M. and
6:00 A.M. for this year. (PS) to check.

(DM) Ambulance – Dunkin Donuts, Loudon Road: Of concern is the answer from the Fire Chief that he does allow them to do this. They should be returning via the quickest route back to Town. All Department Heads should be reminded of Town Policy regarding the use of Town vehicles. If using a Town vehicle, they should be prudent of that fact.

(FH) I am hoping that we will proceed on all Town Liens, past and present and Town owned properties. (EV) As a reminder, we have to be careful if we are not sure that we will get our money back. When we Waiver it, is that good for one year? (PS) Yes.

ADJOURNMENT

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

Meeting adjourned at 7:55 P.M.

Approved: August 31, 2010

_____________________________ ___________________
Denise Morin, Chairman Date

I hereby certify that these Minutes were recorded on August 24, 2010, and transcribed and publicly posted on August 26, 2010.

_________________________________________
Delores A. Fritz, Recording Secretary

II Tapes