August 3, 2010 Minutes

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

MEETING MINUTES OF TUESDAY, AUGUST 3, 2010
CALL TO ORDER

Call to order at 5:30 P.M., by Denise Morin, Chairman.

MEMBERS PRESENT

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

MEMBERS ABSENT

Fred Hast (FH)

PUBLIC INPUT

None.

AGENDA REVIEW

(EN) Volpe Update; (PS) Order Re: 14 Depot Street, Authorization to LGC to Release Information to Health Insurance Consultant, E-Mail from Melcher & Prescott, Melcher & Prescott Consulting Agreement, Pittsfield Intention to Continue with the SVRTA Consortium for Health Insurance, and Civil Forfeiture List for Dog Licenses.

APPOINTMENTS

5:30 P.M. – Brandon Guida, Esq. – 14 Depot Street

Atty. Guida gave a brief history of circumstances surrounding 14 Depot Street. He related a letter had been sent in 2005 by Building Inspector recommending installing a proper fence or filling the foundation. Between 2005 and 2010 there have been no safety issues because of the foundation/fence. Then on June 18, 2010 a letter was received from Kyle Parker to rectify the dangerous condition of a breach in the fence, which was corrected by Mr. Aubertin. Then this Order was sent out. I am asking this Board to specifically identify the safety problem. What is it?

(EN) The foundation is surrounded by a snow fence which is not adequate.
Atty. Guida: There is no snow fence, it is a metal fence. Is the hazardous condition with the fence around it? (EN) There is a big hole in the ground. What would happen if a kid would fall in it? (DM) The hole is an issue. (DC) That metal fence, when was it put up? Mr. Aubertin: It has been there for over a year. (EV) I can verify that it is there and has been there with the orange fence over it. They were both there three weeks ago.

Atty. Guida: It is a stockade fence with reinforcement and this Order comes out with the concerns being addressed and threatens… (Order was read by Atty. Guida.) The Order is incorrect. The Town cannot do this without a Court order. My client and I have walked around Town and located ten difference safety issues that exist and there has been no action on any of them. I have pictures, which I will not show you at this time. This has been precipitated by someone that does not like that the project has not been completed. If you are talking about some child or someone falling into a hole, what about the dam? I am not sure where this Board would like to go with this, but I am very comfortable in going to Court and discussing discrimination.

(DM) Would you allow Board to walk the property? Mr. Aubertin: “Yes, but I would like to be there when you go on the property.” Atty. Guida: The fence is not new. People have a misconception what is going on there. After the Building Inspector said the fence had been breached, my client fixed it and wrote back. I have no problem showing safety issues within the same area of this. I am asking Board to visit the property and also look around at other properties.

(DM) We have had multiple Building Inspectors since 2005. Atty. Guida: There are no questions concerning the other hazards around Town. Someone is upset that the foundation has not been built upon. My client has fixed the breach and reinforced it even more.

(PS) How does one contact Mr. Aubertin? Atty. Guida related that scheduling view of property could be conducted through his office (435-5005) or via E-Mail Guidalaw@AOL.com. (PS) I will provide this information to the Board members but you should be aware that they may not be able to come down as group.

5:35 P.M. Fire Chief Gary Johnson – Floating Pump Purchase (5:42 P.M.)

Chief Johnson: A Grant award has been received for the purchase of a floating pump which is a device that can be used for “land firefighting, such as in a park.” This is a 50/50 grant from the State in the amount of $2,500 total cost. State would pay $1,239. Town would have to initially purchase and pay and then get reimbursed from the State after verification. If approved, my plan would be to take $500 from Forestry and $1,900 from Department budget.

Board questioned whether Town had a floating pump now (yes), which is used mostly for training purposes and as long as no major problems occur with the present device, it would be okay. Board questioned occurrence of use which Chief related that due to lack of brush fires so far this year, it has not been used much.

Board questioned frequency of grant and Chief Johnson related that Town has applied for it previously and it has not been granted but if Town turns it down this year, it will not be offered to them again. Board discussed possibility of selling the present floating pump, but it was noted that because of liability issues, this was not feasible. He related that the current one could continue to be used for training purposes.

(DC) Motion to approve acceptance of 50/50 State Grant award for floating pump. (EN) Second. After Discussion: Carried 3-1 (DM).

Discussion: (PS) Fred Hast has requested I ask whether there is a decompression switch. Chief Johnson: I do not know. This usually adds about $200 to the cost.

5:40 P.M. Jeff Earls – Cross Country Appraisal (5:50 P.M.)

(PS) Mr. Earls is here today and all Board members have received the new values as estimated by Cross Country and effective April 1, 2010. He is here tonight to answer any questions and then to have it approved by Board.

Mr. Earls: We are still waiting for the utility values. People have been confused somewhat but I think we have answered all the questions and everything has been updated.

(DC) How can you justify the values placed on a house when you cannot sell the house for that value? Mr. Earls: I would question why the value would be that. (DC) posed a scenario of a situation where house could drop half its value.
Mr. Earls: No house has dropped its value by half. (DC) The fair market value, what is that based on? I have been elected by the people and have heard that homes a couple of years ago were worth one value and now you cannot give them away. How can you put such a value on them that they cannot be sold for that price? Mr. Earls: At that point, they should submit an application for an abatement. Every five years the values change. Pick-ups are done for new construction and other finished projects. We have looked at the market and determined what the values should be as related to sales in other towns.

Mr. Earls related that 25% of the homes are visited every year. (EV) I wish that you would have explained that a little bit more thoroughly in the letter that was sent to property owners. Mr. Earls noted that in hindsight, perhaps it should have been.

(DC) Here is the problem; I was stopped by an individual who was taxed $1,800 for a bob house sitting on a trailer as well as a doghouse for $400. Mr. Earls related that “we could have met with him and cleared that up.” I do not believe that we would tax someone for a bob house and a doghouse. I would like to verify that. It was agreed that Mr. Earls would be provided with this information for verification. It was requested that after Mr. Earls researches this issue that he submit something to the Board in writing for their review. Mr. Earls noted that he would do so.

(DM) Motion to approve Cross Country Appraisal values as submitted.
(EV) Second. Carried 3-1 (DC).

5:50 P.M. Ron Vien – SDS Compliance (6:02 P.M.)

Mr. Vien related that SDS has met its obligation and restored the site to his satisfaction and is approving release of the funds. (Funds being held by Town per Agreement with SDS for removal of all equipment by August 1, 2010. SDS has met their obligation to officially complete and end all responsibilities and arrangements for the Septage Receiving Project with the Town of Pittsfield.)

(EV) Motion to approve release of funds to SDS for compliance in the completion and ending of all responsibilities and arrangements for the Septage Receiving Project with the Town of Pittsfield. (EN) Second. Carried 4-0.

6:00 P.M. Dan Greene (80 Will Smith Road)

Mr. Greene: I have a problem with the road agent touching the stone wall at our property and in reference to grooming the bushes and trees. Two weeks ago, all the maple trees were flattened and brush was cleared.

(DC) Point of Order – are you the owner? Carole Dodge: “I am co-owner along with my mother.

Mr. Greene: They had to reach over the stone wall where maple saplings were growing (10-12 feet high) and were cut down along with the brush that was there. “We were letting the maple trees grow up because we have been working with Fish & Game with people poaching so you can’t see the field; plus we were going to start thinning the trees and moving the trees for future tapping.” We were going to eventually move the trees to the orchard. I do have pictures in my phone. When asked by Board member (DM) if they always cut down these trees, Mr. Green replied, “No, not to this degree.” (Pictures were viewed by Board members.)

Carole Dodge: About four to five years ago, we asked them to trim that year, but they have not done it since. Since that time, we have started doing sapping and they are also a snow barrier. There were blackberry bushes that are now gone and George was asked to leave them.

Mr. Greene: We are asking that the maple trees be replaced. There were quite a few there. (DM) Do you have any pictures of the trees before they were cut down? Mr. Greene noted that he could provide the Board were these.
(EN) Would it be okay to come and see the area? Mr. Greene noted that it would be. The forester would have to ascertain the thickness of the trees. (EV) What about the stone wall. Carole Dodge: I am not worried so much about the wall. What really bothered me was that a break was created in the wall for an entrance which is filled in with growth during the summer, but it was manicured and now kids have been getting into the field and setting off firecrackers.

(DM) We will speak with George and will get back to you. We would like to have the pictures that show what it was like before the trimming. (EV) Do you have an understanding of what the Town has a right to trim back? Ms. Dodge: Town can clear from the center of road to the side of road – about four feet. Mr. Greene: Hunting season will soon be upon us. Ms. Dodge: The other problem we have is that our lower driveway that been carved out where it meets the road and it is difficult to get out especially with trailer of horses.

6:15 P.M. Dan Greene and Carole Dodge left meeting.

PUBLIC INPUT

Philip (Sparky) Gordon: I came to meeting because I just wanted to hear what they had to say. Her father asked us to do it about four years ago. There were a few larger ones, under four inches, and brush. In two years they will all have grown back.

(PS) We will ask George and Sparky what they remember and have them create a record in writing as a permanent record. We will also find out who the owner(s) are.

(EV) I have been up there and it was trimmed very, very close, both sides of the stone wall.

NEW BUSINESS
ACTION ITEMS

1. Request for Sewer Bill Reduction. (Tabled on 7/20/10)

(PS) This is a request for sewer bill to be modified due to leak in home. Cara has calculated this based on the water usage and it would entail a reduction of about $150. We have not yet sent out the sewer bills for this quarter. Ron has agreed that this was probably a water leak.

(EV) Motion to approve adjustment of water bill to show reduction based on water leak Tax Map R33, Lot 12. (EN) Second. Carried 4-0.

2. Adoption of the 2010 Revaluation Results

See above.

3. Welfare Lien Tax Map R33, Lot 13

(EV) Motion to approve Welfare Lien Tax Map R33, Lot 13. (DC) Second. Carried 4-0.

4. Order Re: 14 Depot Street

See above. (PS) At this point, Mr. Aubertin has until August 24, 2010 to comply with Order. If Board members would like to visit site, next meeting will be
August 17th. (EN) We should get a hold of Town Attorney to make sure this Order has been done properly. (DC) I do not want it to stop. I want to move forward with this. I do not care what Mr. Guida had to say, I want the Order to move forward. (DM) You did not sign the Order, you abstained. Why did you abstain? (DC) I would like to move forward with this. (PS) Absent any further discussion by Board, the order is effectuated.

5. Authorization to LGC to Release Information to Health Insurance Consultant and;
6. E-Mail from Melcher & Prescott and;
7. Melcher & Prescott Consulting Agreement and;
8. Pittsfield Intention to Continue with the SVRTA Consortium for Health
Insurance.

(EV) Motion to approve authorizing Chairman to sign Authorization to LGC to Release Information to Health Insurance Consultant, Melcher & Prescott Consulting Agreement, and letter regarding Pittsfield Intention to Continue with the SVRTA Consortium for Health Insurance. (EN) Second. Carried 4-0.

9. Civil Forfeiture List for Dog Licenses

(PS) This list has been prepared by Nancy and Board needs to approve list and turn over to Animal Control Officer.

(DC) Motion to approve list of unregistered dogs for 2010 which will be turned over to Animal Control to send out Civil Forfeiture fines as required by RSA 466.
(EV) Second. After Discussion: Carried 4-0.

Discussion: Board agreed that this should be noticed first so people are aware of it. (PS) I will ask Police Chief about notification. This is controlled by Statute.

INFORMATION ITEMS

1. Volpe Foundation Update

(PS) I have discussed this with Mr. Volpe, but he is not inclined at all to make any other modifications to the surrounding area around the foundation. I talked to him about acquiring a snow fence from George. He was reluctant to do anything – what is there is protected. I did request that Mr. Volpe think about it. (EN) Can we get George to take care of the sidewalk? (PS) I will ask George what he can do as well as what should be done. (DM) We should send a letter to Mr. Volpe officially requesting that Mr. Volpe do something about this. (DC) George can block off the sidewalk. Mr. Volpe should not be held to a lower standard than
Mr. Aubertin. It does not matter and it has to be dealt with. (DM) Does Kyle know it is a safety hazard? (PS) I think it has been discussed but no formal communication has been rendered. (EV) We should put in writing what our concerns are. (PS) I will do letter on behalf of Board of Selectman.

OLD BUSINESS

1. Capital Improvement Program

(EV) The committee has been formed and hopefully this will be done by October.

2. Selectman/Town Administrator Goals and Objectives Pending
3. Board of Selectmen Representative to the Planning Board Pending
4. Building Inspector Vacancy Non-Public

APPLICATIONS AND WARRANTS

None.

CHECKS AND MANIFESTS

(DM) Motion to approve Accounts Payable and Checks Manifest. (EV) Second. Carried 4-0.

(DM) Motion to approve Payroll and Direct Deposit. (EV) Second. Carried 4-0.

MINUTES

1. Public Session Minutes of July 20, 2010

(EV) Motion to approve Public Session Minutes of July 20, 2010. (EN) Second.
After Discussion: Carried 3-0. (DC) Abstains

Discussion:

Page 4, Paragraph 6, Line 2 should read….and everyone needs to take on responsibility.
Last Sentence: I am not…….do, but as Board of Selectman it is necessary to have a representative on the Planning Board.

Page 5, Paragraph 2, Line 5 should read…district was to protect our rights if Nashua had taken whole control of Pennichuck.

Page 10, Paragraph 5, Line 2 should read (EV) I do not see the sheriffs any more. Chief Wharem: Not as often as we want.

1a. Public Session Minutes of July 27, 2010.

(EV) Motion to approve Public Session Minutes of July 27, 2010. (EN) Second. After Discussion: Carried 4-0.

Discussion:

Page 2, Paragraph 3, Line 2 should read (EV) More leverage is better if Town opted to leave LGC. If so, …..

2. Non-Public Session Minutes of July 20, 2010

(EV) Motion to approve Non-Public Session Minutes of July 20, 2010.
(EN) Second. Carried 3-0. (DC) Abstain.

2a. Non-Public Session Minutes of July 27, 2010

(EV) Motion to approve Non-Public Session Minutes of July 27, 2010.
(EN) Second. Carried 4-0.

PUBLIC INPUT

Paul Richardson: Is 5:30 P.M. going to be your regular time for commencing meeting? (DM) We have scheduled it for 5:30 P.M. because of National Night Out and Board would like to attend.

He related that floors must have been done in conference room and that they look nice.

He questioned what is going to be done regarding the retaining wall and handicapped ramp at Library. If something is not done, and we have rains like we did last year, there is going to be water in the basement and that now has been fixed up and is being used quite a bit. My question is “Does the Board of Selectman have a plan for that?” We need drains over there and I am not sure that the gutters have been cleaned out.

(EN) It is a Godsend that we did not tear down the wall completely though the drains were not put in properly. The water was going inside the wall and it was not pitched properly. (EV) This Board has been discussing what we are going to do about the wall and it does need to be taken care of.

(DC) questioned who was the Clerk of Works on the initial project?
Mr. Richardson related that he was. (DC) And you signed off on the project?
Mr. Richardson: Hank was overseeing the project. (DC) One of the first things I was asked after being elected as a Selectman was to request that something be done with the wall. You are claiming that someone cannot get into the storage shed? We have had torrential downpours since then and it has not moved.
Paul Richardson: My concern is that it does not leak into the building. (EN) We do not know if the drains have moved. (EV) We should be able to get something done in a month or so.

Close Public Input

NON-PUBLIC SESSION

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

Board went into Non-Public Session at 6:50 P.M. Break 6:50 P.M.
Resume Non-Public Session at 6:55 P.M.

Board returned to Public Session Minutes at 7:05 P.M.

(EV) Motion to seal Non-Public Session Minutes of August 3, 2010.
(EN) Second. Carried 4-0.

OTHER

Don Chase Residency

(EN) Regarding Don Chase’s residency, my concern is whether he can prove that he resides in Town more than 50% of the time. I just would like to make sure.

(DC) No problem, but, as long as I can prove to you….where in the State RSA’s does it say I have to prove to you? It does not say how much time I have to “live here.” There is a member of the Planning Board who resides in Florida seven or eight months a year. I stated I live in Pittsfield. I am a legal resident and registered voter in Pittsfield. I am not going to offer any other information.

(DM) I have read the RSA and I thought it noted “domicile.” (DC) In order to be a Board of Selectman you must be a resident of the Town. (PS) agreed he would check the RSA and make it available to Board members. (DC) I know what it says; I looked it up. Let me say that if there is a remote chance that I am doing anything illegal, I will resign on the spot. I would not like to, but I will.

ADJOURNMENT

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

Approved: August 17, 2010

___________________________ ______________________
Denise Morin, Chairman Date

I hereby certify that these Minutes were recorded on August 3, 2010, transcribed and publicly posted on
August 5, 2010.

_________________________________________
Delores A. Fritz, Recording Secretary

II Tapes