January 25, 2011 Minutes

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

MEETING MINUTES OF TUESDAY, JANUARY 25, 2011

CALL TO ORDER

Call to order at 6:00 P.M., by Denise Morin, Chairman.

MEMBERS PRESENT

Denise Morin (DM), Chairman, Ed Vien (EV), Vice-Chairman, Fred Hast (FH), Fred Okrent (FO), Arthur Morse (AM), Paul Skowron (PS), Town Administrator, and Delores Fritz, Recording Secretary.

MEMBERS ABSENT

None.

PUBLIC INPUT

None.

AGENDA REVIEW

(PS) Engagement Letter for Auditors, E-Mail from Welfare Director Re: Welfare Lien, Recommendations from the Ethics Committee Re: Ordinance Changes, Memo from Chief Wharem Re: Transfer to Police Cruiser Capital Reserve, Petitioned Warrant Article Re: Housing Standards Ordinance, Memo from Liz Hast Re: Town Report, Cross Country Appraisers (Requested by Fred Hast), Liens/Deeds (Requested by Fred Hast), Acceptance of Bailey Drive as Town Road;(DM) Light – PYW, Animal Control Officer Update, Canine Program Update, John Webber – School; (AM) Letters to Sun – Re: Zoning Ordinances, Forestry Truck, BOS Petition for Three Member Board, (FH) Pennichuck – Eminent Domain.

NEW BUSINESS
ACTION ITEMS

1. Engagement Letter for Auditors

(PS) This is the engagement letter sent to us by Plodzik & Sanderson which requires authorization for signature by Chair. Most of the fieldwork has been accomplished. The auditors were here last week and finished today.

(FO) Motion to authorize Chair to sign Engagement Letter for Plodzik & Sanderson audit 2010. (FH) Second. Carried 5-0.

(FO) Is this the same letter that we sign every year? (PS) Yes, but it is getting more complicated.

2. E-Mail from Welfare Director Re: Welfare Lien

(PS) The Board last week wanted to know about amounts contained in Welfare Liens. It is noted that amounts are not specified on Welfare Liens since they might have to be modified in the future should the recipient require additional assistance in the future. When necessary, the Registry or the bank calls for the amount. According to the Welfare Director, “Town can assign a cumulative total to be reimbursed at the time of conveyance.” (EV) We only “lien” it once.
(AM) What about the reverse of that, how does the Board know what amount is piling up? (PS) We can track this.

(AM) Motion to approve Welfare Lien Tax Map R35, Lot 32. (FO) Second. Carried 5-0.

3. Recommendations from the Ethics Committee Re: Ordinance Changes

(PS) The Board has received a letter from Merrill Vaughan, Chair of the Ethics Committee recommending several changes to the Code of Ethics Ordinance. He is here tonight to recommend the changes be acted upon by the Board. This would not be presented as a Warrant Article unless proposed by Board of Selectmen.

Merrill Vaughan: Last March, when Don Chase resigned, I was elected as Chair of the Ethics Committee. The Committee would like to recommend three proposed changes to the Code of Ethics. (See attached.) “I believe that making these three changes will make the Committee stronger, represent the people better and will be for the betterment of the Town.” Actually, I am not even sure what Code of Ethics we are working with, though I believe it is from 2005. We are working on the codes to make them easier to understand.

(FO) On the change noted in No. 2, why is it in Conflicts of Interest Prohibited? Shouldn’t that stand alone? Mr. Vaughan: This was recommended to be placed in that section by Laura Spector since there would be no other subtitle to place it under.

(DM) It states ……refrain from any abusive or derogatory conduct or language…, this is a large category. Mr. Vaughan: “abusive or bad language that is directed towards females, there is really no other recourse.” (DM) What may be abusive to one may not be abusive to another. Mr. Vaughan: That would be a judgment call decided by the Committee.

(PS) First of all, currently, the Town has a complaint process which can be referred via a form. Secondly, I am not sure how No. 2 would dovetail into the current Union contracts; this might end up being a conflict. Thirdly, would this only be during the course of business or any time? Mr. Vaughan: Any time; the Committee would review the complaint and investigate.

(PS) As I read this, does this include the Board of Selectmen members’ comments to each other? I think that this is where Denise cannot wrap her arms around the section. It cannot be discretionary. If two Board members have words, then one would file the complaint with the Ethics Committee. Mr. Vaughan: True, but now there is no recourse. (FO) I have some problem with the language being constitutionally vague which would open up a bigger can of worms resulting in unwanted publicity to Town and in defending this. It is very broad. Mr. Vaughan: When I wrote it, it was quite different but Town counsel “rewrote it.”

(DM) I commend you for taking on this problem. I personally cannot go along with it. It is too broad. I would suggest you keep working on it. (EV) On this particular thing, I agree with Denise. Personally, I think the Ethics Committee is a waste of time and energy though this is no reflection upon the committee. Of all the cases I have seen go before them, I do not know that it has accomplished anything. (FO) The Ethics Committee serves as a deterrent. How it is constituted is another matter. Mr. Vaughan: Perhaps, we could work with a couple of Board members to make it better. (AM) It is not getting people to act politely but legally. For employees, there is the complaint process but for elected official the only recourse would be not to elect them again.

Mr. Vaughan: “What about Nos. 1 and 3? (DM) I have not given much thought to these. I would go back to the drawing board. No. 2 is “rather scary,” and No. 1 the word shall is a stronger word than will. As for No. 3, five years is a long time. How would you enforce this? (AM) You cannot deny a person the right to run. (DM) Merrill, thank you for your time.

PUBLIC HEARING (6:25 P.M.)

6:20P.M.: Rescind Bond Issue/WWTF – $1,566.994 (Recessed from
1/18/11 Meeting

(DM) read to the public the Public Hearing Notice for the proposed Warrant Article to rescind the authorization to borrow and expend the amount of $1,566,994 for the purpose of constructing a regional septage receiving facility to operate in conjunction with Pittsfield WWTF. (See attached.)

OPEN PUBLIC INPUT

Ted Mitchell: What was the original intent? (PS) The original intent concerned a 2005 Bond to establish and construct a septage receiving station at the WWTP. A pilot program was instituted and which now has been discontinued. The Board is not inclined to move forward with this and looking to rescind the Bond issue. There is also a 2007 Bond issue which cannot be rescinded until 2013.

CLOSE PUBLIC INPUT

(FH) It was intended to make money. It would have brought in $175,000 and it would have been put in reserve to replace lines. (EV) Part of the reason, was the damage to the lagoons that showed up. (FH) We are going to have to come up with big bucks to replace the lines.

(PS) The Board will have to take action to put this on a Warrant Article.

CLOSE PUBLIC HEARING

PUBLIC HEARING

6:25 P.M.: Proposed Bond Issue/South Main Street Pump Station –
$288,324. (Recessed from 1/18/11)

(DM) read to the public the Public Hearing Notice on the proposed Warrant Article for a bond issue in the amount of $288,324 for replacing the South Main Street Pump Sewer Station. (See attached.)

OPEN PUBLIC INPUT (6:35 P.M.):

Maurice Wells: Why are we replacing that pump station? (PS) That particular pump station has been in operation for 32 years and is extremely unsafe for staff to work on. The entry is not acceptable according to Safety Rules and it requires new electronics and mechanics. It is a collection site for various lines from other pumping stations. Mr. Wells: There are less than twenty customers on that line. The rest comes back to High Street. That is a lot of money to spend for this. Who is going to fund this? (PS) Grants are usually 50% by users and 50% by taxpayers. Mr. Wells: The sewer fund cleaned lagoons out and it cost $294,000 back in 2001, why can’t we use the accumulated sewer fund? (PS) At the time that the project is approved, the Town will have to make a decision to use a Bond Anticipation Note or the Sewer Fund. Mr. Wells: There is over $344,000 in the Sewer Fund. (FH) When it was put in, the Town paid the whole thing and I thought any capital outlay would be extra. Mr. Wells: Is it in writing? (PS) At minimum, it would be attached to the Warrant Article. Mr. Wells: We used the $294,000 to clean lagoons which came out of the sewer fund. (FH) That was not capital improvement, it was maintenance.

Larry Konopka: Are there only twenty users on the line? (PS) No, more.
Mr. Wells: That pumping station was an afterthought when the sewer was put in. (DM) We are not sure how many customers there are on the line. (PS) It is the last station before the WWTP. It all goes through the S. Main Street pumping station. (DM) We will check into this with Ron Vien.

CLOSE PUBLIC INPUT

CLOSE PUBLIC HEARING

PUBLIC HEARING (6:40 P.M.)

6:30 P.M.: Proposed Bond Issue/Safe Routes to School – $245,398.
(Recessed from 1/18/11 Meeting)

(DM) read to the public the Public Hearing Notice from the proposed Warrant Article for a bond issue in the amount of $245,398 for the Safe Routes to School Plan. (See attached.)

Nick Coates, Central New Hampshire Regional Planning Commission, gave an overview of the project addressing the traffic speed on Catamount and Tilton Hill Roads, signage, location of sidewalks as well as plans for signage and one-way traffic on Oneida Street.

He noted that the Town really did not need to bond this and would only need funds to cover the first payment and would be reimbursed in full. The bond would accrue interest and there would not be a need for a bond. The Town could pay the first payment from the General Fund and then be reimbursed by the State 100% within 6-8 weeks.

Mr. Coates further explained why particular roads were addressed, speed signs, crossing guards, caution lights and reimbursement of funds and noted that the plan for the second part of the program would be available every Fall.

(PS) Who develops the RFP? Mr. Coates: CNHRPC could accomplish this part of the process and absorb it into the funding from DOT. (PS) Who would do the mechanics? Mr. Coates: Probably your Highway Department. We would oversee the work with the engineer. He noted there is a Project Guide available through the DOT. (AM) Who would oversee them? Mr. Coates: The Committee.
(AM) Are they capable of this?

John Freeman: The Committee did consider other pieces of the project before settling on this portion and did discuss the need for crossing guards. Also, the Committee did not anticipate the need for a bond and we were unsure as to how this came about as it is a fully funded grant.

(DM) Does the school budget have unspent funds? Mr. Freeman: There is still a fund balance but there are still projects pending and it is too early to tell.

CLOSE PUBLIC INPUT

(DM) Can you provide the sample language for the Warrant Article. Mr. Coates: Yes. (DM) Could you please send it to Paul.

7:15 P.M. Recess. Resume at 7:19 P.M.

(PS) The Safe Routes to School Plan Implementation Bond Issue was my recommendation. The purpose of the hearing was to preserve the Board’s right if they decided on a Bond Issue. The preference of having a majority vote rather than a 2/3 majority would be beneficial. Board could create a Warrant Article to appropriate the $245,398 funds and adjust the tax rate. My recommendation would be to appropriate funds via the surplus unexpended values of the General Fund from 2010. It needs to carry identification of revenue. Eventually it would be 100% reimbursed and the funds would revert back to the fund balance. It would have no impact on the tax rate. (AM) I would not like to bond it. (PS) The Warrant Article could be conditioned upon the acceptance of the grant. (PS) to draw up the Warrant Article both ways.

CLOSE PUBLIC HEARING

NEW BUSINESS – ACTION ITEMS CONTINUED:

4. Memorandum from Chief Wharem Re: Transfer to Police Cruiser
Capital Reserve

(PS) An E-Mail has been received from Chief Wharem regarding the funding of replacement cruiser.

Chief Wharem: Looking through the budget, $15,000 has been allocated for purchase of police cruiser. The amount used to be $30,000 which was changed by me for a two-year period, but if we do not fully fund the $30,000 in the next three years we will have to replace three vehicles at a cost somewhere in the vicinity of $90,000. We need to get back in the cycle of allocating $30,000 yearly.

(DM) Are you anticipating buying a cruiser next year? Chief Wharem: One every year which has been the average since 2000. (PS) Just to clarify, do you want to buy a cruiser in 2011? Chief Wharem: Yes, the one last purchased was for 2010 budget. (FO) Do you have capital reserves for the cars? Chief Wharem: It was never part of the budget. (FH) I would like to see putting in the $15,000.
(PS) Board will have to motion to eliminate the appropriation of capital project portion of budget for purchase of a cruiser.

(AM) Motion to add $30,000 for cruiser for purchase in 2011. (FO) Second. Carried 5-0.

(FO) Motion to eliminate $15,000 from Capital Reserve for cruiser.
(AM) Second. Carried 5-0.

(PS) Adjustments will be noted in the spreadsheets.

14. Light – PYW

(DM) Is there an issue of not having the light as requested by PYW?
Chief Wharem: It would be a serious safety concern without it. I would not like to see it leave. It would be cheaper to put them on the building. I would like to see more lights out there as it is a dark area. It lights up the entire parking lot. I am not exactly sure how it got there to begin with.
15. Animal Control Officer Position

(DM) Chief Wharem, can you give us an update on the position. Chief Wharem: I have five applicants and I am in the process of finding someone to sit in on the interviews that would be appropriate to evaluate the applicants. This will be done within the next couple of weeks.

16. Canine Program

Chief Wharem: The car cage is being installed on Friday and other equipment will have to be put in. They are in the process of screening dogs. Only one officer has put in for the position and it has been posted for awhile. No one else is interested. The interview will include another officer who works with a canine program in another town.

17. Officer John Webber – School

Chief Wharem: He is currently working at the school on an educational program. Many kids do not know the laws and this will attempt to educate the kids along with proper conduct, and safety procedures. There will be training requests coming through for Officer Webber to attend pertinent training sessions. I will be drawing up a job description for this position. It entails anywhere from 12-20 hours per week.

5. Petitioned Warrant Article Re: Housing Standards Ordinance

(PS) A Petition has been received to be placed as a Town Warrant Article noting “Are you in favor of revising Section 101.5 of the Housing Standards Ordinance to designate the Chief Inspector shall be the Town’s Building Inspector.”

(DM) Motion to acknowledge receipt of Petition for Town Warrant Article.
(AM) Second. After Discussion: Carried 4-0. (FO) Abstain.

Discussion: (FH) You want the Building Inspector to do it? He only works 20 hours… (AM) Point of Order, that has nothing to do with the Motion on the floor; we are just acknowledging receipt of the Petition.

6. Memorandum from Liz Hast Re: Town Report

(PS) Liz Hast and the internal staff have come up with some ideas for the cover, memoriam and dedication. (AM) Thank you to them and proceed with their suggestions.

(EV) Motion to approve proposed suggestions for Town Report 2010.
(FO) Second. Carried 5-0.

7. Cross Country Appraisers (Requested by Fred Hast)

(FH) I was hoping to get the appraisers here as soon as possible and go through some of the assessments. We had to give too many abatements. Many of the assessments are too low and we should find out why. I will have a list of the properties available by the time the assessors get here. (AM) I would like to see the list to see what we are talking about. (EV) Could you give us a list and what you think a reasonable figure would be? (FH) Many stayed the same, about eight went up and the balance went down in value from $5,000 to $100,000.

8. Liens/Deeds (Requested by Fred Hast)

(FH) We have several Deeds that we need to determine what to do with them.
(PS) Notices have been sent out and four people responded to arrange agreements. These are the remainder. We should go through them one at a time. (AM) I am hesitant to become a landlord. We would have to maintain the property. I would like to see us send out one more letter noting “This is your last chance” and address at February 15th Board meeting. (EV) I also am reluctant to become a landlord and would be willing to give them one last notice. (DM) As long as the language is strong enough, I would be agreeable to that. (AM) This could be a different letter noting either you respond to us or lose your property. (FO) Do you think enclosing a copy of the Deed would be appropriate? (AM) Yes. It is not fair to the people who do pay. (EV) It should be made quite clear that this is the “final notice.”

(FO) Motion to approve sending final notice letter to delinquent taxpayers for Tax Map U01, Lot 33, U03, Lot 114, R11, Lot 11, R14, Lot 17, R15, Lot 21, R26, Lot 9, R34, Lot 18, R49, Lot 4 and R54, Lot 6 with response prior to February 15, 2011. (AM) Second. Carried 5-0

Discussion: Board discussed means of distribution and settled on letters being hand delivered. Letter will be hand delivered and same letter sent via mail also.

18. Letters to Sun – Zoning Ordinances

(AM) I have put together some letters from the Board of Selectman for publication in the Sun regarding the repeal of the Zoning Ordinances and would like the Board to look at them.

(FO) Motion to approve letters (3) from the Board of Selectman for publication in The Sun regarding the repeal of the Zoning Ordinances. (EV) Second.
Carried 5-0.

19. Forestry Truck

(AM) Any update on the forestry truck? (PS) No update yet.

20. Petition for Three Member Board of Selectman

(PS) The Public Hearing on the Petition for Three Member Board of Selectman has been scheduled for February 15, 2011. (AM) Have we acknowledged receipt of the Petition? Board agreed that they had at the January 18, 2011 meeting.

21. Pennichuck – Eminent Domain

(FH) I think that we should file for eminent domain and we should push for it. Mr. Sansoucy who was going to advise us on this cannot be contacted. In two or three years, Nashua will have settled everything regarding their takeover and I would like to see this Board in favor of going before the PUC and pushing for eminent domain for Pittsfield now. I would like to see how Nashua would respond to this. (EV) Mr. Sansoucy was supposed to get back to us with some numbers and suggestions. (FH) He was here twice and then never came back. (AM) I think we need more guidance and strategies on how to proceed. We need outside help to do it properly. (FH) I would like to attempt to get hold of Mr. Sansoucy once again to have him come and discuss with us. (FH) to do and advise Board.

22. Acceptance of Bailey Drive as a Town Road

(DM) Though we have the recommendation of the Planning Board, no one has requested that this be accepted as a Town Road. We need to find out if/why George is maintaining this road and act upon.

INFORMATION ITEMS

None.

OLD BUSINESS

1. Capital Improvement Program
(PS) This has been completed and will be removed from the list.
2. Bids for Town Hall Window Frame Rehab Pending
3. Settlement Agreement/Assessment Appeal U4, Lot 18 & 19, U3, Lot 75
(PS) This will need to come back before the Board.
4. General Assessing Service Contract for 2011/Cross Country Appraisal
(PS) We are still waiting for the letter from DRA.

APPLICATIONS and WARRANTS

None.

CHECKS and MANIFESTS

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

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

MINUTES

None. (PS) still working on them.

PUBLIC INPUT

Ted Mitchell: Has the easel from the Town Hall been returned from school.
(EV) Yes.

Larry Konopka: Regarding the window replacement quote, have the windows been checked for lead paint? There are different laws out there that govern construction with items containing lead paint. (DM) We did not consider this in the quote. (PS) I will ask Dan Kramer to get a lead paint test kit. Mr. Konopka: There are a lot of new things that have come out on this. You must be certified to do it. (FO) The test kits are 80% accurate.

Larry Konopka: Fred, you had some questions on the Citizen Petition regarding the Housing Standards? (FH) The question is whether the Building Inspector will accept this? He has no time now; he is working a lot of hours. This could not be done in a twenty-hour week. He is still catching up and is very busy. (DM) We could address this when necessary. Mr. Konopka: My thoughts were to combine the two inspection positions into one. This is a small town and we do not need two inspectors. We would have more money for classes and we could put everything into one department. I think the community can handle it.

Close Public Input

OTHER

(PS) The complaint regarding the Welfare Director requested that someone call them and I have done that.

(EV) The Plan New Hampshire this weekend was well attended and informative. Their final report will be presented in April 2011.

NON-PUBLIC SESSION

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

Board went into Non-Public Session at 8:37 P.M.

Board returned to Public Session at 8:45 P.M.

(EV) Motion to seal Non-Public Session Minutes of January 25, 2010.
(AM) Second. Carried 5-0.

ADJOURNMENT

(EV) Motion to adjourn. (FO) Second. Carried 5-0.

Meeting adjourned at 8:47 P.M.

Approved: February 1, 2011

__________________________ ___________________
Denise Morin, Chairman Date

I hereby certify that these Minutes were recorded on January 25, 2011, transcribed and publicly posted on January 27, 2011.

______________________________________
Delores A. Fritz
Recording Secretary

II Tapes – January 25, 2011