JANUARY 27, 2009 Minutes

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

MEETING MINUTES OF TUESDAY, JANUARY 27, 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

None.

AGENDA REVIEW

(DM) Signatures on Ordinance; (LS) Budget, Absentee Calendar; (LK) Emergency Office of Management; (PS) CBDG Public Hearing Information/Action Required, 2009 Town Warrant/Latest Edition, Petitioned article for Town Warrant re: Town Clock Appropriation, E-Mail from Town Attorney Requesting BOS Confirmation for Pennichuck Procedural Schedule, E-Mail from Town Attorney Requesting BOS Position on Bifurcating the Pittsfield Aqueduct Company from the North Country Water Systems.

APPOINTMENTS

6:00 P.M. Employee of the Month

(DM) Ron Vien has been chosen as the Employee of the Month. (She read into the Minutes the article that will be posted in the Sun. Pictures were accomplished and the article will be posted in the Sun.)

6:05 P.M. David Hynes/DRA and Jeff Earls, Cross County Appraisals

(LK) Since these parties have not yet arrived, we will continue on with the Action Items as noted on the Agenda.

NEW BUSINESS

ACTION ITEMS

1. Action on Town Meeting Date and Time

(PS) If you will take a look at the Warrant, the Town Clerk has advertised the date and time as Tuesday March 10, 2008 as the day of ballot voting from 7:00 A.M. to 7:00 P.M. at the Town Hall and the Town Meeting session as March 14, 2008 at 10:0 A.M. at the Pittsfield Elementary School.

(LS) Motion to approve the ballot voting on March 10, 2009 from 7:00 A.M. to 7:00 P.M. and the Town Meeting as March 14, 2009 at 10:00 A.M. at the Pittsfield Elementary School. (EV) Second. Carried 5-0.

3. Budget

(LS) Motion to re-approve $157,869 for solid waste disposal. (EV) Second. Carried 5-0.

(LS) Motion to approve an additional $30,629 for Fire Hydrants. (DM) Second. After Discussion: Carried 5-0.

Discussion: (PS) You will note that a Fire Detection Charge was approved by PUC for Pennichuck. For the six months of charges attributed to 2008, $22,500 of this recoupment will be charged to the 2008 budget. The Board discussed the difference in costs, how total bill was presented, if there was notification and payment schedule.

(LS) noted that she had discussed this with Fire Chief as to what Town should and can do in this matter. Right now we can probably accept the rates as is and see what happens. The Chief will be researching this further with other municipalities. (DM) Are the readouts on the hydrants all working? Chief Johnson noted that all were working. (LS) This is not going to change the situation; we should appropriate it and work forward. (FH) Did the Town get notified of the increase? (PS) I do not have the answer to that. (PS) Once we pay the January bill, then it will revert to regular monthly charges.

PUBLIC HEARING

Information packets were available for the public for Community Development Block Grant, Housing and Community Development Plan, Residential Antidisplacement and Relocation Assistance Plan.

6:15 P.M. – Community Development Block Grant Proposal

OPEN PUBLIC HEARING ON COMMUNITY DEVELOPMENT BLOCK GRANT PROPOSAL.

Ms. Donna Lane, Community Development Block Grant Consultant, which comes through HUD was present tonight to make the presentation.

Community Development Block Grant funds are available to municipalities through the NH community Development Finance Authority. Up to $500,00 annually is available on a competitive basis for economic development, public facility and housing projects and emergency activities that directly benefit low and moderate-income persons. Up to $12,000 is available for feasibility study grants.

Liz Sweeney explained to Board and public that she is currently in the process of completing the financial statement for Amenico, which she expects to be available shortly. She noted that they were present tonight to get BOS approval after which she will present to the Loan Committee for their approval. She explained that she has the majority of the information, but not completely. She noted that the CDBG supports this project for equipment acquisition as well as the potential of providing new jobs within the community. The jobs will be mostly production type positions in the refinery and associated with transportation of product and will occur over a one-year period.

Mr. Sarandis noted that the Board is probably familiar with the facility, which we have acquired with approvals at the State and Federal levels. He explained initially the facility will produce 150,000 gallons of refined product each month and that by 2010 it is estimated that 6-8 million gallons a year is expected. We are the first company in this area to be doing this and are assisting the DES in establishing the language for this product.

Public Comments

(LS) I commend you for what you are trying to do. My question is, as I understand it tonight, is that you want the BOS’s approval to apply. Ms. Sweeney indicated, “You are approving the right to apply. We are requesting a commitment from the Bank and will provide financials to be approved by our Loan Committee. Things have not yet been finalized and no future Public Hearings will be scheduled.

(EV) To make this perfectly clear, you are applying for $500,000. When we talked initially we were talking about $300,000. This can only be applied for once a year and if the grant went through, there would be no further grant monies available for the rest of the year. Once this is approved by the BOS, we have no control.

Ms. Sweeney noted that what was originally requested has been changed due to the cost of the equipment to be purchased and the creation of the number of jobs has changed. You are right, once this is approved, you will have used up the allocation for the year. You could apply through Merrimack County on behalf of the Town of Pittsfield. (EV) Will the full amount stay in the community? Ms. Sweeney answered affirmatively. It will go in a revolving loan fund, which we will target for Pittsfield business.

Mr. Sarandis noted, “We are in a comfort zone for creating about 25 jobs. No one else is going after these funds.”

(LK) What is the liability to the Town if the loan is not repaid? Ms. Lane explained process by which recoupment would occur, which is usually about 20%, and that the Town would not have to pay back the $500,000.

(LS) related that though this is a very worthwhile project, she would still feel more comfortable if she could review the financial figures before she could make a decision and the ability of Amenico to pay the loan back. Ms. Lane noted that the Public Hearing could be rescheduled for the next BOS meeting to allow time for Ms. Sweeney to present these documents.

Helen Schiff “Is there any way to grant preferential hiring of Pittsfield residents as employees.” Ms. Lane, “No, these are federal funds and therefore, the positions would be open to all individuals.” Mr. Sarandis noted, “We will try.”

Close Public Input

Discussion: (FH) “I understand where you are coming from. How much is pulled for administration purposes?” Ms. Lane noted approximately $50,000, which includes administration, legal review and loan service fees. Amenico would receive approximately $470,000.

Mr. Sarandis noted that Amenico had guarantees of suppliers from New Jersey as well as Connecticut, which includes picking up the waste “oils”, and then re-distribution of the refined product. (FH) You are going to need a good number of trucks to do that or trucking contractors. Mr. Sarandis noted that hopefully these would be internal employees.

Close Public Hearing

OPEN PUBLIC HEARING – HOUSING AND COMMUNITY DEVELOPMENT PLAN

Ms. Lane noted that this project conforms to the plan’s goal of promoting the retention and expansion of local employment opportunities both as a short-term and long-term goal.

She noted that the current long term and short-term goals apply as well as the policy statement.

(LK) Any questions from the Board?

(LS) The economic development and residential municipal certification means that we reaffirm allowing low-income housing? Ms. Lane noted that this is the same as the previous project.

Public Comment

None.

Close Public Comment

OPEN PUBLIC HEARING – RESIDENTIAL ANTIDISPLACEMENT AND RELOCATION ASSISTANCE PLAN

Ms. Lane, “Although this project does not involve any displacement or relocation of persons (or businesses), if the Town were to undertake a CDBG project which involved displacement or relocation they would follow this plan. The Plan outlines the measures they would take to find comparable, suitable housing for persons (or businesses) displaced or relocated.

She noted that by following this plan, Town would find comparable housing in a comparable neighborhood and at a comparable price. The Town has adopted this three times in the past.

Public Comment

Mr. Sarandis related that time is of the essence. “We are not putting Town of Pittsfield in harm’s way. The bank has required stringent requirements and if the bank is satisfied, as is CDBG, what would be your concerns?”

(LS) I would say, “yes” in supporting this, but it is hard to make a decision on something I have not seen. It has to do with the economy. I am trying to make a responsible decision, and trying to do what is my responsibility. Mr. Sarandis questioned, “What forum are we talking about here?” (LS) noted that it would not go anywhere. I want to be supportive so I assure you it will not go anywhere.

Ms. Lane noted that we could continue this to the next hearing of the BOS. Ms. Sweeney noted that she had most of the information though it was not in the right format. She related that she would share that with (LS) including the commitment letter. “I do have to get this through the Loan Committee.”

Ms. Lane indicated that this should be submitted as soon as possible and that Public Hearing could be continued to the next Board meeting, which will be February 10, 2009. No further noticing would be required. The HUD disclosure form noting that the Board has no financial interest in this project will be available. The motion of acceptance is all “written out” for Board and Town Administrator or Chairman signature is required

Public Hearing continued to February 10, 2009.

Close Public Comment

Public Hearing closed at 7:05 P.M.

APPOINTMENTS – CONTINUED

7:10 P.M. – David Hynes/DRA and Jeff Earls, Cross Country Appraisals

Mr. Hynes noted that he would like to turn his part of this meeting to my boss, Stephen Hamilton, Director.

Mr. Hamilton noted that this meeting had been requested concerning the way data is converted. I will get the information from Jeff regarding adjustments and compensation. There were some concerns the way conversions were done. I would also like to come back in about two weeks, which would offer me time to understand the issue totally, how big it is and how to adjust for it. I know there are concerns about the 2009 pick-ups.

Jeff Earls, “Does the Board have any questions for me? You have the list of our employees, license plate numbers, etc.”

(PS) As I understand it, the software is Avatar Software. Is Avatar involved in this at all? I would assume they understand how the software merges. Mr. Earls related that they would be made aware of our findings. If we need to bring them in, we will. (PS) Secondly, is this costing the Town anything? Mr. Earls noted, “No, it will involve costing us some time but it is our responsibility. We need to fix any problems for all properties.”

Appointment was rescheduled for February 10, 2009.

PUBLIC HEARING – DISBURSEMENT FROM THE PROPERTY ACQUISITION AND REDEVELOPMENT EXPENDABLE TRUST

(LS) I would like to introduce Mr. James Hetu, President of the Suncook Valley Regional Development Corporation.

(PS) To summarize this for the Public Hearing, it is to elicit comments from the public concerning the request of the Suncook Valley Regional Development Corporation to have Town transfer $6,500 to the corporation to be used to evaluate properties within Pittsfield should any property worthy of purchase, redevelopment or sale become available.

Open Public Comment

Mr. Hetu related that he is the President of the corporation. (PS) noted that he currently is a member of the Board of Directors of the Suncook Valley Regional Development Corporation.

(DM) “This money will be used to look at properties, and if you find one, what happens next?” Mr. Hetu related, “We are looking at properties now and would use the monies for engineering studies to see if property is work developing.” Financing will be addressed later.

(LS) I think she is referring to should we find a property, what is our next plan of action? Mr. Hetu noted that the monies would be used to determine what can be accomplished with the property, prior to potential purchase. (LS) noted that this is a joint effort. We will be looking at the market, and so as to not escalate the property value, Board will be a part of this. (EV) read the Articles of Dissolution to public.) No one profits personally nor would members take any monies from the corporation. (LS) There is a Town representative as a member. (DM) requested a copy of the mission statement. (EV) related that this is all filed with the State of New Hampshire and has been approved.

Board had several questions for Mr. Hetu in regard to how this would be accomplished, the intended purpose, and full financing. Maurice Wells questioned whether the $100,000 was encumbered for this year? (LS) related that it was an expendable trust, which means it stays there until it is used for the purpose for which it was intended.

Close Public Comments

(LS) Motion to approve disbursement of funds from the Town of Pittsfield’s Property Acquisition and Redevelopment Expendable Trust to the Suncook Valley Regional Development Corporation in the amount of $6,500. (DM) Second. Carried 5-0.

NEW BUSINESS
ACTION ITEMS (CONTINUED)

2. Action on 2009 Town Warrants

(PS) I received an E-Mail from Bill Gosse requesting a Warrant Article be heard at the Town Meeting tonight noting:

(LS) read into Minutes the Warrant Article as proposed. “To see if the Town will vote to authorize the Selectmen to negotiate and enter into a long-term lease agreement with Septic Disposal Solutions, LLC for the purpose of improving a parcel of Town land known as the Belcastro Pit. The purpose of the lease agreement is to allow Septic Disposal Solutions, LLC to construct and operate a septage composting facility on Town-owned land.”

Paul and Darlene Johnson of Septic Disposal Solutions, LLC were present tonight.
Ms. Johnson noted that the BOS is familiar with the project at the BelCastro site.

Board agreed that they understood the concerns of Septic Disposal Solutions, though they felt that the wording should be redrafted, then sent to counsel for review and then go forward as a Warrant Article.

The Johnsons were agreeable with this.

The Board proceeded to review and approve the proposed Warrant Articles.

(PS) Article 1. As noted by Town Clerk
Article 2. This one is incomplete and will be completed shortly.
Article 3. Will be accomplished after Public Hearing by Planning Board.
Article 4. (LS) Motion to approve as written. (EV) Second. Carried 5-0.
Article 5. (FH) With all the repairs that need to be done at the Town Hall, why not leave it in there and add to it. When there are sufficient funds in there, we could renovate the upstairs. As I understand it, the Fire Chief has closed down the second floor. (EV) But we now have a line item, which is to be utilized for all Town Buildings. We have incorporated all repairs under one heading.
(LS) Motion to approve as written. (DM) Second. Carried 5-0.
Article 6 Board agreed it should be rewritten as an expendable trust rather than contingency fund. The Warrant will be changed to read:

To see if the Town will vote to raise and appropriate the sum of Fifteen Thousand Dollars ($15,000) to be utilized as an expendable trust for the purpose of purchasing supplies and maintaining Town equipment as a result of the Departments responding to seasonal emergencies. (Estimated gross tax impact $0.05).
(LS) Motion to approve as re-written. (DM) Second. Carried 5-0.

INFORMATION ITEMS

4. Proposal for Infiltration/Inflow Study-TTG Consulting

(PS) The Board has discussed this issue with Ron Vien in the past. It is a proposal in the amount of $53,150 and will be performed under the existing grant/loan package of NH DES and USDA-RD. Ron Vien noted that this is part of the Phase II upgrade, which covers outside pipes, etc. (DM) Do you have a copy of the original grant? (PS) I would assume DES has a copy or the Turner Group. You would probably have to go there and go through their files to find what you want. Wright-Pierce is working in conjunction with TEC and will be responsible for this phase. Ron Vien noted he would try to find a copy of the grant for (DM).

(DM) Motion to approve $53,150 for Phase II of the wastewater facilities improvement program to TEC. (LS) Second. Carried 5-0.

OLD BUSINESS

1. Town Hall Improvements, Life Safety Codes Pending
2. Management Analysis for GASB 34 Pending
3. Space Needs Study

Susan Muenzinger questioned whether there had been any additional information on the Space Needs Study. Board agreed that they had no additional information, nor were they able to find any reports on this study. Board agreed that they would remove it from future Agendas for now.

4. Sidewalk Improvement Plan

Ms. Muenzinger noted that since this is a recommendation of the Master Plan, if anything had been accomplished on this. Board noted that Matt Monahan, CNHRPC, was supposed to be present tonight to address the possible grant for this. This will be rescheduled.

5. Library Attic Insulation Pending
6. Cost of Broadcasting Selectmen, PB & ZBA Meetings Pending

Break 8:00 P.M. Meeting resumed at 8:10 P.M.

2. Board resumed reviewing the proposed Warrant Articles

Article 7. (LS) Motion to approve as written. (DM) Second. Carried 5-0.
Article 8. (LS) Motion to approve as written. (DM) Second. Carried 5-0.
Article 9. (FH) noted that probably a tower truck would better serve the
Town.
(LS) Motion to approve as written. (DM) Second.
Opposed 0-5. Motion fails.
Article 10. (EV) Motion to approve as written. (DM) Second. Carried 5-0.
Article 11. (EV) Motion to approve as written. (LS) Second. Carried 5-0.
Article 12. (LS) Motion to approve as written. (FH) Second. Carried 5-0.
Article 13. (FH) Motion to approve as written. (LS) Second. Carried 5-0.
Article 14. (FH) Motion to approve as written. (LS) Second. Carried 5-0.
Article 15. (FH) Motion to approve as written. (LS) Second. Carried 5-0.
Article 16. (FH) Motion to approve as written. (LS) Second. Carried 5-0.
Article 17. (FH) Motion to approve as written. (LS) Second. Carried 5-0.
Article 18. (LS) Motion to approve as written. (FH) Second. Carried 5-0.
Article 19. (FH) Motion to approve as written. (EV) Second. Carried 5-0.
Article 20. (FH) Motion to approve as written. (LS) Second. Withdrawn
Board agreed that rather than $2,500 the amount should be $2,000.
(LS) Motion to approve Warrant Article as written changing the amount to $2,000. (FH) Second. Carried 5-0.
Article 21. (LS) agreed that she would get these figures to PS to complete the Warrant Article.
Article 22. (EV) Motion to approve as written. (DM) Second. Carried 5-0.
Article 23. (DM) Motion to approve as written. (LS) Second. Carried 5-0.

4. Absentee Calendar

(LS) noted that the Absentee Calendar would be a good idea. Can we use it?

(LS) Motion to adopt the use of Absentee Calendar for all departments.
(EV) Second. Carried 5-0.

(LK) requested that this should be reviewed in six months to see how it is working.
Department Heads will complete the form for employees, and (PS) to complete for all Department Heads.

5. Loitering Ordinance

Loitering Ordinance was signed by Board of Selectman individually noting that the effective date was January 20, 2009.

INFORMATION ITEMS CONTINUED

1. Pennichuck Fire Protection Charges

This was reviewed and appropriated earlier in the meeting.

2. Cross Country Appraisal 2009 Contract Proposal

(PS) I would suggest waiting until Jeffrey Earls returns with the information he is reviewing.

3. Concord-Epsom Elks/Tornado Relief Donation

(LS) Motion to accept tornado relief donation Concord-Epsom Elks.
(DM) Second. Carried 5-0.

4. Proposal for Infiltration/Inflow Study – TTG Consulting

This was reviewed and appropriated earlier in the meeting.

5. Emergency Operation Management Meeting

(LK) We had our first meeting last week; however, a few Department Heads did not show up. (LS) It should be mandatory that Department Heads be there.
(PS) to send formal Memo to all Department Heads to that effect. Next meeting is February 6, 2009, 2:00 P.M. at Town Hall.

ACTION ITEMS – CONTINUED

6. Town Attorney requesting BOS Confirmation for Pennichuck Procedural Schedule.

(LS) Motion to approve Pennichuck Procedural Schedule as proposed by Town Attorney. (LS) Second. Carried 5-0.

7. Town Attorney Requesting BOS Position on Bifurcating – Pittsfield Aqueduct Company from the North Country Water Systems

(EV) Motion to approve bifurcating of Pittsfield Aqueduct Company from the North County Water Systems. (DM) Second. Carried 5-0.

APPLICATIONS AND WARRANTS

1. Timber Tax Levy Tax Map R11, Lot 7

(EV) Motion to approve Timber Tax Levy Tax Map R11, Lot 7 in the amount of $532.92. (DM) Second. Carried 5-0.

2. Timber Tax Levy Tax Map R10, Lot 8-4 and Abatement/Tornado Damage

(FH) Motion to approve Timber Tax Levy and Abatement Tax Map R-10, Lot 8-4 in the amount of $494.10. (EV) Second. Carried 5-0.

3. Abatement Tax Map U-3, Lot 36

(DM) Motion to approve abatement Tax Map U-3, Lot 36. (EV) Second. Carried 5-0.

CHECKS AND MANIFESTS

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

(LS) Regarding employee working 8-hour holiday and paid for 10 hours. Paul, could you look into that? (PS) to do.

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

(LS) The check for Pennichuck should be for 2008 budget. Also Check No. 9937 to Rymes – There are no slips attached and we are paying in full. Check No. 9954 was for “Santa” supplies, which was charged to Crime Prevention. The reimbursement should be coming in. (DM) Also, the check for Shirtmasters should be for Parks and Rec. (LS) The order was placed by a police officer – Why? (PS) to check into these matters.

MINUTES

1. Public Session Minutes of January 13, 2009 and January 20, 2009

(DM) Motion to approve Public Session Minutes of January 13, 2009.
(EV) Second. Carried 5-0.

(EV) Motion to approve Public Session Minutes of January 20, 2009.
(FH) Second. Carried 5-0.

2. Non-Public Session Minutes of January 13, 2009

(LS) Motion to approve Non-Public Session Minutes of January 13, 2009.
(DM) Second. Carried 3-0. (EV) and (FH) Abstain.

OTHER

1. Fire Department Schedule

(FH) Did you ever receive the Fire Department Schedule? (PS) Chief has presented the schedule twice and I have returned it twice. He is in the process of making it more definitive.

2. Community Calendar

It was noted that the Selectman Meeting Dates are incorrect on the Community Calendar.

ADJOURNMENT

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

Meeting was adjourned at 9:17 P.M.

Approved: February 3, 2009

_______________________________ _________________________
Larry Konopka, Chairman Date

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