December 15, 2009 Minutes

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

MEETING MINUTES OF TUESDAY, DECEMBER 15, 2009

CALL TO ORDER

Call to order at 5:30 P.M., by Linda Small, Chairman.

MEMBERS PRESENT

Linda Small (LS), Chairman, Ed Vien (EV), Vice-Chairman, Larry Konopka (LK), Denise Morin (DM), Fred Hast (FH), Paul Skowron (PS), Town Administrator, and Delores Fritz, Recording Secretary.

MEMBERS ABSENT

None.

PUBLIC INPUT

Lea Adams, newly appointed to the School Board, introduced herself to the Board.

She related that the roof of the gym at the Middle/High School needs to be replaced and that the School is applying for an energy efficiency block grant. (See attached.) They have not submitted the application for the grant as of yet and is present tonight to mainly introduced herself and discuss with the Board their potential support of the School’s efforts to acquire this grant. She noted that hopefully they can also have the gym floor replaced at the same time. A single quote has been acquired in the amount of $282,700. (PS) noted that Dr. Freeman is scheduled to discuss with this Board on January 19, 2010 and she is welcome to present her thoughts at that time also. (DM) noted that, perhaps, School could acquire several quotes as it would be beneficial in deciding the needed amount. Ms. Adams requested a BOS contact but Board indicated they would all be happy to be part of this effort.

AGENDA REVIEW

(LK) Emergency Management Position, Planning Board, Parks & Recreation Application, Town Property Damage – Clough Road; (PS) Sewer Abatement – 24 Chestnut Street, Jim Pritchard Letter, Unauthorized Parking Signs – Town Hall; (DM) Holiday Memo; (FH) Police Details.

NEW BUSINESS
ACTION ITEMS

1. Nashua v Pennichuck/Supreme Court Arguments Scheduled

(PS) This was put on the Agenda at the request of Mr. Hast. Board discussed request of Laura Spector and her query as to whether her attendance at Superior Court is necessary. (PS) noted she would have to be present to file an Appearance.

(FH) If we do not act on this quickly, we will be hurt and subject to Pennichuck increases. I think we should get moving on this. (LS) This is something that should be discussed in Non-Public Session. (FH) We are going to be left out on a limb. Superior Court advised Nashua they would be unable to “take over the whole thing.” The bulk of Pennichuck’s income is from Nashua. We need to stay on top of this and think about purchasing this. Eminent Domain is still in Court. (LS) Let’s set up something with Mr. Sancoucy in January. (PS) to do.

2. Action on Encumbrances

(PS) There are two more encumbrances before Board for approval. The contract being recommended by the EDC for Phase II of Spradling Group and the one submitted by Police Chief to work on the cruiser.

(EV) provided the Board with an update on Phase I of the Spradling Group and what is anticipated regarding Phase II. (LS) related that the EDC has gotten a lot out of Phase I and is now committed to progressing onto Phase II. (FH) What is his hourly rate? (LS) About $175 per hour, ordinarily. (FH) How many Phases are there? (LS) Three. (EV) explained that it is the Town’s option to continue or discontinue any of these phases at any time. Board agreed they would encumber the funds for Phase II and Phase III at this time

(LK) Motion to approve Phase II and Phase II of the Spradling Group, and encumber the funds ($3,000) to accomplish this. (DM) Second. After Discussion: 4-1. (FH) Abstain.

Discussion: (FH) Where do we go after Phase III? (LK) I know Scott has put in numerous hours, more than he has charged us for. I have attended the EDC meeting and I was impressed. I think it is well worth it.

(LK) Also, amend my Motion on Phase II and Phase III to note that Chair is authorized to sign. (DM) Second. Board agreed.

Chief Wharem explained the necessary repairs regarding the Police vehicle which now has about 65,000 miles on it and with the repairs ($850.) it is hoped that the vehicle will be able to be utilized for three or four more years.

(LK) Motion to encumber $850. for body work for Police cruiser. (EV) Second.
Carried 5-0.

3. Set Public Hearing for Flood Insurance Rate Maps for January 19, 2010

(PS) This was a matter discussed with Matt Monahan regarding the steps necessary to proceed with this public hearing.

(LK) Motion to approve Public Hearing on the Flood Insurance Rate Maps for January 19, 2010. (EV) Second. Carried 5-0.

APPOINTMENTS

6:00 P.M. – Chief Wharem – Pandemic Update

Chief Wharem related that the Capital Health Network will be coming to the school to administer the H1N1 vaccine and then providing it to the public by area. All this information will be in the paper. (FH) How many cases have they had nationwide? Chief Wharem was unsure but noted he would check.

(FH) On a different note, I have a question, you resigned once as Emergency Management Director and then came back and then resigned again. Would you consider taking the position again? Chief Wharem related if the Town “really wanted me to.” (LK) No matter who takes over there is going to be a lot of training issues.

Chief Wharem also related that another one of his officers is being deployed for ninety days. (PS) related that he would address in Non-Public.

6:10 P.M. Ron Vien Re: Septic Disposal Solutions

Ron Vien related that he had had received an E-Mail from Bill Gosse regarding a timetable for removal of equipment owned by Septic Disposal Solutions.
(PS) Are you reasonably satisfied with the schedule? Ron Vien noted that he would like to see penalties within the document if something is not accomplished. (PS) If you do agree with the terms, I imagine Bill Gosse will devise an agreement. Do you want the penalties included in the contract? Ron Vien related it could be a 30, 60 day schedule and then everything done by August 1st. He noted that this is going to cost Septic Disposal Solutions thousands to accomplish. (PS) Do you want SDS to put up some kind of surety in both parties names? This was agreeable with Ron and he will come up with the figures concerning this.

NEW BUSINESS CONTINUED

4. Welfare Lien Tax Map R33, Lot 9

(EV) Motion to accept Welfare Lien for Tax Map R33, Lot 9. (DM) Second. Carried 5-0.

5. Welfare Lien Tax Map U3, Lot 44-C1

(EV) Motion to accept Welfare Lien for Tax Map U3, Lot 44-C1. (DM) Second. Carried 5-0.

6. Phase II Contract – Spradling Group

See above.

7. Request for Building Permit Waiver – Pittsfield Masonic Association

(PS) related he received this last week. They are requesting that Board waive Building Permit fees for them to accomplish life safety upgrades.

(EV) Motion to approve waiving Building Permit fees for Pittsfield Masonic Association. (DM) Second. Carried 5-0.

(FH) Why is it dated in October? You said it came in last week. (PS) I received it last week.
8. NH Municipal Energy Assistance Program

(PS) This is what we discussed with Lea Adams. (DM) This is in reference to an energy analysis. They will come in and do a pre-energy audit. This can be very beneficial if we want to apply for a grant then the audit is already in place.

9. Transfer to Capital Reserve Accounts

(FH) Motion to approve transfer Capital Reserve funds $152,845 to Town NHPDIP General Fund. (See attached). (DM) Second. Carried 5-0.

10. Transfer to Conservation Commission

(LK) Motion to transfer to the Conservation Commission $20.77 from the General Fund. (EV) Second. Carried 5-0.

12. Other

(LK) Motion to transfer $1,791.54 from Ambulance R&F Fund to General Fund. (DM) Second. Carried 5-0.

(LK) Motion to transfer $1,626.62 from the Municipal Buildings Repair & Maintenance Exp.Trust to the General Fund. (EV) Second. Carried 5-0.

(EV) Motion to transfer $44,454.10 from Ambulance R&E Fund to General Fund. (LK) Second. Carried 5-0.

11. Certificate of 2009 Equalization Data Sheets

(PS) noted that annually all sales in Towns are checked and categorized to make a judgment call as to which ones are not involved in market price valuations such as foreclosures which are eliminated. As calculated, the ratio is far beyond an acceptable range and falls into step with the valuation which will be finalized in 2010. Board needs to approve it and sign it.

(DM) Motion to accept and approve Certificate of 2009 Equalization Data Sheet and authorize Board to sign. (EV) Second. Carried 5-0.

13. Planning Board

(LK) There are a couple of Warrant Articles that have been submitted by citizen petition. The Planning Board was not aware of them at their last meeting and their next meeting is not until January 7, 2010. I feel there has been a breakdown of administration in relation to this. Planning Board needs to hold a Public Hearing on these.

14. Sewer Abatement

(FH) Motion to approve sewer abatement for $900.12 for 24 Chestnut Street.
(DM) Second. Carried 5-0.

15. Holiday Memo

(DM) related that we should send something out to employees thanking them for all the hard work and dedication for 2009. Board thought this was an excellent idea. (PS) to do.

16. Emergency Management Position

(LK) related that a couple of individuals have shown some interest in this position. The Police Chief has a demanding job and if he or anyone else holds the position, we would need to get more individuals involved. After discussing with Nancy St. Laurent, Senior Field Representative, Emergency Management, she related that someone with fire oriented background with be beneficial. There is a lot more to it than years ago. (EV) My concern is if it a volunteer position, that it will turn into a “revolving door position.” If you get the right person in the position, that is great, but are we going to be able to keep that person. (LK) I would like to see someone in there with fire background. All of us have to be part of it to make it happen.

Pat Heffernan questioned whether Chief Wharem would be resuming the position? (LS) We have not discussed this as a Board.

Mr. Heffernan related that there would be conditions. Ed has some valid points. I told Larry that I would do it on a six month trial basis. However, my family, my business, and Fire Department would come first, then this. “I do not plan on signing on for ten years.” I will give it six months. (LS) Have you put anything in writing? Mr. Heffernan preferred not to put it in writing. He also noted that he would not be interested in anything to do with the pandemic areas. I would oversee things within the scope of the job. (LK) Lenny Deanne is the Deputy Director and Board agreed they would have him submit a letter of interest and request that he come to a BOS meeting on January 5, 2010 at 6:00 P.M. to discuss. This will be tabled until next BOS meeting.

17. Jim Pritchard Letter

(PS) Mr. Pritchard has submitted a letter requesting Board take action and consider vacating the Letter of Reprimand as a Planning Board member. Since Board did not receive copies of this letter, it will be tabled until the next BOS meeting.

Break 6:56 P.M. Resume 7:01 P.M.

18. Police Details

(FH) related that he had checked on the revenue from police details and it is almost $16,000. Comments had been made that it was only about $2,000. (LS) noted that her point was that we need police officers on the street more than we need details. (FH) It helps the officers and the Town gets a little extra money. This money could be put in a reserve account and when it comes time to buy a new cruiser, some monies would be available to offset the costs. This year there is enough in there for half of the cost of a cruiser. It is a better revenue than I anticipated.

Yes, we need the part-time officers on streets if they are available, but it is an availability issue. They have full time positions elsewhere and sometimes can only work details. I think details work and help the Town. The streets are pretty well covered and overtime is almost a given. (LS) My concern is operations be covered before details. Our priority should be patrols. (FH) I think they do a pretty good job. If you get a few extra minutes sometimes, you should go up and sit and listen to incoming calls. (LS) In my mind, more coverage on streets should result in the less calls you would have. No officers would be at risk, which is my concern.

19. Parks & Recreation Application

(LK) Have we heard any more about this application for Parks & Recreation? (PS) noted that the individual was requested to come in to fill out background sheet for criminal search but he has not.

20. Town Property Damage – Clough Road

(LK) requested information on whether matter had been cleared up regarding property damage on Clough Road. (FH) I believe it has been taken care. (PS) to check and advise.

21. Unauthorized Parking Signs – Town Hall

(PS) The signs have been posted in the Town Hall Parking Lot regarding no “No Unauthorized Parking Without a Permit.”

BUDGET REVIEW

Budget Review: Capital Expenditures, Emergency Management and Isolated Budget Accounts.

Highways and Streets (4312):

Page 17, Line 224 – increase.

(DM) Motion to approve Line 224 for $111,514. (EV) Second. Carried 5-0.

(LK) Motion to approve total as $566,091. (DM) Second. Carried 5-0.

Emergency Management & Forest Fire Suppression:

(LK) Before we can get any grants, we are going to have update the Emergency Management Plan. (DM) This would also entitle you to Federal monies should there be a disaster. (PS) They are very strict about compliance on this.

(DM) Motion to approve Line 206 for $2,500. (LS) Second. Carried 5-0.
(FH) related that he had voted for this increase but under protest.

(LK) I believe the last time this was updated, a professional was used.

(PS) Not voted on is the $17,000 George had recommended for a large dump truck. (DM) We need to check on that.

INFORMATION ITEMS

1. Lifeguard Reimbursement Policy-Parks and Recreation
2. Letter dated 12/8/09 from David Hynes, DRA Appraisal Division
3. Annual Report for Pittsfield Issued by the Concord VNA
4. 2010 Highway Block Grant Notification
5. Pittsfield Fire/Rescue Monthly Report – November 2009
6. E-Mail/Time Schedule for Pennichuck Case – January 21, 2010
7. Supreme Court Reply Brief – Pennichuck
8. News Release dated 12/9/09 – Councilor John Shea

OLD BUSINESS

1. Town Hall Improvements, Life Safety Codes Pending
2. Sidewalk Improvement Plan Pending
3. Capital Improvement Program Pending
4. Health Officer Pending
5. LGC Job Descriptions Pending
6. Selectmen/Town Administrator-Goals & Objectives Pending
7. Firefighter/EMS Cross Training Pending
8. Parks and Recreation Commission Appointment Pending

APPLICATIONS AND WARRANTS

None.

CHECKS AND MANIFESTS

(DM) Motion to approve Accounts Payable and Check Manifest. (EV) Second. Carried 5-0.

(DM) Motion to approve Payroll and Direct Deposit. (EV) Second. Carried 5-0.

(LS) I have already discussed with (PS) the amount of sick time.

MINUTES

1. Public Session Minutes of December 1, 2009

(EV) Motion to approve Public Session Minutes of December 1, 2009. (DM) Second. Corrections noted. Carried 5-0.

2. Non-Public session Minutes of December 1, 2009

None.

PUBLIC INPUT

None.

NON-PUBLIC SESSION

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

Board went into Non-Public Session at 7:38 P.M. after a short break from
7:35 P.M.

Board returned to Public Session at 8:20 P.M.

(DM) Motion to seal Non-Public Session Minutes of December 15, 2009.
(EV) Second. Carried 5-0.

ADJOURNMENT

(EV) Motion to Adjourn. (DM) Second. Carried 5-0.

Meeting adjourned at 8:22 P.M.

Approved: January 5, 2010

___________________________________ _________________________
Linda Small, Chairman Date

I hereby certify that these Minutes were recorded by me on December 15, 2009 and publicly posted on December 17, 2009.

__________________________________________
Delores A. Fritz, Recording Secretary

II Tapes