FEBRUARY 10, 2009 Minutes

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

MEETING MINUTES OF TUESDAY, FEBRUARY 10, 2009

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,
Ed Vien (EV), Denise Morin (DM), Fred Hast (FH), Paul Skowron (PS), Town Administrator, and Delores Fritz, Recording Secretary.

MEMBERS ABSENT

None.

PUBLIC INPUT

Jim Pritchard: I have a question regarding the draft Warrant Articles and the concerns raised by the Planning Board. (FH) I have checked with Town Counsel and they are okay as drafted.

Close Public Input

AGENDA REVIEW

(LS) Budget; (EV) Update on the Route 28 Corridor Safety Study Committee; (PS) Letter from Jim Pritchard regarding Dan Schroth, Letter from Chairman of Planning Board which is coincidental with Mr. Pritchard’s letter, Board’s Meeting Dates in March, $45,000 Loan Payment Schedule, Safe Routes to School; (LK) Employee of the Month Nomination, and Update on Generator Repair.

APPOINTMENTS

6:05 P.M. – David Hynes/DRA and Jeff Earls/Cross Country Appraisals

Stephen Hamilton, Director, DRA was present to provide an update regarding the recent concerns with data conversion and updating the computer program. He related they took a closer look at this data conversion and decided that the concerns were in relation to new construction on existing homes and new homes constructed. Mr. Earls has come up with a plan to cover this at no cost to the Town. Any additional time needed will be the responsibility of Cross Country Appraisals by identifying a similar property and then will be applied to those properties as approved by DRA. It is Mr. Earls’ estimation that the scope of this involves less than twelve properties. (Mr. Earls nor David Hynes were present tonight.)

(PS) The modifications that Jeff Earls is doing, will it apply to the pick-ups in the Spring? Will he be going back and making modifications for last year also? Mr. Hamilton indicated that Mr. Earls is aware of this and I have asked him to identify those properties also. This will also be accomplished.

6:10 P.M. – Police Chief Robert Wharem Re: P/T Administrative Assistant

Chief Wharem related that he had provided (PS) with a Job Description last Friday. (LS) Please give us the highlights. Is there any difference? Chief Wharem noted that there is a big difference in relation to the impact dealing with landlords. She is contacting approximately five landlords per week and the majority are receptive. Landlords are using these letters in a positive manner. This is her main focus as well as program organization, department meeting notes, press releases, and transcription which can involve reports of 45-50 pages, subpoenas, court schedules and officer notifications which all frees up officers on the street. She also heads up the public relations aspects. (PS) related that he does have the Job Description and will provide this to the Board members. (LK) How many hours per week is she involved with the landlords and related work? Chief Wharem, “About 3-4 hours per week.” (LS) “How many hours involving social programs?” Chief Wharem, “About one hour and about 8-10 hours transcribing.”

6:15 P.M. – John Lenaerts Re: Planning Board Ballot Questions

Mr. Lenaerts thanked the Board for having him in and related that the reason he had requested this was to address the Zoning Ordinances Changes as proposed by the Planning Board. He related that the ordinance changes should be presented to the people some other way. They are not the same as originally proposed by the Planning Board. I am hoping that it gets defeated. Paul tells me that it has to be in the form as presented. He related that due to the arrangement of the articles, if one passes and one fails, there will be a “real mess on your hands.” Some of the contents are glaringly wrong especially Warrant Article #3, which describes density in one word, and this does not really explain the proposed changes. Warrant Article #5 deals with definitions and it explains Warrant Article #3 regarding density. The cluster formula is incorrect and a developer could take advantage of this.

Will the Board go through these and take extreme measures to inform the public? Mr. Pritchard’s is all in one piece (warrant article) and not broken up. The Planning Board should do it also. I am hoping that Board of Selectman will make the change.

PUBLIC HEARING

None.

NEW BUSINESS

ACTION ITEMS:

3. Community Development Block Grant Proposal

(LS) Motion to adopt the Housing and Community Development Plan as proposed. (DM) Second. After Discussion: Carried 5-0.

Discussion: Liz Sweeney indicated to Board that it has been put into a better format with short and long term goals separated. (LS) noted that she has reviewed the Master Plan and felt that this stays within the spirit of the plan as well as creating jobs. (EV) I went through the information and I agree.

(LS) Motion to adopt the Residential Antidisplacement and Relocation Assistance Plan. (DM) Second. After Discussion: Carried 5-0.

Discussion: (LS) My concern was that this would not displace any low/moderate housing individuals but this is in relation to this project.

(LS) Motion to approve the submittal of the application and vote to authorize the Chairman to sign and submit the application, and upon the approval of the CDBG application, authorize the Chairman to execute any documents which may be necessary to effectuate the CDBG contract. (DM) Second. After Discussion: Carried 5-0.

Discussion: (LS) I did get an opportunity to meet with them. They are in the process of starting up a business and monies are needed to get going. It was explained by Amenico that there is equipment in the building, which is all but paid for along with sufficient funds for cash flow for the next two years. As a Board member, I support his grant.

7. Employee of the Month – December

(DM) Motion to approve George Bachelder as Employee of the Month for December. (LS) Second. Carried 5-0.

George will be requested to be at the next BOS meeting. (LK) There are no Department Heads nominating employees. We should not be doing this. I would like to see the Department Heads nominate some individuals and get active in this program. Paul, could you remind them again at the Department Heads meeting? (PS) Yes. (DM) We want to recognize Town’s great employees and what they do for Town. (LK) Perhaps, if there is no interest, we will have to cancel program.

8. Letter Chairman Planning Board Re: Dan Schroth

(PS) This is in conjunction with the letter submitted by Jim Pritchard regarding removing Dan Schroth from Planning Board.

(LK) We will address this later in the meeting.

9. Budget

(LS) I have prepared a summary of the Budget, which I would like to submit to the newspaper. There is a Public Hearing scheduled for tomorrow night. Voting on the budget will occur at the Town Meeting. This will provide information on the Budget and help those trying to figure out the proper procedure.

1. Jim Pritchard Letter Re: Dan Schroth

Kyle Parker, Building Inspector: I am here tonight to address the Dan Schroth issue. “I am on top of this issue in getting information from the LGC as to what can be done. I am putting together a letter to Dan of a synopsis of what is going on and addressing the issues.” I will get approval from LGC and offer a copy to Board prior to mailing. (LK) noted Board would set aside this matter for now until receipt and review of Kyle’s letter. (LS) This sounds like the most effective way to do this. (EV) noted he would like to see the letter before it is sent. Kyle agreed that he would provide BOS and (PS) a copy of the letter prior to mailing. This matter will be tabled until that time.

10. Library Attic Insulation

(PS) Kyle has a few more quotes from various contractors. Kyle indicated that he would put a packet together for Board review.

(LS) I also understand that there are grants available for windows for historic buildings. Kyle noted that he is looking into this right now and still has a few things to check and would get back to Board when completed.

2. Action on 2009 Town Warrant

(PS) Based upon the discussion of Warrant, this is a draft of a proposed additional Warrant Article tied to NH Charitable Foundation Grant Re: Drug Awareness and Education. A public hearing date will need to be scheduled for acceptance of grant.

Chief Wharem related that this is an anonymous donation for the purpose of educational purposes and programs within the community and used within a twelve-month period. If the grant is accepted, provisions will be made for monthly speakers, educational aids, as well as other drug educational purposes.

(LK) Any update on the Drug Coalition? Chief Wharem noted that meetings have occurred to discuss application of the grant including a part-time coordinator. He explained that up till recently, the PD was unable to actively participate in this program because of manpower and scheduling, but now that things have settled down they will again become an active part of the coalition. He requested that these monies be kept separate from trust for tracking purposes. After discussion, Board agreed that it would be easier to track if incorporated in the trust.

(DM) Motion to accept New Hampshire Charitable Foundation Grant for Drug Awareness and Education and schedule a Public Hearing on February 4, 2009 at 6:15 P.M. (EV) Second. Carried 5-0.

(DM) Motion to approve Warrant Article #26 to be added to the Warrant Articles for 2009:

To see if the Town will vote to raise and appropriate the
Sum of Five Thousand Dollars ($5,000) to be added to the
Police Department Drug Awareness and Education Expendable
Trust Fund previously established. This sum is to come from the fund
balance, which includes a recent gift received from the New
Hampshire Charitable Foundation for such purpose, and no amount to
be raised from taxation. (Reserve Fund balance is $9,944.74 on
12-31-08).

(LS) Second. Carried 5-0.

(PS) Unless the Board has any other changes, the Warrant Articles are now complete.

(LS) Motion to approve and accept Warrant Articles 2009 as amended including Article 26. (DM) Second. Carried 5-0.

(LK) Regarding Warrant Articles 2, 3, 4, 5, 6, Fred, have you checked with Town Counsel? (FH) I have been told by Town Counsel that they are correct as is and not to worry about it. (LK) Good job, Fred.

4. Sale of Police Department Weapons

Chief Wharem related that Board had discussed this about a month ago. We now have three estimates. (FH) How old are these weapons? Chief Wharem, “About 20-22 years old.” (EV) Are all these companies licensed gun dealers? Chief Wharem related that they were and that PD has done business with several of them previously. (EV) The bill of sale will indicate that the guns are being sold “as is.” Chief Wharem agreed.

(LS) Motion to sell old Police Department weapons to TriEagle Firearms in the amount of $2,200. (DM) Second. Carried 5-0.

Chief Wharem questioned Board on disposal of practice shell casings. He was advised to use his own discretion for disposal.

5. Cross Country Appraisal 2009 Contract Proposal

(PS) This was on the last meeting Agenda and Board had requested it be addressed tonight. Cara has reviewed it as have I, and it is before you for approval.

(LS) There is no performance bond in conjunction with this. I would not approve this without one. Board agreed to table this until this is included in contract.

11. Board of Selectman Meeting Dates

(PS) Regular meeting dates for March would be the 10th and 24th. Since there will be town elections on March 10th, would you like to schedule other dates? Board agreed that regular Board of Selectman meetings for March would be March 17th and March 31st. In April, they will resume the regular schedule.

12. DES Septage Receiving Facility Loan Agreement

(PS) The NHDES has directed a letter to the Board of Selectman requesting response by March 1, 2009 in reference to the construction of the septage receiving facility and loan associated with this. After discussion, Board agreed that the balance would be paid in full in the amount of $45,025.

(FH) Motion to approve final disbursement and supplemental loan agreement payment in the amount of $45,025. (EV) Second. Carried 5-0.

13. Safe Routes to School

(PS) Matt Monahan, CNHRPC, will be present on February 24th to discuss grant application for Safe Routes to School bringing with him individuals who have worked on this previously. (EV) noted that he had discussed this with Rodrigo and that these would not only be for new sidewalks but would also cover repair of present sidewalks.

INFORMATION ITEMS

1. Town Hall Generator

(LK) related that the generator has now been fixed but will require a new battery. Total cost is going to be about $300.

(EV) This will plug into Town Hall? (LK) Not yet, but adaptations will be made so this can be done. The generator is big enough to provide lights and heat to Town Hall in case of an emergency. Board discussed possible procurement of generator that would cover entire Town Hall. Pat Heffernan would look into electrical conversion to accommodate. Board agreed that they would start with what presently is available and get some prices for future purchases.

2. Route 28 Corridor Safety Study – DOT

(EV) There was a committee meeting and we were provided the data collection that has been accomplished. The DOT has recommended that 2-3 individuals from each community be approved to be “data takers” and Chief Wharem and Chief Johnson were suggested. This would entail taking a two-day course.

3. Letter to BOS from DRA Re: Assessment Ratio Analysis

Board briefly discussed property selling for less than assessment and the 100% ratio noting that it excluded foreclosures.

4. Additional Information Items

Several other items were provided for informational purposes such as Police Department Arrest Log, Memo from Chief Wharem re: MV Accident/Ann Taylor, State DOT Report regarding Leavitt Road and Route 28, Police Department Shift Schedule – February, Memo from Building Inspector Re: Pittsfield Self Storage, LGC Opinion Re: Conversion to Appointed Planning Board, Memo from BI Re: TC’s Garage, February Fire Department Shift Schedule, Budget Committee Minutes of January 21, 2009, Welfare Monthly Report for January, Letter from BI regarding Pittsfield Weaving Fire Inspection and Letter to BOS from DRA regarding Assessment Ratio Analysis.

OLD BUSINESS

Items 1, 2, and 3: Pending.

4. Sidewalk Improvement Plan

This will be addressed at the next BOS meeting on February 24th.

5. Library Attic Insulation

(PS) Kyle is putting together some quotes on this. (FH) questioned the grant for windows in historical settings and suggested that this should encompass the library as well as the Town Hall. (PS) Town may qualify through development grant. I would agree that if you were going to do one that all should be done.

6. Cost of Broadcasting Selectmen, Planning and Zoning Board Meetings

This will continue to be pursued if only for informational purposes.

APPLICATIONS AND WARRANTS

1. 2008 Fourth Quarter Sewer Warrant

(FH) Motion to approve 2008 Fourth Quarter Sewer Warrant in the amount of $82,326.29. (EV) Second. Carried 5-0.

2. Notice of Welfare Lien

(FH) Motion to accept Welfare Lien for Tax Map Lot U-3, Lot 106. (LS) Second. Carried 5-0.

3. Application for Veteran’s Credit Tax Map R-40, Lot 4

(FH) Motion to not approve veteran’s credit for Tax Map R-40, Lot 4.
(LS) Second. Carried 5-0.

CHECKS AND MANIFESTS

(DM) Motion to approve Payroll and Direct Deposits. (LS) Second. Carried 5-0.

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

OTHER

(FH) noted that he had recently discussed kerosene use at Fire Station. “I called Fuller and they no longer have fuel mix. They are looking into prices of oil and if converted and the necessary provisions made, this could save quite a bit of money in the future. (LK) suggested talking to Fire Chief and get his recommendations. (LS) We were also going to get a quote from Amenico. (PS) Agreed.

MINUTES

1. Public Session Minutes of February 3, 2009

(EV) Motion to approve Public Session Minutes of February 3, 2009.
(DM) Second. Carried 5-0.

PUBLIC INPUT

Jim Pritchard: As I understand it, Mr. Hast has checked the Warrant Articles pertaining to the Zoning Ordinances changes with the Town Attorney and they are “perfect.” (FH agreed.) What about the change to the Auto Body Shop, can you tell me where that is noted? How would a voter know which amendment deals with the auto body shop? Is anyone going to explain to the voter? (FH) noted that PB voted not to change anything. There was an error in two places. Mr. Pritchard: There are more than two typographical errors. I am assuming that Auto Body Shop is a typographical error. In the proposal presented to the public, I looked at them all and did not see it. (LK) We will check into it. Good catch, Jim. We might want to talk to Town Counsel on that.

Jim Pritchard: My question is that code enforcement is writing a letter that will be reviewed by Town Counsel regarding Dan Schroth’s property. What will be addressed in that letter? Board related that since they did not yet have the letter, they did not know what would be addressed. Mr. Pritchard: “So, you do not know what is going to be in the letter?” (LS) The Building Inspector is gathering the facts and will present the letter to the Board.

James Theodore: I wonder how the EDC is doing in regard to the downtown area? (LS) noted that the EDC has not gone forward with anything as of yet but is still speculating.

Mr. Theodore: Ed, concerning the WIFI, do we have enough subscribers yet to allow it to pay for itself? (EV) noted that was still being worked on. There were a few problems with it, which have been corrected. We are in the process of compiling a letter to Metrocast concerning the waiver of monthly fees with the proviso they get to advertise on face page. For the short time that it has been around, it is quite active.

Mr. Theodore: Concerning the downtown tower clock, there are three different times on the faces. (PS) noted that apparently the hands of the clock are “stuck together.” Stan Bailey continues to work on having it repaired. They are considering getting a fire ladder truck to do the repairs. (FH) noted that in the past a ladder truck was used to paint the tower. Pat Heffernan questioned if it had ever been determined who owns the clock. Board noted that it was agreed that the Town would assist in its maintenance and repair.

Maurice Wells: Where are you going to put replacement windows in the Town Hall? (PS) All windows I would assume. Mr. Wells noted that the first floor already had replacement windows. H & H did it in 1996. (LK) The Building Inspector is working on this, perhaps, you could check with him tomorrow.
(FH) explained that on the second floor the windows were just “stuck in” with some insulation around them, but not replaced with the correct type of window that were previously there. Mr. Wells agreed that he would check with Building Inspector tomorrow.

Closed Public Input

NON-PUBLIC SESSION

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

Board went into Non-Public Session at 8:11 P.

Board returned to Public Session at 8:30 P.M. minus (FH) and (LS) who temporarily left room.

(DM) Motion to seal Non-Public Minutes of February 10, 2009. (EV) Second. Carried 3-0.

ADJOURNMENT

(DM) Motion to adjourn. (EV) Second. Carried 3-0.

APPROVED: February 24, 2009

_______________________________ _________________________
Larry Konopka, Chairman Date

II Tapes