FEBRUARY 3, 2009 Minutes

TOWN OF PITTSFIELD
BOARD OF SELECTMAN
TOWN HALL, 85 MAIN STREET
PITTSFIELD, NH 03263
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MEETING MINUTES OF TUESDAY, FEBRUARY 3, 2009

CALL TO ORDER

Call to order at 5:30 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 submitted a letter in relation to Dan Schroth’s conduct as Alternate member of the Planning Board’s and their action on reinstating him after his resignation. If there something that is unclear in the letter, I am here tonight to answer any questions? I submitted it yesterday. Will the Board be addressing this tonight?

(PS) noted that this will be addressed at the next regular meeting of the Board of Selectman. I am in receipt of your letter but have not yet forwarded a copy to the Board.

Bob Lincoln: I will not be here next week, but would also like to address Dan Schroth’s “home business.” He has had signs up the whole time. He lied to the Planning Board just to get back on the Board. Letting him get by with this is a real issue. Dan even related that he is in civil disobedience. I would like to see something done about this. I have some pictures, which were taken on January 31, 2009. (He presented to Board for review.) He told the Planning Board that he took down the signs. The signs were up on January 24th. He gave the Board his resignation, which was not accepted and now is back on the Board. The Building Inspector said that he was in compliance, but he is not. (LK) noted that as soon as it was brought to his attention, he went up there to see it. I talked to the Building Inspector and I talked to Dan Schroth. The Building Inspector had gone up there to view the property. When he was there last Friday, he took pictures. The Planning Board will probably discuss this at their meeting this week. Mr. Lincoln noted, “This is outrageous and I would like to make sure that it is dealt with. He is telling people that he will do what he wants to do.” I just want to make sure that this is taken care of. He told Planning Board that he took down the signs. He only took down two small signs. (LK) The Building Inspector is going by what I told him to do. Mr. Lincoln noted, “No one went down there.” (LK) We talked to Dan and he told us he would take the signs down. We have pictures. Mr. Lincoln related that he just wanted to make sure he did not get by with it. When he did it, he was on the Planning Board. I do not like the way that it was done. It aggravates the “he—“ out of me. (DM) What’s fair is fair.

Jim Pritchard: As Bob mentioned, there should be enforcement of the Zoning Ordinances and also Dan lied to the Planning Board which is an issue that I addressed in my letter. Dan went to Planning Board, they did not accept his resignation and they voted once again to put him back on the Planning Board as Alternate. Whether or not they did it under false pretenses, the Planning Board cannot rescind their vote. They took a legally binding vote. He is an Alternate. Action needs to be taken by this Board if anything is to happen at all.

Fred Hast: At one of the last Planning Board meetings, Dan told us all this and I asked the Building Inspector if he was in compliance and the Building Inspector said he was in compliance. Mr. Lincoln noted that he is not blaming anyone, but he would like the matter dealt with.

(LS) Thank you, Jim, for the information.

APPOINTMENTS

None.

NEW BUSINESS

Action Items:

1. Action on 2009 Proposed Budget

(LS) I was not reading the calculations we had last time correctly. The top portion is to be recouped in 2008 and 2009 it shows how we would recoup those costs. What we did not appropriate is the increase in actual fees, which is $44,783 per month. The bottom line for 2009 is $169,830 for Line 260. (PS) It is already noted in the current copy of the budget (Page 19).

(LS) Motion to approve $169,830 for Line 260 (Pittsfield Aqueduct Hydrants) (DM) Second. After Discussion: Carried 5-0.

Discussion:

(LS) I talked to Gary Johnson about the hydrants and he said we do need hydrants. We also discussed that there may be other ways to approach this such as cisterns or dry hydrants. There must be something that we can check into regarding this. I just hate to keep handing over more money to them and being at their mercy. They doubled the fees this year. (FH) I believe, seriously need fire hydrants because we have been down this road several times. If we do not have fire hydrants, residents’ personal insurance will go sky high. (LS) Fred, do you have any other ways to get past that. (FH) No, but you could check with the Fire Marshall. (LS) Have you talked to the Fire Marshall about that? (FH) Years and years ago I did. If there were not enough water downtown then we would have to go to the river for that supply. Having hydrants cuts down insurance considerably. Have Chief contact ISO and figure it out. It is pennies to dollars. (LK) Can you contact him, Fred? (FH) Have the Fire Chief do it. (LS) I would also suggest researching what other municipalities pay and what they use. (DM) I might have some information on that. I went to two Pennichuck Water hearings and they gave out information on reading of the hydrants, test results and capacities. I might be able to pick up that information. (LS) It might be pennies to dollars but more research will be helpful. I guess I would want to weigh how much I am paying for insurance versus how much I am paying for hydrants.

(FH) When Pennichuck bought it, they said they would not increase user fees. (EV) For this budget, we have to do it. (FH) They increased the size of the pipes considerably. They got a $750,000 grant/bank loan and said that they would not increase user fees, but they did. (LK) I would still like to find alternate ways, which we may need some time down the road. (FH) The ratepayers are the stockholders. Town could have bought it and had it paid for in ten years. We have got to keep working on this. When the Pittsfield East Aqueduct split away from the other two, the rates got even higher. (DM) Did the Town enter into a contract to take care of this? (FH) They bought it. I still say the deal had been made even before the sale. It went from $10 a share to about $40 a share.

AGENDA REVIEW

(DM) Loitering Ordinance – Website/Channel 24, EOM – December; (EV) Update on Town Hall Sign; (FH) Fire Department Schedule, Ambulance Delivery, Home Occupation Problem; (LK) Accounts Payable – RE: Planning Board advertisement.

ACTION ITEMS – CONTINUED

2. Action on 2009 Town Warrant

(PS) I have provided Board with updated copies of the Warrant Articles. Please review the changes and we can put this on the Agenda for next week for adoption.

I have completed Article 2 to read as it should. Article 3 is to be framed by the Town Attorney regarding the Planning Board changes to the Zoning Ordinances.
Article 4 is in reference to a Citizen Petition that was submitted today regarding appointment of Planning Board members rather than by election. Article 5 we are still awaiting comments from Town Attorney. Article 6 has been modified a bit based on the attached E-mail. Articles 7, 8, and 9 are similar. Article 10 had been modified based on previous discussion regarding Emergency Fund. (LS) I like the way that has been worded. (PS) Articles 11-22, the Board voted on previously. Article 23 requires insertion of figure.

(LS) Motion to approve Warrant Article 23 in the amount of $3,728,640.
(DM) Second. Carried 5-0.

(LS) I would like to reiterate my comments in my E-Mail in spite of this mess with regard to hydrants that the gross tax rate would go from $7.98 to $7.95. I am thankful for that.

(FH) Regarding Article 8, seriously, these monies were captured by insurance monies when Town Hall was in the Community Center. We took part of that money and renovated this floor here and we had approximately $76,000 left to renovate the second floor. We started this in the early l990’s. The previous Board took about $70,000 of that to put on a new roof, which left about $5,158. I would like to see those monies go into the reserve fund that you had started of $50,000. I know this is just a “drop in the bucket” but it could be added to every year until we get enough to do something with it. We could use some of it to fix this floor and then renovate the second floor. I would like to put it in that way.

Also, the Salt Shed, I would like to see that one put back in. Those monies were raised by taxes over a couple of years. We could just add to the fund. It should be growing. I know we cannot put anything in this year, but hopefully we can put something in next year. (LS) We decided we could not afford it. (FH) I understand that, Linda, and I have no qualms with that at all, but I think that the $5,158 should go in that reserve fund we have. I am sorry but that is the way that I feel. I would rather do this here than on the floor.

(FH) Motion to put those monies Articles 7 & 8 back into fund. Motion dies because of lack of Second.

(LK) We are about three cents below last year’s tax rate. (EV) Fred, you said you would rather do this here than on the floor. Are you referring to the Town Meeting? (FH) Yes. This is the way I feel and the way previous people thought about this. (EV) Originally the vote was 5-0 and now you are speaking against it. (FH) I have had the opportunity to think about it.

(FH) Regarding Article 6, the E-Mail that she sent makes it sound like she wants to change it. (EV) noted that he was happy with the way it is. (FH) Are we going to do the whole thing ourselves? (PS) The Board can review and finalize next week. (EV) I am ready to motion on Article 6. (FH) We should have the final draft of the contract first.

(EV) Motion to approve Article 6 as written. (DM) Second. Carried 5-0.

(LS) Motion to approve Article 10 as written. (DM) Second. Carried 5-0.

(LK) Thank you, Paul. They all sound great. Have we notified the school of the Town Meeting date? (PS) I will discuss it with Town Clerk.

3. Planning Board Advertisement

(LK) Check No. 9975 in the amount of $1,468.80 – the Planning Board had raised some funds previously and I suggest we take these advertising fees out of that fund.

(LK) Motion to have check #9975 in the amount of $1,468.80 for Planning Board advertisement of January 7, 2009 be taken out of Planning Board account established for that purpose. (DM) Second. Carried 5-0.

(FH) You know the advertisement as noted in the Sun has to go on the ballot as is. We put it in the Sun that way so the entire thing has to go on the ballot.

4. Loitering Ordinance

(DM) Motion to approve having new Loitering Ordinance recorded on the Website. (LS) Second. Carried 5-0.

(LS) Motion to approve that new Loitering Ordinance as referenced be on Channel 24 in condensed format. (DM) Second. Carried 5-0.

5. Employee of the Month – December

(DM) I would like some suggestions for Employee of the Month – December. (LS) This should be addressed at Department Heads meeting also.

6. Town Hall Sign

(LK) I did call the school a couple of weeks ago and was told that they would have it in a couple of days. I will check again. (LS) This is a volunteer thing, so I would just inquire. (FH) If we had asked the person who originally made the sign, we would have had it back in a couple of days. (LS) We wanted to include it as part of community service.

7. Fire Department Schedule

(FH) I had asked about this a couple of months ago and was told they would start providing it in February. Here it is February and I have not seen it yet.

(PS) The Fire Chief gave me a schedule and I felt it needed to be delineated. I returned it, he revised it, and returned to me today. He was also ill last week. It will be in your boxes by tomorrow.

8. Ambulance Delivery

(FH) It should have come in December and now it is delayed until January. How is that progressing? (PS) I will ask the Chief for an update. I do believe it is going from the manufacturer to the vendor in Mass over the next couple of weeks. All these small things take time. I will try and get a more definitive answer for you. (FH) Did we trade the old one for the new one? (PS) Yes, but stripped of all the equipment. (FH) Is that equipment going on the new one? (PS) This equipment will be put on the oldest one that is in use. (FH) Does the new one have all new radios and sirens? (PS) I do not know. (LK) I am sure Gary can answer all those questions for you.

9. Home Occupation

(FH) On the report from the Building Inspector, there were some concerns about a home occupation. I was wondering how things are going with that? (LS) questioned whether it was in reference to people occupying a new home. (FH) This is in reference to people who have lived in the home for many years. He said he sold Christmas tree for several years now. Someone brought up about the Home Occupation issue again. (LK) I suggest you talk to Kyle about this. I would address what is going on there though I would not like to discuss it in public, but the Building Inspector did check on it.

10. Emergency Generator Status

(FH) What is the status concerning the emergency generator at Town Hall that was supposed to be picked up and repaired. He did not pick it up. (LK) I will check on this. I did call him and thought it was taken care of.

11. Overtime

(LS) A while back we put out a Memo that any overtime should be approved by Town Administrator, but it is not being done. (PS) to check on this.

CHECKS AND MANIFESTS

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

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

MINUTES

(EV) Motion to approve Public Session Minutes of January 27, 2009.
(DM) Second. Carried 5-0.

PUBLIC INPUT

Jim Pritchard: Is there a question regarding the Petition submitted by John Lenaerts regarding returning to an appointed Planning Board as opposed to an elected one? Are you seeking some kind of legal interpretation? Are the Statutes not clear and is that what is confusing you to seek legal interpretation?

(PS) noted that there was no confusion. Town Clerk and I both read the Statutes the way you did and we are seeking information from LGC, at no cost to Town, on confirmation of our understanding of the Statute.

Jim Pritchard: Two things that I would envision you would be asking would be the legality of it and secondly, what to do if Petition is adopted. There are no concerns that the Petition is illegal? (PS) No. (LS) We can support this Petition or not support it since it is filed by Petition. Mr. Pritchard noted that Board would have to show Statutorily the reasons. As individuals, you can do the same as everybody else. (FH) We have filing dates. If people would like to get on the Board, they should have filed. It is hard to get people to run.

Don Chase: I have a scanner, which I listen to a lot. The Highway Department does a lot and does a phenomenal job under adverse conditions.

There is an Ordinance in Town noting that one should not put snow from their property onto a public way. Someone on Will Smith Road breaks this Ordinance every time it snows. I believe the fine for the first time is $100, second offense is $500 and I do not know what occurs thereafter.

(LK) This is a Town-wide issue.

Mr. Chase further noted that Board recently passed a Loitering Ordinance and I congratulate you that it has passed, but who is going to enforce it? There needs to be someone in Town to enforce it. I cited a “repeat offender” of the Snow Ordinance. It is not just him but I have seen others. You put up a 20 minute parking sign on Main Street and people consistently break it. (LS) It has to be noted that it has been reported to the authorities so proper process can take place. Mr. Chase related that by pushing snow into the road, it causes problems for Town trucks. These people keep doing it because they get away with it. (LS) We need to know if proper authorities were contacted. (FH) The Ordinance was passed and if Highway Department has a problem, they should be contacting the PD and the PD should investigate. (LS) Again, we need to know if Police Department was contacted regarding this. Mr. Chase, “You know who I am talking about.” (LK) I see it happening more and more. You are right; the Highway Department does a great job. Mr. Chase, “They do not need this aggravation.”

ADJOURNMENT

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

Meeting adjourned at 6:30 P.M.

Approved: February 10, 2009

________________________________ ________________________
Larry Konopka, Chairman Date

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